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Home My WebLink About14-0401NO. 7 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 1, 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 April 1. 2014 FINAL FROM THE MAYOR FROM STHE MAYOR EXECUTIVE 644- A Strat Plan- Amendment to the 2013 -14 Annual Action Plan -CDBG CD COMPTROLLER 645- 1. Certificate of Necessity -Inc Approp- Judgment & Claims R &F 646- IA Certificate of Necessity - Transfer in Funds -Tree Mngt & Pool Code R &F 647- 2. Appoint Administrative Assistant(Perm)(Inter)(Tisdale) CS ASSESSMENT 648- 3. Appoint Senior Tax Clerk(Prov)(2 d Step)(Guadalupe) CS PUBLIC WORKS 649- 4. Change in Contract - American Legion Post -136 Caz(South) APP 650- 5. Change in Contract - Hazardous Waste Removal APP 651- 6. Change in Contract - Replacement of Streetlights Citywide APP 652- 7. Increase in Encumbrance -Urban Engineers of NY Sidewalk Inspection Consulting APP 653- 8. Permission to Engage in Agmt for Florescent Bulb Recycling Svs APP 654- 9. Permission to Enter into an Agreement With Modern Corp for Cardboard Recy Broadway Market APP 655- 10. Permission to Hire for 2014 -2015 Citywide Tree Management Agmt APP 656 11. Permission to Hire Consultant -City Pools Inspection(Various) APP 657- 12. Proposed JRO Children's Hospital Encroachment W /In City ROW -830 Ellicott(Ell) APP 658- 13. Report of Bid -Bflo Fire Dept - Physical Agility Test APP 659- 14. Appoint Caulker Supervisor I(Temp)(Inter)(Anderson,Kreuz)) CS 660- 15. Appoint Filtration Plant Operator(Temp)(Inter)(Denecke) CS 661- 16. Appoint Motor Equipment Mechanic(Perm)(Max)(Koszuta) CS 662- 17. Appoint Motor Equipment Mechanic(Perm)(Max)(Feeney) CS 663- 18. Appoint Chief Pumping Plant Operator(Prov)(Max)(Kumro) CS 664- 19. Appoint Pumping Plant Operator(Prov)(Max)(Burgio) CS 665- 20. Appoint Pumping Plant Operator(Prov)(Max)(Ciaudella) CS 666- 21. Appoint Supervisor of Rinks and Pools(Prov)(Inter)(Leonard) CS 667- 22. Appoint I' Class Stationary Engineer(Prov)(Inter)(Veroba) CS POLICE 668- 23. Permission to Accept 2013 DHSES Tactical SWAT Team Grant APP PERMITS AND INSPECTIONS 669- 24. Used Car Dealer -1933 Genesee(Lov) LEG 670- 25. Appoint Building Inspector(Temp)(Fifth Step)(Mazzone) CS 671- 26. Appoint Senior Account Clerk Typist(Perm)(3 d Step)(Porto) CS ADMINISTRATION AND FINANCE 672- 27. List of Delinquent Tax/User Fees and Sewer Lines -In Rem 48 R &F BOARD OF EDUCATION 673- 28. Endorses Efforts to Establish the Buffalo Youth Promise Act LEG CITY CLERK 674- 29. Liquor License Applications R &F 675- 30. Leaves of Absence R &F 676- 31. Reports of Attendance R &F 677- 32. Notices of Appointments - Council Interns ADOPT 678- 33. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS ---- - - -34. E. Blanks -Elite Automotive Request Perf Bond be Removed -City Towing Contract WITHDRAWN 679- 35. N. Boyd- Concerns Office Space at Apollo Media Center LEG 680- 36. G. Burstein - Response ECDOH Lead Inspection R &F 681- 37. T. Cupo -Bflo Water Bd Frontier Hot Dip Galvanizing R &F 682- 38. R. Fontana -King Charter School Relocation Statement CD 683- 38A J. Golombek- Olmsted Parks Donation of Sound System for Marcy Casino APP 684- 39. S. Kroll-EC Legislature Adopt Resolution Supporting Substance Abuse PETITIONS Treatment, Counseling and Mental Health Services CD 685- 40. M. LoCurto -Fire Dept to Carry Heroine Antidote R &F 686- 41. K. Massey- Purchase Agreement Market Arcade Building R &F 687- 42. D. Rivera- Community Open Houses Re Improvement Project Peace Bridge R &F 688- 43. M. Rodgers -CTRC Endorses Res Re Terminal's Use for Future High Speed Rail R &F 689- 43A C. Scanlon- Recommend Uphold Preservation Determination -130 S. Park(Fill) ADOPT 690- 44. D. Smith - Extension of BMHA Contract WBPD FIN 691- 45. D. Smith -J. Hutchings - Buffalo Outer Harbor Site and GBSEC CD 692- 45A D. Smith - Buffalo News Article to Address Zombie House Blight, Two Strategies CD 693- 46. R. Wyatt- Spreadsheet of University Food Stores Renewing all but -3154 Bailey and 51. Fontana,etc Objections to Compensation of Out -Going Time Warner 313 Weston EDPI 694- 46A R. Wyatt-R. Scibillia Remarks Re Buffalo Youth Promise Act LEG 695- 46B R. Wyatt-S. Poole- Comments From NYS Child & Family Services - Buffalo Youth 53. Golombek Waive Special Event Fees -2014 Hasek's Heroes Promise Act LEG PETITIONS 696- 47. B. Bernatovicz, Agent, Use 2062 Main St to Erect a Ground Sign and Plaque Sign at Northern Gate of Forest Lawn(Del)(hrg 04/08) LEG,CPBD,ZONING 697- 48. R. Carpenter, Owner, Use 478 Elmwood to Reestablish Use of a Restaurant In the Elmwood Business District/Cont Use of Patio and Fence(Nia)(04 /08) LEG,CPBD 698- 49. T. Mattina, Owner, Use 376 Grant to Erect a Wood Deck & Rails for an Outdoor Cafe Permitted Uses for Indoor Music(Nia)(hrg 04/08) LEG,CPBD,ZONING RESOLUTIONS 736- 50. Fontana Increased Appropriation - Judgment & Claims APP 737- 50A Fontana Transfer in Funds -Tree Mngt & Pool Code APP 738- 51. Fontana,etc Objections to Compensation of Out -Going Time Warner Cable Executives ADOPT 739- 52. Fontana WNY Delegation in Increasing Funds for Regional Security ADOPT 740- 53. Golombek Waive Special Event Fees -2014 Hasek's Heroes Willie O'Ree Skills APP 741- 53A Golombek A Mandate That the US General Services Admin Comply With Federal Law and Agency Policy Re Peace Bridge ADOPT 742- 54. LoCurto Appoint Marriage Officer 04/14 to 09/14- Munson -Ellis ADOPT 743- 55. LoCurto Waive Special Event Permit Fees -War of 1812 APP 744- 55A LoCurto Waive Permit Fees - Canisius College Reserve officers March APP 745- 56. LoCurto,etc Worker Owned Cooperatives in the COB ADOPT 746- 57. Pridgen Waive Park Rental and Event Fees for The Chaulkfest Buffalo Event APP 747- 58. Pridgen Ordinance Amendment -Ch 78 Animals R &F 748- 58A SmithWaive Park Rental and Special Event Fees - Kinfolks Soul Food Festival APP 749- 59. Wyatt Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 699- 1. 14 -546 Com Mar 18 Appoint Assessor (Temp)(Carroll)(Asmt) APP 700- 2. 14 -576 Com Mar 18 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F 701- 3. 14 -169 Com Feb 4 Request Exam for Cell Block Attendant(Pol) R &F 702- 4. 13 -19 Com Dec 23 Buffalo Police Cellblock -Key Problems Concerning Positions at Central Booking(CP) R &F FINANCE Disposition of Property BURA 615 -623 Main(Pridgen)(Hrg 04/01) APP 703- 5. 14 -543 Com Mar 18 Follow up to 2012 Audit Report on Dept of Parking(Compt) R &F 704- 6. 14 -549 Com Mar 18 Increase in Encumbrance Cars on Main St -500 Blk(Ell)(PW) APP 705- 7. 14 -559 Com Mar 18 Extend Downtown Stadium Leasing Arrangements With 726- 28. 14 -570 Com Mar 18 Appl for Restricted Use Permit 75 W. Chippewa(4 /11 /14)(CtyClk) APP 727- 29. 14 -571 Com Mar 18 Bflo Bisons Through March 31, 2015(CC) RECOMMIT 706- 8. 14 -593 No Mar 18 J. Paul -P. Merlo- Response Concerning Waterline 123 Roberts Ave RECOMMIT COMMUNITY DEVELOPMENT Rest Under New Ownership in Elmwood Ave Special Zoning Dist(Del)(hrg 3/25) APP 707- 9. 14 -528 Com Mar 18 Approve Land Disposition Agmt Btwn COB and Legacy LaSalle for Dev of Store in The Seneca St Special District(South)(hrg 3/25) R &F 730- 32. 14 -603 No Mar 18 F. Zappia, Agent, Use 1147 Abbott Rd for A Pole Sign/Full Use City Parcel(Known as part of 71 NYL & W RR)(Univ)(Start Plan) APP 708- 10. 14 -530 Com Mar 18 Disposition of Property 615 -623 Main Downtown Entertainment Dist(Strat Plan) APP 709- 11. 14 -531 Com Mar 18 Disposition of Property Sycamore Village Phase III(Strat Plan) APP 710- 12. 14 -532 Com Mar 18 Report of Sale 500 Busti(Ell)(Strat Plan) APP 711- 13. 14 -533 Com Mar 18 Report of Sale 373 & 381 Carlton(Ell)(Strat Plan) APP 712- 14. 14 -534 Com Mar 18 Report of Sale 574 Fargo(Nia)(Strat Plan) APP 713- 15. 14 -535 Com Mar 18 Report of Sale 321 Hickory(Ell)(Strat Plan) APP 714- 16. 14 -536 Com Mar 18 Report of Sale Portion of 837 Prospect(Nia)(Strat Plan) APP 715- 17. 14 -537 Com Mar 18 Report of Sale 891 & 893 Smith(Fill)(Strat Plan) APP 716- 18. 14 -538 Com Mar 18 Report of Sale 240 Timon (Ell)(Strat Plan) APP 717- 19. 14 -540 Com Mar 18 Report of Sale 79 Walden(Fill)(Strat Plan) APP 718- 20. 14 -579 No Mar 18 M. Ertha - Article Cities Mobilize to Help Those Threatened by Gentrification R &F 719- 21. 14 -587 No Mar 18 B. Mapps- Concerns Gentrification in the Fruit Belt R &F 720- 22. 14 -594 No Mar 18 D. Pridgen -J. Giusiana -Bflo Public Sch Transferred The Use of Former Sch #11 Poplar Academy to COB R &F 721- 23. 14 -635 Res Mar 18 Disposition of Property BURA 615 -623 Main(Pridgen)(Hrg 04/01) APP 722- 24. 14 -637 Res Mar 18 Disposition of Property BURA Sycamore Village Phase III(Pridgen)(Hrg 4/1) APP LEGISLATION 723- 25. 14 -565 Com Mar 18 Second Hand Dealer 561 Delaware aka 85 Allen(Fill)(EDPI) APP 724- 26. 14 -568 Com Mar 18Appl for Restricted Use Permit 75 W. Chippewa(3 /21 /14)(CtyClk)R &F 725- 27. 14 -569 Com Mar 18 Appl for Restricted Use Permit 75 W. Chippewa(3 /28 /14)(CtyClk) R &F 726- 28. 14 -570 Com Mar 18 Appl for Restricted Use Permit 75 W. Chippewa(4 /11 /14)(CtyClk) APP 727- 29. 14 -571 Com Mar 18 Appl for Restricted Use Permit 75 W. Chippewa(4 /25 /14)(CtyClk) APP 728- 30. 14 -601 No Mar 18 A. Gill, Owner, Use 1006 Elmwood aka 1008 Elmwood to Re -Open Existing Rest Under New Ownership in Elmwood Ave Special Zoning Dist(Del)(hrg 3/25) APP 729- 31. 14 -602 No Mar 18 G. Omar, Use 1953 Seneca, An Existing Ice Cream Parlor Add Use of Food Store in The Seneca St Special District(South)(hrg 3/25) R &F 730- 32. 14 -603 No Mar 18 F. Zappia, Agent, Use 1147 Abbott Rd for A Pole Sign/Full Use LED(South)(hrg 3/25) RECOMMIT 731- 33. 14 -620 No Mar 18 C. Christopher, Agent, Use 2042 Niagara, To Convert Storage /Warehouse To An Auto Repair Shop in Niagara River Coastal Spec Review (hrg 3/1 1)(North)(# 14-470, 3/4) APP 732- 34. 14 -624 No Mar 18 J. Milbrand- Appeal of Preservation Bd Decision Pertaining to 130 South Park(Pub Hrg 2/11) R &F 733- 35. 14 -627 No Mar 18 Restaurant Dance License(Renewal) 130 South Park (Fill)(EDPI)( #11- 33,5/17) APP 734- 36. 14 -471 No Mar 4 A. Abbas, Owner, Use 459 Elmwood aka 467 Elmwood for a Hookah Lounge In the Elmwood Ave Special Zoning District(hrg 3 /11)(Nia)_RECOMMIT 735- 37. 14 -472 No Mar 4 C. McCaffrey, Agent, Use 2611 Delaware for a Full-Use LED Ground Sign (no hrg)(Del) DENY CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY APRIL 1, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt— 9 Absent - -None 0 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on March 18, 2014 were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 644 AMENDMENT TO THE 2013 -14 ANNUAL ACTION PLAN AND PRIOR YEARS ANNUAL ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) ITEM NO. 00013, CCP 07/09/13 (2013 ANNUAL ACTION PLAN) ITEM NO. 00070, CCP 02 -07 -12 (2012 ANNUAL ACTION PLAN) ITEM NO. 00003, CCP 02 -16 -11 (2011 ANNUAL ACTION PLAN) ITEM NO. 00067, CCP 02 -16 -10 (2010 ANNUAL ACTION PLAN) Attached for Your Honorable Body's consideration, please find amendments to the City of Buffalo's 2013 -2014 Annual Action Plan and Prior Years Annual Action Plans. These amendments will allow the City of Buffalo to meet the CDBG Timeliness deadline as well as provide for budget shortfalls that will arise due to extending the City of Buffalo's program year. The Amendment being submitted to this Honorable Body for approval does not include any new projects. All projects identified in the attached Annual Action Plan Amendment have been previously approved by this Honorable Body. Now that bids have been received for the projects, project budgets have been adjusted from the estimated costs to the actual cost of the project. Project balances where there is a surplus have been shifted to balances where there is a shortfall. Balances from projects that are no longer active have also been used to cover the shortfall of approved projects. Due to the extension of the end date for the Year 39 program year from April 30 to September 30, funds have been identified in the Amendment for the City of Buffalo's Section 108 payment. The payment is required by HUD. The City of Buffalo budgets for this payment in every Annual Action Plan. An additional payment is required in Year 39 because of the extension of the Year 39 program year. Pursuant to 24 CFR 91.505, a public hearing on the amendments is scheduled for April 8 th at the Buffalo & Erie County Library, at 6:00 p.m. A thirty day comment period will be provided after the public hearing. The April 8 th public hearing will also serve as the first public hearing for the City of Buffalo's Year 40 program year. The Year 40 program year will start October 1, 2014 and end September 30, 2015. The City of Buffalo's proposed Year 40 Annual Action Plan budget is not presented at this hearing. The hearing is intended to advise the public of Year 40 funding levels and the types of projects that can be funded with CDBG, HOME, ESG, and HOPWA funding. The Office of Strategic Planning requests that Your Honorable Body approve the Amendments to the 2013 -2014 Annual Action Plan and Prior Years Annual Action Plan dated April 8, 2014, which is attached hereto. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT; FROM THE COMPTROLLER NO. 646 CERTIFICATE OF NECESSITY LINCREASED APPROPRIATION 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 $ 2,50B, 000 in the estimate for the fiscal year beginning July 1, 2013 is necessary for Prior Year Judgment & Claims 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, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: From: 10700096- 397000 Fund Balance - Restricted — Claims $2,500,000 To 17221008 - 480205 Judgment & Claims -Prior Years $2,500,000 RECEIVED AND FILED NO. 646 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 100,000 be transferred and reappropriated as set forth below: From: 300001 06 445100 Capital Planning $227,750 To 30001016 - 445100 Tree Management & Planning $184,150 30090706 - 445100 Pools Code Review $ 43,600 RECEIVED AND FILED NO. 647 APPOINT ADMINISTRATIVE ASSISTANT ((PERM)(INTER)(TISDALE) Appointment effective 03/17/2014 in the Department of Audit and Control, Division of Audit to the position of Administrative Assistant, Permanent at the Starting Salary of $42,758.00 Robyn Tisdale, 248 Berkshire Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 648 APPOINT SENIOR TAX CLERK(PROV)(SECOND STEP)(GUADALUPE) Appointment effective march 3, 2014 in the department of assessment and taxation to the position of senior tax clerk, provisional appointment at the second step of $34,889.00 Erid Guadalupe, 1219 Main St Apt 407, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 649 CHANGE IN CONTRACT CONTRACT #93001254 AMERICAN LEGION POST @ 136 CAZENOVIA ST. PARTIAL RE- ROOFING I hereby submit to Your Honorable Body the following change for The American Legion Post located at 136 Cazenovia St. Partial Re- Roofing, Grove Roofing C# 93001254 1.) This change includes labor and materials required for the unforeseen Add $11,795.23 Replacement of the wood deck that was determined to be rotted after the removal of the existing roof began. The foregoing change results in a net increase in the contract of Eleven Thousand Seven Hundred Ninety Five Dollars and 23/100($11,795.23) Summary Original Contract Amount $19,700.00 Amount of this change order $11,795.23 Revised Contract Amount $31,495.23 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 35323106 - 445100 - Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated March 26, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $11,795.23 (Original Contract Amount $19,700.00 + Change Order #1 $11,795.23 for a Revised Contract Amount of $31,495.23) for the American Legion Post located at 136 Cazenovia Street, Partial Reroofing to Grove Roofing, C #93001254. Funding is available in Account #35323106 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 650 CHANGE IN CONTRACT CONTRACT #93001274 HAZARDOUS WASTE REMOVAL I HEREBY SUBMIT TO YOUR Honorable Body the following change for Hazardous Waste Removal, Environmental Service Group, C 93001274 1. This change includes the removal and disposal of hazardous waste $1,100.00 At the Broadway Garage The foregoing change results in a net increase in the contract of One Thousand One Hundred Dollars and 00/100($1,100.00) Summary Original Contract Amount $8,550.00 Amount of this change order $1,100.00 Revised Contract Amount $9,650.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 13296006- 480000 - 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 March 25, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $1,100.00 (Original Contract Amount $8,550.00 + Change Order #1 $1,100.00 for a Revised Contract Amount of $9,650.00) for Hazardous Waste Removal to Environmental Service Group, C #93001274. Funding is available in Account #13296006 480000 - Buildings. PASSED AYES — 9 NOES - 0 NO. 651 CHANGE IN CONTRACT #93000893 REPLACEMENT OF STREETLIGHTS CITYWIDE GROUP #745 SOUTH BUFFALO ELECTRIC, INC. ITEM #16 OF CCP 11/24/11 :] I hereby submit to Your Honorable Body the following change order for the above named project. South Buffalo Electric, Inc. is the company hired to replace street light standards knocked down by vehicles. They also perform a variety of other street lighting work as needed. This increase is necessary for the continuation of replacing knocked down street light standards throughout the remainder of the year pending a new contract. I respectfully certify that this increase to the unit prices approved by the Common Council on 11 /24/11 Item #16 is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase to contract #93000893. The funds are available in accounts 3431 i506- 445100, 35314506 - 445100 and 30335406 - 445100. Original Contract: $333,067.00 Increase in Contract:$ 75,515.00 Total Contract to Date $408,582.00 Cc: Steven J. Stepniak, Commissioner of Public Works 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 March 11, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $75,515.00 (Original Contract Amount $333,067.00 + Change Order #1 $75,515.00 for a Revised Contract Amount of $408,582.00) for the replacement of street light standards knocked down by vehicles, and other street lighting work as needed, to South Buffalo Electric, C #93000893. Funding is available in Accounts #34311506 - 445100, 35314506 - 445100 and 30335406 - 445100. PASSED AYES — 9 NOES — 0 NO. 652 INCREASE IN ENCUMBRANCE URBAN ENGINEERS OF NEW YORK, P.C. CITY -WIDE SIDEWALK INSPECTION CONSULTING SERVICES CONTRACT #93000909 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue infrastructure inspections for the 2014 construction season with the approved capital bond funds in accordance with the consultant term agreement. This is the third and final year of the term agreement. Funds are available in Capital Projects Account # 36319406- 445100 and /or another account to be named at a future date. Existing Contract Amount $379,428.00 Increase in Contract $100,000.00 Total Contract to Date $479,428.00 1 respectfully certify that this change order is fair and equitable for the Work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Urban Engineers of New York, P.C. 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 March 24, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $100,000.00 (Original Contract Amount $379,428.00 + Change Order #1 $100,000.00 for a Revised Contract Amount of $479,428.00) for the Citywide Sidewalk Inspection Services Contract with Urban Engineers of New York, P.C., C #93000909. Funds are available in Capital Projects Account #36319406- 445100 and /or another account(s) to be named at a future date. PASSED AYES — 9 NOES - 0 NO. 653 PERMISSION TO ENGAGE IN AGREEMENT FOR FLUORESCENT BULB RECYCLING SERVICES. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with American Lamp Recycling, LLC. for fluorescent bulb recycling services. The City of Buffalo will utilize Erie County bid # 213251 which provides the following pricing from September 15, 2013 through September 14, 2014: Straight Fluorescent Lamps $.05 per linear ft. Compact Fluorescent Lamps $0.29 per lamp Circular Fluorescent Lamps $0.29 per lamp U -tube Fluorescent Lamps $0.29 per lamp Mercury Vapor Lamps $0.29 per lamp "1 Metal Halide Lamps $0.29 per lamp High Pressure Sodium Lamps $0.29 per lamp High Intensity Discharge Lamps $0.29 per lamp Light Ballasts $1.65 per ballast Transportation charge $150 per stop 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 March 25, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage in an agreement with American Lamp Recycling, LLC for fluorescent bulb recycling services. PASSED AYES — 9 NOES - 0 NO. 664 PERMISSION TO ENTER INTO AN AGREEMENT WITH MODERN CORPORATION FOR CARDBOARD RECYCLING SERVICES AT THE BROADWAY MARKET. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to enter in an agreement with Modern Corporation for cardboard recycling services at the Broadway Market for (5) one -year periods. The first one year term will end June 30, 2014. The vendor has been chosen through an informal bid process. Results are below: Modern Corporation - $55.00 per month Waste Management - $100.00 per month Republic Services - $136.56 per month Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 25, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with Modern Corporation for cardboard recycling services at the Broadway Market for five (5) one -year periods The first one year term will end June 30, 2014. The vendor has been chosen through an informal bid process. PASSED AYES — 9 NOES - 0 NO. 666 PERMISSION TO HIRE FOR 2014 -2016 CITYWIDE TREE MANAGEMENT AND PLANNING AGREEMENT BETWEEN CITY OF BUFFALO AND WENDEL Request for Proposals were publicly announced February 14, 2014 and I received the following formal sealed proposal for 2014 -2015 Citywide Tree Management and Planning which was publicly opened on February 27, 2014. The following proposal was received: Company Proposal Wendel $184,150.00 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that Wendel, with a bid of one hundred eighty -four thousand, one hundred fifty dollars (184,150.00), is the lowest responsible proposer in accordance with the scope of services. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Wendel to provide professional services necessary for related planning and management of City owned trees. Funds for this work are available in Account #30001016 and account(s) to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 24, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Wendel for 2014 -2015 Citywide Tree Management and Planning Agreement. The consultant was chosen through a Request for Proposals (RFP) process. Funds are available in Account #30001016 and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 666 PERMISSION TO HIRE CONSULTANT CITY POOLS INSPECTION, SCOPING & ESTIMATING JOB #1407 VARIOUS DISTRICTS Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for the inspection, scoping and estimating of all City owned pools to assist with the preparation of the pool openings for the Summer of 2014. The inspection services will determine if each pool is in compliance with the New York State Department of Health Law 225, Chapter I State Sanitary Code, Subpart 6 -1 ; the scoping services will determine the scope of work required to bring the pools into compliance; and the estimating service to determine the respective cost to bring the pools into compliance. The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in 30090706 - 445100 - Pools Code Review. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 26, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the inspection, scoping and estimating of all City -owned pools to assist with the preparation of the pool openings for the Summer of 2014. The inspection services will determine if each pool is in compliance with the New York State Department of Health Law 225, Chapter I State Sanitary Code, Subpart 6 -L The scoping services will determine the scope of work required to bring the pools into compliance. The estimating service will determine the respective cost to bring the pools into compliance. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #30090706 - 445100 - Pool Code Review. PASSED AYES — 9 NOES — 0 NO. 657 830 ELLICOTT STREET PROPOSED JRO CHILDREN'S HOSPITAL ENCROACHMENT IN CITY RIGHT -OF -WAY OF TIE -BACKS ELLICOTT DISTRICT Turner Construction, agent for Kaleida Health, which is the owner of the property located at 830 Ellicott Street, has requested permission to encroach City right -of -way with tie -backs that are necessary for the construction of the building as follows: Tie -backs related to an excavation protection system on High and Ellicott Streets for the purpose of supporting the City right -of -way during foundation and basement construction for the subject property. The wail of the excavation protection system will be constructed of a soldier pile and timber lagging wall that will be within the property and tie -backs that will start within the property and extrude into the right -of -way. The tie -backs would be in use for the duration of the foundation and basement construction and then would be abandoned in- place. The tie -back design is currently underway and the complete extent of the encroachment is not known. The final design would be subject to approval of the Commissioner of the Department of Public Works Parks and Streets. The Department of Public Works, Parks and Streets (DPW) has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and requests that Your Honorable Body authorize me as the Commissioner of DPW to permit the installation provided that the following conditions are met by the applicant: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the applicant obtains approval of the Planning Board. 3. That final construction documents are approved in writing by the DPW prior to construction commencing. 4. That the encroachments are installed, to the best extent possible, as shown on the final approved construction documents. 5. That any revisions to the final construction documents be submitted to the DPW for review and written approval. 6. That the applicant submit final as -built drawings to the DPW and the New York State Dig Safely Commission of all buried encroachments that are to permanently remain hi the right -of -way. 7. That the applicant agree in writing to be responsible for any and all maintenance and or problems, liabilities, costs and or damages associated with the encroachments into perpetuity and further that said obligations shall run with the land known as 830 Ellicott Street and that said obligations shall be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having title to the land known as 830 Ellicott Street. 8. That the applicant agree in writing to restore all disturbed surfaces, structures, facilities, utilities and or appurtenant materials of the right -of -way to match or improve the existing condition in accordance with City of Buffalo Department of Public Works, Parks and Streets standard specifications and or details. 9. That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of insurance and or a bond hi amounts deemed sufficient by the Corporation Counsel together with written agreements deemed appropriate by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of approved encroachments. 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 March 26, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to permit Turner Construction, agent for Kaleida Health, owner of the property located at 830 Ellicott Street, to encroach the City right -of -way with tie -backs that are necessary for the construction of the building upon the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary; 2. That the applicant obtains approval of the Planning Board; 3. That final construction documents are approved in writing by the Department of Public Works, Parks and Streets prior to construction commencing; 4. That the encroachments are installed, to the best extent possible, as shown on the final approved construction documents; 5. That any revisions to the final construction documents be submitted to the Department of Public Works, Parks and Streets for review and written approval; 6. That the applicant submit final as -built drawings to the Department of Public Works, Parks and Streets and the New York State Dig Safely Commission of all buried encroachments that are to permanently remain in the right -of -way; 7. That the applicant agree in writing to be responsible for any and all maintenance and /or problems, liabilities, costs and /or damages associated with the encroachments into perpetuity and further that said obligations shall run with the land known at 830 Ellicott Street and that said obligations shall be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having title to the land known at 830 Ellicott Street; 8. That the applicant agree in writing to restore all disturbed surfaces, structures, facilities, utilities and /or appurtenant materials of the right -of -way to match or improve the existing condition in accordance with the City of Buffalo Department of Public Works, Parks and Streets standard specifications and /or details; 9. That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of insurance and /or a bond in amounts deeded sufficient by the Corporation Counsel together with written agreements and deemed appropriate by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of approved encroachments. PASSED AYES — 9 NOES — 0 NO. 658 REPORT OF BID BUFFALO FIRE DEPARTMENT PHYSICAL AGILITY TEST ASSEMBLY AND FABRICATION JOB #1406 1 received the following emergency bids for the Buffalo Fire Department, Physical Agility Test(PAT) Assembly and Fabrication on March 21, 2014. The emergency bids were required to assemble and Fabricate the PAT by April 15, 2014, to ensure the BFD can schedule a class of firefighters in 2014 at the Erie County Training Bureau Bidder Base Alt No 1 Miller Enterprises $34,400.00 $6,700.00 12 Newfield, Buffalo, NY Hadala Construction $39,300.00 $7,500.00 325 Grote, Buffalo, NY Nichter Construction $42,500.00 $6,400.00 30 Wildwood, Lancaster, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises with a base bid of Thirty Four Thousand Four Hundred and 00/100 Dollars($34,400.00) and alternate bid of Six Thousand Seven Hundred and 00/100 Dollars($6,700.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 12554006 432004- Civil Service Engineering & Technical Services 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 March 24, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Buffalo Fire Department, Physical Agility Test (PAT) Assembly and Fabrication on March 21, 2014, with Miller Enterprises with a base bid of $34,400.00, and an alternate bid of $6,700.00: Funding for this project is available in Account# 12554006 432004 - Civil Service Engineering and Technical Services. PASSED AYES — 9 NOES — 0 NO. 659 APPOINTMENTS CAULKER SUPERVISOR I, (TEMP)((INTER)(ANDERSON) Appointments effective 03/17/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker Supervisor I, Temporary at the Intermediate Salary of $38,580.00 Adam Anderson, 267 Bedford Ave, Buffalo, NY 14216 Philip Kreuz, 78 Cazenovia St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 660 APPOINT FILTRATION PLANT OPERATOR(TEMP)(INTER)(DENECKE) Appointment effective 03/17/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Filtration Plant Operator, Temporary at the Intermediate Salary of $41,875 Joseph Denecke, 14 Densmore, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 661 APPOINT MOTOR EQUIPMENT MECHANIC(PERM)(MAX)(KOSZUTA) Appointment effective 03/17/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Motor Equipment Mechanic, Permanent at the Maximum Salary of $39,535.00 Thomas Koszuta, 19 Ladner Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 662 APPOINT MOTOR EQUIPMENT MECHANIC(PERM)(MAX)(feeney) Appointment effective 03/25/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Motor Equipment Mechanic, Permanent at the Maximum Salary of $39,535.00 Gregory Feeney, 402 Hinman Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 663 APPOINT CHIEF PUMPING PLANT OPERATOR(PROV)(MAX)(KUMRO) Appointments effective 03/17/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Chief Pumping Plant Operator, Provisional, at the Maximum Salary of $50,755.00 Kathleen Kumro, 14 Sibley St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 664 APPOINT PUMPING PLANT OPERATOR(PROV)(MAX)(Burgio) Appointments effective 03/17/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Pumping Plant Operator, Provisional at the Maximum Salary of $48,856 Victor Burgio, 49 Standish Rd, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 665 APPOINT PUMPING PLANT OPERATOR(PROV)(MAX)(Claudella) Appointments effective 03/19/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Pumping Plant Operator, Provisional at the Maximum Salary of $48,856 Cherie Claudella, Schutrum St, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 666 APPOINT SUPERVISOR OF RINKS & POOLS(PROV)(INTER)(LEONARD) Appointment effective 03/25/2014 in the Department of Public Works, Parks and Streets to the Position of Supervisor of Rinks & Pools, Provisional at the Intermediate Salary of $ 40,020.00 Brian M. Leonard, 34 Ward Ct, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE .667 APPOINT SUPERVISOR OF RINKS & POOLS(PROV)(INTER)(LEONARD) Appointment effective 03/25/2014 in the Department of Public Works, Parks and Streets to the Position of Sr 1 sc Class Stationary Engineer, Provisional at the Intermediate Salary of $ 41,760.00 Richard Veroba, 24 Lester St, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 668 PERMISSION TO ACCEPT 2013 DHSES TACTICAL SWAT TEAM GRANT] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter - fund cash loan for all non - personnel expenses (totaling $13,000) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the April 1, 2014 meeting. New York State Division of Homeland Security and Emergency Services: Targeted Grant: Tactical SWAT Team Grant We have been advised by the New York State Division of Homeland Security and Emergency Services, under their targeted Tactical SWAT Team Grant, in partnership with the Erie County Sheriffs Office and the NFTA Police, that Buffalo Police has been awarded $13,000 toward the purchase of a portable recon -robot with related accessories. The recon robot will allow our SWAT team to assess a high threat tactical crisis without exposing SWAT team members to hazardous situations as they make their plans for reconnaissance of the incident and their response. Buffalo's SWAT Team was part of a SWAT Capability Analysis conducted by the Department of Homeland Security through their National Counter -IED Capability Analysis Assessment Tool, requested by New York State and the lack of a recon -robot was identified as a gap in our immediate situational awareness for critical and high risk situations. In addition, Buffalo's SWAT Team will participate in training exercises with the Sheriffs and the NFTA as required under this grant awarded by the State and will be administered by Erie County. We are respectfully that the City be able to accept these funds and for the Mayor to enter into an agreement with County covering the period 1/07/3-4 through 08/31/2015. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and' the above communication from the Commissioner of the Buffalo Police Department, dated March 24, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Police to accept grant funding in the amount of $13,000.00 from the Division of Homeland Security and Emergency Services which will be utilized towards the purchase of a portable recon -robot with related accessories to allow the SWAT team to assess a high threat tactical crisis without exposing SWAT team members to hazardous situations as they make their plans for reconnaissance of the incident and their response; and That the Common Council hereby authorizes the Mayor to enter into said agreement, and hereby authorizes the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 669 USED CAR DEALER 1933 GENESEE (LOVEJOY) 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 1933 GENESEE 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 BASSEM MUSTAFA. The attached thereto for BASSEM MUSTAFA /dba/ AUTO EMPIRE. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 670 APPOINT BUILDING INSPECTOR(TEMP)(FIFTH STEP)(MAZZONE) Appointment effective 03/17/2014 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Building Inspector, Temporary at the Fifth Step of $41,630.00 Philip Mazzone, 254 Schiller St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 671 APPOINT SENIOR ACCOUNT CLERK TYPIST(PERM)(THIRD STEP)(PORTO) Appointment effective 03/17/2014 in the Department of Permit and Inspection Services, Division of Licenses to the Position of Senior Account Clerk Typist, Permanent at the Third Step of $34,207.00 Judith Porto, 79 N. Parker Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 672 LIST OF DELINQUENT TAX /USER FEES AND SEWER LINES IN REM 48 VOLUMEIANDII IN THE MATTER OF FORECLOSURE OF TAX; USER FEES AND SEWER RENT LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code; and 1180 of the Public Authorities Law of the State of New York, respectively, I, Michael A, Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees and Sewer Rent Liens, identifies those parcels which have been subject to delinquent Tax; User Fees and Sewer Rent Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1 st day of July, 2012, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Rent Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees and Sewer Rent Liens and the amounts due thereon, are identified in "Schedule A" of this List of Delinquent Tax; User Fees and Sewer Rent Liens, which is annexed hereto and made a part hereof. Pursuant to Section 1122(7) of the Real Property Tax Law, the filing of this list in the office of the County Clerk shall Constitute and have the same force and effect as the filing and recording in such office of an individual and separate Notice of Pendency against each parcel set forth in this list IN THE MATTER OF FORECLOSURE OF TAX; USER FEES AND SEWER RENT LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code; and 1180 of the Public Authorities Law of the State of New York, respectively, I, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees and Sewer Rent Liens, identifies those parcels which have been subject to delinquent Tax; User Fees and Sewer Rent Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1 st day of July, 2012, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Rent Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees and Sewer Rent Liens and the amounts due thereon, are identified in "Schedule A" of this List of Delinquent Tax; User Fees and Sewer Rent Liens, which is annexed hereto and made a part hereof. Pursuant to Section 1122(7) of the Real Property Tax Law, the filing of this list in the office of the County Clerk shall Constitute and have the same force and effect as the filing and recording in such office of an individual and separate Notice of Pendency against each parcel set forth in this list List available for review in The City Clerk's Office RECEIVED AND FILED FROM THE BOARD OF EDUCATION NO. 673 ENDORSES EFFORTS TO ESTABLISH THE BUFFALO YOUTH PROMISE ACT The Buffalo Public Schools fully endorses efforts to establish the Buffalo Youth Promise Act adapted from the Federal H.R. 1318 and S. 1307. We thank and commend the Honorable Rasheed N.C. Wyatt, University District Council Member, for his advocacy on behalf of our students. The District is committed to joining with our City, community partners, and officials at all levels of government to increase opportunities for our youth to receive the intervention and supports they need to thrive and succeed. REFERRED TOTHE COMMITTEE ON LEGISLATION." FROM THE CITY CLERK NO. 674 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for iiquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 2 Russell St Parkside Meadow restaurant Nancy L. Abramo 333 Franklin Blood and Sand Joshua Miles 44 Prime St ECHD Philip Weinberg 3781 Main St 3781 Main St John Szymanski, Jr 329 Erie St The Hatch Molly Koessler 426 Hertel Raza 3 Red Lounge Aileen Gonzalez 2179 Niagara Buffalo Supper Club Christopher Williams 1341 Kensington Stop Inn Wesley Fossitt RECEIVED AND FILED NO 675 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: x Police- Deborah Daniel, Linda McDonald, Marcia Vazquez., Evelyn Gray RECEIVED AND FILED. NO. 676 REPORTS OF ATTENDANCE I transmit herewith communications received by me. from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority RECEIVED AND FILED NO. 677 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 March 24, 2014 in the Department of Common Council, Division of City Clerk to the Position of InternVll, Non Competitive at the Flat Salary of $15.00 /hr Dominique Matthews, 150 Oxford, Buffalo, NY 14209 No. 678 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 March 17, 2014 in the Department of Assessment and Taxation to the Position of Assessor, Permanent at the first step of $30,507.00 Daniel Gonzalez, 33 Altruia Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective March 17, 2014 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent, at the First Step of $33,304.00 Todd Walter, 61 Norwood Avenue, Buffalo, NY 14222 Edward Fullagar, Jr., 272 Englewood Ave, Buffalo, NY 14214 Thomas Carter, 204 Mariemont Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective March 17, 2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr, 1 sc Class Stationary Engineer, Provisional appointment at the minimum salary of $37,285.00 Lonnie Angel, 314 Bissell Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective March 17, 2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Heavy Equipment Operator Water, Provisional appointment at the minimum salary of $39,154.00 Brian Bruyere, 391 Hewitt Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective March 25, 2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr, 1 sc Class Stationary Engineer, Provisional appointment at the minimum salary of $37,285.00 Charles Black, 194 Linden Ave, Apt 1, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 679 N. BOYD- CONCERNS OFFICE SPACE AT APOLLO MEDIA CENTER On behalf of the Independent Producers Alliance, we would like to accept and sincerely thank you for your generosity in providing us with a temporary office space and furniture inside of The Apollo Media Center for our use. The fulfillment of this request is truly representative of the accomplishments that can be made when we all work together for a corn men ca use. Now that the office arrangements are in place, we would like our office hours to be from Monday through Saturday to assist all of the producers who work during the week, as well as, on the weekends to accomplish their productions. Again, we would like to express our gratitude in the progress that has been made thus far, and we feel that the increase in Communication between the IPA and the Office of Telecommunications couldn't have started at a better time With that being said, we have incurred a few problems with the small studio as such: 1. Camera three (3) is hanging off of its hinges 2. The graphics generated was down for a week 3. The XLR microphone connections are extremely loose. The above listed problems may have been an oversight which is why we are respectfully requesting the documents we were suppose to receive from the Office of Telecommunications indicating the secured funds for the new equipment and a time table as to when the equipment will be installed in the small studio. This is all on the record of last month's legislative meeting. As we look to continue working with the Office of Telecommunications, we don't look at this negatively, but perhaps as an oversight which is why we respectfully ask to receive the information as soon as possible. Please be advised that we welcome and would like to end:outage a continued positive working relationship in the future with the Common Council and the Office of Telecommunications. Thank you in advance for your immediate attention and cooperation in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 680 G. BURSTEIN- RESPONSE ECDOH LEAD INSPECTION Council Members Smith and Fontana: I am writing in response to CCP Item # No 512 entitled " ECDOH Lead Inspection ", a resolution that was passed by the Buffalo Common Council on February 18 of this year. Your resolution formally requested a halt to lead inspections in the City of Buffalo, until various process changes could be implemented to ease the burden that lead abatement requirements can place on city residents. Hopefully I can address some of the concerns raised in your resolution, clarify the policies and practices of my department, and offer some suggestions to ensure that we can protect children from lead poisoning without overburdening homeowners, especially seniors. First and foremost I want to assure you that the gentrification of Buffalo's East Side is no way shape or form a goal of the Lead Poisoning Prevention program. Conversely, we aim to improve the quality of life for existing residents of all ages by ensuring a safe and healthy environment. Lead poisoning has been demonstrated to cause numerous developmental disabilities, and may even play a role in criminal activity, because lead poisoning has been linked to increases in impulsivity and aggression. Buffalo and Erie County are not alone in working to eliminate lead poisoning. In fact, Erie County's Lead Poisoning Prevention program derives its legal authority from United States Environmental Protection Agency regulations. The approach used is based on a plan approved and developed in conjunction with the New York State Department of Health and the Department of Housing and Urban Development. Neighborhoods targeted for inspections are selected based on the age of the housing stock and the incidence of lead poisoning in the neighborhoods. To date, inspections have been conducted in neighborhoods all over the city of Buffalo, including ziP codes 14201, 14207, 14208, 14209, 14211, 14212, 14213 and 14215. These areas have been designated by the New York State Department of Health as areas with a very high risk of lead poisoning, and are in fact some of the highest areas of lead poising risk in the United States. While lead poisoning is caused by the ingestion of dust most often contacted inside of homes, the dust most often originates outside the home: 1. It enters the home as airborne dust through open doors and windows, and 2. It is carried into the house on shoes and other belongings Since the United States Department of Environmental Protection banned the use of lead in gasoline nearly 20 years ago, the primary reservoir of lead in our neighborhoods is deteriorating lead paint on houses; regardless of whether the home is occupied by a child, the deteriorating paint will affect all children in the neighborhood. The Comstock neighborhood is a part of the Buffalo Promise Neighborhood, which is focused on educational achievement and which is home to 2 elementary schools and a new early childhood education center. Learning disabilities caused by lead poisoning are known to negatively impact a child's achievements in school and throughout his or her life, potentially undermining the positive outcomes of the Promise Neighborhood. The Erie County Department of Health strives to work with the community to help its children succeed. To that end, we have conducted a free class in Lead Safe Work Practices for residents of the Comstock neighborhood and have offered to conduct another free class. In addition, the Erie County Department of Health has offered a reduced rate of $75 to any landlord or contractor who will be doing renovations on rental properties in the neighborhood. Every person who takes the class is given the materials and supplies to safely remove deteriorated paint and prime paint the exterior of the house (a value of at least $200). In addition, the Erie County Department of Health makes great effort to provide guidance and resources through each of the renovation projects. Our staff advises property owners in establishing achievable project completion schedules and also visits the property to advise and provide additional materials during the renovation process. Ultimately, it is the children of the neighborhood who benefit from this effort. It is my intention to correct any shortcomings in the program, to communicate clearly and accurately and to continuously improve our practices so that we may serve the community to the best of our ability. To that end I have asked my staff to review and improve the notification packet that is sent to residents whose homes have been found to contain lead paint. Hopefully this will eliminate much of the confusion around the program, in particular regarding the response times required of property owners. I also noted that your resolution indicated the Erie County Department of Health has practiced inaccurate communication and utilized an inaccurate database. Please forward the specifics of this complaint to my office for further investigation. My staff currently utilizes official records of the office of the County Clerk, the City Clerk, and the Office of Real Property Tax Services. Please be assured that the Erie County Department of Health stands ready to advise owners of properties found to have deteriorating lead paint in the best ways to remove this hazard from the home and protect the workers, families, tenants and neighbors from exposure to this toxic metal. The Lead Poisoning Prevention Program has the potential to bring tremendous quality of life improvements to not just the 14215 zip code, but to all of Buffalo. I hope that we can work together to make this important project succeed. RECEIVED AND FILED NO. 681 T. CUPO -BFLO WATER BD- FRONTIER HOT -DIP GALVANIZING Dear Mr. Jaskula, I am in receipt of your request to Damond Rand; Customer service Manager for Veolia Water. I have reviewed the challenges faced by Mr. Lewis Pierce; President of Frontier Hot -Dip Galvanizing, Inc. We will work with Mr. Pierce to address his concerns and suggest options that will provide the most cost effective solution while protecting the health of all residents and property owners within our City. If a variance from routine procedure is applicable, we will expeditiously bring this to Commissioner Stepniak for approval. I am awaiting a return call from Mr. Pierce and look forward to meeting with him at the site. Thank you, Dear Mr. Golombek, Jr., My company, Frontier Hot -Dip Galvanizing, Inc, was founded in 1970 and currently has 35 employees. I am writing you in regard to a situation concerning our water line. Our water line is located along Elmwood Avenue and the Buffalo Water Department is requiring us to have a "hot box" with a meter within 50 feet of the street. However, this is not possible as we own no property within 50 feet of Elmwood Avenue. I am requesting a variance permitting us to put this "hot box" with a meter in a building on our property. This variance is of particular importance to our company due to a recent event. The property in front of ours was recently purchased by Rocco Termini as a developmental project, and as a result of this project, we were required to make significant changes to our operation. Our front yard is no longer usable and we have been forced to purchase additional land and equipment totaling over $120,000 in order to adapt to these changes. The changes created by this project have caused a considerable financial burden for my company and this variance would help to provide some much needed relief. I appreciate your attention to this matter. Please feel free to contact me with any questions or concerns. RECEIVED AND FILED NO. 682 R. FONTANA -KING CHARTER SCHOOL RELOCATION STATEMENT Dear Councilman Fontana, We are writing to you about our efforts to enhance the education of our students. As you know, the King Center Charter School board of trustees voted to authorize buying the city -owned former School 71 near Schiller Park as our new building. If you approve the sale, we can add an eighth grade this August and include all grades, K -8, under one roof. In addition, the new building has a gym, a beautiful auditorium and space to expand from the current K -7's 312 students to 432 students in grades K -8. We agreed to pursue acquisition of the building at 104 Lang Ave., just two miles away, for a city- appraised price of $330,000. The transaction will be aided by a $200,000 grant from SUNY's Charter School Institute, which can only be used to purchase a building. If we are unable to buy School 71, we lose the grant. When we told our families, here is how some of the students reacted: "Can we bring our teachers too ?" "Yeah, we need a basketball court for our teams!" "Will we finally have lockers ?" "Can we bring the lunch ladies ?" Don't you love how children think? If the Council sees fit to approve this purchase, King Charter will own a building that's five times larger than the current rented church building. We plan to invest $1 million for improvements and add a kitchen, a cafeteria, and, partnering with the Hasek's Heroes, a synthetic hockey rink. As you know, King Charter was the city's first charter school, founded in 2000. We've had a long and fruitful relationship with the legally separate King Urban Life Center. But we currently must pay $167,000 a year to KULC, just to rent the building. This only provides 10,000 square feet of space, with four open -air classrooms, no gym or auditorium and requires splitting school facilities between two buildings. In approving the purchase of School 71, the board determined: • KULC's $7 million plan to make a building at 30 Rich St. more conducive for the school would raise the rent to $500,000 a year, requiring faculty layoffs; -Such an addition would not be ready for school to open in August; It would require putting some children in trailers. We will not do that; Currently, we cannot "lock down" the church building in an emergency; Open -air classrooms are not conducive to teaching and learning the rigorous Common Core standards; "the school one way or the other. In addition, we are willing to share our expertise with the King Urban Life Center if its board wants to re- purpose the building with a pre - kindergarten. We are pleased to seek your agreement on buying 71, so you can put that building back to use as a community school, and give our growing school the facility our students need to continue their remarkable success. Families come to our school from all over the city, with a large number of them living near Schiller Park, and we're arranging a new bus schedule. This is the bottom line: Our board, which includes two parent representatives, determined that continuing to pay $167,000 a year in rent makes little sense when the opportunity for outright ownership is available. Also, our state regulators encouraged us to own our own building - because that's in the students' best interest - and owning 71 will permit us to have additional funds for our education mission. We respectfully urge you to please support our students by voting to approve this sale. If you have any questions, please email me at cwettlaufer @.hblaw.com or email Keith Frome kfrome _ kccs.org or call him at 891 -7912. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 683 J. GOLOMBEK - OLMSTED PARKS DONATION OF SOUND SYSTEM FOR MARCY CASINO Dear Steve, I am writing to request that the City of Buffalo accept the donation of a sound system at the Marcy Casino in Delaware Park. This system will replace one that was removed by a former tenant of the building. The approximate value of the system is $5,000. Councilmember Golombek will be presenting this to the Common council this week for consideration. Because of construction at the Casino, we would like to begin this project while the ceiling space is easily accessible. 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 March 31, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the donation of a sound system at the Marcy Casino in Delaware Park to replace the sound system that was removed by a former tenant of the building. PASSED AYES — 9 NOES - 0 NO, 684 S. KROLL -EC LEGISLATURE ADOPT RESOLUTION SUPPORTING SUBSTANCE ABUSE TREATMENT COUNSELING AND MENTAL HEALTH SERVICES TO WHOM IT MAY CONCERN: I Hereby Certify That at the 5th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the thirteenth day of March, 2014 A.D., a Resolution was adopted, of which the following is a true copy." A RESOLUTION TO BE SUBMITTED BY LEGISLATORS MILLER- WILLIAMS, BURKE & GRANT WHEREAS, the availability of specialized, skilled and sheltered settings that provide substance -abuse treatment beds, detoxification facilities, and mental health services are essential and proven public policy; and WHEREAS, three residential treatment programs that help women overcome addiction and mental health difficulties, Canaan House (Walden Ave., Cheektowaga), New Life Residential Center (Memorial Dr., Buffalo), and Paradise House (Mills St., Buffalo) have announced that they will be forced to close on April I, 2014 due to a significant reduction in funding from the Erie County Department of Social Services; and WHEREAS, such an announcement is troubling in that with Canaan House, New Life and Paradise House closing their doors, the community will he without a significant amount of inpatient beds at a time when any reduction in inpatient beds is too much to bear; and WHEREAS, New Life Residential Center announced that their closing is due to a slashing of the "shelter rate," currently $667.00, and being reduced to $169.00, representing a 74.66% decrease in funding by the Department of Social Services; and WHEREAS, in order to transition more women into treatment, ensure a higher quality of life for these women, and at the same time reduce the expenditure of public tax dollars being spent in myriad ways when fewer treatment beds are available, Erie County must make certain that these community resources remain open, viable and strong so that more women can begin recovery, turn their lives around, secure meaningful employment and become productive members of our community; and WHEREAS, in light of an ever - increasing toll of hospitalizations and deaths attributed to drug overdoses throughout Erie County, particularly deaths caused by opioid overdoses in the form of prescription pills, heroin and increasingly, fentanyl; that this serious matter of the loss of life- saving inpatient treatment beds warrants a full public discussion in this Honorable Body's Health & Human Services Committee. NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature declares that public policy taut ensures the continued viability of community -based inpatient substance -abuse treatment, counseling and mental health services are appropriate and essential, and must be strongly supported by Erie County government and the County's Social Services administration; and be it further RESOLVED, that the Commissioner Of Social Services provide a detailed reasoning to this Legislature for the reduction in funding, together with the methodology used to reach a policy of reduced funding, and a plan that provides for a continuity of care for affected women; and be it further RESOLVED, that the Commissioner of Social Services, and representatives from Canaan House, New Life Residential Center, and Paradise House be invited to attend - as soon as possible- a meeting of this Legislature's Health & Haman Services Committee to discuss the funding reductions and announced closings of those community services; and be it further TO WHOM IT MAY CONCERN: I hereby Certify That at the 5th Session of the Legislature of Erie County, hem in the Legislative Chambers, in the City of Buffalo, on the thirteenth day of March, 2014 A.D., a Resolution was adopted, of which the following is a true copy: RESOLVED, that the Clerk of the Legislature forward certified copies of this resolution to the County Executive, Mayor of the City of Buffalo, Supervisor of the Town of Cheektowaga, Commissioner of Social Services, and to the appropriate staff at Canaan House (1140 Walden Ave., Cheektowaga, NY 14211), New Life Residential Center (24 Memorial Dr., Buffalo, NY 14206), and Paradise House (144 Mills St., Buffalo, NY 14212). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 685 M. LOCURTO- FIRE DEPARTMENT TO CARRY HEROINE ANTIDOTE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on November 26, 2013. Thank you in advance for your assistance in this matter. City firefighters will begin carrying an antidote that can reverse the effects of a heroin overdose, Mayor Byron W, Brown said today. A date for firefighters to begin carrying Narcan hasn't been determined, but Brown said plans are underway to train firefighters and have them carry it. In Brown's State of the City address in February, he announced that city p olice officers ( htt/ /www.buffalonews.com /cityregion /buffalo /buffalopolice officers to carry heroin antidote 20140221) would carry the drug, which can be administered through a nasal spray. Since then, firefighters said they too would like to carry it (httD: / /www.buffalonews.eom /eitv - re, ion /buffalo /buffalo - poliee- firefighters clash - over- right -to- administer - anti - heroin -drug, and the Common Council has adopted a resolution supporting firefighters' use of the drug, which is effective in reversing overdoses from other types of opiates as well. On Tuesday, family members of people who died following addiction to painkillers pleaded with Council members to urge the Fire Department to begin carrying the antidote RECEIVED AND FILED NO. 686 K. MASSEY- PURCHASE AGREEMENT MARKET ARCADE BUILDING Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 687 D. RIVERA-COM M UNITY OPEN HOUSES RE IMPROVEMENT PROJECT PEACE BRIDGE Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 688 M. RODGERS -CTRC ENDORCES RES RE TERMINAL'S USE FOR FUTURE HIGH SPEED RAIL Carl Skompinski The Central Terminal Restoration Corp. (CTRC), as steward of the National Landmark known as the Buffalo Central Terminal wishes to acknowledge and endorse your recently adopted resolution on March 11, 2014 regarding the Terminal's use for future High Speed Rail. The CTRC attests all factors cited in Mr. Franczyk's resolution are true and would add the following: • The Terminal is an integral Tourism site in New York State due to its architectural design and transportation legacy. The CTRC is currently working with various future tenants and funders for a major adaptive reuse project of the Terminal which will, in turn, create educational opportunities, an active Arts center, workforce and economic development and neighborhood reinvestment in the Broadway Fillmore District of Buffalo, New York • The Terminal is centrally located within a two -mile radius of city- center • The Terminal also has secure parking facilities for up to 450 vehicles • The Terminal already has a Main Concourse for travelers to dine and shop adding to the tourism and economic values for entrepreneurship and small business development The Terminal will also house education classrooms and shared space accommodations for local, regional, state and national colleges and universities to locate essential classes for certification and degreed programs in adaptive reuse studies thereby creating a benchmark for historic rehabilitation and restoration With these additional citations, we are confident our city leaders can promote the time[y and essential reuse of the original and historic intent of the Buffalo Central Terminal as a center for transportation. RECEIVED AND FILED NO. 689 C. SCANLON-RECOM MEND UPHOLD PRESERVATION BOARD DETERMINATION 130 SOUTH PARK AVENUE APPEAL FROM DETERMINATION OF THE BUFFALO PRESERVATION BOARD The Appellant applied to the Buffalo Preservation Board to expand an existing building within the Cobblestone Historic District. The Appellant's project consists of construction of a new structure to the west of the existing historic structure, together with an addition on the roof of the existing historic structure. The Preservation Board granted a permit to build the addition, making modifications to exterior materials and other items in order to assure that the building would be in keeping with the overall historic character of the district. The Board required that the new building be constructed with its north wall six feet south of the north property line of the building. This requirement was imposed in order to maintain a partial public view of the adjoining building located to the immediate north of the subject property. Appellant appeals from one modification made to its proposal. Appellant proposed to build the new building up to the north property line of his property, abutting the south wall of the neighboring building, which faces Mississippi Street. The Mississippi Street property has windows that face on the South Park Avenue lot. Those windows would be covered by the new building under the Appellant's proposal. The owners of both buildings appeared at the Preservation Board and gave differing testimony as to whether the windows were lawfully placed in the building under proper building permits and Preservation Board permits. No documentary evidence was proffered on that issue. It was also argued that the owner of the Mississippi Street building holds a 6 foot wide easement along the north line of the South Park Avenue to provide for fire egress. The nature and extent of any easements is a private matter between the property owners that can be resolved only in a court of competent jurisdiction and was not a matter determined by the Preservation Board. The Preservation Board determined that the 6 foot set back from the north line of the property was required to maintain a public view of the south wall of the Mississippi Street building. It is noted that the same parties raised the same arguments before the Planning Board concerning the same project, and that the Planning Board approved plans allowing construction to the property line with no setbacks. It is also noted that zero setback construction is generally permitted in the zoning district subject to compliance with the New York State Fire Code. Planning review and Fire Code rules impose the least restrictive rules applicable to any property in the City, however. Preservation districts impose additional restrictions designed to protect the public view of the historic elements of designated districts. Additional restrictions on development are designed to protect the historic character of designated historic districts. On appeal, representatives of the corporate owners of 130 South Park Avenue and the Mississippi Street property appeared to be heard. The Chair of the Preservation Board was also heard. The South Park Avenue property owner argued that the Preservation Board exceeded its jurisdiction, claiming that the Mississippi Street property has no historic value because it was altered when windows were placed on the south wall. The Preservation Board Chair noted that historic character is not destroyed by alteration of a building to allow its reuse for contemporary purposes so long as such alterations are made in keeping with the historic character of the altered building and are consistent with the standards established by the United States Secretary of the Interior. Petitioner's argument that any change to a building within a historic district would destroy any historic character of a building or district would argue that the Preservation Board should have denied any new construction by the Appellant within the Historic District as any new construction would destroy the character of the Appellant's building. This is inconsistent with the purpose of historic districting. Given that the Preservation Board's determination was designed to continue to offer the public a continued view of some portion of the neighboring building's south elevation, a view that is already limited by the allowance of any building on the historically vacant lot that Appellant proposes to build upon, it is concluded that the Preservation Board ruled properly in requiring the six foot setback as a condition of construction. The Legislation Committee recommends that the Common Council uphold the determination of the Buffalo Preservation Board. ADOPTED NO. 690 D. SMITH -THE EXTENSION OF THE BMHA CONTRACT WITH THE BUFFALO POLICE DEPARTMENT. I would like to file the attached information for the next Common Council meeting to be held on 4 -1 -14. Thank You Buffalo Common Council Legislative Committee, The Buffalo Municipal Housing Authority recently adopted an extension to the Buffalo Police Contract. The contract includes an extension to the term and an increase in funding. I believe the Common Council has to approve any change to the original contract terms that involve the changes to the document. The Resolution was not passed unanimously by the Board of Commissioners. Please be advised that the resident's in Public Housing do not believe that this contract provides adequate protection for the resident's as written. In the Charter of the City of Buffalo the Mayor has the obligation to protect the citizens of the city. As we believe the Public Housing complexes are part of the City of Buffalo and should already have that protection afforded to them without a H.U.D. subsidy to the City of Buffalo for that same protection. As Resident Elected Commissioners we are asking the Common Council to reject this contract so the Buffalo Municipal Housing Authority can find a more reasonable use of Public Housing funds provided by H.U.D. to protect the resident's. Joseph Mascia REFERRED TO THE'COMMITTEE ON FINANCE NO. 691 D. SMITH -J. HUTCHINGS- BUFFALO OUTER HARBOR SITE AND GBSEC I would like to file that attached information for the next Common Council meeting to be held on Tuesday, April 1, 2014. Thank you. John M. Hutchings Dear Councilman: I am writing to acknowledge the recent letter from the Common Council addressed to the NFL as well as two unanimous resolutions passed by the Council in 2013 supporting the Outer Harbor Sports and Entertainment Complex proposed by our client, GBSEC, LLC. HKS is currently completing construction design documentation for the new Minnesota Multi- Purpose Stadium in Minneapolis that is jointly funded by the State of Minnesota and the Minnesota Vikings with support of local government. HKS successfully delivered the designs for both the AT &T Stadium for the Dallas Cowboys and Lucas Oil Stadium for the Indianapolis Colts. We are also working with the City of Oakland on the design for a new sports and entertainment complex under an exclusive negotiating agreement which includes a new stadium proposed for the Oakland Raiders. We very much look forward to working with the City of Buffalo in planning and developing a landmark economic development complex on the Outer Harbor. It is our hope that site control of the City's portion of the Outer Harbor can be secured expeditiously through granting of a land option to GBSEC for us to further proceed with due diligence and second phase financing commitments as soon as possible. We understand that the City has long held rights to ownership of the Outer Harbor that were recently affirmed in a (2004) Memorandum of Understanding. Please let me know if HKS can assist the City of Buffalo in any way to expedite a Land Option Agreement and bring forward progress on this proposal. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 692 D. SMITH - BUFFALO NEWS ARTICLE: TO ADDRESS 'ZOMBIE HOUSE.' BLIGHT, TWO STRATEGIES Dear Mr. Smith, I am requesting that the attached article be late filed for the next Common Council meeting, scheduled for April 1, 2014• Article available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 693 R. WYATT- SPREADSHEET OF UNIVERSITY FOOD STORES RENEWING ALL BUT 3164 BAILEY AND 313 WESTON Mr. Patrick Sole Jr. Director of Permit & Inspection Services 65 Niagara Square Room 324 Buffalo, New York 14202 Dear Mr. Sole: Please find attached a spreadsheet of University District Food Stores. I am renewing all licensees except for two K -1 Mini Food Market at 3154 Bailey Ave. and Langfield Grocery Market at 313 Weston Ave. which have been supported by the Bailey Business Association, Community Block Clubs and the E- District Police Chief Kim Beaty. I have made a special arrangement with K -1 Mini Food Market in order for him to relocate to continue operating until May 15 In addition, I have attached a list of conditions which has been supported by the each of the above organizations. If you have any questions please feel free to contact me. Thank you in advance for your cooperation! REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 694 R. WYATT -R. SCIBILIA REMARKS RE BUFFALO USE PROMISE ACT Dear Mr. Chwalinski; Please file these comments from the Executive Director of the Gloria Parks Center Ms. Roseanne Scibilia regarding the Buffalo Youth Promise Act for April 1 ST Common Council Meeting. " Public Forum on Buffalo Youth Promise Act March 27, 2014 Remarks by Roseann Scibilia Good Evening I'm Roseann Scibilia, Executive Director at UDCDA. I'm here tonight because we care deeply about our City's youth. At the Gloria J. Parks Center we provide high quality programs all year for about 175 children in grades I to 8. In addition we provide structured athletic programs year round for approximately 3.000 youth. The challenge that the Buffalo Youth Promise Act addresses may be the most important social and economic issue facing our City today. Regardless of how many amazing development projects spread across our City, if we continue to release tens of thousands of young adults into the workforce unready to work toward self- sufficiency, uninvited to participate in the civic life of this City, then we will decline as a community: Will our next generation be ready to lead rewarding and responsible lives that will grow our City? Or when the current adult generations passes the torch of leadership to our current children, will they inherit a City overcome with the burdens of large scale poverty? The fate of Buffalo will be determined by our present -day children. Are we preparing our children to lead? 1. The Need: In Buffalo Public School 78% of students receive free or reduced lunches. The four year graduation rate for this District is 53 %. Only a5% of African American males graduate (Buffalo Public Schools) In the 2012 -13 school year, the Buffalo Public Schools reported 10,048 short -term suspensions in a district of 33,743 students. With Say Yes Buffalo we have the financial doors open to college for all of our high school graduates, but if over 40% of our youth don't graduate, they are heading for trouble. 2. The Resources: We spend over $800M annually just in our public schools. Due to New York State funding cuts for many years extra- curricular programs have been cut dramatically. There is not adequate funding to provide After School programs for every one of the 30,000 students in our public schools. In a City with a 30% poverty rate, we must find resources to provide high quality after school programs that are free across the City. 3. Cost /Benefit: I concur with Councilman Wyatt's Resolution on the huge savings possible when we create proactive solutions for at risk youth. If it costs over $200,000 per year per youth in juvenile detention, we can imagine that we are spending millions of dollars on the kids that dropped out and entered the justice system. At our agency, we are spending approximately $400 per youth that we serve. There's no doubt if there was a comprehensive high quality program for our at risk youth, that we would save the tax payer millions of dollars on social services and prison - related costs. 4. Collaboration rather than Silos in competition: There are After School youth programs in every City community center, in many schools, and several independent nonprofits (YMCA, Boys and Girds Clubs, etc). We are funded through many different government and private funding sources. However, We operate independently as silos, with various services areas and no overall community plan. There must be overlap of services at times, and there are certainly gaps where some youth are receiving no after school services. If the City of Buffalo were to organize a Plan for Youth, we could more systematically address this challenge as partners with our peer program providers. If we accept that the schools cannot by themselves prepare all of our at risk youth, then we need much more coordination and community -wide planning for our youth's needs. 6. Our Youth as Leaders and Stakeholders: When we tag our youth as a problem, we ignore their inherent value and responsibility for charting their individual paths. Councilman Wyatt sees youth this way when he prepares community youth summits. Our youth are stakeholders in their own education, development, and career preparation. They don't know how all of our society's systems work and fit together. But they recognize their interests, and they understand the obstacles that impede their way. Any City plan for youth must engage youth in its creation. 6. Leadership from City government: It is fitting that Councilman Wyatt is calling on our City government to not only recognize the value of the New York State Youth Promise Act, but to engage the City's leaders in taking responsibility for resources and planning for our youth's needs. The Buffalo Youth Promise Act should be bold and visionary. This is deferred economic development. The investments now will mostly pay off years from now. It will take imagination and courage to make this commitment, because children don't lobby government like adults do. It should strategically account for what services, and linkages, and oversight are needed to create and sustain a network of cooperative youth services. The Buffalo Youth Promise Act should give our children the support they need to grow into Buffalo's next generation of leaders. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 696 R. WYATT -S. POOLE - COMMENTS FROM NYS CHILD & FAMILY SERVICES - BUFFALO YOUTH PROMISE ACT COMMON COUNRIL Please file these comments from the New York State Department Office of Child & Family Services Acting Commissioner Shelia J. Poole regarding the Buffalo Youth Promise Act for April 1 sc Common Council Meeting. Thanks, I am writing in response to your recent letter to Governor Andrew M. Cuomo regarding a front- end approach to dealing with youth to help prevent juvenile delinquency. Through his support of several programs administered by the New York State Office of Children and Family Services (OCFS), the Governor has made a strong commitment to seek ways to achieve better outcomes and prevention juvenile delinquency. The Office of Youth Development (OYD) within OCFS coordinates and promotes innovative strategies to help all New York State youth reach their full potential and become healthy, productive adults. OYD supports and funds programs and initiatives that enable youth to build on their strengths. The programs provide opportunities for youth to gain important life skills and core competencies, and allow youth to have meaningful roles in their communities. Youth development initiatives benefit young people in their homes and neighborhoods, in schools, as well as in foster care and residential treatment. Partnership is a key component of the work being done at OYD and staff work collaboratively with other state agencies, youth bureaus, local governments, contract agencies, schools, public and private organizations, the faith -based community, and with young people and their families. Last year, the program funding streams for the Youth Development and Delinquency Prevention (YDDP) and Special Delinquency Prevention Program (SDPP) were consolidated into one flexible, seamless Youth Development Program (YDP) that helped promote a comprehensive youth development agenda and create a flexible allocation for each county with no required specified local match, allowing counties to provide services designed to support youth development communities deemed "at risk" based on their own specific needs. In this year's Executive Budget proposal, the Governor continued an investment of $14.1 million for YDP. In the Buffalo region, YDP funds go toward programs at the Police Athletic League, Youth Counseling Services, Literacy Volunteers, Positive Productive Sisters Mentoring, as well as community centers and after - school programming. In addition the Advantage After School Program (AASP) provides quality youth development opportunities to school -age children and youth after school. AASPs offer a broad range of educational, recreational and culturally age- appropriate activities that help keep older adolescents away from risky behavior. In the Buffalo area, AASP provides funding after school programs managed by the Boys & Girls Clubs of the Northtowns of Western New York State Erie Regional Housing Development Corporation and the Boys & Girls Clubs of Buffalo. I will convey to the Governor your interest in working to help protect youths from the influences of street gangs and preventing juvenile delinquency. I hope this information has been helpful Thank you for your inquiry and continued commitment to the children and families of New York State. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 696 B. BEMATOVICZ, AGENT, USE 2062 MAIN, ERECT A GROUND SIGN AND PLAQUE SIGN AT NORTHERN GATE OF FOREST LAWN CEMETERY (HRG 04 /08)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS NO. 697 R. CARPENTER, OWNER, USE 478 ELMWOOD TO REESTABLISH USE OF A RESTAURANT IN THE ELMWOOD AVE BUSINESS DISTRICT /CONTINUED USE OF PATIO AND FENCE (HRG 04 /08)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO. 698 T. MATTINA, OWNER, USE 376 GRANT TO ERECT A WOOD DECK & RAILS FOR AN OUTDOOR CAFD, PERMITTED USES FOR INDOOR MUSIC (HRG 04 /08)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 699 APPOINT ASSESSOR(TEMP)(CARROLL)(ASMT) CCP# 64614-03/18 Mr. Wyatt moved: That Communication 576 of March 18, 2014, be received and Filed and that the Temporary Appointment of Bogusia Carroll, 195 Holly St, Buffalo, NY 14206at the 2 n step of $49,733.00 is hereby approved PASSED AYES -9 NOES -0 NO. 700 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP 14- 576,03/18 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 701 REQUEST EXAM FOR CELL BLOCK ATTENDANT CCP 14- 169,02/04 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 702 BUFFALO POLICE CELLBLOCK -KEY PROBLEMS CONCERNING POSITIONS AT CENTRAL BOOKING(CP) CCP 13- 19,12/23 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 703 FOLLOW UP TO 2012 AUDIT REPORT ON DEPT OF PARKING(COMPT) CCP# 543, 03/18 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 704 INCREASE IN ENCUMBRANCE - CARS ON MAIN STREET - 500 BLOCK (ELL)(DPW) (ITEM NO. 549, C.C.P., MAR. 18, 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 authorizes the Commissioner of Public Works, Parks and Streets to accept funds from the Niagara Frontier Transportation Authority (NFTA) and to increase the encumbrance of the current contract with Mark Cerrone, Inc. for the Cars on Main Street, 500 Block contract by the actual cost of construction ($1,139,841.00, which it the cost of the work based on contract items). This will allow for the replacement of the existing track bed and rail line along Main Street between Mohawk and Chippewa Streets. No additional costs will be bore by the City for this work. PASSED AYES — 9 NOES - 0 01 [61wD}~1 EXTEND DOWNTOWN STADIUM LEASING ARRANGEMENTS WITH THE BUFFALO BISONS (CORP. COUNSEL) (ITEM NO. 559, C.C.P., MAR. 18, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 706 J. PAUL -P. MERLO- RESPONSE CONCERNING WATERLINE -123 ROBERTS AVE COP# 593, 03/18 Mr. Fontana moved: The item came back with a recommendation to receive and file Mr. Fontana now moved that the above item be recommitted to the Committee on Finance, ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO 707 APPROVE LAND DISPOSITION AGREEMENT BETWEEN THE CITY OF BUFFALO AND LEGACY LASALLE LLC FOR THE DEVELOPMENT OF A CITY PARCEL (UNIV)(STRAT PLAN) (ITEM NO. 528, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the Land Disposition Agreement ( "LDA ") between the City of Buffalo and Legacy LaSalle LLC ( "Developer ") (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) with a sale price in the amount of Two Hundred Fifty -Six Thousand Nine Hundred Dollars ($256,900.00); and That the Common Council hereby authorizes the Mayor to execute the LDA (and all related closing documents including, but not limited to, the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's Office; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and /or develop, negotiate and process the necessary documents, agreements and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA as well as those documents which are necessary to create the contemplated Environmental Easement encumbering the City -owned Cordova Avenue extension driveway, the Reserved Easements within the sale property for the benefit of the City (and for the benefit of the pertinent associated utilities where appropriate, such as the Buffalo Water Board, etc.), the Developer Access Easements to encumber the City -owned Cordova Avenue extension driveway and the Developer Utility Easements (for easements and or access rights for Developer for utility related purposes on City property to facilitate responsible utility related concerns and objectives) all as are determined to be appropriate by the Corporation Counsel; and That the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES — 9 NOES - 0 NO. 708 DISPOSITION OF PROPERTY- 615 -623 MAIN STREET IN THE DOWNTOWN ENTERTAINMENT DISTRICT (STRAT PLAN) (ITEM NO. 530, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the disposition of 615 -623 Main Street, Buffalo, New York ( "Real Property ") by BURA to Sinatra & Company Real Estate LLC ( "Purchaser ") or an affiliated entity formed or to be formed to hold title to the Real Property for the sale price of $1.4 million and hereby authorizes the BURA Vice Chair to execute any and all necessary documents to effectuate the transfer of Real Property to the Purchaser, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and that the Common Council hereby authorizes pertinent BURA personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property. PASSED AYES — 9 NOES - 0 NO. 709 DISPOSITION OF PROPERTY - SYCAMORE VILLAGE PHASE III (STRAT PLAN) (ITEM NO. 531, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency (BURA) to enter into a Land Disposition Agreement (LDA) with Burke Homes, LLC (Purchaser) or an affiliated entity formed or to be formed to hold title to ten (10) vacant parcels (Real Property) located in the Sycamore Village Subdivision; and That the Common Council hereby approves the disposition of the Real Property by BURA to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property for the sale price of $20,000.00 per vacant lot and authorizes the BURA Vice Chair to executed a Land Disposition Agreement and any and all necessary documents to effectuate the transfer of Real Property to the Purchasers, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and That the Common Council hereby authorizes pertinent BURA personnel to take such steps and actions and to execute such documents as shall be necessary to implement and facilitate the sale of the Real Property. PASSED AYES — 9 NOES — 0 NO. 710 REPORT OF SALE - 500 BUSTI AVENUE (ELL)(STRAT PLAN) (ITEM NO. 532, C.C.P., MAR. 18, 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 Mr. Damaris Medina of 502 Busti Avenue, Buffalo, New York 14201, in the amount of Two Thousand Nine Hundred Dollars ($2,900.00) for the purchase of 500 Busti Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 711 REPORT OF SALE - 373 AND 381 CARLTON (ELL)(STRAT PLAN) (ITEM NO. 533, C.C.P., MAR. 18, 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 Mr. Muthana Fand Salem of 375 Carlton, Buffalo, New York in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the purchase of 373 and 381 Carlton Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 712 REPORT OF SALE - 574 FARGO (NIA)(STRAT PLAN) (ITEM NO. 534, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Jeffrey Betsch of 738 Niagara Street, Buffalo, New York 14213, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 574 Fargo, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 713 REPORT OF SALE - 321 HICKORY (ELL)(STTAT PLAN) (ITEM NO. 535, C.C.P., MAR. 18, 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 Mr. Paul Tandy Nicely, on behalf of Hickory Sanctuary, LLC, 443 Massachusetts Avenue, Buffalo, New York 14213, in the amount of Nine Thousand Two Hundred Dollars ($9,200.00) for the purchase of 321 Hickory, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 714 REPORT OF SALE - PORTION OF 837 PROSPECT (NIA)(STRAT PLAN) (ITEM NO. 536, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Ms. Nadia Pizarro of 833 Prospect Avenue, Buffalo, New York, in the amount of Four Thousand One Hundred Dollars ($4,100.00) for the purchase a portion of 837 Prospect (41'x 165', excluding a piece 43'x 55% be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 715 REPORT OF SALE - 891 AND 893 SMITH (FILI)(STRAT PIAN) (ITEM NO. 537, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Edward Lefevra of 903 Smith Street, Buffalo, New York, in the amount of Three Thousand Two Hundred Dollars ($3,200.00) for the purchase of 891 and 893 Smith, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 716 REPORT OF SALE - 240 TIMON (ELL)(STRAT PLAN) (ITEM NO. 538, C.C.P., MAR. 18, 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. Joan A. Coleman of 1072 Ellicott Street, Buffalo, New York 14209, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 240 Timon, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 717 REPORT OF SALE - 79 WALDEN (ELL)(STRAT PLAN) (ITEM NO. 540, C.C.P., MAR. 18, 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 Fatima and Saleem Yousef, on behalf of FAMACO, Inc., 924 Sycamore Street, New York 14212, in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the purchase of 79 Walden, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES -0 NO. 718 M. ERTHA- CITIES MOBILIZE TO HELP THOSE THREATENED BY GENTRIFICATION CCP# 579, 03/18 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 719 B. MAPPS- CONCERNS GENTRIFICATION FRUIT BELT CCP# 587, 03/18 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 720 D. PRIDGEN -J. GIUSIANA -BFLO PUBLIC SCH TRANSFERRED THE USE OF SCH # 11 POPLAR ACADEMY TO COB CCP# 594, 03/18 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 721 DISPOSITION OF PROPERTY - 615 -623 MAIN STREET (BURR) (ITEM NO. 635, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency ( "BURA ") to transfer 615 -623 Main Street ( "Real Property ") to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property for $1.4 million; and that the Common Council hereby authorizes the BURA Vice Chair to execute a quitclaim deed to convey title to 615 -623 Main Street to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and that the Common Council hereby authorizes BURA personnel to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of 615 -623 Main Street to Sinatra & Company Real Estate LLC or an affiliated entity formed or to be formed to hold title to the Real Property. PASSED AYES — 9 NOES - 0 NO. 722 DISPOSITION OF PROPERTY - SYCAMORE VILLAGE PHASE III (BURR) (ITEM NO. 637, C.C.P., MAR. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency ( "BURA ") to enter into a Land Disposition Agreement and transfer ten (10) vacant properties ( "Real Property ") to Burke Homes, LLC or an affiliated entity formed or to be formed to hold title to the Real Property for $20,000.00 per vacant lot; and that the Common Council hereby authorizes the BURA Vice Chair to execute a quitclaim deed t convey title to the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and that the Common Council hereby authorizes BURA personnel to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property to Burke Homes, LLC or an affiliated entity formed or to be formed. PASSED. AYES — 9 NOES - 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 723 SECOND HAND DEALER - 561 DELAWARE A/K /A 85 ALLEN (FILL)(DPIS) (ITEM NO. 565, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval, and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Mary Parker d /b /a Black Cat Vintage, located at 561 Delaware a /k/a 85 Allen is hereby approved. PASSED AYES — 9 NOES - 0• NO. 724 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 568, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moved that the Above item be received and filed. ADOPTED NO. 725 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 569, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moved that the above item be received and filed ADOPTED NO. 726 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 570, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; 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 April 11, 2014 is hereby approved. PASSED AYES — 9 NOES - 0 NO. 727 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 571, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; 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 April 25, 2014 is hereby approved. PASSED. AYES — 9 NOES - 0 NO. 728 A. GILL, OWNER, TO USE 1006 ELMWOOD A/K /A 1008 ELMWOOD TO REOPEN EXISTING RESTAURANT UNDER NEW OWNERSHIP IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (DEI)(DPIS) (ITEM NO. 601, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511- 56D(1) of the City of Buffalo Code, the Common Council hereby approves the application of A. Gill, Owner, to reopen an existing restaurant under new ownership at 1006 Elmwood a /k/a 1008 Elmwood in the Elmwood Avenue Special Zoning District PASSED AYES — 9 NOES — 0 NO. 729 G. OMAR, OWNER, USE 1953 SENECA STREET TO ADD USE OF FOOD STORE TO AN EXISTING ICE CREAM PARLOR IN THE SENECA STREET SPECIAL DISTRICT (SOUTH)(DPIS) (ITEM NO. 602, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moved that the above item be Received and filed ADOPTED NO. 730 F. ZAPPIA, AGENT, TO USE 1147 ABBOTT ROAD FOR A POLE SIGNED /FULL USE LED (SOUTH)(DPIS) (ITEM NO. 603, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Passed. Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 731 C. CHRISTOPHER, AGENT, TO USE 2042 NIAGARA TO CONVERT STORAGE/WAREHOUSE TO AN AUTO REPAIR SHOP IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW (NORTH)(DPIS) (ITEM NO. 620, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of C. Christopher, Agent, to convert a storage /warehouse to an auto repair shop at 2042 Niagara in the Niagara River Coastal Special Review. PASSED AYES — 9 NOES — 0 NO. 732. J. MILBRAND- APPEAL OF PRESERVATION BD. DECISION PERTAINING TO 130 SOUTH PARK (PUB HRG 2/11) CCP# 624, 03/18 Mr. Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 733 RESTAURANT DANCE CLASS LICENSE (RENEWAL) - 130 SOUTH PARK (FILL)(DPIS) (ITEM NO. 627, C.C.P., MAR. 18, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to renew a Restaurant Dance Class License to Daryl Carr d /b /a Cobblestone, located at 130 South Park. PASSED AYES — 9 NOES - 0 NO. 734 A. ABBAS, OWNER, TO USE 459 ELMWOOD A/K /A 467 ELMWOOD FOR A HOOKAH LOUNGE IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (NIA)(DPIS) (ITEM NO. 471, C.C.P., MAR. 4, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 735 C. MCCAFFREY, AGENT, USE 2611 DELAWARE AVENUE FOR A FULL -USE LED GROUND SIGN (DEL)(DPIS) (ITEM NO. 472, C.C.P., MAR. 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 Common Council hereby denies the application of C. McCaffrey, Agent, to erect a ground sign of a larger size at the location of an existing ground sign on a lot for a store located at 2611 Delaware Avenue. DENIED. RESOLUTIONS NO. 736 BY: MR. FONTANA INCREASED APPROPRIATION - TRANSFER IN FUNDS 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 Prior Year Judgment & Claims, be and the same are hereby increased in the sum of $2,500,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance, not otherwise appropriated for any other 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 - Restricted – Claims $2,500,000 To: 17221008 - 480205 Judgment & Claims - Prior Years $2,500.000 PASSED AYES – 9 NOES - 0 NO. 737 BY: MR. FONTANA TRANSFER OF FUNDS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106 - 445100 Capital Planning $227,750 To: 30001016 - 445100 Tree Management & Planning Pools Code Review $184,150 30090706 - 445100 Pools Code Review $ 43,600 PASSED AYES – 9 NOES – 0 NO. 738 BY COUNCIL MEMBER RICHARD A. FONTANA OBJECTIONS TO COMPENSATION OF OUT -GOING TIME WARNER CABLE EXECUTIVES Whereas, Time Warner Cable, Inc. (TWC), soon to be Comcast Corporation ( Comcast), is the leading provider for cable and internet access in WNY, the happenings of this company greatly affect residents in Buffalo; Whereas, Comcast's acquisition of TWC will result in the elimination of many executive level positions currently occupied at TWC; Whereas, the executives leaving TWC are scheduled to receive compensation packages totaling around $135 million; Whereas, TWC Chief Executive Rob Marcus will likely receive at least $79.9 million dollars while only having been on the job for three months; Whereas, many customers struggle to pay rising costs of service so the company can make such excessive compensation packages possible; and Whereas, TWC and Comcast will ask shareholders to make a non - binding advisory vote on the compensation packages, thereby leaving a Justice Department regulatory review the only control on these excessive payments: Now, Therefore Be It Resolved that The City of Buffalo Common Council- 1) Expresses its great disapproval of the compensation packages offered to TWC executives; 2) Hopes the Justice Department and FCC will view these compensations as excessive in their regulatory reviews to occur later this year; and 3) Requests Council Staff to forward copies of this resolution to the Justice Department and the FCC. ADOPTED NO. 739 BY COUNCIL MEMBER RICHARD A. FONTANA SUPPORTING WNY DELEGATION IN INCREASING FUNDS FOR REGIONAL SECURITY Whereas, terrorist threats to security are important concerns, at not only the national, but also the local level; Whereas, the Buffalo- Niagara region is an area of critical infrastructure and commerce, which, if attacked, would cripple our way of life and have significant implications on the region; Department of Homeland Security (DHS) directs money to the communities that are likely terrorist targets; Western New York had received federal funds for the purpose of increasing or maintaining security equipment and protocols from 2003 to 2011, but received nothing for the past three years; and Whereas, it is unclear how Western New York has become less of a terrorist target in the past three years by DHS standards but has become a prime target as identified in terrorist magazines: Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Encourages Representative Brian Higgins to continue to find answers from DHS regarding how the priority of funding to cities is determined; 2) Supports the WNY delegation to join Rep. Higgins in his effort to secure funding from DHS for the purposes of increasing and maintaining security from terrorist threats in the Buffalo- Niagara region; and 3) Requests that Council Staff forward a copy of this resolution to Rep. Brian Higgins' Buffalo office. ADOPTED NO. 740 BY: MR. GOLOMBEK WAIVE SPECIAL EVENT PERMIT FEES 2014 HASEWS HEROES WILLIE O'REE SKILLS WEEKEND Whereas Hasek's Heroes gives children from low to moderate income families the opportunity to learn basic skating and hockey skills; and Whereas On the weekend of March 28 -30, 2014, Hasek's Heroes will host the 2014 Willie O'Ree Skills weekend at the Bud Bakewell ice rink in Riverside Park; and Whereas Willie O'Ree was the first black to play in the National Hockey League, when he suited up for the Boston Bruins in 1958; and Whereas Sponsored by the Buffalo Sabres and the National Hockey League, the event will bring boys and girls youth hockey organizations from throughout North America to Buffalo as part of the NHL's Hockey is for Everyone initiative; and Whereas The weekend will also allow participants the opportunity to skate on the ice at the First Niagara Center and attend the Buffalo Sabres - Tampa Bay Lightning hockey game; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event and permit fees associated with the 2014 Hasek's Heroes Willie O'Ree Skills Weekend at the Bud Bakewell Ice Rink in Riverside Park on the weekend of March 28 -30, 2014; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. PASSED AYES — 9 NOES — 0 NO. 741 BY NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK, JR. A MANDATE THAT THE U.S. GENERAL SERVICES ADMINISTRATION TAKE IMMEDIATE CORRECTIVE ACTION TO COMPLY WITH FEDERAL LAW AND AGENCY POLICY ON ALL MATTERS RELATED TO THE PEACE BRIDGE Whereas Twenty -two expert federal officials from the White House Council on Environmental Quality, U.S. Environmental Protection Agency, US. Department of Housing and Urban Development, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, and the U.S. General Services Administration convened in August 2012 to form a federal inter - agency environmental justice task force to investigate the high childhood asthma rate in Buffalo's West Side community; and, Whereas On August 29, 2012, the U.S. General Services Administration's Associate Administrator for Civil Rights and Chief Environmental Justice Officer, Ms Madeline Caliendo, contacted all members of the 22- member federal inter - agency environmental justice task force and ordered that the task force be disbanded; and, Whereas Ms. Caliendo disbanded the task force for political convenience just as it was in the process of developing a public health outreach program that was to be deployed in the West Side, evaluating alternative ways to invest grant funding from the U.S. Department of Housing and Urban Development, and examining ways to improve U.S. Customs and 136rder Protection vehicle inspection operations at the Peace Bridge, among other items; and, Whereas The task force was not, in fact, orchestrating a secret attempt to ban commercial trucks from the Peace Bridge, but was exploring numerous ways that each of the six agencies could leverage their resources to improve the quality of life for the West Side's low- income and minority residents who suffer health complications due to poor air quality; and, Whereas The task force was unable to complete any of its objectives before it was disbanded by Ms. Caliendo; and, Whereas On June 15, 2012, the U.S. General Services Administration's Region 2 Regional Administrator, Ms. Denise Pease, announced that the U.S General Services Administration would complete a Categorical Exclusion Checklist Document pursuant to the agency's obligations under the National Environmental Policy Act of 1969, as amended (40 CFR 1500 - 1508), for the Peace Bridge Commercial Warehouse Expansion Project; and, Whereas On June 26, 2012, Ms. Pease was officially notified that the Peace Bridge Commercial Warehouse Expansion Project was part of a large -scab, sequential, and concurrent series of transportation- related projects at the Peace Bridge and therefore did not meet the qualifications for the U.S. General Services Administration to legally conduct a Categorical Exclusion Checklist Document pursuant to the agency's obligations under the National Environmental Policy Act; and, Whereas The U.S. General Services Administration should have conducted a higher level of environmental review pursuant to the agency's obligations under the National Environmental Policy Act in the form of an Environmental Impact Statement; and, Whereas The U.S. General Services Administration's obligations under the National Environmental Policy Act remain unfulfilled for the Peace Bridge Commercial Warehouse Expansion Project; and, Whereas Top officials from the U.S. General Services Administration refused an official request by the City of Buffalo Common Council to testify on the agency's disbanding of the federal inter - agency environmental justice task force and illicit Categorical Exclusion Checklist Document for the Peace Bridge Commercial Building Expansion Project before the Committee on Community Development at a special public hearing that took place on March 11, 2014; and, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo mandates that the U.S. General Services Administration reconvene the inter - agency environmental justice task force responsible for investigating the high asthma rate in Buffalo's West Side community and include participation from the community and a medical researcher of the community's choosing. Be it Further Resolved: That the Common Council of the City of Buffalo mandates that the U.S. General Services Administration rescind its illicit Categorical Exclusion Checklist Document for the Peace Bridge Commercial Warehouse Expansion Project and perform a thorough Environmental Impact Statement pursuant to the National Environmental Policy Act with extensive public participation and direct supervision from the U.S. Department of Justice and the White House Council on Environmental Quality. Be it Further Resolved: That the Common Council of the City of Buffalo requests that the U.S. General Services Administration issue a formal apology to the City of Buffalo for the agency's disregard for their health and welfare of West Side residents and the agency's contemptuous disregard for the authority of this Honorable Body. Be it Further Resolved: That the Common Council of the City of Buffalo requests that the U.S. General Services Administration transfer jurisdiction over all Peace Bridge matters from the agency's regional office in New York City to its headquarters office in Washington, DC, keeping Peace Bridge matters out of the hands of politically vulnerable GSA regional staff. Be it Finally Resolved: That a copy of this resolution be forwarded to GSA Public Buildings Service Deputy Commissioner Michael S. Gelber; GSA Office of Client Solutions Assistant Commissioner Bart Bush; GSA Inspector General Brian D. Miller; White House Council on Environmental Quality Chair Nancy H. Sutley; Acting Assistant U.S. Attorney General for Environmental and Natural Resources Robert G. Dreher; and Acting Assistant U.S. Attorney General for Civil Rights Jocelyn Samuels. ADOPTED NO. 742 BY MICHAEL J. LOCURTO APPOINT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall commence April 1 st, 2014 and expire September 30 2014. Abraham Munson -Ellis ADOPTED NO. 743 SPONSOR: MICHAEL J. LOCURTO WAIVE SPECIAL EVENT PERMIT FEE FOR THE WAR OF 1812 FLINT HILL ENCAMPMENT B CENTENNIAL IN DELAWARE PARK Whereas, in the spring of 1814, Delaware Park was the site of an important training camp for American soldiers to gain the experience that helped season these veterans to face some of the bloodiest battles of the war later that summer, including the battles of Chippawa, Lundy's Lane, and the Siege of Fort Erie; and Whereas, on April 12 2014 a local group of War of 1812 re- enactors known as the 22 United States Infantry, will hold a one day event in Delaware Park in honor of the bicentennial of the Flint Hill encampment training site there; and Whereas, the event will consist of a drill training at the Flint Hill monument site in Delaware Park, where the group will train and also engage interested members of the public in explaining the historical significance of the day in conjunction with local historians; and Whereas, the organization is a small not - for - profit holding the event to remember the service of American soldiers and will not be generating money at the event. Now, Therefore, Be it Resolved: That the City of the Buffalo Common Council hereby waives the special event fee for the War of 1812 Flint Hill Encampment Bicentennial in Delaware Park on April 12 2014; and Be it Finally Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Office of Special Events. PASSED AYES — 9 NOES - 0 NO. 744 SPONSOR: MICHAEL J. LOCURTO RE: WAIVING PERMIT FEES FOR CANISIUS COLLEGE RESERVE OFFICERS TRAINING CORPS (ROTC) RUCK MARCH WHEREAS: The Canisius College Golden Griffin Battalion is one of the top- ranked ROTC programs in the country; and, WHEREAS: The Canisius College Reserve Officers Training Corps (ROTC) develops leadership skills that last a lifetime. ROTC graduates are stationed all around the world and work in areas such as military intelligence, nursing and medical service, signal corps, infantry branches, field artillery, and many other others. WHEREAS: Cadet Kaitlyn Lafferty has organized a 12 -Mile Ruck March as a means to raise funds in support of the Canisius College Golden Griffin Battalion and the Iraq /Afghanistan Memorial Fund; and, NOW, THEREFORE, BE IT RESOLVED: That the Common Council waives any permit fees that will be needed for the Canisius College Reserve Officers Training Corps (ROTC) to have a successful event in Delaware Park for the benefit of the cadets and the aforementioned causes on March 29, 2014 beginning at 10:OOAM. Michael J. LoCurto Delaware District Councilmember PASSED AYES — 9 NOES — 0 NO. 745 SPONSOR: MICHAEL J. LOCURTO CO- SPONSOR: DAVID A. RIVERA • RE: WORKER OWNED COOPERATIVES IN THE CITY OF BUFFALO Whereas, Worker Owned Cooperatives, heretofore known as "WOC's" are worker owned, democratically controlled enterprises which increase opportunities for meaningful and dignified work, living wages, and job security; and Whereas, WOC's are horizontally structured business entities that distribute generated profits equitably among worker owners in the form of "patronage; "and Whereas, WOC's operate in accordance with the 7 Rochdale Principles of Cooperation which uphold practices that are socially, economically, and environmentally responsible; and Whereas, WOC's create economically viable and resilient communities by anchoring jobs, generating wealth, and cultivating skills for participation and leadership; and Whereas, WOC's enact a model of community controlled capital which is shaped by and responsive to the needs of its stakeholders; and Whereas, the City of Buffalo has a history of successful worker cooperative businesses, such as Greenfield Street Restaurant, Yeast West Bakery, and Talking Leaves Bookstore; and Whereas, WOC's have been successfully incorporated nationally and internationally as a tool for economic revitalization, wealth creation, and worker empowerment- particularly in low income communities; and Whereas, WOC's thrive and expand when supported by local government, economic development organizations, and anchor institutions through the form of financial and in -kind resources, mentorship, incubation, and percentage exclusive service contracts; and Whereas, NY Code Article 5 -A: Worker Cooperative Corporations was written and enacted in 1985 by University at Buffalo Professor Peter Pitegoff allowing worker cooperatives to gain their own incorporation entity, with the expectation that the support of worker cooperative expansion would "result in increased job satisfaction and increased productivity and will enable workers to receive the fullest economic benefits from their endeavors. It is also expected that the establishment of cooperatives under this article will result in the creation of new jobs in all economic sectors, will offer greater economic stability in the communities of this. state and will discourage the movement of capital and jobs out of this state," as outlined in Section 80. Now Therefore, Be it Resolved: The Common Council of the City of Buffalo hereby recognizes the viable potential worker cooperatives offer the revitalization of our city, region, and the United States, and pledges to support the development and expansion of worker cooperative enterprises with the resources and relationships at our disposal; and Be it Further Resolved: That a copy of this resolution be sent to the Office of Strategic Planning; Buffalo Urban Development Corporation; Buffalo Urban Renewal Agency; Erie County Industrial Development Agency; and the Western New York State Delegation, including Assembly members Scan Ryan, Crystal Peoples- Stokes and Senators Tim Kennedy and Mark Grisanti. ADOPTED NO. 746 BY COUNCIL PRESIDENT DARIUS G. PRIDGEN WAIVE PARK RENTAL AND EVENT FEES FOR THE CHAULKFEST BUFFALO EVENT The Chalkfest Buffalo sponsored by the 500 Block of Main Street Association will be held on Saturday, August 2, and Sunday, August 3, 2014 from 12 Noon to 6 PM, to benefit the Theatre of Youth, a not - for - profit agency; and The annual event will be held outdoors in the 500 Block of Main Street of Downtown Buffalo, between E. Mohawk and Washington Streets," and This is a free family oriented event bringing art and design to the 500 Block of Main Street using chalk as a medium. There is no admission or registration fee to partake in any of the many activities being offered, and Monies collected from the sale oft - shirts and water bottles will go to the Theatre of Youth, assisting in the education of children through the arts," and The event will be held rain or shine; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES — 9 NOES — 0 NO. 747 BY MR. PRIDGEN ORDINANCE AMENDMENT CHAPTER 78, ANIMALS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Chapter 78 of the Code of the City of Buffalo be amended to read as follows: Article VII § 78 -34. Definitions. For the purpose of this Article. A. "At Large" means not confined, outside an area of escape such as a pen, corral, yard, cage, house, vehicle, or other secure enclosure, unless otherwise under appropriate human control. B. "Colony" means a group of one or more community cats. C. "Community Cat" means any cat that is: (1) Homeless, stray, or at large, where the cat: a. has been socialized to people, or is less than five weeks old; b. could become feral as connection with humans is farther removed; and c. in the case of cats older than five weeks, has a good potential to quickly become domesticated once again; or (2) Feral, where the cat: a.is not socialized towards humans; b. is born in the wild or is the offspring of an owned cat; or c. is a formerly owned cat that has been abandoned; or (3) A cat that lives in the community but is not owned by a human, sometimes referred to as a "free- roaming" or "street" cat. D. "Domesticated Cat" means a cat: (1) that is social towards humans; (2) that currently lives within the residence or on the property of a person or persons accepted as the cat's owner; and (3) that is considered appropriate as a companion for humans. E. "Ear Tipping" means a straight -line cutting of the tip of the left ear of a cat while the cat is anesthetized. F. "Neuter" means to permanently sterilize male cats to render them incapable of impregnating female cats by means of either surgery performed to remove the reproductive organs or chemical sterilization by which the cats are injected with a drag approved by the United States Food and Drug Administration for that purpose." G. "Spa,(" means to permanently sterilize female cats to prevent estrus (heat )cycles and eliminate their ability to become pregnant by means of either surgery performed to remove the ovaries and uterus or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose. H. "Sterilize" means to spa* or neuter a cat. I. "Trap, Neuter, Vaccinate, and Return Program" or "TNVR" means a program in which community cats are humanely trapped, evaluated, vaccinated, sterilized, and ear tipped by a veterinarian and returned to the trap location with the intent of controlling or reducing feline population and reproduction. J. "Veterinarian" means a person licensed to practice veterinary medicine in the State of New York. § 78 -35. General Policy. A. TNVR of community cats shall be legal in the City of Buffalo and interested citizens are encouraged to participate in and support TNVR activities on a voluntary basis. B. All persons who attempt to trap community cats for TNVR in the City of Buffalo should be familiar with the guidelines supported by regional and national feral and community cat organizations, as well as the American Veterinary Medical Association (AVMA), regarding appropriate methods of TNVR. C. Socialized cats and all kittens subject to TNVR shall be eligible to be, but not mandated to be, re- socialized and put up for adoption. D. An ear tipped cat received by local shelters shall be returned to the location where trapped unless veterinary care is required. A trapped ear tipped cat shall be released on site unless veterinary care is required. E. Animal control officers shall use appropriate opportunities to inform stakeholders about TNVR. F. It shall not be a violation of this section to determine that the best course of action for a particular cat, or cat colony, is to be left alone. § 78 -36. Implementation. Animal control officers within the City of Buffalo shall implement and administer this Article in consultation with community cat welfare experts, including Alley Cat Allies, NYC Feral Cat Initiative, Best Friends Animal Society, American Association of Feline Practitioners, Neighborhood Cats, IndvFeral, and No Kill Advocacy Center. §2. Severability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such determination shall not affect the validity of the ordinance, other than the part declared to be invalid. §3 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 By Alan Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. RECEIVED AND FILED NO. 748 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND SPECIAL EVENT FEES FOR THE KINFOLKS SOUL FOOD FESTIVAL AT LASALLE PARK Whereas Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are Charged with respect to licenses and permits and activities required or regulated Under the provisions of various chapters of the; and Whereas The Kinfolks Soul Food Festival, a National Festival that travels from city to city as an all social event of food, entertainment and information; and Whereas The Kinfolks Soul Food Festival is presented by the Kinfolks Corporation Inc. a organization whose objective is to create platforms from which the general public can come and retrieve life changing knowledge as it relates to Health & Wellness, Technology, Family Intervention, Financial Literacy, Professional Career Building and Workforce Development; and Whereas: The Kinfolks Soul Food Festival will be held June 28, 2014 at LaSalle Park. This will be their inaugural visit to our city and hopefully many more; and Now, Therefore Be It Resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive Park Rental and Special Event Fees for the Kinfolks Soul Festival; Be It Further Resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events PASSED AYES — 9 NOES - 0 NO. 749 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. Lacole Brumfield Cedric Holloway Chrystal T. Jones Barbara A. Lark Douglas S, Morgano Total: 5 ADOPTED NO. 750 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. Committee on Civil Service Tuesday, April 8, 2014 at 9:45 AM Committee on Finance Tuesday, April 8, 2014 at 10:00 AM Following Civil Service Committee on Community Development Tuesday, April 8, 2014 at 1:00 PM Committee on Legislation Tuesday April 8, 2014 at 2:00 PM 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. 751 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:15 PM MARY H. BALDWIN DEPUTY CITY CLERK