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Home My WebLink About14-0527NO. 11 PROCEEDINGS OF THE CITY OF BUFFALO MAY 27, 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 May 27, 2014 FINAL MAYOR MAYOR - EXECUTIVE 1093- 1. Plan Bd -SEQR- Notice of Intent -Lead Agency -Gates Circle Redev R &F 1094- 2. Pres Bd- Application for Landmark Status - Larkin Historic District - 635,680, 696 & 701 Seneca, 290 Larkin, 726 Exchange, 239 Van Rensselaer(Fill)(Pub Hrg to be Set) LEG 1095- 3. Strat Plan -Amend Lease Agmt Btwn COB & Grassroot Gardens to Include 71 Woodlawn(Mas) APP 1096- 4. Strat Plan- Report of Sale -19 & 29 Brewster & 89 Jewett(Mas) CD 1097- 5. Strat Plan- Request to Use St. John Baptist Church City Owned Vacant Lot -1412 Jefferson(Mas) APP 1098- 6. Strat Plan- Appoint Senior Administrative Assistant (Perm)(Inter)(Cash) CS COMPTROLLER 1099- 7. Audit Report - Payroll Procedures Comm Services R &F 1100- 7A Certificate of Necessity- Common Council R &F 1101- 8. Bond Account Closeouts APP 1102- 9. Interfund Cash Loan APP 1103- 10. Follow Up to 2013 Audit Report -CC Discretionary Funds R &F PUBLIC WORKS 1104- 11. Notification Serials- 10495(Waive 45 Days) R &F 1105- 12. Change in Contract - Broderick Park Improvements APP 1106- 13. Change in Contract -JFK Community Center Rehab CDBG Yr 38 APP 1107- 14. Change in Contract Painting of Streetlights - Citywide APP 1108- 15. Increase in Encumbrance - Autumnwood Senior CC Rehab -CDBG Yr 37 APP 1109- 16. Permission to Accept Funds from NYS Chips APP 1110- 17. Permission to Engage Services Consulting Eng- Colonel Ward Treatment Facility Security APP 1111- 18. Permission to Enter Agmts -Army Corps of Eng for Study, Design, Construction, Admin and Inspection Squaw Island(Nia) APP 1112- 19. Permission to Enter Agmts -MXI Env Services for Household Haz Waste Rem APP 1113- 20. Permission to Hire Eng Cons, Receive Bids, Enter Agmts w /Army Corps of Eng for West Ferry Bascule Bridge Rehab(Nia) APP 1114- 21. Permission to Hire for Oliver Hazard Perry Sculpture Agmt Btwn COB& International Chimney Corp APP 1115- 22. Report of Bids -Curb and Sidewalk Replacement - Citywide APP 1116- 23. Report of Bids -Coca Coca Field Seating Replacement(Fill) APP 1117- 24. Report of Bids - Dudley Library HVAC Upgrade(South) APP 1118- 25. Report of Bids -Eng Garage HVAC Controls(South) (Correction) APP 1119- 26. Report of Bids -Mill and Overlay- Citywide APP 1120- 27. Report of Bids -Site Specific Concrete Replacement - Citywide APP 1121- 28. Request Permission to Accept Donation of Supplies and Materials From Various Organizations for Parks & Recreation Centers APP POLICE 1122- 29. Acceptance of Donation - $500.00 to Police Honor Guard APP PERMITS AND INSPECTIONS 1123- 30. Food Store License(New)414 -East Amherst(Univ) APP W /COND 1124- 31. Used Car Dealer -321 Hampshire(Nia) LEG 1125- 32. Used Car Dealer -303 Hopkins(South) LEG 1126- 33. Used Car Dealer -2214 Genesee(Lov) LEG PARKING 1127- 34. New Truck Purchase -FFV Ford -250 FIN CITY CLERK 1128- 35. Application for Restricted Use Permit 75 W. Chippewa 06/06/2014 LEG 1129- 36. Application for Restricted Use Permit 75 W. Chippewa 06/20/2014 LEG 1130- 37. Application for Restricted Use Permit 69 W. Chippewa 06/19/2014 LEG 1131- 38. Application for Restricted Use Permit 69 W. Chippewa 06/26/2014 LEG 1132- 39. Application for Restricted Use Permit 69 W. Chippewa 07/10/2014 LEG 1133- 40. Application for Restricted Use Permit 69W. Chippewa 07/24/2014 LEG 1134- 41. Liquor License Applications R &F 1135- 42. Leaves of Absence R &F 1136- 43. Reports of Attendance R &F 1137- 44. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 1138- 45. J. Anderson - Community Involvement Influences Policy Decisions LEG 1139- 46. M. Brown - Request Support of Prayer Circle in Niagara Square -June 2014 CD 1140- 47. Buffalo Water Bd Report -April 2014 R &F 1141- 48. LP Ciminelli -Bd Packet Documents -May 2014 ED 1142- 49. M. D'Amico- Concerns Parks Dept Operations PW 1143- 50. J. Golombek- Concerns Buffalo Lyft Drivers LEG 1144- 51. M. Jaskula -I. Traschen -DMV Response Vehicle & Traffic Law LEG 1145- 52. J. Kinbaum - Appeal Pres Decision - Verizon Communications -65 Franklin St LEG 1146- 53. S. Kroll -State Leg Resolution - Support CC Plan to Protect Property Owners Of the Fruit Belt from Rising Costs of Property Taxes LEG 1147- 54. NYSDEC -Env Cleanup Activities Completed -858 E. Ferry(Fill) LEG 1148- 55. C. Perales -NYS Dedicating 11.75 Million to Env Protection Fund Local Waterfront Revitalization Program(EPFLWRP) STRAT PLAN 1149- 55A C. Scanlon -SEQRA -1032 Niagara - Verizon Wireless)Nia) ADOPT 1150- 56. D. Smith - Article NFTA to Sell Former Port of Buffalo Complex to Canadian Co Unsuccessful CD 1151- 57. D. Smith - Research on E.- Cigarettes LEG PETITIONS SEQRA Kaleida Health Request Air Rights Easement 1155 -1. 14 -987 Com May 13 Appoint HUD Grant Fiscal Administrator(Perm)(Max) 1152- 58. D. Burke, Agent, Use 173 Allen to Re- Establish a Restaurant and Patio (Hlavaty)(Compt) APP With New Owner(hrg 6 /3)(Fill) LEG,CPBD 1153- 58A T. Briatico, RA, Agent, Use 1064 Sycamore for a Vestibule & Stairs Appoint Assistant Financial Operations Administrator & Toxic Waste in COB In the City ROW(no hrg)(Fill) LEG,PW 1154- 59. R. Jackson & O- Support Saving Fruit Belt History CD RESOLUTIONS 1159 -5. 14 -1009 Com May 13 Appoint Police Inspector (Perm)(Flat)(Blosat)(Pol) 1186- 60. Fontana Waiver of Fees for Lovejoy Memorial Day Flag (Sokolowski)(A &F) Raising Ceremony APP 1187- 60A Fontana Transfer in Funds - Common Council APP 1188- 61. Franczyk,etc Request Permission to Hold the 57 Annual Second Quarter Gap Sheet - 2013- 14(Compt) R &F 1164 -10.14 -309 Com Feb 18 Allentown Art Festival APP 1189- 62. Franczyk Waive Permit Fees for Harriet Ross Tubman Sch #31 Field Day_APP 1165 -11. 14 -1010 Com May 13 1190- 62A. Golombek,etc Public Financing for Elections in the COB ADOPT 1191- 63. LoCurto Permission to Hang Lights on Hertel Ave ADOPT 1192- 64. LoCurto Waive Permit Fees for Bury the Violence Walk APP 1193- 65. LoCurto Waive Permit Fees Elmwood Village Summer Concert Series APP 1194- 66. LoCurto Waive Permit Fees for Independent Health's Kids Run APP 1195- 67. LoCurto Waive Permit Fees for Olmsted School Foundation's Fun Walk 2014 APP 1196- 68. LoCurto Waive Permit Fees for YMCA's Fitness in the Park Program APP 1197- 69. LoCurto Waive Permit Fees for Zacarias Benefit APP 1198- 70. Pridgen Concerns Niagara Square Parking CD,PKG 1199- 71. Pridgen Ordinance Amendment -Ch 78 Animals Feral Cats LEG 1200- 72. Pridgen Reinstate the Police Oversight Committee ADOPT 1201- 73. Pridgen, etc Support for Mandatory Parent Assembly at the Start of The School Year ADOPT 1202- 74. Rivera Approval of Bflo Neighborhood Stabilization Consolidation Funding Application APP 1203- 75. Rivera Fee Waiver and City Prkg Lot Use for Hispanic Health & Info Fair APP 1204- 76. Rivera United Liberian Assoc Event Fee Waiver APP 1205- 77. Scanlon, etc Calling on the Governor, NYS Assembly & NYS Senate to Enact the Abandoned Property Neighborhood Act 2014 ADOPT 1206- 78. Scanlon Waive Event Fees -EC Leg Lynne Dixon's Community Mtg _APP 1207- 78A. Smith HR Req to Pass Assembly BiII "Amend the V &T Law in Relation to COB to Adjudicate Traffic Violations" ADOPT 1208- 78B. Smith HR Req to Pass Senate BiII "Amend V &T Law in Relation To COB to Adjudicate Traffic Violations" ADOPT 1209- 78C. Smith Waive Park Rental and Band Shell Fees for the 39 Annual Juneteenth Festival at MLK Park APP 1210- 79. Wyatt Comm of Deeds - Public Duties ADOPT 1211 80. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS Near Goodrich(CC) CIVIL SERVICE 1166 -12. 14 -1011 Com May 13 SEQRA Kaleida Health Request Air Rights Easement 1155 -1. 14 -987 Com May 13 Appoint HUD Grant Fiscal Administrator(Perm)(Max) Ellicott Near Goodrich(CC) (Pub Hrg 5/27) APP (Hlavaty)(Compt) APP 1156 -2. 14 -988 Com May 13 Appoint Assistant Auditor(Step 12)(Costner)(Compt) APP 1157 -3. 14 -989 Com May 13 Appoint Assistant Financial Operations Administrator & Toxic Waste in COB R &F (Perm) (Step 15)(Fanton)(Compt) APP 1158 -4. 14 -1007 Com May 13 Appoint Truck Driver(Temp)(Inter)(Rose)(PW) APP 1159 -5. 14 -1009 Com May 13 Appoint Police Inspector (Perm)(Flat)(Blosat)(Pol) APP 1160 -6. 14 -1018 Com May 13 Appoint Junior Collection Officer(Perm)(Max) (Sokolowski)(A &F) APP 1161 -7. 14 -1025 Com May 13 Notices of Appointments- Temp /Prov /Perm(CS) R &F FINANCE APP W /COND 1174 -20. 14 -1013 Com May 13 1162 -8. 14 -981 Com May 13 Bond Account Closeout(Compt) R &F 1163 -9.14 -437 Com Mar 4 Second Quarter Gap Sheet - 2013- 14(Compt) R &F 1164 -10.14 -309 Com Feb 18 2 nd Quarter Gap(A &F) R &F COMMUNITY DEVELOPMENT 1165 -11. 14 -1010 Com May 13 Kaleida Health Request for an Air rights Easement at Ellicott Near Goodrich(CC) APP 1166 -12. 14 -1011 Com May 13 SEQRA Kaleida Health Request Air Rights Easement Ellicott Near Goodrich(CC) (Pub Hrg 5/27) APP 1167 -13. 14 -871 Com Apr 29 Report of Sale -1153 Jefferson(Strat Plan) APP 1168 -14. 14 -915 No Apr 29 R. Fontana -C. Meadows - Planting Fruit Trees in City Parks & Toxic Waste in COB R &F 1169 -15. 14 -938 No Apr 29 Report of Sale -1486 Jefferson(Mas)(Strat Plan)(# 14 -756 4/15) APP 1170 -16. 14 -541 Com Mar 18 Report of Sale 465 Wood lawn (Mas)(Strat Plan) APP 1171 -17. 13 -57 No Nov 26 M. LoCurto- Worker -Owned Cooperatives R &F LEGISLATION 1172 -18.14 -979 Com May 13 Report of Sale -238 & 240 Northampton(EII)(Strat Plan) APP 1173 -19. 14 -1012 Com May 13 Food Store License(New) -864 Broadway(Fill)(EDPI) APP W /COND 1174 -20. 14 -1013 Com May 13 Food Store License(New) -472 Main (EII)(EDPI) APP 1175 -21. 14 -1014 Com May 13 Food Store License(New) 1591 S. Park(Lov)(EDPI) APP W /COND 1176 -22. 14 -1015 Com May 13 Sidewalk Cafe 42 W. Chippewa(EII)(EDPI) APP 1177 -23. 14 -1036 No May 13 R. Felschow Jr, Use 511 Ohio to Erect a 1 Story Pole Barn in the Coastal Review Area(Fill)(Hrg 5/20) APP 1178 -24. 14 -1038 No May 13 D. Evans, Owner, Use 1281 Hertel aka 1285 Hertel to Re -Open Existing Restaurant in the Hertel Special Bus District(Del)(hrg 5/20) APP 1179 -25. 14 -1039 No May 13 M. Marino, Owner, Use 256 Allen for a Bar /Restaurant and Patio in the Allen St District(Fill)(Hrg 5/20) RECOMMIT 1180 -26. 14 -1040 No May 13 J. Popiela, Agent, Use 2300 Delaware to Erect a Free Standing Pole- Sign(North)(no hrg) RECOMMIT 1181 -27. 14 -1041 No May 13 K. Rose, Owner, Use 73 Hamburg for an Outdoor Patio in the City ROW (Fill)(No hrg) APP 1182 -28. 14 -1079 Res May 13 Ordinance Amendemnt- 12 -24D Board of Ethics(Golombek) APP 1183 -29. 14 -1084 Res May 13 Ord Amendment -Ch 414 -3 Special Events Advisory Comm(Pridgen) APP 1184 -30. 14 -1065 No May 13 R. Brenner, Agent, Use 1032 Niagara to Erect an Addition to the Height of an Existing Monopole Cellular Tower in the Niagara River Coastal Review District(hrg 5/6)(Nia)( #14- 920,4/29) APP 1185 -31. 14 -285 Com Feb 18 Recommendation Application for Landmark Status Willert Park Courts aka AD Price Courts -373 Spring St(Pres Bd)(Pub Hrg 2/25) DENY CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MAY 27, 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 May 13, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1093 SEQR- NOTICE OF INTENT -LEAD AGENCY -GATES CIRCLE REDEVELOPMENT SEQRA Notice of Intent to Act as Lead Agency for the proposed Gates Circle Redevelopment To All Interested and Involved Agencies: Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing the City of Buffalo Planning Board's Notice of Intent to Act as Lead Agency for the proposed Gates Circle Redevelopment. If you have any questions or concerns regarding the Notice of Intent or the Project, please do not hesitate to contact me at the City of Buffalo Planning Department at (716) 851 -5085. Mary Grunzweig Land Use Controls Coordinator ( "SEQRA ") NOTICE OF INTENT ESTABLISHMENT OF SEQRA LEAD AGENCY CITY OF BUFFALO PLANNING BOARD To: Involved and Interested Agencies (see attached list) DATED: May 14, 2014 THIS NOTICE is issued pursuant to Part 617.6(b) of the implementing regulations pertaining to Article 8 of the New York State Environmental Conservation Law ( "ECL "), also known as the State Environmental Quality Review Act ( "SEQRA "). PLEASE TAKE NOTICE that the City of Buffalo Planning Board has determined that it is willing to act as SEQRA Lead Agency for environmental review of the proposed action described below and shall coordinate environmental review pursuant to Article 8 of the ECL and Implementing Regulations (6 NYCRR Part 617). Name of Action: Gates Circle Redevelopment SEQRA Status: Type I Description of Action: TM Montante Development, LLC and the Episcopal Church Home and Affiliates ( "ECHA ") are seeking to redevelop the former Millard Fillmore Gates Circle Hospital site as a mixed -use retail, commercial and residential development. The centerpiece of the new development will be ECHA's Continuing Care Retirement Community. Location: The project site is located in the City of Buffalo, County of Erie, State of New York. The proposed development will be centered around the former hospital site at 3 Gates Circle and is projected to include several surrounding parcels abutting Lafayette Avenue, Delaware Avenue and Linwood Avenue. Contact Person: Martin Grunzweig Land Use Control Coordinator 901 City Hall Niagara Square Buffalo, New York 14202 PLEASE TAKE FURTHER NOTICE that unless any involved agency objects to this determination and Intent of Lead Agency status within thirty (30) calendar days, the City of Buffalo Planning Board shall be deemed Lead Agency. Dated: Buffalo, New York May 14, 2014 RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 1094 APPLICATION FOR LANDMARK STATUS - LARKIN HISTORIC DISTRICT - 635, 680, 696 & 701 SENECA, 290 LARKIN, 726 EXCHANGE Application for Landmark/Landmark Site - Larkin Historic District Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (7t6) 861 -5029. Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; C) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: " * check in the amount of $800.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site : 635,680,696, and 701 Seneca Street; 290 Larkin Street.; 726 Exchange Street; 239 Van Rensselaer Street 2. Name of Property (if any): Larkin Complex 3. Name of Present Owner: L Co. Building LLC (726 Exchange St. Mailing address: 726 Exchange St. Suite 825, Buffalo, NY 14210); Seneca Larkin 701 LLC (680 & 701 Seneca St. Mailing address: 701 Seneca St., Buffalo, NY 14210); Larkin Lofts LLC (636 Seneca St. Mailing address: 701 Seneca St. Suite 200, Buffalo, NY 14210); Mill Race Commons LLC (696 Seneca St. Mailing address: 726 Exchange St. Suite 825, Buffalo, NY 14210); Inter - Exchange Street Enterprises (298 Larkin St. Mailing address: 290 Larkin St., Buffalo, NY 14210) Note: If property is in multiple ownership, list the names /addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Owners will be contacted as per City of Buffalo Code. If yes, is owner in favor of landmark designation? N,A, If yes, submit a signed statement /affidavit by owner supporting Designation. 5. Present use of property: 635 Seneca, commercial; 680 Seneca, parking lot; 696 Seneca, vacant residential; 701 Seneca, commercial; 290 Larkin, retail and storage; 726 Exchange, commercial; 239 Van Rensselaer, commercial 6. Year of Construction : 1890 -1912. Sources: NRHP Multiple Property Documentation form, permits, Sanborn maps 7. Architect: Frank Lloyd Wright: 680 Seneca. R.J. Reidpath: 290 Larkin 635 and 701 Seneca, Lockwood, Greene & Co. 726 Exchange. 239 Van Rensselaer, architect unknown. Sources : Building Permits, NRHP MPDf 8. Is property endangered? Yes, 635 Seneca is endangered If yes, explain: Contractors are demolishing interior walls and salvaging brick, and have stated that building is to be demolished 9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Please indicate the sources of information, 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials, 11. Name of Applicant: Paul McDonnell, Chair Organization, (if any): City of Buffalo Preservation Board I hereby certify that the information contained herein is true and correct to the best of my knowledge Paul McDonnell REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 1095 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOT GARDENS OF BUFFALO TO INCLUDE 71 WOODLAWN (VACANT LOT) LOT SIZE: 21.88 X 75 AND 73 WOODLAWN (VACANT LOT) LOT SIZE: 21.20 X IRREG. (75.12 EL) MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a letter from Lisa Sanger, 121 Woodlawn, Buffalo, New York 14209 on behalf of the Woodlawn Street Block Club requesting to use city owned property located at 71 & 73 Woodlawn for gardening purposes. The Woodlawn Street Block Club is working in conjunction with the Buffalo Public School of the Performing Arts. Grassroots Gardens of Buffalo has agreed to amend their lease agreement with the City of Buffalo to include the property located at 71 & 73 Woodlawn. The lease between the City of Buffalo and Grassroots Gardens expired on October 31, 2005 and they are now a month to month tenant under the terms and conditions of the expired lease. The Office of Strategic Planning, Division of Real Estate is requesting that Your Honorable Body approve to amend the lease to include 71 & 73 Woodlawn with the Woodlawn Street Block Club as the sponsor. I am further recommending that the Corporation Counsel's Office prepare the necessary documents and authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated May 20, 2014, be received and filed; and That the Common Council hereby approves the amendment to the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to include 71 and 73 Woodlawn with the Woodlawn Street Block Club as the sponsor; and that the Corporation Counsel's Office prepare the necessary documents and authorizes the Mayor to execute the same. PASSED AYES 9, NOES 0 NO. 1096 REPORT OF SALE 19 & 29 BREWSTER & 89 JEWETT (MAS) Report of Sale - 19 Brewster - Vacant Lot South Side 201' East of Halbert Lot Size: 30'x 75' Assessed Valuation: $1,100 29 Brewster - Vacant Lot South Side 270' East of Halbert Lot Size: 30' x75' Assessed Value: $1,100 89 Jewett Avenue - Vacant Lot South Side - 210' East of Halbert Lot Size: 30'x 75' Assessed Value: $2,100 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Matthew Wolfe on behalf of Market on Main, Inc., 2495 Main Street, Buffalo, New York 14214 to purchase 19 Brewster, 29 Brewster and 89 Jewett Avenue. Market on Main, Inc. owns property in the surrounding area. They would like to purchase the above referenced properties in order to maintain them, help improve the area and possible future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Eighty -Five Cents ($.85) per square foot. Mr. Wolfe on behalf of Market on Main, Inc. has agreed and is prepared to pay One Thousand Five Hundred and Seventy Five Dollars ($1,575); Seventy Cents ($70) per square foot for the each parcel for a total of Four Thousand Seven Hundred Twenty -Five Dollars ($4,725) the above referenced three (3) properties. 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 19 Brewster, 29 Brewster and 89 Jewett Avenue in the amount of Four Thousand Seven Hundred Twenty -Five Dollars ($4,725) to Market on Main, Inc. 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. 1097 REQUEST TO USE ST. JOHN BAPTIST CHURCH CITY OWNED VACANT LOT -1412 JEFFERSON (MAS) St. John Baptist Church Request to Use City -Owned Vacant Lot Located at 1412 Jefferson, South Corner Woodlawn Lot Size: 96 x 100 The Office of Strategic Planning, Division of Real Estate, has received a request from St. John Baptist Church to use 1412 Jefferson for their annual tent revival from July 15, 2014 through July 17 2014. The Land Use Planning Committee was contacted and they have no objections providing: 1. St. John Baptist Church obtains and provides to City proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. 2. St. John Baptist Church restores the property to its pre- existing condition in a manner satisfactory to the City. 3. St. John Baptist Church applies for a Special Use Permit and /or any other permits, terms and conditions that are deemed necessary by the City. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions and any other terms and conditions that the City of Buffalo deems necessary. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 20, 2014, be received and filed; and That the Common Council hereby approves the request of St. John Baptist Church to use 1412 Jefferson Avenue for their annual tent revival from July 15, 2014 through July 17, 2014 upon the following conditions: • St. John Baptist Church obtains and provides to the City of Buffalo proof of insurance in the amount of $1,000,000.00, naming the City of Buffalo as additional insured; • St. John Baptist Church restores the property to its preexisting condition in a manner satisfactory to the City of Buffalo; and • St. John Baptist Church applies for a Special Use Permit and /or any other permits, terms and conditions that are deemed necessary by the City. PASSED AYES 9, NOES 0 NO. 1098 APPOINT SENIOR ADMINISTRATIVE ASSISTANT(PERM)(INTER)(CASH) Certificate of Appointment Appointment effective 5/19/14 in the Department of Mayor's Office of Strategic Planning Division of Real Estate to the Position of Senior Administrative Assistant Permanent Promotional Intermediate Starting Salary of $50,024 Joelle Cash, 346 Villa Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO. 1099 AUDIT REPORT ON THE PAYROLL PROCEDURES OF THE DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING Attached please find the Audit Report on the Payroll Procedures of the Department of Community Services & Recreational Programming, including the response from the department. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1100 CERTIFICATE OF NECESSITY - COMMON COUNCIL Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $107,755.00 be transferred and reappropriated as set forth below: From: 10112001 - 411001 Councilmember #11 Salary $ 4,588.00 10102001 - 412002 Legislative Hourly $ 102,627.00 10110004 - 458001 Legislative Councilmember #9 Transportation $ 55.00 10110004 - 458002 Legislative Councilmember #9 Meals $ 355.00 10110004 - 458003 Legislative Councilmember #9 Registration $ 130.00 To: 10220006 - 434004 Common Council Neighborhood Initiatives$ 107,755.00 RECEIVED AND FILED NO. 1101 BOUND ACCOUNT CLOSEOUTS The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed quickly and binding commitments for the completion of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance law — Section 165.00) The attached list replaces the list submitted to the council on May 7, 2014. The accounts listed on the attachment have either: 1) A balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Unencumbered Account # Account Name Balance Total Various -See Attached Various -See Attached $241,452.70 Mr. Smith moved: That the above communication from the Comptroller, dated May 22, 2014, be received and filed; and That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described in the above communication. PASSED AYES 9, NOES 0 NO. 1102 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is up and operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $500,000 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000- General Fund To: 2505 - Special Revenue Fund - State - BENLIC Grant Grant Title: Community Revitalization Initiative GRANT AGENCY: Buffalo Erie Niagara Land Improvement Corporation GRANTAMOUNT: $1,000,000.00 LOAN AMOUNT: Maximum of $500,000.00 Estimated Date of Repayment: July 2015 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated May 15, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $500,000.00 for the Community Revitalization Initiative, Buffalo Erie Niagara Land Improvement Corporation (BENLIC) Grant. The loan is payable at the date of reimbursement. PASSED AYES 9, NOES 0 NO. 1103 FOLLOW UP TO 2013 AUDIT REPORT ON COMMON COUNCIL DISCRETIONARY FUNDS The Department of Audit and Control has implemented an internal policy to revisit the findings and recommendations of each audit report one year after it has been filed. This provides an opportunity to check on whether the recommendations have been followed, and to what extent. Attached please find the Follow Up to the 20 13 Audit Report on Common Council Discretionary Funds. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1104 NOTIFICATION SERIAL # 10495 INSTALL NO PARKING ON WEST FERRY STREET, NORTH SIDE BETWEEN A POINT 300 FEET EAST OF THE EAST CURB OF ELMWOOD AVENNE AND A POINT 64 FEET EAST THEREFROM (DELAWARE DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Ferry Street, north side At all times between a point 300 feet east of the east curb of Elmwood Avenue and a point 64 feet east therefrom This action is being taken to provide safer ingress and egress of the driveway for the apartment building at #666 West Ferry Street. RECEIVED AND FILED NO. 1105 CHANGE IN CONTRACT #93001124 BRODERICK PARK IMPROVEMENT JOB NO. 1285 1 hereby submit to Your Honorable Body the following change for the Broderick Park Improvements Contract #93001124: This change includes labor and materials required to fulfill unforeseen miscellaneous projects along with an additional hydrant required by the Buffalo Water Authority. The foregoing change results in a net increase in the contract of Six Thousand Two Hundred Fifty dollars and 00/100 ($6,250.00) Summary: Original Contract Amount $1,100,200.00 Amount of this Change Order 6,250.00 Revised Contract Amount $1,106,250.00 The cost has been reviewed by Nussbaumer & Clark (Engineers) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funding for this increase will be available in 32140006 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated May 16, 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 $6,250.00 (Original Contract Amount $1,100,200.00 + Change Order #1 $6,250.00 for a Revised Contract Amount of $1,106,250.00) for the Broderick Park Improvements, C #93001124, to Nussbaumer & Clark (Engineers). Funding is available in Account #32140006 - 445100. PASSED AYES 9, NOES 0 NO. 1106 CHANGE IN CONTRACT CONTRACT #H0000189 JFK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR38- 10204 1 hereby submit to Your Honorable Body the following change for the JFK Community Center Rehabilitation Project, WC Roberson Plumbing & Construction Company, Inc., Contract #H0000189. 1. Installation of 8 feet of Rittling heating enclosure - $993.30 2. Remove and install exhaust fan in gym — 1,656.00 3. Relocation of AC line through roof — 1,299.37 The foregoing change results in a net increase of Nine Hundred Fifty Eight Dollars and 67/100 ($958.67) plus a contingency of $1,000.00 for a total increase amount of One Thousand Nine Hundred Fifty Eight Dollars and 67/100 ($1,958.67). Summary: Original Approved Amount $ 32,890.00 Amount of this increase $ 1,958.67 Revised Amount $ 34,848.67 Cost 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 CH9R201 7 — 47000 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated May 21, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $1,958.67 (Original Contract Amount $32,890.00 + Change Order #1 $1,958.67 for a Revised Contract Amount of $34,848.67) for the JFK Community Center Rehabilitation Project, C #H00000189. to WC Roberson Plumbing & Construction Company, Inc. Funding is available in Account #CH9R2017 - 47000 - Buildings. PASSED AYES 9, NOES 0 NO. 1107 CHANGE IN CONTRACT #93001298 PAINTING OF STREETLIGHTS CITYWIDE GROUP #761 E &M STAR PAINTING INC. ITEM #21 OF CCP 09/18/2012 1 hereby submit to Your Honorable Body the following change order for the above named project. E &M Star Painting Inc. is the company hired to paint rested and chipped street light poles in the City of Buffalo. This increase is necessary for the continuation of painting street light standards throughout the remainder of the year pending a new contract. I respectfully certify that this increase to the unit prices approved by the Common Council on 9/18/i2 Item #21 is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase to contract #93001298. The funds are available in account 13116006- 443100. Original Contract $186,451.65 Increase in Contract $ 39,427.00 Total Contract to Date $225,878.65 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated May 14, 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 $39,427.00 (Original Contract Amount $186,451.65 + Change Order #1 $39,427.00 for a Revised Contract Amount of $225,878.65) for the Painting of Streetlights Citywide, C #93001298, to E &M Star Painting Inc. Funding is available in Account #13116006- 443100. PASSED AYES — 9 NOES — 0 NO. 1108 INCREASE IN ENCUMBRANCE AUTUMNWOOD SENIOR COMMUNITY CENTER REHABILITATION PROJECT CDBGFUNDED YEAR 37 -03200 NO. 29 CCP 11/26/13, NO. 752 CCP 4/15/14 1 hereby submit to your Honorable Body the following increase for the Autumnwood Senior Community Center Rehabilitation Project Progressive Roofing, Inc. Contract# H0000175. Alternates could not be funded at the time of original bid. Additional funds have been sort from projects that came in under the projected amounts through the amendments to the 2013 -2014 CDBG Annual Action Plan previously approved by the Common Council. Alternat# 1 Gabies Roof Rehab $32,000.00 Alternate# 5 Handicap Assist Door Operators $6,000.00 Alternate# 6 Data outlets /communication wiring $6,000.00 Alternate# 7 Contingency allowance $5,000.00 The foregoing change results in a net increase of Forty Nine Thousand Dollars and 00/100($49,000.00). Summary Original Approved Contract $58,000.00 Amount of this increase $49,000.00 Revised Amount $107,000.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in CG9E2007- 47000 - Buildings Mr: Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 21, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in an amount not to exceed $49,000.00 (Original Contract Amount $58,000.00 + Change Order #1 $49,000.00 for a Revised Contract Amount of $107,000.00) for the Autumnwood Senior Community Center Rehabilitation Project, Contract #H0000175, with Progressive Roofing, Inc. Funds are available in Account #CGgE2007-47000- Buildings. PASSED AYES — 9 NOES — 0 NO. 1109 PERMISSION TO ACCEPT FUNDS FROM NYS CHIPS Permission is hereby requested from Year Honorable Body to accept $4,072,872.29 from the NYS Consolidated Local Streets and Highway Improvement Program ( CHIPs) for State FY 14 -15. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 14, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of funds in the amount of $4,072,872.29 from the New York State Consolidated Local Streets and Highway Improvement Program ( "CHIPS') for State FY 14 -151 PASSED AYES — 9 NOES — 0 NO. 1110 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE NEXT PHASE OF SECURITY IMPROVEMENTS FOR THE COLONEL WARD TREATMENT FACILITY AND WATER SYSTEM I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire CDM Smith as consultant to provide engineering services to update the Vulnerability Assessment for the Division of Water and for study, design and construction phase services for the next phase of security improvements. The consultant was chosen through a Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $110,000.00. The funds are available in Division of Water account(s) 53230816 445100, an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 19, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire CDM Smith as a consultant to provide engineering services to update the Vulnerability Assessment for the Division of Water and for study, design and construction phase services for the next phase of the security improvements for the Colonel Ward Treatment Facility and Water System. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water Account #53230816 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1111 PERMISSION TO ENTER INTO AGREEMENTS WITH ARMY CORPS OF ENGINEERS AND FOR THE STUDY, DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECTION OF SQUAW ISLAND /BRODERICK PARK IMPROVEMENTS CITY OF BUFFALO, COUNTY OF ERIE NIAGARA DISTRICT The City of Buffalo has completed over $2.5 million in recent improvements to Squaw Island /Broderick Park for the design, construction, administration and inspection of rehabilitation projects and continues with the following projects: - Broderick Park Master Plan Implementation (all phases) -Sec 103 Broderick Park (Squaw Island) Determination of Federal Interest - Buffalo River 204: Beneficial Use for Dredged Material at Squaw Island Park In order to move these projects forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the ARMY CORPS OF ENGINEERS. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, administration and inspection and 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 May 21, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Army Corps of Engineers for the design, construction, administration and inspection of the Squaw Island /Broderick Park improvements. PASSED AYES — 9 NOES — 0 NO. 1112 PERMISSION TO ENTER INTO AN AGREEMENT WITH MXL ENVIRONMENTAL SERVICES LLC FOR HOUSEHOLD HAZARDOUS WASTE REMOVAL SERVICES. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to enter in an agreement with MXI Environmental Services LLC for household hazardous waste removal services at the City of Buffalo sponsored household hazardous waste collection events. Funds for this contract are available is in #52002606- 442100, and /or an account (s) to be named at a later date. The City of Buffalo will utilize Erie County Bid # 214063 -002 which provides the following pricing from April 1, 2014 through March 31,2015: Personnel Rate /Unit Supervisor No charge Technicians No charge Analytical (Waste Characterization Transportation and Disposal Solvent Paint Latex Paint Paint Sludge Lab Packs(acids /based /oxidizers Pesticides Flammable Liquids(other than paint) PCB Paint Resins /Adhesives Aerosols (paints) Aerosols (pesticides) Dry cell batteries Propane Cylinders Mercury Fluorescent Tube light bulb $350 per sample $115.00/55 gallon drum $255.00 /cubic yard box $75.00/55 gallon drum $235.00 /cubic yard box $115.00/55 gallon drum $255.00 /cubic yard box $190.00/55 gallon drum $500.00 /cubic yard box $1.10 /pound $115.00/55 gallon drum $255.00 cubic yard box $115.00/55 gallon drum $255.00 /cubic yard box $85.00/55 gallon drum $255 /cubic yard box $100.00/55 gallon drum $300 /cubic yard box $100.00/55 gallon drum $300 /cubic yard box $150.00/55 gallon drum $50.00/5 gallon pail $10 /unit $10 /pound $125.00/5 gallon pail $.04 /foot Compact Fluorescent bulb $1.00 /unit Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 12, 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 MXI Environmental Services LLC for household hazardous waste removal services at the City of Buffalo- sponsored household hazardous waste collect events. Funds for this contract are available in Account #52002606- 442100, and /or an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1113 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; PERMISSION TO RECEIVE BIDS FROM CONSTRUCTION CONTRACTORS AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, BSA, ARMY CORPS OF ENGINEERS AND BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION [: AND INSPECTION OF THE WEST FERRY ST. BASCULE BRIDGE REHABILITATION PROJECT CITY OF BUFFALO, COUNTY OF ERIE NIAGARA DISTRICT #21 OF MAR. 16, 2010 The NYSDOT and the City of Buffalo have designated $8.628M for the design, construction, administration and inspection of West Ferry St. Bascule Bridge Rehabilitation Project. 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, ARMY CORPS OF ENGINEERS and Buffalo Water Board. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, administration and inspection and 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 May 21, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, New York State Department of Transportation, Niagara Frontier Transportation Authority, Buffalo Sewer Authority, Army Corps of Engineers and the Buffalo Water Board for the design, construction, administration and inspection of the West Ferry Street Bascule Bridge Rehabilitation Project. PASSED AYES — 9 NOES — 0 NO. 1114 PERMISSION TO HIRE FOR OLIVER HAZARD PERRY SCULPTURE AGREEMENT BETWEEN CITY OF BUFFALO AND INTERNATIONAL CHIMNEY CORPORATION Request for Proposals were publicly announced January 24, 2014 and I received the following formal sealed proposals for the Oliver Hazard Perry Statue work, which was publicly opened on March 4, 2014. The following proposal was received: Company Proposal international Chimney Corporation $139,000.00 55 South Long Street Williamsville, NY 14221 Conservation of Sculpture & Objects Studio, Inc. $534,800.00 900 S. Des Plaines Ave. Forest Park, IL 60130 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that International Chimney Corporation, with a total bid of One Hundred Thirty Nine Thousand, and 00/100 ($139,000.00), is the lowest responsible proposer in accordance with the scope of services. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and International Chimney Corporation to provide professional services necessary for restoration of Oliver Perry Statue work. Funds for this work are available in Bond Fund Account #35403606- 445100 & 37403606- 445100. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 14, 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 International Chimney Corporation to provide professional services necessary for restoration of the Oliver Hazard Perry Sculpture work. The contractor was chosen through a Request for Proposals (RFP) process. Funds for this work are available in Bond Fund Account #35403606- 445100 and 37403606- 445100. PASSED AYES — 9 NOES — 0 NO. 1116 REPORT OF BIDS CITY -WIDE CURB AND SIDEWALK REPLACEMENT 2014 GROUP 790 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase P & J Construction $1,175,353.60' $1,292,888.96' 709 Pleasant View Dr Lancaster. NY 14086 Campobello Construction Co. Inc $1,394,208.00' $1,533,628.80' 23 Stradford Rd Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is P &J Construction I respectfully recommend a contract award in the amount of $1,292,888.96($1,175,353.60 - base bid+ $117,535.36 -10% Unit price increase $1,292,888.96 -Total Contract Award). Funds for this contract are available in #36315506- 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $1,000,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 5, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 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 City -wide Curb and Sidewalk Replacement 2014 with P &J Construction, with a total contract amount of $1,292,888.96 ($1,175,353.60 -Base Bid + $117,535.36 -10% unit price increase for a total contract amount of $1,292,888.96). Funds for this contract are available in Account #36315506- 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1116 REPORT OF BIDS COCA COLA FIELD SEATING REPLACEMENT JOB #1327 FILLMORE DISTRICT I ASKED FOR ON April 15, 2014 and received the following formal sealed bids for the Coca Cola Field Seating Replacement, which were publicly opened and read on May 13, 2014 Base Bid Alt# 1(Add) Patterson Stevens $729,660.00 $28,755.00 Trason Development Corp $810,000.00 $75,000.00 Highland Masonry & Restore $874,000.00 $20,000.00' Non - Responsive Bidder I hereby certify that the foregoing is a true and correct statement of all bids received and that Patterson Stevens, with a base bid of $729,660.00, and alternate of $28,755.00, for a total bid of Seven Hundred Fifty Eight Thousand Four Hundred Fifteen and 00/100 dollars($758,415.00) 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 and Streets to order on the basis of the lowest responsible bidder. Funding for this project is available in Account No 34323606 445100, 35323106 445100, 35324706 445100, and 36324706 445100 - Buildings Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 21, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Coca -Cola Field Seating Replacement with Patterson Stevens, with a total bid amount of$758,415.00 ($729,660.00 -Base Bid + $$28,755.00 - Alt. #1 for a total contract amount of $758,415.00). Funds for this contract are available in Accounts #34323606 445100, 35323106 445100, 35324706 445100 and 36324706 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1117 REPORT OF BIDS DUDLEY LIBRARY HVAC UPGRADES JOB #1410 SOUTH DISTRICT I asked for on March 18, 2014, and received the following formal sealed bids for Dudley Library HVAC Upgrades, which were publicly opened and read on May 6, 2014. Base Bid - DV Brown Associates $221,400.00 MLP Plumbing & Mechanical, Inc. $263,000.00 Colgate Industries No Bid JW Danforth No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that DV Brown Associates, with a Base Bid of $221,400.00, for a total bid of Two Hundred Twenty One Thousand Four Hundred and 00/100 Dollars ($221,400.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Account No. 33321006 445100 and Account No. 35328406 445100 - Buildings, and the 2013 Authorized Capital Improvement Program ($400,000.00); unissued waiting for account number. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 21, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Dudley Library HVAC Upgrades with DV Brown Associates, with a base bid of $221,400:00. Funds for this project are available in Accounts #33321006 445100 and 35328406 445100 - Buildings and the 2013 Authorized Capital Improvement Program. PASSED AYES — 9 NOES — 0 I ASKED FOR ON March 18 read on May 6, 2014. DV Brown Associates MLP Plumbing NO. 1118 REPORT OF BIDS - CORRECTION ENGINEERING GARAGE HVAC CONTROLS JOB #1309 SOUTH DISTRICT NO. 998 -21 CCP 5/13/14 2014, and received the following formal sealed bids for Engineering Garage HVAC Controls, which were publicly opened and Base Bid Alt #1 (Add) Alt #2 (Add) $280,000.00 $17,400.00 $30,000.00 $288,000.00 $33,700.00 $41,200.00 Colgate Industries No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that DV Brown Associates, with a Base Bid of $280,000.00, for a total bid of Two Hundred Eighty Thousand and 00/100 Dollars ($280,000.00) 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 Account No. 33321506 445100 - Buildings, and the 2013 Authorized Capital Improvement Program ($400,000.00); unissued waiting for account number. Mr. Smith moved That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 21, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Engineering Garage HVAC Controls with DV Brown Associates, with a base bid amount of $280,000.00. Funds for this project are available in Accounts #33321506 445100 - Buildings and the 2013 Capital Improvement Program. PASSED AYES — 9 NOES - 0 NO. 1119 REPORT OF BIDS - CITY -WIDE MILL AND OVERLAY 2014 (DPW) GROUP 793 -A In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid The following bids were received Desto & Brothers Concrete Co 411 Ludington Ave Buffalo, NY 14206 Amherst Paving Inc 330 Meyer Rd Amherst, NY 14226 Zoladz Construction Co. Inc 13600 Railroad St Buffalo, NY 14004 Base Bid Base Bid + 10% Unit Price Increase $3,685,419.15' $4,053,961.07' $3,813,760.65 $4,997,569.56' $4,195,136.72 $5,497,326.52' I hereby Certify that the low bidder for the above project is Destro & Brothers Concrete Company. I respectfully recommend a contract award in the amount of $ 4,053,961.07($3,685,419.15 -Base Bid +$368,541.92 -10% unit price increase = $4,053,961.07 — Total Contract Amount). Funds for this contract are available in #36315506- 445100, and an account to be named at a later date. The engineer's estimate for this work is $4,000,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 5, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 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 City -wide Mill and Overlay 2014 with Destro & Brothers Concrete Company, with a total contract amount of $4,053,961.07 ($3,684,419.15 -base bid + $368,541.92 -10% unit price increase for a total contract amount of $4,053,961.07). Funds for this project are available in Accounts #36315506- 445100 and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1120 REPORT OF BIDS - CITY -WIDE SITE SPECIFIC CONCRETE REPLACEMENT 2014 GROUP 791 (DPW) In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be bused on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase P &J Construction $682,115.00' $750,326.50' 709 Pleasant View Dr. Lancaster, NY 14086 Campobello Construction Co. Inc. $775,210.00 $852,731.00 23 Stratford Rd. Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is P &J Construction. I respectfully recommend a contract award in the amount of $750,326.50 ($682,115.00 -Base Bid +$68,211.50-10% unit price increase = $750,326.50 - Total Contract Amount) . Funds for this contract are available in #36315506- 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $525,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 5, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 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 City -wide Site Specific Concrete Replacement 2014 with P &J Construction, with a total contract amount of $750,326.50 ($682,115.00 -base bid + $68,211.50 -i0% unit price increase for a total contract amount of $750,326.50). Funds for this contract are available in Account #36315506- 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1121 REQUEST PERMISSION TO ACCEPT DONATION OF SUPPLIES AND MATERIALS FROM VARIOUS ORGANIZATIONS FOR DIVISION OF PARKS AND RECREATION OPERATED RECREATION CENTERS Permission is hereby requested from Your Honorable Body to accept donation of supplies and materials to be used for programming at Division of Parks and Recreation operated recreation centers: Organization Donation Amount Jr. Sabres Pizza $120 Buffalo Bisons Tickets $300 P.A.L. of Buffalo Ads & Crafts $385 Pizza, T- Shirts Your consideration toward this request is greatly appreciated. Andrew R. Rabb, Deputy Commissioner, Parks& Rec Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 6, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept donation of supplies and materials to be used for programming at Division of Parks and Recreation operated recreation centers from the following: Organization Donation Amount Junior Sabres Pizza $120.00 Buffalo Bisons Tickets $300.00 PAL of Buffalo Arts & Crafts $385.00 Pizza, and t- shirts PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 1122 ACCEPTANCE OF DONATION - $500.00 TO POLICE HONOR GUARD A private citizen, Ms. Peggy Olm, the daughter of retired Police Officer John Rybicki, wishes to make a $500 donation to the Buffalo Police Honor Guard. Officer John Rybicki recently passed away, and according to his last wishes, the Buffalo Police Honor Guard was requested and per letter received from Ms. Olm, "the ceremony presented by the Honor Guard was as beautiful as my Father had recounted to me ". Their presence allowed Ms. Olm the opportunity to fulfill her father's last wishes and pay tribute to the profession he dearly loved. For these reasons, Ms. Olm is requesting permission to make the $500 donation to the Honor Guard so they may carry out their mission. If approved, the funds will be placed in special revenue account #71000000 210020 and a request of items needed will be given by the Honor Guard so the purchase may be completed. The Buffalo Police Department hereby requests approval from your Honorable Body to accept this donation. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated May 12, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation of $500.00 to the Buffalo Police Honor Guard. The funds will be placed in Account #71000000 210020. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1123 FOOD STORE(NEW) 414 EAST AMHERST(UNIV) 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 414 EAST AMHERST ( Amhed Alhoqobie, Ariel Ahmed, & Mahmood Mossa /FOOD PLUS MARKET LLC) 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 Department of Permits and Inspection Services, dated February 24, 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 Amhed Alhoqobie, Adel Ahmed and Mahmood Mossa d /b /a Food Plus Market 2LC located at 414 East Amherst upon the following conditions: 1. Hours of store operation shah be 7:00 am to 11:00 pm Sunday- Thursday and 7:00 am to midnight Friday and Saturday unless otherwise approved by Common Council. 2. Must have working security cameras inside and outside of store with at least one camera focused on entrance way and point of sale area, with an additional cameras focused on the front perimeter of the store. The surveillance system should be registered with the Buffalo Police Department within 30 days of this signed document. All video should be stored for at least 30 days. 3. "No Loitering" signs to be posted and enforced by store employees. 4. No spray painted, hand painted or air - brushed signage or graphics on building. 5. Must have trash receptacles outside store and be maintained; all trash, store boxes, store pallets etc. should be stored in a dumpster out of the public sight and should be picked up regularly to prevent the attraction of rodents. 6. No outside signage advertising tobacco, gambling (lottery), or alcohol. 7. No selling of loose items, i.e. cigarettes, diapers, etc. 8. No selling of Drag Paraphernalia of any type 9. No payphones outside of store. 10. All windows should be clean and free of dirt, grime and debris; no block windows. 11. All mechanical equipment must be in working order. 12. All broken windows must be repaired within 72 hours 13. No smoking in building. 14. Any graffiti must be removed within 72 hours 15. No vehicles to be parked on sidewalks. 16. Snow should be shoveled around store grounds; snow should also be removed from fire hydrants as stated in the city ordinance; and around bus stops as part of good customer service for our district as business owners. 17. All store items should be price marked; and a receipt should be available for customers upon request. 18. No expired food is to be sold. 19. No selling of prepared food without proper Erie County Health Department License's 20. Store hours should be posted clearly for public view. 21. Store address clearing posted in front of building clearly for public view. PASSED AYES 9, NOES 0 NO. 1124 USED CAR DEALER 321 HAMPSHIRE (NIAGARA) 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 321 HAMPSHIRE 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 EL SADIG BISHARA. The attached thereto for EL SADIG BISHARA /dba /AFRICAN BUSINESS. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1125 USED CAR DEALER 303 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 303 HOPKINS 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 ROBERT GILSON JR. The attached thereto for ROBERT GILSON JR /dba /ARG AUTO SALES. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1126 USED CAR DEALER 2214 GENESEE (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 2214 GENESEE and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of MOHAMMED MEMON. The attached thereto for MOHAMMED MEMON /dba /I K MOTORS INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PARKING NO. 1127 NEW TRUCK PURCHASE Permission is requested to purchase new pickup truck for Parking Enforcement use. We would be taking a 1999 Dodge off the road and out of our fleet. Our fleet is very old, many vehicles have more than 100,000 miles on them. The truck we would like to purchase is from Award 22737 Lot 1 #10: PICK UP TRUCK MEDIUM DUTY4 X 4 LONG BOX, REGULAR CAB FFV FORD F250 (F2B XL) PC 66390. Cost of the vehicle is $21,899.00. We do have the funds available in our budget line 11413007 - 474200. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 1128 APPLICATION FOR RESTRICTED USE PERMIT 75 W. CHIPPEWA 6/6/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Lux Business Address: 75 W. Chippewa Name of Event Lux Friday Is This a one -time event Yes Date of event 6/6/2014 Number of people 300 -350 Start time & end time Start 10PM End 3AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1129 APPLICATION FOR RESTRICTED USE PERMIT 75 W. CHIPPEWA 6/20/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Lux Business Address: 75 W. Chippewa Name of Event Lux Friday Is This a one -time event Yes Date of event 6/20/2014 Number of people 350 -400 Start time & end time Start 10PM End 3AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1130 APPLICATION FOR RESTRICTED USE PERMIT 69 W. CHIPPEWA 6/19/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Kevin Nightingale (Bottom's Up) Business Address: 69 W. Chippewa Name of Event Spring Fling Is This a one -time event Yes Date of event 6/19/2014 Number of people 100 -150 Start time & end time Start 10PM End 4AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1131 APPLICATION FOR RESTRICTED USE PERMIT 69 W. CHIPPEWA 6/26/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Kevin Nightingale (Bottom's Up) Business Address: 69 W. Chippewa Name of Event Kick off the Summer Is This a one -time event Yes Date of event 6/26/2014 Number of people 100 -150 Start time & end time Start 10PM End 4AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1132 APPLICATION FOR RESTRICTED USE PERMIT 69 W. CHIPPEWA 7/10/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Kevin Nightingale (Bottom's Up) Business Address: 69 W. Chippewa Name of Event Sizzling Summer Is This a one -time event Yes Date of event 7/10/2014 Number of people 100 -150 Start time & end time Start 10PM End 4AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1133 APPLICATION FOR RESTRICTED USE PERMIT 69 W. CHIPPEWA 7/24/2014 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continue presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant: Kevin Nightingale (Bottom's Up) Business Address: 69 W. Chippewa Name of Event X -Mas in July Is This a one -time event Yes Date of event 7/24/2014 Number of people 100 -150 Start time & end time Start 10PM End 4AM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1134 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 13 E. Mohawk J's Casa Di Pizza Jamie Jacobi 334 Delaware Waiting Room Buffalo NY Chris Ring 175 Allen Allen Burger Venture Robert Heil 333 Franklin Blood & Sand Blood & Sand RECEIVED AND FILED NO. 1135 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police — Linda McDonald, Jamillah Davis, Deborah Daniel RECEIVED AND FILED NO. 1136 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 1137 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 5/12/14 in the Department of Fire Division of Fire to the Position of Communication Specialist Provisional Open- Competitive minimum starting salary of $24,212 Kevin Lester, 805 West Ferry, Buffalo 14222 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1138 J. ANDERSON - COMMUNITY INVOLVEMENT INFLUENCES POLICY DECISIONS Community Involvement Influences Policy Decisions: Victories of a Community -Based Participatory Research Partnership Judith Anderson, BA, State University of New York at Buffalo, 2495 Main Street, Suite 462, Buffalo, NY 14214, 716 - 829 -3501, judithma @buffalo.edu, Edith M. Williams, PhD, MS, Institute for Partnerships to Eliminate Health Disparities, University of South Carolina, 220 Stoneridge Drive, Suite 208, Columbia, SC 29210, Janice White, True Bethel Baptist Church, 907 East Ferry St, Buffalo, NY 14215, Laurene Tumiel - Berhalter, PhD, Department of Family Medicine. State University of New York at Buffalo, 173 CC, ECMC, 462 Grider Street, Buffalo, NY 14215, and Rhonda Lee, Toxic Waste /Lupus Coalition, 590 Bissell Ave, Buffalo, NY 14211. This presentation summarizes accomplishments of a community -based participatory research (CBPR) partnership. In 2000, the Toxic Waste /Lupus Coalition approached scientists at the University at Buffalo (UB) about the number of their neighbors who had been diagnosed with u pus and other autoimmune diseases and whether it could be linked to the presence of a toxic waste Superfund site in the area. The Buffalo Lupus Project, a CBPR partnership between the Toxic Waste /Lupus Coalition and UB, was formed to address these questions. A major accomplishment of the partnership was successful advocacy for site clean -up. Prior to the Department of Environmental Conservation (DEC) public meeting on remediation of the 858 East Ferry Superfund site, a newsletter was disseminated to over 500 community members in an effort to educate them about the site and remediation options and encourage them to participate in the meeting, voice concerns, and ask questions. Over 50 people attended the meeting, and the remediation plan suggested by the community was adopted by the DEC. Additionally, when the Erie County Legislature canceled the childhood lead poisoning testing program in Buffalo, MY, the Toxic Waste /Lupus Coalition got over 27 block clubs, churches, community organizations, and environ mental organizations to sign on to a letter and 1000 community members to call County legislators requesting that they replace the funding. The Coalition also held a press conference with 12 experts on lead and its environmental and health impacts. Within one week, the funding was restored. This shows how coordinated community efforts can substantially influence health legislation. Learning Objectives: • This presentation summarizes accomplishments of a community -based participatory research (CBPR) partnership and emphasizes how coordinated community efforts can substantially influence health legislation. Keywords: Community Involvement, Public Policy Presenting author's disclosure statement: Any relevant financial relationships? No Any institutionally - contracted trials related to this submission? I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off -label or experimental uses of a commercial product or service discussed in my presentation. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1139 M. BROWN- REQUEST SUPPORT OF PRAYER CIRCLE IN NIAGARA SQUARE -JUNE 2014 Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1140 BUFFALO WATER BD REPORT -APRIL 2014 Copy available for review in the city Clerk's Office RECEIVED AND FILED NO. 1141 LP CIMINELLI -BD PACKET DOCUMENTS -MAY 2014 Attached are the following documents from the Joint School Board meeting scheduled on May 5, 2014: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated March 3, 2014 and February 3, 2014 - Revised 3. Phase III Application and Certificate for Payment No. 65 - March 2014 4. Phase V Application and Certificate for Payment No. 52 - March 2014 5. Phase V Application and Certificate for Payment No. 53 - April 2014 6. A. Memo for the Proposed Assignment of Hewlett Packard Subcontract for Phase V DWT B. Response Memo to JSCB Members Questions C. Resolution: Approval of Change to Services Under Phase V MDCA 7. Program Packaging and Development Services (PPDS) Provider Update REFERRED TO THE SPECIAL COMMITEE ON EDUCATION NO. 1142 M. D'AMICO- CONCERNS PARKS DEPT OPERATIONS To the members of the Common Council: Please allow me to address some issues our company, Milesports is having with the Buffalo parks department. These are ongoing problems that are hurting the overall experience for all people who use the Parks for organized recreation. Scheduling is a mess Monies have disappeared from the applications department Contracts are being ignored Most importantly Policies that the Parks department personnel say exist cannot be produced. Thank you Michael A. Damico REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS NO. 1143 J. GOLOMBEK- CONCERNS BUFFALO LYFT DRIVERS Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1144 M. JASKULA -I. TRASCHEN -DMV RESPONSE VEHICLE & TRAFFIC LAW Mr. Mark Jaskula, Legislative Assistant Common Council City of Buffalo 65 Niagara Square -Room 1413 Buffalo, New York 14202 -3318 Dear Mr. Jaskula: Commissioner Fiala has forwarded your letter of May 16, 2014, regarding for -hire insurance requirements to Counsel's Office for reply. It would not be appropriate for the Department of Motor Vehicles to comment on whether a particular company has committed a violation of the Vehicle and Traffic Law (VTL) or the Commissioner's Regulations, particularly since we do not have all of the information about this matter. In addition, we defer to the Department of Financial Services about issues related to insurance fraud. Section 370(1) of the Vehicle and Traffic Law does require a "person, firm, association or corporation engaged in the business of carrying or transporting passengers for hire in any motor vehicle" to have for -hire insurance policy set forth in such section. If an entity fails to carry such insurance, when appropriate, a law enforcement officer may issue a ticket for a violation of such section of law. If the entity made a false statement on an application for registration, such entity could be prosecuted in a court of law or be subject to a false statement hearing, pursuant to VTL §392, before a DMV Administrative Law Judge. Section 501 (2)(a)(v) of the VTL provides: "(v) Class E. Such license shall be valid to operate only vehicles which may be operated with a class D license, except that in addition it shall be valid to operate any such motor vehicle, other than a vehicle defined as a bus in subdivision one of section five hundred nine -a of this chapter, used to transport up to fourteen passengers for hire." Under this section, the operator of a taxi or livery must hold a class E license. The VTL requires that all motor vehicles operating in this State carry the appropriate insurance. We share your concern that motor vehicles carrying passengers for compensation carry for -hire insurance and that the operators of such vehicles carry the appropriate license. Thank you for seeking the Department's comments on this important matter. Very truly yours, Ida L. Traschen First Assistant Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1146 J. KINBAUM- APPEAL PRES DECISION - VERIZON COMMUNICATONS -66 FRANKLIN ST Mr. Darius G. Pridgen- Council President Buffalo Common Council 1408 City Hal Buffalo, NY 14202 Appeal of City of Buffalo Historic Preservation Board Decision Verizon Communications - Facility Modifications 65 Franklin Street Buffalo, NY 14202 Dear Council President Pridgen: Please accept this letter as the formal appeal by our client and owner of the building in question. Verizon Communications, of the decision by the City of Buffalo Historic Preservation Board on May 8, 2014 to deny approval of a project undertaken by Verizon to upgrade and modify their 65 Franklin Street facility. GHD is providing the engineering services for the project for Verizon. We are enclosing the following documents to provide a better understanding of the situation and our appeal, and to provide options to modify the project. Exhibit A Historic Preservation Board meeting minutes of May 8, 2014 Exhibit B- Aerial view of building and block Exhibit C- Currently designed floor plan Exhibit D- North building facade Exhibit E- East Building facade Exhibit F- South Building facade Exhibit G- West building facade Exhibit H- Proposed modified floor plan Exhibits I and J- Proposed modified building facades The project involves significant interior modifications and installation of equipment on the existing 7 th floor to support an upgrade to Verizon's abilities to provide communications services to its clients in the region and is a significant investment in their infrastructure. To insure performance and protect their new equipment, the upgrades also include additional cooling, ventilation, and exhausting systems that require installation of louvers on the exterior of the building. The engineering drawings currently developed for the project included removal of existing windows and installation of the required louvers on the north and east facades of the building, as shown on the attached floor plan, Exhibit C. An access door for equipment installation (and future removal) was also proposed for one of the south facing facades, as shown on the attached floor plan. Exhibit C. The north facade faces Church Street and the east facade faces the west side of an existing structure which fronts on Pearl Street. One of the north facing facades where louvers were proposed to be installed for cooling units labeled DC -1 and DC -2 on the drawing, is set back from Church Street approximately 130 feet. The south facade where the access door was proposed to be installed is approximately 250 feet from W Swan Street. Exhibits D, E, F show the building facades where louvers and the access door were proposed for installation. In summary, three louvers were proposed for the north facade fronting directly on Church Street. one louver was proposed on the east facade, two were proposed on the setback north facade, and one access door was proposed to be installed on the setback south facade. The existing main 16 -story structure was originally constructed about 1911. It has been modified multiple times. Additions include a 9 -story structure that is directly connected to the original structure. Work under the project occurs in both the original structure and the 9 -story addition. At some point in the life of the facility, several louvers were installed in multiple locations on the exterior of the structure, and are still in place on portions of the east, west, and south facades and the setback north face facade. No louvers currently exist on the north facade that fronts directly on Church Street. The attached Preservation Board meeting minutes (Exhibit A) do not identify any specific part of the proposed work that is unacceptable but rejected the entire project. We contacted the Preservation Board to obtain more detailed information, but none could be provided. With the belief that the objection likely lies with any portion of the structure that directly fronts the adjacent streets, and with the intent to limit installation of louvers for any portion of the structure that can be seen from the directly adjacent streets or beyond, Verizon is proposing to modify the project as much as possible to achieve those goals, while considering both the engineering practicality and economics. As shown on the attached Exhibit H. the three louvers on the north facade directly fronting Church Street have been eliminated. This change allows this facade to remain as is and without louvers. An existing window on the south facade that is blocked from view from any street, and is adjacent to other existing louvers, will be utilized to install a new louver that will "replace" the other two louvers deleted from the north face. Exhibits I and J show the facades where these proposed louvers #1, #3 and #4 will be installed. Louver #2 is not shown because the portion of the building where it would be installed cannot be seen from street view. The access door will also be eliminated. In summary, the louvers necessary to serve this project are proposed to be installed on facades that currently have existing louvers installed, and are either setback a significant distance or have limited visibility from the street. The equipment necessary to serve the upgraded and new facilities for this project must be installed in reasonable proximity to the areas being served. It is GHD's professional opinion that locating equipment on the building roof top is not a desirable option as it creates unsightly views from adjacent building. Also, tremendous cost increases would be realized by Verizon to locate equipment on the rooftops, as ductwork and piping would need to extend down into the building to the new spaces, through several floors, This routing of duct and pipe would occur through existing equipment and personnel intensive spaces, at minimum reducing usable building space and would be very difficult to construct. The modifications proposed by Verizon are reasonable given the current conditions of the existing structure. They also preserve the original integrity and historic features of the north fagade on Church Street while allowing Verizon to upgrade their facilities and services which provides economic benefits to the City and the region. The services that Verizon provides are critical to the health, stability and competitiveness of the businesses in the region. We respectfully request the Council approve the modified plans and revers the Preservation Board determination so that Verizon can move forward with this very important project. We are available to discuss the details of the appeal or answer any questions. Please advise us of the scheduling of a public hearing on this matter. Very truly yours, GHD Consulting Services Inc. James Kinbaum Project Manager REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1146 S. KROLL -STATE LEG RESOLUTION - SUPPORT CC PLAN TO PROTECT PROPERTY OWNERS OF THE FRUIT BELT FROM RISING COSTS OF PROPERTY TAXES State of New York Legislature of Erie County Clerk's Office Buffalo, NY May 8, 2014 TO WHOM IT MAY CONCERN: I HEREBY CERTIFY, That at the 10th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the eighth day of May, 2014 A.D., a Resolution was adopted, of which the following is a true copy." A RESOLUTION SUBMITTED BY LEGISLATORS MILLER- WILLIAMS, BURKE, GRANT, LOUGHRAN, SAVAGE, DIXON, HARDWICK, LORIGO, MILLS, MORTON & RATH WHEREAS, gentrification is a shift in ma urban neighborhood toward more affluent residents and increasing property values, typically the result of investment in a community by local government, community activists, and business groups; and WHEREAS, gentrification can often spur economic development, attract business, lower crime rates, and can lead to population shift, it can also leave the native, poorer residents at risk of being displaced by new, wealthier residents; mad WHEREAS, the Fruit Belt Advisory Committee was set up to protect families who have resided in these neighborhoods for generations, from being dislocated by the ever expanding Buffalo Niagara Medical Campus, and its potential influx of students, medical workers, and developers; and WHEREAS, Buffalo Common Council President Darius Pridgen has led the fight on behalf of the residents of the Fruit Belt to protect the neighborhood that was founded by many of the residents and families that continue to live there today; and WHEREAS, the Buffalo Common Council is requesting that the Fruit Belt Advisory Committee create a sub - committee to establish their position on the gentrification of the Fruit Belt Community, and propose suggestions for addressing the concerns of this problem, including but not limited to freezing property taxes; and WHEREAS, the Common Council is also requesting that Corporation Council conduct research on the existence of any federal or state laws that would potentially block the City of Buffalo from attempting to limit property tax increases for long term residents. NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature stands in support of the Common Council's plan to protect the property owners of the Fruit Belt community from the rising costs of property taxes in their neighborhood; and be it further RESOLVED, that the Erie County Legislature commends the Fruit Belt Advisory Committee for their continuous service and the residents of the Fruit Belt community for their lifetime commitment to their neighborhood; and be it further RESOLVED, that clerk of the Legislature shall forward certified copies of this resolution to the Buffalo Common Council, and the Fruit Belt Advisory Committee. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1147 NYSDEC -ENV CLEANUP ACTIVITIES COMPLETE — 858 E. FERRY (FILL) Environmental Cleanup Activities Completed at the 858 East Ferry Street Site Site # 9 -15 -175 INTRODUCTION The New York State Department of Environmental Conservation (DEC) is pleased to announce the recent completion of environmental cleanup activities at the inactive hazardous waste disposal site located at 858 East Ferry Street in Buffalo, Erie County (see adjacent figure). Cleanup efforts at the site were completed by DEC through New York State's Superfund Program, which funds the investigation and cleanup of inactive hazardous waste disposal sites throughout the state. Cleanup costs exceeded $9.5 million. SITE BACKGROUND The East Ferry Site is a triangular shaped 21 acre area situated on the north side of East Ferry Street and zoned as industrial. The site is bordered on the north by an elevated railroad embankment, on the other side of which sit other industrial properties. Grider Street and a small store lie to the east, while true Bethel Baptist Church lies to the south. Under the Environmental Restoration Program (ERP), the City of Buffalo completed an investigation in 1997 -1998. Historic property maps showed that the Michael Heyman Company operated a zinc and lead smelting and refining facility at the property now occupied by the TNT used auto lot. High concentrations of lead were detected in the ash and fill found on the site. Based on the results of this investigation, DEC issued a Record of Decision ROD) in March 1999. The selected remedy included the excavation and off -site disposal of hazardous waste and contaminated soil. The ROD also stated that the remedy would be deferred until further investigation was conducted to the west of the site to define the extent of contamination. In 2001 and 2004, DEC conducted off -site investigations, and the results indicated that the contamination extended to the west beyond the TNT auto lot and into several other industrial and commercial properties. Based on the new data, the volume of contaminated soil was significantly larger than the volume estimated in the ROD. However, tests indicated that the compounds found in groundwater did not exceed groundwater standards. This new information prompted DEC to amend the 1999 ROD and establish more extensive clean up goals to enable unrestricted industrial /commercial use of the site consistent with current zoning for off -site properties. DETAILS OF THE SITE CLEANUP The cleanup design for the site was completed in 2006 and the contract for cleanup activities was awarded in August 2006 to National Environmental Services of Bloomington, Indiana. Environmental cleanup work at the site began in September 2006 and was completed in November 2007. All Construction work was performed under full -time oversight by URS Corporation, the engineering consultant hired by DEC. In addition, the NYS Department of Health Community Air Monitoring Plan, the DEC Health and Safety Specifications and the contractor's Health and Safety plan for the work were followed to ensure that onsite workers and the nearby community were protected during site cleanup activities. As part of the Community Air Monitoring Plan, dust levels were continuously monitored at four locations surrounding the site during excavation activities. The cleanup activities included: Excavating, treating, stabilizing and transporting 136, 234 tons of lead- contaminated soil to an offsite facility; Testing over 313 soil samples for lead and confirming achievement of cleanup goals within the excavation;. Replacing the excavations with 104,156 cubic yards of clean fill; Excavating and disposing 77 cubic yards of PCB soils at an offsite facility; Removing 51 tons of old tires and disposing them at an offsite facility; Excavating and crushing 2,231 tons of concrete and disposing it at an offsite facility; Removing 28 tons of construction and demolition (C &D'— debris and disposing it at an offsite facility; Securing the site by replacing old fence and installing over 4050 feet of new fence; Applying over 20,000 square yards of topsoil, mulch and seed to restore grass at the site; - Restoring roadways, driveways and parking areas affected by remedial work; Reinstalling 4 of the 6 groundwater monitoring wells decommissioned during the remedial work; and Removing and cleaning 2 underground storage tanks (USTs) containing fuel oil and disposing offsite. During cleanup activities, all truck traffic associated with excavation and off -site disposal activities was limited to the East Ferry Street truck route. The contractor kept the transportation route clean of all site - related soils and fill material. DEC awarded a Technical Assistance Grant (TAG) for the amount of $50,000 to True Bethel Baptist Church. The grant helped the recipient understand existing environmental data on the site, comment on remedial proposals and activities, and share information with the public. WHAT HAPPENS NEXT DEC will prepare and finalize the engineering certification report in preparation for reclassification of the site on the Registry of Inactive Hazardous Waste Disposal Sites. GroundWater will continue to be monitored, and the City of Buffalo will ensure that offsite properties remain zoned for commercial /industrial use. LOCATIONS TO VIEW PROJECT DOCUMENTS Detailed project documents are available at the locations listed below. Once finalized, a copy of the cleanup certification report will also be placed at these locations. The engineering certification report should be available by late winter 2008. East Delevan Branch Library NYS Department of Environmental Conservation 1187 East Delevan 270 Michigan Avenue Buffalo, New York 14215 Buffalo, NY 14203 (716) 896 -4433 (716) 851 -7220 (See Reference Desk) (Please call Mr. David Locey for an appointment) FOR MORE INFORMATION Your comments and questions regarding this project are welcome. Should you have any questions or concerns, you may contact the following representatives: Cleanup Related Concerns: Health Related Concerns. Mr. Jeffery Trad, P.E. Mr. David Locey Mr. Cameron O'Connor Project Manager Local Project Manager Public Health Specialist DEC Albany Office DEC Buffalo Office NYS Department of Health 625 Broadway, 12 Floor 270 Michigan Avenue 584 Delaware Avenue Albany, NY 12233 -7017 Buffalo, NY 14203 Buffalo, NY 14202 (518) 402 -9814 (716) 851 -7220 (716) 847 -4385 We appreciate your patience throughout the remediation process and trust the site will become an asset to the community. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1148 C. PERALES -NYS DEDICATING 11/75 MILLION TO ENV PROTECTION FUND LOCAL WATERFRONT REVITALIZATOIN PROGRAM (EPFL WRP) Dear Friends, As part of Governor Cuomo's continuing efforts to transform and improve New York State's economic development model, the web - based, New York State Consolidated Funding Application (CFA) for 2014 opened to applicants May 1. 1 am pleased to announce that the New York State Department of State is dedicating ;:1:1.75 million in Environmental Protection Fund Local Waterfront Revitalization Program (EPF LWRP) resources to advance community and waterfront revitalization priorities through the CFA. The Local waterfront Revitalization Program provides, on a competitive basis, matching grants to villages, towns, cities, and counties (on behalf of one or more village, town or city) located along New York's coasts or designated inland waterways, to foster community and waterfront revitalization. Program funding may support a variety of projects that would advance local or regional economic development, waterfront revitalization and community sustainability. Funding is available for the following grant categories: • Preparing or Implementing a Local Waterfront Revitalization Program. • Redeveloping Hamlets, Downtowns and Urban Waterfronts. • Planning or Constructing Land and Water based Trails. • Preparing or Implementing a Lake -wide or Watershed Revitalization Plan. • Preparing or Implementing a Community Resilience Strategy. The EPF LWRP Request for Applications and related information can be found on the Department of State's website at: http: / /www.dos.ny_.gov /funding The CFA opened May 1, 2014, and completed applications are due by 4:00 PM on June 16, 2014. Applications must be submitted through the web -based CFA. To apply or to access related CFA materials and the schedule of workshops being held across the State go to: http: / /regionalcouncils.ny.gov. REFERRED TO THE OFFICE OF STRATEGIC PLANNING NO. 1149 STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE NEGATIVE DECLARATION Dear Mr. Smith, I am requesting that the attached packet be late filed for the next Common Council meeting, scheduled for May 27, 2014. Thank you for your assistance. Sincerely, Christopher P. Scanlon South District Councilmember BY: MR. SCANLON STATE ENVIRONMENTAL QUALITY REVIEW ACT ( "SEQRA ") DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE NEGATIVE DECLARATION WHEREAS, Upstate Cellular Network d /b /a Verizon Wireless ( "Verizon Wireless ") proposes to construct and operate a wireless telecommunications facility on an existing wireless telecommunications tower (the "Existing Tower "), located at 1032 Niagara Street in the City of Buffalo, known as Tax Account No. 99.49 -6 -3 (the "Property" and collectively, the "Project "); and WHEREAS, Verizon Wireless submitted an application, dated April 9, 2014 to the Common Council for a Restricted Use Permit to extend the Existing Tower by 15' and to collocate antennas and related ground equipment on the Property; and WHEREAS, the Common Council is fully familiar with the proposed location, the surrounding parcels, and the larger neighborhood; and WHEREAS, the Project is an Unlisted Action under SEQRA and the Common Council is accordingly conducting a single agency SEQRA review of the action constituting the above - referenced Project; and WHEREAS, the Common Council has reviewed the Project and the application materials, including the Full Environmental Assessment Form, Photosimulations and Site Plan, submitted in connection with the Project. NOW, THEREFORE, be it resolved by the Common Council that: Based upon this Common Council's thorough and careful review of the Project and Verizon Wireless' application materials, including the Full Environmental Assessment Form, Photosimulations, Site Plan, and all other materials submitted in connection therewith, as well as comments from the public, the Common Council hereby determines that the Project will not result in any significant_ 2- environmental impacts and hereby issues a negative declaration for the Project pursuant to SEQRA. REASONS SUPPORTING THE NEGATIVE DECLARATION: 1. Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects: The Project will not create any adverse change in the existing air quality, water quality or noise levels, nor in solid waste production, nor potential for erosion, nor promote flooding or drainage problems. 2. Aesthetics, Agriculture, Archeology. History, Natural or Cultural Resource, Community or Neighborhood Character: The Project will not adversely affect agricultural, archeology, historical, natural, or cultural resources. The Project is a public utility which must be located as and where necessary to provide essential wireless telecommunications service. The Common Council has determined that the Project has been designed and sited responsibly so as to minimize, to the extent practicable, any visual impact the Project may have. 3. Vegetation, Fish, Wildlife, Significant, Habitats, Threatened or Endangered Species. No plant or animal life will be adversely affected by the Project. 4. Community Plans, Use of Land or Natural Resources. The Project is in keeping with the official community plans and goals and will have no adverse effects on land - use or the use of natural resources by or in the community. 5. Growth, Subsequent Development, etc. The Project will not induce any significant or adverse growth or subsequent development. 6. Long Term, Short Term. Cumulative or Other Effects. The Project will not have any significant adverse long term, short term, cumulative, or other environmental effects. 7. Critical Environmental Area. The Project will not have an impact on any Critical Environmental Area. Though the Project is proposed in the Niagara Coastal Special Review Overlay District, it involves only a 15' extension of the Existing Tower and collocation of antennas and related ground equipment on the Property. 8. Public Health and Safety. The Project will have no adverse impacts on the public health and safety. The Common Council recognizes that the Project will enable Verizon Wireless to provide reliable wireless telecommunication service to the City, enabling individuals, businesses and emergency service providers access to this essential service. Further, the Common Council finds that none of the criteria for determining significance set forth in § 617.7(c)(1)(i) -(xii) would be implicated as a result of the Project. Notice of this determination of non - significance shall be filed to the extent required by the applicable regulation under SEQRA or as may be deemed advisable by the Common Council. IN WITNESS WHEREOF, this Resolution was properly adopted by the Common Council at its regularly scheduled meeting, the date of which is listed above. ADOPTED NO. 1150 D. SMITH - ARTICLE NFTA TO SELL FORMER PORT OF BUFFALO COMPLEX TO CANADIAN CO UNSUCCESSFUL Dear Mr. Chwalinski: Please file the attached news article concerning the plan by the NFTA to sell the former Port of Buffalo complex on the outer harbor to a Canadian company. The article states that the NFTA has unsuccessfully tried for years to sell the property and that they will be placing the property back on the market "shortly." The NFTA outer harbor property should be returned to the City of Buffalo. Please refer the attached letter to the Corporation Counsel, Comptroller, Strategic Planning and the NFTA for their comments. Your assistance is greatly appreciated. Smith Majority Leader Masten District Councilmember Enclosure NFTA pulls plug on plan to sell port site to Canada furniture -maker for 250 - employee plant Sale to furniture -maker from Canada abandoned By Robert J. McCarthy [ News Political Reporter on April 30, 2ox4 - 7:27 PM An ambitious plan to sell the former Port of Buffalo complex on the outer harbor to a Canadian furniture manufacturer - and create 250 new jobs - is dead. Niagara Frontier Transportation Authority officials acknowledged late Wednesday that efforts dating from last September to sell the property for $4.7 million to Gracious Living Corp. of Woodbridge, Ont., collapsed at the 5 p.m. deadline. Authority spokesman C. Douglas Hartmayer would offer no specifics on why the deal fell through, although NFTA officials have previously indicated Gracious Living was conducting extensive environmental inspections of the cavernous buildings that once housed Ford Motor Co. facilities. "The nature of the deal was complicated with many moving parts," Hartmayer said. "They just weren't ready to complete the deal within a reasonable time frame." Though the project was announced last September with great fanfare by Empire state Development Corp. - accompanied by comments from Gov. Andrew M. Cuomo - it seemed plagued by problems from the outset. The NFFA already had granted two previous extensions - 3o and 6o days - to allow Gracious Living to answer all its questions. The company approached the authority Wednesday with another extension request, Hartmayer said, and this one was denied. "We have opted not to extend this exclusive arrangement any further," he said, adding that negotiations continued almost until the deadline. "We were not interested after the two previous extensions," Hartmayer said. The NFI —A had unsuccessfully tried for years to sell the property through an aggressive marketing program. Hartmayer said that it will revive those efforts soon by issuing a new request for proposals, or RFP, by prospective buyers. "We will place the property back on the market shortly, especially in light of numerous buyers expressing interest in the property," he said. Gracious Living President Enzo Macri did not return a call seeking comment. The company's original aim to expand in Buffalo took advantage of economic incentives offered by New York State, which it cited in September as helpful. Empire State Development offered $2 million in performance -based Excelsior Jobs Program tax credits in return for the company's job- creation commitments. Now the failure to sell the property looms as a bitter disappointment for the NFTA, which already has negotiated the sale of the rest of its vast holdings on the outer harbor to two state agencies - Erie Canal Harbor Development Corp. and the state parks system. Selling the remaining 50 acres to the Toronto -area maker of outdoor furniture and other products was deemed a crucial move, even though the waterfront land would have been conveyed to a private rather than a public entity. The move also was viewed with great anticipation within the NFTA because it offered a way to achieve its long -held goal of getting out of the waterfront property management business. In announcing the deal last September, NFTA Chairman Howard A. Zemsky said, "We're extremely excited and proud. It's a great final chapter for the NFTA and the waterfront - the last piece of the puzzle." Hartmayer said Zemsky was among those on the NFrA team trying to negotiate a last- minute deal, citing the chairman's "extensive background in real estate development." "He took a real interest in this," Hartmayer said. But now the NFTA appears saddled with one remaining parcel that it has tried for years to market, despite attractive features such as 400,000 square feet of warehousing and office space, high bay doors, rail and water access, and parking for 500 vehicles. Hartmayer acknowledged that the NFTA now must continue to deal with the huge complex, even as it transfers the rest of the vast outer harbor lands to the state. The parcel, known as the "port terminal complex," never seemed to fit into the state's new but as yet undetermined plans. But now the future of the port terminal complex must be addressed. Hartmayer acknowledged that "all options are on the table." "Anybody is open to responding to the RFP, whether public or private," he said. He also said the NFTA was not depending on proceeds from the sale to balance its 2014 -15 operating budget because the anticipated $4.7 million was slated for the capital reserve fund. Gracious Living had hoped to establish its first U.S. location, as well as access to the huge American market, and originally looked to be operating by late this year. The company makes outdoor furniture, indoor and outdoor organizing products, garage utility systems and pet accessories sold in big -box stores. It operates two manufacturing facilities in suburban Toronto employing about 1,000 people and lists $1 oo million in sales. Macri said last September that the company was looking forward to expanding on the Buffalo waterfront and expected to invest tens of millions of dollars into rehabilitating the vacant buildings and installing new plastic injection machinery. He also said Gracious Living was primarily attracted to the location by its proximity to Toronto, and all along had set its sights on Buffalo. At the time he also said that another attraction was access to highway, rail and even water, adding that the company planned to look into the use of former port facilities for maritime shipping. MINORflY BUSINESS ENTERPRISE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1151 D. SMITH - RESEARCH ON E- CIGARETTES DEAR MR CHWALINSKI, Please file the attached document for the Common Council meeting scheduled for May 27, 2014. Majority Leader Masten District Council Member Enclosure: "Electronic Nicotine Delivery Devices and Their Potential Health Risks" Available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS NO. 1152 D. BURKE, AGENT, USE 173 ALIEN, RE- ESTABLISH RESTAURANT AND PATIO WITH NEW OWNER (HRG 06 /03)(Fi11) REFERRED TO TH COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1153 T. BRIATICO RA, AGENT, USE 1064 SYCAMORE FOR A VESTIBULE AND STAIRS IN THE CITY ROW (NO HRG)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.1154 R. JACKSON & OTHERS - SUPPORT SAVING FRUIT BELT HISTORY I support saving Fruit Belt history. I support designating the threatened 204 High Street (The 1871 Meidenbauer- Morgan House) and 195 High Street (The High Street De]J) Buffalo oldest continuously operating market„ built m 1878, as official Buffalo landmarks REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1155 APPOINT HUD GRANT FISCAL ADM INISTRATOR(PERM)(MAX)(HLAVATY)(COM PT) CCP# 987 14 -05/13 Mr. Wyatt moved: That Communication 987 of May 13, 2014, be received and filed and that the Permanent Appointment of Aubrey Hlavaty, 534 McKinley Pkwy. Buffalo. NY 14220 at the Maximum Salary of $65,398.00 is hereby approved. PASSED AYES- 9 NOES- 0 NO. 1156 APPOINT ASSISTANT AUDITOR(PERM)(STEP 12)(COSTNER)(COMPT) CCP# 988 14 -05/13 Mr. Wyatt moved: That Communication 988 of May 13, 2014, be received and filed and that the Permanent Appointment of Carlos Costner, 89 Sumner PI. Buffalo, NY 14211 at Step 12 Salary of $39,688.00 is hereby approved. PASSED AYES- 9 NOES- 0 NO. 1157 APPOINT ASSISTANT FINANCIAL OPERATIONS ADM INISTRATOR(PERM)(STEP 15)(FANTON)(COMPT) CCP# 989 14 -05/13 Mr. Wyatt moved: That Communication 989 of May 13, 2014, he received and filed and that the Permanent Appointment of Richard Fanton, 193Woodside Avenue, Buffalo, NY 14220 at Step t 5 Salary of $62,110,00 is hereby approved- PASSED AYES - 9 NOES — 0 NO. 1158 APPOINT TRUCK DRIVER(TEMP)(INTER)(ROSE)(PW) CCP# 1007 14 -05/13 Mr. Wyatt moved: That Communication 1007 of May 13, 2014, be received and filed and that the Temporary Appointment of Gene Rose, 250 Shirley Ave, Buffalo, NY 14215 at Intermediate Salary of $28,085.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 1159 APPOINT POLICE INSPECTOR (PERM)(FLAT)(BLOSAT)(POL) CCP# 1009 14 -05/13 Mr. Wyatt moved: That Communication 1009 of May 13, 2014, be received and filed and that the Permanent Appointment of Gregg G. Blosat, 181 Sterling Ave, Buffalo, NY 14216 at the Flat Salary of $93,681.00 is hereby approved. PASSED AYES- 9 NOES- 0 NO. 1160 APPOINT JUNIOR COLLECTION OFFICER (PERM)(MAX)(SOKOLOWSKI)(A &F) CCP# 1018 14 -05/13 Mr. Wyatt moved: That Communication 1018 of May 13, 2014, be received and filed and that the Permanent Appointment of Kristie Sokolowski, 87 McKinley Pkwy, Buffalo, NY 14220 at the Maximum Salary of $34.255.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 1161 NOTICES OF APPOINTM ENTS-TE M P/PROV/PERM (CITY CLK) CCP# 14 -1025, 05/13 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 1162 BOND ACCOUNT CLOSEOUT(COMPT) CCP# 14 -981, 05/13 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1163 SECOND QUARTER GAP SHEET 2013- 14(COMPT) CCP# 14,437 03/04 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1164 2" QUARTER GAP (A &F) CCP# 14,309 02/18 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 1165 KALEIDA HEALTH REQUEST FOR AN AIR RIGHTS EASEMENT OVER ELLICOTT STREET NEAR GOODRICH STREET TO CONSTRUCT A TWO - STORY ENCLOSED PERMANENT OVERHEAD PEDESTRIAN BRIDGE TO CONNECT THE NEW WOMEN'S AND CHILDREN'S HOSPITAL TO BUFFALO GENERAL HOSPITAL (ELL) (CORP. COUNSEL) (ITEM NO. 1010, C.C.P., MAY 13, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the Air Rights Easement Agreement between the City of Buffalo and Kaleida Health allowing Kaleida Health to construct a two -story enclosed permanent overhead pedestrian bridge connecting the new Women's and Children's Hospital facility building at 818 Ellicott Street to the Buffalo General Hospital Building provided the following conditions are satisfied: 1. That the City of Buffalo Planning Board recommends and /or approves the Air Rights Easement to the extent necessary; 2. That there were no significant objections voiced or raised at or from the public hearing conducted on May 27, 2014 in Council Chambers; 3. That the final design /plans in reference to the Air Rights Easement area are to be submitted to the Department of Public Works, Parks and Streets for their review and approval before construction can start; 4. That the Department of Public Works, Parks and Streets is kept apprised of the construction of the project and that the Department of Public Works, Parks and Streets monitors the progress of any right -of -way concerns or issues, if and when they should arise; 5. That Kaleida Health agrees to address any right -of -way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works, Parks and Streets; 6. That any and all utilities located within and /or near the easement area will be preserved and protected as necessary and /or otherwise addressed to the satisfaction of the Department of Public Works, Parks and Streets; 7. That the official granting of the easement interests over the affected public right -of -way will not become effective until the Air Rights Easement Agreement creating and conveying the easement interests is filed in the Erie County Clerk's Office; and 8. That the terms and conditions of the proposed Air Rights Easement Agreement shall be substantially similar to those outlined in the Air Rights Easement previously submitted to the Common Council. The final draft of the easement agreement shall be negotiated to finalization and subject to review and approval of the Office of Strategic Planning, the Department of Public Works, Parks and Streets and the City of Buffalo's Corporation Counsel's Office; and That the Common Council hereby approves the proposed Air Rights Easement Agreement with Kaleida Health in consideration of the foregoing and for payment in the amount of $32,500.00 for the easement providing the above - stated conditions are satisfied and that the Common Council hereby authorizes the Mayor to execute the Air Rights Easement Agreement to be negotiated to finalization and approved to form by the Law Department to facilitate the new Women's and Children's Hospital project at 818 Ellicott Street; and hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Air Rights Easement Agreement and the foregoing. PASSED AYES — 9, NOES - 0 NO. 1166 SEQRA KALEIDA HEALTH REQUEST AIR RIGHTS EASEMENT Item No. 1011, C.C.P., May 13, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby finds that: 1. The City of Buffalo Common Council has considered the relevant environmental impacts, facts, and conclusions disclosed in the DEIS, FEIS and FEAF and their supporting materials; 2. The City of Buffalo Common Council has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Common Council has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [ SEQRA]) have been met; 5. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DEIS, FEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable. PASSED AYES 9, NOES 0 NO. 1167 Report of Sale — 1153 Jefferson (Strat Plan) (Item No. 871, C.C.P., Apr. 29, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from Charles L. Anderson, Sr., MD, of 72 Four Seasons Road, West Amherst, New York 14226, in the amount of Three Thousand Eight Hundred Dollars ($3,800.00) for the purchase of 1153 Jefferson 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, 1168 R. FONTANA -C. MEADOWS- PLANTING FRUIT TREES IN CITY PARKS & TOXIC WASTE IN COB (C.C.P #14 -915, APR 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1169 REPORT OF BIDS - STREET TREE TRIMMING FOR BUS ROUTES - CITYWIDE BUSINESS DISTRICTS (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 23, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Street Tree Trimming for Bus Routes, Group 784F, with Tree Services of WNY, LLC, with a total bid of $13,200.00. Funding for this project is available in O & M Account #14570006-480000. PASSED AYES — 9 NOES — 0 NO. 1170 Report of Sale — 465 Woodlawn (Masten) (Strat Plan) (Item No. 541, C.C.P., Mar. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from Mark E. Key, Salesperson from Realty Edge, representing his client, Angela Nakajima, 300 Cyberonics Blvd., Apt. 2029, Houston, Texas 77058, in the amount of Three Thousand Dollars($3,000.00) for the purchase of 465 Woodlawn 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. 1171 M. LOCURTO - WORKER -OWNED COOPERATIVES (C.C.P #13 -57, NOV 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 1172 REPORT OF SALE - 238 AND 240 NORTHAMPTON (ELL) (STRAT PLAN) (ITEM NO. 979, C.C.P., MAY 13, 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 offer from Elvin Waight on behalf of Home Budgeting Made Easy, LLC, P.O. Box 623, Westminster, Maryland 21158 in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 238 and 240 Northampton 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. 1173 FOOD STORE LICENSE (NEW) - 864 BROADWAY (FILL)(DPIS) (ITEM NO. 1012, C.C.P., MAY 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mohammed Al Baadani d /b /a -M &g Deli Market Inc. located at 864 Broadway. PASSED AYES — 9 NOES — 0 No. 1174 Food Store License (New) — 472 Main (EII)(DPIS) (Item No. 1013, C.C.P., May 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Swaroop Kaur d /b /a Sherawali Inc. located at 472 Main. PASSED AYES 9, NOES 0 No. 1175 Food Store License (New) — 1591 South Park (Lov)(DPIS) (Item No. 1014, C.C.P., May 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Towfeek Ali d /b /a Save More Deli & Grocery located at 472 Main upon the following conditions: No sale of drug paraphernalia, including but not limited to glass test tubes, glass pipes, glass pens, or "Chore Boy" Scour pads. PASSED AYES 9, NOES 0 NO. 1176 SIDEWALK CAFE - 42 W. CHIPPEWA (ELL)(DPIS) (ITEM NO. 1015, C.C.P., MAY 13 2014) 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 Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Andrea D'Aloisio d /b /a Bada Bing, for a Sidewalk Car6 License located at 42 W. Chippewa. PASSED AYES — 9 NOES - 0 NO. 1177 R. Felschow, Jr. — Use 511 Ohio to Erect a One -Story Pole Barn in the Coastal Review Area (Fill) (DPIS) (Item No. 1036, C.C.P., May 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of R. Felschow, Jr. to erect a one -story steel pole barn (32'x 48') for cold storage at an existing rod and gun club located at 511 Ohio Street. PASSED AYES 9, NOES 0 NO. 1178 D. EVANS, OWNER, TO USE 1281 HERTEL AVENUE A/K /A 1285 HERTEL TO REOPEN AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 1038, C.C.P., MAY 13, 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 D. Evans, Owner, of 1281 Hertel Avenue a /k/a 1285 Hegel Avenue to reopen an existing takeout restaurant in the Hertel Avenue Special Business District. PASSED AYES — 9 NOES - 0 NO. 1179 M. MARINO, OWNER, USE 256 ALLEN FOR A BAR/RESTAURANT AND PATIO IN THE ALLEN ST DISTRICT (FILL)(HRG 5/20)(14 -1039 NO, MAY 13) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. ADOPTED NO. 1180 J. POPIELA, AGENT, USE 2300 DELAWARE TO ERECT A FREE STANDING POLE -SIGN (NORTH)(NO HRG)(14 -1040 NO, MAY 13) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. ADOPTED NO. 1181 K. ROSE, OWNER, USE 73 HAMBURG FOR AN OUTDOOR PATIO IN THE CITY ROW (FILL)(NO HRG) 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 K. Rose, Owner to use a portion of the City right -of -way sidewalk for an outdoor patio for a restaurant and brewery located at 73 Hamburg. PASSED AYES 9, NOES 0 NO. 1182 ORDINANCE AMENDMENT - 12 -24D BOARD OF ETHICS (ITEM NO. 1079, C.C.P., MAY 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be approved; That Section 309 -17 of the Code of the City of Buffalo be amended as follows: Section 1. That Section 12 -24 of the Code of the City of Buffalo be amended by adding a new subdivision 12 -24D thereto to read as follows: D. The jurisdiction of the Board shall continue notwithstanding that an officer or employee separates from the service of the City of or a city agency to which this Code of Ethics is applicable, provided that the Board notifies such individual of the alleged violation of law pursuant to paragraph (A) of this section within one year from his or her separation from such service. Nothing in this section shall serve to limit the jurisdiction of the commission in enforcement of Section 12 -12 of this Code of Ethics. §2. This ordinance amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. PASSED AYES 9, NOES 0 NO. 1183 ORDINANCE AMENDMENT — 414 -3 SPECIAL EVENTS ADVISORY COMMITTEE (ITEM NO. 1084, C.C.P., MAY 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be approved; That the part of the Code of the City of Buffalo, Section 1. Subdivision B of Section 414 -3 as it relates to the composition of the Special Events Advisory Committee be amended as specified in the attached Ordinance Amendment. PASSED AYES 9, NOES 0 NO. 1184 R. BRENNER, AGENT, TO USE 1032 NIAGARA TO ERECT AN ADDITION TO THE HEIGHT OF AN EXISTING MONOPOLE CELLULAR TOWER IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 1065, C.C.P., MAY 13, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That pursuant to Section 511 -68D of the City of Buffalo Code, the Common Council hereby approves the application of R. Brenner, Agent, to erect a 15' addition to the height of an existing 70' monopole cellular tower located at 1032 Niagara. PASSED AYES 9, NOES 0 NO. 1185 RECOMMENDATION APPLICATION FOR LANDMARK STATUS WILLERT PARK COURTS AKA AD PRICE COURTS - 373 SPRING ST(PRES BD)(PUB HRG 2/25) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. That the application for Landmark Status of Willert Park Courts, also known as Price Courts, located at 373 Spring Street is disapproved because the campus does not have sufficient structural integrity to make it worthy of preservation or restoration as required by Buffalo City Code section 337 -15(B) DENIED AYES - Fontana, Golombek, LoCurto, Pridgen, Rivera, Scanlon, Smith, Wyatt — 8, NOES Franczyk — 1 RESOLUTIONS NO. 1186 BY: COUNCILMEMBER FONTANA WAIVER OF FEES FOR LOVEJOY MEMORIAL DAY FLAG RAISING CEREMONY Whereas: Memorial Day is a day of national remembrance of all those who gave their lives in defense of American freedom throughout our nation's history; and Whereas: On Sunday, May 25 2014 the Head East Civic Club will be holding a flag raising ceremony in Hennepin Park to honor all of the veterans of the community, living and deceased, who have honorably served their country; and Whereas: This ceremony will be free and open to the public with all expenses incurred to be covered by Head East, a self- funded volunteer community organization. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and application fees associated with the Lovejoy Memorial Day Flag Raising. Be It Further Resolved: A copy of this resolution shall be forwarded to Ms. Arlene Mustafa in the Department of Public Works, Division of Parks. PASSED AYES 9, NOES 0 BY: MR. FRANCZYK AND MR. PRIDGEN NO. 1188 THE 57 ANNUAL ALLENTOWN ART FESTIVAL Date: May 27, 2014 Whereas: The Allentown Village Society, Inc. has requested permission to conduct the 57 Annual Allentown Art Festival on the weekend of June 14 and 15 2014; and Whereas: The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year the Allentown Art Festival attracts thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo, will meet to consider the application of the Allentown Village Society to hold the 57 Annual Allentown Art Festival; Now Therefore Be It Resolved: This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 57 Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 14th and 15 2014, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 8:00 AM Until 8:00 PM; and Be It Further Resolved: Event Area The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the South, and Main Street (west side) on the east; and Be It Further Resolved: Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event area defined above, No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise in the event area. The Allentown Village Society, in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo; and Be It Finally Resolved: NO. 1187 BY: MR. FONTANA TRANSFER OF FUNDS - COMMON COUNCIL That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10112001 - 411001 Councilmember #11 Salary $ 4,588.00 10102001 - 412002 Legislative Hourly $102,627.00 1011004 - 458001 Legislative Councilmember #9 Transportation $ 55.00 10110004 - 458002 Legislative Councilmember #9 Meals $ 355.00 10110004 - 458003 Legislative Councilmember #9 Registration $ 130.00 To: 10220006 - 434004 Common Council Neighborhood Initiatives $107,755.00 PASSED AYES 9, NOES 0 BY: MR. FRANCZYK AND MR. PRIDGEN NO. 1188 THE 57 ANNUAL ALLENTOWN ART FESTIVAL Date: May 27, 2014 Whereas: The Allentown Village Society, Inc. has requested permission to conduct the 57 Annual Allentown Art Festival on the weekend of June 14 and 15 2014; and Whereas: The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year the Allentown Art Festival attracts thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo, will meet to consider the application of the Allentown Village Society to hold the 57 Annual Allentown Art Festival; Now Therefore Be It Resolved: This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 57 Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 14th and 15 2014, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 8:00 AM Until 8:00 PM; and Be It Further Resolved: Event Area The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the South, and Main Street (west side) on the east; and Be It Further Resolved: Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event area defined above, No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise in the event area. The Allentown Village Society, in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo; and Be It Finally Resolved: 1. Remote Broadcasts Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society, Inc. Promotional activities other than those permitted by the Allentown Village Society, Inc. are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3. Inflatable Devices All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. 4. Banners In celebration of the 57t Anniversary of the Allentown Art Festival, permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and Tupper Street. The banners must comply with conditions set by the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 I:Y MLViI:a a:7e10 W10 N NO. 1189 WAIVE PERMIT FEES FOR HARRIET ROSS TUBMAN SCHOOL #31 FIELD DAY Date: May 27, 2014 Whereas: Harriet Ross Tubman School #31, located at 212 Stanton Street, will be holding its end of year field day celebration for its 2014 students; and Whereas: School #31 will have a day of fun and games with a picnic to celebrate the students and their accomplishments. The clay also observes the end of the school year and encourages friendship and bonding amongst the students; and Whereas: The school will use Sperry Park from 9:00 am to 2:00 pm on Friday, June 20, 2014; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the permit fees associated with the Harriet Ross Tubman School #31 Field Day at Sperry Park On Friday, June 20, 2014; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1190 BY: COUNCIL MEMBER GOLOMBEK. JR., AND COUNCIL MEMBERS SMITH, FRANCZYK, LOCURTO, RIVERA, WYATT FAIR ELECTIONS: PUBLIC FINANCING FOR ELECTIONS IN THE CITY OF BUFFALO Whereas, for democracy to work, citizens must believe that the political system that provides for the election of their leaders is a fair and level playing field; Whereas, the declining rate of citizens voting in elections suggests that many people have lost faith in the democratic process and no longer believe that their vote matters; Whereas, citizen disillusionment comes from the observation that financial contributions from private interest groups to political campaigns influence access to elected officials and the legislation they propose or pass; Whereas: the influence of campaign finance was also proven to be unfairly in favor of incumbents when in 2011, the four incumbents of Whereas, Common Council races who had challengers raised an average of $24,264.00, while their opponents raised an average of $1.117.00: Whereas. the current climate of campaign contributions is also the biggest barrier for people interested in running for public office, and for people getting a diverse selection of candidates to represent districts; Whereas, many local governments around the country, including those of Albuquerque, Portland, Tucson, Austin, Boulder, Los Angeles, Sacramento, and New York City, have adopted public financing programs to make their elections fair; Whereas, a coalition of organizations consisting of Citizen Action, Common Cause, League of Women Voters, NAACP, PUSH Buffalo, Buffalo Teachers Federation, UAW Region 9, Working Families Party, Coalition for Economic Justice, and Governor Andrew Cuomo, is seeking to implement a public financing system for the state, similar to what is in place currently in New York City; Whereas, while efforts are being made to implement public financing of elections at the state level, the same can and should be done for The City of Buffalo elections; and Whereas, the Common Council of The City of Buffalo wants to make its citizens the paramount interest group of elections: Now, Therefore Be It Resolved that the City of Buffalo Common Council-- - 1) Wants to explore the possibility of implementing a public financing system for elected municipal offices, similar to what currently exists in many cities throughout the United States; 2) Establishes a committee of citizens consisting of one representative, who is a resident of The City of Buffalo, from the each of the following organizations: • Buffalo Niagara League of Women Voters, • Citizen Action, • New York Leadership for Accountable Government, • Partnership for the Public Good, • PUSH Buffalo, • Public Accountability Initiative, • Common Cause, • NAACP, • Hispanic Heritage Council of WNY, • Coalition of Black Trade Unionists, and • Black Social Workers; 3) Establishes term limits of two years for all committee members and directs the committee members to elect a Chairperson from among them; 4) Grants the committee the authority to establish their own bylaws; 5) The Council reserves the right to add or remove members of the committee at any time; and 6) Directs the committee's focus to include but not be limited to: • developing a plan for a public finance system for the positions of Mayor, Comptroller, District Council Member, and members of the Board of Education, • forming a campaign finance board • campaign spending limits and public matching fund amounts, • requirements to receive public funds, and • how to fund a public finance system; NO. 1191 SPONSOR: COUNCIL MEMBER MICHAEL J. LOCURTO PERMISSION TO HANG LIGHTS ON HERTEL AVE Date: May 27 2014 Whereas: Banners, flags and lights are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Italian Heritage Festival is the second largest Italian Festival in the nation, and Whereas: The Hertel -North Buffalo Business Association is requesting permission to hang lights for the festival, specifically located on Hertel Avenue between Virgil and Crestwood Avenues, where they will be hung beginning on May27th, 2014 through August 30 2014; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of lights that include the necessary information to fully comply with the requirements established. The Hertel -North Buffalo Business Association has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested lights. Now, Therefore, Be It Resolved: That the requested lights meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Hertel -North Buffalo Business Association to hang lights located on Hertel Avenue between Virgil and Crestwood from May27th, 2024 through August 30 2014, and that copies of this resolution be forwarded to the Department of Public Works. ADOPTED NO. 1192 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR BURY THE VIOLENCE WALK Whereas: On June 1 sc, 2014 the Lanasha Rose Foundation will host the 1 sc annual Bury the Violence Walk in Delaware Park from 7:00am- 11:00am, and; Whereas: The Lanasha Rose Foundation urges all Buffalonians to take a stand against violence in our city, and instead unite in the effort to "Bury the Violence" and stand for peace, Whereas: This event is open to all members of the public with proceeds from registration to benefit the Lanasha Rose Foundation Scholarship Fund, and; Whereas: The Lanasha Rose Foundation was established in October 2013 after the loss of 13 year old Lanasha Nicole Rollerson. Her family began the Lanasha Foundation as "an outreach in order to save our girls. The Lanasha Rose Foundation is here to share the life plans, expectations, and now legacy of this symbol of love that was filled with dreams and drive, taken at the hands of violence in her neighborhood." Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Bury the Violence Walk in Delaware Park on June 1 st , 2014 from 7:00am- 11:00am. Be it Further Resolved: That a copy of this resolution be sent to the appropriate departments, including the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1193 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE ELMWOOD VILLAGE SUMMER CONCERT SERIES Whereas, The Elmwood Village Association is a hub for community involvement that enhances the unique urban character of our community, and; Whereas, The Elmwood Village Association promotes the strength and vitality of the Elmwood Village through culturally diverse events intended to support the Buffalo community and visitors alike; and, Whereas, The 8 annual Elmwood Village Summer Concert Series will provide free, family - friendly entertainment every Tuesday on Bidwell Parkway between June 24 and August 12 and, Whereas, the Concert Series continues to fulfill the mission of the Elmwood Village Association to work with businesses and residents to improve the quality of life for our entire community. Now, Therefore, Be it Resolved, That: The Common Council hereby waives the permit fees associated with hosting the 8th annual Elmwood Village Summer Concert Series on Bidwell Parkway; and, Be It Further Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and Department of Special Events. PASSED AYES 9, NOES 0 NO. 1194 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR INDEPENDENT HEALTH'S KIDS RUN IN DELAWARE PARK Whereas, The independent Health Foundation will be holding its annual Kids Run in Delaware Park on Saturday June 7 2014 from 9am- 11:30am; and Whereas, The Kids Run is a fun and free family event that provides the opportunity for the community to come together to be active and celebrate healthy living in an effort to help reduce obesity in the children and families of Western New York; and Whereas, The Independent Health Foundation is a 501(c)(3) not - for - profit that raises all the funds to implement this community -wide event, and hopes to use this money to make the race special for the children by giving them medals and trophies that will remind them of their accomplishment and commitment; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Kids Run on Saturday June 7 2014; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1196 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR OLMSTED SCHOOL FOUNDATION'S FUN WALK 2014 Whereas, The Olmsted School Foundation will be holding its annual Fun Walk in Delaware Park on Thursday, May 22, 2014 from 9am -lpm; and Whereas, The Fun Walk is an opportunity to bring the Olmsted community together to be active while raising funds for special projects, such as Lego Education materials for elementary classrooms, peer tutoring for middle school and high school students, and a scholarship for one of their Gifted and Talented teachers to attend the nation's premier gifted educated conferences at the University at Connecticut. Whereas, The Olmsted School Foundation is a 501(c)(3) not - for - profit that supports students, staff, and administrators of the Olmsted Schools - from Pre -K to Grade 12 - by funding specific projects to enrich student's academic opportunities. Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Kids Run on Saturday June 7 2014; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1196 SPONSOR: MICHAEL J. LOCURTO WAIVING THE PERMIT FEES FOR YMCA'S FITNESS IN THE PARKS PROGRAM Whereas, the YMCA of Buffalo- Niagara will be organizing their second annual "Fitness in the Parks" Program in Delaware Park on Mondays and Wednesdays from June 22 through August 30th; and Whereas, certified fitness instructors will provide free fitness classes, such as Zumba, Pilates, and Yoga at the Amherst - Calvin green space; and Whereas, this program will allow a large number of people to participate in a healthy, active lifestyle, with over 4,000 residents participating last year; and Whereas, the classes provide an important service, especially to those residents who otherwise could not afford to participate in these often expensive classes; and Now, Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park from June 22 through August 30th; and Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. PASSED AYES 9, NOES 0 NO. 1197 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR ZACARIAS TAYLOR BENEFIT Whereas: On Sunday, May 25 2014 Michael Keller, a Buffalo Public School teacher, will host a benefit at the Parkside Lodge from 4 -8pm for Zacarias Taylor, and; Whereas: He is hosting this event to raise awareness about brain cancer and funds for Zacarias Taylor, one of his sixth grade students, as he undergoes chemotherapy and radiation treatments at a local hospital, and; Whereas: The intent of this event is to garner support for the Taylor family and to assist in defraying the cost associated with his treatment. Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Zacarias Taylor Benefit at the Parkside Lodge on Sunday, May 25 2014 from 4 -8prn. Be it Further Resolved: That a copy of this resolution be sent to the appropriate departments, including the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1198 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN NIAGARA SQUARE PARKING Date: May 15, 2014 Whereas: Niagara Square is a public square located at the intersections of Delaware Avenue, Court Street, Genesee Street, and Niagara Street in Buffalo, New York. It is the central hub of Joseph Ellicott's street pattern that was designed in 1804, and it continues to be the nexus of downtown Buffalo; and Whereas: The Department of public Works has recently spent approximately $50,000 in restorations to the inner circle of Niagara Square; and Recently many motor vehicles have been observed sitting parked within the circular structure of the square. The square is designed for pedestrian traffic only and cannot over time, sustain the weight of motor vehicles without requiring otherwise unnecessary repairs to be made by the city; and Now, Therefore be it Resolved: That the City of Buffalo Common Council is requesting that measures be taken by the Department of Public Works to prevent parking within the inner circle of Niagara Square; Now, Therefore be it further Resolved: That the City of Buffalo Common Council request that the City of Buffalo Police Department issues tickets to those who are illegally parked in Niagara Square; Now, Therefore, be it further Resolved: That the City of Buffalo Common Council requests that only permitted vehicles such as garden care, media and special events vehicles be granted permission to utilize the square, only after receiving a permit from the Department of Permits and Inspections; Now, Therefore, be it finally Resolved: That a copy of this resolution be sent to The Department of Public Works, The Department of Permits and Inspections, Parking and City of Buffalo Police Department. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PARKING BY: MR. PRIDGEN NO. 1199 ORDINANCE AMENDMENT CHAPTER 78, ANIMALS The Common Council of the City of Buffalo does hereby ordain as follows: Section I. That Chapter 78 of the Code of the City of Buffalo be amended to read as follows: Article VII - Feral Cats § 78 -34. Definitions. For the purpose of this Article: A. "At Large" means not confined, outside an area of escape such as a pen, corral, yard, cage, house, vehicle, or other secure enclosure, unless otherwise under appropriate human control. B. "Colony" means a group of one or more community cats. C. "Community Cat" means any cat that is: (1) Homeless, stray, or at large, where the cat: a. has been socialized to people, or is less than five weeks old; b. could become feral as connection with human is farther removed; and c. in the case of cats older than five weeks, has a good potential to quickly become domesticated once again; or 2 Feral, where the cat: a. is not socialized towards humans; b. is born in the wild or is the offspring of an owned cat; or c. is a formerly owned cat that has been abandoned; or (3) A cat that lives in the community but is not owned by a human, sometimes referred to as a "free- roaming" or "street" cat. D. "Domesticated Cat" means a cat: (1) that is social towards humans; (2) that currently lives within the residence or on the property of a person or persons accepted as the cat's owner; and (3) that is considered appropriate as a companion for humans. E. "Ear Tipping" means a straight -line cutting of the tip of the left ear of a cat while the cat is anesthetized. F. "Neuter" means to permanently sterilize male cats to render them incapable of impregnating female cats by means of either surgery performed to remove the reproductive organs or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose. G. "Spay" means to permanently sterilize female cats to prevent estrus (heat )cycles and eliminate their ability to become pregnant by means of either surgery performed to remove the ovaries and uterus or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose. H. "Sterilize" means to sway or neuter a cat. I. "Trap, Neuter, Vaccinate, and Return Program" or "TNVR" means a program in which community cats are humanely trapped, evaluated, vaccinated, sterilized, and ear tipped by a veterinarian and returned to the trap location with the intent of controlling or reducing feline population and reproduction. J. "Veterinarian" means a person licensed to practice veterinary medicine in the State of New York, § 78 -35. General Policy. A. TNVR of community cats shall be legal in the City of Buffalo and interested citizens are encouraged to participate in and support TNVR activities on a voluntary basis. B. All persons who attempt to trap community cats for TNVR in the City of Buffalo should be familiar with the guidelines supported by regional and national feral and community cat organizations, regarding appropriate methods of TNVR. C. Socialized cats and all kittens subject to TNVR shall be eligible to be, but not mandated to be, re- socialized and put up for adoption. D. An ear tipped cat received by local shelters shall be returned to the location where trapped unless veterinary care is required. A trapped ear tipped cat shall be released on site unless veterinary care is required. E. Animal control officers shall use appropriate opportunities to inform stakeholders about TNVR. F. It shall not be a violation of this section to determine that the best course of action for a particular cat, or cat colony, is to be left alone. § 78 -36. Implementation. Animal control officers within the City of Buffalo shall implement and administer this Article in consultation with community cat welfare experts, including Alley Cat Allies, NYC Feral Cat Initiative, Best Friends Animal Society, American Association of Feline Practitioners, Neighborhood Cats, IndyFeral, and No Kill Advocacy Center. §2. Severability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such determination shall not affect the validity of the ordinance, other than the part declared to be invalid. §3. This ordinance amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL By: Alan P Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1200 BY: COUNCIL MEMBER AND COUNCIL PRESIDENT DARIUS G. PRIDGEN REINSTATE THE POLICE OVERSIGHT COMMITTEE On May 21, 2014 Whereas, In the past the City of Buffalo has established Police Oversight special committees; and Whereas, There is a need in the City of Buffalo to reinstate the committee to review, inform, and advise the Common Council and the City of Buffalo Police Department on several matters; and Whereas, The Police Oversight special committee would be reinstated to review current local laws to ensure that they are in compliance with New York State laws and New York State Liquor Authority rules; and Whereas The Police Oversight special committee would be charged with reviewing formal training of police officers as it pertains to search and seizure, and the outside employment of police officers in establishments that serve alcohol; and Whereas, The Police Oversight Special Committee would review the training that officers receive in the area of use of force and the constitutional rights of detainees as well as any other matter the committee decides: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Will reinstate the Police Oversight Special Committee to be comprised of at least four Common Council members; and 2) That a copy of this resolution shall be forwarded to The City of Buffalo Mayor, The Commissioner of the City of Buffalo Police Department and Corporation Council. ADOPTED NO. 1201 BY: COUNCIL PRESIDENT PRIDGEN AND COUNCILMEMBER FONTANA SUPPORT FOR MANDATORY PARENT ASSEMBLY AT THE START OF THE SCHOOL YEAR On May 08, 2014 Whereas, the education of students in The City of Buffalo is an important challenge affecting everyone and requires parental involvement; Whereas, many parents struggle to help their children to succeed in school or are unaware of additional resources that can make the burden of their responsibility easier; and Whereas, the Board of Education has set precedents for engaging parents and families with the goals Of improving the education of students in Buffalo: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Suggests to the Board of Education that each school hold annual mandatory assembly, to be held at the start of every school year and attended by a parent or guardian of every student in the school system; 2) Suggests that these meetings cover the following subjects: • Review of District Parent Involvement Policy • Review of District Parent Engagement Strategy • District Code of Conduct • Review of how to use Parent Portal • Review of Common Core standards • Overview of Title 1 Parent Involvement Funds • School Compact Development • Grade Level orientation • Meeting with your children's teachers; and 3) Instructs Council Staff to forward a copy of this resolution to District Superintendent Dr. Pamela Brown and to Board President Dr. Barbara Seals Nevergold. ADOPTED NO. 1202 BY: COUNCIL MEMBER RIVERA APPROVAL OF BUFFALO NEIGHBORHOOD STABILIZATION CO., INC. - S CONSOLIDATION FUNDING APPLICATION On May 27, 2014 Whereas, the Buffalo Neighborhood Stabilization Co. Inc ( "BNSC ") desires to apply for $250,000 in financial assistance through the 2014 Consolidated Funding Application under the New York Main Streets Downtown Anchor Program; Whereas, the application proposes funding to preserve and stabilize the building at 417 Massachusetts Avenue; Whereas, the building will contain six affordable apartments, the West Side Value Laundromat, and the WASH Project Community and Arts Center; Whereas, 417 Massachusetts is an anchor of Buffalo's West Side, providing affordable, quality services, and vital community space to the neighborhood; Whereas, the proposed funding will contribute to ongoing community revitalization efforts; and Whereas, the grant application requires that BNSC obtain the approval and endorsement of the governing body of the municipality in which the project will be located: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) approves BNSC's application to NYS Homes and Community Renewal under the New York Main Streets Downtown Anchor Program; and 2) endorses BNSC's application and project to preserve and stabilize 417 Massachusetts Avenue. PASSED AYES 0, NOES 0 NO. 1203 BY: COUNCIL MEMBER DAVID A RIVERA FEE WAIVER AND CITY PARKING LOT USE FOR HISPANIC HEALTH & INFORMATION FAIR Whereas, on July 12, 2014 Primera Iglesia Metodista Nueva Vision will conduct a Health Fair at 182 Grant Street; Whereas, 182 Grant Street is a City -Owned parking lot in the Residential Area Parking Program ( "RAPP "); Whereas, the fair will have free health exams, screenings, and information on available programming in the area; Whereas, the organization is a 501(c)3 non - profit corporation; and Whereas, the purpose of this event is to provide basic, preliminary health services, information on healthy living and increase awareness of health - related issues: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) approves the waiving of all fees associated with this event; 2) approves the use of the RAPP lot at 182 Grant for the event; 3) request the City Clerk to send a copy of this resolution to the Mayor's Office of Special, Department of Parking, Buffalo Civic Auto Ramps, and Department of Public Works, Parks, and Streets. PASSED AYES 9, NOES 0 NO. 1204 BY: COUNCIL MEMBER RIVERA UNITED LIBERIAN ASSOCIATION EVENT FEE WAIVER Whereas, the United Liberian Association ( "ULA ") is a non - profit agency located at 100 Parkdale Avenue in the City of Buffalo; Whereas, the ULA serves Liberian refugees and immigrants who have resettled in Buffalo; and Whereas, on May 31, 2014 the ULA will be holding its summer event at Front Park where there will be a cookout, music, children's games, and sports activities to celebrate the start of summer: Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) waives the Specials Events & Park fee associated with this event; and 2) request a copy of this resolution be sent to the Parks Division of the Department of Public Works, Parks, and Streets and the Mayor's Office of Special Events. PASSED AYES 9, NOES 0 NO. 1206 SPONSORS: CHRISTOPHER P. SCANLON CALLING ON THE GOVERNOR, THE NEW YORK STATE ASSEMBLY, AND THE NEW YORK STATE SENATE TO ENACT THE "ABANDONED PROPERTY NEIGHBORHOOD RELIEF ACT OF 2014" WHEREAS, In the wake of the financial crisis of 2008, there has been a marked increase in New York State in the incidence of vacant and abandoned residential properties securing delinquent mortgages, which properties frequently fall into disrepair, thus devaluing neighboring properties and harming the larger community; and WHEREAS, These vacant and abandoned residential properties have become a blight in the City of Buffalo and in many similarly situated neighborhoods across New York State because the properties are often boarded up, dilapidated, unsafe, inhabited by squatters or used for criminal purposes; and WHEREAS, An accumulation in a community of vacant and abandoned residential properties that are not properly secured or maintained for extended periods can cause a marked decline in that community's real estate market and the state's property tax base; and WHEREAS, There are documented instances of such properties being used by criminals to manufacture and /or distribute illegal drugs, thus leading to an increased likelihood of crime in and around the property and neighboring community; and WHEREAS, The City of Buffalo and similarly situated municipalities across New York State are often forced to expend taxpayer funds to prevent vacant and abandoned residential properties from becoming a public hazard, thereby depleting limited local resources; and WHEREAS, The City of Buffalo and similarly situated municipalities across New York State are often forced to expend taxpayer funds to .investigate and determine the ownership, occupancy and foreclosure status of vacant and abandoned residential properties in order to ensure that, where applicable, the mortgagee is complying with current obligations under Federal, State and /or local law to secure and maintain the property, thereby further depleting limited local resources; and WHEREAS, Relevant provisions of existing State law, enacted in 2009, governing the maintenance of abandoned residential properties impose a duty on plaintiff - mortgagees to maintain vacant residential properties only after a judgment of foreclosure and sale has been entered by a court; and WHEREAS, This recent State law has in many instances proven inadequate to address the growing number of vacant and abandoned properties falling into disrepair in the City of Buffalo and in many similarly situated municipalities across New York State because many such properties are not subject to a pending foreclosure action, and many that are subject to a pending foreclosure have not proceeded, and will not in the foreseeable future proceed, to a court judgment of foreclosure and sale; and WHEREAS, There is evidence showing that many current and former New York homeowners have been misled into believing they need to leave their homes earlier in the foreclosure process than the law actually requires, thus resulting in even more vacant and abandoned residential properties throughout our communities; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2014" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by creating a statewide registry of such properties that can be electronically accessed by such municipalities; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2014" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by imposing a duty on mortgagees and their loan servicing agents to promptly report these properties to the statewide registry and take earlier, pre - foreclosure, action to identify, secure and maintain such vacant and abandoned properties; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2014" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by providing a much needed and readily available source of information on vacant and abandoned residential properties to local officials throughout the State; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2014" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by also establishing a statewide toll -free hotline that community residents can use to report suspected vacant and abandoned properties to the Attorney General and receive information regarding the status of registered properties, including the identity of the mortgagee or agent responsible for maintaining them; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2014" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by ensuring that homeowners are provided with clear and early notice that they are legally entitled to remain in their homes until ordered to leave by a court; NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council hereby calls on the Governor, the New York State Assembly and the New York State Senate to promptly enact the "Abandoned Property Neighborhood Relief Act of 2014;" and BE IT FURTHER RESOLVED, That the City Clerk forwards copies of this resolution to Governor Cuomo, the New York State Assembly and the New York State Senate. ADOPTED NO. 1206 BY CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR ERIE COUNTY LEGISLATOR LYNNE DIXON'S COMMUNITY MEETING AT TOSH COLLINS COMMUNITY CENTER 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, Erie County Legislator Lynne Dixon's Community Meeting will be held Friday, May 30 from 11:00am to 1:OOpm at Tosh Collins Community Center; and WHEREAS, This event is free and provides an opportunity for constituents to meet with Legislator Dixon in the district she represents; and WHEREAS, Legislator Dixon and her staff will discuss local and county issues with residents; and WHEREAS, Information concerning Senior Services, Social Services, Veteran Affairs, the County Clerk's office and other County departments will also be available; and NOW, THEREFORE. BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works waive all fees applicable for Erie County Legislator Lynne Dixon's Community Meeting at Tosh Collins Community Center; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of Public Works. PASSED AYES — 9 NOES — 0 NO. 1207 BY: COUNCILMEMBER SMITH RE: HOME RULE REQUEST TO PASS ASSEMBLY BILL A. 3702 -C ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS ". WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill No. 3702 -B, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation Legislature. ADOPTED NO. 1208 BY: COUNCILMEMBER SMITH HOME RULE REQUEST TO PASS SENATE BILL S 870 -C ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS ". WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 870 -C, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation York State Legislature. ADOPTED NO. 1209 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND BAND SHELL FEES FOR THE 39 ANNUAL JUNETEENTH FESTIVAL AT MLK PARK Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Whereas: The Juneteenth Festival, an annual festival held in MLK Park; and Whereas: This is the 3 rd Largest Festival of its kind in the Country; and Whereas: This Festival in its 39 - year, is free and open to the public; and Whereas: The Juneteenth Festival has a mission to "Actively preserve and promote the Broad spectrum of the African American Heritage through Educational and Cultural activities that will benefit the Community as a whole "; and Now, Therefore Be It Resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive Park Rental and Band Shell Fees for the39th Annual Juneteenth Festival' at MLK Park; Be It Further Resolved, Clerk forward a copy of this resolution to the Commissioners of the Departments —t Inspections, Public Works and Special Events PASSED AYES — 9 NOES - 0 NO. 1210 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. Anastasia Corsi Michael P. Nigrelli Sr. Michael R. Wright Total: 3 ADOPTED NO. 1211 BY: RASHEED WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Aaron Alston Jessica Brown James R. Dargan Leala Farnsworth Jason Hurley Jamila Lee Francisca Licona Gloria Nobile Jasmine Richardson TOTAL9 ADOPTED NO.1213 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr Golombek, the Council adjourned at 2:59 PM GERALD A. CHWALINSKI CITY CLERK NO. 1212 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 3, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 3, 2014 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 3, 2014 at 1:00 o'clock P:M. Committee on Legislation Tuesday, June 3, 2014 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO.1213 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr Golombek, the Council adjourned at 2:59 PM GERALD A. CHWALINSKI CITY CLERK