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HomeMy WebLinkAbout14-0708NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 8, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt - Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE JULY 8, 2014 FINAL MAYOR 6. Capital Debt Service Fund Deposits 2014 -2015 Fiscal Year MAYOR - EXECUTIVE 7. 1420- 1. Strat Plan - Emergency Solutions Grant Funding -Yr 39 APP 1421- 2. Strat Plan- Report of Sale -839 E. Delevan(Mas) CD 1422- 3. Strat Plan- Report of Sale -345 Massachusetts(Nia) APP 1423- 4. Strat Plan- Report of Sale -103 Peck(Fill) APP 1424- 5. Strat Plan- Request Permission to Purchase 424,428,& 430 Fargo(Nia) APP COMPTROLLER 1425- 6. Capital Debt Service Fund Deposits 2014 -2015 Fiscal Year R &F 1426- 7. Annual Report of the Department of Real Property Taxes -2014 R &F ASSESSMENT 1427- 8. Appoint Assessor(Prov)(3 Step)(Martz) CS PUBLIC WORKS 1428- 9. Change in Contract - Buffalo Fire Dept Roof Replacement(South) APP 1429- 10. Change in Contract -Marcy Casino - Elevator & Deck($29,833.00)(North) APP 1430- 11. Change in Contract -Marcy Casino - Elevator & Deck($69,168.52)(North) APP 1431- 12. Change in Contract -Marcy Casino - Elevator & Deck($791,840.00)(North)_APP 1432- 13. Change in Contract - Polonia CC -Rehab CDBG Funded($20,906.83) APP 1433- 14. Change in Contract -Police Radio Annex Asbestos Abatement(Del)($254,343.00)_APP 1434- 15. Change Order -Hatch Mott MacDonald Parkside Traffic Study($113,654.00)APP 1435- 16. Handicap Ramps Within City ROW -527 W Utica APP 1436- 17. Increase in Encumberance - Citywide Sidewalk Replacement APP 1437- 18. Permission to Enter Agmt - Universal Waste Recycling Services APP 1438- 19. Permission to Hire Consultant- Painting and Concrete Repair Project - South Park Ave Bridge APP 1439- 20. Permission to Hire Consultant -Police Headquarters Garage Floor Rehab(Fill)-APP 1440- 21. Permission to Increase Contract -Rehab Equipment in LLPS($3,977,225.00)_APP 1441- 22. Permission to Increase Contract -Rehab No 4 Pump Motor Mass Station($1,127,330.00) APP 1442- 23. Permission to Negotiate /Acquire ROW Parcels -North Bflo Rails(Univ) APP 1443- 24. Report of Bids - Dudley Library Roof(South) APP 1444- 25. Report of Bids Eng 25 New Roof & Deck(South) APP 1445- 26. Report of Bids -Eng 2 New Roof(Fill) APP 1446- 27. Report of Bids -Eng 37 New Roof Drain(Nia) APP 1447- 28. Report of Bids -Eng 26 New Roof(North) APP 1448- 29. SPCA Accepting Carcasses from COB Animal Shelter APP 1449- 30. Appoint Principal Chief Stationary Engineer(Prov)(Max)(Keenan) CS 1450- 31. Appoint Senior Clerk(Perm)(Inter)(Fanelli) CS 1451- 32. Appoint Truck Driver(Prov)(Inter)(Irlbacher) CS POLICE 1452- 33. Justice Assistance Grant Program Renewal Year 10 APP 1453- 34. Permission to Accept 2014 Gun Involved Elimination Grant(GIVE) APP 1454- 35. Permission to Accept 2014 -2015 Operation Protect Kids -Youth Tobacco Enf APP 1455- 36. Permission to Accept 2014 Stonegarden Funds APP PERMITS AND INSPECTIONS 1456- 37. Downtown Special Vending District Requests to Amend Vending Site CD 1457- 38. Food Store (New) 663 East Ferry(Masten) APP 1458- 39. Food Store License(New) -845 Jefferson(Ell) LEG 1459- 40. Food Store License(New) -500 Ontario(North) LEG 1460- 41. Used Car Dealer -1350 Bailey(Lov) APP 1461- 42. Scrap Processor -482 Howard(Fill) LEG 1462- 43. Wholesale Junk Dealer -482 Howard(Fill) LEG CITY CLERK Scanlon 1463- 44. Notice of Intention -Name Shelter House at Caz Park -Bob 1518- 76A Scanlon Williams Shelter House R &F 1464- 45. Items returned by Mayor without Approval/Disapproval Meeting 06/10/2014_R &F 1465- 46. Items returned by Mayor without Approval/Disapproval Meeting 06/24/2014_R &F 1466- 47. Chicken License Application -515 Dartmouth LEG 1467- 48. Liquor License Applications R &F 1468- 49. Leaves of Absence R &F 1469- 50. Appoint Sr. Legislative Assistant(Marks) ADOPT 1470- 51. Appoint Legislative Aide(Burks, Chase, Johnson, Reyes) ADOPT 1471- 52. Notices of Appointments - Council Interns ADOPT 1472- 53. Notices of Appointment - Seasonal R &F 1473- 54. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1474- 55. D. Bastian -Lyft Driver Tax FAQ' S CD 1475- 56. D. Bastian -Lyft Driver's Terms of Service CD 1476- 57. D. Bastian - Buffalo Lyft Drivers Needed CD 1477- 58. D. Bastian -Lyft Drivers -How do I handle Taxes CD 1478- 59. B. Yunke- Liability Coverage Section - Preferred Mutual CD 1479- 60. B. Yunke - Ridesharing, Transportation Services and Insurance CD 1480- 61. Buffalo Water Bd Report -May 2014 R &F 1481- 62. Dr. W. Kresezes- Comments for Committee on Educations ED 1482- 63. M. LoCurto- Worker -Owned Co -ops Get $1 Million in NYC Spending CD 1483- 64. D. Pridgen -R. Murray -EC Industrial Dev AgencySEQR- 204 -216 Franklin-CD 1484- 65. D. Smith -Study of City Take Over Schools Shouldn't Be Allowed to Derail Progress ED 1485- 66. D. Smith -Lamar Adv- Concerns Green code in Regards to Billboards LEG PETITIONS 1486- 67. F. Yang, Agent, Use 2042 S. Park to Re- establish Use of Restaurant in the South Park Special District(hrg 7 /15)(South) LEG,CPBD 1487- 68. K. Mackiewicz, Owner, Use 191 Allen to Create an Additional Patio Area(hrg 07 /15)(Fill) LEG,CPBD RESOLUTIONS 1509- 69. Fontana Waiver of Fees for Veterans Affairs Welcome Home Troops Event APP 1510- 69A Golombek Declare July 11, 2014 French Connection Day in COB ADOPT 1511- 70. LoCurto Request Permission to Hold the 2014 Greater 1512- 71. Pridgen 1513- 72. Pridgen 1514- 73. Rivera 1515- 74. Rivera 1516- 75. Scanlon 1517- 76. Scanlon 1518- 76A Scanlon 1519- 76B Scanlon 1520- 76C Scanlon Buffalo Italian Heritage and Food Festival APP Require City Approval Before Methadone Clinic Openings Appoint Marriage Officer(Golombek Jr July 18 and 19) ADOPT Waive Fees for Love Thy Neighbor Weekend to Remember Waiver of Special Events Fee for Myanmar- Burmese Water Festival APP Waive Event Fees for Poll Watcher Training and Instruction_APP Waive Event Fees for the Bishop Timon -St Jude Lawn Fate D/C Leg, CCP# 14- 3082 /18 -Used Car Dealer 835 Sycamore ADOPT D/C APP W /COND Ordinance Amendment -Ch 175 Enumeration of Fees - Building Permits Ordinance Amendment -Ch 175 Enumeration of Fees - Parks & Open Spaces FIN 1521- 76D Scanlon Ordinance Amendment -Ch 175 Enumeration of Fees Streets and Sidewalks FIN 1522- 76E Scanlon Ordinance Amendment -Ch 175 Enumeration of Fees - Towing & Storage FIN 1523- 76F Scanlon Waive Fees for YMCA Bflo Nia Summer Day Camp APP 1524- 77. Smith Appoint Legislative Aides(Cty Clk)(Chase, Johnson, Burks,Reyes) ADOPT 1525- 78. Smith Appoint Sr Legislative Assistant(Masten)(Marks) ADOPT 1526- 79. Smith Appoint Asst Legislative Aide(Cty Clk)(Casillas) ADOPT 1527- 79A Smith,etc Post Demolition Lots ADOPT 1528- 80. Smith Waive Park Rental and Event Fees -2014 High Reunion APP 1529- 81. Wyatt Budget and Personnel Amendment -Mayor Exec APP 1530- 81A Wyatt Comm of Deeds -Public Duties ADOPT TABLE ITEMS -- - - - - -- Review of 2006 Police Incident(CCP# 2, SS 07/08/2014) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1488- 1. 14 -1331 Com June 24 Appoint Assistant Auditor (Perm)(Inter)(Blake)(Compt) APP 1489 -2. 14 -1343 Com June 24 Appoint Truck Driver(Temp)(Max)(Dargavel)(PW) APP 1490 -3. 14 -1344 Com June 24 Appoint Animal Shelter Attendant (Prov)(Inter)(Brown)(PW) APP 1491 -4. 14 -1348 Com June 24 Appoint Senior Deputy Corporation 1508 -21. 13 -41 No Dec 10 LP Ciminelli -Board Packet Documents - December 2013 R &F Counsel (Exempt)(Flat)(Strom)(CC) APP 1492 -5. 14 -1355 Com June 24 Appoint Director of Urban Affairs (Exempt)(Flat)(Marcy)(A &F)_R &F 1493 -6. 14 -1357 Com June 24 Appoint Director of Recreational Programming (Exempt)(Drye)(Comm Svs) R &F 1494 -7. 14 -1370 Com June 24 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 1495 -8. 14 -1346 Com June 24 Approval to Purchase Cellebrite UFED Ultimate Touch(Pol)_ APP /COND COMMUNITY DEVELOPMENT 1496 -9. 14 -1417 Res June 24 Remaining Lots After Demolition(Smith,etc) R &F LEGISLATION 1497 -10. 14 -1379 No June 24 J. Montour -P. Rumore- Opposition to Move School Board Election R &F 1498 -11. 14 -1384 No June 24 Q. Abduluabi, Owner, Use 1201 Hertel, New Owner to an Existing Restaurant In the Hertel Ave Special Zoning District (hrg 7 /1)(Del) APP 1499 -12. 14 -1392 No June 24 J. Molek, Agent, Use 1435 Hertel to Erect an Open Balcony for Sit in Restaurant Which Projects on the City ROW(hrg 6/17) (Del)( 414 -1256, 6/10) APP SIDEWALK CAFE ONLY, Rem in Leg 1500 -13. 14 -1400 No June 24 J. Popiela, Agent, Use 2300 Delaware to Erect a Free Standing Pole- Sign(North)(no hrg) ( #14- 1040,5/13)( #14 - 1180,5/27) (414- 1285,6 /10) RECOMMIT 1501 -14. 14 -1304 Res June 10 Naming of Scheu Park Green Space "Mary Jean Sloan Park" (Fontana)(Exe Res)(Pub Hrg 7/8/14) APP 1502 -15. 14 -1087 Res May 13 Request for Consideration - Naming Shelter House at Caz Park for Robert J. Williams(Scanlon) R &F 1503 -16. 14 -679 No Apr 1 N. Boyd- Concerns Office Space at Apollo Media Center R &F 1504 -17. 12 -79 Res Oct 2 Appeal Court Ruling to Re -Open Illegal Delis (Franczyk,all)(exc res) R &F EDUCATION 1505 -18. 14 -1141 No May 27 LP Ciminelli -Board Packet Documents May 2014 R &F 1506 -19. 14 -913 No Apr 29 LP Ciminelli -Board Packet Documents April 2014 R &F 1507 -20. 14 -114 No Jan 21 LP Ciminelli -Board Packet Documents - January 2014 R &F 1508 -21. 13 -41 No Dec 10 LP Ciminelli -Board Packet Documents - December 2013 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JULY 8, 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 June 24, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT5 FROM THE OFFICE OF STRATEGIC PLANNING NO. 1420 YEAR 39 EMERGENCY SOLUTIONS GRANT FUNDING PRIOR COUNCIL REFERENCE: ITEM NO. 00013, CCP 07/09/13 (2013 ANNUAL ACTION PLAN) ITEM NO. 00907, CCP 04/29/14 (PUBLIC SERVICE AGENCY EXTENSIONS) Attached for your Honorable Body's consideration are proposed Emergency Solutions Grant (ESG) funding amounts for the period between May 1 and September 30, 2014. This covers the extended program year for Year 39 HUD funds. This Honorable Body previously approved the extension of the contract term to be coterminous with the city's new HUD program year. The $192,800 in budget increases are being paid with unexpended ESG balances from prior program years, and not with city funds. The increases outlined in Table A are divided between $128,500 in program expenses that do not require amending the city's Annual Action Plan, and $64,300 in program expenses that require an amendmen to the city's Annual Action Plan. Those proposed changes that require an amendment to the city's Annual Action Plan will be presented and discussed at a public hearing scheduled for July 15, 2014. 1 respectively request that your Honorable Body: (1) approve the proposed budget increases; and (2) authorize the Mayor's Office of Strategic Planning and /or Department of Community Services to execute all agreements and related documents to carry out the projects identified therein, consistent with the rules and regulations governing the ESG program. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 3, 2014, be received and filed; and That the Common Council hereby approves the proposed Emergency Solutions Grant (ESG) funding amounts for the periods between May 1, 2014 and September 30, 2014, which covers the extended program years for Year 39 HUD funds; and that the Common Council hereby authorizes the Office of Strategic Planning and /or Department of Community Services to execute all agreements and related documents to carry out the projects identified consistent with the rules and regulations governing the ESG program. The budget increases are being paid with unexpended ESG balances from prior program years, and not with City funds. PASSED AYES 9, NOES 0 NO. 1421 REPORT OF SALE 839 EAST DELAVAN -VACANT LOT 121' E SCHUELE LOT SIZE: 31'X 140' ASSESSED VALUE: $2,600 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Sherita Farmer 471 E Amherst, Buffalo, New York 14215 to purchase 839 East Delavan. Ms. Farmer owns property in the surrounding area. She would like to purchase the above referenced property in order to create yard space for 843 East Delavan. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Cents ($70) per square foot. Ms. Farmer has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800); Forty Five Cents ($.45) per square foot for the parcel. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 839 East Delavan for the amount of One Thousand Eight Hundred Dollars ($1800) to Ms. Farmer. 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. 1422 REPORT OF SALE 345 MASSACHUSETTS SOUTH SIDE 2371.60' NORTHEAST OF FIFTEENTH STREET LOT SIZE: 30'X 149' ASSESSED VALUATION: $5,300 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jason Wilson and Bernice Radle on behalf of Buffalove Holdings LLC 4630 Day Road, Lockport, New York 14094 to purchase 345 Massachusetts Avenue. Buffalove Holdings LLC currently owns 347 & 351 Massachusetts Avenue, which consists of 4 residential units (12 bedrooms total). There is no off - street parking for their tenants. Buffalove Holdings LLC would like to purchase 345 Massachusetts to provide off - street parking to their tenants. They have provided sufficient proof of funding to complete the purchase and their project. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar and Fifty - One Cents ($1.51) per square foot. Jason Wilson and Bernice Radle on behalf of Buffalove Holdings LLC have agreed and are prepared to pay Four Thousand Two Hundred Dollars ($4,200), Ninety -Four Cents (.94) 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 345 Massachusetts in the amount of Four Thousand Two Hundred Dollars ($4,200) to Buffalove Holdings LLC. 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, Division of Real Estate, dated July 1, 2014, be received and filed; and That the offer from the Mr. Jason Wilson and Bernice Radle on behalf of Buffalove Holdings LLC, 4630 Day Road, Lockport, New York 14094, in the amount of Four Thousand Two Hundred Dollars ($4,200.00) for the purchase of 345 Massachusetts Avenue be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by —e 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. 1423 REPORT OF SALE - 103 PECK - VACANT LOT 170' NORTH OF ASHLEY LOT SIZE: 30'X 199' ASSESSED VALUATION: $1,400 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Olive Andrews 82 Quincy Street, Buffalo, New York 14212 to purchase 103 Peck Street. Ms. Andrews owns property in the surrounding area. She would like to purchase the above referenced property in order to create yard space and parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Sixty Cents ($.60) per square foot. Ms. Andrews has agreed and is prepared to pay Forty Cents ($.40) per square foot for the parcel for a total of One Thousand Two Hundred Dollars ($1,200) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 103 Peck Street in the amount of One Thousand Two Hundred Dollars ($1,200) to Olive Andrews. 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, Division of Real Estate, dated July 1, 2014, be received and filed; and That the offer from the Ms. Olive Andrews of 82 Quincy Street, Buffalo, New York 14212, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 103 Peck 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. 1424 REQUEST PERMISSION TO PURCHASE 424,428 & 430 FARGO(NIA) 424 Fargo - Vacant Lot 154' NW Rhode Island Lot Size: 25'x 150' Assessed Value: $3,600 (Niagara District) 428 Fargo - Vacant Lot 179' NW Rhode Island Lot Size: 35'x 166' Assessed Value: $6,000 (Niagara District) 430 Fargo - Vacant Lot 214' NW Rhode Island Lot Size: 35'x 130' Assessed Value: $5,400 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joel A. Giambra on behalf of Executive Properties of Western New York 335 Woodland Drive, Tonawanda, New York 14223 to purchase 424,428 and 430 Fargo Street- Executive Properties of Western New York would like to purchase the above referenced properties in order to build one single family and two double family homes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations; taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Giambra has agreed and is prepared to pay One Dollar and Seven Cents ($1.07) per square foot for the parcels for a total of Thirteen Thousand Five Hundred Dollars ($13,500) for the above referenced properties. 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 424,428 and 430 Fargo Street in the amount of Thirteen Thousand Five Hundred ($13,500) to Joel Giambra on behalf of Executive Properties of Western New York. 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, Division of Real Estate, dated July 1, 2014, be received and filed; and That the offer from the Mr. Joel A. Giambra on behalf of Executive Properties of Western New York, 335 Woodland Drive, Tonawanda, New York 14223, in the amount of Thirteen Thousand Five Hundred Dollars ($13,500.00) for the purchase of 424, 428 and 430 Fargo 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 FROM THE COMPTROLLER NO. 1425 CAPITAL DEBT SERVICE FUND DEPOSITS 2014/2015 FISCAL YEAR Certificate Number 1 -14/15 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing June and ending June 30 2015 I, Mark J.F. Schroeder, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2014 and ending June 30, 2015 is $49,893,877.83. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2014 through and including November 30, 2014), is $21,135,952.89. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2014 through and including June 30, 2015), is $28,757,924.94. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2014 and ending December 31, 2014 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $ 871,169.39 Aug. 1, 2014 M &T Trust, Buffalo, New York Serial Bond 1,407,119.11 Aug. 15, 2014 M &T Trust, Buffalo, New York Serial Bond 1,665,815.63 Oct. 1, 2014 M &T Trust, Buffalo, New York Serial Bond 7,052,723.76 Nov. 14, 2014 M &T Trust, Buffalo, New York Serial Bond 10 139 125.00 Dec. 1, 2014 M &T Trust, Buffalo, New York $21,135,952.89 5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2014 is $18,665,453.41. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2015, and ending June 30, 2015, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $9,696,524.63 Jan. 15, 2015 M &T Trust, Buffalo, New York Serial Bond 4,801,169.39 Jan 30, 2015 M &T Trust, Buffalo, New York Serial Bond 12,112,196.66 April 01, 2015 M &T Trust, Buffalo, New York BAN 1,158,658.00 April 29, 2015 M &T Trust, Buffalo, New York Serial Bond 441,026.26 May 15, 2015 M &T Trust, Buffalo, New York Serial Bond 548,350.00 June 1, 2015 M &T Trust, Buffalo, New York $28,757,924.94 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2014 is $20,113,730.59 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1 -14/15 to the Director of Treasury and to M &T Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 25th Day of June, 2014. Mark J. F. Schroeder Comptroller RECEIVED AND FILED NO. 1426 ANNUAL REPORT OF THE DEPARTMENT OF REAL PROPERTY TAXES -2014 Dear County Executive Poloncarz, I am pleased to present to you the 2014 Annual Report of the Department of Real Property Tax Services. This report contains all City, Town, School and Village tax rates, levies and equalization rates as well as other pertinent information compiled over the 2013/2014 tax year as follows: Page 2 Real Property & Special Franchise Values Countywide Page 4 Gross Assessment Roll Page 5 Real Property Transfers & Census Population Data Page 6 Top 20 Real Property Taxpayers in Erie County Page 7 Erie County Legislators & Village Officials Page 8 City & Town Officials Page 9 Abstract of Village Taxes Page 10 Abstract of School Taxes Page 15 Abstract of City, Town & County Taxes I hope that you find this information useful. Also, please note that an electronic copy of this report is available on our department's website: www.erie.gov /ecrpts Very truly yours, Joseph L. Maciejewski, CCD Director Real Property Tax Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 1427 APPOINT ASSESSOR(PROV)93 STEP)(MARTZ) Certificate of Appointment Appointment Effective June 26, 2014 in the Department of Assessment and Taxation to the Position of Assessor Provisional Appointment Third Step starting salary of $51,580 David C. Martz, 98 Alsace Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1428 CHANGE IN CONTRACT- CORRECTION BUFFALO FIRE DEPARTMENT ENGINE #25 ROOF REPLACEMENT JOB #1311 SOUTH DISTRICT PRIOR COUNCIL REFERENCE: ITEM NO. 158 -9, CCP 2/4/14 1 hereby submit to Your Honorable Body the following changes for the Buffalo Fire Department, Engine #25 Roof Replacement, Cannon Design, C #93001174. 1. Additional design services required for the structural Add $1,400.00 replacements at Engine #25. The change order is required to design the trusses and roof deck to support the new roof. This is part of an ongoing design service contract established by an RFQ bidding and selection process. The foregoing change results in a net increase in the contract of Fourteen Hundred and 00/100 Dollars ($1,400.00). Summary: Original Contract Amount $92,470.00 Amount of This Change Order ( #1) $ 1,400.00 Revised Contract Amount $93,870.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 35323106 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 2, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets be, and he hereby is authorized to execute Change Order #1, in the amount of $1, 400.00 (Original Contract Amount $92,470.00 + Change Order #1 $1,400.00 for a Revised Contract Amount of $93,870.00) for the Buffalo Fire Department, Engine #25, Roof Replacement, to Cannon Design, C #93001174. Funding is available in Account #35323106 4451000 — Buildings. PASSED AYES 9, NOES 0 NO. 1429 CHANGE IN CONTRACT MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION JOB #1275 NORTH DISTRICT I hereby submit to Your Honorable Body the following changes for Marcy Casino, New Elevator and Structural Deck Reconstruction, Allied Mechanical, C #93001255. 1. Temporary Exhaust Deduct $ 1,500.00 2. Changes to Ductwork Layout Deduct $ 4,924.00 The foregoing changes result in a net decrease in the contract of Six Thousand Nine Hundred Twenty Four and 00/100 Dollars ($6,424.00). Summary: Original Contract Amount Amount of Previous Change Orders $36,257.00 Amount of This Change Order ( #1) Revised Contract Amount ($ 6,924.00) $29,833.00 Costs have been reviewed by the consulting architect (DiDonato Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Work Parks and Streets, dated June 30, 2014, be received and filed; and That the Commissioner of the Department of Public Works Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $6,924.00 (Original Contract Amount $36,257.00 + change Order #1 $6,924.00 for a Revised Contract Amount of $29,833.00) for the Marcy Casino, New Elevator and Structural Deck Reconstruction, to Allied Mechanical, C #93001255. PASSED AYES 9. NOES 0 NO. 1430 CHANGE IN CONTRACT MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION JOB #1275 NORTH DISTRICT I hereby submit to Your Honorable Body the following changes for Marcy Casino, New Elevator and Structural Deck Reconstruction, Goodwin Electric, C #93001269. 1. Temporary Lighting Deduct $ 5,054.66 2. Silent Knight Communicator Panel Add $ 1,750.32 3. Remote Key Pad for Lighting Control System Add $ 1,633.78 4. Replace Conduits at East Entrance to Pan AM Room Add $ 776.73 5. Sound System Receptacle Add $ 707.14 6. Feeder for Exhaust Fan at Elevator Machine Room Add $ 873.42 7. Cost to Reinstall Lighting at Upper Hall Ceiling Add $ 706.08 8. Cost to Troubleshoot Lights in West Entrance and Reconnect Add $ 690.70 9. Labor, Material, and Shipping for (3) Wall Sconces and Controls Add $ 2,985.11 The foregoing changes result in a net increase in the contract of Five Thousand Sixty Eight and 52/100 Dollars ($5,068.52). Summary: Original Contract Amount $64,100.00 Amount of Previous Change Orders Amount of This Change Order ( #1) $ 5,068.52 Revised Contract Amount $69,168.52 Costs have been reviewed by the consulting architect (DiDonato Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 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 June 30, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $5,068.52 (Original Contract Amount $64,100.00 + Change Order #1 $5,068.52 for a Revised Contract Amount of $69,168.52) for the Marcy Casino, New Elevator and Structural Deck Reconstruction to Goodwin Electric C #93001269. Funds for this work are available in Account #35323106 445100. PASSED AYES 9, NOES 0 NO. 1431 CHANGE IN CONTRACT MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION JOB #1275 NORTH DISTRICT I hereby submit to Your Honorable Body the following changes for Marcy Casino, New Elevator and Structural Deck Reconstruction, RB Mac, C #93001268. 1. N/C Change to Reuse Concrete Planks and Epoxy Inject Add $ 0.00 2. Reconstruct Planter and Ramp to Pan AM room Add $ 1,502.00 3. Omission of Brick Work at Base of exterior wall Credit $ - 9,620.00 4. Additional Painting Labor and Material Add $ 7,132.00 5. Premium time to meet construction deadline Add $ 2,401.00 61 Reconstruct Stairs at Pan AM Room, Labor and Material Add $ 8,938.00 7. Additional Carpet and Repairs to Concrete Floor at Lower Exit DoorAdd $ 10,811.00 8. Change Elevator Doors from Stainless to Painted Credit $ - 4,030.00 9. Emergency Asbestos Abatement at Abandoned Streamline Add $ 7,706.00 The foregoing changes result in a net increase in the contract of Twenty Four Thousand Eight Hundred Forty and 00/100 Dollars ($24,840.00). Summary: Original Contract Amount Amount of Previous Change Orders $767,000.00 Amount of This Change Order ( #1) Revised Contract Amount $ 24,840.00 $791,840.00 Costs have been reviewed by the consulting architect (DiDonato Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 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 June 30, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $24, 840.00 (Original Contract Amount $767,000.00 + Change Order #1 $24,840.00 for a Revised Contract Amount of $791,840.00) for the Marcy Casino, New Elevator and Structural Deck Reconstruction, to RB Mac, C #93001268. Funds for this work are available in Account #35323106 445100. PASSED AYES 9, NOES 0 NO. 1432 CHANGE IN CONTRACT CONTRACT #H0000129 POLONIA COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38- 10205, IDIS #8477 PRIOR COUNCIL REFERENCE: No. 22 CCP 10/15/13 1 hereby submit to Your Honorable Body the following change for the Polonia Community Center Rehabilitation Project, Goodwin Electric Corporation, Contract #H0000129. 1. Installation of a new electrical line from basement electrical panel to power two newly installed exhaust fans. The foregoing change results in a net increase of Two Thousand Seven Hundred Six Dollars and 83/100 ($2,706.83). Summary: Original Approved Amount $17,600.00 Amount of this increase $ 2,706.83 Revised Amount $20,906.83 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in CH9M2057 -47000 - Buildings Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated June 30, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $2,706.83 (Original Contract Amount $17,600.00 + Change Order #1 $2,706.83 for a Revised Contract Amount of $20,906.83) for the Polonia Community Center Rehabilitation Project, to Goodwin Electric Corporation, C #H0000129. Funds for this work are available in Account #CH9M2057 - 47000 - Buildings. PASSED AYES 9, NOES 0 NO. 1433 CHANGE IN CONTRACT POLICE RADIO ANNEX ASBESTOS ABATEMENT DELAWARE DISTRICT I hereby submit to Your Honorable Body the following change for the Police Radio Annex, Asbestos Abatement, S & W Contracting, C #93001159. 1) This change includes labor and materials required for the abatement Add $ 16,443.0 Reposting and for unforeseen delay in construction. The foregoing change results in a net increase in the contract of Sixteen Thousand Four Hundred Forty Three Dollars and 00/100 ($16,443.00). Summary: Current Contract Amount $237,900.00 Amount of this Change Order $ 16,443.00 Revised Contract Amount $254,343.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 33320706 445100 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated June 30, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $16,443.00 (Original Contract Amount $237,900.00 + Change Order #1 $16,443.00 for a Revised Contract Amount of $254,343.00) for the Police Radio Annex, Asbestos Abatement, to S & W Contracting, C #9300159. Funds for this work are available in Account #33320706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 1434 CHANGE ORDER HATCH MORT MACDONALD PARKSIDE TRAFFIC STUDY CONTRACT #93001224 1 hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract. This change order is necessary add data collection and analysis to the scope to capture traffic data during summer weekends: Summer weekend traffic is a special case specific to Parkside Ave because of the increased traffic that is generated by the Buffalo Zoo. The Division of Engineering will use this additional data and analysis to verify that any changes to traffic configuration on Parkside Ave will not cause adverse impacts on access to the Buffalo Zoo. This change order is in accordance with the consultant agreement and project procurement. Existing Contract Amount $ 99,804.00 Increase in Contract $ 13,850.00 Total Contract to Date $113,654.00 Funds are available in Capital Projects Account # 37315506 - 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks & Streets to issue said change order to Hatch Mott MacDonald. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated July 2,2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $13,850.00 (Original Contract Amount $99,807.00 + Change Order #1 $13, 850.00 for a Revised Contract Amount of $113,654.00) for the Parkside Traffic Study, to Hatch Mott MacDonald, C #93001224. Funds for this project are available in Capital Projects Account #37315506- 445100 and /or another account to be named at a future date. PASSED AYES 9, NOES 0 NO. 1436 627 WEST UTICA HANDICAP RAMPS WITHIN CITY RIGHT OF WAY Ms. Heather Schroeder, Development Project Manager for Housing Visions, owners of the property located at 527 West Utica Street, has requested permission to encroach City Right of Way with handicap ramps at said address. The building is being converted into a mixed use of commercial space, residential apartments and community space. The handicap ramps would occupy both the West Utica Street and Brayton Street sides of the property. A minimum of 6' of unobstructed sidewalk will remain after installation. The Department &Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Charter 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 the applicant obtain any and all City of Buffalo permits necessary. 2. That the ramps be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the ramps be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond and /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 ramps. 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 July 2, 2014, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances, to issue a "Mere License" to Ms. Heather Schroeder, Development Project Manager for Housing Visions, owners of the property located at 527 West Utica Street, to encroach City right -of -way with a handicap ramp upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the ramp be constructed so as not to be permanent in nature; and 4. That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond and /or certificate of insurance deeded sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED AYES 9, NOES 0 NO. 1436 INCREASE IN ENCURNBERANCE [:NUSSBANMER & CLARKE, INC. CONSULTANT INSPECTION SERVICES CITY -WIDE SIDEWALK REPLACEMENT & PAVEMENT RECONSTRUCTION CONTRACT #93000933 1 hereby submit to your Honorable Body the following increase m the consultant contract for the above named contract. This change order is necessary to increase the term contract encumbrance to provide additional services for consulting- inspection of sidewalk work for the 2014 construction season This increase in encumbrance is the last one for this term contract. This change order is in accordance with the consultant agreement and project procurement. Existing Contract Amount $89,376.95 Increase in Contract $86,400.00 Total Contract to Date $175,776.95 Funds are available in Capital Projects Account # 37315506 - 445100 and or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Nussbaumer & Clarke, Inc. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 $86,400.00 (Original Contract Amount $89,376.95 + Change Order #1 $86,400.00 for a Revised Contract Amount of $175,776.95) for the City -wide Sidewalk Replacement and Spot Pavement Reconstruction Project, Contract #93000933, with Nussbaumer & Clarke, Inc. Funds are available in Capital Projects Account #37315506 - 445100 and /or another account to be named at a future date. PASSED AYES - 9 NOES - 0 NO. 1437 PERMISSION TO ENTER INTO AN AGREEMENT WITH FOR UNIVERSAL WASTE RECYCLING SERVICES. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to enter in an agreement with American Lamp Recycling, LLC for universal waste "recycling services. The vendor has been chosen through an informal bid process. The contract period is one year. Funds for this work are available in 13296006-480000 - Buildings. Results are below: Waste Type Unit NLR ALR Straight Fluorescent Lamps per linear feet $ 0.07 $ 0.05 Compact Fluorescent lamps per lamp $ 0.49 $ 0,29 Circular Fluorescent Lamps per lamp $ 0.49 $ 0.29 U -Tube Fluorescent Lamps per lamp $ 0.49 $ 0.29 Mercury Vapor Lamps per lamp $ 0.65 $ 0.29 Metal Halide Lamps per lamp $ 0.65 $ 0.29 High Pressure Sodium Lamps per lamp $ 0.65 $ 0.29 High intensity Discharge Lampsper lamp $ 0.65 $ 0.29 Light Ballasts per lamp $ 1 25 per lb." $ 1.65 Batteries per unit $ 0.75 $ 1.00 Mercury Devices per unit $ 4.25 $ 9.95 Transportation Charges per stop $ 25.00 $ 150.00 " example 10 lb. $2.50 per unit Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 2, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with American Lamp Recycling, LLC for universal waste recycling services. Funds for this contract are available in Account #13296006- 480000 - Buildings. PASSED AYES — 9 NPOES — 0 NO. 1438 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; PERMISSION TO RECEIVE BIDS FROM CONSTRUCTION CONTRACTORS AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, CSX, BSA AND CITY OF BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECTION OF THE PAINTING & CONCRETE REPAIR PROJECT SOUTH PARK AVENUE BRIDGE OVER THE CSX RAILROAD, BIN 2256770 CITY OF BUFFALO, COUNTY OF ERIE FILLMORE DISTRICT The NYSDOT and the City of Buffalo have designated $250,000 for the design, construction, administration and inspection of Painting & Concrete Repair Project -South Park Avenue Bridge over the CSX Railroad, BIN 2256770. 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 July 1, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, New York State Department of Transportation, Niagara Frontier Transportation Authority, Buffalo Sewer Authority, and the City of Buffalo Water Authority for the design, construction, administration and inspection of the Painting and Concrete Repair Project - South Park Avenue Bridge over the CSX Railroad. PASSED AYES — 9 NOES — 0 NO. 1439 PERMISSION TO HIRE CONSULTANT POLICE HEADQUARTERS GARAGE FLOOR REHABILITATION JOB #1420 FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for garage floor rehabilitation, Police HQ. The cost for consulting services is estimated not to exceed $16,000.00. Funds are available in 38201506 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of " Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for garage floor rehabilitation for Police Headquarters. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #38201506 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1440 [PERMISSION TO INCREASE CONSTRUCTION CONTRACT J.W. DANFORTH COMPANY REHAB OF EQUIP IN LLPS AT FILTER PLANT CONTRACT # 93000724 I hereby submit to your Honorable Body the following change for this contract. J.W. Danforth Company is the construction contractor for Rehabilitation of Equipment in LLPS at Filter Plant. This increase is necessary for improvements to enhance the operation of the facilities and increase the service life of the equipment. The additional work required for the rehabilitation of the pumps and motors includes seal and bearing replacement, operator and switchgear rehabilitation, new suction valve operator, updating SCADA system hardware and software, upgrades and modifications to associated electrical wiring, and improvements to related systems. Contract Amount $3,909,225.00 This Change Order $68,000.00 Total $3,977,225.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $68,000.00. The funds are available in Division of Water account 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 2, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $68,000.00 (Original Contract Amount $3,909,225.00 + Change Order #1 $68,000.00 for a Revised Contract Amount of $3,977,225.00) for the Rehabilitation of Equipment in LLPS at Filter Plant, Roof Replacement, to J. W. Danforth Company, C #93000724. Funding is available in Division of Water Account #53230806 445100, and an account to be named at a later date. PASSED AYES — 9 noes - 0 NO. 1441 PERMISSION TO INCREASE CONSTRUCTION CONTRACT J.W. DANFORTH COMPANY REHAB NO.4 PUMP AND MOTOR AT MASS STATION CONTRACT # 93001111 I hereby submit to your Honorable Body the following change for this contract. J.W. Danforth Company is the construction contractor for Rehabilitation No. 4 Pump and Motor at Massachusetts Ave. Pump Station. The additional work required for the rehabilitation of the pumps and motors includes replacing water cooling coil, replacing power factor field monitors and temperature monitoring panels, upgrades and modifications to associated electrical wiring and components, power shaft replacement, new discharge cone valve and pedestal, servicing of motor bearings, and other improvements to related systems. Contract Amount $1,007,850.00 This Change Order $119,400.00 Total $1,127,330.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $119,480.00. The funds will be available in Division of Water accounts to be named at a later date. The funds are available in Division of Water account 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated July 2, 2014, be received and filed; and That the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $119,480.00 (Original Contract Amount $1,007,850.00 + Change Order #1 $119,480.00 for a Revised Contract Amount of $1,127,330.00) for the rehabilitation of No. 4 Pump and Motor at the Massachusetts Ave. Pump Station, to J. W. Danforth Company, C #93001111. Funding is available in Division of Water Account #53230806 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1442 PERMISSION TO NEGOTIATE /ACQUIRE RIGHT OF WAY PARCELS NORTH BUFFALO RAILS- TO TRAILS PROJECT FHWA/NYSDOT PIN # 5756.83 UNIVERSITY DISTRICT Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to negotiate, acquire the necessary ROW parcels related to the subject project. All legal descriptions, maps and appraisals of two parcels that are requiring for the project has been prepared by our project consultant as follows: Property Address Property Owner Square Footage 108 Custer Street Mark V. Koehler 1084 66 Custer Street University Garden Apartments, L.P. 66 This is a federal funded project and City's share is 20% of the total costs. The funds are available in our Capital Accounts. The costs for these necessary ROW Parcels acquisition are not expected to exceed $ 25,000. 1 am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for the two parcels. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to negotiate and acquire the necessary right -of -way parcels related to the North Buffalo Rails -To- Trails Project; and hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or other such appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition and sign lease agreement by the City for the two parcels of land. All legal descriptions, maps and /or appraisals for the two parcels that are required for the project have been prepared by a project consultant as follows: Property Address Property Owner Square Footage 108 Custer Street Mark V. Koehler 1084 66 Custer Street University Garden Apartments, L.P. 66 This is a federally funded project and the City's share is 20% of the total costs. The funds for this project are available in Capital Accounts. PASSED AYES — 9 NOES - 0 NO. 1443 REPORT OF BIDS DUDLEY LIBRARY NEW ROOF JOB #1415 SOUTH DISTRICT I asked for on May 27, 2014, and received the following formal sealed bids for Dudley Library New Roof, which were publicly opened and read on July 1, 2014. Base Bid Jameson Roofing $275,000.00 Grove Roofing No Bid Weaver Metal & Roofing $258,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a Base Bid of $258,000.00, for a total bid of Two Hundred Fifty Eight Thousand and 00/100 Dollars ($258,000.00) 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 on the basis of the lowest responsible bids. Funding for this project is available in in Account No. 38329206 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 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, New Roof, with Weaver Metal & Roofing, with a base bid of $258,000.00. Funding for this project is available in the Account #38329206 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1444 REPORT OF BIDS ENGINE 26 NEW ROOF & DECK JOB #1417 SOUTH DISTRICT I asked for on May 27, 2014, and received the following formal sealed bids for Engine 25 New Roof & Deck, which were publicly opened and read on July 1, 2014. Jameson Roofing Grove Roofing Progressive Roofing Weaver Metal & Roofing Base Big Jameson Roofing $601,800.00 Grove Roofing $814,200.00 Progressive Roofing No Bid Weaver Metal & Roofing $514,900.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a Base Bid of $514,900.00, for a total bid of Five Hundred Fourteen Thousand Nine Hundred and 00/100 Dollars ($514,900.00) 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 in Account No. 35323206 445100 and 38210306 445100 - Buildings, and the 2014 Authorized Capital Improvement Program ($400,000.00); unissued waiting for account number. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 2, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1, in the amount of $1,400.00 (Original Contract Amount $92,470.00 + Change Order #1 $1,400.00 for a Revised Contract Amount of $93,870.00) for the Buffalo Fire Department, Engine #25, Roof Replacement, to Cannon Design, C #93001174. Funding is available in Account #35323106 4451000 - Buildings. PASSED AYES -9 NOES — 0 NO. 1446 REPORT OF BIDS ENGINE 2 NEW ROOF JOB #1416 FILLMORE DISTRICT I asked for on May 27, 2014, and received the following formal sealed bids for Engine 2 New Roof, which were publicly opened and read on July 1, 2014. Base Big Jameson Roofing $248,000.00 Grove Roofing $207,000.00 Progressive Roofing No Bid Weaver Metal & Roofing $198,000.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, with a Base Bid of $198,000.00, for a total bid of One Hundred Ninety Eight Thousand and 00/100 Dollars ($198,000.00) 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 on the basis of the lowest responsible bids. Funding for this project is available in in Account No. 35323206 445100 and 33320306 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 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 Engine 2, New Roof, with Weaver Metal & Roofing, with a base bid of $198,000.00. Funding for this project is available in the Account #35323206 445100 and 33320306 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 1446 REPORT OF BIDS ENGINE 37 NEW ROOF DRAIN JOB #1419 NIAGARA DISTRICT I asked for on May 27, 2014, and received the following formal sealed bids for Engine 37 New Roof Drain, which were publicly opened and read on July 1,2014. Base Bid Jameson Roofing $8,980.00 Grove Roofing $10,850.00 Progressive Roofing No Bid Weaver Metal & Roofing $12,900.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing, with a Base Bid of $8,980.00, for a total bid of Eight Thousand Nine Hundred Eighty and 00/100 Dollars ($8.980.00) 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 in Account NO. 35323206 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 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 Engine 37, New Roof Drain, with Jameson Roofing, with a base bid of $8,980.00. Funding for this project is available in the Account #35323206 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1447 REPORT OF BIDS ENGINE 26 NEW ROOF JOB #1418 NORTH DISTRICT I asked for on May 27, 2014, and received the following formal sealed bids for Engine 26 New Roof, which were publicly opened and read on July 1, 2014. Base Bid Jameson Roofing $268,000.00 Grove Roofing $198,900.00 Progressive Roofing No Bid Weaver Metal & Roofing $239,000.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a Base Bid of $198,900.00, for a total bid of One Hundred Ninety Eight Thousand Nine Hundred and 00/100 Dollars ($198,900.00) 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 in Account No. 35323206 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 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 Engine 26, New Roof, with Grove Roofing, with a base bid of $198,900.00. Funding for this project is available in the Account #35323206 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1448 SPCA ACCEPTING CARCASSES BROUGHT BY CITY OF BUFFALO SHELTER The SPCA accepts carcasses brought to them by the City of Buffalo Animal Shelter @ 15.00 per carcass for health & sanitation purposes. They are the sole provider for this service in our area. This is for the 2014- 2015 fiscal year. Erie County Society for the Prevention 205 Ensminger Rd Tonawanda NY 14150 Funding from: 52002606- 442100 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 June 26, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with the Erie County SPCA for acceptance of carcasses from the City of Buffalo Animal Shelter. Funds for this contract are available in Account #52002606- 442100. PASSED AYES — 9 NOES - 0 NO. 1449 APPOINT PRINCIPAL CHIEF STATIONARY ENGINEER(PROV)(MAX)(KEENAN) Appointment effective 06/23/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Principal Chief Stationary Engineer, Provisional at the Maximum Salary of $56,142 Timothy Keenan, 77 Carlyle Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1450 APPOINT SENIOR CLERK(PERM)((INTER)(FANELLI) Appointment effective 06/30/2014 in the Department of Public Works, Parks and Streets to the Position of Senior Clerk, Permanent at the Intermediate Salary of $33,268.00 Ceara Fanelli, 108 Rutland St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1461 APPOINT TRUCK DRIVE (PROV)(INTER)(IRLBACHER) Appointment effective 06/23/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Provisional at the Intermediate Salary of $ 24,341.00 David Irlbacher, 21 Ridgewood Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 1462 JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 10 ITEM #19, C.C.P. #13 06/26/13 The US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs (LLEBG). JAG served as the single funding mechanism for the administration of these grants and over the last nine (9) years. This year is the tenth (10 year of the JAG grant funding. This year, the City is partnering with the County of Erie as described below. This year the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and therefore we had to submit a JOINT application for the aggregate of funds allocated to this area. The award for this year (JAG Year i0 for 2014) has been decreased slightly (about 1 %, which is favorable as compared to last year's 12.3% decrease). This year's application was timely submitted June 10, 2014. The grant application requires process that Your Honorable Body be notified of the application. Further, the grant funding process requires approval by Your Honorable Body of the acceptance of the grant funds. The grant funding for this year that Your Honorable Body is being asked to formally accept totals $306,302 to each participating entity as follows: City of Buffalo: $295,583 County of Erie: $10,719 Any law enforcement or justice initiative previously eligible for funding under Local Law Enforcement Block Grant or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $104,500 which funds Save our Streets Program /Clean Street Sweeps and the Citizen Participation Academy; the Department of Community Services will receive a total of $ 55,200 and will direct these funds to continue with their two youth intervention /prevention programs: Code of Conduct and Anti Crime. The Buffalo Police funding will include $31,500 to continue partially funding the Juvenile Prosecutor in the District Attorney's Office and $104,383, which will augment dedicated overtime activities(gang suppression, large summer events, bike patrols, curfew, quality of life selected enforcement details and certain homeland security protection and homeland security overtime funding, and other directed enforcement activities). I am requesting that Your Honorable Body: the routine steps taken thus far with regard to the grant funding application for JAG year 10 for 2014, 2. Authorize the City of Buffalo's acceptance of the $306,302 in grant funding ($10,719 of which will be allocated and turned over directly to the County of Erie for utilization in secured dispatch systems and an additional $31,500 will also be turned over to the County of Erie to partially fund the Juvenile Prosecutor in the Erie County District Attorney's Office), 3. Authorize City of Buffalo and Police Department personnel to take such other steps and to enter into such agreements as are necessary or useful in facilitating the acceptance and utilization of the JAG year 10 2014 grant funding, and 4. Authorize the City of Buffalo to act as fiscal agent for the grant funding for fiscal management, reporting and compliance purposes. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated June 20, 2013, be received and filed; and That the Commissioner of Police be, and hereby is authorized on behalf of the City of Buffalo to accept a grant, totaling $306,302.00, from the Justice Assistance Grant (JAG) Program which will be distributed as follows: City of Buffalo - $295,583.00 and County of Erie - $10,719.00. PASSED AYES — 9 NOES - 0 NO. 1463 PERMISSION TO ACCEPT 2014 GUN INVOLVED VIOLENCE ELIMINATION GRANT ( "GIVE ")] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. Gun Involved Violence Elimination Grant (GIVE): This is a new grant whose premise is built on the successes of the previous NYS- funded Operation Impact Grant, which was part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo must engage in an active partnership with the District Attorney's Office, Erie County Probation, Erie County Sheriffs, and Central Police Services, all of whom are part of the $1.6 award to Western New York. Buffalo Police must work closely with the Erie Crime Analysis Center housed in Buffalo Police Headquarters as well as reach out to outside law enforcement partners including the New York State Police, FBI Safe Streets Task Force, Marshals' Violent Felony Task Force, Parole, and the US Attorney's Office. This new GIVE initiative will focus specifically on the reduction of shootings and homicides by using people, places, data and evidence -based approaches for determining strategies to reduce gun violence. The funding award will be utilized to continue funding a Crime Analyst Position (which was originally funded under IMPACT), overtime for enhancing field intelligence and improving Buffalo's homicide clearance rate by calling in extra Detectives who will help investigate every shooting City -wide as well as going after the identified top gun offenders, overtime funds to support intensive enforcement in the EI /E /2 sectors in the "E" District that has been identified as the City's hottest spot for shootings and murders (this grant does have the flexibility to move hotspots, if supported by data and discussed at the required monthly meeting attended by GIVE partners), equipment (high intensity LED /Smart Street lightening in EI /E2 sectors, portable radios to assist Peacemakers), travel for mandatory GIVE conferences, printing costs for brochures and public advertising for instructing the public of the proper and lawful process for disposing of a deceased family members gun, awareness that encourages the public to help their community by stopping gun violence through text a tip, calling BPD tip line, working with community activists for promoting if you see something, say something. If you should have any questions, please contact 1 stDeputy Commissioner Byron Lockwood, Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. The Buffalo Police Department is respectfully requesting that Your Honorable Body authorize the following: (1) For the City to accept funds, totaling $546,785, from the NYS Division of Criminal Justice Services as part of a new.State initiative: "GIVE -Gun Involved Violence Elimination" covering the grant period of 7/1/14 through 6/30/15; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $122,500) until such City reimbursements are secured by the funding source (NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the GIVE grant funding. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 27, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Police to accept grant funding in the amount of $546,785.00 from the New York State Division of Criminal Justice Services as part of a new State initiative, "GIVE: Gun Involved Violence Elimination ", covering the grant period July 1, 2014 through June 30, 2015; and That the Common Council hereby authorizes the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses, totaling $122,500.00, until such City reimbursements are secured by New York State; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the GIVE grant funding. PASSED AYES — 9 NOES - 0 NO. 1454 PERMISSION TO ACCEPT 2014 -2015 OPERATION PROTECT KIDS -YOUTH TOBACCO ENFORCEMENT The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. OPERATION PROTECT KIDS (Youth Tobacco Enforcement Grant) - The County continues to run this grant to coincide with the State's fiscal year, which will end on March 32, 2025. Under this renewal agreement, the County will reimburse the City of Buffalo a minimum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks will be conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco to minors. Another focus of this project has been to educate local business owners with licenses to sell tobacco products within the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, will be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 852 -4475. We are requesting authorization for the following: (1) For the City to accept funds from the County of Erie and for the Mayor to enter into an under a Memorandum of Understanding with the County of Erie Department of Health to reduce the availability of tobacco products to children; (2) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Operation Protect Kids grant funding. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 27, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Police to accept grant funds from the County of Erie for Operation Protect Kids, Youth Tobacco Enforcement Grant; and That the Common Council hereby authorizes the Mayor to enter into a Memorandum of Understanding with the County of Erie Department of Health to reduce the availability of tobacco products to children; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Operation Protect Kids grant funding. PASSED AYES — 9 NOES — 0 NO. 1455 PERMISSION TO ACCEPT 2014 STONEGARDEN FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. - OPERATION STONEGARDEN 2014: - Buffalo will receive reimbursement for no more than 510,000 in overtime hours and also, approximately 54,495 in equipment and fuel for our Underwater Recovery Waterside Team as our 2014 funding allotment. We will work with US Customs and Border Patrol for homeland protection as well as utilize these resources for our Underwater Recovery Team's efforts for patrolling Buffalo's waterways, especially near the Peace Bridge, and also, for security diving operations in our own community and when our dive team assists other agencies. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. We are requesting that your Honorable Body authorize the following: (1) For the City to accept funds and for the Mayor to enter into an agreement for a 24 -month period, the dates to be determined by New York State during 2015, for participating with the US Department of Customs and Border Patrol through the New York State Division of Homeland Security, under a Memorandum of Understanding with the County of Erie Sheriffs Department, to enhance border enforcement capabilities through marine roving patrol operations; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling approximately $4,495) until such reimbursements are secured by the funding source (NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Stonegarden grant funding. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 27, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Police to accept grant funds from the US Department of Customs and Border Patrol through the New York State Division of Homeland Security for overtime hours and fuel for the City's Underwater Recovery Waterside Team; and That the Common Council hereby authorizes the Mayor to enter into a Memorandum of Understanding with the County of Erie Sheriffs Department to enhance border enforcement capabilities through marine roving patrol operations; and that the Common Council hereby authorizes the City Comptroller to provide for an inter -fired cash loan for all non - personnel expenses, totaling approximately $4,495.00, until such reimbursements are secured by New York State; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Stonegarden grant funding. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1456 DOWNTOWN SPECIAL VENDING DISTRICT AMENDMENT REQUESTS TO AMEND VENDING SITE Pursuant to Chapter 316 "Street Vending in the Special Downtown Vending District "; (D) "In developing the master list, the Commissioner of Permit and Inspection Services shall consult with area merchants in front of whose establishment a site is proposed and shall consider their concerns ". Attached, for your review are letters from Buffalo Place Inc. and The HamiSter Group Inc. requesting that Downtown Vending Site #22 be removed from the current Downtown Special Vending District. The Department of Permit & Inspection Services does hereby submit the attached amendment request for whatever action your Honorable Body deems appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPNENT. NO. 1457 FOOD STORE (NEW) 663 EAST FERRY (MASTEN) 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 663 EAST FERRy (DOLLAR GENERAL STORE #14886.) 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. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 26, 2014, be received and filed; and 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 Dolgencorp of New York, Inc. dba Dollar General Store #14866 located at 663 East Ferry. Mr. Pridgen is Recused from the vote PASSED AYES — 8 NOES - 0 NO. 1458 FOOD STORE (NEW) 845 JEFFERSON (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 845 JEFFERSON (YAHYA SAEED MOHAMMED /MOH1 DDIN ABDULLA MUSAD /BIG BASHA BEAUTY.) 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. 1459 FOOD STORE (NEW) 500 ONTARIO (NORTH) 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 500 ONTARIO (ROJIN JASSIM /ONTARIO BEST VALUE.) 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. 1460 USED CAR DEALER 1350 BAILEY (LOVE JOY) 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 1350 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KEVIN DONOHUE The attached thereto for KEVIN DONOHUE /dba DAN'S AUTO SERVICE. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 25, 2014, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Kevin Donohue d /b /a Dan's Auto Service, located at 1350 Bailey. PASSED AYES — 9 NOES- 0 NO. 1461 SCRAP PROCESSOR 482 HOWARD (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 482 Howard and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor 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 Thomas Homme. The attached thereto for THOMAS HOMME d /b /a THOMAS HOMME CONTRACTING CORP. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1462 WHOLESALE JUNK DEALER 482 HOWARD (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 482 Howard and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk 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 THOMAS HOMME. The attached thereto for THOMAS HOMME d /b /a THOMAS HOMME CONTRACTING CORP... This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 1463 NOTICE OF INTENTION REQUESTING NAMING THE SHELTER HOUSE AT CAZENOVIA PARK "BOB WILLIAMS MEMORIAL SHELTER HOUSE (SCANLON)(C.C.P. #1416, JUNE 24, 2014) Per your Resolution, this is to advise you that a public hearing for the above item is set for Tuesday, July 22, 2014 at 2:00 pm in the Council Chambers and will be advertised in the Buffalo News on Friday July 11, 2014 and Friday July 18, 2014. RECEIVED AND FILED NO. 1464 ITEMS RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on June 10, 2014 No 1274 Application for Restricted Use Permit 75 W. Chippewa 6/6/14(Cty elk) No 1275 Application for Restricted Use Permit 75 W. Chippewa 6/20/14 (City Clk) No 1276 Application for Restricted Use Permit 75 W. Chippewa 6/19/14 (Cty Clk) No 1277 Application fur Restricted Use Permit 75 W.Chlppewa 6/26/14(Cty Clk) No 1278 Application for Restricted Use Permit 75 W. Chippewa 7/1014(Cry Clk) No 1279 Application for Restricted Use Permit 75 W. Chippewa 7/24/14(Cty Clk) No. 1306 Waiver of Disposal Fees for FY 2014- 15(Fontana) No. 1307 Waive Special Event Fees for Annual Blues Bash (Franczyk „LoCurto) No. 1309 Waive Bandshell Permit Fees for Discover Amherst St.(GolOmbek) No. 1310 Waive Special Event Application Fee for Garden Walk (Golombek) No. 1312 Waive Permit Fees for Dolphin Dash in Delaware Park (LoCurto) No. 1313 Waive Permit Fees Parkside Summer Arts Program (LoCurto) No. 1315 Waiver of Field Fee for BIREC World Refugee Day Soccer Tournament (Rivera) No. 1316 Waive Park Rental & Band Shell Wagon Fees for Masten Jazz Festival etc(Smith) No. 1317 Waive Park Rental & Event Fees for Jefferson Arts Festival (Smith) Was presented to the Mayor on June13, 2014 and returned to the City Clerk on June 20, 2014 without approval or disapproval RECEIVED AND FILED NO. 1465 ITEMS RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on June 24, 2014 No. 1409 Waive Fees for Houghton Academy #69 Year End Picnic No. 1411 Waive Special Event Permit Fee for George Washington Fishing and Camping Club Kids Fishing Derby No: 1413 Waiving Permit Fees for Annual Anti - Bullying Event in Delaware Park No. 1418 Waive Permit Fee for Highgate Heights Elemental 20 School's Pre -K Graduation Picnic Was presented to the Mayor on June 27, 2014 and returned to the City Clerk on July 2, 2014 without approval or disapproval RECEIVED AND FILED NO. 1466 CHICKEN LICENSE APPLICATION -515 DARTMOUTH Attached is the response from the Buffalo Animal Control Officer and letter of complaint regarding the Chicken License at 515 Dartmouth Ave. After inspection it was determined that the Property did not meet the criteria needed for a chicken license. As per Section 341 -11.4 this Chicken License application is before your Honorable Body for final determination whether or not the License shall be issued. Gerald A. Chwalinski City Clerk REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1467 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 334 Delaware Waiting Room Waiting Room 1341 Kensington Gentle Stop Lagaayette Washington RECEIVED AND FILED NO. 1468 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: Common Council -City Clerk Julia Paul Police- Howard Bookmiller, Linda McDonald, Kelly Gattuso RECEIVED AND FILED. NO. 1469 APPOINT SR. LEGISLATIVE ASSISTANT TO COUNCILMEMBER(MARKS Appointment Effective July 1, 2014 in the Department of Common Council, Division of Masten District to the Position of Sr. Legislative Assistant to Councilmember at the Flat Salary of $46,083.00 Tianna Marks, 74 Fernhill Ave, Buffalo, NY 14215 ADOPTED No. 1470 APPOINT LEGISLATIVE AIDE(BURKS, CHASE, JOHNSON, REYES) Appointment effective July 1, 2014 in the Department of Common Council, Division of City Clerk to the Position of Legislative Aide at the Flat Salary of $36,242.00 Tashares Burks, 63 Thorton Ave, Buffalo, NY 14215 Roxanne Chase, 35 Fillmore Ave, Buffalo, NY 14210 Denise Johnson, 1 St. Louis Place, Buffalo, NY 14202 Luis A, Reyes,70 Fuller St, Buffalo, NY 14207 ADOPTED NO. 1471 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective June 30, 2014 in the Department of Common Council, Division of City Clerk to the Position of Inter VI at the flat salary of $10.00 per hr Tyree J. Parker, 351 Northumberland, Buffalo, NY 14215 NO.1472 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 06/26/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Seasonal at the Flat Salary of $12.66/hr Delano Fabor, 34 Keystone St, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 06/27/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the Flat Salary of $12.66/hr Patrick Boechel, 43 Rutland St, Buffalo, NY 14220 Gary Wiglusz, 988 Lafayette, Buffalo, NY 14209 Kevin Shea, 90 Folger St, Buffalo, NY 14220 Patrick Sullivan, 149 Colgate Ave, Buffalo, NY 14220 Michael Nasca, 52 Lovering Ave, Buffalo, NY 14216 Matthew Merkle, 146 Downing Ave, Buffalo, NY 14220 Mark Barrett, 126 Hollywood, Buffalo, NY 14220 Daniel Dublino Jr, 30 Ridgewood, Buffalo, NY 14220 Colin Hartman, 42 Junior Ave, Buffalo, NY 14210 Anthony Galvin, 79 Marine Dr. #8E, Buffalo, NY 14202 Alexander Hernandez, 178 Riverside, Buffalo, NY 14207 Rylie Gallivan, 814 Richmond Ave, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the Flat Salary of $12.66/hr Carl E. Jones Jr, 28 A. Camelot Ct, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the Flat Salary of $12.66/hr Kali Zuppinger, 51 Eaglewood, Buffalo, NY 14220 Alexander Zarbo, 8 Magnolia Ave, Buffalo, NY 14220 Zachary Ortiz, 185 Columbus Ave, Buffalo, NY 14220 Kathleen Scherer, 55 Kenefick Ave, Buffalo, NY 14220 Jael Johnson, 80 Janice St, Buffalo, NY 14207 Jeremiah Horrigan, 60 Whitehall, Buffalo, NY 14220 James Hynes, 76 Shenandoah, Buffalo, NY 14220 Victoria D'Amaro, 525 Auburn Ave, Buffalo, NY 14222 Jillian Harris, 197 Fenton St, Buffalo, NY 14206 Andrew Christensen, 42 Mayer Ave, Buffalo, NY 14207 Nathaniel Cole, 395 Hoyt St, Buffalo, NY 14213 Hannah Annunziata, 84 Shenandoah, Buffalo, NY 14220 Dylan Carbone, 212 Geary St, Buffalo, NY 14210 Cindy Mierzwa, 131 Ladner Ave, Buffalo, NY 14220\ Greta Rizzo, 150 Goethe, Buffalo, NY 14206 Brianne Grochala, 337 Eden St, Buffalo, NY 14220 Maura McMahon, 49 Turner Ave, Buffalo, NY 14220 Joseph Ferguson, 67 E. Morris Ave, Buffalo, NY 14214 James Gallivan, 230 Tacoma Ave, Buffalo, NY 14216 Natassia West, 30 Humber, Buffalo, NY 14215 Jillian Casey, 27 Evelyn St, Buffalo, NY 14207 David Battel, 64 Fuller St, Buffalo, NY 14207 David Hulett, 163 Healey PI, Buffalo, NY 14208 Brazil Thompson, 55 Colfax Ave, Buffalo, NY 14207 Joshua Aponte, 869 Prospect Ave, Buffalo, NY 14213 Amanda Leney, 160 Dundee St, Buffalo, NY 14220 Caitlyn Miller, 373 Eden St, Buffalo, NY 14220 Milagro Herrer, 270 Breckenridge, Buffalo, NY 14213 Evan Hughes, 49 Wellington St, Buffalo, NY 14216 Kevin Cully, 92 Shenandoah Rd, Buffalo, NY 14220 Ariana Gonzalez, 80 Page St, Buffalo, NY 14207 Emmett O'Neill, 121 Ridgewood Rd, Buffalo, NY 14220 Vanesa Elder, 40 Revere PI, Buffalo, NY 14214 Treykel McGee, 425 Parker, Buffalo, NY 14216 Meegan Petrucci, 89 Red Jacket Pkwy, Buffalo, NY 14220 Tyler Hayden, 37 Ridegwood Ave, Buffalo, NY 14220 Zachary Isch, 317 Woodside Ave, Buffalo, NY 14220 Conor Gilson, 188 Tuscarora Rd, Buffalo, NY 14220 Nicholas Conklin, 401 Eden St, Buffalo, NY 14220 Timothy Ryan, 182 McKinley Pkwy, Buffalo, NY 14220 Neil J. Keane Jr, 62 Hansen Ave, Buffalo, NY 14220 Jordan Jeffries, 218 Comstock, Buffalo, NY 14215 Craig Herndon, 215 Brunswick, Buffalo, NY 14208 Aidan Gould, 3 Willink, Buffalo, NY 14210 Flannan Gould, 3 Willink, Buffalo, NY 14210 MacKenzie Zakowski, 70 Good Ave, Buffalo, NY 14220 Christian Leal, 99 Albert Ave, Buffalo, NY 14207 September Williams, 1325 Main St, Apt. 217, Buffalo, NY 14209 Julie Wozniak, 5 Wildwood PI, Buffalo, NY 14210 Shaquelle Walker, 235 Schuele, Buffalo, NY 14215 Carol Ann Walter, 92 Linden Ave, Buffalo, NY 14214 Elizabeth Stanizewski, 128 Normal Ave, Buffalo, NY 14210 Jamir Walker, 235 Schuele, Buffalo, NY 14215 Luis Soto III, 1223 West St, Buffalo, NY 14213 Lidia Stampone, 281 Abby St, Buffalo, NY 14210 Maragaret Scherer, 55 Kenefick Ave, Buffalo, NY 14220 Elijah Serrano, 548 Plymouth Ave, Buffalo, NY 14213 Linorah Rodreiguez, 99 Seymour St, Buffalo, NY 14210 Alexander Sanchez, 79 Marine Dr. 8E, Buffalo, NY 14202 Shane Palistrant, 25 Mayer Ave, Buffalo, NY 14207 Savanna Pereyra, 175 Normal Ave, Buffalo, NY 14213 Sean Overdorf, 122 Turner Ave, Buffalo, NY 14220 Cristal Pacheco, 337 Davey St, Buffalo, NY 14206 Brandon Nieves, 38 Plymouth Ave, Buffalo, NY 14201 D'Andre Nicholas, 8 W. Cleveland Dr, Buffalo, NY 14215 Megan Morcio, 102 S. Pierce St, Buffalo, NY 14206 Justine Myke, 39 Helen St, Buffalo, NY 14213 Kristen McMahon, 112 Elgas St, Buffalo, NY 14207 McKenzie McMahon, 40 Kenefick St, Buffalo, NY 14220 Nathan Klein, 37 Rounds Ave, Buffalo, NY 14215 Kristen Lemke, 42 Minton St, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the Flat Salary of $12.66/hr Brittany Jaeckle, 308 Esser Ave, Buffalo, NY 14207 Joshua Koester, 147 Royal Ave, Buffalo, NY 14207 Aniesa Elbaneh, 391 Machinaw, Buffalo, NY 14210 Alex Hernandez, 178 Riverside, Buffalo, NY 14207 Peter DeJesus, 99 Albert Ave, Buffalo, NY 14207 Olivia Dugan, 144 Collidge Rd, Buffalo, NY 14220 Madeleine Burns, 58 Arlington PI, Buffalo, NY 14201 Christopher Capone, 187 Weimer St, Buffalo, NY 14206 Nicholas Bokowski, 76 Fredro St, Buffalo, NY 14206 Connor Budzinski, 153 Indian Church Rd, Buffalo, NY 14210 Noah Atkisson, 52 Cazanovia St, Buffalo, NY 14220 Ashley Barca, 25 Barnard St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguard, Seasonal at the Flat Salary of $12.66/hr Justin Blake, 62 Whitefield Ave, Buffalo, NY 14220 Chelsea Gabamonte, 134 Military Rd, Buffalo, NY 14207 Otuken Gildo, 38 Paige St, Buffalo, NY 14207 Emma Hartman, 169 Como Ave, Buffalo, NY 14220 Danielle Polniak, 201 South Ogden, Buffalo, NY 14206 Eduvijez Sanchez, 79 Hampshire St, Buffalo, NY 14213 Brett Anderon, 149 Montrose Ave, Buffalo, NY 14214 Janel Anthony, 189 Winspear Ave, Buffalo, NY 14215 Kathleen Batttel, 64 Fuller St, Buffalo, NY 14207 Daniel Clark, 224 Saranac Ave, Buffalo, NY 14216 Ahmed Elbaneh Jr, 391 Mackinaw, Buffalo, NY 14210 David Gyzl, 157 Longnecker, Buffalo, NY 14206 Brenda LaBorgne, 26 Argus St, Buffalo, NY 14207 Edgar Rodriguez, 26 Argus St, Buffalo, NY 14207 Jessica Tunis, 104 Fillmore Ave, Buffalo, NY 14210 James Wozniak, 5 Wildwood PI, Buffalo, NY 14210 Domonique Brown, 144 Durham Ave, Buffalo, NY 14215 Nicholas Jordon, 25 Mapleridge Ave, Buffalo, NY 14215 Liana Rodriguez, 544 Tonawanda St, Buffalo, NY 14207 Antonio Cicelske, 321 Auburn Ave, Buffalo, Ny 14213 Katherine Ryan, 182 McKinley Pkwy, Buffalo, NY 14220 Joshua McMahon, 1061 Tonawanda St, Buffalo, NY 14207 Christpher Petrella, 1108 Amherst St, Buffalo, NY 14214 Shaun Woods, 164 Camden Ave, Buffalo, NY 14216 NO. 1473 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 06/27/2014 in the Department of Permit and Inspection Services to the position of Building Inspector, Permanent at the minimum salary of $33,304.00 Thomas Carter, 204 Mariemont Ave, Buffalo, NY 14220 Edward Pullagar, Jr, 272 Englewood Ave, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Laborer 11, Temporary at the Minimum Salary of $23,553 Wiliiam A. Stief, 11, 2 Olga Place, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Meter Reader, Permanent at the Minimum Salary of $23,553 Kevin Skinner, 150 Wilkes Ave, Buffalo, NY 14215 Bao Mai, 188 Columbus Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Senior Engineer, Permanent at the Minimum Salary of $55,885.00 Thomas Duk, 56 Shenadoah Rd, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 06/26/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker, Permanent at the Minimum Salary of $23,553 Daniel Dixson, 75 Comstock Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Meter Mechanic, Temporary at the Minimum Salary of $24,184 Christopher Macri, 5 Dallas Rd, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 06/30/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Meter Mechanic, Provisional at the Minimum Salary of $24,184 Christian Ahr, 313 Weimer St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2014 in the Department of Police, Division of Administration and Communication to the Position of Cell Block Attendant, Permanent at the minimum salary of $25,283.00 Ryan T. Covell, 25 Polish Place, Buffalo, NY 14210 Christopher E. Scott, 206 marine Drive, Apt# 28, Buffalo, NY 14202 Jeanette Priester, 136 Kilhoffer St, Buffalo, NY 14211 Mario D. Jemison, 408 Wyoming Ave, Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1474 D. BASTIAN -LYFT DRIVER TAX FAQ Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1475 D. BASTIAN -LYFT DRIVERS TERMS OF SERVICE Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1476 D. BASTIAN -LYFT DRIVERS NEEDED - Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1477 D. BASTIAN -LYFT DRIVERS HOW DO I HANDLE TAXES Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1478 B. YUNKE- LIABILITY COVERAGE SECTION - PREFERRED MUTUAL Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1479 B. YUNKE- RIDESHARING, TRANSPORTATION SERVICES AND INSURANCE By Ted A. Kinney, CIC, CPCU, ARM, AAI Kinney Training & Consulting, LLC The economic recovery has been very slow for the past few years. Although the unemployment rate is improving, millions of people are still out of work. While many have found part -time employment, others have stopped looking for work, and many of those who are working are seeing a reduction in their take -home pay. Due to the economic conditions, folks are looking for untraditional sources of income, either to supplement current income or to provide entirely new income. Owners of automobiles are finding ways to earn extra income by allowing others to rent their vehicles while they are not being used or offering "pay- for - ride" services. Vehicle sharing programs or ridesharing peer -to -peer networks are growing rapidly. Companies such as Rideshare, Lyft, Uber, RelayRides, FlightCar, and Zimride operate throughout the country. These companies offer transportation services through smart phone apps to connect vehicle owners looking to make some money off their cars to operators or passengers who need a vehicle to use or someone to drive them somewhere. There are also hundreds of peer -to -peer vehicle sharing networks operating on the Web and around the country. According to an article published by the Massachusetts Association of Insurance Agents, "These types of vehicle sharing programs are likely to get much larger and much more common before their full effect becomes clear. But venture capitalists are not waiting. Uber raised $258 million from Google Ventures and Lyft raised $60 million from another venture firm as well as selling Enterprise Rent -A -Car, its Zimride service, for an undisclosed price." Two types of services exist. In one type, such as Sprideshare or Relayrides, the vehicle owner rents his or her vehicle to others when the vehicle is not in use. In the second type, the vehicle owner actually provides transportation services in exchange for a "donation." These services are provided through a platform provided by the Transportation Networking Company (TNC), such as Uber or Lyft. The platform allows the driver to be connected to a potential rider through his or her iPhone, iPad or Droid. The company is not a transportation company. It only provides a network so that drivers and riders can be connected. The complex insurance issues How are these services covered by traditional Personal Auto Policies? The answer may be "they're not." Many non -ISO policies exclude vehicles while rented to others, although the ISO Personal Auto Policy does not have such an exclusion. Due to the lack of a rental exclusion, insurers using the ISO form are concerned about this new exposure because the ISO form provides coverage for anyone using "your covered auto." To address this concern, ISO introduced a new exclusion endorsement in Oct. 2013. The endorsement is PP 23 16 10 13 Personal Vehicle Sharing Program Exclusion Endorsement. The exclusion applies to all of the PAP coverage (liability, medical payments, uninsured /underinsured motorist and physical damage) while the covered auto is enrolled in a personal vehicle sharing program under the terms of a written agreement; and being used in connection with such personal vehicle sharing program by anyone other than you or any "family member." While this exclusion applies to an operator other than you or a "family member," it would impact physical damage coverage while the vehicle is being operated by the renter. It is very probable that an insurance company would non -renew a policy if it became aware that the vehicle was being rented, or it might add a'vehicle rented to others" exclusion. How would the Personal Auto Policy respond to using the vehicle to transport others for a "donation ?" Would the vehicle be a "public or livery conveyance ?" All sections of the ISO Personal Auto Policy exclude coverage while a vehicle is being used as a public or livery conveyance. There is an exception for a share - the - expense car pool. The term public or livery conveyance" is not defined by the policy. The term livery conveyance refers to the transporting of people or goods for hire. It includes conveyance by taxi service, motor carrier or delivery service. The term "livery conveyance means a vehicle used indiscriminately in transporting the public and not limited to certain persons and particular occasions or governed by special terms. [Stanley v. American Motorists Ins. Co., 195 Md. 180, 186 (Md. 1950)] Based on this definition, holding a vehicle out to the public to haul others for a fee would constitute "public or " livery use. This exclusion appears in every coverage part of the ISO Personal Auto Policy. Not only would a carrier exclude coverage for this exposure, it would probably set the policy up for non - renewal as well. They just aren't getting the rate for this exposure. According to Robert Passmore, senior director of personal lines policy at the Property- Casualty Insurers Association of America, "These TNCs are realty a commercial endeavor. TNCs give strangers rides for a fee, and the drivers are getting paid. That would generally trigger the livery exclusion." Some policies do not use the public or livery conveyance wording. Some exclude carrying people or property for a fee. Others exclude "receiving compensation for transporting people or property." These exclusions are broader than the "public or livery" exclusion. For example, coverage would be excluded any time an insured receives a fee for using the vehicle, such as for pizza delivery. What is in the driver's agreement? Using the Lyft Terms of Service, let's see the agreement the driver enters into. The terms make it clear that Lyft does not provide transportation services, and Lyft is not a transportation carrier. It is up to the driver or vehicle operator to decide whether or not to offer a ride to a rider contacted through the Lyft platform." Lyft has an insurance policy that provides drivers excess liability insurance up to $1 million per occurrence. The policy offers protection over a driver's existing insurance while such driver is transporting riders on a trip arranged through the Lyft Platform. The coverage is limited to liability only, not collision, comprehensive or wear and tear damage. Since this is excess insurance, do the limits "drop down" if the driver does not have insurance, or is the driver responsible for all losses below the excess limit? Is the coverage provided while the driver is on the way to pick up a rider or after the rider is dropped off? The driver is solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle the driver uses to transport riders, including but not limited to personal injuries, death and property damages. What type of policy would cover "any and all ability" — The driver agrees to indemnify and hold Lyft, its officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of the driver's use of the service, including: 1. The breach of the agreement 2. The violation of any law or the rights of a third party 3. Any allegation that materials submitted or transmitted by the driver violate the copyright, trade mark, trade secret or other intellectual property 4. The ownership, use or operation of a motor vehicle 5. Any other activities in connection with the service The Indemnity is applicable without regard to the negligence of any party, including any indemnified person. Would a typical Personal Auto Policy cover this contractual assumption? The driver and Lyft are independent contractors, and no agency, partnership, joint venture, employee - employer or franchisor - franchisee relationship is intended or created by the agreement. The driver would be responsible for any self - employment tax or other taxes related to the business. The driver should also obtain a CGL policy and workers compensation coverage. Since operating a vehicle for public transportation is subject to special licensing and other regulations, any fines or penalties for violating the regulations would be borne by the driver. Also the driver would bear any expense to comply with the regulations. Since the Personal Auto Policy excludes the exposure, the driver would need to purchase business auto coverage, which could cost $1,000 per month or more. A TNC addresses gaps in coverage Recognizing the serious gap in coverage, Transportation Network Company Uber, began offering new driver coverage as of March 14, 2014. An article in San Francisco Bay Guardian OnLine provided background on the change. "Transportation Network Companies, more commonly known as ' rideshares,' have operated in legal limbo regarding their insurance since their creation. This came to a head on New Year's Eve with the death of six - year -old Sofia Liu, who was killed in a collision with an Uber car driven by a man named Syed Muzzafar. Uber claimed in a blog post that because Muzzafar was not ferrying a passenger at the time and only using the app to search for fares, that he was not officially covered by their Insurance. It was an insurance gap that left the driver on the hook for the death of a little girl and the injuries of her family. San Francisco Municipal Transit Agency Taxi Director Christiane Hayashi estimated the lawsuit to be at around $20 million, based on her experience. No amount has been specified by either party as of yet, but so far Uber has not compensated the family for Liu's death. Now it seems there's a glimmer of hope that future collisions may be covered. As Uber wrote on their blog March 14, 2014: "In order to fully address any ambiguity or uncertainty around insurance coverage for ridesharing services, Uber is becoming the first and only company to have a policy in place that expands the Insurance of ridesharing drivers to cover any potential 'insurance gap' for accidents that occur while drivers are not providing transportation service for hire but are logged onto the Uber network and available to accept a ride." The policy will cover $50,000 /individual /incident for bodily injury, $100,000 total /incident for bodily injury and $25,000 /incident for property damage, according to their blog post. The blog specifies that the money Will not kick in if a driver's personal insurance covers a collision. When we contacted Uber's spokesperson, Andrew Noyes, to offer proof of this, he declined. Uber has also promised insurance coverage before, in the form of their $1 million policy. But still, many pedestrians and passengers, like Claire Fahrbach, have filed suit with the company when Uber declined to pay for their medical coverage. Fahrbach was walking down Divisadero when an Uber car hit a fire hydrant, sending it flying into her. Her injuries were substantial, and she had to quit her two jobs. She immediately left San Francisco to live with her parents for financial and medical support. Her hospital bills are steep, and she is currently tangled in a lawsuit with Uber. When we asked Noyes if the new policy agreements would allow Uber to pay out insurance to the many injured passengers and pedestrians suing Uber for coverage, Noyes would only speak off the record. But in case you're wondering, it all basically amounted to "no comment." Uber's lack of coverage extends well beyond Fahrbach and her injuries, with drivers nationally left uninsured to various degrees. Popular car insurance provider Esurance wrote about this on its blog Feb. 17, 2014: "Though TNCs are now required to carry $1 million in liability insurance, this coverage is designed to protect riders and pedestrians and pay for damages to other vehicles. The policy doesn't have to cover the driver's car or the driver's injuries (and it doesn't kick in at all unless the TNC driver is found at fault). And because of the livery exclusion, the driver's standard personal insurance likely won't cover accidents either So, instead of adding to their income, the TNC driver could be left holding the bag. Though we can't speak for all insurance companies, the livery exclusion is pretty universal. According to our definitions of coverage, TNC drivers would need commercial insurance since a personal auto policy through Esurance doesn't cover both personal and commercial use of a vehicle. In all states except California, we're unable to offer a standard policy to TNC drivers. And in California, the driver's standard coverage doesn't apply during a ride -share trip. Notably, a coalition of rideshares, including Lyft and Sidecar and a handful of insurance companies, banded together to develop new insurance policies. The group's work is ongoing, though the intent looks positive -- new insurance policies specific to Transportation Network Companies developed by a coalition of industries would be a great step for driver, passenger and pedestrians alike. But for now, commercial and personal insurance policies rarely, if ever, cover TNC drivers. And Uber's new insurance? It's great, as long as Uber follows through. ODI creates consumer alert about TNCs Concerned about this new exposure, Ohio Department of Insurance (ODI), issued the following consumer alert on April 16, 2013. CONSUMER ALERT: Transportation Networking Companies (TNC) Insurance Gaps May Exist for TNC Drivers and Passengers COLUMBUS - Ohio Lieutenant Governor and Insurance Director Mary Taylor has issued a consumer alert to highlight potential insurance implications for Ohio drivers participating in transportation networking company (TNC) services TNCs are companies that offer transportation services for a fee using an online method or an application (such as smartphone apps) to connect potential passengers to drivers using their personal vehicles. Ohioans considering these types of services should weigh all factors including any coverage gaps that may exist," Taylor said. "While the driver may have insurance, his or her policy may or may not provide all the coverage needed should an accident occur." The Ohio Department of Insurance wants Ohioans to be aware of the insurance gaps that may exist for TNC drivers and passengers. Most personal auto insurance policies contain exclusions when a person uses their personal vehicle for commercial purposes; such as carrying a person for a fee. Personal automobile insurance is not intended to cover people who are using their vehicles for commercial purposes. While TNCs may provide liability insurance, they may not provide medical payments coverage, comprehensive, collision, uninsured and underinsured motorist (UM /UIM) coverage, or other types of coverage to fully protect TNC drivers and passengers. If you are a driver considering employment with a TNC, Taylor offers these tips: • Review your personal auto insurance policy and the TNC program's insurance policy. • Contact your agent, broker or insurance company about potential gaps in your personal automobile or the TNCs' policy. • Consider buying a commercial automobile insurance policy that includes coverage for bodily injury or property damage to you and others, and /or for damage caused by an uninsured or underinsured motorist while you are driving passengers for payment. if you have additional questions regarding your coverage as a TNC driver, call the Ohio Department of Insurance consumer hotline at 1- 800 -686- 1526 for assistance. Insurance information is available at www.insurance.ohio.gov. For the latest insurance information, you can follow the Department on twitter @OHlnsurance and on Facebook at yvwvv. facebook .com /OhioDepartmentoflnsurance. Agents who want to be proactive can send a copy of the ODI alert to personal auto customers to warn them of the risks and potential consequences Ridesharing is in the news daily, with continuous new developments that have the potential to impact established industries such as taxi, limo services and car rental companies. Also, with more people sharing cars, there will be fewer cars to insure. This could reduce the size of the auto insurance market because more cars being shared means fewer cars being insured. The times, they are a changing and the industry will have to change with them. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1480 BUFFALO WATER BOARD REPORT -MAY 2014 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1481 DR. W. KRESEZES- COMMENTS FOR COMMITTEE ON EDUCATIONS I want to commend Chairman Demone Smith for his leadership in addressing the need for rapidly and dramatically improving student outcomes in our schools, The more years I spend in public education the more convinced I become that solutions to our challenges don't need to be so complicated. We must admit that, as an institution, public school district leaders do not have all the answers. Every time I talk to teachers, principals, parents, and students at schools I receive more common sense in five minutes about how to improve schools than I have in a year of conferences or administrative meetings. In just 2 weeks in this position as your temporary superintendent, I am convinced that we must explore fresh ideas that will liberate our schools from the fossilized, hardheaded, top -down oppression that we have imposed on teachers, parents, and principals for decades. At the very least, these ideas include Class sizes of no more than 20 students - -no matter what anybody says - -too many students in a classroom is irresponsible and is a formula for failure Increased art, music, and physical education classes in all grade levels, because children are people first and need the inspiration and motivation from these opportunities so they can't imagine missing a day school More counselors so that no child will ever be without a caring adult in their life at school Parents and teachers working together to govern schools and face challenges together. A parent leader assigned to every classroom so that families can be mobilized to help teachers and meet the needs of students. And collaboration, real collaboration, meaning if there is a challenge at a school, parents, teachers, and administrators start from scratch to solve those problems together - -not apart. An interest -based high school for every child with a skill or academic focus that the student actually wants in their life- -not a muddle of courses and requirements that are boring and are only about the grand finale of a test score. We can do better - -much better and to me it is much more simple than state of federal governments suggest. I've listened to parents, teachers, principals, and students and they're telling me it's much simpler. I applaud the efforts of everyone here tonight — please continue to the status quo. And we must continue dialogue. Thank you Mr. Chairman. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1482 M. LOCURTO - WORKER -OWNED CO -OPS GET $1 MILLION IN NYC SPENDING Please file the attached item for further discussion at the next Common Council session to be held on July 8, 2014. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto New York City's budget for the 1025 fiscal year includes a new item that supporters of a fairer economy will want to celebrate: $1.2 million set aside for the development of worker -owned cooperative businesses. "Support shows that they understand cooperatives can be a viable tool for economic development that creates real opportunity." The spending is a small fraction of the $75 billion budget, which the City Council approved on June 26. But, according to a statement by U.S. Federation of Worker Cooperatives, it's the largest investment in the sector ever made by a city government in the United States. Cooperative businesses are both owned and operated by employees. They focus on maximizing value for all their members as well as creating fair and quality jobs. "This is a great step forward for worker cooperatives," Melissa Hoover, executive director of the U.S. Federation of Workers Cooperatives, said in a press release. According to Hoover the co -op funding received widespread support from city council members, which "shows that they understand cooperatives can be a viable tool for economic development that creates real opportunity." Here's how the city's newly adopted budget describes the program: Funding will support the creation of 234 jobs in worker cooperative businesses by coordinating education and training resources and by providing technical, legal and financial assistance. The initiative will fund a comprehensive citywide effort to reach 920 cooperative entrepreneurs, provide for the start -up of 28 new worker cooperative small businesses and assists another 20 existing cooperatives. "A healthy local government's budget is balanced, transparent, responsive, and inclusive," reads the opening statement of the 2015 Budget Summery. A healthy business runs quite the same way, and armed with this funding New York City worker -owned co -ops are set up to prove it. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1483 D. PRIDGEN -R. MURRAY -EC INDUSTRIAL DEV AGENCY DEQR- 204 -216 FRANKLIN Erie County Industrial Development Agency Curtiss Buffalo, Inc. (the "Company "_ Project Address: 204 -216 Franklin Street, Buffalo, NY State Environmental Quality Review Notice of Issuance of a SEQRA Negative Declaration Dear Common Council President Pridgen: Enclosed is the resolution of the Erie County Industrial Development Agency dated June 18, 2014, issuing a Negative Declaration for the Curtiss Building Project ( "the Project ") in accordance with Article 8 of the New York Environmental Conservation Law and 6 N.Y.C.R.R. § 617.1 et seq. along with a notice of negative declaration for the Project. You may review a copy of the documents associated with the negative declaration at the offices of the Erie County industrial Development Agency (the "Agency "), 95 Perry Street, Suite 403, Buffalo, New York. Please contact Ms. Karen Fiala, Assistant Treasurer of the Agency, with any questions or if you require any additional information concerning the above - referenced Project and Negative Declaration at 716 - 865 -6525. Very truly yours, Robert G. Murray REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1484 D. SMITH -STUDY OF CITY TAKE OVER SCHOOLS SHOULDN'T BE ALLOWED TO DERAIL PROGRESS Any Study of City Takeover of Schools Shouldn't Be Allowed to Derail Progress Buffalo News June 26, 2014 We agree with those calling on Buffalo's Common Council to explore a city takeover of the school district. Given the district's long -term problems and the city's financial obligation to the district, it is important to look into this possibility. But exploration, at least for the moment, is as far as the Council should go. It should investigate the benefits and risks of the city taking a larger role in the district, but it should do so recognizing that positive things seem to be happening in the district, and more may soon occur. City leaders should be wary of drastic changes that could easily set the district back as push it forward, as Mayoral control has been discussed as a possible solution to the school district's ongoing problems. After years of distancing himself from the issue, Mayor Byron W. Brown, himself, raised the possibility earlier this year. In New York City, former Mayor Michael Bloomberg took control of the school district, with some benefits. An expanded city role or even an outright takeover might help here, as well, but with some signs of progress reported and others possibly in the offing, this isn't the time to jump. It's the time to prepare. Most obviously, the district's graduation rate jumped a startling 8 percentage points between 2012 and 2013, according to new, though unaudited, state statistics. Whether that was the result of the efforts of former Superintendent Pamela C. Brown or the efforts Of Say Yes to Education, which include the guarantee of a free college education for graduates, or some combination of factors, the plain fact is that something good seems to have happened in the district. Thus, the question: Would city control of the district disrupt whatever forces are responsible for that hopeful change? We don't know, but it's better to find out first. In addition, the newly elected members of the Buffalo School Board offer the strong possibility of better leadership, as does the change in superintendent. On July 1, two new board members will take their seats - Larry Quinn, who comes with a stockpile of ideas for improving the performance of city schools, and Patti Bowers Pierce, who is also passionate about the schools. Their ideas, together with those of the board's other reformers, also make this a moment to see what happens before taking drastic action. None of which is to say that some form of city control may not be called for. That is why it would be wise for the Common Council and mayor to explore those issues now, carefully and openly. That way, if the graduation rate doesn't continue to climb - or worse, if it regresses - or if the district's new leadership doesn't make the difference that many believe it will, the city will have a clear idea of the costs and benefits of city control and whether, in the end, that significant change is worth making. And in that evaluation effort, here is a good starting place: The city already has a significant financial stake in the district, providing about $70 million, or 9 percent, of the district's annual budget. For that kind of money, city taxpayers deserve some kind of seat at what is a very expensive and important table. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1485 D. SMITH -LAMAR ADV- CONCERNS GREEN CODE IN REGARDS TO BILLBOARDS Dear Mr. Smith In the proposed Green code with regards to non - accessary (billboards) signs, the proposed changes are onerous to Lamar, is it would greatly impede the replacement of oar structures as development takes place but also as the city evolves and changes, we are not allowed to evolve as well. Lamar's revenue stream is approximately 84% local business, from the attorneys, health care systems, to the pizza shops, churches, rooters and contractors, etc. The four (4) zones Lamar would be permitted would not be allow the local customers to reach there their target audiences. The four (4) zones where billboards are allowed are the D1 L (light industrial) D1 H (Heavy Industrial) DRC (Retail Center) and DRS (Retail Strip), the retail zonings are very small. Looking at the new map and the industrial zones have very few traveled streets. 1) Lamar is proposing that it also be allowed in the following zones: N1 (Urban Core) N1 E (Downtown Edge) N1 S (Secondary Employment Center) N2P (Urban Center) NSP (Urban General Neighborhood) The addition of these zones would allow Lamar to be able to replace structures lost through development, ere on the streets where it already exists (Bailey, South Park, Jefferson, Fillmore, etc) and be able to evolve as the city evolves. 2.) That our digital billboards be governed under the regulations of the FHWA and NYS DOT. 3.) That no billboard be allowed within 200' of a residential neighborhood should the billboard be facing that neighborhood. 4.) 672 sq' be the maximum allowed sign. Allowed all other aspects of the Green Code (spacing, height, etc are fine). As I have communicated in the past Lamar has been a reputable citizen committing space to no- profits, community message and issues that are important to the community (gun buy backs, FBI and Erie County Sheriffs announcements, Amber Alerts, Etc. Lamar also since 1997 has removed voluntarily 200 6x12 panels and approximately 250 12x25 poster faces in the city. Lastly, Lamar wants to be part of the resurgence and vibrancy of the city, just as you see when you travel to Toronto, New York, or other cities and say "Why can't we have that here ", Lets have it here! Should you wish additional information or if Lamar can be of any assistance in this matter, please contact Rick Dvorak or Robert Harper at 716 -852- 5791. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 1486 F. YANG, AGENT, USE 2042 SOUTH PARK TO RE- ESTABLISH USE OF RESTAURANT IN THE SOUTH PARK SPECIAL DISTRICT (HRG 7 /15)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1487 K. MACKIEWICZ, OWNER, USE 191 ALLEN TO CREATE AN ADDITIONAL PATIO AREA (HRG 07 /15)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1488 APPOINT ASSISTANT AUDITOR (PERM)(!NTER)(BLAKE)(COMPT) CCP# 1331 14 -0624 Mr. Wyatt moved: That Communication 1331 of June 24, 2014, be received and filed and that the Permanent Appointment of Meghan E. Blake, 62 Whitfield Avenue, Buffalo, NY 14220 at the Intermediate Salary of $39,688.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1489 APPOINT TRUCK DRIVER(TEMP)(MAX)(DARGAVEL)(PW) CCP# 1343 14 -0624 Mr. Wyatt moved: That Communication 1343 of June 24, 2014, be received and filed and that the Temporary Appointment of Scott Dargavel, 545 Fisher Rd, West Seneca NY 14224 at the Maximum Salary of $37,447.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1490 APPOINT ANIMAL SHELTER ATTENDANT (PROV)(INTER)(BROWN)(PW) CCP# 1344 14 -0624 Mr. Wyatt moved: That Communication 1344 of June 24, 2014, be received and filed and that the Provisional Appointment of Bonita Brown, 100 Lockwood Ave, Buffalo NY 14220 at the Intermediate Salary of $34,394.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1491 APPOINT SENIOR DEPUTY CORPORATION COUNSEL (EXEMPT)(FLAT)(STORM)(CC) CCP# 1348 14 -0624 Mr. Wyatt moved: That Communication 1348 of June 24, 2014, be received and filed and that the Exempt Appointment of Shauna L. Strom, 380 Woodward Ave, Buffalo NY 14214 at the Flat Salary of $84,564.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1492 APPOINT DIRECTOR OF URBAN AFFAIRS (EXEMPT)(FLAT)(MARCY)(A &F) CCP# 14,1355 06/24 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1493 APPOINT DIRECTOR OF RECREATIONAL PROGRAM MING(EXEMPT)(DRYE)(COMM SVS) CCP# 14,1357 05/24 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1494 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 14,1370 06/24 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 1495 APPROVED TO PURCHASE CELLEBRITE UNIVERSAL FORENSIC EXTRACTION DEVICES ULTIMATE TOUCH (POLICE) (ITEM NO. 1346, C.C.P., JUNE 24, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement with Cellebrite, Inc. to purchase Universal Forensic Extraction Devices to replace current equipment that is becoming out of date. The contractor was chosen through a Request for Proposals (RFP) process. Funding is available utilizing current drug asset forfeiture funds. The above item is approved with the following conditions: 1) A yearly Audit of use of the Cellebrite Computer System and report back to the Common Council. 2) System is password protected per operator PASSED /COND AYES 9, NOES 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 1496 REMAINING LOTS AFTER DEMOLITION (SMITH, ETC) (CCP #1417, 6/24) 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 Recommitted to The Committee on Community Development. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 1497 J. MONTOUR -P. RUMORE- OPPOSITION TO MOVE SCHOOL BOARD ELECTION (C.C.P #14 -1379, JUNE 24) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1498 Q. ABDULAUBI, OWNER, TO USE 1201 HERTEL TO RE- ESTABLISH AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEI)(DPIS) (ITEM NO. 1384, C.C.P., JUNE 24, 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 Q. Abduluabi, Owner, to reestablish use of a restaurant 1201 Hertel Avenue in the Hertel Avenue Special Zoning District. PASSED AYES — 9 NOES - 0 NO. 1499 J. MOLEK, AGENT, TO USE 1435 HERTEL TO ERECT AN OPEN BALCONY FOR A SIT -IN RESTAURANT WHICH PROJECTS ONTO CITY RIGHT -OF -WAY (DEL)(DPIS) (ITEM NO. 1392, C.C.P., JUNE 24, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Molek, Agent, to use an existing seasonal sidewalk cafe in front of a sit -in restaurant located at 1435 Hertel Avenue, and that the remainder of such application be recommitted. PASSED AYES — 9 NOES - 0 NO. 1500 J. POPIELA, AGENT, USE 2300 DELAWARE TO ERECT A FREE STANDING POLE- SIGN(NORTH)(NO HRG) (#14-1040,6/13)(#14-1180,6/27)(#14-1286,6/10) That the above item be and hereby is referred to the Common Council with a recommendation for approval with conditions: Mr. Scanlon now moves that the above Item be Recommitted to The Committee on Legislation. ADOPTED. NO. 1501 NOTICE OF INTENTION - NAMING OF SCHEU PARK GREEN SPACE - MARY JEAN SLOAN PARK (ITEM NO. 1304, C.C.P., JUNE 10, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the request to name the green space area located at Scheu Park to "Mary Jean Sloan Park "; and that copies of this resolution be sent to the Department of Public Works, Parks and Streets, tile Corporation Counsel, and the City Clerk. PASSED. AYES — 9 NOES — 0 NO. 1502 REQUEST FOR CONSIDERATION- NAMING SHELTER HOUSE AT CAZ PARK FOR ROBERT J. WILLIAMS (C.C.P #14 -1087 MAY 13) Mr. Scanlon now moved that the above item be Received and Filed. ADOPTED NO. 1503 N. BOYD- CONCERNS OFFICE SPACE AT APOLLO MEDIA CENTER (C.C.P #14 -679 APR 1) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1504 APPEAL COURT RULING TO RE -OPEN ILLEGAL DELIS(FRANCZYK, ALL)(EXC RES) (C.C.P #12 -79 OCT 2) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 1505 LP CIMINELLI -BOARD PACKET DOCUMENTS MAY 2014 (C.C.P #14 -1141, MAY 27) Mr. Smith now moved that the above item be Received and Filed. ADOPTED NO. 1506 LP CIMINELLI -BOARD PACKETDOCUMENTSAPRIL2014 (C.C.P #14 -913, APR29) Mr. Smith now moved that the above item be Received and Filed. ADOPTED NO. 1507 LP CIMINELLI -BOARD PACKETDOCUMENTSJANUARY2014 (C.C.P #14 -114, JAN21) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 1508 LP CIMINELLI -BOARD PACKET DOCUMENTS DECEMBER 2013 (C.C.P #13 -41, DEC 10) Mr. Smith now moved that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1509 BY: MR. FONTANA WAIVER OF FEES FOR VETERANS AFFAIRS WELCOME HOME TROOPS EVENT Whereas Every day the brave men and women of the United States Military put their lives on the line to defend and preserve the freedoms shared by all Americans; and Whereas It is important that these heroes be shown thanks and gratitude for their service, especially upon their return home from duty; and Whereas On August 9, 2014 there will be a Veterans Affairs Welcome Home Troops event at the Buffalo and Erie County Naval and Military Park, with free admission for Veterans and their families courtesy of the VA Western NY Pathfinders; and Whereas The Veterans Family Day will also feature entertainment, refreshments, a tour of ships, children's activities, as well as information for Veterans about VA health benefits, vocational training, and employment opportunities. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and application fees for the B &EC Naval and Military Park Veterans Affairs Welcome Home Troops event. Be It Further Resolved: A copy of this resolution be forwarded to the Office of Special Events. PASSED AYES — 9 NOES — 0 NO. 1510 BY: MR. GOLOMBEK DECLARE JULY 11, 2014 (7.11.14) AS FRENCH CONNECTION DAY IN THE CITY OF BUFFALO Whereas The French Connection, consisting of Hall -of -Fume center Gilbert Perrault, left winger Rick Martin and right winger Rene Robert is widely considered to be one of the greatest forward lines in NHL history and remains the Buffalo Sabres most celebrated offensive unit in team history; and Whereas The trio, all of whom are French - Canadian, was dubbed the "French Connection" after the 1971 film of the same name; and Whereas The line played together for the Buffalo Sabres from 1972 to 1979. During that span the Sabres went to the playoffs six times, including an appearance in the 1975 Stanley Cup Finals. The three players combined for eighteen NHL All -Star Game appearances; and Whereas All three players are members of the Buffalo Sabres Hall of Fame and have had their numbers officially retired by the team. Gil Perrault was inducted to the NHL Hall of Fame in 1990. Rick Martin passed away in 2011; and Whereas The French Connection was a special line that dazzled the fans. Players from opposing teams were often awestruck at the offensive prowess of the trio. In 2,396 games with the Sabres from 1972 -79, Perrault, Robert and Martin combined for 1,116 goals and 2,573 points. They still hold many of the Sabres all -time scoring records; and Whereas In 2012, the Buffalo Sabres unveiled a bronze statue honoring the French Connection at Alumni Plaza, outside of the First Niagara Center. The statue is based on a photograph taken during an April 1975 playoffvictory over the Montreal Canadians; Now, Therefore, Be It Resolved: That this Common Council hereby remembers the famed French Connection line on the date that marks the number on the jerseys worn by Martin (7), Perranit (11) and Robert (14), and pauses to remember the excitement these players brought to the young Sabres franchise and their fans during the teams formative years; and Be it Further Resolved: That this Honorable Body hereby proclaims July 11, 2014 (7.11.14) as "FRENCH CONNECTION DAY" in the City of Buffalo. ADOPTED NO. 1511 SPONSOR: MICHAEL J. LOCURTO 2014 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 17 through July 20, 2014, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 17 2014, through Sunday, July 20, 2014 (4 days). 2. The hours of operation will be from 11:00 AM to 10:00 PM each day. 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden Ave. to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., Colvin Ave. from Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Delaware Ave. to just east of Crestwood Ave. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires crisscrossing the street. 8. The Festival Committee will be eliminating most non -food vendors thereby re- focusing their attention on ethnic and cultural areas. Non -food vendors must complete an application and fulfill all the requirements of the application. The number of non -food vendors is limited and approval is granted on a first -come, first - served basis. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2014 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: The Festival shall be conducted on Hertel Avenue from July 17 through July 20, 2014, between the hours of 11:00 AM and 10:00 PM, with Tuesday July 15, 2014 after 6:00 PM and Wednesday, July 16, 2014 to be used only as set up days, and Monday, July 21, 2014, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works, Parks and Streets; Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall pay a fee of $750.00 for the utilization of City of Buffalo Special Events' garbage totes, and shall be required to pay all other applicable fees relating to the event; 8. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; and 9. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES — 9 NOES - 0 NO. 1512 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, BY DARIUS G. PRIDGEN METHADONE CLINIC OPENINGS Whereas Opiate Addiction is a major individual and public health problem. It is estimated that at least 980,000 people in the United States are currently addicted to heroin and other opiates. It is estimated that 5,000 to 1,000 injection drug users (IDU's) die of drug overdose every year; Whereas Research has shown that methadone maintenance treatment is one of the most effective treatments for opiate addiction; Whereas The City of Buffalo Common Council is sensitive to the fact that this treatment can contribute to reduced mortality, reduced criminal activity and reduced risk of overdose; Whereas The City of Buffalo Common Council also understands community concerns regarding the lack of communication during the planning phases of opening these facilities as well as their placement in neighborhoods; Whereas It is important that there be involvement and input from the surrounding communities prior to the opening of methadone and substance abuse treatment facilities in the City of Buffalo. It is also important that the opening of these facilities appear before the City of Buffalo Common Council for approval; and Now, Therefore Be It Resolved that the City of Buffalo Common Council - 1) Request that Corporation Council write an Ordinance to require City approval before a new substance abuse treatment facility can be opened in the City of Buffalo. ADOPTED NO. 1513 SPONSOR: MR. PRIDGEN APPOINT MARRIAGE OFFICER(GOLOMBEK, JR JULY 18 AND 19) That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for July 18 and 19, 2014. ADOPTED. NO. 1514 SPONSORED BY: COUNCILMEMBER RIVERA RE: FEE WAIVER FOR LOVE THY NEIGHBOR WEEKEND TO REMEMBER" Whereas: On Saturday, July 12 the Prince of Peace Christian Church will be celebrating its annual "Urban Community Outreach 2014 "; and Whereas: The purpose of the event will be to reach out to neighbors and diverse families with children of different nationalities to bring a message of love, faith, and hope; and Whereas: The feature of the event will be the "Family Fun Day Celebration" on Saturday, July 12 from 12pm - 5pm. This event will consists of family friendly events and allow families to register for a free meal, receive groceries, clothes, and shoes; and Whereas: Community agencies will be present to distribute information on health, education, and job opportunities; and Whereas: The Prince of Peace Christian Church is a non - profit organization with limited income that serves those most in need of vital services. Now, Therefore, Be It Resolved: The Common Council request that all fees be waived for this event so as to allow the Church to devote its limited funds to ensure the events success; and Be It Further Resolved: The Common Council directs the City Clerk to forward a copy of this resolution to the Traffic Engineering Office in the Department of Public Works, Parks & Streets. PASSED AYES — 9 NOES — 0 NO. 1515 BY: COUNCILMEMBER RIVERA RE: WAIVER OF SPECIAL EVENTS FEE FOR MYANMAR- BURMESE WATER FESTIVAL. Whereas, the Myanmar- Burmese Water Festival will be occurring on Grant Street for the second straight year; and Whereas, the festival will celebrate the Burmese New Year and is free and open to the public; and Whereas, the festival marks the beginning of the new year, as the water symbolizes the cleaning of one's soul from the past year's actions and creates a dean slate to start the new year from; and Whereas, the festival will be on Saturday, July 26, 2014 on Grant Street, from Ferry to Hampshire. Now, Therefore, Be It Resolved, the Common Council request the Office Special Events to waive the fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Office of Special Events. PASSED AYES — 9 NOES — 0 NO. 1516 BY CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR POLL WATCHER TRAINING AND INSTRUCTION CLASS WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule &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 Poll Watcher Training and Instruction Class will take place from Monday, July 28 to Friday, August 1st from 9:OOam to 3:OOpro each day at Tosh Collins Community Center; and WHEREAS, This training and instruction class will ensure orderly conduct on voting day and will allow Poll Watchers to provide apolitical voting instructions to voters; and WHEREAS, Voting is a democratic right and voting locations are dependent upon the tireless work of volunteers who will be trained as Poll Watchers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all fees applicable to the Poll Watcher Training and Instruction Class; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Special Events and Public Works. PASSED AYES — 9 NOES — 0 NO. 1517 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEE FOR THE BISHOP TIMON ST. JUDE LAWN FETE 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 Bishop Timon St. Jude Lawn Fete is June 27 28 — 29 at Bishop Timon- St Jude High School; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive the garbage /recycling tote fee for the Bishop Timon -St. Jude Lawn Fete; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. PASSED AYES — 9 NOES — 0 NO. 1518 BY MR. CHRISTOPHER P. SCANLON: DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: (ITEM # 14 - -308) USED CAR DEALER -835 SYCAMORE Whereas, The above item is currently in the Legislation Committee; and Whereas, It is no longer necessary for this item to be considered by that committee: Now, Therefore Be It Resolved that The City of Buffalo Common Council - 1.) Hereby discharge the Legislation Committee from further consideration of Item No. 14 -308 "Used Car Dealer -835 Sycamore ", and said item is now before the Common Council for its consideration with the following conditions: • All vehicles must follow all City Parking ordinances. • No blocking fire hydrant on Sycamore Street. • No parking commercial vehicles on City streets more than 24 hours. • Must close by 6pm. ADOPT DISCHARGE. PASSED AYES — 9 NOES - 0 NO. 1619 BY. MR. SCANLON ORDINANCE AMENDMENT CH 175 -1 ENUMERATION OF FEES - BUILDING PERMITS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by adding a new § 103 - 12 to read as follows: § 103 - 12 Building Permits Express Plan Review: For any part of the first two hours of express plan review: $200.00, plus Per hour, for each subsequent hour or part thereof: $100.00 For any part of the first two hours of inspection $200.00, plus Per hour for each subsequent hour or part thereof $100.00 Excessive submissions of plans (re- review charge For the second and each subsequent re- review $600.00 Residential Construction Fees - detached 1 and 2- Tamil dwelling Permits are required for all work that is not listed as 'permit not required in Section 103 2.3 of the City Charter Application Fee 25.00 Plan Review Fee (if work requires plans) (includes M /E /P plan review fees) 20% OF Permit Fee $25.00minimum Permit Fee New residential buildings (fees determined by area created) One - family dwellings 1,000 sq. ft. or less of floor area 500.00 1,001 sq. ft. to 3,000 sq. ft. of floor area 600.00 3,001 sq. ft. to 5,000 sq. ft. of floor are - 750.00 5,001 sq. ft. of floor area and over $900.00 Two - family dwellings $1 000.00 Townhouses, per unit $500.00 Additions, alterations, and repairs to residential structures (fees determined by cost of work) Cost per $1,000. of construction cost $5 per $1,000 $50.00 minimum Flat fees (fees determined by each type of work fees are addled together) Chimney work $25.00 Above - ground pool, spa, over 2 feet deep $50.00 In- ground pool, spa, pond, over 2 feet deep 150.OQ Fence requiring a permit (overheight, etc.) $25.00 New or expanded parking area and /or driveway 25.00 Alternative energy systems $75.00 Interior tear -out $25.00 Sheds and garages over 144 square feet and under 600 square feet $75.00 Demolitions (fees determined by unit) Demolition of a one or two - family dwelling 300.00 Demolition of a detached accessory structure over 144 sq. ft $75.00 Use Permit Fee With use change $25.00 Add or remove incidental home occupation $25.00 Commercial Construction Fees - All buildings except detached 1 and 2- family dwelling Permits are required for all work that is not listed as permit 'not required' in Section 103 -2.3 of the Buffalo City Charter Commercial construction Permit Fees are found using the mean construction cost from the'Calculating Mean Commercial Construction Cost' form; the'Building Construction Values' table on this form is based on the current 'Building Valuation Data' table from the International Code Council, which adjusts semi - annually to the current Consumer Price Index. Use the mean construction cost for the Permit Fee section only. Application Fee $50.00 Plan Review Fee (if work requires plans) $0.50 per$1,000, of construction cost or portion thereof $50.00 minimum Permit Fee. New construction, additions, change of use, alterations' construction cost up to $500,000. $6.00 per $1,000. of cost $100.00 minimum construction cost from $500,001. to $5,000,000. $4.00 per $1,000. of cost, plus $1,000. construction cost $5,000,001. and over $3.00 per $1,000. of cost, plus $6,000. Flat fees work done are added. Awnings (without signage) $75.00 Flat wall signs $50.00 Projecting wall signs and awning signs $75.00 Freestanding signs under 6 feet in height $50.00 Sign face replacement, existing signs (except L.E.D. faces) $25.00 Tank installation or removal [$250.00] 300.00 235.00 Communication antennas and dishes, co- location Seasonal golf cart renewal fee for South Park and Cazenovia Golf Courses 100.00 $50.00 Fence requiting a permit (overheight, etc.) $50.00 Temporary trailer (over 10 days, up to 1 year) $200.00 Sheds and garages 600 square feet and under $100.00 Demolitions [$150.00] Demolition of a commercial structure $0.12 per sq. ft. $250.00 minimum $300.00 Any demolition that takes place without a proper permit shall be assessed a [$150.00] penalty in the amount of $1,500. Use Permit Fee $190.00 .With occupancy / use class change $50.00 Fees for new construction, additions, and alterations or change of use involving ore, Junior Program (12:00 noon to closing, July to August only) 50% of the building [$100.00] §2. Section 103 -12 of section 175.1 of the Buffalo City Code, as last amended September 20, 2005, is hereby REPEALED. §3. This ordinance shall be effective immediately Underlined material is NEW. Material in brackets is DELETED Noncity APPROVED AS TO FORM Resident TIMOTHY A. BALL Daily fee for South Park, Cazenovia and Delaware Golf Course By: Alan .Gerstman Asst. Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE 18 holes on Saturday, Sunday or holiday NO. 1520 BY: MR. SCANLON ORDINANCE AMENDMENT -CH 175 ENUMERATION OF FEES - BUILDING PERMITS Ordinance Amendment §175 -1 Enumeration of Fees The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending §309 -28 thereof to read as follows: Chapter 309, Parks and Other Open Spaces § 309 -28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Noncity Resident Resident GOLF COURSES Seasonal fee for South Park, Cazenovia and Delaware Golf Courses [$185.00] [$250.00] 235.00 $300.00 Seasonal golf cart renewal fee for South Park and Cazenovia Golf Courses $25.00 $50.00 Senior citizens with City identification cards, Monday to Friday [$90.00] N/A $110.00 Senior citizens (Sunday through Saturday) [$150.00] [$200.00] 180.00 $300.00 Youths under 16 with City identification cards, Monday to Friday [$150.00] [$160.00] 180.00 for $190.00 Seven days Junior Program (12:00 noon to closing, July to August only) [$75.00] [$100.00] 100.00 $125.00 City Noncity Resident Resident Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, Sunday or holiday [$16.00] [$17.00] 19.00 $20.00 Seniors and youths under 16 on Saturday, Sunday or holiday [$13.00] [$14.00] 16.00 $17.00 18 holes on other days [$13.00] [$14.00] 16.00 $17.00 Seniors and youths under 16 on regular weekdays [$11.00] [$12.00] 12.00 $15.00 Twilight rate (starts after 6:00 p.m.) [$8.00] [$9.00] 10.00 $12.00 Reserve tee time, per reserved hour [$55.00] [$55.00] 75.00 $75.00 New York State access pass [$90.00] [$90.00] Under 18 and seniors (with City identification cards) 110.00 $110.00 Nine -hole rate, Monday through Friday [$10.00] [$11.00] Designated private swimming time 13.00 $14.00 Nine -hole rate, Saturday and Sunday [$12.00] [$13.00] Per Hour 15.00 $17.00 DUPLICATE PERMITS $50.00 Each permit $5.00 $10.00 BOAT TRAILER LAUNCHING PERMITS 220.00 Seasonal $25.00 $50.00 ICE SKATING Youths under 18 and seniors $1.00 $3.00 18 years and over $2.00 $3.00 Designated private ice time: Indoor rink: All groups other than developmental league, per hour $110.00 $180.00 Developmental league, (including Explorer League, Timon and $80.00 $200.00 Canisius High School), per hour Nonresident participating with resident or developmental $60.00 league or high school, per individual /per season Skating lessons, per session $12.00 $20.00 INDOOR NATATORIUM Daily sessions City of Buffalo residents with identifications cards Under 18 years and seniors [$1.00] [$3.00] 3.00 5.00 18 years and over [$2.00] [$3.00] 4.00 5.00 July and August Under 18 years and seniors [$2.50] 5.00 18 years and over [$2.50] 5.00 Seasonal Under 18 and seniors (with City identification cards) $50.00 $150.00 18 years and older (with City identification cards) $100.00 $150.00 Designated private swimming time Half pool rental per group Per Hour [$30.00] [$40.00] 40.00 $50.00 Per day [$200.00] [$300.00] 220.00 $320.00 Exclusive use of pool Per hour [$40.00] [$60.00] 50.00 $70.00 Per day $300.00 $400.00 Swimming lessons, per session $15.00 $30.00 CITY IDENTIFICAITON CARDS Issued to City residents with valid proof of residence, each $3.00 DAILY RENTALS Special events $200.00 $200.00 Seasonal events $500.00 $500.00 LaSalle Pavilion [$250.00] [$250.00] 350.00 $350.00 Parkside Lodge Rental of Parkside Lodge, 4 hours, includes attendant $185.00 $185.00 Marcy Casino rental, nonpeak, November 1 through May 14: Terrace Room, Monday through Thursday $50.00 $50.00 Pan -Am Room, Monday through Thursday $75.00 $75.00 Entire facility, Monday through Thursday $100.00 $100.00 Terrace Room, Sunday $75.00 $75.00 Pan -Am Room, Sunday $100.00 $100.00 Entire facility, Sunday $150.00 $150.00 Terrace Room, Friday $600.00 $600.00 Pan -Am Room, Friday $800.00 $800.00 Entire facility, Friday $1,200.00 $1,200.00 Terrace Room, Saturday $700.00 $700.00 Pan -Am Room, Saturday $900.00 $900.00 Entire facility, Saturday $1,350.00 $1,350.00 Marcy Casino rental, peak May 15 through October 31 Terrace Room, Monday through Thursday $75.00 $75.00 Pan -Am Room, Monday through Thursday $100.00 $100.00 Entire facility, Monday through Thursday $150.00 $150.00 Terrace Room, Sunday $100.00 $100.00 Pan -Am Room, Sunday $125.00 $125.00 Entire facility, Sunday $175.00 $175.00 Terrace Room, Friday $1,000.00 $1,000.00 Pan -Am Room, Friday $1,200.00 $1,200.00 Entire facility, Friday $1,800.00 $1,800.00 Terrace Room, Saturday $1,200.00 $1,200.00 Pan -Am Room, Saturday $1,500.00 $1,500.00 Entire facility, Saturday $1,350.00 $1,350.00 Cazenovia Casino rental: Rental of Cazenovia Casino, 4 hours, includes attendant $185.00 $185.00 Rose Garden Rose Garden, ceremony $150.00 $150.00 Rose Garden, photos $50.00 $50.00 Bucks and platforms Japanese Garden Japanese Garden, ceremony $125.00 $125.00 Japanese Garden, photos $50.00 $50.00 Picnic area by Parkside Lodge $125.00 for 4 $125.00 for 4 hours hours Croquet area by Parkside Lodge $25.00 per $25.00 per hour hour Park permit [$25.00] [$25.00] 35.00 $35.00 Park shelter permit [$25.00] [$25.00] $1.00 /meter bag 35.00 $35.00 Wedding receptions $0.00 $0.00 Wedding ceremony in park $0.00 $0.00 Room in a City facility (excluding block clubs) [$25.00] [$25.00] 35.00 $35.00 BAND SHELL RENTAL For each additional mile Mobile band shell rental, per day [$400.00] [$400.00] 450.00 $450.00 DIAMONDS AND FIELDS Team permit, per season (grammar schools, high schools, and $100.00 $100.00 little leagues excluded) Mulroy Park - Pierce Field Adult groups or leagues (per hour) $150.00 $150.00 Youth groups or leagues, including High schools (per hour) $120.00 $120.00 Community group use of synthetic Playing surface (140 hours per year) $0.00 §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed REFERRED TO THE COMMITTEE ON FINANCE NO. 1521 BY: MR. SCANLON ORDINANCE AMENDMENT -CH 175 ENUMERATION OF FEES -PARKS & OPEN SPACES Ordinance Amendment §175 -1 Enumeration of Fees The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending Chapter 413 thereof to read as follows Chapter 413, Streets and Sidewalks § 413 -4, placement of dumpster on street, roadway or public place [$12.00] $24.00 § 413 -19, pavement opening and replacement Pavement opening [$35.00] $70.00 Deposit to cover cost of pavement replacement [$87.00] $174.00 Cutting street where the pavement has been certified as inexpedient to [$14.00] $28.00 repair, per opening § 413 -37, temporary storage of materials or temporary structures in sidewalk space or roadway Parking control signs [$0.15 /sign] $ 0.30/sign Meter bags [$0.50 /meter bag] $1.00 /meter bag 30 -day permit, per foot [$0.35] $0.70 Minimum [$12.00] $24.00 Sidewalk or roofing contractor annual permit [$105.00] $210.00 § 413 -41, operation of vehicles over the weight limitations in § 385 of State Vehicle and Traffic Law Inspection For the first mile or fraction thereof traveled by such vehicle on street [$12.00] $24.00, Plus For each additional mile [$6.00] $12.00 Annual permit, per annum [$400.00] 800.00 § 413 -46, construction or reconstruction of sidewalk permit, per lot frontage $2.10 § 413 -59, sidewalk cafes For annual license To be paid per square foot encroaching upon the City right -of -way $1.30 Maximum $750.00 All other temporary encroachments Per day $50.00 Per year $250.00 § 413 -61, inspection of work done by other than public utility corporation [$60.00] $120.00 holding franchise from City, per hour for each inspector required, with minimum of 1 hour per inspection § 413 -62, inspection of work done by public utility holding franchise [$82.50] $165.00 from City per hour for each inspector required, with minimum of 1 hour per inspection § 413 -63, permits To construct canopy or marquee For first 50 square feet of horizontal area [$46.00] $92.00 For each additional 50 square feet or fraction thereof of horizontal area [$23.00] $46.00 To construct a sidewalk vault for each 50 square feet or fraction [$37.00] $74.00 thereof of City -owned land occupied by such vault To construct a curb opening 12 feet and under in length, for each opening [$18.00] $36.00 Over 12 feet in length, for each opening [$40.00] $80.00 To construct a new sidewalk [$23.00] $46.00 To make an opening between the curb and property line not entering [$23.00] $46.00 the roadway for the installation of repairs of sewer and water connections and for the installation of service pipes to abutting property from gas mains laid in the sidewalk area, for each such opening; provided, however, that where a permit to open a pavement in front of the premises has been obtained in connection with the same work, no further permit for openings between the curb and the property line shall be required To make an opening in the pavement for installation or repair of [$23.00] $46.00 sewer, water or gas connections, for each such opening To install, remove or replace a fuel oil tank, for each 550 gallons [$37.00] $74.00 or fraction thereof of tank capacity To remove or replace an existing gasoline tank, for each such tank [$23.00] $46.00 To perform any other work [$23.00] $46.00 § 413 -67, encroachments (Last amended 7 -20 -2004, effective 8 -2 -2004) Block party permit [$12.00] $24.00 Other street closings 1 block [$25.00] $50.00 Each successive block [$15.00] $30.00 [$25.001 $50.0 --- Q [$15.00] $30.00 §2. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending Chapter 414 thereof to read as follows: Chapter 414, Special Events Costs for services rendered to sponsor of special events Actual cost incurred Parking control signs Meter hags By the City [$0.15 /sign] $ 0.30/sign [$0.50.meter bag] $1.00 /meter bag § 414 -101, parade, motorcade and race $50.00 §3. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending §479 -2 thereof to read as follows: § 479 -2, storage and towing of vehicles Load zone permits, per linear foot Renewal, per linear foot [$5.00] $10.00 [$5.00] $10.00 §4. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending §254 -8 thereof to read as follows: § 254 -8, permit for garage sale, if more than 3 sales per calendar year [$10.50] $21.00 5. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON FINANCE BY: MR. SCANLON NO. 1522 ORDINANCE AMENDMENT -CH 175 ENUMBERATION OF FEES - STREETS AND SIDEWALKS Ordinance Amendment § 175- 1 Enumeration of Fees The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended 307 -8 thereof to read as follows: § 307 -8, towing and storage For towing all 2 -axle vehicles, motorcycles, boats, small $110.00 [$90.00] trailers or mobile homes under 25 feet in length to impound area For each day of storage or fraction thereof after the first 24 hours $30.00 [$25.00] For towing tractor truck with or without trailer or vehicles over 25 feet to impound area $136.00, plus For each day of storage or fraction thereof $14.00 Minimum charge for retrieving and towing any lost, abandoned or stolen vehicle $136.00 from any body of water, gully, ditch or underpass, but charges above the minimum shall not exceed those authorized under Chapter 479, Article 11, of the Code For mini -tow (tow 500 feet or less), which includes a fine of $10 for violation of $40.00 parking or standing prohibition pursuant to § 307 -11 of Chapter 307 For mini -tow (tow 500 feet or less), which includes a fine of $15 for violation $0.00 parking or standing prohibition pursuant to § 307 -11 of Chapter 307 For towing motor vehicle parked without authorization in space reserved for the $136.00 handicapped, or for towing motor vehicle parked alongside or obstructing a curb area which has been cut down, lowered or constructed so as to provide accessibility to the sidewalk § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON FINANCE NO. 1523 SPONSOR: CHRISTOPHER P. SCANLON WAIVE FEES FOR YMCA BUFFALO NIAGARA SUMMER DAY CAMP July 3, 2014 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 YMCA Buffalo Niagara Summer Day Camp will utilize the Cazenovia pool Upstairs Monday through Friday 7:30am to 5:30pm and Tosh Collins Gymnasium for rainy days Swimming in the pool will only be on Tuesday, Wednesday and Friday between 1:OOpro and 4:OOpm ; and WHEREAS, The YMCA is a leading nonprofit committed to strengthening the community through youth development, healthy living, and social responsibility; and WHEREAS, The YMCA Buffalo Niagara Summer Day Camp gives kids a wonderful summer filled with age- appropriate activities such as instructional and recreational swimming, weekly field trips, arts & crafts, sports, games, outdoor activities, character development and more; and WHEREAS, During the camp, camp leaders will promote healthy habits that inspire a lifetime love of physical activity through active play; and WHEREAS, As part of this initiative, the YMCA is taking on summer by addressing critical gaps in health and education that cause kids to be at risk for childhood obesity and suffer from summer learning loss; and WHEREAS, the children in the community will benefit greatly from this camp and the use of the facilities at Cazenovia Swimming Pool and Tosh Collins Community Center; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all fees applicable the YMCA Buffalo Niagara Summer Day Camp; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES 9, NOES 0 NO. 1524 BY: DEMONE SMITH APPOINTMENT APPOINT LEGISLATIVE AIDES (CTY CLK)(CHASE, JOHNSON, BURKS, REYES) Whereas: Roxanne Chase, Denise Johnson, Tashares Burks, and Luis Reyes have served as an Assistant Legislative Aide II in the City Clerk Office; and Whereas: Roxanne, Denise, Tashares and Luis have demonstrated their hard work and dedication by taking active roles in making public records available to the public, and obtain increased responsibility in the City Clerk Office; and Now, Therefore, Be It Resolved: Roxanne Chase, Denise Johnson Tashares Burks, and Luis Reyes be appointed Legislative Aide to the City Clerk Office, effective July 1, 2014. ADOPTED NO. 1525 BY: DEMONE SMITH MAJORITY LEADER MASTEN DISTRICT COUNCILMEMBER APPOINT SR LEGISLATIVE ASSISTANT(MASTEN)(MARKS) Whereas: Tianna Marks has served as an Intern, Assistant Legislative Aide, Legislative Aide and Legislative Assistant in the Masten District Common Council Office; and Whereas: Tianna handles and assist constituent issues within the community with navigating bureaucracy; and represent the office at various community events and meetings; and Whereas: Tianna has demonstrated hard work by taking on leadership roles in the community, and obtained increased responsibility in the Masten District Council Office. Now, Therefore, Be It Resolved: Tianna Marks be appointed Sr. Legislative Assistant to the Masten District Council Office, effective July 1, 2014. ADOPTED NO. 1526 BY: DEMONE SMITH MAJORITY LEADER MASTEN DISTRICT COUNCILMEMBER APPOINT ASST LEGISLATIVE AIDE(CTY CLK)(CASILLAS) Whereas: Gabriel Casillas has served as an Intern in the City Clerk Office; and Whereas: Gabriel has demonstrated hard work by taking active roles in making public records available to the public and giving informational assistance to the public; and Whereas: Gabriel graduated from Buffalo State College with a Bachelor of Science degree. Now, Therefore, Be It Resolved: Gabriel Casillas residing at 101 Plymouth Avenue, Buffalo, New York 14201 be appointed Assistant Legislative Aide II to the City Clerk Office, effective July 1, 2014. ADOPTED BY: MR. SMITH, PRIDGEN, RIVERA, FONTANA, FRANCZYK, GOLOMBEK, LOCURTO, SCANLON, AND WYATT POST DEMOLITION LOTS Whereas: The City has and continues to conduct an aggressive demolition program removing numerous blighted properties; and Whereas: The demolition of vacant properties has left vacant lots filled with bad looking "fill' with no topsoil or grass. Bad looking spotty weeds grow and there are areas where no grass grows only unclassified "fill' remains; and Whereas: Lots after demolition can be more aesthetically pleasing if topsoil or something similar can be used on top of the "fill' that would encourage the growth of grass; and Whereas: Rochester, NY requires contractors to fine grade and hydro seed all lots after the demolition of structures Now Therefore Be It Resolved That: Unless specified otherwise, contractors, utility company, organization, " business or person must fine grade and hydro seed or apply grassed, watering plan all lots after the demolition of structures or disturbance of soil for repairs, construction or access in the City of Buffalo; and Be It Further Resolved: The New York State Public Service Commission requires utility companies to adhere to the requirements, and Be It Finally Resolved: A copy of this Resolution be forwarded to the New York State Public Service Commission, The City of Buffalo Economic Development and Permit and Inspection and Public Works Departments ADOPTED NO. 1528 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND ALL SPECIAL EVENTS FEES ASSOCIATED WITH THE 2014 HIGH REUNION 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 chapter of the Code; and Whereas: The 2014 All High Reunion, a reunion of students who attended Buffalo Public and Parochial Schools, past and present will be held Saturday, July 5, 2014; and Whereas: This event will take place at Manhattan Park; and Whereas: This event is free to the public; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives the Park Rental and All Special Event Fees associated with this event Be It Further Resolved: That the City Clerk forwards a copy of this resolution to the Commissioner of the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1529 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 03- EXECUTIVE 1501 - EXECUTIVE OFFICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 -1501- Executive Office which currently reads: 1 Special Assistant to the Mayor II $62,000 1 Executive Assistant to the Mayor $57,681 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. Furthermore, we, Bryon W. Brown, Mayor, and Murk J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES 9. NOES 0 NO. 1530 BY: RASHEED WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Gail A. Brady Jeffrey D. Brzyski Jacob Jaskula Patty Spanich Vianne Uthman Total: 5 ADOPTED NO. 1531 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Committees Community Development Committee on Education Tuesday, July 15, 2014 at 9:45 o'clock A.M. Tuesday, July 15, 2014 at 10:00 o'clock A.M. Tuesday, July 15, 2014 at 1:00 o'clock P.M. Tuesday, July 15, 2014 at 2:00 o'clock P.M. Thursday, July 10, 2014 at 11:00 o'clock A.M. Thursday, July 10, 2014 at 5:30 o'clock P.M. (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. 1532 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Golombek, the Council adjourned at 2:58 pm GERALD A. CHWALINSKI CITY CLERK July 8, 2014