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Home My WebLink About14-0415PROCEEDINGS OF THE CITY OF BUFFALO APRIL 15, 2014 INVOCATION PLEDGE TO FLAG DATE April 15, 2014 FINAL MAYOR 750- A. Labor Contract Local 264 APP MAYOR - EXECUTIVE 751- 1. Citizen Serv- Submission of Monthly Report March 2014 R &F 752- 2. Strat Plan- Amendments to the 2013 -14 Annual Action Plan and Prior Yrs Plans for CDBG APP 753- 2A. Strat Plan -Mngt Agmt with Erie Canal Harbor Dev Corp for City -Owned Lands In Canalside APP 754- 3. Strat Plan -Report of Sale -277 Cherry(Ell) CD 755- 4. Strat Plan -Report of Sale -118 Fifteenth(Nia) APP 756- 5. Strat Plan -Report of Sale -1486 Jefferson(Mas) CD 757- 6. Strat Plan -Report of Sale -104 Lang -aka 156 Newburg(Lov) CD COMPTROLLER 758- 7. Audit Report on Fuel Consumption and Response From Purchase FIN 759- 8. Amendments to the 2013 -14 Annual Action Plan & Prior Yrs Plan R &F 760- 8A. Certificate of Determination - Terms, Form and Details of Issuance of General Improvement Serial Bonds -2014 APP COUNCIL PRESIDENT 761- 9. Concerns Maintenance of Towne Garden Apts by Platinum Mngt CD PUBLIC WORKS 762- 10. Bflo Olmsted Parks Conserv. Seeks COB Execution of Documents /Grant From NYS -Rose Garden and Marcy Casino Restoration APP 763- 11. Change in Contract -60 Hedley PI Reconstruction Electrical(Mas) APP 764- 12. Change in Contract -YWCA of WNY Ventilation Improvements APP 765- 13. Handicap Within City ROW -605 Fillmore on Paderewski(Fill) APP 766- 14. Permission to Engage in Agreement -Yard Waste Composting - Lardon Const APP 767- 15. Permission to Enter Agreement With FHWA, NYSDOT, NFTA, BSA & COB Water - Niagara St Gateway Project(Ell) APP 768- 16. Report of Bids -BFNHS -Rehab Project APP 769- 17. Report of Bids -Bflo & EC Historical Society - Electrical Renovations(Correction) APP 770- 18. Report of Bids -CEM CC Rehab Project APP 771- 19. Report of Bids - Dudley Library- Partial Reconstruction(South) APP 772- 20. Report of Bids - Fordham Dr Island Curb Replacement(North) APP 773- 21. Report of Bids -HUB -Rehab Project APP 774- 22. Report of Bids - Penhurst Parkway- Island Curb Replacement(Del) APP 775- 23. Report of Bids -Public Facilities Imp. E. Utica CC APP 776- 24. Report of Bids -Public Facilities Imp. Edward Saunders CC APP 777- 25. Report of Bids -Public Facilities Imp. -MLK Park Shelter(Mas) APP 778- 26. Report of Bids - Roosevelt Park Imp. Project(Univ) APP 779- 27. Report of Bids -West Ferry St Bridge Rehab(Nia) APP POLICE 780- 28. Drug Asset Forfeiture Wire Transfers R &F 781- 29. Appoint Police Lieutenant(Penn)(Schulz, Szykowiak II, Piatzak, O'Donnel, Long, Blesy, Connolly, Lewis) CS 782- 30. Appoint Police Lieutenant(Cont Perm)(Manley) CS CORPORATION COUNSEL 783- 31. Request for Approval of Settlement Sack v. COB APP 784- 31A Claims Committee Agenda- 04/23/2014 CLAIMS 785- 32. Appoint Assistant Corporation Counsel(Temp)(McDuffie) CS PERMITS AND INSPECTIONS 786- 33. Food Store(New) -74 Elmwood aka 76 Elmwood(Fill) LEG 787- 34. Mobile Food Truck -House of Munch(Albarella) LEG 788- 35. Food Store(New) -1618 Main St(Ell) LEG 789- 36. Request Permission to Accept Funds for Grant(BENLIC for Demo) APP 790- 37. Used Car Dealer -426 Abbott(South) LEG PARKING 51. G. Chwalinski -Public Review Information -2040 Metropolitan 791- 38. Abandoned Vehicle for City Use APP HUMAN RESOURCES 805- 792- 39. Contract Approval for Law Enforcement Psych Assoc - Firefighter Psych Exam FIN 793- 40. Contract Extension B -Well Case Mngt for Injured on Duty Police and Fire APP CITY CLERK PW 794- 41. Mayor reported out of state R &F 795- 42. Board of Ethics Meeting Minutes -Feb 2014 R &F 796- 43. Restricted Use Permit -75 W. Chippewa- 05/09/2014(Ell) CD 797- 44. Restricted Use Permit -75 W. Chippewa(Ell)- 05/23/2014(Ell) CD 798- 45. Liquor License Applications R &F 799- 46. Leaves of Absence R &F 800- 47. Reports of Attendance R &F 801- 48. Appointment Common Council Staff(Palmer) ADC 802- 49. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 803- 50. G. Chwalinski -Town of Cktg -Call for Public Hearing -Rez 432 Dingens (Lov) R &F 804- 51. G. Chwalinski -Public Review Information -2040 Metropolitan 63. LoCurtoNotifying Local Residents and Transportation Plan Update R &F 805- 52. EC Bd of Elections - Campaign Finance Seminar R &F 806- 53. J. Golombek- Conditions Food Store Licenses North District EDPI 807- 54. S. Herbert-List of Streets that Need Various Repairs PW 808- 55. NYSDEC- Designation of Restricted Highway -Route 33 R &F 809- 55A. C. Scanlon- Concerns Rural Metro FIN 810- 56. D. Smith -Info Say Yes to Buffalo ED ----- - -56A. C. Wettlaufer- Concerns King Center Charter School OBJECT PETITIONS 811- 57. D. Putnam, Owner, Use 936 Elmwood for an Outdoor Caf6(hrg 4/22)(Del) LEG,CPBD 812- 58. A. Mansour, Owner, Use 2050 Niagara to Alter Existing Store ADOPT 863- To Include a Take Out Restaurant(hrg 4 /22)(North) LEG,CPBD 813- 59. J. Desrosiers, Owner, Use 820 aka 822 Elmwood for a Take Out Service (hrg 4/22)(Del) LEG,CPBD 814- 60. L. Altieri, Owner, Use 494 Franklin for a Sit in Restaurant in the Allen St District(hrg 4 /22)(Fill) LEG,CPBD 815- 61. T. Bath, Owner, Use 1116 Elmwood for a Restaurant in the Elmwood Business District(hrg 4/22(Del) LEG,CPBD 816- 62. M. Brinaugh & O- Concerns Parking for Fruit Belt Residents on Their St CD,ST DELG R F 4C)T .T TTTClN4 867- 855- 62A. Fontana, etc FIRM NYS Senate Bill S6906, Assembly Bill A09189, An Act to Amend Real Property Tax Law ADOPT 856- 63. LoCurtoNotifying Local Residents and Business of Special Events ADOPT RES'S, REM TO CD 857- 64. LoCurto,etc Permission to Hang Pride Flags - Elmwood and Allen St APP 858- 65. LoCurto Permission to Hang Banners on Elmwood Ave at Lancaster APP 859- 66. LoCurto,etc Reviving the 1 % for Art in Public Places Program ADOPT 860- 67. Pridgen City of Buffalo Council District Tours ADOPT 861- 68. Pridgen Proposed Amendments to Ord Regarding Special Events Street Closings ADOPT RES'S, REM TO CD 862- 69. Pridgen Potential Expansion of a Volkswagen Plant in WNY ADOPT 863- 70. Pridgen Waiver of Special Events Permit Fees -Casa Adoracion Shaddai APP 864- 70A. Rivera Waiver of Fees for Taste of Diversity APP 865- 71. Scanlon Waive Event Fees -S. Bflo Farmers' Market & S. Bflo Charter School End of School Picnic APP 866- 72. Smith HR Request -Bill A.3702 -B -Amend Vehicle & Traffic Law ADOPT 867- 72A Smith HR Request -Bill S 870 -13- Amend Vehicl & Traffic Law ADOPT 868- 73. Wyatt Establishment of Bflo Youth Promise Act LEG SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 817- 1. 14 -647 Com Apr 1 818- 2.14-648 Com Apr 1 819- 3. 14 -659 Com Apr 1 820- 4. 14 -660 Com Apr 1 821- 5. 14 -661 Com Apr 1 822- 6. 14 -662 Com Apr 1 823- 7. 14 -663 Com Apr 1 824- 8. 14 -664 Com Apr 1 825- 9. 14 -665 Com Apr 1 826- 10. 14 -666 Com Apr 1 827- 11. 14 -667 Com Apr 1 828- 12. 14 -670 Com Apr 1 829- 13. 14 -671 Com Apr 1 830- 14. 14 -678 Com Apr 1 FINANCE 831- 15. 14 -705 Com Apr 1 832- 16. 14 -706 Com Apr 1 COMMUNITY DEVELOPMENT 833- 17. 14 -644 Com Apr 1 834- 18. 14 -529 Com Marl8 835- 19. 14 -584 No Mar 18 836- 20. 14 -467 No Mar 4 LEGISLATION 837- 21. 14 -669 Com 838- 22. 14 -673 Com 839- 23. 14 -694 No 840- 24. 14 -697 No Apr 1 Apr 1 Apr 1 Apr 1 841- 25. 14 -698 No 842- 26. 14 -730 No 843- 27. 14 -734 No 844- 28. 14 -633 Res 845- 29. 14 -295 Com 846- 30. 14 -91 Com 847- 31. 13 -53 No Apr 1 Apr 1 Apr 1 Mar 18 Feb 18 Jan 21 Dec 10 Appoint Administrative Assistant (Perm)(Inter)(Tisdale)(Compt) APP Appoint Senior Tax Clerk(Prov)(2 Step)(Guadalupe)(Asmt) APP Appoint Caulker Supervisor I(Temp)(Inter)(Anderson,Kreuz)) APP Appoint Filtration Plant Operator(Temp)(Inter)(Denecke) APP Appoint Motor Equipment Mechanic(Perm)(Max)(Koszuta) APP Appoint Motor Equipment Mechanic(Perm)(Max)(Feeney) APP Appoint Chief Pumping Plant Operator(Prov)(Max)(Kumro) APP Appoint Pumping Plant Operator(Prov)(Max)(Burgio) APP Appoint Pumping Plant Operator(Prov)(Max)(Ciaudella) APP Appoint Supervisor of Rinks and Pools(Prov)(hlter)(Leonard) APP Appoint 1 st Class Stationary Engineer(Prov)(Inter)(Veroba) APP Appoint Building Inspector(Temp)(Fifth Step)(Mazzone) APP Appoint Senior Account Clerk Typist(Perm)(3 d Step)(Porto) APP Notices of Appointments- Temp/Prov/Perm(Cty Clerk) R &F Extend Downtown Stadium Leasing Arrangements With Bflo Bisons Through March 31, 2015(CC)(14- 559,03/18) APP J. Paul -P. Merlo- Response Concerning Waterline 123 Roberts Ave(14- 593,03 /18) RECOMMIT Amendment to The 2013 -14 Annual Action Plan- CDBG(Strat Plan) R &F Agmt Btwn COB & ECHCD for Mngt of Canalside(Strat Plan) R &F Golombek -L. Pierce - Concerns Water Line 1740 Elmwood R &F D. Rivera -Open Bflo Alarming Disparities -The Disproportionate Number of African American/Hispanic -EC Criminal Justice System R &F Used Car Dealer -1933 Genesee(Lov)(EDPI) RECOMMIT Endorses Efforts to Establish the Buffalo Youth Promises Act(BOE) R &F R. Wyatt-R. Scibillia Remarks Re Buffalo Youth Promise Act R &F R. Carpenter, Owner, Use 478 Elmwood to Reestablish Use of a Restaurant 33. In the Elmwood Business District/Cont Use of Patio and July 23 Fence(Nia)(04 /08) APP /COND T. Martina, Owner, Use 376 Grant to Erect a Wood Deck & Rails for an Outdoor 34. Caf6 Permitted Uses for Indoor Music(Nia)(hrg 04/08) APP /COND F. Zappia, Agent, Use 1147 Abbott Rd for a Pole Sign/ Full Use R &F LED(South)(hrg 3/25)( #14 - 603.3 /18) RECOMMIT A. Abbas, Owner, Use 459 Elmwood aka 467 Elmwood for a Hookah Lounge Oct 2 In the Elmwood Ave Special Zoning District(hrg 3/11) R &F (Nia)(# 14- 471.3 /04) APP /COND Buffalo Firefighters and Overdose Prevention(Exc Res)(LoCurto) R &F Concerns Identifying Police Cars /Suggested Answer(CP) R &F Food Store License Renewals 2014(EDPI) R &F D. Smith - Article Assembly Introduces Legislation Est June Primary 848- 32. 13 -88 No July 23 D. Smith- Health Care for All New York R &F 849- 33. 13 -89 No July 23 D. Smith -Myths About Health Care Reform R &F 850- 34. 13 -30 No Jan 8 D. Pridgen- Concerns Bail Bondsman Vehicles R &F 851- 35. 12 -87 Res Oct 2 Illegal Dumping(Smith) R &F 852- 36. 12 -154 Res Sept 4 Responsible Banking Act(Smith) R &F 853- 37. 12 -19 Com Nov 27 Clarifying The City's Food Store Licensing Closure & Appeals Process(EDPI) R &F 854- 38. 13 -65 No Dec 23 Food Store License (New) -2756 Bailey(Mas)(EDPI) (# 22,10/29)( #49,11/12)( #73,12 /10) APP /COI` CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY APRIL 15, 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 1, 2014 were approved FROM THE MAYOR NO. 750 LABOR CONTRACT WITH INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 264 1 hereby submit for Your Honorable Body's consideration and approval the attached contract with the International Brotherhood of Teamsters Local 264, which has been agreed to by the Union leadership and duly ratified by its membership after lengthy negotiations with the City. This sixteen -year contract provides affected city employees with 2% salary increases beginning July 1, 2007 and continuing through July 1, 2016. Covered employees will receive a safety boot voucher, which meets the Occupational Safety and Health Act (OSHA) standards. In addition, employees' stand -by shifts (for emergency crews) have been modified to foster a safer and healthier work environment. This contract is expected to yield $307,407.95 in total savings to the City of Buffalo through 2016. These savings are realized as a result of: (1) employees being placed in the Blue Cross /Blue Shield Traditional Blue POS 204/204 Plus Plan, (2) new hires contributing 15 -25% towards health care, (3) a reduction in vacation time, (reduced retiree healthcare premiums, and (4) various work rule and shift changes that will generate City savings with respect to overtime and personal leave time. , Additionally, this contract provides management with additional rights with respect to employees' seniority, discipline and discharge, probation periods, overtime scheduling, vesting of retirement health care and standby shifts. The contract also changes the current five -step wage schedule to a new seven -step schedule going forward. Moreover, all covered employees shall now maintain domiciled residency within the City of Buffalo. I urge your Honorable Body to approve this contract at your earliest opportunity, as I believe it is in the best interests of the City of Buffalo. Mr. Smith moved: That the above item be, and the above communication from the Office Ofthe Mayor, dated April 11, 2014, be received and filed; That the Common Council hereby approves the contract with the International Brotherhood of Teamsters Local 264, which has been agreed to by the Union leadership and duly ratified by its membership after lengthy negotiations with the City. PASSED AYES — 9 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 751 SUBMISSION OF MONTHLY REPORT FOR MARCH 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 March 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 OFFICE OF STRATEGIC PLANNING NO. 752 AMENDMENT TO THE 2013 -14 ANNUAL ACTION PLAN AND PRIOR YEARS' ANNUAL ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ITEM NO. 00644 -A, CCP 04 -01 -14 (ORIGINAL AMENDMENT FILING) ITEM NO. 00013, CCP 07/09/13 (2013 ANNUAL ACTION PLAN) ITEM NO. 00070, CCP 02 -07 -12 (2012 ANNUAL ACTION PLAN) ITEM NO. 00003, CCP 02 -15 -11 (2011 ANNUAL ACTION PLAN) ITEM NO. 00057, CCP 02 -16 -10 (2010 ANNUAL ACTION PLAN) Attached for Your Honorable Body's consideration, please find the updated amendments to the City of Buffalo's 2013 -2014 Annual Action Plan and Prior Years Annual Action Plans originally submitted March 31, 2014. A public heading was held on the attached Amendments April 8, 2014. No objections were raised at the public hearing. The Office of Strategic Planning requests that Your Honorable Body approve the Amendments to the 2013 -2014 Annual Action Plan and Prior Years Annual Action Plan dated April 8, 2014, which is attached hereto. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 10, 2014, be received and filed; and That the Common Council hereby approves the amendments to the 2013 -14 Annual Action Plan and Prior Years' Annual Action Plan originally submitted on March 31, 2014. A public hearing was held on April 8, 2014 on the Amendments. No objections were raised at the public hearing. PASSED AYES — 9 NOES - 0 NO. 753 MANAGEMENT AGREEMENT WITH ERIE CANAL HARBOR DEVELOPMENT CORPORATION FOR CITY -OWNED LANDS IN CANALSIDE ITEM NO. 529, MARCH 18, 2014 Attached for Your Honorable Body's consideration, please find the updated management agreement with Erie Canal Harbor Development Corporation with the "draft" stamp removed and a sentence inserted on page 3 under section 2.2 which reads, "ECHDC shall pay water over and above what was metered at the Site in 2013." All other language remains the same. I am requesting that your Honorable Body authorize the Mayor or his designee to execute the attached agreement on behalf of the City of Buffalo with Erie Canal Harbor Development Corporation, with only such clarifications and modifications to non - material terms as are recommended and negotiated by the Law Department in conjunction with finalizing the final form and substance of the Agreement. I am further requesting that your Honorable Body authorize my office and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final Agreement in its final form. 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; That the Common Council hereby authorizes the Mayor or his designee to execute the updated management agreement between the City of Buffalo and the Erie Canal Harbor Development Corporation (ECHDC); and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final agreement in its final form. PASSED AYES — 9 NOES - 0 NO. 754 REPORT OF SALE 277 CHERRY - VACANT LOT SOUTH SIDE 688.50' EAST OF MORTIMER LOT SIZE: 60'X 125' ASSESSED VALUATION: $2,300 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Pastor Dwayne Jones of Mt. Aaron Baptist Church, 540 Genesee Street, Buffalo, New York 14204 to purchase 277 Cherry Street. The city owned vacant lot at 277 Cherry Street is adjacent to the church's property located at 540 Genesee. ME Agii- 0i'iBaptist Church intends to use the vacant lot at 277 Cherry for additional green space and recreational purposes for their day care program. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty -Seven Cents ($.47) to Eighty Cents ($.80) per square foot. Mt. Aaron Baptist Church has agreed and is prepared to pay Three Thousand One Hundred Twenty -Five Dollars ($3,125), Fifty Cents ($.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 277 Cherry Street in the amount of Three Thousand One Hundred Twenty -Five Dollars ($3,125) to Mt. Aaron Baptist Church. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 755 REPORT OF SALE 118 FIFTEENTH STREET - CITY OWNED VACANT LOT SOUTH SIDE 150.50' SOUTHEAST OF VERMONT LOT SIZE: 31'X 148' ASSESSED VALUATION: $4,100 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Eduardo Rodriquez residing at 315 Vermont Street, Buffalo, New York 14213 to purchase 118 Fifteenth Street. Mr. Rodriquez owns a two family dwelling at 120 Fifteenth Street, which is adjacent to the vacant lot at 118 Fifteenth Street. He intends to fence in the vacant lot at 1 -18 Fifteen Street and utilize the vacant land for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty -Five Cents ($.65) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Rodriquez has agreed and is prepared to pay Three Thousand Dollars ($3,000), Sixty -Five Cents ($.65) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 118 Fifteenth Street in the amount of Three Thousand Dollars ($3,000) to Eduardo Rodriquez. 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 April 8, 2014, be received and filed; and That the offer from the Mr. Eduardo Rodriquez of 315 Vermont Street, Buffalo, New York 14213, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 118 Fifteenth Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 756 REPORT OF SALE 1486 JEFFERSON- VACANT LOT LOCATED 232.23' NORTH OF FERRY LOT SIZE: 30'X 125' ASSESSED VALUATION: $3,800 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David Pawlik of CSS Construction on behalf of Belmont Housing Resources for WNY (Developer), 1195 Main Street, Buffalo, New York 14209 to purchase 1486 Jefferson Avenue: The Developer is in the process of purchasing 1490 Jefferson, which is a cultural facility. They were also the successful bidder at the recent foreclosure auction and purchased 1484 Jefferson. The city owned vacant lot at 1486 Jefferson is located between 1484 and 1490 Jefferson. The Project will consist of rehabilitating the existing structure at 1490 Jefferson to a mix of 1 and 2 bedroom units as well as non - residential commercial space on the ground floor. Approximately 3,000 sq. of commercial space will be occupied by Black Achievers, Inc. Black Achievers, Inc. is a not for profit corporation whose primary activity is to recognize and promote the achievement of African American individuals who have been successful in business and industry in WNY. They will operate the Buffalo Black Achievers Museum. Total project costs are estimated at Seven Million Four Hundred Fifty One Dollars ($7,451,000). The Developer will be using Empire State Development ( "ESD ") funding in the amount of approximately $500,000 for renovations of the nonresidential commercial space. The ESD funding will be used, but not limited to, selective demolition of interior and general preparation for commercial tenants, exterior commercial facade, mechanical, electrical and plumbing design and installation. If additional ESD funds are available after the commercial space is completed, then the funding will be utilized for the rehabilitation of the Project's residential space. Primary funding sources for the residential portion of the Project include Low Income Housing Tax Credits and Low Income Housing Trust Fund Program Loan provided by New York State Housing & Community Renewal. 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, on condition that the Developer acquires title to the building located at 1490 Jefferson. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Developer commissioned the KLW Group; Michael N. Gagliano, Appraiser, to estimate the fair market value of 1486 Jefferson. Mr. Gagliano has estimated the Fair Market Value to be Three Thousand Dollars ($3,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Belmont Housing Resources for WNY has agreed and is prepared to pay Three Thousand Dollars ($3,000) for the subject property, on condition they obtain title to the building located at 1490 Jefferson. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1486 Jefferson Avenue for the amount of Three Thousand Dollars ($3,000) to Belmont Housing Resources for WNY, on condition they acquire title to the property located at 1490 Jefferson. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 757 REPORT OF SALE - FORMER SCHOOL NO 71 104 LANG (AKA 156 NEWBURG EAST CORNER OF ROSYLN LOT SIZE 203.97 X 414.70' ON NEWBURGH 360.42' ON ROSYLN ASSESSED VALUE LAND $78,400 IMPROVEMENT $1,929,000 TOTAL $2,007,400 The Office of Strategic Planning, Division of Real Estate. has received a request from Keith Frome, Ed. D., Executive Director on .behalf of the King Center Charter - School (KCCS) to purchase former School No. 71 located at 104 Lang for its new educational home. KCCS is housed in two separate facilities totaling 40.000 square feet, with kindergarten and ;,1 st grade housed in a former Roman Catholic Church dating back to the 1880's, the former St. Mary of Sorrows. The Church is a City -owned building leased from the City of Buffalo by the King Urban Life Center. From a physical plant development perspective KCCS's construction plans for the facility are minimal Together with McGuire Development Company, LLC, KCCS plans to install an elevator estimated at $150,000; floor replacement that has been damaged by lack of temperature conditioning over the past 5 years estimated at $247,500; asbestos abatement estimated at $162,500; paint and miscellaneous repairs estimated at $37,500. KCCS is also prepared to undertake any as -yet undiscovered capital projects and maintenance issues that are concealed due to the building's current mothballed status. KCCS has shown sufficient cash on hand to close this transaction and make the necessary capital repairs and improvements needed to commence operations at the property. The request was forwarded to the Office of Strategic Planning Land Use Planning Committee, the Division of Permit and Inspection Services and the Division of Collections. There were no objections to the sale of the property and there are no taxes or other liens owed to the City of Buffalo by the purchaser. n accordance with Article 27 -5 of the City Charter, Sale by Appraisal, KCCS commissioned GAR Associates, Mr. Walter Allen, Appraiser to estimate the value of the property. Mr. Allen as estimated the Fair Market Value of 104 Lang (a.k.a. 156 Newburgh /to be Three Hundred Thirty Thousand Dollars ($330,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. KCCS has agreed and is prepared to pay Three Hundred Thirty Thousand Dollars ($330,000) for said property. The subject property shall be sold on condition that KCCS agrees to accept the property in "as is" condition; pay for title search and title report, survey, transfer tax and recording fees: and provide the City of Buffalo with full release and indemnity 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 respectfully submit the Report of Sale so that Your Honorable Body may take action on the abandonment and sale of former PS 71 located at 104 Lang to King Center Charter School or an entity to be designated by King Center Charter School in the amount of Three Hundred Thirty Thousand Dollars ($330,000) on condition: 1. That the KCCS or entity to be designated by KCCS accepts title in "as is" condition. 2. That the KCCS or entity to be designated by KCCS pays for all closing costs including but not limited to title search and report, survey, transfer tax recording fees, etc. 3. That the KCCS or entity to be designated by KCCS will provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. If approved, the Office of Strategic Planning will prepare the necessary documents for the transfer of title and the Mayor shall be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 758 AUDIT REPORT ON FUELCONSUMPTION AND RESPONSE FROM PURCHASE ATTACHED IS THE AUDIT REPORT ON FUEL CONSUMPTION, AS WELL AS THE RESPONSE FROM THE DIVISION OF PURCHASE. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE. NO. 759 AMENDMENTS TO THE 2013 -2014 ANNUAL ACTION PLAN & PRIOR YEARS' ACTION PLANS ITEM # 644, C.C.P. 4/1/2014 At the April 8, 2014 meeting of the Common Council Community Development Committee, the Department of Audit and Control informed the committee that it had several concerns with the Amendments to the 2013 -2014 Annual Action Plan & Prior Years' Action Plans as it was originally filed with the council on April 1, 2014. After reviewing the updated version of this document on April 8, and suggesting additional changes, we are confident that the final version that has been submitted to us is acceptable. However, we would like to encourage that, in the future, the Office of Strategic Planning submits any of these types of documents to the Department of Audit and Control prior to filing them with the Common Council. If we were able to review the document prior to its submission to the Common Council, we would have identified the errors that needed to be corrected. Mark J. F. Schroeder Comptroller RECEIVED AND FILED NO. 760 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $25,639,769 GENERAL IMPROVEMENT SERIAL BONDS -2014 OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING FOR THE PUBLIC SALE THEREOF I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: (1) Authorization, Principal Amount, Maturity Schedule, Issue Date and Designation: (a) Bonds of the City (the "Bonds ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in such Appendix shall be issued pursuant to the bond resolutions duly adopted by the Common Council on their respective dates as set forth in Appendix A, and shall mature, with substantially level or declining debt service, on April 1 in the aggregate principal amounts and in each of the years as detailed in the amortization schedules in Appendix A. The weighted average period of probable usefulness for said bonds is hereby determined to be 9.578149 years as detailed in the attached schedules in Appendix A hereto. $13,977,769 of the proceeds of the Bonds, together with $1,378,889 current funds of the City, will be applied to redeem a $15,356,658 portion of the City's bond anticipation notes maturing on April 30, 2014 and $11,662,000 of the proceeds of the Bonds will be applied to provide new original financing for each of the respective purposes as set forth in Appendix A. (b) All of said bonds hereinabove referred to in Appendix A, row J shall be combined, for the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $25,639,769 and each of said Bonds shall be designated "General Improvement Serial Bonds - 2014 ". (c) Such maturity schedules may be revised following the sale of the bonds, in accordance with the Notice of Sale referred to hereinafter, to meet the requirements of substantially level or declining debt service. Any such revised maturity schedule will be set forth in the Certificate of Award filed with the Common Council after the sale of the Bonds.. (2) Interest Rate. Dates and Medium of Payment. The Bonds shall bear interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in multiples of one - hundredth of 1 % or multiples of one - eighth of 1 % which the Bonds are to bear, and said bidder may state different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be determined by the undersigned Comptroller upon the receipt of bids therefor, as hereinafter set forth, payable on April 1, 2015, October 1, 2015 and semi - annually thereafter on April 1 and October 1 in each year until maturity, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date. The Bonds are not subject to redemption prior to maturity. (3) Bond Insurance. If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. (4) Denominations, Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2015, not exceeding the aggregate principal amount of Bonds maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The 2014 Bonds shall be lettered R, and shall be numbered separately from one (1) consecutively upward in the order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein. (5) Book -Entry System The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2015. Beneficial owners of the Bonds will not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. (6) Discontinuance of Book Entry System. In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. (7) Fiscal Agent. Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. (8) Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. (9) Transfer of Bonds. Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. (10) Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. (11) Sale of Bonds. The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on April 16, 2014 until 11:00 a.m. (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notice of Sale in substantially the form as provided in Appendix B, which shall be published at least once in "The Bond Buyer "published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of said sale. Award of the Bonds will be made by the City Comptroller. Delivery of the Bonds shall be effected on or about April 29, 2014, upon (i) receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. (12) of Bonds. Said Bonds shall be in substantially the form set forth in Appendix C hereto. (13) SEC Rule 15c2 -12. In order to assist bidders in complying with Rule 15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance of the successful bidder's proposal for each series, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix D hereto. Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12. 1 HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 1 st day of April, 2014. Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated April 1, 2014, be received and filed; That the Common Council hereby approves the certificate of determination by the Comptroller determining the terms, forms and details of issuance of $25,639,769.00 General Improvement Serial Bonds -2014 of the City of Buffalo, New York, and providing for the public sale thereof. PASSED AYES — 9 NOES — 0 FROM THE PRESIDENT OF THE COUNCIL NO. 761 CONCERNS MAINTENNANCE OF TOWNE GARDEN APT BY PLATINUM MNGT Mr. Florence, It has come to my attention that the Towne Gardens Apartments and Plaza areas are not being properly maintained by Platinum Management. The visibility of garbage, tires, couches, and mattresses stacked up near the fence behind the business parking lot is not acceptable. Residents have continuously complained about the improper maintenance of the area including excessive garbage, the lack of salting and shoveling during the winter season. This often prevents not only the residents but also the senior citizens and the disabled, for fear of falling when walking on the property. The importance of the responsibility of the property owner to maintain the premises should not be overlooked. I'd appreciate your immediate compliance regarding the removal of the rubbish along the fence line. Sincerely, Darius G. Pridgen Council President Ellicott District Councilmember REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS COMMUNICATION TO THE COMMON COUNCIL NO. 762 THE BUFFALO OLMSTED PARKS CONSERVANCY SEEKS CITY OF BUFFALO'S EXECUTION OF CERTAIN AGREEMENTS AND RELATED DOCUMENTATION WITH REGARD TO A $260,000 GRANT TO THE BUFFALO OLMSTED PARKS CONSERVANCY FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR ROSE GARDEN PERGOLA AND MARCY CASINO RESTORATION IN DELAWARE PARK. The Buffalo Olmsted Parks Conservancy is planning to perform Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration in Delaware Park. The New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP ") has approved $250,000 in grant funding ( #El 1 N72) to be utilized for the repairs /restoration. Because Delaware Park is a City -owned property, the City of Buffalo's agreement to certain preservation covenants /agreements and other conditions related to the grant funding are required by OPRHP. These covenants essentially require agreement by the City and the Buffalo Olmsted Parks Conservancy to the effect that the property improved with the grant funding will not, without prior consent of OPRHP, be sold, leased or otherwise conveyed for use for other than public park purposes. Further covenants /agreements involve an obligation on behalf of the City or the Buffalo Olmsted Park Conservancy to repay up to "one and one half times" the $250,000 OPRHP grant funding in the event of certain violations of the agreements or in the event of deliberate acts or gross negligence of the City or the Buffalo Olmsted parks Conservancy leading to destruction of the improved property. Otherwise, the City is not required to provide any funding in connection with this grant. Further, the Buffalo Olmsted Parks Conservancy has agreed to obligate itself to cover the grant repayment obligation in the event that the grant proceeds must be repaid. For your reference and further information about the documentation and related agreements which the City is being requested to execute (along with the Buffalo Olmsted Parks Conservancy) as a condition of the $250,000 OPRHP grant funding, I have attached a copy of the State of New York Agreement ( "Grant Agreement "), the Preservation Covenant to run with the land for a period of 25 years after the final disbursement of the grant. I am requesting that your Honorable Body authorize the Mayor to execute the attached Grant Agreement and Preservation Covenant and farther that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $250,000 OPRHP grant funding for the Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration project in Delaware Park. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 24, 2014, be received and filed; That the Common Council hereby authorizes the Mayor to execute the Grant Agreement and Preservation Covenant from the New York State Office of Parks, Recreation and Historic Preservation .( "OPRHP ") to the Buffalo Olmsted Parks Conservancy in the amount of $250,000.00 to be utilized for the Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration in Delaware Park; and That the Common Council hereby authorizes the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $250,000.00 OPRHP grant funding for the Rose Garden Pergola and Marcy Casino landscape and foundation wall restoration project in Delaware Park. PASSED AYES 9, NOES 0 NO. 763 CHANGE IN CONTRACT 60 HEDLEY PLACE - PHASE II RECONSTRUCTION - ELECTRICAL CONTRACT #93000902 MASTEN DISTRICT I hereby submit to Your Honorable Body the following change for 60 Hedley, Phase II Reconstruction, Electrical, Frey Electrical, C #93000902. 1) This change includes labor and materials required for the stabilization of Add $ 5,843.25 The adjustable display lighting and the automation of tow (2) entry doors. The foregoing change results in a net increase in the contract of Five Thousand Eight Hundred Forty Three Dollars and 25/100 ($5,843.25). Summary: Original Contract Amount $141,000.00 Amount of this Change Order ( #1) $ 5,843.25 Revised Contract Amount $146,843.25 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 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 $5,843.25 (Original Contract Amount $141,000.00 + Change Order #1 $5,843.25 for a Revised Contract Amount of $146,843.25) for 60 Hedley Place, Phase 11 Reconstruction, Electrical, to Frey Electric, C #93000902. Funding is available in Account #35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 764 CHANGE IN CONTRACT #H0000112 YWCA OF WNY, INC. VENTILATION IMPROVEMENTS PROJECT # 32 -60204 / 30 -60202 NORTH I hereby submit to Your Honorable Body the following change for the YWCA of WNY, Inc. Ventilation Improvements Project #32 -50204 / 30- 50202, C # H0000112. 1) This change includes labor and materials for the installation of new duct runs required for the ADD: $2,398.61 Unforeseen elevation changes in the facility as a result of being two separate adjacent buildings. New duct runs from MUA #2 (New upsized unit) in order to keep ducts in the building needing the airflow. The Change order also includes a rebalance of MUA #2 that services all of the residential hallways on floor 1 -3. The foregoing change results in a net increase in the contract of Two Thousand Three Hundred Ninety Eight Dollars and 61/100 ($2,398.61). Summary: Original Contract Amount $72,400.00 Amount of this Change Order ( #1) $ 2,398.61 Revised Contract Amount $74,798.61 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CB9B2047 — 47000 and CJ9132027 — 47000 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 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 $2,398.61 (Original Contract Amount $71,400.00 + Change Order #1 $2,398.61 for a Revised Contract Amount of $74,798.61) for the YWCA of WNY, Inc. Ventilation Improvements Project #32 -50204 30- 50202, Contract #H0000112. Funding is available in Accounts CB9B2047 - 47000 and CJ9135027 - 47000 Buildings. PASSED AYES 9, NOES 0 NO. 766 606 FILLMORE ON PADEREWSKI: HANDICAP RAMP WITHIN CITY RIGHT OF WAY Ms. Suzanne L. Bissonette, Executive Director of Cazenovia Recovery Systems, Inc., prospective owners of the property located at 605 Fillmore Ave., has requested permission to encroach City Right of Way with a handicap ramp at said address. Cazenovia Recovery Systems is licensed by the New York State Office of Alcoholism and Substance Abuse Services. They are required by same to make the property in question Handicapped Accessible. The practical way to achieve this is to construct a handicap ramp on the Paderewski Drive side of the property. The proposed ramp would measure 27' in length and project 8' from the building face into City Right of Way leaving 6' of unobstructed sidewalk. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That approval is contingent on Cazenovia Recovery Systems, Inc. acquiring the property. 2. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 3. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 4. That the ramp be constructed so as not to be permanent in nature. 5. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel Which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 9, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Mere License" to Ms. Suzanne L. Bissonette, Executive Director of Cazenovia Recovery Systems, Inc., the prospective owners of the property located at 605 Fillmore Avenue, for the installation of a handicap ramp, pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances, provided the following conditions are met: • That the proposed ramp measures 27' in length and project 8' from the building face into the City right -of -way, leaving 6' of unobstructed sidewalk; • That approval is contingent on Cazenovia Recovery Systems, Inc. acquiring the property; • That the applicant obtain any and all other City of Buffalo permits necessary for installation; • That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permits and Inspection Services; • That the ramp be construction so as not to be permanent in nature; and • That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp. PASSED AYES 9, NOES 0 NO. 766 PERMISSION TO ENGAGE IN AGREEMENT FOR YARD WASTE COMPOSTING WITH LARDON CONSTRUCTION I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Lardon Construction LLC. For yard waste collection and composting services. The contract period is from the date of the through March 31, 2016. The vendor has been chosen through the Request for Qualification and Proposals process. Results are below: Option A Option B City Location $ /ton Contractor site $ /ton Modern Corporation No bid No bid CJ Kranz No bid $60,000 annually /no ton limit (500 Smith Road, Amherst, NY) Good Earth No bid $85,000 annually /no ton limit (5960 Broadway, Lancaster, NY) Lardon Construction $30.99 /ton $20.99 /ton (108 Lake Ave., Blasdell, NY) Funds are available in account #52002606 — 422100 Refuse Disposal Services. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 8, 2014, be received and flied; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage in an agreement with Lardon Construction LLC for yard waste collection and composting services. The contract period is from the date of the contract through March 31, 2016. Funds are available in Account #52002606 - 442100 Refuse Disposal Services. PASSED AYES 9, NOES 0 NO. 767 PERMISSION TO RECEIVE BIDS FROM CONSTRUCTION CONTRACTORS AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, BSA AND CITY OF BUFFALO WATER AUTHORITY FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECTION OF THE NIAGARA STREET GATEWAY PROJECT BETWEEN VIRGINIA/CAROLINA ENTRANCE TO 1 -190 TO NIAGARA SQUARE CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT DISTRICT & FILLMORE DISTRICT PRIOR COUNCIL REFERENCE: #18 of July 10 2007 The Federal Highway Administration (FHWA) have designated $2.951 M for the design, construction, administration and inspection of Niagara Street Gateway Project between Virginia /Carolina Entrance to 1 -190 to Niagara Square This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.14. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, BSA and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 10, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into an agreement with the Federal Highway Administration ( "FHWA "), the New York State Department of Transportation ( "NYSDOT "), the Niagara Frontier Transportation Authority ( "NFTA "), the Buffalo Sewer Authority ( "BSA ") and the City of Buffalo Water Authority for the design, construction, administration and inspection of the Niagara Street Gateway Project between the Virginia /Carolina entrance to the 1- 190 to Niagara Square. The FHWA has designated $2.951 million for this project, and it is listed on the New York State Regional Transportation Improvement Program ( "TIP ") under PIN #5757.14. The agreements would enable the Department of Public Works, Parks and Streets to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. PASSED AYES 9, NOES 0 NO. 768 REPORT OF BIDS BROADWAY FILLMORE NEIGHBORHOOD HOUSING SERVICES REHABILITATION PROJECT CDBG FUNDED YEAR 36- 10200, 8473 1 advertised for on December 3, 2013 and received the following formal sealed bids for the Broadway Fillmore Neighborhood Housing Services Rehabilitation Project, which were publicly opened and read on December 17, 2013. General Construction Base Bid Grove Roofing, Inc. $ 75,250.00 131 Reading Street Buffalo. NY Jos. Sanders & Sons $ 76,216.00 P.O. Box 814 Buffalo. NY Progressive Roofing, Inc. $115,000.00 331 Grote Street Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Grove Roofing, Inc. with a Base Bid of $75,250.00, plus 10% contingency of $7,525.00, for a total amount of Eighty Two Thousand Seven Hundred Seventy Five and 00/100 Dollars ($82,775.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CF9M2007- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Broadway Fillmore Neighborhood Housing Services Rehabilitation Project, with Grove Roofing, Inc., with a Base Bid of $75,250.00, plus 10% contingency of $7,525.00, for a total amount of $82,775.00. Funding for this project is available in CF9M2007- 470000- Buildings. PASSED AYES 9, NOES 0 NO. 769 REPORT OF BIDS — CORRECTION BUFFALO & ERIE COUNTY HISTORICAL SOCIETY ( BECHS) ELECTRICAL RENOVATIONS JOB #1283 NORTH DISTRICT PRIOR COUNCIL REFERENCE: Item No. 19 CCP 12 -26 -12 1 advertised for on June 18, 2013 and received the following formal sealed bids for the BECHS Electrical Renovations, which were publicly opened and read on July 2, 2013. Base Bid Alt #1 Alt #2 Alt #3 Alt # Alt #6 Frey Electric Construction $673,000.00 $79,000.00 $37,000.00 $10,000.00 $56,000.00 $37,000.00 100 Pearce Tonawanda, NY CIR Construction $675,000.00 $85,900.00 $53,400.00 $18,900.00 $77,100.00 $61,700.00 400 Ingham Buffalo, NY Goodwin Electric. $807,000.00 $82,103.00 $27,600.00 $12,731.00 $60,495.00 $63,912.00 201 S. Youngs Williamsville, NY Alternate #1 : Remove and replace existing fire alarm system. Alternate #2: Provide Site Lighting Alternate #3: Provide receptacles on second floor. Alternate #5: Provide extension of existing surveillance camera system Alternate #6: Remove and replace existing telephone system in the B &ECHS building and Reinstein Building. Provide PA system connected to replacement telephone system I hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric Construction Co. Inc., with a base bid of $673,000.00, add Alternate 01 for $79,000.00, add Alternate #2 for $37,000.00, add Alternate #3 for $10,000.00, add Alternate #5 for $56,000.O0,and add Alternate #6 for $37,000.00, for a total bid of Eight Hundred Ninety Two Thousand and 00/100 Dollars ($892,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32320306 445100 ($398,785.56) and 37329406 445100 ($493,214.44) - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Buffalo and Erie County Historical Society Electrical Renovations, with Frey Electric Construction Co., Inc., with a total bid amount of $892,000.00 (Base Bid of $673,000.00, plus Alt. #1 for $79,000.00, plus Alt. #2 for $37,000.00, plus Alt. #3 for $10,000.00, plus Alt. #5 for $56,000.00, plus Alt. #6 for $37,000.00 for a total bid amount of $892,000.00. Funding for this project is available in Account #32320306 445100 ( #397,785.56) and #37329406 445100 — Buildings ($493,214.44) PASSED AYES 9. NOES 0 NO. 770 REPORT OF BIDS CEM COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 08202, 8481 1 advertised for on March 11, 2014 and received the following formal sealed bids for the CEM Community Center, Rehabilitation Project, which were publicly opened and read on April 1, 2014. General Construction Base Bid Alt #1 Alt #2 Alt #3 Hadala Construction $92,000.00 $46,100.00 $8,300.00 $26,000.00 331 Grote, Buffalo, NY 4207 Frey Electric No Bid 100 Pearce, Buffalo, NY 14150 Nitcher Construction No Bid 30 Wildwood Drive, Lancaster NY 14086 DW Development No Bid 701 Winspear Rd, Elma NY 14059 New Cal Construction No Bid 10994 Tinkham Road, Darien NY 14040 Alternate #1 : All Associated work with abatement work, electrical work, Condensate Pump CP -2, Pump enclosure, work in north corridor - electrical room - toilet room and all pipe connections in boiler room. Alternate #2: Survey and Inspect 40 Steam traps Alternate #3: Replace steam traps, not to exceed 40. 1 hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Hadala Construction with a Base Bid of $92,000.00, add Alt. #1 of $46,100.00, add Alt. #2 of $8,300.00, add Alt. #3 of $26,000.00 plus 10% contingency of $17,240.00.00, for a total amount of One Hundred Eighty Nine Thousand Six Hundred Forty and 00/100 Dollars ($189,640.00.) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9K2027- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 CEM Community Center, Rehabilitation Project, with Hadala Construction, with a Base Bid of $92,000.00, plus Alt. #1 of $46,100.00, plus Alt. #2 of $8,300.00, plus Alt. #3 of $26,000.00, plus 10% contingency of $17,240.00, for a total amount of $189,640.00. Funding for this project is available in CH9K2027- 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 771 REPORT OF BIDS DUDLEY LIBRARY PARTIAL RECONSTRUCTION JOB NO. 1408 SOUTH DISTRICT I asked for on March 18, 2014, and received the following informal sealed bids for Dudley Library 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 'No 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 $8,424.00, 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. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Nichter Construction, with a Base Bid of $91,000.00, plus Alt. #1 of $6,424.00, plus Alt. #2 of $2,035.00, for a total bid amount of $107,459.00. Funding for this project is available in Account #33321006 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 772 REPORT OF BIDS, GROUP #767 -D FORDHAM DRIVE ISLAND CURB REPLACEMENT NORTH DISTIRCT In obtaining these bids for the above mentioned project, I have asked for unity price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $221,636.64 $243,800.30 411 Ludington Street, Buffalo, NY 14206 P & J Construction Co., Inc. $224,200.10 $246,620.11 709 Pleasant View Dr., Lancaster, NY 14086 Nova Site Company $227,710.00 $250,481.00 6 Lena Court, West Seneca, NY 14224 Hydrolawn of Buffalo, Inc. $254,672.00 $280,139.20 237 Main Street, Buffalo, NY 14203 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $ ( $221,636.64 -Base Bid + $22,163.66 - 10% unit price increase = $243,800.30 Total Contract Amount) . Funds for this contract are available in #36319406- 445100, and /or an account(s) to be named at a later date. The engineer's estimate for this work is $254,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Fordham Drive Island Curb Replacement Project, with Destro & Brothers Concrete Co., Inc.. with a total contract amount of $243,800.30 (Base Bid of $221,636.67, plus 10% unit price increase of $22,163.66, for a total contract amount of $243,800.30. Funds for this contract are available in Account #36319406- 445100, and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 773 REPORT OF BIDS HISPANICS UNITED OF BUFFALO REHABILITATION PROJECT CDBG FUNDED YEAR 38- 14203, 8488 1 advertised for on October 24, 2013 and received the following formal sealed bids for the Hispanics United' of Buffalo, Rehabilitation Project, which were publicly opened and read on November 13, 2013. General Construction Base Bid Alt. #4 Alt. #5 Alt. #6 Alt. #7 Grove Roofing, Inc. $62,600.00 $28,000.00 $7,80 &00 $3,800.00 $10,000.00 131 Reading Street Buffalo. NY Progressive Roofing, Inc. $78,000.00 $50,400.00 $4,800.00 $2,800.00 $10,000.00 331 Grote Street Buffalo. NY Jameson Roofing, Inc. $142,861.00 $64,982.00 $11,254.00 $6,286.00 $11,187.00 3761 East Lake Road Dunkirk, NY Alternate Item #4: All work associated reconstruction of existing roof over two story section per plans. Alternate Item #5: All work associated reconstruction of third roof per plans & specs. Alternate Item #6: All work associated reconstruction of existing Wood Fascia and Sofit Boards at third roof. Alternate Item #7: All work associated with Concrete Masonry Block at two story section per plans & specs. I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Grove Roofing, Inc. with a Base Bid of $62,600.00, add Alt. #4 of $28,000, add Alt. #5 of $7,800.00, add Alt. #6 of $3,800.00, Alt. #7 of $10,000.00, plus 10% contingency of $12,300.00, for a total amount of One Hundred Thirty Five Thousand Three Hundred and 00/100 Dollars ($135,300.00.) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9R2037- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Hispanics United of Buffalo, Rehabilitation Project, with Grove Roofing, Inc., with a total bid amount of $135,300.00 (Base Bid of $62,600.00, plus Alt. #4 of $28,000.00, plus Alt. #5 of $7,800.00, plus Alt. #6 of $3,800.00, plus Alt. #7 of $10,000.00, plus 10% contingency of $12,300.00, for a total contract amount of $135.300.00. Funding for this project is available in CH9R2037-470000- Buildings. PASSED AYES 9, NOES 0 NO. 774 REPORT OF BIDS, GROUP #767 -E PENHURST PARKWAY - ISLAND CURB REPLACEMENT DELAWARE DISTRICT In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $155,697.85 $171,267.64 411 Ludington Street, Buffalo, NY 14206 Nova Site Company $165,204.00 $181,724.40 6 Lena Court, West Seneca, NY 14224 Hydrolawn of Buffalo, Inc. $204,135.00 $224,548.50 237 Main Street, Buffalo, NY 14203 P & J Construction Co., Inc. $3,399,007.42' $3,738,908.16' 709 Pleasant View Dr., Lancaster, NY 14086 'Corrected Amount- clerical error I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award In the amount of $ ( $155,697.85 -Base Bid + $15,569.79 - 10% unit price increase = $171,267.64 Total Contract Amount) . Funds for this contract are available in #33321306 - 445100, and /or an account(s) to be named at a later date. The engineer's estimate for this work is $188,000:00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Penhurst Parkway Island Curb Replacement, with Destro & Brothers Concrete Co., Inc., with a total contract mount of $171,267.64 (Base Bid of $155,697.85, plus 10% unit price increase of $15,569.79, for a total contract amount of $171,267.64. Funds for this contract are available in Account #33321306 - 45100, and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 775 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENTS EAST UTICA COMMUNITY CENTER PROJECT CDBG FUNDED YEAR 38- 14202, 8487 I advertised for on December 3, 2013 and received the following formal sealed bids for the Public Facilities Improvements East Utica Community Center Project, which were publicly opened and read on December 17, 2013. General Construction Base Bid Miller Enterprises Inc. $94,000.00 12 Newfield, Buffalo, NY Hadala Construction $105,000.00 325 Grote, Buffalo NY NewCal Construction $119,988.00 10994 Tinkham Rd. Darien, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Miller Enterprises Inc. in the amount of $94,000.00, plus 10% contingency of $9,400.00, for a total amount of One Hundred Three Thousand and Four Hundred and 001100 Dollars ($103,400.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9R2027 - 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 2014, be received and flied; 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 Public Facilities Improvements, East Utica Community Center Project, with Miller Enterprises, Inc., with a total bid amount of $103,400.00 (Base Bid of $94,000.00, plus 10% contingency of $9,400.00, for a total contract amount of $103,400.00. Funding for this project is available in CH9R2027 - 470000 - Buildings. PASSED AYES — 9 NOES - 0 NO. 776 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENT EDWARD SAUNDERS COMMUNITY CENTER PROJECT CDBG FUNDED YEAR 38- 01202, 8476 1 advertised for on October 22, 2013 and received the following formal sealed bids for the Edward Saunders Community Center Project, which were publicly opened and read on November 12, 2013. General Construction Base Bid Deduct Alt # 1 Progressive Roofing, Inc. $173,000.00 $72,000.00 331 Grote Street Buffalo, NY Grove Roofing, Inc. $741,900.00 $204,500.00 131 Reading Street Buffalo, NY 'Weaver Metal & Metal $750,000.00 $253,000.00 40 Appenheimer Avenue Buffalo, NY Jos. A. Sanders $758,019.00 $213,715.00 PO Box 814 Buffalo, NY Jameson Roofing, Inc. $912,640.00 $206,000.00 3761 East Lake Road Dunkirk, NY 'Weaver Metal & Metal was deemed non responsive Deduct Alternate Item #1: In lieu of completely removing and disposing of existing roof system down to roof deck and installing a complete new roofing system; completely remove and dispose of existing gravel, prep existing surfaces as required by roof manufacture including removal of wet insulation and materials and work as specified in plans. Mechanical Construction Base Bid Deduct Alt #1 Greater Niagara Mechanical $108,400.00 $600.00 7311 Ward Rd N. Tonawanda, NY O'Connor Mechanical No Bid 203 Fisher Rd Lackawanna NY Deduct Alternate Item #1 : Existing curbs for all mechanical units to remain except for MURUT -1, VRUT6, VRUT4, RUT4 and new HVAC units with new curbs. Deduct all work associated with the removal and reinstallation of exiting curbs for mechanical units unless noted otherwise. HVAC contractor is responsible to remove and reinstall mechanical units on existing curbs to remain and associated disconnect /reconnect for work indicated for new roofing work. Coordinate work with roofing contract work. I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Grove Roofing, Inc. with a Base Bid of $741,900.00 Minus Alt. Item #1 for $204,500.00 Plus 10% contingency of $53,740.00 for a total amount of Five Hundred Ninety One Thousand One hundred Forty and 00/100 Dollars: ($591,140.00) is the lowest responsible bidder in accordance with the plans and specifications. Mechanical Construction: Greater Niagara with a Base Bid of $108,400.00 Minus Alt. Item #1 $600.00 Plus 10% contingency of $10,700.00 for a total amount of One Hundred Seven Thousand Eight Hundred and 00/100 Dollars: ($107,800.00) 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 the work on the basis of the low bid. Funding for this project is available in CH9C2027- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Public Facilities Improvements, Edward Saunders Community Center Project, with the following: General Construction: Grove Roofing, with a total bid amount of $591,140.00 (Base Bid of $741,900.00 minus Alt. #1 for $204,500.00, plus 10% contingency of $53,740.00, for a total bid amount of $591,140.00. Mechanical Construction: Greater Niagara Mechanical, with a total bid amount of $107,800.00 (Base Bid of $108,400.00, minus Alt. #1 for $600.00, plus 10% contingency of $10,700.00, for a total bid amount of $107,800.00). Funding for this project is available in CH9C2027- 470000 - Buildings. PASSED AYES — 9 NOES — 0 NO. 777 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENT MILK PARK SHELTER BUILDING PROJECT CDBGFUNDED YEAR 38- 16202, 8525 1 advertised for on September 24, 2013 and received the following formal sealed bids for the Public Facilities Improvement MLK Park Shelter Building Project, which were publicly opened and read on October 18, 2013. General Construction BASE Bid Alt #4 Allstate General Contracting, Inc $500,700.00 $31,200.00 31 Ransier Dr. Buffalo, New York Trason Development Corp. $522,000.00 $40,000.00 7350 Boston State Rd. Hamburg, NY Nitcher Construction, Inc. $594,000.00 $33,200.00 344 Vulcan St, Buffalo, NY Spicer Contracting of WNY $592,000.00 $30,261.00 701 Seneca St Ste 425. Buffalo, New York Sicoli Construction Services $551,600.00 $33,000.00 4800 Hyde Park Boulevard Niagara Falls, NY Alternate Item #4: metal security grilles for all first level windows per plans and specifications I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Allstate General Contracting, Inc. with a Base Bid of $500,700.00, add Alt. #4 of $31,200.00.00, plus contingency of $51,602.15., for a total amount of Five Hundred Eighty Three Thousand Five Hundred and Two 15/100 Dollars ($583,502.15.) recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9T2027- 470000 - Buildings and Account 36329906- 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Public Facilities Improvements, MLK Park Shelter Building Project, CDBG Funded, Year 38- 16202, 8525, with Allstate General Contracting, Inc., with a total bid amount of $583,205.15 (Base Bid of $500,700.00, plus Alt. #4 for $31,200.00, plus contingency of $51,602.15, for a total bid amount of $583,502.15). Funding for this project is available in CH9T2027- 470000 - Buildings and Account #36329906- 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 778 REPORT OF BIDS ROOSEVELT PARK IMPROVEMENTS PROJECT CDBG FUNDED YEAR 38 - 50213, 8472 1 advertised for on March 17, 2014, and received the following formal sealed bids for the Roosevelt Park Improvements Project, which were publicly opened and read on April 7, 2014. General Construction Base Bid Alt. #1 Alt. #2 Alt. # Alt. #4 Alt. #5 Alt. #6 Titan Development, Inc $169,499 $7,500 $7,950 $4,500 $10,000 $6,800 $9,000 8534 Seaman Road Gasport, NY Louis Del Prince $179,850 $4,070 $7,700 $4,000 $5,600 $,7,100 $7,500 & Sons, Inc. 580 Cayuga Road Cheektowaga, NY Nova Site Co. LLC $192,289.50 $2,620 $6,279 $4,410 $3,177 $7,100 $8,400 6 Lena Court West Seneca, NY Hydrolawn of Bflo., Inc $214,000 $9,000 $6,500 $4,000 $13,000 $6,500 $10,000 237 Main Street Buffalo, NY Alternate #1 : All Associated work with Saw Cutting, Paving & Topsoil per specifications & plans.. Alternate #2: All Associated work with 5' Wide Concrete Sidewalk A per specifications & plans. Alternate #3: All Associated work with 6' Chain link Fence adjacent to Alt. 2 work per specifications & plans. Alternate #4: All Associated work with Saw Cutting & Pavement Removable per specifications & plans. Alternate #5: All Associated work with 5' Wide Concrete Sidewalk B per specifications & plans. Alternate #6: All Associated work with Concrete Color Coating and Sealer per specifications & plans. I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Titan Development, Inc with a Base Bid of $169,499.00, add Alt. #1: $7,500.00, add Alt #2: $7,900.00, add Alt. #3: $4,500.00, add Alt. #4: $10,000.00, add Alt. #5: $6,800.00, add Alt. #6: $9,000.00, plus 10% contingency $21,524.90 for a total amount of Two Hundred Thirty Six Thousand Seven Hundred Seventy Three and 90/100 Dollars ($236,773.90). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CE9132137- 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 Roosevelt Park Improvement Project, CDBG Funded, Year 38- 50213, 8472, with Titan Development, with a total bid amount of $236,773.90 (Base Bid of $169,499.00, plus Alt. #1 for $7,500.00, plus Alt. #2 for $7,900.00, plus Alt. #3 for $4,500.00, plus Alt. #4 for $10,000.00, plus Alt. #5 for $6,800.00, plus Alt. #6 for $9,000.00, plus 10% contingency of $21,524.90, for a total bid amount of $236,773.90). Funding for this project is available in CE9132137- 470000 - Buildings. PASSED AYES — 9 NOES - 0 NO. 779 REPORT OF BIDS - WEST FERRY STREET BRIDGE REHABILITATION (NIA) (DPW) This is to advise Your Honorable Body that I have advertised and received bids on March 26, 2014 The only two bids received were Contractor Base Bid Total Bid Price Hohl Industrial Inc $7,412,622.94 $8,153,885.24 770 Riverview Blvd Tonawanda NY 14150 Clanbro Corporation $8,795,146.00 $9,674,660.60 101 Cianbro Sq Pittsfield, ME 04967 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 West Ferry Street Bridge Rehabilitation, with Hohl Industrial Services, with a total bid amount of $8,153,885.24 (Base Bid of $7,412,622.94, plus 10% contingency of $741,262.30, for a total bid amount of $8,153,885.24). This project is a 95% reimbursed Federal Aid Highway Project, and funds for this project will be available in Capital Account #31751406 - 445100. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 780 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 13 -DEA- 589615 C2 -14 -0004 4,001.40 09- FBI - 002506 3110090027 1,072.68 13 -DEA- 586003 C2 -13 -0132 4,703.54 13 -DEA- 586003 C2 -13 -0132 1,725.46 (15% SAFF DEP# 17 DEA TOTAL $11,503.08 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 FILES NO. 781 APPOINT POLICE LIEUTENANTS (PERM)(FLAT)()(SCHULZ, SZYKOWIAK II, PIATZAK, O'DONNEL, LONG, BLESY, CONNOLLY, LEWIS) Appointment effective 04/14/2014 in the Department of Police to the position of Police Lieutenant, Permanent at the Flat Salary of $75,526.00 Stephen P. Schulz, 86 Greenfield Drive, Tonawanda, NY 14075 Anthony J. Szymkowiak II, 5222 Woodway Court, Hamburg, NY 14075 Jonathan D. Piatzak, 58 Chapel Glenn Drive, Hamburg, NY 14075 James D. O'Donnell, 84 Oakhurst Avenue, Buffalo, NY 14220 Michael D. Long, 110 Alabama Street, Buffalo, 14204 Scott A. Blesy, 7140 Boston State Road, Hamburg, NY 14075 Jeremy W. Connolly, 54 Hollywood Avenue, Buffalo, NY 14220 Stacy E. Lewis, 38 Crosby Blvd, Amherst, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 782 APPOINT POLICE LIEUTENANT(CONT PERM)(FLAT)(MANLEY) Appointment effective, 04/14/2014 in the Department of Police to the Position of Police Lieutenant, Contingent Permanent at the Flat Salary of $75,526.00 Richard P. Manley, 34 Dundee Street, Amherst, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 783 REQUEST FOR APPROVAL OF SETTLEMENT OF TIME - SENSITIVE CLAIM SACK V. CITY OF BUFFALO, ET AL The undersigned is asking this Honorable Body to approve the proposed settlement of the above - entitled federal action in the amount of $75,000. For your review, the details of this case are more fully set out in the confidential write -up separately delivered to each of your respective offices at the time of filing. It is in the best interest of the City to immediately pay all sums called for by the settlement in this case as the settlement progress is being monitored by the Chief Judge of the Western District of New York with an expectation of final resolution by April 21, 2014. The undersigned will be available at Caucus on Monday, April 14, 2014 and also available at any time prior to the regularly scheduled Common Council Meeting on April 15, 2014 to address any questions or concerns of the Council. The undersigned respectfully requests that your Honorable Body authorize payment of $75,000 to settle and fully compromise the above - entitled attire, with funds to be drawn from Judgment and Claims Account #17221008 - 480205. Thank you for your consideration of and attention to this request. The Law Department also intends to file its end -of- fiscal -year Claims Agenda with a proposed meeting date of Wednesday, April 23, 2014 at 11:00 a.m., but is waiting on confirmation from the Committee as to the acceptability of said date. Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel of the City of Buffalo, dated April 10, 2014, be received and filed; and That the Common Council hereby authorizes payment of $7,500.00 in settlement of the claim of Margaret Sack. Funds are available from Judgment and Claims Account #17221008 - 480205. PASSED AYES - 9 NOES - 0 NO. 784 CLAIMS COMMITTEE AGENNDA -APRIL 23, 2014 CLAIMS COMMITTEE MEETING Wednesday, April 23, 2014 - 1:00 p.m. Council Chambers Hon. David A. Rivera, Chairman AGENDA ,Personal Iniury. A. 1. Carnahan, Clarence $ 1,500.00 A. 2. Morales, Janette $ 1,000,000.00 A. 3. Randolph, Clifton $ 2,500.00 A. 4. Sharp, William $ 7,500.00 A. 5. Stevens, Shanteesha $ 750.00 .Property Damage B.1. Drozd, Alexandra $ 500.00 B. 2. Duffle, Florine $ 1,360.00 B. 3. Muthana, Saleh $ 200.00 B. 4. Myers, Jonathan $ 624.36 B. 5. Owens, Terrence $ 350.00 B. 6. Palmer, Janet $ 2,222.31 B. 7. Saracen, Janiee $ 181.59 B. 8. Thomas, Beverly $ 126.10 B. 9. Walker, Wendy $ 115.00 B. 10. Williams, Crystal $ 2,532.97 Contract C. 1. Accadia Site Contracting $ 498,789.00 Prior Fiscal Year Invoices D 1 Atlas Health Care Linen $ 620.09 D 2 Ball Toilet & Septic Services $ 1,298.10 D 3 Buffalo News $ 1,098.60 D 4 CATCO $ 18,420.00 D 5 Christopher Family Chiropractic $ 316.20 D 6 DePaolo- Crosby, Inc $ 124.00 D 7 D.F. Bailey Inc $ 192.00 D 8 Fire Academy FSA $ 372.29 D 9 Goldberg Segalla LLP- Police I.O.D.' $ 58,855.00 D 10 Goldberg Segalla, LLP - Police Interest Arb' $ 52,313.59 D 11 Goldberg Segalla, LLP -H.R. Matters' $ 47,733.00 D 12 Goldberg Segalla, LLP - Police Misc' $ 17,209.00 D 13 HealthPort $ 71.78 D 14 Hodgson Russ $ 6,350.65 D 15 Mattar, D'Agostino & Gottlieb, LLP(Mediation)$ 2,595.37 D 16 Metschl and Associates $ 131.48 D 17 MXI Environment Services LLC $ 17,639.50 D 18 Niagara Frontier Services $ 6,000.00 D 19 Rivette & Rivette $ 1,200.00 D 20 Sue Ann Simonin $ 1,603.35 D 21 Union Occupational Health Center $ 240.00 Final payments for now - closed matters resulting from retention of firm in 2011. Miscellaneous. E 1 Austin, Preson $ 90.00 E 2 Kohler Awning $ 454.40 E 3 US Bank National Association $ 20,000.00 E 4 US Environmental Protection Agency $ 21,094.00 REFERRED TO THE COMMITTEE ON CLAIMS. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 785 APPOINT ASSISTANT COUNSEL I /MUNICIPAL ATTORNEY(TEMP)(MIN)(MCDUFFIE) Appointment effective March 31, 2014 in the Department of Law to the position of Assistant Corporation Counsel I /Municipal Attorney, Temporary, Non Competitive at the Minimum Salary of $53,686.00 Rashied H. McDuffie, 183 Brunswick Blvd, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMIT & INSPECTION SERVICES NO. 786 FOOD STORE (NEW) 74 ELMWOOD AKA 76 ELMWOOD (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 74 ELMWOOD aka 76 ELMWOOD (SANA RIZEK/ALLENTOWN FOOD SHOPPE 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. 787 MOBILE FOOD TRUCK 244 LEIN RD W SENECA, NY (HOME ADDRESS (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 244 Lein Rd W Seneca, NY for which said application for a Mobile Food Truck license is being sought by Michael Albarella @ House of Munch and according to the attached reports from the Fire Department and Police record check 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. 788 FOOD STORE (NEW) 1618 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 1618 MAIN (DOGENCORP OF NY /DOLLAR GENERAL STORE.) 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. 789 REQUEST PERMISSION TO ACCEPT FUNDS FOR GRANT AWARDED BY BENLIC FOR DEMOLITION OF "LAND BANK PROPERTIES" Permission is hereby requested from Your Honorable Body to accept a Grant awarded from the Buffalo Erie Niagara Land Bank Corporation (BENLIC) for the demolition of Land Bank Properties" in the City of Buffalo. Grantee Name Amount Location BENLIC $1,000,000 City of Buffalo Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection services, dated April 1, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to accept a grant in the amount of $1,000.00, awarded from the Buffalo Erie Niagara Land Bank Corporation (BENLIC) for the demolition of Land Bank Properties" in the City of Buffalo. PASSED AYES — 9 NOES — 0 NO. 790 USED CAR DEALER 426 ABBOTT (SOUTH) 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 426 ABBOTT 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 MICHAEL STANZ. The attached thereto for MICHAEL STANZ /dba /DUNCAN MOTORCARS INC. This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PARKING NO. 791 ABANDONED VEHICLE FOR CITY USE This is to request authorization for the Department of Parking. Division of Parking Enforcement to take over use of a 2005 Dodge Durango property number 062112, O06,R1 V for use as an enforcement vehicle, All steps required under section 1224 NYS Vehicle and Traffic Law have been followed and the vehicle remains unclaimed making it available for auction or conversion to official use. This vehicle will not be a take home vehicle. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated April 3, 2014, be received and filed; That the Common Council hereby authorizes the Department of Parking, Division of Parking Enforcement, to take over use of a 2005 Dodge Durango, property number 062112, 006, RIV, for use as an enforcement vehicle. All steps required under Section 1224 NYS Vehicle and Traffic Law have been followed and the vehicle remains unclaimed, making it available for auction or conversion to official use. This vehicle will not be a take -home vehicle. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 792 CONTRACT APPROVAL FOR LAW ENFORCEMENT PSYCHOLOGICAL ASSOC. FIREFIGHTER PSYCHOLOGICAL EXAM The Department of Human Resources /Civil Service respectfully requests the approval of your honorable body to enter into contract with Law Enforcement Psychological Associates. Upon your approval, this company will conduct psychological assessments as part of the entry-level Firefighter selection process. The contract is a result of the RFP process. The bid review committee determined that Law Enforcement Psychological Associates was the most responsible bidder. REFERREED TO THE COMMITTEE ON FINANCE NO. 793 CONTRACT EXTENSION BE WELL CASE MANAGEMENT FOR INJURED ON DUTY - POLICE AND FIRE The Department of Human Resources /Division of Compensation & Benefits would like to extend the contract with BE WELL. This company provides professional medical case management services to Police and Firefighter workers injured in the performance of duty pursuant to Section 207 -a and 207 -c of the General Municipal Law. The original contract awarded via the RFP process will, expire June 30, 2014. The Department of Human Resources /Division of Compensation & Benefits respectfully requests authorization from the Common Council to extend this contract month -to- month. RFP is in process. Mr. Smith moved: That the above item be, and the above communication from the Acting Commissioner of the Department of Human Resources, dated April 9, 2014, be received and filed; and That the Common Council hereby authorizes the Acting Commissioner of the Department of Human Resources to extend the contract on a month -to -month basis with Be Well. Be Well provides professional medical case management services to police and firefighter workers injured in the performance of duty pursuant to Section 207 -a and 207 -c of the General Municipal Law. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 794 MAYOR BYRON W: BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Sunday, April 6, 2014 until Thursday, April 10, 2014. 1 hereby designate Corporation Counsel Timothy Ball to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 796 BOARD OF ETHICS MEETING — FEB 2014 Tuesday, February 25, 2014 Members in Attendance: Douglas Coppola, Gerald Chwalinski, James Magavern, Eleanor Paterson, Elizabeth Harned. Excused: Richard Sullivan, Cavette Chambers. Guest: Mary H. Baldwin Quorum New Business: 1 ) A Transactional Disclosure Statement was submitted by Director of Citizen Services, Oswaldo Mestre, Jr., regarding his attendance at the KANA Connect 2013 business conference. BOE needs clarity of his expenses: who paid for airfare, lodging, & food? Does KANA do any business with the City of Buffalo? A sterner letter will be written and sent out to Mr. Mestre. He is invited to voluntarily give BOE the answers requested by April 1 sc and "cc" the Mayor. 2) Financial Disclosures 285 submissions have been received; still need 30 by employees and board members. Sharon is following up. No more extensions after 3/4/14. Late file letters to be mailed out ( "cc" their supervisor) after email efforts are extinguished. Old Business: Gerry to check with Cavette regarding status of the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. Approval of the February 25, 2014 minutes. Next meeting is scheduled for Tuesday, April 1, 2014. Meeting is adjourned. RECEIVED AND FILED NO. 796 RESTRICTED USE PERMIT -75 W. CHIPPEWA 05/09/2014(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. Name of Applicant Lux 2. Business Address75 West Chippewa 4. Name of Event Lux Friday 5. Is this a one -time event: Yes 6. Date of one -time event May 9 7. Is this a recurring event NO 9. Number of People 400 10. Start time and end time 10 pm to 3 am REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 797 RESTRICTED USE PERMIT — 75 W. CHIPPEWA 05/23/2014(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 1. Name of Applicant Lux 2. Business Address75 West Chippewa 4. Name of Event Lux Friday 5. Is this a one -time event: Yes 6. Date of one -time event May 23 7. Is this a recurring event NO 9. Number of People 300 -350 10. Start time and end time 10 pm to 3 am REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 798 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 162 Allen Avant Garde Gormet Pizza Allentown Holdings. Inc 1116 Elmwood India Gate Bath Restaurant Corp 232 Gibson St Market Bar Arc Real Properties. LLC 197 Allen The Alleycat Brynlan LLC 333 Franklin St Blood & Sand Blood & Sand LLC 1206 Hertel Ave 1206 Hertel Ave Frank Testa III Agent. RECEIVED AND FILED NO. 799 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: Mayor /Mayor Executive - citizen Services - Samantha Hernandez Police- Patricia Logan, Marlin Hall RECEIVED AND FILED NO. 800 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 801 APPOINT COMMON COUNCIL STAFF(PALMER) Certificate of Appointment Appointment effective 4/1/2014 in the Department of Common Council Division of Council Staff to the Position of Senior Legislative Assistant IV Unclassified Non - Competitive Flat Starting Salary of $55,000.00 Damon Palmer, 362 Northland Avenue, Buffalo 14208 ADOPTED NO. 802 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM 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 3/17/2014 in the Department of Assessment and Taxation to the Position of Clerk Permanent Appointment First Step Starting Salary of $30,507 Daniel Gonzalez, 33 Altruria Street, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 803 G. CHWALINSKI -TOWN OF CKTG -CALL FOR PUBLIC HEARING -REZ 432 DINGENS(LOV) Dear Mr. Gerald A Chwalinski: Please be advised that the Town Board, at a meeting held on April 7, 2014 6:45 PM, considered the following resolution(s): Resolution RES- 2014 -191 Amended Call for Public Hearing - 432 Dingens Street Rezoning Request Sincerely Yours, Alice Magierski Town Clerk RECEIVED AND FILED NO. 804 G. CHWALINSKI- PUBLIC REVIEW INFORMAION -2040 METROPOLITAN TRANSPORTATION PLAN UPDATE Public Review and Comment Period Opens 2040 Metropolitan Transportation Plan Update The Greater Buffalo- Niagara Regional Transportation Council officially opens its public review and comment period for its proposed 2040 Metropolitan Transportation Plan update. The 2040 Metropolitan Transportation Plan is an update to the 2035 Long Range Transportation Plan and contains an integrated set of public policies, strategies, and investments to maintain, manage, and improve the transportation system in the Erie and Niagara County region through the year 2040. The public review and comment period extends from April 3, 2014 through April 25, 2014. An electronic version of the draft plan is available on the GBNRTC website ( www.gbnrtc.org ) for viewing and /or downloading; and may also be reviewed by visiting the GBNRTC offices. RECEIVED AND FILED NO. 805 EC BD OF ELECTIONS - CAMPAIGN FINANCE SEMINAR For you information, the New York State Board of Elections will be holding their annual Campaign Finance Seminar: Tuesday, May 13, 2014 9:00 AM- 12:00 PM Buffalo /Erie County Erie County Public Library Auditorium Lafayette Square Clinton and Ellicott Streets Buffalo, NY 14203 This seminar will include a presentation on financial disclosure forms and a thorough review of Article 14 of the NYS Election Law, including any recent amendments and supporting statements, which need to be filed electronically by candidates and treasurers. There are no fees or pre- registration requirements for this seminar. However, interested parties may register in advance to assist the State Board with preparations at www. elections. state. ny,us. All candidates or campaign treasurers, may find this presentation both informative and useful in any upcoming elections, please forward this to anyone that may be interested. If you have any additional questions, please contact our office at (716) 858 -7786 Thank you. RECEIVED AND FILED NO. 806 J. GOLOMBEK- CONDITIONS FOOD STORE LICENSES NORTH DISTRICT Common Council Imposed District- Wide (NORTH ONLY) Conditions in 2014: -HOURS OF OPERATION SHALL BE: 6 AM TO 11 PM SUNDAY - THURSDAY AND 6AM - MIDNIGHT FRIDAY AND SATURDAY -MUST HAVE WORKING SECURITY CAMERAS INSIDE AND OUTSIDE OF THE STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST "NO LOITERING" SIGNS TO BE POSTED AND ENFORCED BY STORE EMPLOYEES. -NO SPRAY PAINTED /HAND PAINTED OR AIR - BRUSHED SIGNAGE OR GRAPHICS ON THE BUILDING MUST HAVE AND MAINTAIN TRASH RECETABLES OUTSIDE OF THE STORE -NO OUTWARDLY VISIBLE SIGNAGE ADVERTISING TOBACCO, GAMBLING (LOTTERY), ALCOHOL -NO SELLING OF LOOSE ITEMS, CIGARETTES, DIAPERS, ETC... -NO PAYPHONES OUTSIDE OF THE STORE -NO BLOCKING OF WIDOWS -ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER -ANY BROKEN WIDOWS MUST BE REPAIRED WITHIN 48 HOURS -NO SMOKING IN THE BUILDING -ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS -NO VEHICLES PARKED ON THE SIDEWALK REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 807 S. HERBERT -LIST OF STREETS THAT NEED VARIOUS REPAIRS To the Commissioner of Public Works and Parks Steven Stepniak. Here that list of names and location of streets on the Eastside in the Fillmore District: Which need new street re- pavement, new sidewalks, new street drainage and street sewer systems? 1- Gilford Street, between Geneses and Sycamore, need new street pavement, new side walk's in spots. New side walk's in front of houses, 191 through 175, to the corner of Sycamore. 2 - Herman Street: between Best over to Broadway. 'Need new sidewalks, 'new sewer and 'drainage system, and 'street re- pavement. Yellow dividing directional street lines. 3 - Myer's Street between Best and Geneses Street: Some new side walk's, and street pavement. 4 - Strauss Street between Geneses and Sycamore: need to be finish with new side walk's and new street pavement across to Sycamore Strauss Street to Broadway. 5 - Wilson Street between Geneses to Broadway new side walk's and street pavement: I been living in this area from Wilson to Strauss, since 1972. NEVER was this street ever paved or new side walk's put down. 6 - Woltz Street from Sycamore to Broadway some new side walk's in spot's, street pavement for sure starting from Stanislaus to Broadway Street pavement only. We thank you people who live on those streets. Samuel A. Herbert. 105 Strauss Street. Buffalo NY 14212. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 808 NYSDEC- DESIGNATION OF RESTRICTED HIGHWAY -ROUTE 33 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: NY Route 33 from Eggert Road to Holtz Road including all ramps, a distance of approximately 4.0 miles. Also, the proposed detour route: Genesee Street to Union Road to Walden Avenue to Harlem Road to NY Route 33. All in the City of Buffalo and Town of Cheektowaga, Erie County Which is being reconstructed under Contract No. D262465 is hereby designated as a Restricted Highway. Designation of Restricted Highway shall expire on 12/31/2014 Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced.by posted signs, signals or barriers placed along said highway and /or by direction by an authorized representative Of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Joan McDonald Commissioner of Transportation RECEIVED AND FILED NO. 809 C. SCANLON- CONCERNS RURAL METRO Dear Commissioner Whitfield: In the coming months, the City of Buffalo will need to approve an emergency ambulance service provider contract. With this in mind, I would like to express my unequivocal dissatisfaction with the current services being provided by Rural Metro. I am extremely concerned about the potential of entering into another contract with this company. My dissatisfaction with Rural Metro stems from their inadequate response times. National standards for ambulance response times are eight (8) minutes for emergency calls, yet there are documented instances of heart attack, gunshot, and stabbing victims in the city of Buffalo waiting 13 -20 plus minutes for a Rural Metro ambulance to arrive. When a resident's life is in jeopardy, that type of response time is simply unacceptable. What is even more alarming is the fact that Rural Metro has a national reputation for their slow response times (see attached articles). Time and again, when questioned about specific instances of slow response times, Rural Metro points to a "spike in call volume." If a "spike in call volume" becomes a regular occurrence, it would seem necessary for the company to increase staffing and the amount of ambulances in service. To the knowledge of the ESB, has such an increase ever occurred? Under the current contract, Rural Metro is only required to have seven (7) ambulances available in a 24 hour period. Although this is the minimum requirement and at times Rural Metro has more than seven available ambulances, I do not feel confident that seven ambulances can ever adequately handle the call volume in the City. I would ask that the City of Buffalo and the ESB take these outlined concerns into serious consideration when reviewing responses to the RFP for an emergency ambulance service provider. While I typically believe it is our job to do everything in our power to save the taxpayers money, I think in this instance, it is imperative to take into consideration the quality of services being provided rather than the company offering the lowest bid. I welcome the opportunity to further discuss this issue. Please feel free to contact me at 851 -5169 or cscanlon @city- buffalo.com Christopher P. Scanlon South District Councilmember Council Member Demone Smith REFERRED TO THE COMMITTEE ON FINANCE NO. 810 D. SMITH -SAY YES TO BUFFALO I would like to file that attached information for the next Common Council meeting to be held on April 15, 2014. Thank you: Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION. PETITIONS NO. 811 D. PUTNAM, OWNER, USE 936 ELMWOOD FOR AN OUTDOOR CAFE (HRG 04 /22)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 812 A. MANSOUR, OWNER, USE 2050 NIAGARA TO ALTER EXISTING STORE TO INCLUDE A TAKE OUT RESTAURANT (HRG 04 /22)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 813 J. DESROSIERS, OWNER, USE 820 AKA 822 ELMWOOD FOR A TAKE OUT SERVICE (HRG 04 /22)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 814 L. ALTIERI, OWNER, USE 494 FRANKLIN FOR A SIT IN RESTAURANT IN THE ALLEN ST DISTRICT (HRG 04 /22)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 815 T. BATH, OWNER, USE 1116 ELMWOOD FOR A RESTAURANT IN THE ELMWOOD BUSINESS DISTRICT (HRG 04 /22)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 816 M. BRINAUGH & O- CONCERNS PARKING FOR FRUIT BELT RESIDENTS ON THEIR ST Letter of support for Fruit Belt Residents and Homeowners who are unable to Park on their street. This is due to employees of High Point Nursing Facility, Buffalo General Hospital, Roswell, Construction Workers, and Others Parking on our residential streets. We need a solution not a parking ticket. We receive tickets when we stop at our homes for a few minutes and come to an orange envelope. Do not penalize the Resident /Homeowner. We are at a disadvantage Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE STATE DELEGATION REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHARIRPERSON) NO. 817 APPOINT ADMINISTRATIVE ASSISTANT (PERM)(INTER)(TISDALE)(COMPT) COP# 647 14 -04/01 Mr. Wyatt moved: That Communication 647 of April 1, 2014, be received and Filed and that the Permanent Appointment of Robyn Tisdale, 248 Berkshire, Buffalo, NY 14215 at the intermediate salary of $42,758.00 is hereby approved PASSED AYES -9 NOES -0 NO. 818 APPOINT SENIOR TAX CLERK(PROV)(2 STEP)(GUADALUPE)(ASMT) CCP# 648 14 -04/01 Mr. Wyatt moved: That Communication 648 of April 1. 2014. be received and flied and that the Provisional Appointment of Erid Guadalupe, 1219 Main St Apt 407, Buffalo, NY 14209 at the second step of $34,889.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 819 APPOINTS CAULKER SUPERVISOR I(TEMP)(INTER)(PW)(ANDERSON, KREUZ)(PW) CCP# 659 14 -04/01 Mr. Wyatt moved: That Communication 659 of April 1, 2014, be received and filed and that the Temporary Appointment of Adam Anderson, 267 Bedford Ave, Buffalo, NY 14216, Philip Kreuz, 78 Cazenovia St, Buffalo, NY 14220 at the Intermediate Salary of $38,580.00 is hereby approved PASSED AYES -9 NOES -0 NO. 820 APPOINT FILTRATION PLANT OPERATOR (TEMP)(INTER)(PW)(DENECKE) CCP# 660 14 -04/01 Mr. Wyatt moved: That Communication 660 of April 1, 2014, be received and filed and that the Temporary Appointment of Joseph Denecke, 14 Desmore, Buffalo, NY 14220 at the Intermediate Salary of $41,875.00 is hereby approved PASSED AYES -9 NOES -0 NO. 821 APPOINT MOTOR EQUIPMENT MECHANIC(PERM)(MAX)(PW)(KOZUTA) CCP# 661 14 -04/01 Mr. Wyatt moved: That Communication 661 of April 1, 2014, be received and filed and that the Permanent Appointment of Thomas Koszuta, 19 Ladner Ave, Buffalo, NY 14220 at the Maximum Salary of $39,535.00 is hereby approved PASSED AYES 9, NOES 0 NO. 822 APPOINT MOTOR EQUIPMENT MECHANIC(PERM)(MAX)(PW)(FEENEY) CCP# 662 14 -04/01 Mr. Wyatt moved: That Communication 662 of April 1, 2014, be received and filed and that the Permanent Appointment of Gregory Feeney, 402 Hinman Ave, Ave, Buffalo, NY 14216 at the Maximum Salary of $39,535.00 is hereby approved PASSED AYES -9 NOES -0 NO. 823 APPOINT CHIEF PUMPING PLANT OPERATOR(PROV)(MAX)(PW)(KUMRO) CCP# 663 14 -04/01 Mr. Wyatt moved: That Communication 663 of April 1, 2014, be received and filed and that the Provisional Appointment of Kathleen Kumro, 14 Sibley St, Buffalo, NY 14220 at the Maximum Salary of $50,755.00 is hereby approved PASSED AYES -9 NOES -0 NO. 824 APPOINT PUMPING PLANT OPERATOR(PROV)(MAX)(PW)(BURGIO) COP# 664 14 -04/01 Mr. Wyatt moved: That Communication 664 of April 1, 2014, be received and filed and that the Provisional Appointment of Victor Burgin, 49 Standish Rd, Buffalo, NY 14216 at the Maximum Salary of $48,856.00 is hereby approved PASSED AYES -9 NOES -0 NO. 825 APPOINT PUMPING PLANT OPERATOR (PROV)(MAX)(PW)(CIAUDELLA) CCP# 665 14 -04/01 Mr. Wyatt moved: That Communication 665 of April 1. 2014, be received and filed and that the Provisional Appointment of Cherie Ciaudella, 51 Schutrum, Buffalo, NY 14212 at the Maximum Salary of $48,856.00 is hereby approved PASSED AYES -9 NOES -0 NO. 826 APPOINT SUPERVISOR OF RINKS AND POOLS (PROV)(INTER)(LEONARD) CCP# 666, 14 -04/01 Mr. Wyatt moved: That Communication 666 of April 1, 2014, be Received and Filed and that the Provisional appointment of Brain M. Leonard, 34 Ward Ct, Buffalo 14220 stated above at the intermediate salary of $40,200.00 is hereby approved. PASSED AYES 9, NOES 0 NO. 827 APPOINT SR. 1 ST CLASS STATIONARY ENGINEER(PROV)(INTER)(VEROBA) CCP# 667, 14 -04/01 Mr. Wyatt moved: That Communication 667 of April 1, 2014, be Received and Filed and that the Provisional appointment of Richard Veroba, 24 Lester St, Buffalo 14210 stated above at the Intermediate salary of $41,760.00 is hereby approved. PASSED AYES 9, NOES 0 NO. 828 APPOINT BUILDING INSPECTOR(TEMP)(FIFLH STEP)(MAZZONE) CCP# 670, 14 -04/01 Mr. Wyatt moved: That Communication 670 of April 1, 2014, be Received and Filed and that the Temporary appointment of Philip Mazzone, 254 Schiller St, Buffalo 14206 stated above at the 5 tu Step, salary of $41,630.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 829 APPOINT SENIOR ACCOUNT CLERK TYPIST(PERM)(THIRD STEP)(PORTO) CCP# 671, 14 -04/01 Mr. Wyatt moved: That Communication 671 of April 1, 2014, be Received and Filed and that the Permanent appointment of Judith Porto, 79 N. Parker Ave, Buffalo 14216 stated above at the 3 rd Step, salary of $34,207.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 830 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 678, 04/01 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 831 EXTEND DOWNTOWN STADIUM LEASING ARRANGEMENTS WITH THE BUFFALO BISONS (CORP. COUNSEL) (ITEM NO. 705, C.C.P., APR. 1, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves a one (1) year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as the one year extensions which have been put in place yearly since 2008. The lease will be extended through March 31, 2015. That the Common Council further approves the expenditure of up to $50,000.00 for the associated stadium property damage insurance policy required by the lease and also approves the continued provision by the City of refuse collection and water for the stadium operations. Neither the City nor the Bisons are committing any obligation for "City Capital Repairs" during the one -year extended term. PASSED AYES 9, NOES 0 NO. 832 J. PAUI -P. MERLO- RESPONSE CONCERNING WATERLINE 123 ROBERTS AVE (14 -706 COM. APR 1) (14 -593, 03/18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Fontana now moves that the above item be Recommitted to The Committee on Finance ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 833 AMENDMENT TO THE 2013 -14 ANNUAL ACTION PLAN- CDBG(STRAT PLAN) (14 -644 COM, APR 1) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Received and Filed. ADOPTED. NO. 834 AGMT BTWN COB & ECHCD FOR MNGT OF CANALSIDE(STRAT PLAN) (14 -529 COM, MAR 18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Received and Filed. ADOPTED. NO. 835 J. GOLOMBEK -L. PIERCE - CONCERNS WATER LINE 1740 ELMWOOD (C.C.P #14 -584, MAR 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 836 D. RIVERA -OPEN BFLO ALARMING DISPARITIES -THE DISPROPORTIONATE NUMBER OF AFRICAN AMERICAN /HISPANIC -EC CRIMINAL JUSTICE SYSTEM (C.C.P #14 -467, MAR 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 837 USED CAR DEALER- 1933 GENESEE (LOV)(DPIS) (ITEM NO. 669, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 838 ENDORSES EFFORTS TO ESTABLISH THE BUFFALO YOUTH PROMISES ACT(BOE) (C.C.P #14 -673, APR 1) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 839 R. WYATT -R. SCIBILLIA REMARKS RE BUFFALO YOUTH PROMISE ACT (C.C.P #14 -694. APR 1) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 840 R. CARPENTER, OWNER, TO USE 478 ELMWOOD TO REESTABLISH USE OF A RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT /COMINUED USE OF PATIO AND FENCE (NIA)(DPIS) (ITEM NO. 697, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of R. Carpenter, Owner, of 478 Elmwood Avenue to reestablish use of a restaurant (new tenant), and for the continued use of an outdoor patio (existing) 11' x 57' with a 42" high iron fence in the Elmwood Avenue Business District. PASSED AYES 9, NOES 0 NO. 841 T. MATTINA, OWNER, TO USE 376 GRANT TO ERECT A WOOD DECK AND RAILS FOR AN OUTDOOR CAFE — PERMITTED USES FOR INDOOR MUSIC (NIA)(DPIS) (ITEM NO. 698, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -28 F(2)(a) of the City of Buffalo Code, the Common Council hereby approves the application of T. Mattina, Owner, of 376 Grant to erect a Tx 33' wood deck and rails for an outdoor cafe for indoor live music. PASSED AYES 9, NOES 0 NO. 842 F. ZAPPIA, AGENT, TO USE 1147 ABBOTT ROAD FOR A POLE SIGNED /FULL USE LED (SOUTH)(DPIS) (ITEM NO. 730, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 843 A. ABBAS, OWNER, TO USE 459 ELMWOOD A/K /A 467 ELMWOOD FOR A HOOKAH LOUNGE IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (NIA)(DPIS) (ITEM NO. 734, C.C.P., APR. 1, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with recommendation for approval; That pursuant to Section 511- 56D(1) of the City of Buffalo Code, the Common Council hereby approves the application of A. Abbas, Owner, to convert an existing restaurant to a hookah lounge with an updated air handling system located at 459 Elmwood a /k/a 467 Elmwood in the Elmwood Avenue Special Zoning District upon the following conditions: 1. No food can be served within the business. Take out items and delivery from other establishments can be brought in by patrons. 2. No alcohol can be served within the business. 3. No cigarette smoking within the business. 4. Hours of operation are limited to 12:00 pm -1:00 am Sunday- Thursday and 12:00 pm -4:00 am Friday- Saturday. 5. Windows must be closed by 11:00 pm or whenever live music (D J, Band, Belly Dancing, Performer) is occurring. 6. No outdoor tables or patio is permitted (This does not preclude future possible patio license applications). 7. No sub - leasing of space. PASSED AYES 9, NOES 0 NO. 844 BUFFALO FIREFIGHTERS AND OVERDOSE PREVENTION(EXC RES)(LOCURTO) (C.C.P #14 -633, MAR 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 845 CONCERNS IDENTIFYING POLICE CARS /SUGGESTED ANSWER(CP) (C.C.P #14 -295, FEB 18) Mr. Scanlon now moves that the above item be Received and Filed ADOPTED NO. 846 FOOD STORE LICENSE RENEWALS 20 14 (EDPI) (C.C.P #14 -91. JAN 21) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 847 D. SMITH - ARTICLE ASSEMBLY INTRODUCES LEGISLATION EST JUNE PRIMARY ELECTIONS (13 -53, DEC 10) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED. NO. 848 D. SMITH - HEALTH CARE FOR ALL NEW YORK (C.C.P #13 -88, JULY 23) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 849 D. SMITH -MYTHS ABOUT HEALTH CARE REFORM (C.C.P #13 -89, JULY 23) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 850 D. PRIDGEN- CONCERNS BAIL BONDSMAN VEHICLES (C.C.P #13 -30, JAN 8) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 851 ILLEGAL DUMPING(SMITH) (C.C.P #12 -87, OCT 2) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 852 RESPONSIBLE BANKING ACT (SMITH) (C.C.P #12 -154, SEPT 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 853 CLARIFYING THE CITY'S FOOD STORE LICENSING CLOSURE & APPEALS PROCESS(EDPI) (C.C.P #12 -19, NOV 27) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 854 FOOD STORE LICENSE (NEW) - 2756 BAILEY (MASTEN)(DPIS) (ITEM NO. 65, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Muammar Hassan d /b /a Bailey Express Food Market, Inc. located at 2756 Bailey. With the following conditions: "NO LOITERING' SIGNS TO BE POSTED -NO PAYPHONES OUTSIDE OF STORE -NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING(LOTTERY) OR ALCOHOL -NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAGE ON BUILDING -ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS -ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER -NO SELLING OF LOOSE CIGARETTES -NO VEHICLES TO BE PARKED ON SIDEWALKS -NO BLOCKING OF WINDOWS -NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE -HOURS OF OPERATIONS SHALL BE 9AM TO 11 PM -ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOLRS -NO SMOKING IN BUILDING -STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS PASSED AYES 9, NOES 0 RESOLUTIONS NO. 855 BY: COUNCIL MEMBER FONTANA, and COUNCIL MEMBERS SMITH, AND SCANLON HOME RULE MESSAGE RE: NYS SENATE BILL NO. S6906, ASSEMBLY BILL NO. A09189, "AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO AUTHORIZING MUNICIPALITIES TO TREAT UNPAID BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE FINES AS DELINQUENT TAXES AND IMPOSE TAX LIENS UPON THE REAL PROPERTY WHICH IS THE SUBJECT OF SUCH FINES Whereas, municipalities often face difficulties in enforcing and collecting fines that would otherwise deter irresponsible, predatory, and profit- driven property owners from continuing to neglect their property; Whereas, to help cities like Buffalo with this issue, NYS Senator Tim Kennedy and Assemblyman Sean Ryan have sponsored bills $6906 and A9189 respectively; Whereas: bills S6906 and A9189 will authorize municipalities to pass local laws allowing for unpaid fines to be included as a tax lien on the property, thereby forcing owners to pay fines owed or risk the property being foreclosed upon; and Whereas, S6906 and A9189 have recently been referred to the NYS Senate committee on Local Government and the Assembly committee of Real Property Taxation respectively for review and consideration: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Recognizes a need for the enactment of such legislation, and that the facts establishing such necessity are that the City does not have the power to enact such legislation by local law and that the legislation would allow for positive impact on the City with no fiscal implications to the State; 2) Pursuant to Article IX of the NYS constitution, petitions the New York State Legislature to enact bills $6906 and A09189; and 3) Directs the City Clerk to send one copy of this resolution to the following parties: Senator Tim Kennedy, Assemblyman Sean Ryan, Senator Jack Martins, Assemblywoman Sandy Majority Leader Dean Skelos, and Speaker Sheldon Silver. ADOPTED NO. 856 SPONSOR: COUNCILMEMBER MICHAEL J. LOCURTO NOTIFYING LOCAL RESIDENTS AND BUSINESS OF SPECIAL EVENTS Whereas, The City of Buffalo has increasingly become the host of successful local festivals, parades, races and other special events; and Whereas, Before special events can be held in the City of Buffalo, event sponsors are typically required to furnish information about the event, complete the process of obtaining a special events permit and pay a fee; and Whereas, With the high volume of special events held each year in the City of Buffalo, particularly during the summer season, it is not uncommon for multiple events to be held on the same day and even in the same neighborhood; and Whereas, Special events, particularly when they are scheduled to held concurrently in a small areas, often results in increased vehicle and foot traffic, parking congestion, road closing and road blocks, restricted access to public transportation and other inconveniences to local residents and businesses; and Whereas, Last season, the Delaware District Common Council Office received numbers complaints from local residents and businesses that were impeded from travelling to and from their home or business as a result of major thoroughfares on both ends of streets being closed to accommodate special events; and Whereas, When reviewing, coordinating and planning special events, safeguarding the interests of local residents and businesses must be made a priority; and Whereas, the City can minimize the inconvenience caused to the local community by special events by providing appropriate notice to residents and businesses of when and where these gatherings are scheduled to be held; and Whereas, With various city offices involved in the special event process, including the Departments of the Permits & Inspections, Public Works, Parking, Law, Police & Fire, the Mayor, the Common Council and the Special Events Advisory Committee, it is critical that there be a clear policy in place for how notice &special events is to be provided and by whom. NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby request that the Commissioner of Public Works and the City's Special Events Coordinator appear before the appropriate committee of this honorable body to explain the City's policy, If there current is one, regarding providing notice to local residents and business of special events. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 857 SPONSOR: COUNCIL MEMBERS MICHAEL J. LOCURTO, DARIUS G. PRIDGEN AND DAVID A. FRANCZYK PERMISSION TO HANG PRIDE FLAGS ON PORTIONS OF ELMWOOD AVENUE AND ALLEN ST April 15 2014 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Pride Center of Western New York, Inc. ( "PCWNY') is an established 501(e)3 not - for - profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and Whereas: Each year Western New York and the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities, and this celebration is marked by the installation of traditional rainbow pride flags along Elmwood Avenue and Allen St; and Whereas: PCWNY is requesting permission to hang flags specifically located on Elmwood Avenue between West Delevan and West Chippewa and also on Allen Street between Delaware Avenue and Main St from May 23 2014 to June 20 2014; mad Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of flags that include the necessary information to fully comply with the requirements established. PCWNY has received a copy of these conditions provided by the above named Council Member that gives a full understanding of the requirements to allow the placement &the requested flags. Now, Therefore, Be It Resolved: That the requested banners, flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of WNY to hang flags located on portions of Elmwood Avenue and Allen St in Buffalo and that copies Of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the flags in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 858 SPONSOR: COUNCIL MEMBER MICHAEL J. LOCURTO PERMISSION TO HANG BANNERS ON ELMWOOD AVE AT LANCASTER AVENUE April 15 ", 2014 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Pride Center of WNY ( "PCWNY "), a local established 501(c)(3) not -for profit is requesting permission to hang banners for three of its important community events, all to be located at the intersection of Elmwood Avenue and Lancaster Avenue; and Whereas: The first banner will be hung from April 24 2014 through May 11 2014 at the aforementioned location to advertise for the AIDS Walk; with the second banner hung from Mar 11 h 2014 through June 2 2014 for LGBTQ Pride Month; and the third banner will be hung from September 24th through October 8 , 2014 for the PCWNY's Dining Out for Life event; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Pride Center of Western New York has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of Western New York to hang banners located on Elmwood Avenue at the intersection of Lancaster Avenue and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banner in the City of Buffalo. PASSED AYES 9. NOES 0 NO. 859 SPONSORS: COUNCILMEMBER MICHAEL J. LOCURTO CO- SPONSORS: COUNCILMEMBER DAVID A. FRANCZYK, COUNCILMEMBER DAVID A. RIVERA THE CITY OF BUFFALO ART IN PUBLIC PLACES PROGRAM Whereas, the Art in Public Places Program was adopted in 1999 as Chapter 409, Article II, Section 2 through 9 of the City of Buffalo Charter; and Whereas, the program was intended to enhance the urban environment, expand Buffalo citizens' experience through visual art, and reinforce Buffalo's standing a s a regional leader in public art, following the lead of such cities as Miami, Philadelphia, Denver and Seattle; and Whereas, the program stipulates that each capital project, including multiphase projects on a single project site, whose budgeted cost of construction and design for a single project or the total of such multiphase projects that is equal to or in excess of one million dollars, and is paid for either wholly or in any part by the City of Buffalo, is required to set aside 1 % of its total budget for project- related public artwork; and Whereas, after the program was codified, two capital projects underway at that time thus qualified and subsequently implemented public art into their construction: The B- District Police Station on Main Street and the Jefferson Avenue Library; and Whereas, other examples of how well - planned art components in city projects and infrastructure improve the way residents and visitors experience the City include the mosaics and art that were incorporated into the NFTA's Light Rail Rapid Transit Stations; and Whereas, while the program was successfully implemented for several years before being confronted by the crises and constraints brought upon by September 11 , 2001, and with the City's current fiscal status being the best it has been since then, it is time to recall the wisdom of this program and commit to investing in works of art that will compound the value of publically funded capital improvements and enhance the quality and character of the City of Buffalo for residents and visitors alike; and Whereas, the Art in Public Places Committee, is a committee that shall be comprised of qualified members chosen by the Buffalo Arts Commission, as outlined in section 409 -6, and charged with determining the appropriate selection and placement of art for each project; and Whereas, the art selected by the committee is made in consultation with and coordinated with project architects and officers of relative City departments, including the Dept. of Public Works, Parks and Streets and the Office of Strategic Planning; and Whereas, as per Section 409 -4 of the City Charter, should it be determined that a public art component be inappropriate for a given qualified capital project, the Commissioner of Public Works, Parks and Streets is required to submit justification to the Common Council who may waive the 1 % for Public Art requirement by resolution; Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports the Art in Public Places Program, and requests that responsible City officers and departments develop and coordinate internal processes and mechanisms that will help ensure this law is enacted to the fullest extent by the beginning of fiscal year 2014 -2015; and Be it Further Resolved: That the Commissioner of Public Works, Parks and Streets compose a list of both current and future capital projects that qualify under the stipulations of the Art in Public Places Program, and submit it to the Common Council and the City of Buffalo Arts Commission by May 27th 2014; and Be it Finally Resolved: That a copy of this resolution be sent to the Commissioner of Public Works, Parks, and Streets; Commissioner of Strategic Planning; the Buffalo Arts Commission; and the Commissioner of Administration, Finance, Policy & Urban Affairs. ADOPTED NO. 860 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN CITY OF BUFFALO COUNCIL DISTRICT TOURS Date: April 4, 2014 Whereas: In 1983 and 2002, significant revisions were made to the Charter that reduced the number of members serving on the Council. A 1983 revision eliminated two at -large seats thereby reducing the number of members on the Council to thirteen; three members and a Council President to be elected from the City at large, and one member to be elected from each of the nine Council Districts. Redistricting associated with the 2000 census led to all remaining at -large seats on the Council being eliminated in 2002, including the separately elected position of Council President.; and Whereas: The Common Council President is currently appointed by his or her peers who hold current council seats. It is still important however, for the City of Buffalo residents to know that while the Council President is no longer elected by the city, he or she still serves at the best interest of the city as a whole; and Whereas: It is important that all Council Members accept responsibility for both the needs and interests of their district and the needs and interests of the city as a whole in order to refrain from having a myopic focus; and Whereas: One approach for Council Members to learn about each district is to visit the council districts, listen to the constituents, hear their stories, listen to their concerns, and see their vision for the future. Now, Therefore be it Resolved. That the members of the City of Buffalo Common Council will embark on a Tour of Neighborhoods to gain first hand insight into the concerns of district constituents; and Be it Further Resolved: That an appropriate day and time will be scheduled for the city wide tour. ADOPTED NO. 861 SPONSOR: COUNCIL PRESIDENT PRIDGEN PROPOSED AMENDMENTS TO ORDINANCES REGARDING SPECIAL EVENTS STREET CLOSINGS Whereas, temporary closing of streets often requires the coordination of various departments and their resources for the consideration of safety and quality of life issues affecting residents represented by the Common Council; Whereas, the legislative intent of establishing a Special Events Advisory Committee is to address the need to ensure that there is a reasonable proliferation of the activities and events, which contribute to the economic viability of the city and the quality of life of its citizens; and Whereas, the current system provides little to no information to the Common Council regarding these special events, the departments involved in coordinating the events, or the quality of life of the citizens affected: Now, Therefore Be It Resolved that the City of Buffalo Common Council-- - 1) Directs the Special Events Advisory Committee to include all Council Members and their staff on distribution lists for notifications of special events and to include all SEAC meeting minutes within 72 hours of minutes approval; 2) Directs that notifications of decisions made on special events be sent to the Council President within 72 hours of the decision; 3) Requests Corporation Counsel to draft an amendment to § 414 -36 that removes the Common Council Chief of Staff from an automatic appointment to the Special Event Advisory Committee; 4) Requests that Counsel's amendment also include a provision for the Council to appoint ANY one employee of the Common Council as a voting member of the Special Events Advisory Committee; and 5) Directs the Council Staff to send one copy of this resolution to the following parties: Mayor Byron Brown, Special Events Coordinator Kimberly Trent, and Corporation Counsel Tim Ball. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 862 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN POTENTIAL EXPANSION OF A VOLKSWAGEN PLANT IN THE WESTERN NEW YORK AREA Date: April 3, 2014 Whereas: Volkswagen's CEO, Martin Winterkorn, announced at a Detroit auto show in February of 2014 that a new seven - passenger SUV will go on sale in the U.S. in 2016. Winterkorn stated the new model will be part of a five -year, $7 billion investment in North America; and Whereas: Manufacturing has long been the cornerstone of the Western New York economy. The last few years have greatly accelerated the changes that have been occurring for decades, as the auto industry in the region significantly downsized. Between 2008 and 2012 the local industry lost more than 11,000 jobs, leaving a strongly skilled labor force unemployed; and Whereas: Erie County is a major industrial and commercial center. The existing Volkswagen plant in Chattanooga Tennessee employs over 3,200 people and Erie County has the necessary labor force necessary to house the Volkswagen plant of comparable size ; and Whereas: A local Volkswagen site could prove to be an economic driving force to the Western New York area. The labor rates at similar plants in Western New York offer a competitive advantage to the Volkswagen Company. Now, Therefore be it Resolved: That this honorable body does hereby support any efforts made by the Erie County Legislature to attract Volkswagen to Erie County; and Be it Further Resolved: That copies of this resolution will be forwarded to Erie County Legislator Patrick Burke, the Buffalo Niagara Partnership and Volkswagen Group. ADOPTED NO. 863 By: COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN WAIVER OF SPECIAL EVENTS PERMIT FEE FOR CASA DE ADORACION EL SHADDAI April 20, 2014 Whereas: The Casa de Adoracion el Shaddai Church is utilizing the empty lot at the corner located at 312 Busti Avenue, across from the Father Belle Center for upcoming community events; and Whereas: The Easter Service Play will be held on Sunday, April 20, 2014, after Worship Service which begins at 1 pm. The public is welcome to attend; and Whereas: Their annual summer community week featuring the youth will begin July 21 -25, 2014, from 12 Noon to 4 pm, with our youth service at 7pm on July 25, 2014; and Whereas: Our focus is to engage youth in positive community activities; and Whereas: All events will be held rain or shine; and Now, Therefore, Be It Resolved: That the Common Council commends the Casa de Adoracion el Shaddai Church in their efforts to promote positive youth awareness through their community efforts, approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works and the Office of Special Events. PASSED AYES 9, NOES 0 NO. 864 BY: COUNCIL MEMBER RIVERA WAIVER OF FEES FOR TASTE OF DIVERSITY Whereas, the Taste of Diversity is a festival celebrating the cultural and ethnic diversity of the City; Whereas, the festival is in its 11th year and will take place on Saturday, June 28, 2014 on Grant Street between Auburn Avenue and Lafayette Avenue; Whereas, the festival will feature food, music, and dances from ethnicities and cultures across the globes; and Whereas, the festival is a free event and organized by volunteers and the Grant -Ferry Association, a non - profit organization: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) Approves the waiving of all fees associated with this event; and 2) the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office. PASSED AYES 9, NOES 0 NO. 865 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR SOUTH BUFFALO FARMERS' MARKET AND SOUTH BUFFALO CHARTER SCHOOL END OF SCHOOL YEAR PICNIC 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 Farmers' Market will be held every Sunday from June 1 - September 28 at Cazenovia Park: and WHEREAS, The South Buffalo Charter School End of School Year Picnic will be held on June 20, 2014 at Okell Park; NOW, THEREFORE. BE IT RESOLVED. That the Common Council of the Cit5 of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all applicable events fees for the South Buffalo Farmers' Market and the South Buffalo Charter School End of School Year Picnic; and BE IT FURTHER RESOLVED. That the City Cle "k forward a cop) of this resolution to the Departments Public Works and Special Events. PASSED AYES 9, NOES 0 NO. 866 BY: COUNCILMEMBER SMITH HOME RULE REQUEST TO PASS ASSEMBLY BILL A. 3702 -B ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS" WHEREAS: There is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS: New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. Now Therefore Be It RESOLVED: That the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill No. 3702 -B, entitled; "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions "; It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows; The local government does not have the power to enact such legislation by local law. And Be It Finally RESOLVED: That the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature ADOPTED NO. 867 BY: COUNCILMEMBER SMITH HOME RULE REQUEST TO PASS SENATE BILL S 870 -B ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS" WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 870 -B, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ADOPTED NO. 868 BY: UNIVERSITY DISTRICT COUNCIL MEMBER RASHEED N. C. WYATT ESTABLISHMENT OF BUFFALO YOUTH PROMISE ACT ADAPTED FROM (H.R. 1318 & S. 1307) April 15, 2014 Whereas: According to a 2011 National Conference of State Legislatures, youth adjudicated as adults are more likely to recidivate with more serious crimes, than those who are treated as juveniles; and Whereas: NPR's Crime and Punishment Correspondent Laura Sullivan stated, "The average cost of incarceration can be as much as $21,000472,000 per year for an adult inmate "; In a confidential report under Governor David Patterson "Task Force on Transforming the Juvenile System" from December 2009 it states "At the most basic level New York State is spending $210,000 per year to hold a youth in an institutional placement facility; and Whereas: The Youth PROMISE Act (Prison Reduction Through Opportunities, Mentoring, Intervention, Support and Education) builds on local success by empowering communities to develop programs and initiatives to combat juvenile delinquency and street gang activity; and Whereas: The Youth PROMISE Act as proposed in the House and Senate Legislation that will fund, implement, and evaluate local youth gang violence prevention and intervention practices; and Whereas: The Act empowers communities to proactively engage in strategies such as mentoring, after - school programs, and crime prevention for youths, which have been proven to reduce crime more effectively and at a substantially lower cost than criminal enforcement and incarceration; and Whereas: Investing dollars upfront to support local and statewide programs in an effort to reduce youth violence and gang activity, will ultimately save taxpayer money and provide much needed resources to combat the ever rising crime statistics of our youth; and Whereas: Although, organizations like Citizen Action have mobilized to raise the age for juveniles being tried as adults which is noble and appropriate, we must go further; The Governor's approach to help those who are incarcerated to obtain a college education while noble does not go far enough when the state spends billions in incarceration and millions on education; We must do more; and Whereas: If we can spend a Billion for Buffalo in Business Creation then; We must be willing to spend equal or double that in pre -k and early childhood education and other youth activities on the front end to inspire, develop and engage our youth to aspire to greatness before they come across the crooked roads than can cost them their future and thus increase the tax burden on an already over taxed populous; The significant investment on the front end will yield a savings on the back end that is measurable in a reduction in the drop -out rate, decrease incarceration rates and reduction in social services cost; Our communities will not move forward without a career and vocationally astute and trained youth workforce. Now, Therefore Be It Resolved: The City of Buffalo Common Council hereby supports the efforts of the House and Senate Youth Promise Act, and look to formulate a Buffalo Promise Act to address the significant issues of high school drop -outs, youth unemployment, crime, and incarceration rates to improve outcomes for our most vulnerable resources our youth; Our communities cannot move forward without a significant investment in training, focusing and stabilizing our youth and future leaders; and Be It Further Resolved: That this resolution be forwarded to President Obama, Mayor Brown, Erie County Executive, WNY Federal and State Delegations, Buffalo Board of Education, Commissioner of Youth Services, HEART Foundation, Citizens Actions Organization, Buffalo Urban League, Buffalo NAACP, Buffalo Promise Neighborhood, Mad Dads Organization, Peace Makers, Buffalo City Court, Buffalo School Board, Martha Mitchell Community Center, Stop the Violence Coalition, Buffalo United Front /Pretty As A Daisy, 100 Mighty Men, United Way of Buffalo & Erie County, Gloria J. Parks Community Center, Edward Saunders Community Center, Catholic Charities of Buffalo, Homeless Alliance of WNY, United Black Men Think Tank of Buffalo NY, Change Starts With You, Lucid Pathways, Delta Sorority, Teens in Progress, St. Joseph University Parish Social Justice Committee. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 869 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 22, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 22, 2014 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, April 22, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 22, 2014 at 2:00 o'clock P.M. Special Committees Committee on Claims (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. 870 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 2:45 P.M. GERALD A. CHWALINSKI CITY CLERK