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Home My WebLink About14-0513NO. 10 PROCEEDINGS OF THE CITY OF BUFFALO MAY 13, 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 MAYOR MAYOR - EXECUTIVE 974- 1. Cit Serv- Submission of Monthly Report -April 2014 R &F 975- 2. Pres Bd- Application for Landmark Status High St Historic District (195,204,225 High) LEG 976- 3. Strat Plan- Linwood Pres Hsg Dev Fund Co & Linwood - Allentown Pres PILOT APP 977- 4. Strat Plan- Modification to Agmt -BURA & COB - Approval of CDBG Loan Tishman Building Rehab APP 978- 5. Strat Plan- Report of Sale- Former Engine 24 -110 Leroy(Mas) APP 979- 6. Strat Plan- Report of Sale -238 & 240 Northampton (Ell) LEG 980- 7. Strat Plan- Request to Increase Amount of Funds -LWRP Contract APP COMPTROLLER 981- 8. Bond Account Closeout FIN 982- 8A Budget Response- 2014 -2015 COW 983- 8B. Certificate of Necessity - Police & Fire R &F 984- 8C. Certificate of Necessity - Buildings- Repair R &F 985- 8D. Certificate of Necessity - Universal Waste Management R &F 986- 9. Interfund Loan - Police Precinct Renovations APP 987- 10. Appoint HUD Grant Fiscal Administrator(Perm) (Max) (Hlavaty) CS 988- 11. Appoint Assistant Auditor(Step 12)(Costner) CS 989- 12. Appoint Assistant Financial Operations Administrator(Perm)Step 15) )(Fanton) CS ASSESSMENT 990- 13. Final Real Estate Values for 2014 -2015 FY R &F PUBLIC WORKS 991- 14. Change in Contract -JFK CC -Rehab APP 992- 15. Change in Contract -Matt Urban CC -Rehab APP 993- 16. Increase in Encumbrance -Yr 38 CDBG Streets Imp(City- Wide)(H0000058) APP 994- 17. Increase in Encumbrance -Yr 38 CDBG Streets Imp(City- Wide)(H0000166) APP 995- 18. Permission to Hire Consultant -Eng Services LED St Light Conversion APP 996- 19. Report of Bids - District Heat System Reconfiguration(Fill) APP 997- 20. Report of Bids - Dudley Li brary(South) (Correction) APP 998- 21. Report of Bids Eng Garage -HVAC Controls(South) APP 999- 22. Report of Bid -Large Meter Replacement Program APP 1000 -23. Report of Bid - Residential Water Metering Program APP 1001 -24. Report of Bid - Porter Ave 60" Watermain Joint Sealing Project APP 1002 -25. Report of Bid -Mass Ave Pump Station - Transformer & Circuit Testing APP 1003 -26. Permission to Engage Services - Fluoride & Chlorine System -Col Ward APP 1004 -27. Report of Emergency Bid -Roof Repair -Col Ward Filter Bldg APP 1005 -28. Permission for No Cost Change - Fluoride System Imp -Col Ward APP 1006 -29. Request Permission to Reduce Contract Retainage -City Hall Alarm Upgrades(Fill) APP 1007 -30. Appoint Truck Driver(Temp)(Inter)(Rose) CS POLICE 1008 -31. Drug Asset Forfeiture Wire Transfers R &F 1009 -32. Appoint Police Inspector(Perm)(Flat)(Blosat) CS CORPORATION COUNSEL 1010 -32A. Kaleida Health Request for an Air Rights Easement at Ellicott near Goodrich CD 1011 -32B. SEQRA Kaleida Health Request Air Rights Easement Ellicott near Goodrich(hrg 5/27) CD PERMITS AND INSPECTIONS 1012 -33. Food Store License(New) -864 Broadway(Fill) LEG 1013 -34. Food Store License(New) -472 Main(Ell) LEG 1014 -35. Food Store License(New)1591 S. Park(Lov) LEG 1015 -35A. Sidewalk Cafe 42 W. Chippewa(Ell) LEG 1016 -36. Used Car Dealer -2619 Bailey(Univ) APP W /COND 1017 -36A. Used Car Dealer -305 Vulcan(North) APP W /COND ADMINISTRATION AND FINANCE 1018 -37. Appoint Junior Collection Officer(Perm)(Max)(Sokolowski) CS COMMUNITY SERVICES 1019 -38. Acceptance of Agmt Btwn EC probation & Div of Youth to Co- Facilitate A Series of Workshops for Boys Council Program (Year Two) & Request Inter Cash Loan APP CITY CLERK 1020 -39. Board of Ethics Meeting Minutes - 04/01/2014 R &F 1021 -40. List of Approved Chicken Licenses as per Ordinance R &F 1022 -41. Liquor License Applications R &F 1023 -42. Leaves of Absence R &F 1024 -42A. Leaves of Absence R &F 1025 -43. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 1026 -44. S. Barlow -Info Parent Network of WNY CD 1027 -45. K. Barwell- Concerns of LYFT Drivers TAXI 1028 -46. D. Bastian - Concerns LYFT Service TAXI 1029 -47. I. Finklestein- Against Ridesharing Co's -Uber, Lyft & Sidecar TAXI 1030 -48. D. Franczyk - Questions Re Streets Along Canalside CD,PW,CC 1031 -49. M. Romanowski -City of Lackawanna Mtg & Hrg Re Gateway Trade Center Parcel R &F 1032 -50. M. Roundtree -EC Response to Site Plan Zoning Referral -1032 Niagara R &F 1033 -51. D. Smith - Annotated Draft Ordinance -COB Tax Foreclosure Reform LEG,HSG,SLUM 1034 -52. D. Smith - Support of Buffalo Transportation Resolution R &F 1035 -53. R. Wyatt - Article COB Land Bank LEG,HSG PETITIONS 1036 -54. R. Felschow Jr, Use 511 Ohio to Erect a 1 Story Pole Barn in the Coastal Review Area(Fill)(hrg 5/20) LEG,CPBD 1037 -55. S. Hadis, Agent, Use 1096 Kensington for a Take Out Restaurant in the Kensington /Bailey Business District(Mas)(hrg 5/20) LEG,CPBD 1038 -56. D. Evans, Owner, Use 1281 Hertel aka 1285 Hertel to Re -Open Existing Restaurant in the Hertel Special Bus District(Del)(hrg 5/20) LEG,CPBD 1039 -57. M. Marino, Owner, Use 256 Allen for a Bar /Restaurant & Patio in the Allen St District(Fill)(hrg 5/20) LEG,CPBD 1040 -58. J. Popiela, Agent, Use 2300 Delaware to Erect a Free Standing Pole- Sign(North)(no hrg) LEG,CPBD 1041 -59. K. Rose, Owner, Use 73 Hamburg for an Outdoor Patio in the City ROW(Fill)(no hrg) LEG,CPBD RESOLUTIONS 1075 -59A. Fontana Increased Appropriation - Police and Fire APP 1076 -59B. Fontana Transfer in Funds - Buildings- Repair APP 1077 -59C. Fontana Transfer in Funds - Universal Waste Mgnt APP 1078 -60. Fontana Support for Sen Schumer Seeking EPA Regulations on Cyanotoxin Filtration ADOPT 1079 -61. Golombek Ordinance Amendment- 12 -24D Board of Ethics LEG 1080 -62. LoCurto,etc Pride Month in the COB 2014 ADOPT 1081 -63. LoCurto Waive Permit Fees -Hands Across Buffalo APP 1082 -64. LoCurto Waive Permit Fees - Wisteria School of Bflo May Fair Festival APP 1083 -65. Pridgen Deem Town Gardens, LLC as a Public Nuisance ADOPT 1084 -66. Pridgen Ord Amendment -Ch 414 -3 Special Events Advisory Comm LEG 1085 -67. Pridgen Proposed Amendments to Ordinances Re Bouncers LEG 1086 -68. Pridgen Proposed Amendments to Ordinances Re Smoking ADOPT RES,REM LEG 1087 -69. Scanlon Request for Consideration - Naming Shelter House at Caz Park For Robert J. Williams LEG 1088 -69A. Scanlon Waive Event Fees for the Bflo Public Sch #72 Field Day APP 1089 -70. Scanlon Waive Park Rental & Event Fees - Parade of Circle and South Buffalo Irish Feis APP 1090 -70A. Smith, etc Support of Buffalo's Center of Transportation Excellence for Coordination of Non - Emergency Medicaid Transportation ADOPT 1091 -71. Wyatt Comm of Deeds - Public Duties ADOPT 1092 -71 A. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1042 -14- 877 Com Apr 29 Appoint Secretary to Comptroller (Exempt)(Syph)(Compt) R &F 1043 -14- 897 Com Apr 29 Appoint Dog Control Officer(Temp)(Inter)(Falt)(PW) APP 1044 -14- 898 Com Apr 29 Appoint Equipment Operator (Prov)(Inter)(Edwards)(PW) APP 1045 -14- 899 Com Apr 29 Appoint Recreation Instructor(Temp)(Max)(Doll)(PW) APP 1046 -14- 900 Com Apr 29 Appoint Truck Driver(Temp)(Inter)(Rose)(PW) APP 1047 -14- 906 Com Apr 29 Appoint Pkg Meter Mechanic(Prov)(15 Step) (Wash ington)(Pkg) APP 1048 -14- 911 Com Apr 29 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 1049 -14 -905 Com Apr 29 Sale /Scrap Obsolete Equipment & Vehicles(A &F) APP 1050 -13 -69 Res Sept 17 Telecommunications PEG Program Schedule R &F 1051 -13 -72 No June 11 C. Scanlon- Response -Urge COB to Reevaluate Relationships With Banks R &F 1052 -12 -54 No May 29 D. Smith -JP Morgan's Loss -Chase Bank R &F 1053 -12 -53 No May 15 D. Smith - Cities Using Deposits to Gain Leverage Over Banks R &F 1054 -11 -5 Com Nov 15 Response to COB Banking Services(Compt) R &F 1055 -11 -13 Com Nov 29 Audit Report - Medical Invoice Fee Scheduling(Compt) R &F COMMUNITY DEVELOPMENT 1056 -15. 14 -872 Com Apr 29 Report of Sale -29 Walden(Fill)(Strat Plan) APP 1057 -16. 14 -901 Com Apr 29 Lodging House License -125 Main St(Fill)(EDPI) APP 1058 -17.14 -902 Com Apr 29 Second Hand Dealer -937 Broadway(Fill)(EDPI) APP 1059 -18.14 -904 Com Apr 29 Used Car Dealer -3260 Bailey(Univ)(EDPI) RECOMMIT 1060 -19. 14 -964 Res Apr 29 Purchase 1859, 1869, & 1873 Niagara St for Future Public Use(Golombek) APP 1061 -20. 14 -966 Res Apr 29 Permission to Hang Banners for May as Mental Health Awareness Month(Pridgen) APP /COND 1062 -21. 14 -682 No Apr 1 R. Fontana -King Charter School Relocation Statement R &F 1063 -22. 14 -684 No Apr 1 S. Kroll -EC Legislature Adopt Resolution Supporting Substance Abuse Treatment, Counseling and Mental Health Services R &F 1064 -23. 14 -581 No Mar 18 R. Fontana - Article -King Center Charter School Moves to Purchase Former School #71 R &F LEGISLATION 1065- 24.14 -920 No Apr 29 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 5 /6)(Nia) RECOMMIT 1066- 25.14 -921 No Apr 29 D. Hall, Agent, Use 866 Prospect to Erect a Surface Parking Lot Accessory to Office Being Expanded on an Adjacent Parcel (hrg 5 /6)(Nia) APP 1067- 26.14 -922 No Apr 29 P. Rowell, Agent Use 392 Kenmore to Erect a Ground Sign, Wall Sign And Directional Sign for a New Pharmacy(hrg 5 /6)(Univ) APP 1068- 27.14 -924 No Apr 29 V. Merli, Owner, Use 12 Military for a Sidewalk Patio & Patio on Private Property(no hrg)(North) APP 1069- 28.14 -943 No Apr 29 Mobile Food Truck -House of Munch (Albarella)(EDPI)( #14- 787,4/15) APP 1070- 29.14 -598 No Mar 18 D. Smith -C. Dankert- Maurer -Resp to Electronic Benefit Transfer Cards R &F 1071- 30.14 -450 Com Mar 4 Food Store License(New) -414 E. Amherst(Univ)(EDPI) R &F 1072-31. 14 -451 Com Mar 4 Food Store License(New) -364 Eggert(Univ)(EDPI) R &F 1073-32. 13 -28 No May 28 C. Griesbaum -Water Lines on Roberts Avenue R &F HOUSING 1074- 33. 499 -10 -99 Res July 6 Strengthening Problem Property Enforc. By Amending Ch. 341 of the City Code (Exc Res) &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MAY 13, 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 29, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 974 SUBMISSION OF MONTHLY REPORT FOR APRIL 2014 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for April 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 976 APPLICATION FOR LANDMARK STATUS -THE HIGH STREET HISTORIC DISTRICT WHICH INCLUDES: 196 HIGH STREET, HIGH STREET DELI 204 HIGH STREET, A.K.A. 291 MAPLE STREET, MEIDENBAUER/MORGAN HOUSE 226 HIGH STREET, A.K.A. 243 MULBERRY STREET, PROMISELAND BAPTIST CHURCH /ORIGINALLY GERMAN BAPTIST CHURCH. The Buffalo Preservation Board recommends that the Buffalo Common Council Designate The High Street Historic District which includes only the listed addresses a local landmark. The attached application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that the properties offer as the City of Buffalo as well as possible threats the building may face in the future. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district" The proposed "High Street Historic District" properties are important structures located at the entrance to a significant neighborhood in Buffalo. It is a neighborhood that has seen significant decline yet with the recent growth of the burgeoning Buffalo Niagara Medical Campus to the west it has the potential to be revitalized or without proper protection destroyed. The properties being considered for local landmarking are all fine examples of late 19 h century structures, but when considered together they provide a thematic grouping of buildings that actually create a neighborhood ... A residence, a church and a market. Their close proximity to each other on High Street, a major thoroughfare entering this neighborhood, their dates of construction, their architectural similarity and their cultural connections make it appropriate that they be considered together as local landmarks. It should be noted that 225 High Street, Promiseland Baptist Church was designated a local landmark on February 2, 1988. 204 High Street is in imminent danger of being destroyed in favor of a proposed grocery store. Its protection will stabilize the neighborhood and slow down the encroachment on this residential neighborhood. In a document dated May 23, 2011, Daniel McEneny of the NYS Historic Preservation Office determined that the building is eligible for the National Register of Historic Places, meeting the same criteria the Buffalo Preservation is charged to consider during its evaluation. He states "As one of the largest residences in the neighborhood, 204 High is a prominent feature in the Fruit Belt landscape as well as a dwindling landmark in a neighborhood that has not fared well in the later 20 century. Population loss and significant demolition, coupled with development pressure by the adjacent Buffalo Medical Center complex makes 204 High both a rare and extremely threatened cultural resource in the neighborhood." A public hearing to review the application was held by the Buffalo Preservation Board at its April 24, 2014 meeting. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the properties meet 5 of the 9 criteria for designation as a Local Landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. Located in an area of Buffalo that would become known as the "Fruit Belt" with streets named Lemon, Cherry, Mulberry etc .... the fruit belt was a German enclave. All three of these structures were constructed in the 1870's to serve this population. Over the years it became a neighborhood for the African - American citizens of Buffalo who would occupy these buildings to serve their constituencies. 195 High Street was originally constructed as a butcher shop. Remnants of the original ice house and smoke house still exist. It is probably one the oldest continuously operating markets in the city. 204 High Street, Meidenbauer /Morgan House was built c.1870 and was the residence and office for Dr. JG Meidenbauer. 225 High Streets importance is best summed up in its own application approved in 1988. "the church helps to orchestrate the significant ethnic changes that have taken place in our local history." (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. All three of these properties provide a very accurate reflection of the culture and architecture of the City of Buffalo through the years. All were designed in the classic revival styles so prevalent at the time of their construction; they would serve the constantly changing population of the neighborhood. Originally built by the German residents, today they serve the African American community. 204 High was the residence and office for Dr. John G. and John P. Meidenbauer. His office was located at the Maple Street address and his residence at High Street. The two were connected in 1890. Dr. Meidenbauer taught at the nearby Buffalo College of Pharmacy from 1896 -1897. It would be fitting to distinguish this house which once served as the residence and office for an early Buffalo physician at a time when we see adjacent properties being transformed into a modern medical campus. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. All three of these structures are fine examples of the revival styles popular when they were built. 195 and 204 High Street are fine examples of Italianate. Daniel McEneny of the NYS Historic Preservation Office describes 225 High Street as an outstanding and dwindling example of Italianate domestic architecture in the context of the Fruit Belt. All the structures are constructed of brick most likely manufactured nearby and foundations are constructed of indigenous limestone. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. All three of these structures are masonry structures built of similar brick most likely manufactured in a nearby brickyard. 195 High Street is built in the Italianate style with especially fine detailing consisting of bracketed eaves, segmented arched windows at the second floor with ornamented keystones, and paired round arched windows at the third floor. Although presently in- filled, many features of the original storefront still exist. 204 High Street is an Italianate style residence unique in a neighborhood with overwhelmingly wood houses. Consisting of three separate structures all built at different times, the L- shaped plan fills an extremely large parcel of land and creates to major facades ... 204 High Street and 291 Maple Street. The house is nicely detailed with fine brick work, a native stone foundation, segmented arched windows and dentil moldings at the eaves. (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. All three of these nominated buildings are very prominent in the neighborhood. Situated at one of the highest points in the city adjacent to the western edge of the "fruit belt" these three buildings are already landmarks acting as a gateway to the neighborhood. The three story 195 and 204 High Street sit in the foreground with the wonderful eclectic steeple of the Promiseland Baptist Church soaring beyond. Both the church and the dell have been continuously operating for their entire existence serving multiple generations and ethnicities that have occupied the neighborhood. With proper protection 204 High Street can certainly join them in being a contributing structure. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 976 LINWOOD PRES HSG DEV FUND CO & LINWOOD- ALLENTOWN PRES PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Linwood Preservation Housing Development Fund Company, Inc., and Linwood - Allentown Preservation LLC. Braco is currently owned by Braco I and Linwood is owned by Linwood Housing Company. The principals of both entities are the same and are under contract to sell the building to Linwood - Allentown Preservation LLC for $16,500,000. Linwood Allentown Preservation LLC is proposing to purchase the project and undertake an extensive renovation. All of the buildings are in need of substantial repairs and are located in the heart of the City's revitalization efforts. Linwood Allentown Preservation is proposing to address the physical needs as well as to upgrade and lease up the commercial space at the Allen and Grant Street locations. The project consists of 13 existing buildings that encompasses the acquisition and rehabilitation of 295 apartments currently under two separate Project Based Section 8 contracts located on ten (i0) sites in Buffalo, New York at the following locations: 12 Allen St, 14202 87 Mariner St, 14201 87 Whitney PI, 14201 231 West Ave, 14201 361 -377 Busti Ave, 14201 105 -109 Hudson St, 14201 279 -281 Niagara St, 14201 76 Grant St, 14213 346 Franklin St, 14202 354 Franklin St, 14202 333 Linwood Ave, 14209 The proposed construction is primarily renovations and there are no plans to change any of the buildings structurally that will require site plan approval. It is anticipated that 60% of the revenue generating units, or 177 apartments, are expected to be set aside for households with incomes at or below 50% of Area Median Income ( "AMI ") and the remaining 40% of units (118 apartments) will be set aside for households with incomes at or below 60% of AMI. The Linwood Apartment location will service senior citizens and the remaining locations will have no age restrictions. All 295 apartments have Section 8 Housing Assistance. The total development cost is projected to be $42.2 million. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. 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 May 6, 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 County of Erie, Linwood Preservation Housing Development Fund Company, Inc. and Linwood - Allentown Preservation LLC. The project consists of thirteen (13) existing buildings that encompass the acquisition and rehabilitation of 295 apartments currently under tow separate Project Based Section 8 contracts located on ten (10) sites in Buffalo, New York at the following locations: 12 Allen Street 87 Mariner Street 87 Whitney Place 231 West Avenue 361 -77 Busti Avenue 105 -109 Hudson Street 279 -281 Niagara Street 76 Grant Street 367 Franklin Street 354 Franklin Street 333 Linwood The proposed construction is primarily renovations and there are no plans to change any of the buildings structurally that will require site plan approval. It is anticipated that 60% of the revenue generating units, or 177 apartments, are expected to be set aside for households with incomes at or below 50% of Area Median Income( "AMI ") and the remaining 40% of units (118 apartments) will be set aside for households with income at or below 60% of AMI. The Linwood Apartment location will service senior citizens and the remaining locations will have no age restriction. All 295 apartments have Section 8 Housing Assistance. The total development cost is projected to be $42.2 million. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration for the 15 year PILOT. PASSED AYES 9, NOES 0 NO. 977 MODIFICATION TO AGMT -BURR & COB- APPROVAL OF CDBG LOAN TISHMAN BUILDING REHAB 1. Modification to Subrecipient Agreement between the City of Buffalo Urban Renewal Agency ( "BURA ") and the City of Buffalo; and 2. Approval of a $1,100,000.00 Community Development Block Grant (CDBG) economic development loan for the Tishman Building Rehabilitation PRIOR COUNCIL REFERENCE: Item #00013, CCP July, 9, 2013 (2013 Annual Action Plan) Item #61, CCP April 30, 2013 This Honorable Body previously approved a Subrecipient Agreement (the "Subrecipient Agreement ") between the City of Buffalo Urban Renewal Agency (BURA) and the City of Buffalo on April 30, 2013 that provided for BURA to administer and manage certain portions of City of Buffalo CDBG programs. The Subrecipient Agreement was thereafter modified to extend the term of the Subrecipient Agreement until September 30, 2014. 1 am now requesting that this Honorable Body 1. approve a modification of the Subrecipient Agreement between the City of Buffalo and BURA, and 2. approve a loan of CDBG funds in the amount of $1,100,000 to be made by BURA to Hamister Hospitality Wake, LLC ( "Borrower ") in conjunction with the Borrower's rehabilitation and redevelopment of the Tishman Building located at 447 Main Street aka 10 Lafayette Square, Buffalo, NY 14203. The modification to the Subrecipient Agreement is necessary to expand the administration and management scope of work to be performed by BURA under the Subrecipient Agreement to include administration and management of the economic development loan related to the Tishman Building Rehabilitation and to further authorize disbursement by the City of Buffalo to BURA of CDBG funds in the amount of $1,100,000.00 and thereafter for BURA to originate and effectuate a loan in the amount of $1,100,000 at a fixed interest rate of 3.25% for 10 years from BURA to the Borrower. The subject CDBG loan, for which approval is hereby sought, is a CDBG funded economic development loan in the amount of $L100,000.00 (the "Loan "). The Loan was previously included in Year 39 Annual Action Plan approved by Council. A request for proposals (RFP) was issued in March 2012 by BURA for CDBG funds resulting in eight proposals submitted in April 2012. The Tishman project satisfied a National Objective as defined by the US Department of Housing and Urban Development (HUD). The project is eligible because of the jobs being created. The Tishman project will transform the predominately vacant office building into a mixed -use development consisting of a 122,080 sq. ft. 123 room hotel, 18 market rate apartments and 21,000 s q. ft. of office space serving as the corporate headquarters for The Hamister Group, Inc. The adaptive reuse of a historic structure would not have occurred without this financial commitment. HUD approved the Request for Release of Funds and issued the Authority to Use Grant Funds on October 5, 2013. Underwriting for the Loan was conducted by the New York Business Development Corporation ( NYBDC) and approved by the BURA Loan Committee. NYBDC is recognized nationally as an expert in lending and underwriting best practices and provided an independent third party analysis of the Loan. The Loan will specifically fund the purchase of certain equipment, machinery, furniture and fixtures for the Hotel. Invoices, not estimates or proposals, will be required to substantiate Loan disbursements. M &T Bank as construction lender is monitoring the Tishman rehabilitation construction project. There will be approximately two (2) BURA Loan disbursements beginning in July 2014. Loan disbursements will be made directly to the Borrower's suppliers and /or reimbursed to the Borrower for certain purchases made and substantiated. A personal guarantee for the $1,100,000.00 Loan amount will be given by the principal of the Borrower. Collateral will include a third (3 -) mortgage and an assignment of leases and rents on the Tishman rehabilitation premises, subject to a first mortgage held by M &T Bank in an amount not to exceed $17,000,000.00 and a second mortgage held by M &T Bank in an amount not to exceed $8,853,792.00 and a third in priority security interest in the Equipment, Machinery, Furnishings and Fixtures purchased with loan proceeds, subject to a first security interest held by M &T Bank in an amount not to exceed $17,000,000.00 and second security interest held by M &T Bank in an amount not to exceed $8,853,792.00. The Loan documents will include a provision to the effect that upon written notice given to BURA by the City of Buffalo so requesting, the Loan and the Loan related documents will be assigned by BURA to the City of Buffalo. Regardless, if loans are assigned or not, all loan payments from Borrower will be remitted directly to the City. Equal Employment and MM/BE Provisions: As an added community benefit of the project, the City has required the Borrower to pursue, and all indications are that it will be met, a minority and woman workforce goal of 30% and a minority and woman owned business enterprise ( "MM/BE ") utilization goal of 30% of the project construction cost. Compliance with these standards in a private development project is not required by HUD on this project and highlights the importance of the City's commitment to diversity on major development projects. Employment Objective: Borrower agrees to achieve or through business tenants create seven full time jobs and 48 part time jobs and give preference to persons residing within the limits of the City of Buffalo when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business within the City of Buffalo and or increase employment opportunities for Buffalo residents. At least 51 % of jobs created will be held by low to moderate income persons pursuant to HUD Section 8 Income Guidelines. The City has also required the Borrower to use commercially reasonable efforts to cause Hamister Hospitality Wake, LLC and Hamister Hospitality North Carolina, LLC, to list all new employment opportunities generated at the Project with the Department of Labor, Buffalo Employment Training Center (BETC) and Workforce Investment Board (WIB). The Office of Strategic Planning is requesting that Your Honorable Body: 1. Authorize the Mayor to execute the amendment to the Subrecipient Agreement and related documentation as shall be required or useful in facilitating the City of Buffalo Urban Renewal Agency's administration, management and lending of CDBG funds in the amount of $1,100,000 to the Borrower related to the Tishman Building Rehabilitation; 2. Approve the disbursement by City of CDBG funds to BURA in the amount of $1,100,000.00 for purposes of BURA lending that same amount of CDBG funds to the Borrower for the Tishman Building Rehabilitation ; 3. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amendment to the Subrecipient Agreement and other necessary documentation wherever necessary for execution and actual implementation of said Subrecipient Agreement amendment and CDBG economic development Loan to be originated, disbursed, administered and managed by BURA as lender and all loan payments will be remitted directly to the City with notice to BURA; and 4. Grant the Office of Strategic Planning Executive Director the authorization to trigger the post - closing Loan assignment by BURA to the City of Buffalo of the Tishman Loan at the discretion of the said Executive Director. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated May 13, 2014, be received and filed; and That the Common Council hereby approves the modification of the Subrecipient Agreement between the City of Buffalo Urban Renewal Agency ( "BURA ") and the City of Buffalo that provided for BURA to administer and manage certain portions of City of Buffalo Community Development Block Grants ( "CDBG ") programs; and hereby approves a loan of CDBG funds in the amount of $1,100,000.00 to be made by BURA to Hamister Hospitality Wake, LLC ( "Borrower ") in conjunction with the Borrower's rehabilitation and redevelopment of the Tishman Building located at 447 Main Street a /k/a 10 Lafayette Square, Buffalo, New York 14203; and That the Common Council hereby authorizes the Mayor to execute the amendment to the Subrecipient Agreement and related documentation as shall be required or useful in facilitating the City of Buffalo Urban Renewal Agency's administration, management and lending of CDBG funds in the amount of $1,100,000.00 to the Borrower related to the Tishman Building; and That the Common Council hereby approves the disbursement by the City of Buffalo of CDBG funds to BURA in the amount $1,100,000.00 for purposes of BURA lending that same amount of CDBG funds to the Borrower for the Tishman Building Rehabilitation; and That the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amendment to the Subrecipient Agreement and other necessary documentation wherever necessary for the execution and actual implementation of said Subrecipient Agreement amendment and CDBG Economic Development Loan to be originated, disbursed, administered and managed by BURA as lender and all loan payments will be remitted directly to the City with notice to BURA; and That the Common Council hereby grants the Executive Director of the Office of Strategic Planning the authorization to trigger the post - closing loan assignment by BURA to the City of Buffalo of the Tishman loan at the discretion of the said Executive Director. PASSED AYES - Fontana, Franczyk, Golombek, Pridgen, Rivera, Scanlon, Smith, Wyatt -8, NOES- LoCurto -1 NO. 978 REPORT OF SALE - FORMER ENGINE 24 /HOOK & LADDER 7 110 LEROY LOT SIZE: 60 X 150' (TO BREWSTER) ASSESSED VALUE: LAND $4,500 IMPROVEMENTS: $170,700 TOTAL: $175,200 MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Mr. John Ciminelli, LP Ciminelli, 2421 Main Street, Buffalo, New York 14214 to acquire 110 Leroy (former Engine No. 24, Hook &Ladder No. 7). Mr. Ciminelli intends to renovate the former firehouse into a living unit for his personal residence along with one additional sublet apartment. He has estimated the cost of renovations to be approximately $185,000. John Ciminelli has provided proof of financial ability to complete the purchase and repair of the property. The former firehouse is a two story building consisting of approximately 10,306 sq. ft, situated on a lot approximately 60'x 150', built in 1893. The building itself is dilapidated and currently non - habitable. It will require substantial renovations and repairs to become usable. 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. In accordance with Chapter 168 -5 of the City Charter under Environmental Review - actions or classes which have been determined not to have significant adverse impact on the environment are classified as Type II actions. They do not require environmental impact statements or any other determination or procedure under this chapter. Section 168 -5 (B) (8) exempts the disposition, including sale, lease or other transfer of City owned property, provided that such parcel is less than 50 acres in size. In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, Mr. Ciminelli commissioned M. Scott Allen of G.A.R. Associates and he has estimated the value of 110 Leroy to be Twenty -Two Thousand Dollars ($22,000). Mr. Allen has also indicated that based on the age and condition of the building he is estimating a Forty Thousand Dollars ($40,000) cost related to asbestos and lead paint remediation required as part of any future remediation activity. The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. Mr. John Ciminelli has agreed and is prepared to pay Twenty -Two Thousand Dollars ($22,000) for said property. The subject property shall be sold on condition that John Ciminelli agrees to accept the property in "as is" condition; pay for the title search and title report, survey, transfer tax and recording fees; and provide the City of Buffalo with full release and indemnify the City as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. I am recommending that Your Honorable Body approve the abandonment and sale of former Engine No. 24 /Hook & Ladder No. 7 located at 110 Leroy to John Ciminelli or an entity to be designated by John Ciminelli the amount of Twenty -Two Thousand Dollars ($22,000.00) on condition: 1. That John Ciminelli or an entity to be designated by John Ciminelli accepts title in "as is condition "; 2. That John Ciminelli or an entity to be designated by John Ciminelli pays for all closing costs including but not limited to title search and report, survey, transfer tax, recording fees, etc.; 3. That John Ciminelli or an entity to be designated by John Ciminelli will provide a signed full release and indemnify the City as to environmental and other matters regarding this property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated May 5, 2014, be received and filed; and That the offer from the Mr. John Ciminelli of LP Ciminelli, 2421 Main Street, Buffalo, New York 14214, in the amount of Twenty -Two Thousand Dollars ($22,000.00) for the purchase of 110 Leroy (former Engine No. 24 /Hook & Ladder No. 7) be and hereby is accepted upon the following conditions: 1. That John Ciminelli or an entity to be designated by John Ciminelli accepts title in "as is condition "; 2. That John Ciminelli or an entity to be designated by John Ciminelli pays for all closing costs including, but not limited to, title search and report, survey, transfer tax, recording fees, etc.; and 3. That John Ciminelli or an entity to be designated by John Ciminelli will provide a signed full release and indemnify the City as to environmental and other matters involving this property; 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. 979 REPORT OF SALE 238 NORTHAMPTON, MULTIPLE DWELLING LOT SIZE: 30'X 135' ASSESSED VALUATION: LAND: $ 1,400 IMPROVEMENT: $6,800. TOTAL: $8,200. 240 NORTHAMPTON, VACANT LOT LOT SIZE: 36'X 135' ASSESSED VALUATION: $1,700 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Elvin Waight on behalf of Home Budgeting Made Easy, LLC, P.O. Box 623, Westminster, MD 21158 to purchase 238 and 240 Northampton. Home Budgeting Made Easy, LLC intends to renovate the multiple dwelling for use as rental income and utilize the adjacent vacant lot at 240 Northampton for additional green space. Home Budgeting Made Easy, LLC is utilizing a local a local handyman /caretaker, Mr. Donald Cathcart, 89 Johnson Street, Buffalo, New York 14211. Home Budgeting Made Easy, LLC has estimated the cost of renovations to be $54,350, which were reviewed by the Division of Real Estate. Home Budgeting Made Easy, LLC has provided proof of financial ability to complete the purchase and repair the property. The property at 238 Northampton is a multiple dwelling (4 units) consisting of approximately 3,574 square feet. The property was acquired by the City through In Rem #42, in October 2013, Serial No. 2207. A building permit will be required for the improvement to this property. The property at 240 Northampton was acquired by the City through In -Rem 32, Serial No. 845 in October 1998 and demolished in September 2004. 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. Mr. Waight commissioned Mr. Louis N. Taravella, Appraiser to estimate the fair market value of 238 & 240 Northampton. Mr. Taravella has established the fair market value of the properties to be Four Thousand Dollars ($4,000). The appraisal report was submitted to the City of Buffalo Appraisal Review Board for review and the Board concurs with the appraiser's estimate of value. Me. Elvin Waight on behalf of Home Budgeting Made Easy, LLC has agreed and is prepared to pay Four Thousand Dollars ($4,000) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 238 & 240 Northampton to Home Budget Made Easy, LLC for the amount of Four Thousand Dollars ($4,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ONLEGISLATION NO. 980 REQUEST TO INCREASE THE AMOUNT OF FUNDS PROVIDED TO WENDEL IN THE LWRP CONTRACT AGREEMENT WITH THE CITY. PRIOR COUNCL REFERENCE: Item No. 2, C.C.P. 09/20/11; Item No. 6, C.C.P. 07/10/12 The Office of Strategic Planning requests that your honorable body authorize the OSP to enter into an agreement with Wendel W.D. Architecture, Engineering, Surveying & Landscape Architecture, P.C. (Wendel), formerly known as Audubon Architecture, Engineering, Surveying & Landscape Architecture, P.C. (Wendel), that will expand their scope of work on the Local Waterfront Revitalization Plan (LWRP). The expanded scope of work will increase the contract amount of funds paid to Wendel, through agreement with the City, from $34,500 to $83,885.The full contract amount is covered through New York State Department of State Grant #6909 -Local Waterfront Revitalization Plan; the contract for the NYDOS grant was previously approved by the Common Council (Item No. 2, C.C.P. 09/20/11). The original City of Buffalo agreement with Wendel (Item No. 6, C.C.P. 07/10/12) directed them to revise and update the draft Local Waterfront Revitalization Plan to be consistent with the Green Code and Brownfield Opportunity Areas Initiatives. Wendel has completed this work. Under the original agreement, Wendel will receive $34,500. The NYDOS has requested that further refinements and revisions be made to the LWRP that will reflect recent agreements between the State and the City and will prepare the document for public review. Wendel's expanded scope of work, as described in the attached proposal, will include: mapping, developing graphics, branding, document formatting and upgrading document presentation. Wendel presented the proposal to the OSP on 1/31/14. The fee for this work will be $49,385. The Local Waterfront Revitalization Plan (LWRP) is designed to give more detail to New York State's Coastal Management Program. After a Local Waterfront Revitalization Plan is approved by the New York State Secretary of State, State agencies must take actions consistent with the plan. Further, upon agreement by the federal government, the actions of federal agencies must also be consistent with the plan. The LWRP is one of the components of the Buffalo Consolidated Development Framework (BCDF) with the Green Code and Brownfield Opportunity Areas. The BCDF is the overarching environmental review of all of the actions to ensure that no adverse impacts result from the adoption or implementation of the initiatives. The Office of Strategic Planning requests that your Honorable Body authorize the Mayor or his designee to execute the attached Agreement Modification to have Wendel undertake the work described in the proposal that is attached to the Agreement Modification and further authorize OSP and City personnel to take such actions as to implement the objectives of the proposal and the agreement as modified by the Agreement Modification consistent with grant funding requirements associated with the LWRP. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 15, 2014, be received and filed; and That the Executive Director of the Office of Strategic Planning, be, and he hereby is authorized to enter into an Agreement Modification with Wendel W. D. Architecture, Engineering, Surveying & Landscape Architecture, P.C. ( "Wendel "), formerly known as Audubon Architecture, Engineering, Surveying & Landscape Architecture, P.C., that will expand their scope of work on the Local Waterfront Revitalization Plan ( "LWRP "). The expanded scope will increase the contract amount of funds paid to Wendel, through an agreement with the City, from $34,500.00 to $83,885.00. The full contract amount is covered through New York State Department of State Grant #6906 -Local Waterfront Revitalization Plan, which was previously approved by the Common Council. That the Common Council hereby authorizes the Mayor or his designee to execute the Agreement Modification to have Wendel undertake the work described in the proposal attached to the Agreement Modification, and further authorizes Office of Strategic Planning and City personnel to take such actions as to implement the objectives of the proposal and agreement as modified by the Agreement Modification consistent with grant funding requirements associated with the LWRP. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 981 BOND ACCOUNT CLOSEOUTS The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00) The following accounts listed on the attachment have either: 1) A balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Unencumbered Account #: Account Name Balance Total Various -See attached Various -See attached $493,427.60 REFERRED TO THE COMMITTEE ON FINANCE NO. 982 2014 -2015 BUDGET Pursuant to § 20 -7 of the Buffalo City Charter, attached herewith is the Comptroller's assessment of the accuracy of the revenue and expenditure estimates of the 2014 -2015 budget and the 2014 -2018 four -year financial plan. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 983 CERTIFICATE OF NECESSITY - POLICE AND FIRE Increased Appropriation We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 of the Charter, that an increase in the sum of $6,270,000 in the estimate for the fiscal year beginning July 1, 2013 is necessary in the Department of Police and Fire to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Unreserved, appropriated for this purpose. The details of the requirements are set forth below: From: 10700096- 397000 Fund Balance- Unreserved $6,270,000 To: 12005001 - 411001 Police — Salaries $1,190,080 12132001- 411001 Fire — Salaries $2,829,920 17301001 - 411002 Fire Duty Disability $2,250,000 RECEIVED AND FILED NO. 984 CERTIFICATE OF NECESSITY - BUILDINGS - REPAIRS Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 1,055.76 be transferred and reappropriated as set forth below: From: 10220006 - 434000 Neighborhood Initiatives $ 1,055.76 To: 13296006- 443200 Buildings — Repair $ 1,055.76 RECEIVED AND FILED NO. 985 CERTIFICATE OF NECESSITY - UNIVERSAL WASTE MANAGEMENT Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $100,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Planning $100,000 To: 30091406 - 445100 Universal Waste Management $100,000 RECEIVED AND FILED NO. 986 INTERFUND LOAN POLICE PRECINCT RENOVATIONS As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $400,000 against the 2013 City Capital Improvements Budget for the Police Department Precinct Renovations. The loan of $400,000 will be repaid when Bond Anticipation Notes (BANs) or Bonds are issued in Fiscal year 2014 -15. From To Account Repayment Date Total General Fund Capital Projects - Police 37201506 April 2015 $400,000 Precinct Renovations 13 Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds and /or BANs for City projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there is one City project with an interfund loan amount of $470,467 outstanding. If this current request is approved, the City will be committed to $870,467' in projects. 2013 Capital Budget $ 21,801,885.00 Bonds /BAN's Issued (18,549,168.00) Authorized but Unissued Projects 3,252,717.00 Approved Interfund Loan - Hatch Restaurant Additions (470,467.00) Requested Interfund Loan - Police Precinct Renovations (400,000.00) 2013 Unfunded Projects $ 2,382,250 00 2014 Capital Budget $ 22,900,000.00 Bonds /BAN's Issued (16,058,000.00) $ 6,842,000 00 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above Communication from the Office of the Comptroller, dated May 8, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $400,000.00 against the 2013 City Capital Improvements Budget for the Police Department Precinct Renovations. The loan of $400,000.00 will be repaid when Bond Anticipation Notes (BANs) or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES 9, NOES 0 NO. 987 APPOINT HUD GRANT FISCAL ADMINISTRATOR (PERM)(MAX)(HLAVATY) Certificate of Appointment Appointment effective May 1, 2014 in the Department of Audit to the position of HUD Grant Fiscal Administrator Permanent Open- Competitive Maximum Starting Salary of $65,398. Aubrey Hlavaty, 534 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 988 APPOINT ASSISTANT AUDITOR(STEP 12)(COSTNER) Appointment effective May 5, 2014 in the Department of Audit to the Position of Assistant Auditor Permanent Open- Competitive, Step 12 Starting Salary of $39,688. Carlos Costner, 89 Sumner Place, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 989 APPOINT ASSISTANT FINANCIAL OPERATIONS ADM INISTRATOR(PERM)(STEP 15)(FANTON) Appointment effective May 6, 2014, in the Department of Audit to the position of Financial Operations Administrator Permanent Open- Competitive Step 15 Starting Salary of $62,110.00 Richard Fanton, 193 Woodside Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 990 FINAL REAL ESTATE VALUES FOR 2014 -2015 FY Dear Board Members: The following are the Final Real Estate Values for the 2014 -2015 fiscal year. Total Assessed Real Estate $9,773,810,344 Plus Special Franchise Assessment 378,939,027 Total Assessed Valuation 10,112,749,371 Less No Taxable Real Estate 3,628,375,420 Railroad Exemption 50,851,697 Tax Base for General city Purpose 6,433,522,254 Plus Veterans and Senior Citizens Exemptions subject to School Tax 82,825,264 Tax Base for Board of Education Purposes 6,516,347,518 City Homestead 4,207,632,886 City Non - Homestead 2,225,889,368 School Homestead 4,289,575,513 School Non - Homestead 2,226,772,005 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 991 CHANGE IN CONTRACT [CONTRACT # H0000128 JFK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 14201 ITEM NO. 18, CCP10/16/2013 I hereby submit to Your Honorable Body the following change for the JFK Community Center Rehabilitation Project, Goodwin Electric, Contract No. H0000128. 1) This change includes labor and materials required for the unforeseen Relocation or removal of existing conduit. In one room, live wires were discovered under the original finished floor, these wires were disconnected. The foregoing change results in a net increase of the previously approved amount of Eight Hundred Fifty Eight Dollars and 00/100 ($858.00). Previously approved amount .......................................................................................................... ............................... $ 31,350.00 Amount to be approved with this Change Order ................................................................................. ............................... $858.00 Revisedamount .............................................................................................................................. ..............................$ 32,208.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account CH9M2067 -47000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated May 6, 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 $858.00 (Original Contract Amount $31,350.00 + Change Order #1 $858.00 for a Revised Contract Amount of $32,208.00) for the JFK Community Center Rehabilitation Project, to GoOdwin Electric, C #H0000128. Funding is available in Account #CHgM2067 -47000 - Buildings. PASSED AYES — 9 NOES — 0 NO. 992 CHANGE IN CONTRACT CONTRACT #H0000147 MATT URBAN COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 10204 NO. 19 CCP 10/15/14 I hereby submit to Your Honorable Body the following change for the Matt Urban Community Center Rehabilitation Project, Miller Enterprises, Inc., Contract # H0000147. 1. Front entrance changes including lowering existing planter walls and capping them, extending new railing and new aluminum treads over stairs. The foregoing change results in a net increase of the previously approved amount of Fifteen Thousand One Hundred Fifty One Dollars and 00/100 ($15,151.00). Previously approved amount ..................................................................................... ............................... ....................$133,100.00 Amount to be approved with this Change Order ............................................................................. .............................. 15,151.00 Revisedamount ........................................................................................................ ............................... ....................$148,251.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in CH9M2047 - 47000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated May 6, 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 $15,151.00 (Original Contract Amount $133,100.00 + Change Order #1 $15,151.00 for a Revised Contract Amoun of $148,251.00) for the Matt Urban Community Center Rehabilitation Project, to Miller Enterprises, C #H0000147. Funding is available in Account #CH9M2047 -47000 - Buildings. PASSED AYES — 9 NOES — 0 NO. 993 INCREASE IN ENCUMBRANCE NUSSBAUMER & CLARKE, INC. CITY -WIDE YR -38 CDBG STREETS IMPROVEMENTS CONSULTING SERVICES CONTRACT #H0000058 #17 OF 3/5/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide consulting services for additional work that will be performed as a result of additional funds that were added by the approved CDBG amendment. The final amount of this change order will be subject to negotiation of additional time to be spent at the hourly rates approved in the original contract. Existing Contract Amount $193,600.00 Increase in Contract (not to exceed) $150,000.00 $343,600.00 Funds are available in Capital Projects Account # CH9132027- 470000 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Nussbaumer & Clarke, Inc. 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 May 7, 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 an amount not to exceed $150,000.00 (Original Contract Amount $193,600.00 + Change Order #1 $150,000.00 for a Revised Contract Amount of $343,600.00) for the Citywide Sidewalk Streets Improvements Services Contract with Nussbaumer & Clarke, Inc., C #H0000058. Funds are available in Capital Projects Account #CHgB2027- 470000 and /or another account(s) to be named at a future date. PASSED AYES — 9 NOES — 0 NO. 994 INCREASE IN ENCUMBRANCE WATTS ARCHITECTURE & ENGINEERING CITY -WIDE YR -39 CDBG STREETS IMPROVEMENTS CONSULTING SERVICES CONTRACT #H0000166 #23 OF 11/26/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide consulting services for additional work that will be performed as a result of additional funds that were added by the approved CDBG amendment. The final amount of this change order will be subject to negotiation of additional time to be spent at the hourly rates approved in the original contract. Existing Contract Amount $76,755.00 Increase in Contract(Not to Exceed) $150,000.00 Total Contract to Date(Not to Exceed $226,755.00 Funds are available in Capital Projects Account # C19132027- 470000 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Watts Architecture & Engineering. 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 May 7, 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 an amount not to exceed $150,000.00 (Original Contract Amount $76,755.00 + Change Order #1 $150,000.00 for a Revised Contract Amount of $226,755.00) for the Citywide Sidewalk Streets Improvements Services Contract with Watts Architecture & Engineering, C #H0000166. Funds are available in Capital Projects Account #C19132027- 470000 and /or another account(s) to be named at a future date. PASSED AYES — 9 NOES - 0 NO. 996 PERMISSION TO HIRE CONSULTANT FOR ENGINEERING SERVICES LED STREET LIGHT CONVERSION ELMWOOD AVE. - FOREST AVE. TO ROUTE 198 DELAWARE AND NIAGARA DISTRICTS I hereby request permission from Your Honorable Body to hire an Engineering Consultant for the design, construction management and inspection of an LED Street Light Conversion project along Elmwood Ave. from Forest Avenue to Route 198 (Scajaquada Expressway). The funds for these services are available in our Capitol Accounts. In order to move this project forward, this department is requesting permission to take proposals and hire an engineering consultant for the design, construction management and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this department to enter into all necessary agreements. These agreements would enable this department to administer the project and will cover all other necessary tasks needed to complete the project. 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 take proposals and hire an engineering consultant to for the design, construction management and inspection of an LED Street Light Conversion project along Elmwood Avenue from Forest Avenue to Route 198 (Scajaquada Expressway); 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 to administer the project and cover all other necessary tasks needed to complete the project. PASSED AYES — 9 NOES — 0 NO. 996 REPORT OF BIDS DISTRICT HEAT SYSTEM RECONFIGURATION [FILLMORE DISTRICT I asked for on March 18, 2014, and received the following formal sealed bids for District Heat System Reconfiguration, which were publicly opened and read on May 6, 2014. MLP Plumbing & Mech., Inc. DV Brown Associates Colgate Industries I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a Base Bid of $214,500.00, for a total bid of Two Hundred Fourteen Thousand Five Hundred and 00/100 Dollars ($214,500.00) 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 on the basis of the lowest responsible bids. Funding for this project is available in Account No. 31320306 445100, Account No. 32320806 445100, and Account No. 33321506 445100- Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 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 District Heath System Reconfiguration with MLP Plumbing & Mechanical, Inc., with abase bid of $214,500.00. Funding for this project is available in Account #32320806 445100 and Account #33321506 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 997 REPORT OF BIDS - CORRECTION DUDLEY LIBRARY PARTIAL RECONSTRUCTION JOB NO. 1408 SOUTH DISTRICT ITEM NO. 771 CCP 4/15/14 1 asked for on March 18, 2014, and received the following partial reconstruction, which were publicly opened and read on April 8, 2014. Base Bid Alt #1 Alt #2 Nichter Construction $99,000.00 $6,424.00 $2,035.00 Northern Dreams Constr. $105,000.00 $3,750.00 $1,600.00 Miller Enterprises, Inc. $111,000.00 $4,000.00 $6,000.00 'Hadala Construction, Inc. $89,000.00 $7,200.00 $2,500.00 CR Edwards Construction No Bid RB Mac Construction No Bid 'Non Responsive bid per Law Department Alternate #1: Door /Frame Demolition - Southeast Corner, East Elevation Alternate #2: Existing Masonry Removal - South Wall near East Corner I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a Base Bid of $99,000.00, add Alternate #1 for $6,424.00, add Alternate #2 for $2,035.00, for a total bid of On Hundred Seven Thousand Four Hundred Fifty Nine and 00/100 Dollars ($107,459.00) 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 on the basis of the lowest responsible bids. Funding for this project is available in Account No. 33321006 445100 - Buildings and Account No. 35328406 445100. Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 6, 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 Dudley Library partial reconstruction with Titan Development, with a total bid of $107,459.00 (Base Bid of $99,000.00 + Alt. #1 of $6,424.00 +Alt. #2 of $2,035.00 for a Total Bid of $107,459.00). Funding for this project is available in Account #33321006 445100 - Buildings and Account #35328406 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 998 REPORT OF BIDS ENGINEERING GARAGE HVAC CONTROLS SOUTH DISTRICT I asked for on March 18, 2014, and received the following formal sealed bids for Engineering Garage HVAC Controls, which were publicly opened and read on May 6, 2014. Base Bid Alt #1 (Add) Alt #2 (Deduct) MLP Plumbing & Mech., Inc. $288,000.00 $33,700.00 $41,200.00 DV Brown Associates $280,000.00 $17,400.00 $30,000.00 Colgate Industries No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a Base Bid of $288,000.00, deduct Alternate #2 for $41,200.00, for a total bid of Two Hundred Forty Six Thousand Eight Hundred and 00/100 Dollars ($246,800.00) 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 on the basis of the lowest responsible bids. Funding for this project is available in Account No. 33321506 445100 - Buildings, and the 2013 Authorized Capital Improvement Program ($400,000.00); 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 May 7, 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 Engineering Garage HVAC Controls with MLP Plumbing & Mechanical, Inc., with a total bid of $246,800.00 (Base Bid of $288,000.00, deduct Alt. #2 for $41,200.00 for a Total Bid of $246,800.00). Funding for this project is available in Account #33321506 445100 - Buildings and the 2013 Authorized Capital Improvement Program ($400,000.00); unissued, waiting for account number. PASSED AYES — 9 NOES - 0 NO. 999 REPORT OF BID LARGE WATER METER REPLACEMENT PROGRAM This is to advise your Honorable Body that we have received four bids on February 12, 2014 for the replacement of existing large water meters with new meters within the City of Buffalo. The following bids were received for the project: 1 -D.V. Brown & Associates, Inc. $233,650.00 567 Viekers St. Tonawmada, N.Y. 14150 2- Yarussi Construction, Inc. $323,700.00 5650 Simmons Ave. Niagara Falls, N.Y. 14304 3- M.K.S. Phnnbing Corp. $402,000.00 19 Ransier Rd. West Seneca, N.Y. 14224 4 -John W. Danforth Company $424,510.00 300 Colvin Woods Pkwy Tonawanda, N.Y. 14150 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is D. V. Brown & Associates, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 233,650.00 (base bid) plus $ 23,365.00 (10% contingency) for a total contract award of 257,015.00. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 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 replacement of existing large water meters with new meters within the City of Buffalo with D. V. Brown & Associates, Inc., with a total bid of $257,015.00 (Base Bid of $233,650.00 plus a 10% contingency of $23,3650.00 for a Total Bid of $257,015.00). Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1000 RESIDENTIAL WATER METERING PROGRAM This is to advise your Honorable Body that we have received five bids on February 12, 2014 for the installation new radio -read meter registers onto existing residential water meters within the City of Buffalo. The following bids were received for the project: 1- Yarussi Construction, Inc. $ 644,200.00 5650 Simmons Ave. Niagara Falls, N.Y. 14304 2- D.V. Brown & Associates, Inc. $ 727,200.00 567 Vickers St. Tonawanda, N.Y. 14150 3- M.K.S. Plumbing Corp. 19 Ransier Rd. West Seneca, N.Y. 14224 4- Mollen berg- Betz, Inc. 300 Scott St. Buffalo, N.Y. 14204 5 -John W. Danforth Company 300 Colvin Woods Pkwy Tonawanda, N.Y. 14150 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Yamssi Construction Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 644,200.00 (base bid) plus $ 64,420.00 (10% contingency) for a total contract award of $ 708,620.00. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 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 installation of new radio -read meter registers onto existing residential water meters within the City of Buffalo with Yarussi Construction, Inc., with a total bid of $708,620.00 (Base Bid of $644,200.00 plus a 10% contingency of $64,420.00 for a Total Bid of $708,620.00). Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1001 REPORT OF BID PORTER AVENUE 60" WATERMAIN JOINT SEALING PROJECT This is to advise your Honorable Body that we have received bids on March 18, 2014 for the sealing of joints in the 60 -inch watermain leaving the Col Ward Treatment Facility along Porter Avenue. The following bids were received for the project: 1- Kandey Company, Inc. $287,677.00 Base Bid 19 Ransier Drive, Ste, #1 West Seneca, N.Y. 14224 $25,000.00 Alt A $40,000.00 Alt B $353,077.00 Total Bid K Cerrone, Inc. $278,000.00 2368 Maryland Ave. Niagara Falls, N.Y. 14305 $80,000.00 Alt A $48,000.00 Alt B $406,000.00 Total Bid Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Kandey Company, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 353.077.00 (base bid) plus $ 35,307.70 (10% Contingency) for a total contract award of$ 388,384.47. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 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 sealing of joints in the 60 -inch watermain leaving the Col. Ward Treatment Facility along Porter Avenue with Kandey Company, Inc., with a total bid of $388,384.47 (Base Bid of $353,077.00 plus a 10% contingency of $35,307.70 for a Total Bid of $388,384.47). Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1002 REPORT OF BID ASS AVE PUMP STATION TRANSFORMER AND CIRCUIT BREAKER TESTING This is to advise your Honorable Body that we have received four bids on February 5, 2014 for a series of tests on three transformers and three associated circuit breakers at the Massachusetts Avenue Pump Station. The following bids were received for the project: 1 -Frey Electric Construction Co. $2,928.00 100 Pearce Ave. Tonawanda, N.Y. 14150 2- O'Connell Electric Co. $4,485.00 929B Ransom Rd Lancaster, N.Y. 14086 3- Ferguson Electric Service Co., Inc. $4,784.00 321 Ellicott St. Buffalo, N.Y. 14203 4 -HMT, Inc. $7,100.00 6268 Route 31 Cicero, N.Y. 13039 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Frey Electric Construction Co. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 2,928.00 (base bid) plus $ 292.80 (10% contingency) for a total contract award of $3,220.80. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 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 a series of tests on three transformers and three associated circuit breakers at the Massachusetts Avenue Pump Station with Frey Electric Construction Co., with a total bid of $3,220.80 (Base Bid of $2,928.00 plus a 10% contingency of $292.80 for a Total Bid of $3,220.80). Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1003 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CONSTRUCTION PHASE SERVICES FOR THE FLUORIDE SYSTEM AND CHLORINE SCRUBBER SYSTEM IMPROVEMENT PROJECT AT THE COLONEL WARD TREATMENT FACILITY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire CDM Smith for construction phases services including construction administration and resident inspection for the Fluoride System and Chlorine Scrubber System Improvement Project. The consultant was chosen through a Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in a Division of Water account(s) 53230796 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 5, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire CDM Smith for construction phase services, including construction, administration and resident inspection for the Fluoride System and Chlorine Scrubber System Improvement Project. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water Account #53230795 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1004 REPORT OF EMERGENCY BID ROOF REPAIR AT COL WARD FILTER BUILDING This is to advise your Honorable Body that we have received emergency bids by invitation on April 24, 2014 for the repair of the roof of the Col. Ward Filter Building. The following bids were received for the project: 1 -Grove Roofing Services, Inc. $9,250.00 131 Reading Street Buffalo, NY 14220 2 -Jos. A. Sanders & Sons, Inc. $12,388.00 PO Box 814 Buffalo, NY 14240 3- Jameson Roofing Co., Inc. $20,951.00 106 Evans Street Hamburg, NY 14075 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Grove Roofing Services, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 9,250.00 (base bid) plus $ 925.00 (t 0% contingency) for a total contract award of $10,175.00. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department Of Public Works, Parks and Streets, dated April 30, 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 repair of the roof of the Col. Ward Filter Building with Grove Roofing Services, Inc. in the amount of $10,175.00 (Base Bid of $9,250.00 plus 10% contingency of $925.00 for a Total Contract Amount of $10,175.00). The funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1006 PERMISSION FOR NO COST CHANGE OF THE SCOPE OF SERVICES OF CONSULTING ENGINEER FOR THE FLUORIDE SYSTEM IMPROVEMENT PROJECT AT THE COLONEL WARD TREATMENT FACILITY (CONTRACT 93001146) 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks end Streets to grant permission to change the scope of contract 93001146, Fluoride System Improvements, at no cost increase. The change is to include engineering services for the Chlorine Scrubber System improvements to the existing Fluoride contract. The change is to remove the construction phase services portion of contract 93001146 and include the engineering services for the Chlorine Scrubber System Improvements. The Chlorine Scrubber System Project schedule has been accelerated and must be completed expeditiously to help ensure the safety of our drinking water. Both the Fluoride and Chlorine Scrubber systems are critical components of the treatment process and must be improved in order to ensure compliance with all regulations. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks, and Streets, dated May 5, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to change the scope of Contract #93001146, Fluoride System Improvements, at no cost increase. The change is to include engineering services for the Chlorine Scrubber System improvements to the existing fluoride contract, to remove the construction phase services portion of Contract #93001146 and to include the engineering services for the Chlorine Scrubber System Improvements. PASSED AYES 9, NOES 0 NO. 1006 REQUEST PERMISSION TO REDUCE CONTRACT RETAINAGE CITY HALL FIRE ALARM UPGRADES JOB #0807 FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to reduce the retainage on Ferguson Electric Construction Co., Inc., contract # 93001115, in the amount of $19,780.75. The construction project has been delayed because of no fault of the contractor for approximately one year. The reduction in the retainage amount of $19,780.75 will eliminate the cash flow problem the delay is causing the contractor to meet his vendor payments. 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 May 7, 2014; be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Work, Parks and Streets to reduce the retainage on Ferguson Electric Construction Co., Inc., Contract #93001115, in the amount of $19,780.75 for the City Hall Fire Alarm Upgrades. PASSED AYES 9, NOES 0 NO. 1007 APPOINT TRUCK DRIVER (TEMP)(INTER)(ROSE) Certificate of Appointment Appointment effective April 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 Gene Rose, 250 Shirley Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE 09- FBI - 002303 245D -BF -39564 5,334.95 (15% SAFF DEP #19) The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 1009 APPOINT POLICE INSPCETOR(PERM)(FLAT)(BLOSAT) Certificate of Appointment Appointment effective May 7, 2014 in the Department of Police Division of Patrol to the Position of Police Inspector Permanent Promotion Flat Starting Salary of $93,681. Gregg G. Blosat, 181 Sterling Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 1010 KALEIDA HEALTH REQUEST FOR AN AIR RIGHTS EASEMENT AT ELLICOTT STREET NEAR GOODRICH STREET FOR KALEIDA TO CONSTRUCT A TWO STORY ENCLOSED PERMANENT OVERHEAD PEDESTRIAN BRIDGE ABOVE THE ELLICOTT STREET RIGHT OF WAY SURFACE TO CONNECT THE NEW WOMEN'S AND CHILDREN'S HOSPITAL TO BUFFALO GENERAL HOSPITAL ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate received a request from Kaleida Health requesting that the City grant Kaleida an air rights easement over a portion of Ellicott Street allowing Kaleida to construct a two story enclosed permanent overhead pedestrian bridge connecting the new Women's and Children's Hospital facility building at 818 Ellicott Street to the Buffalo General Hospital building. I have attached the proposed Air Rights Easement Agreement for your review and approval The air rights easement will help facilitate the redevelopment of the 818 Ellicott Street site into the new Women's and Children's Hospital. The Office of Strategic Planning supports the proposed overhead pedestrian bridge. The Department of Public Works, Parks & Streets has indicated that they have no objections to the proposed overhead pedestrian bridge based on the preliminary layout and believes any issues that arise can be readily addressed and responsibly handled. FROM THE COMMISSIONER OF POLICE NO. 1008 DRUG ASSET FORFEITURE WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 2/2/88 09-FBI-002303 245D-BF-39564 2,625.45 09-FBI-002428 245D-BF-39564 9,560.40 13-DEA-589552 C2 -13 -0073 1,167.30 14 -DEA- 591173 C2 -14 -0022 2,899.80 14 -DEA- 590791 C2 -14 -0013 1,722.00 14 -DEA- 591705 C2 -14 -0027 1,932.00 14 -DEA- 591938 C2 -14 -0033 4,914.00 14 -DEA- 591771 C2 -14 -0031 1,753.80 13 -DEA- 587824 C2 -13 -0147 2,359.10 14 -DEA- 592364 C2 -10 -0144 1,297.54 09- FBI - 002303 245D -BF -39564 5,334.95 (15% SAFF DEP #19) The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 1009 APPOINT POLICE INSPCETOR(PERM)(FLAT)(BLOSAT) Certificate of Appointment Appointment effective May 7, 2014 in the Department of Police Division of Patrol to the Position of Police Inspector Permanent Promotion Flat Starting Salary of $93,681. Gregg G. Blosat, 181 Sterling Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 1010 KALEIDA HEALTH REQUEST FOR AN AIR RIGHTS EASEMENT AT ELLICOTT STREET NEAR GOODRICH STREET FOR KALEIDA TO CONSTRUCT A TWO STORY ENCLOSED PERMANENT OVERHEAD PEDESTRIAN BRIDGE ABOVE THE ELLICOTT STREET RIGHT OF WAY SURFACE TO CONNECT THE NEW WOMEN'S AND CHILDREN'S HOSPITAL TO BUFFALO GENERAL HOSPITAL ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate received a request from Kaleida Health requesting that the City grant Kaleida an air rights easement over a portion of Ellicott Street allowing Kaleida to construct a two story enclosed permanent overhead pedestrian bridge connecting the new Women's and Children's Hospital facility building at 818 Ellicott Street to the Buffalo General Hospital building. I have attached the proposed Air Rights Easement Agreement for your review and approval The air rights easement will help facilitate the redevelopment of the 818 Ellicott Street site into the new Women's and Children's Hospital. The Office of Strategic Planning supports the proposed overhead pedestrian bridge. The Department of Public Works, Parks & Streets has indicated that they have no objections to the proposed overhead pedestrian bridge based on the preliminary layout and believes any issues that arise can be readily addressed and responsibly handled. In accordance with Article 27.5 of the City Charter, Kaleida commissioned Howard P. Schultz & Associates, LLC, appraisers to estimate the fair market value of the air rights easement area over the subject Ellicott Street property. Mr. Schultz has estimated the fair market value of the air rights easement area to be $32,500. The City of Buffalo Appraisal Review Board concurs with the Appraiser's estimate of the value of the easement area. Kaleida has agreed and is prepared to pay a total of $32,500 for the easement for the use of air rights above a portion of Ellicott Street for the above described overhead pedestrian bridge objectives. Since this involves granting a party (Kaleida Health) easement interests in public space (air rights easement over a section of Ellicott Street), the same procedures involved in an abandonment or closing of a street are advisable and therefore are applicable. Therefore, in accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is to be referred to the City of Buffalo Planning Board for their review and recommendation. The City of Buffalo Planning Board has been involved in concluding the appropriate SEQR related matters regarding the overall Kaleida project. I am recommending that Your Honorable Body approve the proposed Air Rights Easement Agreement between the City and Kaleida Health, providing the following conditions are satisfied: 1. The City of Buffalo Planning Board recommends and or approves the air rights easement to the extent necessary, 2. In accordance with standard abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 27th of May, 2014, 3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council, 4. That the final design /plans in reference to the air rights easement area are to be submitted to the Department of Public Works for their review and approval before construction can start, 5. That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress of any right of way concerns or issues, if and when they should arise, 6. Kaleida Health agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works, 7. Any and all utilities located within and or near the easement areas will be preserved and protected as necessary and /or otherwise addressed to the satisfaction of the Department of Public Works, 8. The official granting of the easement interests over the affected public right of way will not become effective until the Air Rights Easement Agreement creating and conveying the easement interests is filed in the Erie County Clerk's Office, and 9. The terms and conditions of the proposed Air Rights Easement Agreement shall be substantially similar to those outlined in the attached Air Rights Easement Agreement. The final draft of the easement agreement shall be negotiated to finalization and subject to review and approval of the Office of Strategic Planning, the Department of Public Works and the City of Buffalo Corporation Counsel's Office. I am recommending that Your Honorable Body approve the proposed Air Rights Easement Agreement with Kaleida Health in consideration of the foregoing and for payment in the amount of $32,500 for the easement providing the above stated conditions are satisfied and further that Your Honorable Body: 1. Authorize the Mayor to execute the Air Rights Easement Agreement to be negotiated to finalization and approved to form by the Law Department to facilitate the new Women's and Children's Hospital project at 118 Ellicott Street; and 2. Authorize pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Air Rights Easement Agreement and the foregoing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1011 SEQRA KALEIDA HEALTH REQUEST AIR RIGHTS EASEMENT ELLICOTT NEAR GOODRICH (PUBLIC HRG 5/27) State Environmental Quality Review Act Findings Statement in connection with Kaleida Health Request for an Air Rights Easement at Ellicott Street near Goodrich Street for Kaleida to Construct a Two Story Enclosed Permanent Overhead Pedestrian Bridge above the Ellicott Street Right of Way Surface to Connect the New Women's and Children's Hospital to Buffalo General Hospital The attached findings statement is being submitted for your consideration and adoption. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPEMTN FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1012 FOOD STORE (NEW) 864 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 864 BROADWAY (MOHAMMED AL BAADANI /M &S DELI MARKET INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1013 FOOD STORE (NEW) 472 MAIN ST ( ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 472 MAIN ST (SWAROOP KAUR /SHERAWALI INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1014 FOOD STORE (NEW) 1591 SOUTH PARK (LOVE JOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1591 SOUTH PARK (SAVE MORE DELLI & GROCERY /TOWFEEK ALL) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1015 SIDEWALK CAFE 42 WEST CHIPPEWA (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 42 West Chippewa (Bada Bing) and find that as to form is correct. I find it complies with all regulations and other applicable laws. The attached application is thereto for 42 Wet Chippewa. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1016 USED CAR DEALER 2619 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 2619 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 ALEKSANDR ALEKSAYEV. The attached thereto for ALEKSANDR ALEKSAYEV /dba /BUFFALO AUTO GROUP. 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 Permits and Inspection Services, dated April 28, 2014, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Aleksandr Aleksayev d /b /a Buffalo Auto Group, located at 2619 Bailey upon the following conditions: 1. No auto repairs of any type; 2. No more than 40 cars on the lot; 3. No parking of used cars on public streets or sidewalks; 4. Sidewalks and property should always be cleared of debris and snow plowed in the winter; 5. No snow removal from dealership lot into public street (illegal); and 6. Must register with the Better Business Bureau of WNY. PASSED /COND AYES 9, NOES 0 NO. 1017 USED CAR DEALER 305 VULCAN (NORTH) 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 305 Vulcan 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 ANDREY ILYENKO. The attached thereto for ANDREY ILYENKO /dba /STD USED CAR SALES. 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 Permits and Inspection Services, dated May 6, 2014, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Andrey Ilyenko d /b /a/ STD Used Car Sales, located at 305 Vulcan upon the following conditions: 1. No illegal parking of vehicles of any type on public sidewalks; 2. No parking of unregistered or uninspected vehicles on public roadways; 3. No vehicles parked on the outside of the fenced -in area of the property at 305 Vulcan; and 4. Licensee or his agent to attend monthly block club meetings of the Riverside Business Association (usually occur on the third (3 Tuesday of the month at 6:00 p.m. at the library on Tonawanda and Prairie Streets) PASSED /COND AYES 9, NOES 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 1018 APPOINT JUNIOR COLLECTION OFFICER(PERM)(MAX)(SOKOLOWSKI) Certificate of Appointment Appointment effective May 7, 2014 in the Department of Administration, Finance and Urban Affairs Division of Treasury to the Position of Junior Collection Officer Permanent Open- Competitive Maximum Starting Salary of $34,255.00 Kristie Sokolowski, 87 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 1019 ACCEPTANCE OF AGREEMENT BETWEEN THE ERIE COUNTY PROBATION DEPARTMENT AND DIVISION OF YOUTH TO CO- FACILITATE A SERIES OF WORKSHOPS FOR BOY'S COUNCIL PROGRAM (YEAR TWO) AND TO REQUEST A INTER CASH LOAN FOR THE AMOUNT OF $6800.00. TOTAL COST $6800.00 The County of Erie desires that the City of Buffalo Division for Youth co- facilitate a series of workshops following the One Circle Foundation, Council for Boy's curriculum, along with Erie County Probation Department. The term of this agreement shall commence on January 1, 2014 and shall terminate on December 31, 2014. The program provides workshops for at -risk male juveniles who are referred from the Erie County Probation Department. The Council is a strengths - based group approach to promote healthy development for boys and young men from ages 12 -18 years old. Acceptance of Agreement between the Erie County Probation Department and the City of Buffalo Division of Youth Mr. Smith moved: That the above item be, and the above communication from the Division of Youth, dated May 7, 2014, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Division of Youth to accept an agreement between the Erie County Probation Department and the City's Division of Youth to co- facilitate a series of workshops following the One Circle Foundation, Council for Boy's curriculum, along with Erie County Probation Department. The term of this agreement shall commence on January 1, 2014 and shall terminate on December 31, 2014. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 1020 BOARD OF ETHICS MEETING MINUTES - 04/01/2014 Members in Attendance: Douglas Coppola, James Magavern, Cavette Chambers, Elizabeth Hamed. Excused: Gerald Chwalinski, Richard Sullivan, Eleanor Paterson Guest: Mary H. Baldwin Quorum New Business: 1 ) A Transactions Disclosure Statement was submitted by Director of Citizen Services, Oswaldo Mestre, Jr., regarding his attendance at the KANA Connect 2013 business conference. BOE needs clarity of his expenses. A sterner letter was sent to Director Mestre; he was invited to voluntarily give BOE the answers requested; he did not attend the meeting. Mayor Brown submitted Transactions Disclosures for 2/7/14: NYC business related to the Buffalo Police and on 3/13/14: Washington, DC: US Conference of Mayors' meeting. Deputy Mayor Grant joined the Mayor on 3/13/14 to Washington, DC and also submitted a Transactions Disclosure. BOE wants more clarity regarding their itinerary and expenses; see City Code on Gifting (Section 12 -11). 3) Cavette to draft a revised Transactions Disclosure form to add clarity for travel purposes regarding expenses. 4) Financial Disclosures Status: One remaining form is outstanding: Ms. Coralia Hetzner from the Board of Assessment Review. Old Business: 2. Gerry to check with Cavette regarding status of the amendment of the City Code (Section 12 -241 with reference to the Board's jurisdiction a year after an employee's separation of service with the City. Approval of the February 25, 2014 minutes. Next meeting is scheduled for Tuesday, May 6, 2014. Meeting is adjourned. RECEIVED AND FILED NO. 1021 LIST OF APPROVED CHICKEN LICENSES AS PER ORDINANCE Dear Council Members: As per the Chicken License Ordinance, enclosed please find the list of approved licenses with the required information for each applicant. Should you have questions and /or concerns pertaining to this matter, do not hesitate to contact me at 851 -5434. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1022 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 211 South Park Ballyhoo Timothy Stevens 1472 Hertel Craving Jennifer Goetz RECEIVED AND FILED NO. 1023 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reportin the granting of the leaves of absence without pay, in the various departments as listed: Comptroller - Jacqueline Jakubowski Police- Sharon Anderson, Martin Hall, Patricia Logan RECEIVED AND FILED NO. 1024 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Ellen Taylor, Patricia Logan. Deborah Daniel RECEIVED AND FILED NO. 1025 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 May 5, 2014 in the Department of Assessment and Taxation to the Position of Junior Data Control Clerk Permanent Appointment First Step Starting Salary of $31, 084 Chrystal T. Jones, 800 Glenwood Avenue, Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS MAY 13, 2014 NO. 1026 S. BARLOW- PARENT NETWORK OF WESTERN NEW YORK To Buffalo Council President Darius Pridgen: Let me introduce you to Parent Network of WNY: We are one of 14 designated Parent Center Technical Assistance Centers across the state funded by the New York State Education Department. In addition Parent Network is one of the 106 federally funded Parent Centers by the US Department of Education. Parent Network exists to support parents /families /caregivers of children and adults with special needs. We provide one on one support, numerous workshops on specific concerns or disability topics, and supportive transition services to build career education and job training. The information provided is accurate, unbiased, ethical and seeks to support individual educational needs. Parent Network of WNY is requesting the opportunity to provide the Buffalo Common Council an overview of our services and how we can help you support your constituents and the concerns they express for their children with special needs. Would Tuesday, May 27 be a convenient time to provide the Common Council an overview of Parent Network supports and resources? We look forward to your confirming a presentation date and time by contacting our office at (716) 332 -4170 or you may contact me directly at 716- 578 -6366. Parent Network of WNY would like to assist your Council members with any special education questions that come to your office by: • Answering your constituents questions /concerns through parent education on the educational options /services available for their children). • Providing professional development to your staff to increase their understanding of special education and disability topics /issues. • Providing access to numerous resource materials, including pamphlets, books, magazines and videos that will help build the understanding of special education and disability concerns. • Learning more by going to www.parentnetworkwny.orq or calling (716) 332 -4175. Parent Network looks forward to presenting to the Buffalo Common Council on supporting the children of our city that have special needs. We look forward to finding the best date and time for the council, if May 27, 2014 will not work. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1027 K. BARWELL- CONCERNS OF LYFT DRIVERS LYFT The Violations LYFT Drivers are committing 1. Under the New York State Law if you are operating a motor vehicle and getting Compensated (direct or Indirect) you are required to carry "for Hire" auto insurance, if you do no have this insurance and you are operating your vehicle "for hire" in New York State you are committing insurance fraud. You are also putting yourself, your passengers, and the vehicle in danger, because now that you have lied about your use of the vehicle, the insurance policy in now voided and no coverage for any claim is required. 2. Under the Vehicle and Traffic Law of New York State you are required to carry "For Hire" plates (i.e Taxi, Livery) if you are using your vehicle to pickup up people for commercial purposes, and being compensated for it. When you register your vehicle on section 6 of NY state form MV -82, question 2 your are required to inform the DMV of this intent. Also question 4 (same section) Asks if you are using the vehicle for commercial purpose. If you mark'¢NO" and denied your intent of commercial use then use the vehicle for such purpose you are lying to the State and are committing a crime which is punishable by law (section 392 of the Vehicle and Traffic Law of New York State) and may result in revocation of vehicle registration. In addition this registration cost is being cheated from the state. 3. New York State requires all operators of "for Hire" vehicles to have a Class E licenses. If you do not have this type of license and are driving passengers "For Hire" you are now in violation of the Vehicle and Traffic Law of New York State and are driving out of class and this is a violation (tickatable) 4. LYFT says they are not a Taxi, but charge like a taxi. If they aren't a taxi and don't believe they fall under those rules, then they are a livery service which is required to charge their clients sales tax (which they don't) so they are evading paying the required New York state Sales tax to the State & County. This is not a issue of competition this is a issuer of equlity amongst transportation operators and Safety. New York state requires these item to help regulate operators that drive people for a living so that the proper requirements and policies are in place for safely driving people. Would you want your child or your parent driving in a vehicle that has no insurance, no driver requirements, and no safety policies? REFERRED TO THE TAXICAB & LIVERY AD HOC SUBCOMMITTEE NO. 1028 D. BASTIAN- CONCERNS LYFT DRIVERS I am reaching out to yon on behalf of the Limousine Bus Taxi Operators of Upstate New York. Our Association has over 70 members that are from Buffalo New York to Albany. Last week our association had a legislative meeting regarding a new Service that is being offered in Erie & Niagara Counties that is considered an alternative to Taxi or Livery. The service is called Lyft. Lyft is an app you download from your App store on your smartphone or tablet. This technology connects drivers with people who need rides. I often refer to this type of service as "electronic hitch - hiking ". Within the past week Lyft started operating locally. Our Association feels they are operating illegally because Lyft recruits regular individuals to use their personal cars that have an unregulated license plates to provide "ride Sharing" in which the owner of the vehicle is compensated for doing do. They have rates similar to Taxi. In New York State Limo, Bus & Taxi Operators that are compensated or paid to drive, are required to operate using Bus, Taxi or Livery plates. In some cities like the City of Buffalo or at the airport, Medallions are required. These industries are also required to carry specific insurance as well as specific drivers licenses. Limo & Livery companies are also required to collect sales tax from their clients for the services. D.O.T also regulates these industries in some shape or form. Our understanding is that the Lyft drivers that will be picking up and dropping passengers will be using their personal plates & personal insurance when performing their service. Lyft claims on their website that there is a $1 million policy for injuries... but we don't feel this is legitimate. If a person is using their personal vehicle to drive people & being compensated for doing so , we believe they are committing insurance fraud because personal insurance prohibit that type of activity. Would this insurance policy still be in affect if fraud is committed? At the end of the ride the passenger makes a "donation" to the driver using the credit card they provided to Lyft upfront. (See Lyft's published "donation rates ".) New York State prohibits this type of activity unless the individual driving has the proper Limo, Bus or taxi plate as well as commercial for hire insurance. We would like to make law enforcement aware of this possible illegal activity so the current laws on the books can be enforced. Over the next few weeks our Association will be reaching out to our City, County & State elected officials to make them aware of this service. We will work to create legislation to have electronic ride sharing apps regulated. Your officers will know a Lyft car from a regular car. A Lyft car will have a Pink Mustache on the front making them easy to recognize. If this type of activity is "deemed" illegal by law enforcement is it possible for? • A hotline or email address to be set up so these illegal operators license plates can be reported by Taxi, Bus & Lime drivers that see these vehicles operating within Erie & Niagara Counties? • Your office to educate the Police Departments in the other municipalities about this service ? The Limo, Bus, Taxi & Livery industries are regulated to provide the general public with safe transportation services. Lyft is providing a Transportation service in New York State & should be required to follow the same laws, rules & regulations as the other Transportation services. This type of service if not regulated can also affect public safety. Thank you for taking the time to forward this email within the department. If you have any questions regarding this service please reach out to Association President Kevin Barwell from Giorgios Limousine @ 716 308 -6815 or you can reach out to Association Vice President Bill Yuhnke from Liberty Cab @ 716 877 -7111 Thank you! REFERRED TO THE TAXICAB & LIVERY AD HOC SUBCOMMITTEE NO. 1029 I. FINKLESTEIN- AGAINST RIDESHARING CO'S UBER, LYFT & SIDECAR Links Regarding Lvft Say NO to Special Legislation for so- called 'Ridesharing' Companies Uber, Lyft and Sidecar March 19, 2014 Self- proclaimed 'ridesharing' companies want to dodge public- safety requirements. Unregulated transportation services- -Uber, Lyft and Sidecar - -would like nothing better than to see the enactment of special legislation permitting them to operate free of local regulatory oversight Any such legislation would give them free rein to ignore the public safety requirements for taxicabs and limousines required by the majority of American cities. This would be a disastrous move. "Ridesharing' companies pretend they aren't taxis or limousines, companies such as Uber with its uberX service, and Lyft and Sidecar allow passengers to hail vehicles driven by amateur, unregulated drivers through smartphone apps. These companies dispatch drivers and accept passenger payment. They recruit, pay, hire and fire drivers. Duplicitously dubbed "ridesharing" services, these companies want people to believe they are merely technology companies. In reality, these are taxicab and limousine companies. Cities have varying taxi and limousine needs. There is absolutely no one - size - fits -all. The taxi and limousine requirements of Seattle are significantly different from those of Chicago, Denver, New York City, or any other city. State - sanctioned "ridesharing' would pit the state government against key stakeholders. Legislation would expose the state government to litigation from: families of killed or injured crash victims, wheelchair accessibility advocates, lawful]y abiding taxicab and limousine companies & and environmental groups understandably critical of "ridesharing" companies for inundating city streets with an unlimited hum her of additional for -hire vehicles. Taxicab deregulation is not the answer. Most American cities view taxicabs as quasi - public utilities —an extension of public transportation. Even so, deregulation was tried during the 1970s and 80s and found to adversely affect service. After this trial, American cities moved to re- regulate the industry. Since then, most cities have government their taxi environments by insisting on the following: Checking criminal histories through background checks conducted by law enforcement agencies. Requiring that drivers have commercial auto liability insurance to cover the vehicle at all times. Providing substantial driver training. Passing periodic regulator conducted vehicle safety and appearance inspections. Servicing all areas of cities without discrimination. Providing wheelchair .accessible vehicles either by mandate or voluntarily. Disallowing price - gouging during peak - volume times, emergencies or natural disasters. Uber's uberX service, as well as the services provided by Lyft and Sidecar DO NOT COMPLY with the above public safety and community service requirements. If these companies promote state legislation, they'll do so to avoid the cost of mandated public- safety requirements for taxis and limousines, against the wilt of local leaders and the public they serve. REFERRED TO THE TAXICAB & LIVERY AD HOC SUBCOMMITTEE NO. 1030 D. FRANCZYK- QUESTIONS RE STREETS ALONG CANALSIDE 1308 City Hall Buffalo NY 14202 Dear Mr. Chwalinski: Please file the attached correspondence regarding streets along Canalside. Marine Drive, Lloyd Street, Prime Street, Hanover Street and Perry Street were old city streets that were uncovered and rebuilt as canalside was redeveloped. Were the streets ever abandoned? Do they have to be "renamed" as new streets by the City of Buffalo? Please refer the attached documents to the Corporation Counsel, the Department of Public Works, Parks and Streets and the City Clerk for their response and send the item to the appropriated committee for further discussion. Your assistance is greatly appreciated. Sincerely REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMITTEE ON HOUSING NO. 1031 M. ROMANOWSKI -CITY OF LACKAWANNA MEETING AND HEARING CONCERNING DEVELOPMENT OF THE GATEWAY TRADE CENTER PARCEL IN LACKAWANNA, NEW YORK Dear Mr. Chwalinski: Pursuant to New York State General Municipal Law § 239 -nn, this letter provides notice to the City of Buffalo that on May 7, 2014 at 5:15 p.m. in Lackawanna City Hall, 714 Ridge Rd., Lackawanna, New York, the Lackawanna Planning and Development Board will hold a public meeting on a Site Plan for the development of a leased portion of the parcel owned by Gateway Trade Center Inc. in the Bethlehem Redevelopment Area (the "Project "). On May 15, 2014 at 6:00 p.m. at the same location, the Lackawanna Zoning Board of Appeals will hold a public hearing on requested area variances for the Project concerning building height and setback from the ship canal at the site. This notice is being provided because the affected parcel extends to within 500 feet of the Lackawanna - Buffalo boundary line. Please do not hesitate to contact me if you have any questions. Very truly yours, RECEIVED AND FILED NO. 1032 M. ROUNDTREE -EC RESPONSE TO SITE PLAN ZONING REFERRAL -1032 NIAGARA Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 1033 D. SMITH - ANNOTATED DRAFT ORDINANCE COB TAX FORECLOSURE REFORM Response from the Department of Assessment and Taxation Article §15 -41 Owner occupancy - What determines owner occupancy versus primary residence versus domicile? Who determines owner occupancy? Article § 28 -8: Failure of Owner or Mortgagee to Resister The Department of Assessment and Taxation currently has a method in place regarding change of addresses and are considered the primary keepers of mailing addresses. Only address changes we accept are on a filed RP -5217 (Real Property Transfer Report) or a written and signed statement from the property owner. Starting with the Legal Notices being sent out May 2014, we are checking the "G- Mailer" system used by User Fee to send an additional notice to owners who have different mailing addresses in User Fee. Article § 28 -69: Part Payment There is a history of property owners bouncing checks written close to the time of auction which is why we no longer accept personal checks. Checks cannot clear in 30 days and property owners have 90 days to dispute a credit card charge amount. This is why we don't accept online payments close to the auction. Article § 28 -64: Notice to Pay Current bill only can be paid by credit card. See above. Article § 28 -76: Foreclosure This is a legal question involving selective enforcement. There is currently no method in place showing owner occupancy. Current threshold is —;200. Article § 28 -8: Failure of Owner or Mortgagee to Register Issue addressed above. Article § 28 -69: Part Payment Foreclosure fee is applied first, followed by oldest taxes. No method in place to calculate interest only on the outstanding portion. Article § 28 -77: Payment of delinquent taxes and assessments through installments There is currently an "in- house" payment plan in place. In a case where a foreclosure has already been filed, taxes must be paid in full before the auction and these plans cannot stop a foreclosure filing or action. Article § 28 -80: Limitation of foreclosure fees to actual costs This is already in place. Article § 28 -81: Additional Pre - Foreclosure Notice Requirements Legal question: Is "You may lose your home" on a mailed envelope considered an invasion of privacy? There is no method in place showing current homeowners phone numbers. This is not a requirement on a property transfer report. The January notice mailed out by the department describes the options available To homeowners to protect their property. CURRENT NOTIFICATIONS TO HOMEOWNERS Original Tax Bill Delinquent Notice Collections Letter New Bill with Arrears Amount "Subject to Foreclosure" Notice Delinquent List 2 ND Delinquent List Letter stating their property is on delinquent property list 1 st Scheduled Mandated Letter Legal Notice to owners and all lien holders, sent out First Class and Certified (If both letters are "returned to sender" for property owner, the property is physically posted by a process server.) Final Foreclosure Letter Property Status Letter REFERRED TO THE COMMITTEE ON LEGISLATION, THE SPECIAL COMMITTEE ON HOUSING AND ANTI SLUMLORD SUBCOMMITTEE NO. 1034 D. SMITH - SUPPORT OF BUFFALO TRANSPORTATION RESOLUTION MEMORANDUM Gerald Chwalinski, City Clerk Council Member Demone Smith 5/8/14 1 would like to file that attached information for the next Common Council meeting to be held on 5/13/14. Thank you. A RESOLUTION TO BE SUBMITTED BY LEGISLATORS MILLS, LORIGO, DIXON, RATH, GRANT, LOUGHRAN, SAVAGE & MILLER - WILLIAMS Support of Buffalo's Center of Transportation Excellence for Coordination of Non - Emergency Medicaid Transportation in Erie and Surrounding WNY Counties WHEREAS, Buffalo's Center for Transportation Excellence, located at 401 East Amherst Street, has been in existence since 2007 providing local and regional mobility management services; and WHEREAS, the CTE is a thriving public benefit company, created with over $5,500,000 of private investment that provides 24/7 health- care transportation management for all low- income residents in Western New York; and WHEREAS, the CTE regularly employees upwards of 40 neighborhood residents from Buffalo's East Side at competitive wages, providing jobs and serving as a beacon of hope and dignity for that community; and WHEREAS, On April 11, 2014, NYS Department of Health awarded the Western Region Medicaid Mobility contract to a Syracuse NY company; and WHEREAS, Medicaid Mobility Management constitutes 90% of the CTE's business, and the result of the DOH decision will be to shut down Buffalo s Center for Transportation Excellence, and eliminate those 40 jobs for neighborhood residents; and. WHEREAS, the CTE has saved NYS and Erie County over $5M in the seven years it has provided Medicaid Mobility services; and WHEREAS, the CTE has been an economic engine for neighborhood and City of Buffalo vendors since 2007, pumping $1.2M in non - wage expenditures into the WNY economy since its inception; and WHEREAS, the CTE helped secure a 510 Million US Department of Labor grant and was integral in bringing $;2.6 Million of that grant to our area for three non - profit organizations and the CTE to conduct workforce development and other job training for high school dropouts and adjudicated youths between ages 18 and 25; and WHEREAS, these at -risk young adults will lose access to job development training and jobs provided by the CTE, and it will result in a senseless waste of federal funding; and WHEREAS, the State of New York invested through Empire State Development $750,000 in 2007 to help build the CTE and Erie County has invested an additional $2S,000 to develop Senior Transportation services at the CTE; and WHEREAS, since 2007, the CTE has paid more than $4 million in wages to residents of Buffalo's East Side; and WHEREAS, removal of this funding will lead to the shuttering of CTE's offices and therefore an unreasonable waste of taxpayer funding and progress in developing this transportation management organization. Intro. 10 -6 Page 1 of 2 RESOLVED, that Erie County Legislature hereby opposes this predetermined, arbitrary and capricious contract award by NYSDOH; and be it further RESOLVED, that the Erie County Legislature calls upon our state representatives to reverse this decision and save 40 jobs in Buffalo from being shifted to Syracuse without reason or justification; and be it further RESOLVED, that certified copies of this resolution shall be sent to Governor Andrew M. Cuomo, the Western New York Delegation for the NYS Senate and Assembly, Mayor Byron Brown and County Executive Mark Poloncarz, and all others deemed necessary and proper. Fiscal Impact: Positive RECEIVED AND FILED NO. 1035 R. WYATT- ARTICLE COB LAND BANK Gerald Chwalinski 1308 City Hall Buffalo, NY 14202 "City of Buffalo Land Bank" Dear Mr. Chwalinski: Please file the attached item for the Common Council meeting scheduled for May 13, 2014. Respectfully, Rasheed N. C. Wyatt Enclosure "Unity in University" Land Bank is fighting ' °urban blight" in the suburbs I Buffalo News, Buffalo Weather WI... Page 1 of 3 Land Bank is fighting "urban blight" in the suburbs Al Vaughters Updated: Friday, March 28, 2014, 7:23 pm Published: Friday, March 28, 2014, 6:!8 pm BUFFALO, N.Y. (WIVB) Foreclosed properties fostering neighborhood Night affects just about every city, town, and village in Western New York. Attorney General Eric Schneiderman says a land bank is helping to cure Erie County's "epidemic of vacant properties' caused in part by America's mortgage foreclosure crisis. Schneiderman provided the two - million dollars to help the Buffalo Erie Niagara Land Improvement Corporation ( "Land Bank ") fulfill its mission. The Land Bank buys a vacant property that is still valuable and "banks" it for rehabilitation, or demolition to be re -sold and returned to the tax rolls. "The entire community starts picking itself up once you start removing the blight," says Lackawanna Mayor Geoffrey Szymanski. The mayor says the Land Bank is helping his city, which he says can no longer afford to "fight the blight" on its own. "With the Land Bank, we will be able to refurbish homes that are not in blighted condition, refurbish them, and sell them to somebody who wants to become a responsible homeowner," he explained. Schneiderman provided two - million dollars for the Land Bank to take control of abandoned foreclosed property, which can bring a whole neighborhood down. "They can buy and rehabilitate properties, they can demolish properties. They can deed or sell vacant lots to the people next door, so they can get back on the tax rolls, Schnmderman stud. Last year, homeowners on Fowler Avenue in the Town of Tonawanda called Call 4 Action when the owner of a house there walked away. Linda Rohe was adamant, "Everybody around here keeps up their property, as you can see, and this is just awful." The Land Bank took control of the property, but costly repairs to an unsteady foundation could rule out rehab, which could i mean demolition. Newly- appointed Land Bank Executive Director Jocelyn Gordon says, "If for some reason we can't, and we do have to take the house down, we would start talking to the neighbors on the street right away to see if they have an interest in possibly having Fowler become a part of our Side Lot program." http: / /wivb. com /2014/03/28/fig hti ng -u rban -bl ig ht -i n- the - suburbs/ Land Bank is fighting "urban blight" in the suburbs [Buffalo News, Buffalo Weather WI... Page 2 of 3 Schneiderman is also taking aim at what are called "Zombie Properties," where a bank has foreclosed, the owners walk away, but the bank does little to maintain the property. Erie County Executive Mark Paloncarz says local officials' hands are tied to do anything about "Zombie Properties" because "the bank will pay the taxes, so we can't foreclose on it and it just falls into utter disrepair." State lawmakers are crafting a measure that would hold banks responsible for keeping up their "Zombie Properties." Schneiderman says, "It is to make the banks maintain those properties, to require that they maintain them, to remove any incentive to drag their feet." He says the Land Bank has become a model for other regional land banks with money coming from a National Mortgage Settlement reached with the country's five largest banks. That settlement is also providing legal assistance for homeowners fighting to keep their homes out of foreclosure. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE SPEICAL COMMITTEE ON HOUSING PETITIONS NO. 1036 R. FELSCHOW JR., AGENT, USE 511 OHIO TO ERECT A 1 STORY POLE BARN IN THE COASTAL REVIEW AREA (HRG 05 /20)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1037 S. HADIS, AGENT, USE 1096 KENSINGTON FOR A TAKE OUT RESTAURANT IN THE KENSINGTON /BAILEY BUSINESS DISTRICT (HRG 05 /20)(MAS) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1 NO BOARD NO. 1038 D. EVANS, OWNER, USE 1281 HERTEL AKA 1285 HERTEL, TO RE -OPEN AN EXISTING TAKE OUT RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT (HRG 05 /20)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1039 M. MARINO, OWNER, USE 256 ALLEN FOR A BAR/RESTAURANT IN THE ALLEN ST. DISTRICT (HRG 05 /20)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1040 J. POPMA, AGENT, USE 2300 DELAWARE TO ERECT A FREE STANDING POLE -SIGN (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1041 K. ROSE, OWNER, USE 73 HAMBURG FOR AN OUTDOOR PATIO IN THE CITY ROW (NO HRG)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1042 APPOINT SECRETARY TO COMPTROLLER (EXEMPT)(SYPH)(COMPT) CCP# 14 -877, 04/29 Mr. Wyatt moved: That the above item be the same and hereby is received and filed ADOPTED NO. 1043 APPOINT DOG CONTROL OFFICER(TEMP)(INTER)(FALT)(PW) CCP# 897 14 -04/29 Mr. Wyatt moved: That Communication 897 of April 29, 2014, be received and filed and that the Temporary Appointment of Jennifer Felt, 394 Ideal St, Buffalo, NY 14206 at the Intermediate salary of $24,615.00 is hereby approved. PASSED AYES- 9 NOES- 0 NO. 1044 APPOINT EQUIPMENT OPERATOR (PROV)(INTER)(EDWARDS)(PW) CCP# 898 14 -04/29 Mr. Wyatt moved: That Communication 898 of April 29, 2014, be received and filed and that the Provisional Appointment of Michael Edwards, 423 Shirley St, Buffalo, NY 14215 at the Intermediate salary of $25,100.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 1045 APPOINT RECREATION INSTRUCTOR(TEMP)(MAX)(DOLL)(PW) CCP# 899 14 -04/29 Mr. Wyatt moved: That Communication 899 of April 29. 2014, be received and filed and that the Temporary Appointment of William Doll. 152 Wbitfield St. Buffalo. NY 14220 at the Maximum salary of $38,280.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1046 APPOINT TRUCK DRIVER(TEMP)(INTER)(ROSE)(PW) CCP# 900 14 -04/29 Mr. Wyatt moved: That Communication 900 of April 29, 2014, be received and filed and that the Temporary Appointment of Gene Rose, 250 Shirley Avenue, Buffalo NY 14215 at the Intermediate salary of $28,085.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1047 TH APPOINT PKG METER MECHANIC(PROV)(1 r STEP)(WASHINGTON)(PKG) CCP# 906 14 -04/29 Mr. Wyatt moved: That Communication 906 of April 29, 2014, be received and filed and that the Provisional Appointment of Mario K. Washington, 586 E. Delavan, Buffalo, NY 14211 at the 15 step of $27,089.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1048 NOTICES OFAPPOINTMENTS- TEMP /PROV /PERM(CTY CLK) CCP# 14 -9111, 04/29 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 1049 SALE /SCRAP OF OBSOLETE EQUIPMENT/VEHICLES(A &F) (ITEM NO. 905, C.C.P., APR. 29, 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 Director of Purchase to dispose of the following equipment /vehicles which have been determined to be obsolete or beyond its useful life by means of auction or contract with a scrap dealer: • PK -27 1999 Chevy Pickup, Blue • CDI -203 1999 Ford F -550 White, dump • E -617 1999 Ford Ranger, white • P -330 -S 2003 Ford Crown Victoria, white • E -602 1994 Ford F Super Duty • SC -28 1998 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 -42EQ 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 • Two (2) 1984Unimogs -406 121 10095881 and 406 121 10096710 • S -1001 Dog cages that mount on the frame of a pickup • 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 assigned number on it • A red 6' plow assigned to truck number PK 9601 PK -62 • Used light poles and luminaries (Public Works) PASSED AYES 9. NOES 0 NO. 1050 TELECOMMUNICATIONS PEG PROGRAM SCHEDULE CCP# 13 -69, 09/17 Mr.: Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1051 C. SCANLON- RESPONSE- URGE COB TO REEVALUATE RELATIONSHIPS WITH BANKS CCP# 13 -72, 06/11 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1052 D. SMITH -JP MORGAN'S LOSS CHASE BANK CCP# 12 -54, 05/29 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1053 D. SMITH - CITIES USING DEPOSITS TO GAIN LEVERAGE OVER BANKS CCP# 12 -53, 05/15 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1054 RESPONSE TO COB BANKING SERVICES (COMPT) (C.C.P #11 -5, NOV 15) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED NO. 1055 AUDIT REPORT - MEDICAL INVOICE FEE SCHEDULING(COMPT) CCP# 11-13,11/29 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1056 REPORT OF SALE - 29 WALDEN (FILL)(STRAT PLAN) (ITEM NO. 872, C.C.P., APR. 29, 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 Abul K: Azad and Mohammed R. Ezaz, 311 Woltz Avenue, Buffalo, New York 14211, in the amount of One Thousand Eight Hundred Dollars($1,800.00) for the purchase of 29 Walden be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES, NOES 0 NO. 1057 LODGING HOUSE LICENSE - 125 MAIN STREET (FILL)(DPIS) (ITEM NO. 901, C.C.P., APR. 29, 2014) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council a recommendation for approval; That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to David Baldauf d /b /a Harbor Lodging, LLC located at 125 Main Street. PASSED AYES 9, NOES 0 NO. 1058 SECOND HAND DEALER - 937 BROADWAY (FII1)(DPIS) (ITEM NO. 902, C.C.P., APR. 29, 2014) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval, and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Martha Pickett d /b /a Simply Plus Boutique, located at 937 Broadway is hereby approved. PASSED AYES 9, NOES 0 NO. 1059 USED CAR DEALER - 3260 BAILEY (UNIV)(DPIS) (ITEM NO. 904, C.C.P., APR. 29, 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. 1060 PURCHASE 1859 NIAGARA, 1869 NIAGARA AND 1873 NIAGARA FOR FUTURE PUBLIC USE (ITEM NO. 964, C.C.P., APR. 29, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the City of Buffalo to 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 use; and 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 That the Common Council hereby authorizes the Corporation Counsel to prepare the necessary documents for the sale of 1985 Niagara Street, 1869 Niagara Street and 1873 Niagara Street from the West Side /Black Rock Neighborhood Housing Services to the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1061 PERMISSION TO HANG BANNERS FOR MAY AS MENTAL HEALTH AWARENESS MONTH (ITEM NO. 966, C.C.P., APR. 29, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby grants permission to 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 to raise awareness in the community about mental health and destigmatize mental illness; and that copies of this resolution be forwarded to the Department of Public Works, Parks and Streets, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1062 R. FONTANA -KING CHARTER SCHOOL RELOCATION STATEMENT (C.C.P #14 -682, APR 1) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1063 S. KROLI -EC LEGISLATURE ADOPT RESOLUTION SUPPORTING SUBSTANCE ABUSE TREATMENT, COUNSELING AND MENTAL HEALTH SERVICES (C.C.P #14 -684, APR 1) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1064 R. FONTANA- ARTICLE -KING CENTER CHARTER SCHOOL MOVES TO PURCHASE FORMER SCHOOL #71 (C.C.P #14 -581, MAR 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1065 R. BRENNER, AGENT, TO USE 1032 NIAGARA TO ERECT AN ADDITION TO THE HEIGHT OF AN EXISTING MONOPOLE CELLULAR TOWER IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 920, C.C.P., APR. 29, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Scanlon now moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1066 D. HALL, AGENT, TO USE 866 PROSPECT TO ERECT A SURFACE PARKING LOT ACCESSORY TO OFFICE BEING EXPANDED ON AN ADJACENT PARCEL (NIA)(DPIS) (ITEM NO. 921, C.C.P., APR. 29, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -98 of the City of Buffalo Code, the Common Council hereby approves the application of D. Hall, Agent, to erect a surface parking lot accessory to an office being expanded on an adjacent parcel at 866 Prospect PASSED AYES 9, NOES 0 NO. 1067 P. ROWELL, AGENT, TO USE 392 KENMORE TO ERECT A GROUND SIGN, WALL SIGN AND DIRECTIONAL SIGN FOR A NEW PHARMACY (UNIV)(DPIS) (ITEM NO. 922, C.C.P., APR. 29, 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 P. Rowell, Agent, to erect a ground sign, wall signs and directional signs for a new pharmacy /store located at 392 Kenmore. PASSED AYES 9, NOES 0 NO. 1068 V. MERLI, OWNER, TO USE 12 MILITARY FOR A SIDEWALK PATIO AND A PATIO ON PRIVATE PROPERTY (NORTH)(DPIS) (ITEM NO. 924, C.C.P., APR. 29, 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 V. Merli, Owner, to add a sidewalk patio to a kitchen and bar on the City right -of -way to the front and both sides of the building located at 12 Military, and the Common Council hereby approves the addition of a patio on private property to the right side of the building. PASSED AYES 9, NOES 0 NO. 1069 MOBILE FOOD TRUCK- HOUSE OF MUNCH (DPIS) (ITEM NO. 943, C.C.P., APR. 29, 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 Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Michael AlbareUa of 244 Lein Road, West Seneca, New York 14224, d /b /a House of Munch is hereby approved. PASSED AYES 9, NOES 0 NO. 1070 D. SMITH -C. DANKERT - MAURER -RESP TO ELECTRONIC BENEFIT TRANSFER CARDS (C.C.P #14 -598, MAR 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1071 FOOD STORE LICENSE (NEW) -414 E. AMHERST(UNIV)(EDPI) (C.C.P #14 -450, MAR 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1072 FOOD STORE LICENSE(NEW) -364 EGGERT(UNIV)(EDPI) (C.C.P # 14 -451, MAR 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1073 C. GRIESBAUM -WATER LINES ON ROBERTS AVENUE (C.C.P #13 -28, MAY 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED SPECIAL COMMITTEE HOUSING (DEMONE A. SMITH) NO. 1074 C. GRIESBAUM -WATER LINES ON ROBERTS AVENUE (C.C.P. 14 -499, MAR 4) (C.C.P #10 -99, JULY 6) Mr. Smith now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1075 BY: MR. FONTANA INCREASED APPROPRIATION - POLICE AND FIRE That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year be and the same are hereby increased in the sum of $6,270,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Unreserved, appropriated for this purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account to meet this increased appropriation as set forth below: From: 10700096- 397000 Fund Balance- Unreserved $ 6,270,000 To: 12005001 - 411001 Police Salaries $ 1,190,080 12132001 - 411001 Fire Salaries $ 2,829,920 17301001 - 411002 Fire Duty Disability $ 2,250,000 PASSED AYES 9, NOES 0 NO. 1076 BY: MR. FONTANA TRANSFER OF FUNDS- BUILDINS- REPAIR That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10220006 - 434004 Neighborhood Initiatives $ 1,055.76 To: 13296006- 443200 Buildings- Repair $ 1,055.76 PASSED AYES 9, NOES 0 NO. 1077 BY: MR. FONTANA TRANSFER OF FUNDS - UNIVERSAL WASTE MGNT That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Planning $ 100,000 To: 30091406 - 445100 Universal Waste Management $ 100,000 PASSED AYES 9, NOES 0 NO. 1078 BY: COUNCILMEMBER FONTANA, COUNCILMEMBER FRANCZYK SUPPORT FOR SEN SCHUMER SEEKING EPA REGULATIONS ON CYANTOXIN FILTRATION On May 08, 2014 Whereas, one of the most significant resources for tourism, recreation, and the healthy drinking water enjoyed by millions of people in America and Canada is Lake Erie; Whereas, blue -green algae, which produce dangerous cyanotoxins, are growing at alarming rates and threaten the ecosystems of Lake Erie and quality of life for people in Western New York; Whereas, US Environmental Protection Agency (EPA) and Department of Agriculture have the knowledge, resources, and capabilities to help protect our region from this threat of nature; Senator Schumer, in partnership with other WNY representatives and local environmentalists, have begun efforts to lobby EPA to regulate cyanotoxins and provide guidance for local water treatment plants in filtering our drinking water; and Whereas, this effort, if successful, can control the growth of the algae and protect New York's natural resources while promoting the health of millions of people in the area: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) Fully supports the efforts of Senator Schumer and other legislators to protect Lake Erie and the people who benefit from the Great Lakes; and 2) Requests Council Staff to forward copies of this resolution to Jill Spisiak - Jedlicka, Executive Director of Buffalo Niagara Riverkeeper, and to the Buffalo District Office of Sen. Chuck Schumer. ADOPTED BY: MR. GOLOMBEK NO. 1079 ORDINANCE AMENDMENT- 12 -24D BOARD OF ETHICS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Section 12 -24 of the Code of the City of Buffalo be amended by adding a new subdivision 12 -24 D thereto to read as follows: D. The jurisdiction of the Board shall continue notwithstanding that an officer or employee separates from the service of the City or a city agency to which this Code of Ethics is applicable, provided that the Board notifies such individual of the alleged violation of law pursuant to paragraph (U of this section within one year from his or her separation from such service. Nothing in this section shall serve to limit the jurisdiction of the commission in enforcement of Section 12 -13 of this Code of Ethics. §2. This ordinance amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Assistant Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1080 SPONSORS: COUNCILMEMBER LOCURTO, COUNCILMEMBER RIVERA, AND COUNCILMEMBER FRANCZYK PRIDE MONTH IN THE CITY OF BUFFALO 2014 Whereas, Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Buffalonians are commemorating the anniversary of the 1969 Stonewall riots, a definitive moment in the history of the Gay Liberation Movement in the United States, as well as honoring the community's long legacy of activism, courageousness, perseverance, and commitment to equality through organizing Buffalo Pride Week celebrating 2014 under the theme of "OUT Loud "; and Whereas, the LGBTQ community has unequivocally demonstrated their ability to live authentic lives in the face of social and political opposition. Over the past year, they have united to make swift and marked change in both arenas. The most notable was the Supreme Court's decision to invalidate the Defense of Marriage Act, which denied federal benefits to same -sex couples who were legally wed in their respective states; and Whereas, support for Buffalo and WNY's LGBTQ community is undeniable, as the attendance of the Annual Pride Festival continues to grow with an anticipated 25,000 participants this year, up from 15,000 one year ago. In addition to the traditional Pride Parade and Festival, Dyke March, and Allen Street Festival, this year's celebration will also feature an art opening in memory of longtime Pride board member and supporter Mr. Jim Rolls, a pep -rally party at LaSalle Park to celebrate the Queen City Softball League's (QCSL) 2014 season, and a Gay 5K Run ; and Whereas, The Pride Center of Western New York is proud to present Buffalo Pride Week, now in its 23rd year, from May 25 through June 1 t 2013 to celebrate these and many other accomplishments, as well as the diversity and strength of the local and national LGBTQ community; and Whereas, these celebrations would not be possible if not for the exceptional work done every day by the Pride Center of Western New York, a local not - for - profit that uses innovative programming and engagement techniques to make our community a safe and healthy place for LGBTQ individuals to live, work, and establish a family; and Whereas, LGBTQ individuals have made valuable contributions to our community in areas that include business and commerce, arts and culture, the military, community volunteerism and leadership, religion, medicine, law, environmental protection, athletics, civil rights, and education, and they continue to lead the larger community in addressing and remedying the many challenges posed by issues such as the HIV /AIDS pandemic, specific health needs of transgender and gender nonconforming individuals, bullying and hate crimes, and discrimination; and Now, Therefore, Be it Resolved That, The City of Buffalo Common Council does hereby recognize the many civic contributions of the LGBTQ community in the City of Buffalo and of the Pride Center of Western New York, and encourages all people to share in the pride of our City's diverse citizenry by participating in the Pride Flag Raising on Tuesday, May 27 2014, and, of course, the many events and celebrations through Pride Week and the month of June; and Be it Further Resolved That, June 2014, be and is hereby proclaimed to be "LESBIAN, GAY, BISEXUAL AND TRANSGENDER PRIDE MONTH" in the City of Buffalo ADOPTED NO. 1081 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR "HANDS ACROSS BUFFALO" April 30 2014 Whereas, The Homeless Alliance of WNY, a registered 501 (c)(3) not - for - profit has worked to organize unique, historic and free event on May 17 2014, called "Hands Across Buffalo;" and Whereas, "Hands Across Buffalo" is a city -wide event that will bring together community members across the region in a simple but powerful demonstration of unity and the wealth of the City and region's diversity; and Whereas, The "Hands Across Buffalo" event will link 7,000 people, hand -in -hand, all along East and West Ferry Street, as Ferry Street crosses many of Buffalo's diverse communities, exhibiting many of Buffalo's assets and challenges; and Whereas, "Hands Across Buffalo" will be bringing together business and community leaders, service and non - profit organizations, public and private institutions and residents from across the region to stand together for a more unite and vibrantly diverse city. After forming a continuous, human chain across the city for 15 minutes, participants will be able to attend a range of community events and workshops across the city, allowing participants to find ways to continue to support this mission in the future. Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with holding the "Hands Across Buffalo" event on May 17 2014, except the motorcade permit fee; and Be It Further Resolved: A copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1082 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE WISTERIA SCHOOL OF BUFFALO'S MAY FAIR FESTIVAL Whereas, The Wisteria School of Buffalo will be holding its first May Fair Festival for students, parents, and the community on Saturday May 17th, 2014 from 9am to 3pm; and Whereas, The festival will take place at Burke's Green Park and will host a variety of activities for kids and families, including jugglers, dancers, and flute and violinists; and Whereas, This event is free and open to the public, and facilitated by volunteers and faculty members; and; Whereas, The Wisteria School of Buffalo has obtained the proper permits and insurance, and fulfilled all other requirements with the Department of Parks and Recreation and the Department of Special Events, Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit and special event fees associated with holding the Wisteria School of Buffalo s May Fair Festival at Burke Green Park on May &7 from 9am to 3pm; and Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1083 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN DEEM TOWNE GARDENS, LLC AS A PUBLIC NUISANCE Date: May 6, 2014 Whereas: Towne Gardens, LLC is a residential complex located at 440 Clinton Street, Buffalo, NY 14204; and Whereas: Since November 29, 2011, there have been numerous complaints filed by residents regarding deplorable housing conditions. There are also complaints of public health and safety concerns with excessive garbage, trash and debris including tires, couches and mattresses being set along the fence in the complex; and Whereas: Residents continuously complain about the improper maintenance of the property, including poor seasonal maintenance which contributes to injury of seniors and individuals with disabilities. The poor maintenance of this property threatens the health, safety, comfort, convenience, and welfare of this community; and Whereas: As of May 6, 2014 Town Gardens Apartments currently has over 100 City of Buffalo housing violations. Over the past year there have been 723 police emergency calls to the property. The property managers of Town Gardens, LLC appeared before the Common Council at the end of 2011 and reported that all of the issues and concerns would be addressed and resolved but to date have not been successful in providing resolution to most concerns; and Whereas: The Common Council believes the numerous, continuing violations of Chapter 103 of the Code of the City of Buffalo constitute a public nuisance under City of Buffalo Code Section 294 -4(D); Now, Therefore be it Resolved: This Common Council requests the Commissioner of the Department of Permits and Inspection Services to forward any and all inspection reports, letters of violation, court documents and other pertinent information, evidencing violations of the Buffalo City Code relative to 440 Clinton Street to the Corporation Counsel; Now, Therefore, be it further Resolved: That the Corporation Counsel bring and maintain a civil proceeding in the name of the City in the Supreme Court of Erie County to permanently enjoin the public nuisance existing at 440 Clinton Street pursuant to City of Buffalo Code Section 294 -5(A); Now, Therefore, be it further Resolved: That the Corporation Counsel bring and maintain a civil proceeding in the name of the City in the Supreme Court of Erie County to recover a civil penalty in relation to the public nuisance existing at 440 Clinton Street pursuant to City of Buffalo Code Section 294 -5(A); ADOPTED NO. 1084 BY: MR. PRIDGEN ORDINANCE AMENDMENT CH 414 -3 SPECIAL EVENTS ADVISORY COMMITTEE § 414 -3. Special Events Advisory Committee. The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Subdivision B of Section 414 -3 of Code of the City of Buffalo be amended to read as follows: B. Composition of the SEAC. The SEAC shall be comprised of the following officials or their designated representatives: (1) The Special Events Coordinator, serving as Chair of the Committee. (2) The Executive Director of the Office of Strategic Planning. (3) The Commissioner of Police. (4) The Commissioner of Public Works, Parks and Streets. (5) The Deputy Commissioner of Streets. (6) The Commissioner of Fire. (7) The Commissioner of Permit and Inspection Services. (8) The Deputy Commissioner for Parks and Recreation. (9) The Director of Budget and Management. (10) The Director of Parking Enforcement. (11) The Director of Recreation. (12) The Corporation Counsel. (13) The designee of the President of the Common Council [The Common Council's Chief of Staff]. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Asst. Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1085 BY: COUNCIL PRESIDENT PRIDGEN PROPOSED AMENDMENTS TO ORDINANCES REGARDING BOUNCERS Whereas, many establishments in Buffalo employ staff for the purposes of protection and security of staff and patrons; Whereas, city ordinance chapter 372, "Bouncer Law of 2006," requires that persons engaged in the business of protecting establishments where alcohol is sold to register and seek approval by the City Clerk unless a bouncer already possesses a valid registration card issued by the Department of State under the Security Guard Act of 1992; Whereas, the City Clerk has reported in 2014 Budget Hearings that no applications for Bouncer registry have been submitted, let alone approved or denied, despite many establishments in the City visibly employing staff for bouncer duties; Whereas, the City Clerk is not equipped with sufficient funds or personnel to enforce chapter 372; and Whereas, the intent of chapter 372 legislation can best be served by transferring the duties of bouncer registration to a more appropriate department and granting that department sufficient funds and resources for the task: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Requests Corporation Counsel to work with the Commissioner of Permit and Inspection Services and Council Staff to amend the Bouncer Law of 2006 such that the duties of registration, issuance, and denial are primarily the responsibility of the Department of Permit and Inspection Services; and 2) Requests Council Staff to forward copies of this resolution to Corporation Counsel and Commissioner James Comerford. V A 9AV:» III tell r. I:9K0 ]dildiIIa1:10i7►111xe311W_1I to] ► NO. 1086 Y COUNCILMEMBER PRIDGEN PROPOSED AMENDMENTS TO ORDINANCES REGARDING SMOKING Whereas the Common Council supports anti - smoking campaigns that protect the health and welfare of Americans; Whereas e- cigarette vapor is not fully understood, definitely contains highly addictive nicotine, and may be detrimental to the health and welfare of users and bystanders; Whereas e- cigarettes are sometimes advertised as safer alternatives to nicotine - addicted tobacco smokers, but also certainly facilitate an addiction; Whereas children who cannot differentiate regular tobacco cigarette smoke from e- cigarette vapor get the impression that smoking is socially acceptable, which undermines the work of aforementioned anti - smoking campaigns supported by the Common Council; and Whereas the introduction of unknown chemicals into enclosed public spaces through use of e- cigarettes goes against the legislative intent of city ordinance chapter 399: Now, Therefore Be It Resolved that the City of Buffalo Common Council - 1) Seeks to protect future generations and today's general public by requesting Corporation Counsel to amend ordinance chapter 399 such that use of e- cigarettes is banned inall places in the City of Buffalo where smoking of tobacco cigarettes is already banned; and 2) Requests Council Staff to forward copies of this resolution to Corporation Counsel. ADOPT RESOLVES. REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 1087 SPONOSOR: MR. SCANLON REQUEST FOR CONSIDERATION OF NAMING THE SHELTER HOUSE AT CAZENOVIA PARK FOR ROBERT J. WILLIAMS WHEREAS: South Buffalo native Robert J. "Bob" Williams spent his youth distinguishing himself on the baseball diamond, only to eventually play three years of professional baseball with the Detroit Tigers; and WHEREAS: After a career ending injury, Bob returned to Buffalo where he briefly worked in the City of Buffalo Parks and Recreations Department before becoming a decorated Buffalo Police Officers. Shortly after joining the BPD, Bob became the director of the Police Athletic League (PAL) baseball program at Cazenovia Park; and WHEREAS: During his 28 years with PAL, Bob coached and mentored thousands of South Buffalo youth while also supervising hundreds of Mayor's Summer Youth interns. He always exhibited a great deal of patience and humor with the children and teens, managing to share his passion and love for baseball while also instilling lifelong values; and WHEREAS: For close to three decades, Bob could be in found in our around the helter house at Cazenovia Park most spring, summer, and fail days; and WHEREAS: Bob passed away on June 27, 2012, leaving a large void in the baseball community at Cazenovia Park and throughout all of South Buffalo; and WHEREAS: To honor the memory of Bob and to thank him for his unwavering commitment to the youth of South Buffalo, it is the desire of many members of the community to formally name the shelter house in Cazenovia Park the "Bob Williams Memorial Shelter House "; and WHEREAS: The shelter house at Cazenovia park is not at present named; and Now Therefore Be It Resolved: That the Common Council adopts this notice of intention to name the Shelter House at Cazenovia Park for Robert J. Williams; and Be It Further Resolved: That the City Clerk is directed to cause a public hearing to be held on published notice as provided in Section 286 -3 of the City Code. REFFERRED TO THE COMMITTEE ON LEGISLATION NO. 1088 BY CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR THE BUFFALO PUBLIC SCHOOL #72 FIELD DAY 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 Buffalo Public School #72 Field Day will take place on Friday June 20, 2014 from 8:OOam until 2:OOpm at Cazenovia Park; and WHEREAS, This event is free and is a great opportunity for the community youth; and WHEREAS, The Field Day is an end of the year reward for the students and a continued social and educational opportunity for the students; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all fees applicable the Buffalo Public School #72 Field Day; and BE IT FURTHER RESOLVED, That the City Clerk forward a cop), of this resolution to the Commissioners of the Departments of Special E— i - -nts and Public Works. Christopher P. Scanlon South District Council Member PASSED AYES — 9 NOES — 0 NO. 1089 BY CHRISTOPHER P. SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR PARADE OF CIRCLES AND SOUTH BUFFALO IRISH FEIS 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 Alive 13 Parade of Circles will be held Sunday, June 1, 2014; and WHEREAS, The 14 h Annual Goin South Irish Festival will be held Saturday, September 6, 2014; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive the Olmsted City Park fee and all event fees the South Buffalo Alive 13 Annual Parade of Circles and the 14 Annual Goin South Irish Feis; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. PASSED AYES — 9 NOES - 0 NO. 1090 MR. SMITH & MR. WYATT SUPPORT OF BUFFALO'S CENTER OF TRANSPORTATION EXCELLENCE FOR COORDINATION OF NON - EMERGENCY MEDICAID TRANSPORTATION IN ERIE AND SURROUNDING WNY COUNTIES Whereas Buffalo's Center for Transportation Excellence, located at 401 East Amherst Street, has been in existence since 2007 providing local and regional mobility management services; and Whereas The CTE is a thriving public benefit company, created with over $5,500,000 of private investment that provides 24/7 health -care transportation management for all low- income residents in Western New York; and Whereas The CTE regularly employees upwards of 40 neighborhood residents from the Buffalo's East Side at competitive wages, providing jobs and serving as a beacon of hope and dignity for that community; and Whereas On April 11, 2014, NYS Department of Health awarded the Western Region Medicaid Mobility contract to a Syracuse NY company; and Whereas Medicaid Mobility Management constitutes 90% of the CTE's business, and the result of the DOH decision will be shut down Buffalo's Center for Transportation Excellence, and eliminate those 40 jobs for the neighborhood residents; and Whereas The CTE has saved NYS and Erie County over $5M in the seven years it has provided Medicaid Mobility services; and The C'TE has been an economic engine for neighborhood and City of Buffalo vendors since 2007, pumping $1.2M in non -wage expenditures into the WNY economy since its inception; and Whereas The CTE helped secure a $10 Million US Department of Labor grant and was integral in bringing $2.6 Million of that grant to our area for three non - profit organizations and the CTE to conduct workforce development and other job training for high school dropouts and adjudicated youths between ages 18 and 25; and Whereas These at -risk young adults will lose access to job development training and jobs provided by the C'I'E, and it will result in a senseless waste of federal funding; and Whereas The State of New York invested through Empire State Development $750,000 in 2007 to help build the CTE and Erie County has invested an additional $25,000 to develop Senior Transportation services at the C'TE; and Whereas Since 2007, the CTE has paid more than $400 million in wages to residents of Buffalo's East Side; and Whereas: Removal of funding will lead to the Shuttering of CTE's offices and therefore an unreasonable waste of taxpayer funding and progress in developing this transportation management organization, NOWI THEREFOREI BE IT RESOLVED: That Buffalo Common Council hereby opposes this predetermined, arbitrary and capricious contract award by NYSDOH; and Be it Further Resolved: That the Buffalo Common Council calls upon our state representatives to reverse this decision and save 40 jobs in Buffalo from being shifted to Syracuse without reason or justification; and BE IT F][NALLY RESOLVED: That certified copies of this resolution shall be Sent to Governor Andrew IV]. Cuomo, the Western New Yor /k/D /legation for the NYS Senate and Assembly. ADOPTED NO. 1091 BY: RASHEED WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Ronald Dolyk Ralph Gibson Kevin Peterson Total: 3 ADOPTED NO. 1092 BY: RASHEED WYATT 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. Laurence F. Adamczyk Angela Feeney Matthew Giancarlo Ashley Hart TOTAL:4 ADOPTED NO. 1093 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 13, 2014 at 9:45 o'clock AM Committee on Finance Tuesday, May 13, 2014 at 10:00 o'clock AM following Civil Service Committee on Community Development Tuesday, May 13, 2014 at 1:00 o'clock PM Committee on Legislation Tuesday, May 13, 2014 at 2:00 o'clock PM Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 1094 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Fontana the Council adjourned at 3:00 PM GERALD A. CHWALINSKI CITY CLERK