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Home My WebLink About14-0429NO. 9 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 29, 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 29, 2014 FINAL MAYOR MAYOR - EXECUTIVE 869- 1. Strat Plan -Mass Ave Community Homes Housing Dev -PILOT Project APP 870- 2. Strat Plan- Report of Sale 49 Alma(Mas) CD 871- 3. Strat Plan- Report of Sale -1153 Jefferson(Ell) CD 872- 4. Strat Plan- Report of Sale -29 Walden(Fill) CD COMPTROLLER 873- 5. Additional Info on Federal Financial Assistance R &F 874- 6. Certificate of Award 2014 Bonds APP 875- 7. Certificate of Determination $7,367,399 Bond Anticipation Note -2014 APP 876 8. Report on CDBG Funds as of 03/31/2014 FIN,HSG,OSP 877- 9. Appoint Secretary to Comptroller(Exempt)(Syph) CS COUNCIL PRESIDENT 878- 10. Common Council Meeting and Budget Hearing Schedule COW 879- 11. Common Council Schedule of Budget Workshops COW PUBLIC WORKS 880- 12. Bflo OPC Seeks COB Execution of Agmts With Regard to $250,000 Grant From NYS Office of Parks for Rose Garden & Marcy Casino Rest(Del) APP 881- 13. Notification of Auth Bflo OPC to Implement Invasive Species Mngt PILOT Plan- Buckthorn in Delaware Park & Emerald Ash Borer Treatment APP 882- 14. Change in Contract - American Legion Post 136 Caz- Partial Re- Roofing(South) APP 883- 14A Perm to Engage Services - Public Facilities Imp -332 East Utica(Ell) APP 884- 15. Perm to Enter Agmt- Accept Donation for Larkin Ctr Imp ROW(Fill) APP 885- 16. Perm to Hire Eng Consultant, Receive Bids & Enter Agmt- Design Const Admin & Insp of Niagara St Gateway Project(EII, Fill, Nia) APP 886- 17. Report of Bids -A District New & Partial Reconstruction (South) APP 887- 18. Report of Bids -Tree Trimming for Bus Routes - Citywide APP 888- 19. Report of Bids -Tree Trimming for Business Districts - Citywide APP 889- 20. Report of Bids - Niagara St Gateway Project(EII, Fill, Nia) APP 890- 21. Report of Bids -Rehab of Scatchard PI & Peabody St(Fill) APP 891- 21A Report of Bids - Asarese Matter CC- Rehab(North) APP 892- 21 B Report of Bids - HUB- Rehab(EII) APP 893- 21 C Report of Bids -Meals on Wheels Center - Facilities Imp Project APP 894- 21 D Report of Bids -Caz Park Senior Citizen Center - Public Facilities Imp APP 895- 21 E Report of Bids - Masten Par, Schiller & Sperry Park Public Facilities Imp(Var) APP 896- 21 F Request Perm to Accept Donation of Funds From Meals on Wheels Center for Generators APP 897- 22. Appoint Dog Control Officer(Temp)(Inter)(Falt) CS 898- 23. Appoint Equipment 0perator(Prov)(Inter)(Edwards) CS 899- 24. Appoint Recreation Instructor(Temp)(Max)(Doll) CS 900- 25. Appoint Truck Driver(Temp)(Inter)(Rose) CS PERMITS AND INSPECTIONS 901- 26. Lodging House License -125 Main St(Fill) CD 902- 27. Second Hand Dealer -937 Broadway(Fill) CD 903- 28. Second Hand Dealer -207 Niagara(Fill) APP 904- 29. Used Car Dealer -3260 Bailey(Univ) CD ADMINISTRTION AND FINANCE 905- 29A Sale /Scrap Obsolete Equipment & Vehicles FIN PARKING 906- 30. Appoint Pkg Meter Mechanic(Prov)(15 Step) (Wash ington) CS COMMUNITY SERVICES 907- 31. Request to Approve 5 Month Contract Extension -CDBG, HOPWA and ESG Subrecipients & Enter New Contract to provide City Funds for Expenses in Excess APP CITY CLERK 908- 32. Liquor License Applications(Refer 1210 Broadway to Licenses) R &F 909- 33. Leaves of Absence R &F 910- 34. Notices of Appointment - Seasonal R &F 911- 35. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 912- 36. Bflo Wtr Bd- Monthly Water Bd Report March 2014 R &F 913- 37. LP Ciminelli -Board Packet Documents April 2014 ED 914- 37A M. Damico- Concerns How Adult Leagues are Formed in COB CD 915- 38. R. Fontana -C. Meadows - Planting Fruit Trees in City Parks & Toxic Waste in COB CD 916- 38A J. Golombek - Articles Concerning Lyft Ride Share Service CD 917- 39. C. Tarr - Concerns Regional Collegiate Town & Garden Procedures & Creation of a Community Civil Court in Buffalo CD 918- 40. C. Tarr - Concerns -Long Term Control Plan -BSA CD 919- 41. C. Wettlaufer- Concerns King Center Charter School # 71 R &F PETITIONS 920- 42. R. Brenner, Agent, Use 1032 Niagara to Erect an Addition to the Height of an Existing Monopole Cellular Tower in the Niagara River Coastal Review District(hrg 05 /06)(Nia) LEG,CPBD 921- 43. D. Hall, Agent, Use 866 Prospect to Erect a Surface Parking Lot Accessory to Office Being Expanded on an Adjacent Parcel(hrg 05 /06)(Nia) LEG,CPBD 922- 44. P. Rowell, Agent, Use 392 Kenmore to Erect a Ground Sign, Wall Sign and Directional Sign for a New Pharmacy(hrg 05 /06)(Univ) LEG,CPBD,ZONING 923- 45. G. Scholand, Agent, Rezone 3 Gates Circle for Mixed Use Residential, Commercial and Retail Neighborhood(hrg 7 /22)(EII, Del) LEG, CPBD, ZONING 924- 45A. V. Merli, Owner, Use 12 Military for a Sidewalk Patio & a Patio on Private Property(no hrg)(North) LEG,CPBD RESOLUTIONS 960- 45B Fontana, etc HR Request to Pass Bill S 6461 -Amend Finance Law In Relation to Sale of Bonds & Notes in COB ADOPT 961- 45C Fontana, etc HR Request to Pass Bill A 8613 -Amend Finance Law In Relation to Sale of Bonds and Notes in COB ADOPT 962- 46. FranczykAppoint Marriage Officer(Lenihan) ADOPT 963- 46A Franczyk Dedicate Sale Funds to King Urban Life Center Board For Redevelopment & Loss of Revenue ADOPT REFER 2 ND RES TO CD 964- 47. Golombek Purchase of 1859, 1869 & 1873 Niagara St For Future Public Use CD,RE,PARKS 965- 48. Pridgen Appoint Chair Bflo Youth PROMISE Committee R &F 966- 49. Pridgen Permission to Hang Banners for May as Mental Health Awareness Month CD 967- 49A Pridgen Req NYS Leg to Enact Bill S.5623- Vehicle & Traffic Law ADOPT 968- 49B Pridgen Req NYS Leg to Enact Bill A.7602- Vehicle & Traffic Law ADOPT 969- 50. Scanlon Waive Park Rental and Event Fees -SB Football Carnival APP 970- 51. Scanlon Waive Rental Fees for the (TWST) Practice -Caz Pool APP 971- 52. Wyatt Strengthening Problem Property Enforcement LEG,HSG 972- 53. Wyatt Comm of Deeds - Public Duties ADOPT 973- 54. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS C. 1. Accadia Site Contracting $ 498,789.00 APP Personal Iniury. 925- A. 1. Carnahan, Clarence $ 1,500.00 APP A. 2. Morales, Janette $ 1,000,000.00 APP A. 3. Randolph, Clifton $ 2,500.00 APP A. 4. Sharp, William $ 7,500.00 APP A. 5. Stevens, Shanteesha $ 750.00 APP .Property Damage D 5 Christopher Family Chiropractic $ 316.20 926- B.1.Drozd, Alexandra $ 500.00 APP B. 2. Duffle, Florine $ 1,360.00 APP B. 3. Muthana, Saleh $ 200.00 APP B. 4. Myers, Jonathan $ 624.36 APP B. 5. Owens, Terrence $ 350.00 APP B. 6. Palmer, Janet $ 2,222.31 APP B. 7. Saracen, Janiee $ 181.59 APP B. 8. Thomas, Beverly $ 126.10 APP B. 9. Walker, Wendy $ 115.00 APP B. 10. Williams, Crystal $ 2,532.97 APP Contract 927- C. 1. Accadia Site Contracting $ 498,789.00 APP Prior Fiscal Year Invoices 928- D 1 Atlas Health Care Linen $ 620.09 APP D 2 Ball Toilet & Septic Services $ 1,298.10 APP D 3 Buffalo News $ 1,098.60 APP D 4 CATCO $ 18,420.00 APP D 5 Christopher Family Chiropractic $ 316.20 APP D 6 DePaolo- Crosby, Inc $ 124.00 APP D 7 D.F. Bailey Inc $ 192.00 APP D 8 Fire Academy FSA $ 372.29 APP D 9 Goldberg Segalla LLP- Police I.O.D.' $ 58,855.00 APP D10 Goldberg Segalla, LLP - Police Interest Arb' $ 52,313.59 APP D 11 Goldberg Segalla, LLP -H.R. Matters' $ 47,733.00 APP D 12 Goldberg Segalla, LLP - Police Misc' $ 17,209.00 APP D 13 HealthPort $ 71.78 APP D 14 Hodgson Russ $ 6,350.65 APP D 15 Mattar, D'Agostino & Gottlieb, LLP(Mediation)$ 2,595.37 APP D 16 Metschl and Associates $ 131.48 APP D 17 MXI Environment Services LLC $ 17,639.50 APP D 18 Niagara Frontier Services $ 6,000.00 APP D 19 Rivette & Rivette $ 1,200.00 APP D 20 Sue Ann Simonin $ 1,603.35 APP D 21 Union Occupational Health Center $ 240.00 APP Final payments for now - closed matters resulting from retention of firm in 2011. Miscellaneous. 929- E 1 Austin, Preson $ 90.00 APP E 2 Kohler Awning $ 454.40 APP E 3 US Bank National Association $ 20,000.00 APP E 4 US Environmental Protection Agency $ 21,094.00 APP CIVIL SERVICE 930- 1. 14 -781 Com Apr 15 Appoint Police Lieutenant(Perm)(Schulz, Szykowiak II, Piatzak, O'Donnel, Long, Blesy, Connolly, Lewis)(Pol) APP 931- 2. 14 -782 Com Apr 15 Appoint Police Lieutenant(Cont Perm) (Manley)(Pol) APP 932- 3. 14 -785 Com Apr 15 Appoint Assistant Corporation Counsel(Temp)(McDuffie)(CC) R &F 933- 4.14 -802 Com Apr 15 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 934- 5.14 -758 Com Apr 15 Audit Report on Fuel Consumption and Response From Purchase(Compt) BUDGET 935- 6.14 -792 Com Apr 15 Contract Approval for Law Enforcement Psych Assoc - Firefighter Psych Exam(HR) APP 936- 7.14 -832 No Apr 15 J. Paul -P. Merlo- Response Concerning Waterline 123 Roberts Ave ( 14 -593, 03/18)(# 706, 04/15) R &F COMMUNITY DEVELOPMENT 937- 8.14 -754 Com Apr 15 Report of Sale -277 Cherry(EII)(Strat Plan) APP 938- 9.14 -756 Com Apr 15 Report of Sale -1486 Jefferson(Mas)(Strat Plan) RECOMMIT 939- 10. 14 -757 Com Apr 15 Report of Sale -104 Lang -aka 156 Newburg(Lov)(Strat Plan) APP 940- 11. 14 -796 Com Apr 15 Restricted Use Permit -75 W. Chippewa- 05 /09 /2014(EII)(CtyClk) APP 941- 12.14 -797 Com Apr 15 Restricted Use Permit -75 W. Chippewa - 05 /23 /2014(EII)(CtyClk) APP LEGISLATION 942- 13.14 -786 Com Apr 15 Food Store(New) -74 Elmwood aka 76 Elmwood (Fill)(EDPI) APP W /COND 943- 14.14 -787 Com Apr 15 Mobile Food Truck -House of Munch(Albarella)(EDPI) RECOMMIT 944- 15. 14 -811 No Apr 15 D. Putnam, Owner, Use 936 Elmwood for an Outdoor Cafe(hrg 4/22)(Del) APP /COND 945- 16. 14 -812 No Apr 15 A. Mansour, Owner, Use 2050 Niagara to Alter Existing Store To Include a Take Out Restaurant(hrg 4 /22)(North) APP /COND 946- 17. 14 -813 No Apr 15 J. Desrosiers, Owner, Use 820 aka 822 Elmwood for a Take Out Service (Hrg 4/22)(Del) APP 947- 18. 14 -814 No Apr 15 L. Altieri, Owner, Use 494 Franklin for a Sit In Restaurant in the Allen St District(hrg 4/22)(Fill) APP 948- 19. 14 -815 No Apr 15 T. Bath, Owner, Use 1116 Elmwood for a Restaurant in the Elmwood Business District(hrg 4/22)(Del) APP 949- 20. 14 -837 No Apr 15 Used Car Dealer -1933 Genesee(Lov)(EDPI)(14- 669,4/1) APP 950- 21. 14 -842 No Apr 15 F. Zappia, Agent, Use 1147 Abbott Rd for a Pole Sign /Full Use LED (South)(hrg 3/25)( #14 - 603,3/18)( #14 - 730,4/1) DENY 951- 22. 14 -696 No Apr 1 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) APP 952- 23. 14 -600 No Mar 18 R. Wyatt -Re: Gang Influence Over Our Youth R &F 953- 24. 14 -518 Res Mar 4 Establishment of Buffalo Youth Promise Act(except res)(Wyatt) R &F 954- 25. 13 -52 No Dec 23 S. Shafie, Agent, Use 1094 Broadway aka 1100 Broadway to Replace Existing On Pole Sign and Add LED Sign(Fill)(no hrg) APP 955- 26.13 -71 No June 11 D. Pridgen - Signage in the COB ROW R &F 956- 27. 13 -85 No June 11 J. Carrier - Petition to Support Outside Live Music -600 E. North St(Fill) R &F 957- 28. 12 -29 No Nov 27 D. Franczyk- Concerns Deli License 1069 Broadway(Fill) R &F 958- 29. 10 -96 Res July 20 Impound Vehicles for Drug, DWI, Weapons and Noise Violations(exc res) R &F 959- 30. 10 -50 No June 22 D. Franczyk -S. Knight FEMA- Response for Light Detection and Ranging R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY APRIL 29, 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 April 15, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM: DEPARTMENT:OFFICE OF STRATEGIC PLANNINQ NO. 869 MASS AVE COMMUNITY HOMES HOUSING DEVELOPMENT FUND COMPANY, MASS AVE COMMUNITY HOMES, LLC, PILOT PROJECT Your Honorable Body is hereby requested to approve the attached PILOT Agreement between the City of Buffalo, Mass Ave Community Homes Housing Development Fund Company, Inc. And Mass Ave Community Homes, LLC. The Mass Ave Community Homes project consists of a combination of substantial rehabilitation and new construction of forty - six (46) one, two, three and four bedroom units and 800 square feet of leasable commercial space on twenty -six parcels of land in the designated Green Development Zone. The sites are in Census tracts Census Tracts 61, 66.01, and 69 within zip code 14213. The addresses of the sites are as follows: 12 -16 Sherwood St. 373 -377 14 St. 18 -20 Sherwood St. 37 19 St. 269 -271 Hampshire St. 527 W. Utica St 264 -266 Massachusetts Ave. 248 Vermont St. 257 Massachusetts Ave. 135 Chenango St. 393 Massachusetts Ave. 359 -363 Normal Ave 405 Massachusetts Ave. 367 -371 Norma! Ave. 494 Massachusetts Ave. 384 -386 Normal Ave. Mass Ave Community Homes will consist of 46 units, 13 one - bedroom units, 12 two - bedroom units, 20 three - bedroom unit and 1 four - bedroom unit; of which 19 are affordable for households with incomes below 50% of area median income; 20 are affordable for households with incomes between 51 % and 60% of area median income; and 7 are affordable for households with incomes between 51 % and 60% of area median income. In addition, five units will be fully adapted and accessible and move -in ready for person(s) with mobility impairments, and three units will be fully accessible and adapted for person(s) with hearing and /or vision impairments. The total development cost is projected to be $ 13,011,450.00 The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of Five percent (5 %) of the total income of proposed budget. Payments will increase by three percent (3 %) per year for the duration of the 15 year Pilot. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 16, 2014, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the Mass. Ave. Community Homes Housing Development Fund Company, Inc., and Mass. Ave. Community Homes, Inc.. The project consists of a combination of substantial rehabilitation and new construction of forty -six (46) one, two, three, and four bedroom units and 800 square feet of leasable commercial space on twenty -six (26)parcels of land in the designated Green Development Zone. The sites are in Census Tracts 61, 66.01, and 69 within zip code 14213. The addresses of the sites are as follows: 12 -16 Sherwood St. 373 -377 14 St. 18 -20 Sherwood St. 37 19 St. 269 -271 Hampshire St. 527 W. Utica St 264 -266 Massachusetts Ave. 248 Vermont St. 257 Massachusetts Ave. 135 Chenango St. 393 Massachusetts Ave. 359 -363 Normal Ave 405 Massachusetts Ave. 367 -371 Norma! Ave. 494 Massachusetts Ave. 384 -386 Normal Ave. Mass. Ave. Community Homes will consist of 46 units, 13 one - bedroom units, 12 two - bedroom units, 20 three - bedroom, units and 1 four - bedroom units; of which 19 are affordable for households with incomes below 50% of area median income; 20 are affordable for households with incomes between 51 % and 60% of area median income; and 7 are affordable for households with incomes between 51 % and 60% of area median income. In addition, five units will be fully adapted and accessible and move -in ready for person(s) with mobility impairments, and three units will be fully accessible and adapted for person(s) with hearing and /ur vision impairments. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of five percent (5 %) of the total income of the total income of proposed budget. Payments will increase by three percent (3 %) per year for the duration for the 15 year PILOT. PASSED AYES — 9 NOES — 0 NO. 870 REPORT OF SALE 49 ALMA, SOUTH SIDE 461.98' EAST OF OLYMPIC LOT SIZE: 30 X 120 LAND: $ 3,600 IMPROVEMENT: $31,800 TOTAL ASSESSED VALUATION: $35,400 MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Saad All Ahmad, 197 Green Valley Road, East Meadow, New York 11554 to purchase 49 Alma. Mr. Ahmad intends to renovate this property and use it for his personal residence. The subject property is two family dwelling, three bedrooms and one bathroom in one unit and one bedroom and one bathroom in the other unit. The property consists of approximately 1,410 sq. ft. The property was acquired by the City through In -Rein #43 in October 2009. Mrl Ahmad has estimated the cost of renovations to be Five Thousand Eight Hundred ($5,800) which was reviewed and approved by the Division of Real Estate. Mr. Ahmad has provided sufficient proof of financial ability to complete the purchase and renovations of said property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. G.A.R. Associates estimated the value of the property to be Nine Thousand Dollars ($9,000). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Mr. Ahmad has agreed and is prepared to pay Nine Thousand Dollars ($9,000) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 49 Alma to Saad All Ahmad in the amount of Nine Thousand Dollars ($9,000.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 871 REPORT OF SALE 1153 JEFFERSON, E SIDE 240' N OF DODGE LOT SIZE: 30'X 134' ASSESSED VALUATION: $4,100 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Charles L. Anderson, Sr., MD of 72 Four Seasons Road, West Amherst, New York 14226 to purchase 1153 Jefferson. Dr. Anderson owns an auto repair shop at 1137 Jefferson and the vacant lots at 1147 & 1149 Jefferson, which are adjacent to the city owned lot at 1153 Jefferson. Dr. Anderson also owns the vacant lot at 366 Doge which is adjacent to his auto repair business. Dr. Anderson intends to expand his auto repair business. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty -Five Cents ($.85) to One Dollar ($1.00) per square foot. Dr. Anderson has agreed and is prepared to pay Three Thousand Eight Hundred Dollars ($3,800), Ninety -Five Cents ($.95) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1153 Jefferson in the amount of Three Thousand Eight Hundred Dollars ($3,800) to Charles L. Anderson, Sr., MD. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 872 REPORT OF SALE - 29 WALDEN SOUTH SIDE 100.50' WEST LOEPERE LOT SIZE: 30'X 141' ASSESSED VALUATION: LAND $1,700 IMPROVEMENT: $100 TOTAL $1,800 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Abul K. Azad and Mohammed R. Ezaz, 311 Woltz Avenue, Buffalo, New York 14211 to purchase 29 Walden Avenue. They intend to renovate the property and use the second floor for their personal residence. The 1 sc floor they may utilize for a small business. They have estimated the cost of renovations to be Seventeen Thousand Seven Hundred Dollars ($17,700) and have provided proof of financial ability to complete the purchase and repair of the property:...... The property consists of 2,762 square feet, two family dwelling, situated. on a lot 30'x 141'. The property was acquired by the City through In Rem #43 in October 2004. There have been no other serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has determined the value to be One thousand Eight Hundred .: - . Dollars ($1,800). Abul K. Azad and Mohammed R. Ezaz have agreed and are prepared to pay One Thousand Eight Hundred Dollars ($1,800) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 29 Walden Avenue to Abul K. Azad and Mohammed R. Ezaz in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 873 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE This is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2013 has been delivered to the City Clerk. This document is comprised of separate reports for the City of Buffalo Primary Government, the Buffalo Urban Renewal Agency Component Unit, and the Buffalo Board of Education Component Unit. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Dansa & D'Arata, LLP for the Buffalo Urban Renewal Agency and Freed Maxick CPAs, PC for the Buffalo Board of Education. Management of each component unit is responsible for establishing and maintaining the internal control structure necessary to facilitate accurate reporting and compliance with applicable laws and regulations. The reports of the independent auditors include, where applicable, their findings and recommendations and management's response. The reports were prepared in accordance with generally accepted auditing standards, as required by the U.S. Office of Management and Budget's Circular A- 133, Audits of States, Local Governments and Non - Profit Organizations. Electronic copies of the above - referenced reports may be obtained from the Division of Accounting at wferguson @city- buffalo.com. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or July 10, 2014. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 874 COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2014 BONDS I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On April 16, 2014, at 11:00 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211 North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by facsimile transmission. 2. At that time and place, thirteen (13) sealed bids were received for the purchase of $25,639,769 General Improvement Serial Bonds - 2014 of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the Comptroller as of April I, 2014, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that Guggenheim Securities, New York, New York, was the successful bidder to whom the bonds were then awarded, at the purchase price of $29,256,594.41 (being the par amount of the bonds $25,639,769 plus a net premium of $3,616,825.41), plus accrued interest, if any, from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: Total Interest Cost .............. ..................$6,280,712.03 Less the Amount of the ......................... $3,616,825.41 Net Premium Bid Above Par ................ Net Interest Cost ................. ..................$2,663,886.62 TIC 1.877115% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 2015 to 2017, inclusive, at 4.00% and; Bonds maturing in the years 2018 to 2023, inclusive, at 5.00 %; such rates of interest being the rates necessary for the City to sell said Bonds. 6. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 7. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. 1 N WITNESS WHEREOF, I have hereunto set my hand as of the 16th day of April, 2014. Comptroller CLERK'S CERTIFICATE 1, GERALD CHWAL1 NSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before April 29, 2014. 1 FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 29th day of April, 2014. City -Clerk ...... Mr. Smith moved That the above item be, and the above communication from the Office of Comptroller, dated April 16, 2014, be received and filed; That the Common Council hereby approves the Comptroller's Certificate of Award for the 2014 Bonds. PASSED AYES — 9 NOES - 0 NO. 875 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF A $7,367,399 BOND ANTICIPATION NOTE -2014 OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THE PUBLIC SALE THEREOF I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, which resolution is in full force and effect and has not been modified, amended or revoked, and subject to the limitations prescribed in said resolution, I have made the following determinations: 1. Bond anticipation renewal notes in the respective principal amounts as set forth in columns 1 -3, row I in the attached Appendix A, shall be issued to renew, in part, bond anticipation notes in the respective principal amounts as set forth in columns 1 -3, row G, originally issued and dated April 30, 2013, maturing April 30, 2014 in anticipation of the sale of bonds authorized pursuant to the bond resolutions duly adopted by the Common Council on their respective dates as set forth in columns 1 -3, row B for each purpose as set forth in columns 1 -3, row A, the redemption of said original bond anticipation notes having been provided from current funds in the respective amounts of the 2014 BAN Principal Payments as set forth in columns 1 -3. 2. Bond anticipation notes in the respective principal amounts as set forth in columns 4 -12, row I in the attached Appendix A, for each purpose as set forth in columns 4 -12, row A shall be issued to provide new money financing in anticipation of the sale of bonds authorized pursuant to the bond resolutions duly adopted by the Common Council on their respective dates as set forth in columns 4 -12, row B of such Appendix for each purpose as set forth in columns 4 -12, row A. 3. All of said bond anticipation notes hereinabove referred to in paragraphs 1 and 2 shall be combined for the purpose of sale into a single combined new money and renewal issue in the aggregate principal amount of $7,367,399, and shall be designated "BOND ANTICIPATION NOTE -2014 (hereinafter referred to as the "Note "). 4. The terms, forms and details of said Notes shall be as follows Amount and Title $7,367,399 Bond Anticipation Note -2014 Dated: April 29, 2014 Matures: April 29, 2014 Numbers and Denominations: No R -1, at $7,367,399 Interest Rate Per annum: 2.00% The place of payment of principal and interest shall be at the Manufacturers and Traders Trust Company, One M &T Plaza, Buffalo, New York 14203, and the form of said Notes shall be substantially in accordance with the form prescribed by Schedule B,2 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), provided that the Notes when issued will be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ( "DTC ") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Notes will be in book -entry form in denominations of $5,000 or any integral multiple thereof except for one necessary odd denomination of the Note. Beneficial owners of the Notes will not receive certificates representing their interests in the Notes. Unless the City determines otherwise, transfers or exchanges of ownership interests in the Notes may be accomplished via book -entry transactions only, as recorded through the book -entry system established and maintained by DTC or a successor depository. 5. The aggregate amount of bond anticipation notes originally issued in anticipation of the issuance of bonds authorized pursuant to the resolutions referred to in paragraph 1 hereof is $2,462,510 and the amount of bond anticipation notes which will be outstanding after the issuance of the Note is $2,241,399. The aggregate amount of bond anticipation notes originally issued in anticipation of the issuance of bonds authorized pursuant to the resolutions referred to in paragraph 2 hereof, including the Note, is $5,126,000 and the amount of bond anticipation notes which will be outstanding after the issuance of the Note is $5,126,000. 6. The bonds authorized to be issued pursuant to the resolutions referred to in paragraph 1 hereof are for purposes which are non - assessable. 7. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to Raymond James & Associates, Inc., New York, New York, for the purchase price of $7,493,160.50, plus accrued interest, if any, from the date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note shall bear interest at the rate of two per centum (2.00 %) per annum, calculated on the basis of a 30 -day month and 360 -day year, payable at maturity. 8. Said Note shall be executed in the name of the City by the manual signature of the Comptroller and a facsimile of its corporate seal shall be imprinted or otherwise reproduced thereon. 9. Said Note is being issued to provide financing for the purposes referenced in paragraphs 1 and 2 hereof. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial institution referred to in paragraph 7 hereof a copy of the City's Undertaking to Provide Notices of Events, executed by the undersigned as Comptroller of the City, setting forth the City's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2 -12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 29th day of April, 2014. CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office. /as City Clerk on or before April 29, 2014; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller by said Resolution No. 194, duly adopted on the 4th day of October, 1945, referred to in said Certificate, has been adopted by said Common Council. IN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of said City this 29th day of April, 2014. Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated April 29, 2014, be received and filed; That the Common Council hereby approves the Certificate of Determination by the Comptroller determining the terms, form and details of sale and issuance of a $7,367,399.00 Bond Anticipation Note -2014 of the City of Buffalo, New York and providing for the public sale thereof. PASSED AYES — 9 NOES - 0 NO. 876 REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Attached please find an informational report on the disbursement of Community Development Block Grants (CDBG). Most concerning is the lack of progress on the Emergency Rehab Loans, as well as the total amount of CDBG funds, more than $ i4 million, that would need to be spent by August 1 in order to comply with United States Housing and Urban Development (HUD) timeliness requirements. It has come to my attention that there was a meeting of the Special Committee on Housing on Wednesday April 9 at 3 p.m., and that the Emergency Rehab Loan program was discussed at length. Despite the fact that the item under discussion ( #385- 13 -45, Dec. 10, J.. Golombek - Article Comptroller Wants Non - Profit to Take Over City's Home Repair Program) contained the word "Comptroller," and that representatives from my office had spoken previously on this item when it was in the Community Development Committee, neither I or anyone from my department were invited to this meeting. Representatives from the Office of Strategic Planning (OSP), however, were invited to this meeting and asked to speak on the item. Based on the Emergency Rehab Loan disbursement information from the City's financial systems, the statistics offered to the Special Committee on Housing by OSP were inaccurate. OSP claimed that it takes 90 days from the date of application to the project completion, and that less than 10 percent take longer than 90 days. As you can see from the attached report, the average amount of time from the submission of an application to project completion is 712 days, while the quickest this process was ever completed was 160 days. The longest was 1,i 10 days, more than three years. While OSP claimed that 159 applications have been submitted and approved since January 1, 2014, my department has only received three. The item under discussion at the Special Committee on Housing dealt with my suggestion, in a November 20, 2013 letter to the Mayor, to delegate more responsibility for the Emergency Rehab Loan program to Belmont Housing Services. To date, I have not received a response to this letter. At the Special Committee on Housing meeting it was claimed that the City is limited in what can be delegated to Belmont. However, any services the City contracts with Buffalo Urban Renewal Agency (BURA) to perform could easily be assigned to Belmont instead. Representatives from my office would be willing to discuss this matter in greater detail at the next Community Development Committee meeting, the next Special Committee on Housing meeting, or any other meeting where CDBG funds are discussed. REFERRED TO THE COMMITTEE ON FINANCE, THE SPECIAL COMMITTEE ON HOUSING AND THE OFFICE OF STRATEGIC PLANNING NO. 877 APPOINT SECRETARY TO THE COMPTROLLER(EXEMPT)(SYPH) Appointment effective April 20, 2014 in the Department of Audit and Control, Division of Comptroller to the Position of Secretary to the Comptroller, Exempt at the flat salary of $50,069 Cherelle Syph, 436 Cornwall, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 878 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE NOTE: DATES AND TIMES BELOW SUBJECT TO CHANGE THURSDAY MAY 1 2014. TIME DESCRIPTION CHAIRPERSON LOCATIOIN 2:00 pm Special Session (accept Budget) Mr. Pridgen Chambers 2:30 pm Common Council Offices of Council Memi0ers and Legislative Staff Mr. Fontana Chambers City Clerk Records Retention MONDAY, MAY 5, 2014 10:00 am Mayor and Executive Department Mr. Pridgen Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 11:00 am Dept of Audit Control Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Human Resources Employee Relations Civil Service Compensation and Benefits Management Employment and Training 2:00 pm Dept of Law Administrative Adjudication 2:30 pm Community Services & Recreation Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training Mr. Scanlon Chambers Mr. Wyatt Chambers Mr. Rivera Chambers Mr. Smith Chambers WEDNESDAY, MAY 7, 21014 10:00 am Management Information Services Mr. LoCurto Chambers 11:00 am Public Works, Parks, Sts, & Water Mr. Golombek Chambers General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Chambers Streets, Lighting of Streets, Traffic Engineering, Snow Removal, Labor Pool and Bridges Animal Shelter and Control Parks and Recreation Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund - Water 1:30 pm Dept of Police Mr. Pridgen Chambers 2:30 pm Admin, Finance, Policy & Urban Affairs Mr. Rivera Chambers Budget and Management Services Urban Affairs Treasury and Collections Purchasing, inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Mr. Rivera Chambers Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau THURSDAY MAY 8 2014 11:00 am Economic Develop Permits & Insp Mr. LoCurto Chambers Housing and Enforcement Licenses and Permits 1:30 pm Dept of Fire Mr. Pridgen Chambers 2:30 pm Dept of Assessment and Taxation Mr. Franczyk Chambers 5:00 pm Public Hearing on the Budget Mr. Pridgen Chambers 6:00 pm Buffalo Board of Education Mr. Smith Chambers NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Hearing. Departments are encouraged to advise the Common Council Legislative Staff office at 716 - 851 -5105 of a department point of contact who will be notified of last minute scheduling changes. REFEFERRED TO THE COMMITTEE OF THE WHOLE NO. 879 SCHEDULE OF BUDGET WORKSHOPS Enclosed please find the Schedule of City of Buffalo Common Council Budget Workshops which are held in the Common Council Meeting Room (Room 1417 City Hall) during the period of May 9 through May 15, 2014. The schedule can also be found at the City of Buffalo home page at http: / /www.city- buffalo.com The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be made to adhere to the schedule provided. We request the assistance of all attending: • Notifying the Legislative Staff Office at 716- 851 -5105 of a Department point -of- contact who can be notified of last- minute scheduling changes; • Arriving promptly at the scheduled meeting time; • Adhering to the rules of order as prescribed by the Council Chairperson; • Ensuring that Department representatives are knowledgeable of budgetary matters and prepared to address questions raised by those in attendance; • Assembling the documents and information listed by enclosure; • Departments filing the information required by enclosure with the Common Council Staff Office (Attn: Budget Committee) no less than twenty -four (24) hours PRIOR to the Department's budget hearing meeting time to comply with the Council Transparency initiatives. if you have any questions regarding the above, please call 851 -5105 Attn: Budget Committee Staff. MONDAY MAY 12, 2014 9:00 am Dept of Mayor and Executive Mr. Smith Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and in -Rem Properties Intergovernmental Relations Citizens Services 10:30 am Dept of Audit Control Mr. Smith Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Assessment and Taxation Mr. Smith 2:00 pm CAUCUS 3:00 pm Dept of Law Mr. Smith Administrative Adjudication 3:30 pm Common Council and City Clerk Mr. Smith WEDNESDAY MAY 14, 2014 9:00 am Public Works, Parks, Streets and Water Mr. Smith General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Recreation Streets, Lighting of Streets, Traffic Engineering, Streets Cleaning and Snow Removal, .Labor Pool and Bridges Animal Shelter and Control Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund -Water 10:30 am Community Services & Recreation Programming Mr. Smith Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training 1:30 pm Economic Dev, Permits & Inspections Mr. Smith Housing and Enforcement Licenses and Permits 2:30 pm Admin, Finance, Policy & Urban Affairs Mr. Smith Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau 3:30 pm Dept of Human Resources Mr. Smith Employee Relations Civil Service Compensation and Benefits Management Employment and Training THURSDAY MAY 15 2014 1:30 pm All City of Buffalo Union Representatives Mr. Smith Police Benevolent Association (Police) Local 650 (City -wide White Collar Unit) Local 282 (Fire) Local 264 and 264T (City -wide Blue Collar Unit) Local 2651 (Building Inspectors Local 17 (Operating Engineers) Crossing Guards 2:30 pm Management Information Systems Mr. Smith NOTE: Buffalo Board of Education Budget Workshop -- Date and Time - Will be announced at a later date NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Workshop. Departments are encouraged to advise the Common Council Legislative Staff office at 716- 851 -5105 of a department point of contact who will be notified of last minute scheduling changes. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 880 THE BUFFALO OLMSTED PARKS CONSERVANCY SEEKS CITY OF BUFFALO'S EXECUTION OF CERTAIN AGREEMENTS AND RELATED DOCUMENTATION WITH REGARD TO A $250,000 GRANT TO THE BUFFALO OLMSTED PARKS CONSERVANCY FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR ROSE GARDEN PERGOLA AND MARCY CASINO RESTORATION IN DELAWARE PARK. The Buffalo Olmsted Parks Conservancy is planning to perform Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration in Delaware Park. The New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP ") has approved $250,000 in grant funding ( #El 1 N72) to be utilized for the repairs /restoration. Because Delaware Park is a City -owned property, the City of Buffalo's agreement to certain preservation covenants /agreements and other conditions related to the grant funding are required by OPRHP. These covenants essentially require agreement by the City and the Buffalo Olmsted Parks Conservancy to the effect that the property improved with the grant funding will not, without prior consent of OPRHP, be sold, leased or otherwise conveyed for use for other than public park purposes. Further covenants /agreements involve an obligation on behalf of the City or the Buffalo Olmsted Park Conservancy to repay up to "one and one half times" the $250,000 OPRHP grant funding in :the event of certain violations of the agreements or in the event of deliberate acts or gross negligence of the City or the Buffalo Olmsted parks Conservancy leading to destruction of the improved property. Otherwise, the City is not required to provide any funding in connection with this grant. Further, the Buffalo Olmsted Parks Conservancy has agreed to obligate itself to cover the grant repayment obligation in the event that the grant proceeds must be repaid. For your reference and further information about the documentation and related agreements which the City is being requested to execute (along with the Buffalo Olmsted Parks Conservancy) as a condition of the $250,000 OPRHP grant funding, I have attached a copy of the State of New York Agreement ( "Grant Agreement "), the Preservation Covenant to run with the land for a period of 20 years after the final disbursement of the grant and also enclosed is a copy of the proposed routine Affidavit of Title. I am requesting that your Honorable Body authorize the Mayor to execute the attached Grant Agreement and Preservation Covenant and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $250,000 OPRHP grant funding for the Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration project in Delaware Park. 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 Mayor to execute the Grant Agreement and Preservation Covenant between the City of Buffalo and the New York state Office of Parks, Recreation and Historic Preservation for the Rose Garden Pergola and Marcy Casino Restoration in Delaware Park; and that the Common Council hereby authorizes the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and shall take all such steps and actions as shall be necessary to facilitate the $250,000.00 Office of Parks, Recreation and Historic Preservation grant funding for the Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration project in Delaware Park. PASSED AYES — 9 NOES - 0 NO. 881 NOTIFICATION OF AUTHORIZATION TO BUFFALO OLMSTED PARKS CONSERVANCY TO IMPLEMENT INVASIVE SPECIES MANAGEMENT PILOT PLAN FOR BUCKTHORN IN DELAWARE PARK AND EMERALD ASH BORER TREATMENT The Department of Public Works, Parks and Streets is hereby notifying Your Honorable Body that this department has authorized the Buffalo Olmsted Parks Conservancy to implement Invasive Species Management Plan for Buckthorn in Delaware Park and Emerald Ash Borer Treatment Plan across the historic Olmsted designed parks system. A copy of each plan is attached for your review. 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 April 23, 2014, be received and flied; and That the Common Council is hereby notified by the Commissioner of the Department of Public Works, Parks and Streets that the Department of Public Works, Parks and Streets has authorized the Buffalo Olmsted Parks Conservancy to implement Invasive Species Management Plan for Buckthorn in Delaware Park and Emerald Ash Borer Treatment Plan across the historic Olmsted designed parks system. PASSED AYES — 9 NOES - 0 NO. 882 CHANGE IN CONTRACT CONTRACT #93001254 AMERICAN LEGION POST @ 136 CAZENOVIA ST. PARTIAL RE- ROOFING SOUTH DISTRICT I HEREBY SUBMIT TO YOUR Honorable Body the following change for the American Legion Post located at 136 Cazenovia St. Partial Re- Roofing C # 93001254 1) This change includes labor and materials required for the unforeseen installation of vinyl siding and Add $1,056.765 aluminum (lashings on both sides of the front dormer This foregoing change results in a net increase in the contract of One Thousand Fifty Five Dollars and 76/100 ($1,055.76) Summary Contract Amount $31,495.23 Amount of this Change Order $1,055.75 Revised Contract amount $32,550.99 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 132966006 443200 - 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 April 23, 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 $1,055.76 (Original Contract Amount $31,495.23 + Change Order #1 $1,055.76 for a Revised Contract Amount of $32,550.99) for the American Legion Post located at 136 Cazenovia Street, Partial Reroofing, to Grove Roofing, C #93001254. Funding is available in Account #132966006 443200 - Buildings. PASSED AYES 9, NOES 0 NO. 883 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CDBG YR -37 -50203 PUBLIC FACILITIES IMPROVEMENTS TO 332 EAST UTICA, BUFFALO NY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for CDBG Year 37 -50303 Public Facilities Improvements to 332 East Utica, Buffalo NY. The costs for consulting services are estimated not to exceed $67,000.00. The funds are available in CDBG account CCG9133037- 470000 -8598. 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 April 23, 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 design, bid and construction phase services for CDBG Year 37- 50203, Public Facilities Improvements, to 332 East Utica, Buffalo, New York. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in a CDBG Account CCGgB3037- 470000 -8598. PASSED AYES 9, NOES 0 NO. 884 LARKIN CENTER OF COMMERCE PERMISSION TO ENTER INTO AGREEMENT AND ACCEPT DONATION FOR IMPROVEMENTS TO THE RIGHT -OF -WAY FILLMORE DISTRICT I hereby request from Your Honorable Body permission to allow the City of Buffalo Department of Public Works, Parks & Streets, to enter into an agreement with the Seneca Larkin 701, LLC to allow for construction improvements to the right -of -way in the vicinity of the Larkin Center of Commerce building located at 701 Seneca Street. The improvements are proposed on Seneca Street, from Swan Street to Larkin Street and Van Rensselaer from Seneca Street to approximately 200' south. The agreement will be subject to approval as -to -form by the office of Corporation Counsel. All work will be designed and completed to City specifications with final plans being approved by the City Engineer. Please authorize the Commissioner of Public Works, Parks & Streets to enter into agreement for this work and accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. Steven J. Stepniak 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 April 23,2014, 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 with Seneca Larkin 701, LLC to allow for construction improvements to the right -of -way in the vicinity of the Larkin Center of Commerce building located at 701 Seneca Street, and to accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. The agreement will be subject to approval as to form by the Office of the Corporation Counsel PASSED AYES 9, NOES 0 NO. 885 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; PERMISSION TO RECEIVE BIDS FROM CONSTRUCTION CONTRACTORS AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, BSA AND CITY OF BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECITON OF THE NIAGARA GATEWAY PROJECT -PHASE 2 BETWEEN VIRGINIA STREET AND PORTER AVENUE CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT, FILLMORE & NIAGARA DISTRICTS PRIOR COUNCIL REFERENCE: (IFANY) [: #18 of July 10 2007 The NYSDOT and the City of Buffalo have designated $2.500M for the design, construction, administration and inspection of Niagara Street Gateway Phase 2 Project between Virginia Street and Porter Avenue. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, BSA and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 21, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, the New York State Department of Transportation, the Niagara Frontier Transportation Authority, the Buffalo Sewer Authority and the City of Buffalo Water Authority for the design, construction, administration and inspection of the Niagara Street Gateway Project, Phase 2, between Virginia Street and Porter Avenue. PASSED AYES 9, NOES 0 NO. 886 REPORT OF BIDS A DISTRICT POLICE STATION NEW ROOF & PARTIAL RECONSTRUCTION JOB NO. 1409 SOUTH DISTRICT I asked for on March 18, 2014, and received the following informal sealed bids for A District Police Station New Roof & Partial Reconstruction, which were publicly opened and read on April 8, 2014. Base Bid Northern Dreams Constr. $585,000.00 Miller Enterprises, Inc. $612,000.00 Nichter Construction $614,400.00 'Hadala Construction, Inc. $623,000.00 CR Edwards Construction No bid RB Mac Construction No bid 'Not Responsive per Law Department I hereby certify that the foregoing is a true and correct statement of all bids received and that Northern Dreams Construction, with a total bid of Five Hundred Eighty Five Thousand and 00/100 Dollars ($585,000.00) As the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Account No. 3532506 445100 - Buildings ($326,000.17), and the 2013 Authorized Capital Improvement Program ($258,999.83); unissued waiting for account number. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 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 A District Police Station New roof and Partial Reconstruction, with Northern Dreams Construction, with a total bid of 585,000.00. Funding for this project is available in Account #3532506 445100 — Buildings ($326,000.17) and the 2013 Authorized Capital Improvement Program ($258,999.83). PASSED AYES 9, NOES 0 NO. 887 REPORT OF BIDS INFORMAL BID PROPOSAL: STREET TREE TRIMMING FOR BUS ROUTES GR. 784F CITYWIDE BUSINESS DISTRICTS I requested an informal bid for the above project to the vendors listed below to be delivered to the Division of Parks and Recreation Office in 505 City Hall by Wednesday, April 16, 2014 by 3:00 p.m., to be funded through Care of Trees Operations Budget. Total Bid Tree Services of WNY, LLC $13,200.00 41 William Street Tonawanda, New York 14150 Tree Care of NY $20,075.00 11493 Broadway Alden, New York 14004 Davey Tree Expert Co. No Bid Submitted 1200 Commerce Parkway Lancaster, New York 14086 Schneck's Tree Removal, Inc. No Bid Submitted 2861 Southwestern Blvd. Orchard Park, New York 14127 Scott Lawn Yard No Bid Submitted 5552 Townline Road Sanborn, NY 14132 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Services of WNY, LLC with a Total Bid of Thirteen Thousand Two Hundred 00/100 ($13,200.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Thirteen Thousand Two Hundred 00/100, ($13,200.00). Funding for this project is available in O & M account number 14570006 - 480000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 23, 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 Street Tree Trimming for Bus Routes, Group 784F, with Tree Services of WNY, LLC, with a total bid of $13,200.00. Funding for this project is available in O & M Account #14570006 - 480000. PASSED AYES 9, NOES 0 NO. 888 REPORT OF BIDS INFORMAL BID PROPOSAL STREET TREE TRIMMING FOR BUSINESS DISTRICTS GR. 784G CITYWIDE BUSINESS DISTRICTS I requested an informal bid for the above project to the vendors listed below to be delivered to the Division of Parks and Recreation Office in 505 City Hall by Wednesday, April 16, 2014 by 3:00 p.m., to be funded through Care of Trees Operations Budget. Total Bid Tree Care of NY $20,075.00 11493 Broadway Alden, New York 14004 Tree Services of WNY, LLC No Bid Submitted 41 William Street Tonawanda, New York 14150 Davey Tree Expert Co. No Bid Submitted 1200 Commerce Parkway Lancaster, New York 14086 Schneck's Tree Removal, Inc. No Bid Submitted 2861 Southwestern Blvd. Orchard Park, New York 14127 Scott Lawn Yard No Bid Submitted 5552 Townline Road Sanborn, NY 14132 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Care of NY with a Total Bid of Twenty Thousand Seventy Five 00/100 ($20,075.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Twenty Thousand Seventy Five 001100, ($20,075.00). Funding for this project is available in O & M account number 14570006 - 480000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works. Parks and Streets, dated April 23, 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 Street Tree Trimming for Business Districts, Group 784G, with Tree Care of NY, with a total bid of $20,075.00. Funding for this project is available in O & M Account #14570006 - 480000 PASSED AYES 9. NOES 0 NO. 889 REPORT OF BIDS NIAGARA STREET GATEWAY PROJECT PIN #5757.14 ELLICOTT DISTRICT, FILLMORE DISTRICT & NIAGARA DISTRICT This is to advise Your Honorable Body that I have advertised and received bids on March 19, 2014. The lowest three bids received were: Contractor Base Bid Total Bid Price NOVA Site Company, LLC $2,225,000.00 $2,447,500.00 6 Lena Court West Seneca, NY 14224 Occhino Paving $2,278,969.55' $2,506,866.51 2650 Seneca St. West Seneca, N Y14224 Destro Brothers $2,325,381.76 $2,557,919.94 411 Ludington Buffalo, NY 14206 1 hereby certify that the lowest responsible bidder for the above project is NOVA Site Company, LLC and I respectifully recommend that Your Honorable Body authorize a contract award to NOVA Site Company, LLC in the amount of $2,447,500.00. (Base Bid of $2,225,000.00 + [10% unit price increases] $222,500.00 equals [Total Award] $2,447,500.00). The engineer's estimate for this work is $2.5M. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 21, 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 Niagara Street Gateway Project, PIN #5757.14, with NOVA Site Company, LLC, with a total bid of $2,447,500.00 (Base Bid of $2,225,000.00 + 10% unit price increase of $222,500.00 for a Total Bid of $2,447,500.00). This project is a 95% reimbursed Federal Aid Highway Project. Funds for this project are available in Capital Account #31710006 - 445100 PASSED AYES 9. NOES 0 NO. 890 REPORT OF BIDS, GROUP #784 -E REHABILITATION OF SCATCHARD PLACE AND PEABODY STREET FILLMORE DISTRICT In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Destro & Brothers Concrete Co., Inc. $20,710.00 411 Ludington Street, Buffalo, NY 14206 Nova Site Company $29,495.00 6 Lena Court, West Seneca, NY 14224 Thumann Asphalt $31,075.00 56 Gunnville Road, Lancaster, NY 14086 Amherst Paving, Inc. $47,000.00 330 Meyer Road, Amherst, NY 14226 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $20,710.00. Funds for this contract are available in #34311506 - 445100, and /or an account(s) to be named at a later date. The engineer's estimate for this work is $19,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 17 Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 23, 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 rehabilitation of Scatchard Place and Peabody Street, Group 784 -E, with Destro & Brothers Concrete Co., Inc., with a total bid of $20,710.00. Funding for this project is available in Account #34311506 - 445100 and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 891 REPORT OF BIDS ASARESE MATTER COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 07202 PRIOR COUNCIL REFERENCE: Item #64 of C.C.P. 1/21/14 1 advertised for on December 12, 2013 and received the following formal sealed bids for Asarese Matters Community Center, Rehabilitation Project # 38- 07202, which were publicly opened and read on January 9, 2014. General Construction Base Bid 'CIR Electric Construction Corp. $36,955.00 400 Ingham Avenue, Lackawanna, NY Weydman Electric, Inc. $39,500.00 747 Young St., Tonawanda, NY Goodwin Electric Corp $48,894.00 207 S Youngs, Williamsville, NY 'CIR Electric Construction Corp. was previously reported as the low bidder. However, CIR Electric Construction Corp. is unable to provide required insurance. I hereby certify that the foregoing is a true and correct statement of all bids received and that Weydman Electric, Inc. with a Base Bid of $39,500. plus 10% contingency for $3,950.00, for a total of Forty Three Thousand Four Hundred Fifty Dollars and 00/100 ($43,450.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project will be available in C19132037- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 24, 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 for the Asarese Matters Community Center, Rehabilitation Project, with Weydman Electric, Inc., with a total bid of $43,450.00.00 (Base Bid of $39,500.00 + 10% contingency of $3,950.00 for a Total Bid of $43,450.00). Funding for this project is available in Account #C19B2037- 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 892 REPORT OF BIDS HISPANICS UNITED OF BUFFALO REHABILITATION PROJECT CDBG FUNDED YEAR 38- 14203, 8488 PRIOR COUNCIL REFERENCE: Item #773 c.c.p. 4/15/14 to be amended I advertised for on October 24, 2013 and received the following formal sealed bids for the Hispanics United of Buffalo, Rehabilitation Project, which were publicly opened and read on November 13, 2013. General Construction Base Bid Alt. #4 Alt. #5. Alt. #6 Alt. #7 'Grove Roofing, Inc. $62,600.00 $28,000.00 $7,800.00 $3,800.00 $10,000.00 131 Reading Street Buffalo, NY Progressive Roofing, Inc. $78,000.00 $50,400.00 $4,800.00 $2,800,00 $10,000.00 331 Grote Street Buffalo, NY Jameson Roofing, Inc. $142,861.00 $64,982.00 $11,254.00 $6,286.00 $11,187.00 3761 East Lake Road Dunkirk, NY Alternate Item #4: All work associated reconstruction of existing roof over two story section per plans. Alternate Item #5: All work associated reconstruction of third roof per plans & specs. Alternate Item #6: All work associated reconstruction of existing Wood Fascia and Sofit Boards at third roof. Alternate Item #7: All work associated with Concrete Masonry Block at two story section per plans & specs. 'Grove Roofing has withdrawn their bid. I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications General Construction: Progressive Roofing, Inc. with a Base Bid of $78,000.00, add Alt. #4 of $50,400., add Alt. #5 of $4,800.00, add Alt. #6 of $2,800.00, Alt. #7 of $10,000.00, plus 10% contingency of $14,600.00, for a total amount of One Hundred Sixty Thousand Six Hundred and 00/100 Dollars ($160,600.00.) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project will be available in CH9R2037- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 24, 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 for the Hispanics United of Buffalo Rehabilitation Project, CDBG Funded Year 38- 14203, 8488, with Progressive Roofing, Inc., with a total bid of $160,600.00 (Base Bid of $78,000.00 + Alt. #4 of $50,400.00 + Alt. #5 of $4,800.00 + Alt. #6 of $2,800.00 + Alt. #7 of $10,000.00 + 10% contingency of $14,600.00 for a Total Bid of $160,600.00). Funding for this project will be available in Account #CH9R2037-470000- Buildings. PASSED AYES 9, NOES 0 NO. 893 REPORT OF BIDS MEAL ON WHEELS CENTER FACILITIES IMPROVEMENT PROJECT CDBG FUNDED YEAR 39 -50203 1 advertised for on April 1, 2014 and received the following formal sealed bids for the Meals on Wheels Rehabilitation Project #39- 50203, which were publicly opened and read on April 21,2014. General Construction Base Bid South Buffalo Electric, Inc. $61,970. 1250 Broadway, St. Buffalo, NY IPL Electric $149,900. 701 Seneca St. Buffalo, NY The City will be purchasing (3) 150kW MG Generators with recommended options, sub -total Cost of $133,329.00 from New York State Contract # PC62003 for Meals on Wheels Center and will installed at the site by South Buffalo Electric, Inc according to plans and specifications. I hereby certify that the foregoing is a true and correct statement of all bids received and that South Buffalo Electric, with a Base Bid of $61,970. plus 10% contingency for $6,197., for a total of Sixty Eight Thousand One Hundred Sixty Seven Dollars and 00/100 ($68,167.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project will be available in C19132037- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 24, 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 for the Meals on Wheels Center Facilities Rehabilitation Project, # 39- 50203, with South Buffalo Electric, Inc., with a total bid of $68,167.00 (Base Bid of $61,970.00 + 10% contingency of $6,197.00 for a Total Bid of $68,167.00). Funding for this project will be available in Account #C19B2037- 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 894 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENT CAZENOVIA PARK BUILDING SENIOR CITIZENS CENTER CDBG FUNDED YEAR 38- 04200, 8650 1 advertised for on March 11, 2014 and received the following formal sealed bids for the Public Facilities Improvement Project # 38 -04200 Cazenovia Park Building Senior Citizens Center, which were publicly opened and read on April 1, 2014. General Construction Base Bid Weydman Electric, Inc $19,490.00 747 Young St. Tonawanda, NY South Buffalo Electric, Inc $19,914.00 1250 Broadway, St. Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Weydman Electric, Inc, with a Base Bid of $19,490. plus 10% contingency for $1,494.00, for a total of Twenty One Thousand Four Hundred Thirty Nine Dollars and 00/100 ($21,439.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project are available in CH9F2007- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 24, 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 for the Public Facilities Improvement Project #38- 04200, Cazenovia Park Building, Senior Citizens Center, with Weydman Electric, Inc., with a total bid of $21,439.00 (Base Bid of $19,490.00 + 10% contingency of $1,494.00 for a Total Bid of $21,439.00). Funding for this project will be available in Account #CHgF2007- 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 895 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENTS MASTEN PARK, SCHILLER PARK & SPERRY PARK PROJECT CDBG FUNDED YEAR 39 - 50200 1 advertised for on April 1, 2014, and received the following formal sealed bids for the Public Park Facilities Improvements Project #39- 50200, which were publicly opened and read on April 21, 2014. General Construction Base Bid Alt. #1 Alt. #2 Alt. #3 Titan Development, Inc $461,810 $9,000 $4,500 $16,500 8534 Seaman Rd, Gasport, NY Louis Del Prince & Sons, Inc. $483,296 $10,000 $13,000 $8,800 580 Cayuga Rd, Cheektowaga, NY Alternate #1 : All Associated work with Pavilion Reconstruction per specifications & plans. Alternate #2: All Associated work with Safety Surface per specifications & plans. Alternate #3: All Associated work with sod per specifications & plans. I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Titan Development, Inc with a Base Bid of $461,810.00, add Alt. #1: $9,000.00, add Alt #2: $4,500.00, add Alt. #3: $16,500.00, plus 10% contingency $49,181.00 for a total amount of Five Hundred Forty Thousand Nine Hundred Ninety One and 00/100 Dollars ($540,991.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in C19132007- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 23, 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 for the Public Facilities Improvement Project #39- 50200, Masten Park, Schiller Park and Sperry Park Project, with Titan Development, Inc. with a total bid of $540,991.00 (Base Bid of $461,810.00 + Alt. #1 of $9,000.00 + Alt. #2 of $4,500.00 + Alt. #3 of 16,500.00 + 10% contingency of $49,181.00 for a Total Bid of $540,991.00). Funding for this project will be available in Account #C19B2007- 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 896 REQUEST PERMISSION TO ACCEPT DONATION OF FUNDS FROM THE MEALS ON WHEELS CENTER FOR INSTALLATION OF GENERATORS Permission is hereby requested from Your Honorable Body to accept donation of funds in the amount of $43,000.00 From Meals on Wheels Center, to be used for the installation of Generators at the Meal on Wheels Center located at 100 James E. Casey Drive. The City will be purchasing (3) 150kW MG Generators with recommended options, sub -total Cost of $133,329.00 from New York State Contract # PC62003 for Meals on Wheels Center and will installed at the site by South Buffalo Electric, Inc according to plans and specifications. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 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 accept a donation of funds in the amount of $43,000.00 from Meals on Wheels Center to be used for the installation of generators at the Meals on Wheels Center located at 100 James E. Casey Drive. PASSED AYES 9, NOES 0 NO. 897 APPOINT DOG CONTROL OFFICER(TEMP)(INTER)(FALT) Certificate of Appointment Appointment Effective 4/16/2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Dog Control Officer Temporary Open- Competitive Intermediate Starting Salary of $24,615 (step 13) Jennifer Falt, 394 Ideal St, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 898 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(EDWARDS) Certificate of Appointment Appointment Effective 4/22/2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Equipment Operator Provisional Open- Competitive Intermediate Starting Salary of $25,100 (step 13) Michael Edwards, 423 Shirley St., Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 899 APPOINT RECREATION INSTRUCTOR(TEMP)(MAX)(DOLL) Certificate of Appointment Appointment Effective 4/16/2014 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Recreation Instructor Temporary Open- Competitive Maximum Starting Salary of $38,280 William Doll, 152 Whitfield, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 900 APPOINT TRUCK DRIVER(TEMP)(INTER)(ROSE) Certificate of Appointment Appointment Effective 4/28/2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Temporary Open- Competitive Intermediate Starting Salary of $28,085 (step 15) Gene Rose, 250 Shirley Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 901 LODGING HOUSE LICENSE 125 MAIN ST (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 125 Main St, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. 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 DAVID BALDAUF. The attached thereto for DAVID BALDAUF d /b /a HARBOR LODGING, LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 902 937 BROADWAY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 937 BROADWAY and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand 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 MARTHA PICKETT. The attached thereto for MARTHA PICKETT d /b /a/ SIMPLY PLUS BOUTIQUE. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMUNITY ON COMMUNITY DEVELOPMENT NO. 903 SECOND HAND DEALER 207 NIAGARA (FILL) Pursuant to Chapter 254 of the City &Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 207 NIAGARA ST and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand 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 RICARDO RODRIGUEZ. The attached thereto for RICARDO RODRIGUEZ d /b /a/ RICO'S 2 HAND SHOP. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated April 21, 2014, be received and filed; 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 Ricardo Rodriguez d /b /a Rico's 2 nd Hand Shop located at 207 Niagara Street is hereby approved. PASSED AYES — 9 NOES - 0 NO. 904 USED CAR DEALER 3260 BAILEY (UNIVERSITY) 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 3260 BAILEY 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 MYRON LANE. The attached thereto for MYRON LANE /dba /MY -WAY MOTORS. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 906 SALE /SCRAP OF OBSOLETE EQUIPMENT/VEHICLES The Division of Purchase is requesting permission of the listed below equipment /vehicles that is either obsolete or beyond its useful life. Disposal will be done by mean of auction, or contract with scrap dealer. Pk -27 1999 Chevy Pick -up, Blue CDI -203 1999 Ford F -550 White, Dump E -617 1999 Ford Ranger, White P -330 -S 2003 Ford Crown Vic, White E -602 1994 Ford F Super Duty SC -28 1998 Champion, Mayor's Bus BPK -36 -S 1988 Club Car Electric Golf Cart PWG -03 2002 GEM Electric Cart PWG -04 2002 GEM Electric Cart PWG -05 2002 GEM Electric Cart PWG -07 2002 GEM Electric Cart PWG -08 2002 GEM Electric Cart Pk -43EQ Allamo Mott Hammer Pk -45EQ Allamo Mott Hammer Challenge Champion Paper Cutter Model M -B, Serial #1800 Does not work Argyle 23 Process Camera Model 23, Serial #3021 Surplus (2) 1984 Unimogs 406 121 10 095881 406 121 10 096710 S -1001 Dog Cages that mount on the Frame of Pick -up Water Tank- approximately 5K gallons QTY- 6 Stertil /Koni Mobile Column Lifts Model #: ST -1072 Capacity: 16,000 Lbs Manufacture Date: October, 2000 Type: 32560037 220 Three Phase Applied Sweepers Inc. The Green Machine 414RS Diesel A red 6' plow with no asset number on it A red 6' plow assigned to truck number PK. 9601. PK -82. Used light poles and luminaires (Public Works) REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PARKING NO. 906 APPOINT PKG METER MECHANIC (PROV)(16 STEP)(WASHINGTON) Certificate of Appointment Appointment Effective 4/10/2014 in the Department of Parking Division of Parking Meters & Enforcement to the Position of Parking Meter Mechanic Provisional Open- Competitive 15 Step Starting Salary of $27,089. Mario K Washington, 586 E Delevan, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 907 REQUEST TO APPROVE A FIVE -MONTH CONTRACT EXTENSION FOR COMMUNITY BASED ORGANIZATIONS DELIVERING SERVICES TO CITY OF BUFFALO RESIDENTS AND RECEIVING YEAR 39 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOUSING FOR PERSONS WITH AIDS (HOPWA), AND EMERGENCY SOLUTIONS GRANT FUNDING, AND TO APPROVE FUNDS DURING THE EXTENSION FOR AGENCIES CURRENTLY UNDER CONTRACT FOR CDBG AND HOPWA. PRIOR COUNCIL REFERENCE: May 29, 2013 Item 51 The City of Buffalo Office of Contract Administration, Department of Community Services seeks to: 1. grant a five month contract extension for current Community Development Block Grant (CDBG), Housing for Persons with Aids ( HOPWA), Emergency Solutions Grant (ESG) subrecipients, and 2. enter into a new contract to provide City funds for expenses exceeding the original amounts funded under CDBG and HOPWA during the five month extension period. Current agency contracts end April 30, 2014. The contract extension and related funding amounts will allow community based organizations to continue to provide existing services during the extension period of May 1, 2014 through September 30, 2014. An extension is required and additional funding needed because the City of Buffalo HUD Entitlement funding year has been extended five months, which means that additional CDBG and HOPWA funds will not be available until October 1, 2014. Therefore City funding will be required for most agencies to continue operations after April 30. Proposed extension agreement and funding amounts are attached. Program Cost: $956,990 Funding Source: City of Buffalo The increase will be funded from account # 15513006434000. The material terms of the extension for the CDBG, HOPWA, and ESG existing contracts are as follows: Extended through September30. The 30 day requirement for submitting invoices w remain so that agencies must submit invoices no later than October 31. CDBG and HOPWA agencies expecting to rely upon City funds May 1 must meet the original 30 day submission deadline and submit all payment requests by the end of May. The material terms of the new City funded contracts for CDBG and HOPWA eligible activities are as follows: Term- May 1 to Sept 30. Maximum funding amount of 40% of current CDBG and HOPWA contracts The 30 day requirement for submitting invoices will remain so that agencies must submit no later than October 31. City funds will only be available when Audit and Control has signed off on the close out of the original CDBG and HOPWA funded contract CDBG and HOPWA funds must be fully expended prior to City funds being request by agencies to cover costs incurred by the agency within any particular month Contracts will be encumbered only after all CDBG and HOPWA funds have been expended by the agency Agencies relying on any City funds between May 1 and June 30 must submit by May 30 all invoices for all CDBG and HOPWA expenses incurred before May 1 in order for the contract to be encumbered before July 1. An extension is also needed for Emergency Solutions Grant funded agencies, but funding for the extension period will come from prior year Emergency Solutions Grant funds. An Annual Action Plan Amendment will subsequently be filed with this Honorable Body to effectuate the use of prior year ESG funds. The Department of Community Services requests that Your Honorable Body: 1. Authorize the Mayor, the Executive Director of the Office of Strategic Planning, and or the Deputy Commissioner of Community Services and Recreational Programming to execute an agreement extending the terms of all existing CDBG, HOPWA, and ESG public service agency contracts until September 30, 2014, and 2. Authorize the Mayor, the Executive Director of the Office of Strategic Planning, and or the Deputy Commissioner of Community Services and Recreational Programming to execute agreements fund CDBG and HOPWA public service agencies with City funds according to the materials terms above and in the amounts in the attached document, said agreement to be negotiated to finalization and approved as to form by the City of Buffalo Corporation Counsel. Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services, dated April 24, 2014, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning and /or the Deputy Commissioner of the Department of Community Services and Recreational Programming to execute an agreement extending the terms of all existing Community Development Block Grant (CDBG), Housing for Persons With AIDS ( HOPWA) and Emergency Services Grant (ESG) public service agency contracts until September 30, 2014; and that the Common Council hereby authorizes the Mayor, the Executive Director of the Office of Strategic Planning and /or the Deputy Commissioner of Community Services and Recreational Programming to execute the agreements to fund CDBG and HOPWA public service agencies with City funds, said agreement to be negotiated to finalization and approved as to form by the City of Buffalo Corporation Counsel. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 908 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board, St Address Business Name Owner's Name 333 Ganson St Buffalo Riverworks Earl Ketry 643 Main St Bijou Grille Beatrice Montione 256 Allen St The Buffalo Public House Matthew Marino 2081 Niagara St Poize Kanitra McCarter 12 Military Rd Hot Mama's Canteen GVMP LLC 199 Lincoln Pkwy Magnolia Events LLC Robert Davidson "1210 Broadway Club 1210 Laurie Anderson "Referred to Permit and License RECEIVED AND FILED NO. 909 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: Comptroller- Cberelle Syph Police - Elizabeth Clark— Paul J. Ramunno. Jr, Linda McDonald RECEIVED AND FILED. NO. 910 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 04/16/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer 11, Seasonal at the flat rate of $12.66/hr John Armstrong, 233 Vulcan St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 04/21/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer 11, Seasonal at the flat rate of $12.66/hr Paul Stoddard, 100 Lockwood Ave, Buffalo, NY 14220 Johnnie White, 108 Farnhill, Buffalo, NY 14215 NO. 911 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 04/28/2014 in the Department of Parking, Division of Parking Violations Bureau, to the position of Administrative Assistant, Permanent at the minimum salary of $42,758.00 Laura Flumerfeldt, 27 Morris Ave, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 04/10/2014 in the Department of Parking, Division of Parking Meters & Enforcement, to the Position of Parking Meter Mechanic Provisional at the minimum salary of $25,283.00 Philip J. Marino, 56 Highgate Ave, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 04/14/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr 1 sc Class Stationary Engineer, Temporary at the flat rate of $15.00 /hr Richard Cramer, 60 Hollywood, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 04/16/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr 1 sc Class Stationary Engineer, Provisional at the flat rate of $15.00 /hr Louis Eze, 117 Ledger St, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 04/25/2014 in the Department of Assessment and Taxation to the Position of Assessor, Temporary at the first step of $47,960.00 Tavis Latona, 36 Capen Blvd, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 04/14/2014 in the Department of Human Resources, Division of Civil Service to the Position of Personnel Assistant, Permanent at the minimum salary of $33,303.00 Sheritta N. Crump, 14 Elaine Ave, Buffalo, NY 14208 Constance Snell, 687 Northampton St., Buffalo, NY 14211 NON OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 912 BFLO WATER BD- MONTHLY WATER BD REPORT MARCH 2014 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 913 LP CIMINELLI -BOARD PACKET DOCUMENTS -APRIL 2014 MEMORANDUM: Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider March 15, 2014 Board Packet Documents 2014: documents from the Joint Schools Construction Board meeting scheduled on 1. Agenda 2. Meeting Minutes from JSCB Meeting dated March 3, 2014 and February 3, 2014 - Revised 3. Phase III Application and Certificate for Payment No. 65 - March 2014 4. Phase V Application and Certificate for Payment No. 52 - March 2014 5. Fully Executed Phase III Application and Certificate for Payment No. 64 - February 2014 6. Fully Executed Phase V Application and Certificate for Payment No. 51 - February 2014 7. A. Memo for the Proposed Assignment of Hewlett Packard Subcontract for Phase V DWT B. Response Memo to JSCB Members Questions C. Resolution: Approval of Change to Services Under Phase V MDCA 8. Program Packaging and Development Services (PPDS) Provider Update 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order # 1 February 2014 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- February 2014 1 I. Compliance &.Administrative Services of New York Compliance Monthly Report for Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 914 M. DAMICO- CONCERNS HOW ADULT LEAGUES ARE FORMED IN COB Problem with Parks? 1. Parks department insists that Adult leagues are governed by part of the city Charter. To date No part of this charter can be found or produced outlining how Adult leagues are to be governed. 2. Adult groups are charged a $100 dollar a team fee and it is claimed by the Parks department that the city charter prohibits leagues from going beyond a 10 week season. Suburban leagues run longer. 3. The parks department has insisted that athletic fields earmarked and built for certain sports cannot be utilized for different sports. Example a soccer field cannot be used for ultimate Frisbee. The policy is supposedly again governed by the City charter but has not been made available. In many cases the policy is ignored for some groups. It is said that youth groups have precedent over adult sports groups even though the youth groups are NOT run by the city are either for profit or not for profit. Unlike the adult leagues these groups do not pay the 5100 team fee. Even if an adult league has been using a field for 10 years or more and paying for that field it is said that it is written policy that a youth group can take over that field whenever it wants. 5. The Parks department is asking for full payment for fields by Thursday. In many cases we're not sure of what fields we have or how many teams we are allowed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 916 R. FONTANA -C MEADOWS- PLANTING FRUIT TREES IN CITY PARKS & TOXIC WASTE IN COB COMMON COUNTIL RE: "Planting Fruit Trees in City Parks and Addressing Toxic Waste in the City" Dear Mr Chwalinski, Please file the attached email for the Common Council meeting scheduled for April 29, 2014. Respectfully, Richard A. Fontana Enclosure: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 916 J. GOLOMBEK- ARTICLES CONCERNINGLYFT RIDE SHARE SERVICE Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Dear Mr. Chwalinski: Please file the attached information and articles concerning the "Lyft" ride share service and refer to committee for discussion. Several area Taxi Cab companies have called and voiced concerns about this service which has announced plans to start running in Buffalo. Your assistance is greatly appreciated. Sincerely, I:»9 :1V:» III tell r. I:9K0] dildiIIa11:10i10 1we ]dildi[1]011IvaDIXTIAX.]Z!w1:11►r1 NO. 917 C TARR- CONCERNS REGIONAL COLLEGIATE TOWN & GARDEN PROCEDURES & CREATION OF A Observations and Concerns Before Buffalo City Council Re: Regional Collegiate Town & Gown Procedures and the Creation of a Community Civil Court in Buffalo Common Council City of Buffalo 65 Niagara Square Buffalo, NY 14202 Gentlemen: In 2010, 1 was the author of an affidavit and subsequent appellate brief before the U.S. Department of Education's Office For Civil Rights (OCR) which led to a Title -IX Performance Review of the entire State University of New York (SUNY) system. The federal government has created a webpage detailing the 3 -year investigation and the many positive outcomes [Attachment -1] Born of this investigation are a number of very positive changes on our local collegiate campuses. A monthly meeting with senior administrators remains ongoing with a variety of partners and the general public. Across four years, this meeting has identified a variety of needs that I believe the City of Buffalo can assist to implement as follows: A motion seeking cooperation with the SUNY Chancellery and with regional private institutions for the creation of a unified off - campus student engagement protocols. An effort to identify routes for the creation of a Community Civil Court in conjunction with the Buffalo City Court and Buffalo State College as a host for the physical setting of the courtroom. An effort to identify the possibility of expanding the existing 311- Reporting System to include reception of education concerns in the City of Buffalo. Acknowledgment of the mediation capability of Buffalo State College as a local resource for solving many of the problems presently facing the Buffalo Public Schools I gratefully look forward to the opportunity to fully present these concerns before the Development and Legislative Committees. I hope that you will individually afford time to review the U.S. Department of Education web page in anticipation of my presentation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 918 C. TARR- CONCERNS LONG TERM CONTROL PLAN -BSA Observations and Concerns Before Buffalo City Council Re: The Long Term Control Plan (LTCP) of the Buffalo Sewer Authority Common Council City of Buffalo 65 Niagara Square Buffalo, NY 14202 Gentlemen: On March 25 2014, an Article -78 petition filed in State Supreme Court was served on the Buffalo Sewer Authority [Attachment -1]. This petition was drafted from a prior warning letter to BSA Director David Comerford and City Corporation Counsel Tim Ball which outlined an absence of review as required by the (NY) State Environmental Quality Review Act (SEAR). The warning letter was publicly aired (timely & prior to the commencement of construction) in an article published by Artvoice Editor Geoff Kelly [Attachment -2]. As documents are being reviewed in preparation for court, there are a number of very serious concerns emerging regarding the LTCP. I believe it is imperative for the future of our City that both the Development Committee and the Legislative Committee receive the following concerns: The intended improvements for the Niagara River are very important. I thank Mr. Kelly dearly for capturing my sentiments in that capacity in his article. Unfortunately, Buffalo lacks a regional and cooperative solution. This means that an overwhelmingly disproportionate financial and mechanical burden is being impressed on the citizens of the City of Buffalo. This severely disproportionate relationship of burden is then further aggravated by pollution occurring in the suburban regions surrounding Buffalo. Failures of design and infrastructure in the suburbs arc delivering enormous volumes of 'combined - overflow' pollution into the Scajaquada Creek and Buffalo River. From a February 2014 article in the Rochester Democrat & Chronicle ....... Among Monroe suburbs that operate their own collection systems, Penfield reported two discharges and Brighton and Greece one each. That's a far cry from the town of Cheektowaga, Erie County, which reported 300 releases, or nearly a quarter of the entire state's total. The town engineer, William Pugh, said Cheektowaga's sanitary sewer system consists of aging clay tile pipes with joints every few feet. Rainwater and melted snow seep into the pipes and when they fill, they overflow into local creeks. "It's wet - weather impact, " Pugh said. "Let's face it, these pipelines are 60- some -years old." [Attachment -3] These heavily polluted tributaries of the Niagara River then reflect negatively on the general performance profile of the Niagara for which DEC and EPA are holding the City of Buffalo legally accountable. Recognition of these impacts varies throughout the'agencies' documentation in a manner that reflects the severity and imbalance of lacking a regional solution. Our'BSA- Centric' burden resonates throughout the written history. Documents reflect the'agencies' (DEC and EPA) indication that very little improvement should be expected from the suburban (wholesale) regions. The agencies then advise that Buffalo should focus primarily on raising its own containment and treatment standard from 91 % to a nearly perfect 98% Documents reflect the agencies demanding a commitment from BSA for a total of seventeen "Real Time Control" projects damming and retaining combined sewage under our city streets predominately in residential neighborhoods. At last check, nobody is damming sewage under residential streets in the suburbs. Documents acknowledge that'Phase -1' of the "Test Projects" for Real Time Control damming of sewage under residential streets will actually have a negative, harmful impact on pollution levels in the Scajaquada Creek. This is attributed to changes in water levels and pressures in association with the Black Rock Canal. The claim is made that this damage will be mediated (if & when) "Phase -2" is undertaken. Documents from DEC reflect the 'agencies' (DEC and EPA) encouraging the Buffalo Sewer Authority to include the "suburban (wholesale) regions" in their Federal Feasibility Study. 'Borrowing' these financial demographics raised the wealth profile and the bonding capability of the BSA allowing a "better solution" to be forged v— behalf of the Niagara River. Unfortunately, this results in a substantial debt to the City of Buffalo, recently celebrated in press releases as 380 - Million Dollars. It is unclear what percentage of that deb— is being levied directly on Buffalo residents as opposed to residents in the suburban (wholesale) regions. The cost per individual Buffalo household is estimated at approximately $900. The government recognizes this as 1.3% of the Mean Household Income in the City of Buffalo. This rate does not appear to be wealth adjusted, meaning that our poorest citizens will suffer the greatest impact. The plan also appears to lack any future regulatory provisions for new development and Construction. We are defending 380 - Million Dollars expenditure by declaring the present' infrastructure woefully inundated as we fail to consider the load and impact of substantial present and future construction and development intentions. I gratefully look forward to the opportunity to fully present these concerns before the Development and Legislative Committees. I hope that you will individually afford time to review my petition from the Article -78 proceeding which elucidates the background and concerns of the lawsuit. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 919 C. WETTLAUFER- CONCERNS KING CENTER CHARTER SCHOOL # 71 938 Genesee Street Buffalo, NY 14211 Members of City of Buffalo Common Council Catherine T. Wettlaufer KCCS Board President April 15, 2014 Sale of PS 71 Once again, thank you for your time and attention yesterday with respect to tile sale of School 71. In response to the allegation that King Center Charter School's proposed move was a revision to our Charter requiring a hearing, we contacted Ralph A. Rossi, II, counsel for the Charter School Institute. He advised us that §3.14 of our Charter Renewal covers relocation and does not require a hearing. As our Charter permits relocation and our Board has approved relocation, all that remains is execution of the Contract for Sale. He did reinforce our May 15 deadline to provide information to the Charter School Institute on our relocation and to secure our $200,000.00 grant. RECEIVED AND FILED PETITIONS NO. 920 R. BRENNER, AGENT, USE 1032 NIAGARA TO ERECT AN ADDITION TO THE HEIGHT OF AN EXISTING MONOPOLE CELLULAR TOWER IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (HRG 05 /06)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 921 D. HALL, AGENT, USE 866 PROSPECT TO ERECT A SURFACE PARKING LOT ACCESSORY TO OFFICE BEING EXPANDED ON AN ADJACENT PARCEL (HRG 05 /06)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 922 P. ROWELL, AGENT, USE 392 KENMORE TO ERECT A GROUND SIGN, WALL SIGN AND DIRECTIONAL SIGN FOR A NEW PHARMACY (HRG 05 /06)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 923 G. SCHOLAND, AGENT, USE 3 GATES CIRCLE FOR A MIXED USE RESIDENTIAL, COMMERCIAL AND RETAIL NEIGHBORHOOD (HRG 07 /22)(ELL, DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 924 V. MERLI, OWNER, USE 12 MILITARY FOR A SIDEWALK PATIO & A PATIO ON PRIVATE PROPERTY (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CLAIMS (DAVID A. RIVERA, CHAIRMAN) NO. 925 PERSONAL INJURY Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Personal Inure Claims A. 1. Carnahan, Clarence $ 1,500.00 A. 2. Morales, Janette (payable to County of Erie) $1,000,000.00 A. 3. Randolph, Clifton $ 2,500.00 A. 4. Sharp, William $ 7,500.00 A. 5. Stevens, Shanteesha $ 750.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — 9 NOES - 0 NO. 926 PROPERTY DAMAGE Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B 1 Drozd, Alexandra $ 500.00 B 2 Duffle, Florine $ 1,360.00 B. 3 Muthana, Saleh $ 200.00 B. 4. Myers, Jonathan $ 624.36 B. 5. Owens, Terrence $ 350.00 B. 6. Palmer, Janet $ 2,222.31 B. 7. Saracen, Janice $ 181.59 B. 8. Thomas, Beverly $ 126.10 B. 9. Walker, Wendy $ 115.00 B. 10. Williams, Crystal $ 2,532.97 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — 9 NOES - 0 NO. 927 CONTRACT Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C. 1. Accadia Site Contracting $ 498,789.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — 9 NOES - 0 NO. 928 PRIOR FISCAL YEAR INVOICES Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: D 1 Atlas Health Care Linen $ 620.09 D 2 Ball Toilet & Septic Services $1,298.10 D 3 Buffalo News $1,098.60 D 4 CATCO $ $18,420.00 D 5 Christopher Family Chiropractic $316.20 D 6 DePaolo- Crosby, Inc $124.00 D 7 D.F. Bailey Inc $192.00 D 8 Fire Academy FSA $372.29 D 9 Goldberg Segalla LLP- Police I.O.D.' $58,855.00 D 10 Goldberg Segalla, LLP - Police Interest Arb'$ $52,313.59 D 11 Goldberg Segalla, LLP -H.R. Matters' $47,733.00 D 12 Goldberg Segalla, LLP - Police Misc' $17,209.00 D 13 HealthPort $71.78 D 14 Hodgson Russ $6,350.65 D 15 Mattar, D'Agostino & Gottlieb, LLP(Mediation) $2,595.37 D 16 Metschl and Associates $131.48 D 17 MXI Environment Services LLC $17,639.50 D 18 Niagara Frontier Services $6,000.00 D 19 Rivette & Rivette $1,200.00 D 20 Sue Ann Simonin $1,603.35 D 21 Union Occupational Health Center $240.00 Final payments for now - closed matters resulting from retention of firm in 2011. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — 9 NOES - 0 NO. 929 MISCELLANEOUS. Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: E 1 Austin, Preson $90.00 E 2 Kohler Awning $454.40 E 3 US Bank National Association $20,000.00 E 4 US Environmental Protection Agency $21,094.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — 9 NOES - 0 CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 930 APPOINT POLICE LIEUTENANTS (PERM)(POL)(SCHULZ, SZYKOWIAK II, PIATZAK, O DONNEL, LONG, BLESY, CONNOLLY, LEWIS) CCP# 781 1404/15 Mr. Wyatt moved: That Communication 781 of April 15, 2014, be received and filed and that the Permanent Appointments of Stephen P. Schulz, 86 Greenfield Drive, Tonawanda, NY 14075, Anthony J. Szymkowiak II, 5222 Woodway Court, Hamburg, NY 14075, Jonathan O. Piatzak, 58 Chapel Glenn Drive, Hamburg, NY 14075, James D. O'Donnell, 84 Oakhurst Avenue, Buffalo, NY 14220, Michael D. Long, 110 Alabama Street, Buffalo, 14204, Scott A. Blesy, 7140 Boston State Road, Hamburg, NY 14075, Jeremy W. Connolly, 54 Hollywood Avenue, Buffalo, NY 14220, Stacy E. Lewis, 38 Crosby Blvd, Amherst, NY 14226 at the flat salary of 75,526.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 931 APPOINT POLICE LIEUTENANT (CENT PERM)(POL)(MANLEY) CCP# 782 14 -04/15 Mr. Wyatt moved: ]'hat Communication 782 of April 15, 2014, be received and filed and that the Contingent Permanent Appointment of Richard P. Manley, 34 Dundee Street, Amherst, NY 14220 at the flat salary of 75,526.00 is hereby approved PASSED AYES -9 NOES -0 NO. 932 APPOINT ASSISTANT CORPORTION COUNSEL(TEMP)(MCDUFFIE)(CC) COP# 802, 04/015 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED No. 933 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 802, 04/015 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 934 AUDIT REPORT ON FUEL CONSUMPTION AND RESPONSE FROM PURCHASE(COMPT) CCP# 14-768,4/16 Mr. Fontana moved: That the above item be the same and hereby is Referred to the Special Committee on Budget. ADOPTED NO. 935 CONTRACT APPROVAL FOR LAW ENFORCEMENT PSYCHOLOGICAL ASSOCIATION - FIREFIGHTER PSYCHOLOGICAL EXAM (HR) (ITEM NO:792, C.C.P., APR. 15 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 Department of Human Resources /Civil Service to enter into a contract with Law Enforcement Psychological Associates to conduct the psychological assessments as part of the entry-level firefighter selection process. The provider was chosen through a Request for Proposals (RFP) process. PASSED AYES — 9 NOES — 0 NO. 936 J. PAUL -P. MERLO- RESPONSE CONCERNING WATERLINE 123 ROBERTS (14- 593 706 CCP# 14 -832 4/15 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 937 REPORT OF SALE - 277 CHERRY (ELL)(STRAT PLAN) (ITEM NO. 754, C.C.P., APR. 15 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 Pastor Dwayne Jones of Mt. Aaron Baptist Church, 540 Genesee Street, Buffalo, New York 14204, in the amount of Three Thousand One Hundred Twenty -Five Dollars ($3,125.00) for the purchase of 277 Cherry, 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. 938 REPORT OF SALE - 1486 JEFFERSON (MASTEN)(STRAT PLAN) (ITEM NO. 756, C.C.P., APR. 15 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 939 REPORT OF SALE - 104 LANG A/K /A 156 NEWBURG (LOV)(STRAT PLAN) (ITEM NO. 757, C.C.P., APR. 15 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 Keith Frome, Ed. D., Executive Director on behalf of the King Center Charter School (KCCS), in the amount of Three Hundred Thirty- Thousand Dollars ($330,000.00) for the purchase of former School No. 71 located at 104 Lang a /k/a 156 Newburg, be and hereby is accepted upon the following conditions: 1. That the KCCS or an entity to be designated by KCCS as the title in "as is" condition; 2. That the KCCS or an entity to be designated by KCCS pays for all closing costs including, but not limited to, title search and report, survey, transfer tax, recording fees, etc.; and 3. That the KCCS or an entity to be designated by KCCS will provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property, 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 — FONTANA, GOLOMBEK, PRIDGEN, RIVERA, SCANLON, SMITH, WYATT — 7 NOES FRANCZYK, LOCURTO - 2 NO. 940 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 796, C.C.P., APR. 15, 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 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 May 9, 2014 is hereby approved. PASSED AYES — 9 NOES - 0 NO. 941 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (EL1) (CITY CLK) (ITEM NO. 797, C.C.P., APR. 15, 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 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 May 23, 2014 is hereby approved. PASSED AYES — 9 NOES - 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 942 FOOD STORE LICENSE (NEW) - 74 ELMWOOD A/K /A 76 ELMWOOD (FILI)(DPIS) (ITEM NO. 786, C.C.P., APR. 15, 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 194 of the City Code to issue a Food Store License to Sana Rizek d /b /a Allentown Food Shoppe Inc. located at 74 Elmwood a /k/a 76 Elmwood. With the following conditions: HOURS OF OPERATIONS SHALL BE 8:OOAM TO 11 PM SUNDAY- THURSDAY AND 8:30AM TO MIDNIGHT FRIDAY & SATURDAY MUST HAVE WORKING SERCURITY CAMERAS INSIDE & OUTSIDE OF STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST. "NO LOITERING" SIGNS TO BE POSTED AND ENFORECED BYSTORE EMPOLOYEES NO SPRAY PAINTED, HAND PAINTED OR AIR- BRUSHED SIGNAGE OR GRAPHICS ON BUILDING MUST HAVE TRASH RECTABLES OUTSIDE STORE & BE MAINTAINED NO OUTSIDE SIGNAG E ADVERTISING TOBACCO GAMBLING (LOTTERY), OR ALCOHOL NO SELLING OF LOOSE ITEMS- CIGARETTES, DIAPERS, ETC. NO PAYPHONES OUTSIDE OF STORE NO BLOCKING OF WINDOWS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING ANY GRAFITTI MUST BE REMOVED WITH 72 HOURS NO VECHICLES TO BE PARKED ON SIDEWALKS PASSEDM/ Cond AYES — 9 NOES - 0 NO. 943 MOBILE FOOD TRUCK - HOUSE OF MUNCH (DPIS) (ITEM NO. 787, C.C.P., APR. 15, 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. 944 D. PUMAM, OWNER, TO USE 936 ELMWOOD FOR AN OUTDOOR CAR8 (DEL)(DPIB) (ITEM NO. 811, C.C.P., APR. 15, 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- 56(D)(1) of the City of Buffalo Code, the Common Council hereby approves the application Of D. Putnam, Owner, of 936 Elmwood to place an outdoor cafe in front of an existing restaurant on the right -of -way in the Elmwood Avenue Special Zoning District upon the following conditions: The outdoor cafe must be temporary and be removed during the winter months; • No outdoor music; • Tables must be bussed; and • No outdoor trash receptacles. PASSED. AYES — 9 NOES - 0 NO. 945 A. MANSOUR, OWNER, TO USE 2050 NIAGARA TO ALTER EXISTING STORE TO INCLUDE A TAKE -OUT RESTAURANT (NORTH)(DPIS) (ITEM NO. 812, C.C.P., APR. 15, 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 A. Mansour, Owner of 2050 Niagara to alter an existing store to include a take -out restaurant in the Niagara River Special Coastal Review Area with the condition that he receives Planning Board Approval. PASSED AYES — 9 NOES — 0 NO. 946 J. DESROSIERS, OWNER, TO USE 820 ELMWOOD A/K /A 822 ELMWOOD FOR TAKE -OUT SERVICE (DEL)(DPIS) (ITEM NO. 813, C.C.P., APR. 15, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Desrosiers, Owner of 820 Elmwood a /k/a 822 Elmwood for a takeout service in the Elmwood Avenue Business District. PASSED AYES — 9 NOES — 0 NO. 947 L. ALTIERI, OWNER, TO USE 494 FRANKLIN FOR A SIT -IN RESTAURANT IN THE ALLEN STREET DISTRICT (FILL)(DPIS) (ITEM NO. 814, C.C.P., APR. 15, 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 H of the City of Buffalo Code, the Common Council hereby approves the application of L. Altieri, Owner of 494 Franklin to reopen a sit -in restaurant in the Allen Street District. PASSED AYES — 9 NOES — 0 NO. 948 T. BATH, OWNER, TO USE 1116 ELMWOOD FOR A RESTAURANT IN THE ELMWOOD BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 815, C.C.P., APR. 15, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of T. Bath, Owner, to use 1116 Elmwood for a restaurant in the Elmwood Business District. PASSED AYES — 9 NOES - 0 NO. 949 USED CAR DEALER - 1933 GENESEE (LOV)(DPIS) (ITEM NO. 837, C.C.P., APR. 15, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Bassem Mustafa d /b /a Auto Empire, located at 1933 Genesee. PASSED AYES — 9 NOES — 0 NO. 950 F. ZAPPIA, AGENT, TO USE 1147 ABBOTT ROAD FOR A POLE SIGN /FULL USE LED (SOUTH)(DPIS) (ITEM NO. 842, C.C.P., APR. 15, 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 F. Zappia, Agent, to use 1147 Abbott Road for a full -use LED sign and to erect a pole sign to the front of a lot for a Laundromat. DENIED AYES — 9 NOES - 0 No. 951 B. BERNATOVICZ, AGENT, USE 2062 MAIN TO ERECT A GROUND SIGN AND PLAQUE SIGN AT THE NORTHERN GATE OF FOREST LAWN CEMETERY (DEL)(DPIS) (ITEM NO. 696, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby denies the application of B. Bernatovicz, Agent, to erect a freestanding ground sign and a plaque sign at the northern gate of the Forest Lawn Cemetery. PASSED AYES — 9 NOES — 0 NO. 952 R. WYATT -RE: GANG INFLUENCE OVER OUR YOUTH (C.C.P #14 -600, MAR 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 953 ESTABLISHMENT OF BUFFALO YOUTH PROMISE ACT(EXCEPT RES)(WYATT) CCP# 14 -518, MAR 4 Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 954 S. SHARE, AGENT, TO USE 1094 BROADWAY A/K /A 1100 BROADWAY TO REPLACE AN EXISTING BOX ON A POLE SIGN AND ADD LED SIGN (F111)(DPIS) (ITEM NO. 50, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of S. Shafie, Agent, to use 1094 Broadway a /k/a 1100 Broadway to replace an existing box on a pole sign and add back -to -back LED sign boxes. PASSED AYES — 9 NOES - 0 NO. 966 D. PRIDGEN - SIGNAGE IN THE COB ROW (C.C.P #13 -71, JUNE 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 956 J. CARRIER - PETITION TO SUPPORT OUTSIDE LIVE MUSIC -600 E. NORTH ST(FILL) (C.C.P #13 -85, JUNE 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 957 D. FRANCZYK- CONCERNS DELI LICENSE 1069 BROADWAY (FILL) (C.C.P #12 -29, NOV 27) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 958 IMPOUND VEHICLES FOR DRUG, DWI, WEAPONS AND NOISE VIOLATIONS(EXC RES) (C.C.P #10 -96, JULY 20) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 959 D. FRANCZYK -S. KNIGHT FEMA- RESPONSE FOR LIGHT DETECTION AND RANGING (C.C.P #10 -50, JUNE 22) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 960 COUNCILMEMBER FONTANA & COUNCILMEMBER SCANLON HOME RULE REQUEST TO PASS SENATE BILL S. 6461, "AN ACT TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO ". WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill 6461, entitled: "AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ADOPTED NO. 961 COUNCILMEMBER FONTANA & COUNCILMEMBER SCANLON HOME RULE REQUEST TO PASS ASSEMBLY BILL A 8613, "AN ACT TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO ". WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill 8613, entitled: "AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ADOPTED NO. 962 BY: MR. FRANCZYK APPOINTMENT 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 as a Marriage Officer for a period expiring July 31, 2014. Leonard R. Lenihan ADOPTED. NO. 963 BY: MR. FRANCZYK DEDICATE SALE FUNDS TO KING URBAN LIFE CENTER BOARD FOR REDVELOPMENT AND LOSS OF REVENUE WHEREAS: The Common Council has been asked to approve the sale of former Public School 71 at 104 Lang Street aka 156 Newburg Street to the King Urban Life Charter School, an action many educators, community activists, planners and preservationists believe will be detrimental to the King Urban Life Center neighborhood, where the school is currently located; and, WHEREAS: The City of Buffalo owns the King Urban Life Center building, managed by the King Urban Life Center Board of Directors; and, WHEREAS: The City of Buffalo and the State of New York have spent in excess of —20- million to renovate the former St. Mary of Sorrows Church, which is on the national, state and local landmark registry, and is an extremely unique example of adaptive reuse as well as an anchor to the neighborhood and the City of Buffalo; and, WHEREAS: The departure of the King Urban Life Charter School from their current site at Genesee and Rich Streets is much deeper than merely a "tenant /landlord dispute," but have profoundly negative planning and policy implications for the City of Buffalo; and, WHEREAS: In essence, one city building will be emptied and another will be filled, with a net loss for a struggling neighborhood, with questionable "gain" for the city; and, WHEREAS: The Department of Strategic Planning, which filed the item for the sale of the school on Lang /Newburg Street, has remained conspicuously silent on any plan or strategy as to how to prevent the King Urban Life Center building from remaining empty for an extended period of time, thus becoming a liability for the City of Buffalo; WHEREAS: The King Urban Life Center Board which maintains the city -owned King Urban Life building, will suffer a considerable loss of revenue to the tune of ;167,000 a year in rent from the Charter School, in addition to nearly ;350,000 in overall maintenance costs for the building, thus imposing an added burden on the city; NOW THEREFORE BE IT RESOLVED: To help with the expected loss of revenues, as well as the ongoing maintenance, expenses, planning and redevelopment of the city -owned King Urban Life building at Genesee and Rich Streets, the Common Council directs that the sale price proceeds of $330,000 for the purchase of the former School 71 be granted to the King Urban Life Center Board on behalf of the City of Buffalo to accomplish the above listed goals; BE IT FINALLY RESOLVED THAT: That the Department of Strategic Planning must then work to develop a speedy reuse plan with the King Urban Center Board to identify a new tenant for the landmark building at Genesee and Rich Streets, a city -owned asset; DAVID A. FRANCZYK ADOPTED .REFER 2nd RESOLVE TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 964 BY MR GOLOMBEK PURCHASE OF 1859, 1869 AND 1873 NIAGARA STREET FOR FUTURE PUBLIC USE Whereas The West Side /Black Rock Neighborhood Housing Services currently owns 1859 Niagara Street, 1869 Niagara Street and 1873 Niagara Street; and Whereas These vacant lots have great potential for reuse as a future location for public use in the North District; and Whereas Neighborhood Housing Services has expressed interest in selling 1856, 1869 and 1873 Niagara Street for $1.00 per parcel to the City of Buffalo; and Whereas Neighborhood Housing Services has requested that a reversionary clause be added to the contract for purchase if plans for use are altered from future use as a public space; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the City of Buffalo purchase 1859 Niagara Street, 1869 Niagara Street and 1873 Niagara Street from West Side /Black Rock Neighborhood Housing Services at $1.00 per parcel for future public use; and Be it Further Resolved: That a reversionary clause be added to the purchase contract if plans to use the space are changed in the future in which the properties would then revert back to the ownership of the West Side /Black Rock Neighborhood Housing Services; and Be it Further Resolved: That Corporation Counsel prepare the necessary documents for the sale of 1859, 1869 and 1873 Niagara Street from the West Side /Black Rock Neighborhood Housing Services to the City of Buffalo; and Be it Finally Resolved: That copies of this resolution be forwarded to the Law Department, Administration and Finance, the Division of Real Estate, the Comptroller's Office and the West Side /Black Rock Neighborhood Housing Services Joseph Golombek, Jr. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF REAL ESTATE AND THE DIRECTOR OF PARKS NO. 965 BY. MR. PRIDGEN APPOINTING CHAIR OF BUFFALO YOUTH PROMISE COMMITTEE Whereas, many minority youths in Buffalo are at risk of gang influence that can lead them to incarceration and recidivism; Whereas, the Legislation Committee held a special meeting, attended by many community stakeholders who gave testimony that validated the council's concerns and hopes for our at -risk youths; and Whereas. establishing proactive programs and legislation that can protect children from criminal influences would be best handled by an ad hoc committee of the Common Council: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Establishes a Buffalo Youth PROMISE Committee; and 2) Grants the Chair of the Buffalo Youth PROMISE Committee the authority to appoint the remaining voting and ex officio members of the PROMISE Committee: And Be it Further Resolved that the City of Buffalo Common Council President- - 1) Appoints Council Member Rasheed N.C. Wyatt as Chair of the Buffalo Youth PROMISE Committee. RECEIVED AND FILED NO. 966 BY ELLICOTT COUNCIL MEMBER DARIUS G. PRIDGEN PERMISSION TO HANG BANNERS FOR MAY AS MENTAL HEALTH AWARENESS MONTH APRIL 27, 2024 Whereas Banners are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas These banners will help raise awareness in the community about mental health, destigmatize mental illness; and Whereas BryLin Hospital is requesting permission to hang (10) Mental Health Awareness pole banners, which would line Delaware Avenue on both sides, in the area in front of Braylin Hospital between Cleveland Avenue and Gates Circle; and Whereas The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. BryLin Hospital has received a copy of these conditions provided by the district office of the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the BryLin Hospital to hang banners, located at Delaware Avenue, on both sides, in the area in front of BryLin Hospital between Cleveland Avenue and Gates Circle, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banner, in the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 967 SPONSOR: DARIUS G. PRIDGEN REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT SENATE BILL S. 6623 BE IT RESOLVED as follows: To the Legislature: That pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Senate Bill Number S. 5623, entitled: "AN ACT to amend the Vehicle and Traffic Law, in relation to authorizing a pilot residential parking permit system in the city of Buffalo and providing for the repeal of such provisions upon expiration thereof RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the local government does not have the power to enact such legislation by local law; and be it finally RESOLVED: That the City Clerk is hereby directed to forward certified copies of this Resolution to the Home Rule Counsel of the New York State Assembly and to the Home Rule Counsel of the New York State Senate. ADOPTED NO. 968 SPONSOR: DARIUS G. PRIDGEN REQUESTING THE NEW YORK STATE LEGISLATURE TO ENACT ASSEMBLY BILL A. 7602 BE IT RESOLVED as follows: To the Legislature: That pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Assembly Bill Number A.7602, entitled: "AN ACT to amend the Vehicle and Traffic Law, in relation to authorizing a pilot residential parking permit system in the city of Buffalo and providing for the repeal of such provisions upon expiration thereof' RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the local government does not have the power to enact such legislation by local law; and be it finally RESOLVED: That the City Clerk is hereby directed to forward certified copies of this Resolution to the Home Rule Counsel of the New York State Assembly and to the Home Rule Counsel of the New York State Senate. ADOPTED NO. 969 BY CHRISTOPHER P. SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR SOUTH BUFFALO FOOTBALL CARNIVAL WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Football Association provides hundreds of children in the city of Buffalo the opportunity to play little league football at an affordable price; and WHEREAS, Every year, they hold an annual carnival at Cazenovia Park to offset the costs of the sport, alleviating financial pressure from families who have children in South Buffalo Football; and WHEREAS, The South Buffalo Football Carnival will be held Friday May 23 h - Monday May 26 h of 2014; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events mad the Department of Public Works waive the City Olmsted Park fee and event fees for the South Buffalo Football Carnival; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Department of Special Events and the Department of Public Works. PASSED AYES — 9 NOES - 0 NO. 970 BY CHRISTOPHER P. SEANLON WAIVE RENTAL FEES FOR THE TOWN WRECKERS SWIM TEAM (TWST) PRACTICE AT CAZENOVIA SWIMMING POOL WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Approximately 30 TWST athletes will be practicing at Cazenovia Pool from 5:OOpm- 7:OOpm on the following 5 Monday evenings: 6/30, 7/7, 7/14, 7/21 & 7/28/14; and WHEREAS, TWST is a non - profit organization that has been training swimmers in the Buffalo area since 1969; and WHEREAS, During the summer, TWST looks for the opportunity to practice in a long course po0i (50 meters) and the team practiced in Cazenovia Swimming Pool last summer; and WHEREAS, Cazenovia Swimming Pool is one of the few locations in the Buffalo area that can supply such a facility, and therefore TWST feels it would extremely beneficial to their athletes; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works (Parks Department) waive al! applicable fees, including the $3 per swimmer per day fee, for the Town Wreckers Swim Team (TWST); and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Departments and Public Works. PASSED AYES — 9 NOES - 0 NO. 971 SPONSOR: RAAHEED N.C. WYATT STRENGTHENING PROBLEM PROPERTY ENFORCEMENT BY AMENDING CHAPTER 341 OF THE CITY CODE WHEREAS, The .decline of entire streets and neighborhoods is often triggered by problems associated with One or two properties, which makes it critically important that the City of Buffalo act quickly and aggressively to target these properties before the surrounding area is negatively impacted; and WHEREAS, The large number of properties which must be addressed, the need for coordination amongst various City departments, the difficulty in locating out -of -town and absentee owners so —at they can be cited and prosecuted, legal requirements relating to the amount of time which owners must be allowed for responding to and remedying violations, and the difficulty in recouping the City's costs for prosecuting owners and maintaining neglected properties are among the challenges the City faces in ensuring healthy neighborhoods; and WHEREAS, Chapter 341 of the City of Buffalo Code, entitled Property Maintenance, is one of the City's primary tools for dealing with problem properties and it imposes certain duties upon property owners, occupants and persons having charge of lands relating to standards of maintenance, and upon certain City officials relating to enforcement; and WHEREAS, h addition to following procedures that ensure that property owners are adequately notified of their rights, responsibilities and deadlines for correcting code violations, the duties which are imposed upon City officials by Chapter 341 include: • "It shall be the duty of the Commissioner of Street Sanitation to see that the provisions of [article 1 ] are enforced." §341- 2, Enforcing official; notification of noncompliance; • "In the event that the owner.., receives notification to correct the violation and does not comply therewith, the Commissioner of Street Sanitation shall engage the services of a private contractor to perform the necessary work. • The Commissioner shall charge and bill the owner for the cost of such service 341 -3 Performance of work by city • "Commissioner of Street Sanitation shall keep an account of all su0h work done and shall report to the Common Council all parcels of land upon which such work has been performed and the names of the owners of said parcels who have not paid for the cost of the work performed, and the Common Council shall thereupon order assessments on such lands for the unpaid sums so reported." 341 -4 Reports and assessments; • "It shall be the duty of the Commissioner of Permit and Inspection Services or his designee to see that 'the provisions of this section are enforced." §341- 7(E)(1); • "After service of this notice, if the property shows no sign of restoration, the Commissioner of Permit and Inspection Services shall engage the services of a private contractor to perform the necessary work. The Commissioner of Permit and Inspections shall charge and bill the owner for the cost of such services." §341 - 7(E27); • "If the owner or his duly designated representative appears at the time and place specified in the aforementioned notice to contest the necessity of the City causing the subject promises to be boarded, a hearing on such question shall be bald before the [Commissioner of Permit and Inspections Services] or his representative." §341- 13(B); • "If the owner shall fail to comply with a notice to enclose within the period Specified in the aforementioned notice comply with such notice as modified as a result of a hearing having been had, the City shall perform or cause such work to be performed." §341- 13(C); and WHEREAS, In several instances however, Chapter 341 grants discretion to City officials to determine which coarse of action will be pursued in regard to u problem property: • "The [Commissioner of Street Sanitation] may assign City personnel to do the work, in which case a charge as provided in Chapter 175,Fees, shall be made." §341 -3, Performance of work by City; 'the [Commissioner of Permit and Inspection Services] may assist city personnel to do the work, in which case a charge as provided in Chapter 175, Fees, shall be made." §341 7(E)(2); • 'The City of Buffalo shall have the right to enclose the budding and that all costs and expenses incurred by the City will be recovered by action or by local assessment or both." 341- 3(A)(1); • "As a result of such hearing, the original notice directing the enclosing of the subject premises may be affirmed, modified or vacated, but if the notice is modified, the time in which to complete the enclosure shall not b— extended for mom than three days." §341- 13(B); • "If the owner shall fall to comply with a notice, or. with such notice as modified.., the City shall perform or cause such work to be performed and may recover the expanse either by action or by local assessment on the premises made, levied and collected as other local assessments or both." §341- 13(C); and • "In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection A [Notice; sealing requirements,] unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Department of inspections and Licenses and has been 'anted written approval for an extension of time to rehabilitate or to demolish by said Department." §341- 13(D); and WHEREAS, The City and Common Council have been criticized by neighborhood residents for being too lenient with problem property owners and for failing to exercise the full extent of their powers to dissuade prospective investors that are often solely financially motivated and neglect their properties, regardless of the consequences, if it maximizes their profits; and —S, While there is no silver - bullet solution and many of the difficulties involved in combating problem properties are largely beyond the Common Council's control, it is within the power of this honorable body to amend Chapter 341 of the City Code to ensure maximum disruption of the income stream of financially motivated absentee landlords. NOW THEREFORE BE IT RESOLVED, That the Common Council is committed to working with the City's Administration, Dept. of Law, Dept. of Public Works, Parks & Streets, Dept. of Permits and Inspections Services, Housing Court OffieialS, and neighborhood residents to thoroughly review Chapter 341 of the City Code with the goal of strengthening our Property Maintenances ordinances; and RE IT FURTHER RESOLVED, That Dept. of Law is hereby directed to draft an amendment to Chapter 341 of the of the City Code to be filed with the City Clerk for review by this honorable body that changes the wording contained within § 341- 13(C), which presently reads "the City shall perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments or both," to instead read "the City shall perform or cause such work to be performed and shall recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments or both." I:»9 :1V:» III tell r. I:9K0ldildiIIa11:10i1 ►111xe311W_1Ito]►r_1011.1111:1:111110 99x61 ►_\ 196163 dildiIIa11:10i1►11111:161WI101W BY: RASHEED WYATT NO. 972 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. Sheritta Crump Mary Lain parelli Constance V. Snell Total: 3 ADOPTED BY:RASHEED WYATT NO. 973 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Alana Barricks Kathleen J. Lenihan Erin O'Brien Erich Weyant TOTAL:4 ADOPTED NO. 974 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meeting are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 6, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, May 6, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, May 6, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 6, 2014 at 2:00 o'clock P.M. Special Committees Committee on Housing Wednesday, April 30, 2014 at 3:00 o'clock P.M. Special Common Council Meeting Thursday May 1, 2014 at 2:00 o'clock P.M. Budget Hearings and Workshops May 1, 2014 to May 15, 2014 as Tentatively Scheduled (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. 975 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. LoCurto the Council adjourned at 2:38 PM GERALD A. CHWALINSKI City clerk