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Home My WebLink About14-0624NO. 13 PROCEEDINGS OF THE CITY OF BUFFALO JUNE 24, 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 June 24, 2014 FINAL MAYOR 1323- A Appointments to EMS Board as Part of Enhanced EMS for Buffalo R &F MAYOR EXECUTIVE 1324- B Strat Plan- Permission to Extend Designation to Developer - Polish CC As Developer Former School 57 APP 1325- C Strat Plan - Annual Action Plan CD COMPTROLLER 1326- 1. Certificate of Necessity - Buffalo Niagara Film Commission R &F 1327- 2. Certificate of Necessity -Demo R &F 1328- 3. 2014 -2015 Annual Audit Plan R &F 1329- 4. Interfund Cash Loan - Buffalo Waterfront R &F 1330- 5. Interfund Loan -Fire Apparatus R &F 1331- 6. Appoint Assistant Auditor(Perm)(Inter)(Blake) CS PUBLIC WORKS 1332- 7. Notification Serial #10699(waive 45 days) APP 1333- 8.1064 Sycamore St Vestibule Addition Within ROW APP,PLBD 1334- 9. Change in Contact City Court Fire Detection /Alarm Sys APP 1335- 10. Permission to Engage in Agmt for Drug and Alcohol Testing Services APP 1336- 11. Permission to Hire Consultant Bflo Fire Dept APP 1337- 12. Permission to Hire Consultant City Hall Cafeteria Ventilation APP 1338- 13. Permission to Hire Consultant for Citywide Playcourts Phase III APP 1339- 14. Permission to Hire Consultant for LaSalle & Manhattan Pk Shelter House /APP Lighting Improv APP 1340- 15. Permission to Waive Formal Bidding Procedures for Single Source Purchase APP 1341- 15A Report of Bid - Second Floor Conversion Augspurger Ramp(Ell) APP 1342- 15B Request Permission to Contract With Meals on Wheels- Purchase & Install Generators -CDBG Yr 39 APP 1343- 16. Appoint Truck Driver(Temp)(Max)(Dargavel) CS 1344- 17. Appoint Animal Shelter Attendant(Prov)(Inter)(Brown) CS POLICE 1345- 17A Drug Asset Forfeiture Wire Transfers R &F 1346- 18. Approval to Purchase Cellebrite UFED Ultimate Touch FIN FIRE 1347- 18A Permission to Extend Agmt With LaSalle Ambulance for EMS While Negotiating Long Term Contract APP CORPORATION COUNSEL 1348- 19. Appoint Senior Deputy Corporation Counsel (Exempt)(Flat)(Strom) CS PERMITS AND INSPECTIONS 1349- 20. Food Store License (New) -440 Amherst aka 442(North) APP 1350- 21. Food Store License (New) -490 Connecticut(Nia) APP 1351- 22. Food Store License (New) -364 Eggert(Univ) APP 1352- 23. Food Store License (New) -285 Grant(aka 287)(Nia) APP 1353- 24. Food Store License (New) -970 Kensington (Masten) LEG 1354- 25. Food Store License (New) -325 Niagara(Fill) LEG ADMINISTRATION AND FINANCE 1355- 26. Appoint Director of Urban Affairs(Exem pt) (Flat)(Marcy) CS COMMUNITY SERVICES 1356- 27. Proposed Agmt with Workforce Corp of Bflo and EC to Administer the Mayor's Summer Youth Internship Program APP 1357- 28. Appoint Director of Recreational Programing(exempt)(Drye) CS 1358- 28A Proposed Agmt With Say Yes to Ed Inc to Provide a Reading, Math and Science Summer Educational Enrichment Camp APP HUMAN RESOURCES 1359- 29. Approval of Contract with Palladian Inc. for the provision of an Employee Assistance Program for the COB APP CITY CLERK 1360- 30. Application for Restricted Use Permit -75 W. Chippewa- 07/11/2014(EII) APP 1361- 31. Application for Restricted Used Permit -75 W. Chippewa- 07/18/2014(EII) APP 1362- 32. Board of Ethics Meeting Minutes - 05/06/2014 R &F 1363- 33. Notice of Intention - Naming of Scheu Pk Green Space - "Mary Jean Sloan Park" R &F 1364- 34. Liquor License Applications R &F 1365- 35. Leaves of Absence R &F 1366- 35A Leaves of Absence R &F 1367- 36. Reports of Attendance R &F 1368- 36A Notices of Appointments - Council Interns ADOPT 1369- 37. Notices of Appointment - Seasonal R &F 1370- 38. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 1371- 39. K. Baldwin -NY Insurance Assoc Concerns Ride Sharing Companies CD 1372- 40. K. Baldwin - Property Casualty Insurers Assoc of America Concerns Commercial Ride Sharing CD 1373- 41. E. Betz - Concerns Lyft Ridesharing Application CD 1374- 42. D. Franczyk -E. Marzahn- Concerns Property in the West Village CD 1375- 42A T. Kinsler - Telecomm License Agreement -Fiber Technology Networks CD 1376- 42B T. Gleed- Concerns Proposed Methadone Clinic at HUB CD 1377- 43. D. Pridgen- Proposed Public Facilities for Repair R &F 1378- 44. J. Golombek -D. Fultz- Concerns Fire Performance Request Refund of Park Permit Fees Due to Shelter Appoint Associate Account Clerk(Perm)(Max)(Thomas) (EDP 1) Vendor Permit LEG,FIRE,EDPI 1379- 44A J. Montour -P. Rumore- Opposition to Move School Board Election LEG 1380- 45. D. Smith -News Release -The Education Comm of the Bflo Common Council APP 1408- Seeks Input in the Formation of an Educational Agenda for the COB ED 1381- 45A D. Smith - Questions on Board of Education ED 1382- 46. C. Tarr - Concerns BSA Fact Sheet Bird Ave and Land Ave ENV MNGT COMM PETITIONS Prevent Hub Methadone Clinic on Virginia St 1383- 47. D. Carr, Owner, Use 3264 Main St. to Reestablish a Restaurant /Bar In the ADOPT 1 sT & 2 "D RES AS AMENDED REM TO LEG Transit Station District and Add Use of s Sidewalk 54. Golombek Waive Special Event Permit Fee for George Washington Patio(hrg 7 /1)(Univ) LEG, CPBD 1384- 48. Q. Abduluabi, Owner, Use 1201 Hertel, New Owner to an Existing Restaurant APP 1412- In the Hertel Ave Special Zoning District(hrg 7 /1)(Del) LEG,CPBD RESOLUTIONS CIVIL SERVICE 1406- 49. Fontana Request Refund of Park Permit Fees Due to Shelter Appoint Associate Account Clerk(Perm)(Max)(Thomas) (EDP 1) APP 1386- 2.14 -1245 Com June 10 Unavailability APP 1407- 50. Fontana Transfer in Funds - Buffalo Niagara Film Commission APP 1408- 51. Fontana Transfer in Funds -Demo APP 1409- 52. Fontana Waive Fees for Houghton Academy # 69 -Year End Picnic APP 1410- 53. Franczyk Prevent Hub Methadone Clinic on Virginia St 1389- 5. 14 -595 No Mar 18 D. Pridgen -K. Palgutt- Concerns Parking 10 Symphony ADOPT 1 sT & 2 "D RES AS AMENDED REM TO LEG 1411- 54. Golombek Waive Special Event Permit Fee for George Washington Impending Closure of The Market Arcade Film & Arts Fishing and Camping Club Kids Fishing Derby APP 1412- 55. LoCurto Appoint Marriage Officer for a Period LEGISLATION Expiring 7/31 /14(Kearns) ADOPT 1413- 56. LoCurto Waiving Permit Fees for 2 nd Annual Anti - Bullying Event 1393- 9.14 -1257 No June 10 B. Latt, Owner, Use 116 Lafayette to Alter Existing One Family In Delaware Park APP 1414- 56A Pridgen Demolition Moratorium -204 High St. ADOPT 1415- 56B Scanlon Moratorium on New E- Cigarette and Hookah Stores/Lounges _APP APP W /COND 1416- 57. Scanlon Request for Consideration of Naming Shelter House as Caz Pk to a Sit In Restaurant & Patio in the Elmwood Business For Robert J. Williams LEG 1417- 58. Smith,etc Remaining Lots After Demolition CD 1418- 59. Wyatt Waive Permit Fee for Highgate Heights Elementary School's 1397- 13. 14 -1261 No June 10 E. Buscaglis, Owner, Use 244 Allen for Expansion of Existing Pre -K Graduation Picnic APP 1419- 60. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1385- 1.14 -1235 Com June 10 Appoint Associate Account Clerk(Perm)(Max)(Thomas) (EDP 1) APP 1386- 2.14 -1245 Com June 10 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 1387- 3.14 -1232 Com June 10 Approval to Purchase New Police Vehicles(Pol) APP COMMUNITY DEVELOPMENT 1388- 4.14 -1139 No May 27 M. Brown - Request Support of Prayer Circle in Niagara Square -June 2014 R &F 1389- 5. 14 -595 No Mar 18 D. Pridgen -K. Palgutt- Concerns Parking 10 Symphony Circle's Lot R &F 1390- 6.13 -78 Res Dec 10 Impending Closure of The Market Arcade Film & Arts Center(Pridgen) R &F 1391- 7. 13 -50 No Mar 5 D. Pridgen -J. Booth - Public Safety Crosswalks R &F LEGISLATION 1392- 8. 14 -1256 No June 10 J. Molek, Agent, Use 1435 Hertel to Erect an Open Balcony for Sit in Restaurant Which Projects on the City ROW(hrg 6 /17)(Del)RECOMMIT 1393- 9.14 -1257 No June 10 B. Latt, Owner, Use 116 Lafayette to Alter Existing One Family Dwelling to Include a Residential Beauty Parlor(hrg 6 /17)(Nia) APP 1394- 10. 14 -1258 No June 10 S. Mucino, Agent, Use 765 Elmwood for an Outdoor Patio on City ROW in The Elmwood Ave Business District(hrg 6/17)(Del) APP W /COND 1395- 11. 14 -1259 No June 10 B. Siegel, Agent, Use 153 Elmwood for Alterations and Renovations to a Sit In Restaurant & Patio in the Elmwood Business District(hrg 6/17)(Fill) APP 1396- 12.14 -1260 No June 10 I. Karanovic, Owner, Use 1941 Clinton St for a Used Appliance Store in the Clinton St Special District(hrg 6 /17)(Lov) APP 1397- 13. 14 -1261 No June 10 E. Buscaglis, Owner, Use 244 Allen for Expansion of Existing Bar /Restaurant in The Allen St Special District(hrg 6/17)(Fill) APP 1398- 14. 14 -1262 No June 10 S. Testa, Owner, Use 1200 Hertel to Reestablish a Restaurant With an Outdoor Cafe in the Hertel Ave Special District(hrg 6/17)(Del) APP 1399- 15. 14 -1263 No June 10 J. Jarnot, Agent, Use 1400 Bailey for a LED Pole Sign(no hrg)(Lov)APP 1400- 16. 14 -1285 No June 10 J. Popiela, Agent, use 2300 Delaware to Erect a Free Standing Pole- Sign(North) (No hrg)( #14- 1040,5/13)( #14 - 1180,5/27) RECOMMIT 1401- 17. 14 -1286 No June 10 Application for Landmark Status High St Historic District (195,204,225 High)(Pres Bd)(Pub Hrg 06/03)( #14 -975, May 13)_RECOMMIT 1402- 18. 14 -1152 No May 27 D. Burke, Agent, Use 173 Allen to Re- Establish a Restaurant and Patio With New Owner (hrg 6 /3)(Fill) APP 1403- 19. 14 -1179 No May 27 M. Marino, Owner, Use 256 Allen for a Bar /Restaurant and Patio in the Allen St District(Fill)(Hrg 5/20)( #14 -1039, 5/13) APP /COND 1404- 20. 14 -621 No Mar 18 Public Financing for City of Buffalo Elections (Golombek)( #14 -503, 3/4) R &F 1405- 21. 13 -71 Res Oct 15 Public Financing for COB Elections R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JUNE 24, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt - 9 Absent - -None 0 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on June 10, 2014 were approved NO. 1323 FROM THE MAYOR APPOINTMENTS TO EMERGENCY MEDICAL SERVICES (EMS) BOARD As part of my strategic vision to provide even better emergency medical services (EMS) in the City of Buffalo, a vision shared by Fire Commissioner and Emergency Medical Services Board Chair Garnell W. Whitfield, I am formally notifying your Honorable Body of the following appointments to the City's EMS Board, pursuant to City Code §72 -6: Michael Hughes, Vice President and Chief Marketing Officer at Kaleida Health (recommended by President and CEO Jody Lomeo) Thomas Quatroche, Jr., Ph.D., Senior Vice President of Marketing, Planning, and Business Development at ECMC (recommended by President, COO, and interim CEO Richard Cleland) Roger Duryea, Jr., Vice President of Planning & Regional Development at Catholic Health (recommended by President and CEO Joseph McDonald) Carl Thomas, Public Safety Chief at Roswell Park Cancer Institute (recommended by President and CEO Donald Trump) Sucharita Paul, MD., Clinical Assistant Professor of Emergency Medicine (recommended by Dr. Michael Cain, Dean of UB School of Medicine and Biomedical Sciences) Pastor James Giles, leader and President of Back to Basics Outreach Ministries and Supervising Coordinator of Buffalo Peacemakers These new EMS Board members will serve three year terms and augment the Board's current membership. As we enter into negotiations for a new emergency medical services contract with Rural /Metro Corporation, the appointment of these new, highly qualified members to the EMS Board will improve ambulance response times and patient care and transport through close monitoring and contract oversight by the EMS Board. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 1324 PERMISSION TO EXTEND DESIGNATION TO DEVELOPER THE POLISH COMMUNITY CENTER OF BUFFALO, INC. D.B.A. THE LT. COL. MATT URBAN HUMAN SERVICES CENTER OF WNY AS DEVELOPER FOR FORMER SCHOOL NO. 57 LOCATED AT 243 SEARS FILLMORE DISTRICT The Office of Real Estate respectfully requests that Your Honorable Body extend the designation of the Polish Community Center of Buffalo, Inc. d /b /a /the Lt. Col. Matt Urban Human Services Center of WNY as the Developer, and /or a corporation, partnership, or other legal entity to be designated by the Polish Community Center of Buffalo, Inc. d /b /a the Lt. Col. Matt Urban Human Services Center of WNY, Item No. 6 C.C.P. June 11, 2013 approved by the City of Buffalo Common Council, as the Developer of the Property for a period of eighteen (18) months subject to but not limited to the following terms and conditions. Reimbursement of alarm monitoring service which is currently Twenty -Nine Dollars and Ninety -Five Cents ($29.95) per month Exterior grounds maintenance in the form of snow removal, grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc). c. Weekly reporting by the Developer to the City of site activity. d. Payment of a designation fee of One Hundred Dollars ($100.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. e. In the event the Developer shall exercise its option to acquire said Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property f. within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees 2. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. h.. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). i. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. j. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. k. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials I. Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. m. The successful negotiation of an LDA for approval by the Common Council no later than eighteen (18) months from the date the Common Council approves the designation. n. That the Developer, or an entity to be designated by the Developer and approved by the City, sign a Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability. o. Upon signing of the LDA, payment by the Developer to the Office of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the agreed to Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. p. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens Owed to the City of Buffalo, or if code violations exist on any property owned by them. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. The designation will expire eighteen (18) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of the Polish Community Center of Buffalo, Inc. d /b /a the Lt. Col. Matt Urban Human Services Center of WNY with a mailing address of 1081 Broadway, Buffalo, New York, 14211, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Council for final approval agreements for the transfer of title. Director of Real Estate Mr. Smith moved That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated June 18, 2014, be received and filed; and That the Common Council hereby extends the designation of the Polish Community Center of Buffalo, Inc., d /b /a Lt. Col. Matt Urban Human Services of WNY as the Developer, and /or a corporation, partnership or other legal entity to be designated by the Polish Community Center of Buffalo, Inc., d /b /a Lt. Col. Matt Urban Human Services Center of WNY, Item No. 6, C.C.P., June 11, 2013, approved by the City of Buffalo Common Council, as the Developer of the Property for a period of eighteen (18) months subject, but not limited to, the following terms and conditions: Reimbursement of alarm monitoring service, which is currently Twenty -Nine Dollars and Ninety -Five Cents ($29.95) per month; Exterior grounds maintenance in the form of snow removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage, bottles, etc.); Weekly reporting by the Developer to the City of site activity; Payment of a designation fee of One Hundred Dollars ($100.00) per month ( "Designation Fee ") by Developer to the Division of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. In the even the Developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement ( "LDA ") to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary)and the construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with Article XXVII of the Zoning Ordinance of the City of Buffalo. g. Submission of a colored rendering of the project suitable for presentation to the Common Council which shall be submitted by the Developer to the Division of Real Estate prior to Common Council approval of a Land Disposition Agreement. h. Submission of monthly progress reports by the Developer to the Division of Real Estate by the fifth (5 th) of each month, beginning in the month following this designation. i. Submission by the Developer to the Division of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the property for Developer's intended use, and /or the presence or absence of hazardous substances as such term are used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractor's accessing the property. k. The successful negotiation if an LDA for approval by the Common Council no later than eighteen (18) months from the date the Common Council approves the designation. I. That the Developer, or an entity to be designated by the Developer and approved by the City, sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability. m. Upon signing of the LDA, payment by the Developer to the Division of Real Estate, a non - refundable deposit in the amount often percent (10 %) of the agreed to purchase price. The purchase price is to be established in accordance with Article 27 of the City of Buffalo Charter. n. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them. That the Common Council hereby approves the designation of the Polish Community Center of Buffalo, Inc., d /b /a the Lt. Col. Matt Urban Human Services Center of WNY, with a mailing address of 1081 Broadway, Buffalo, New York 14211, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced property on the above terms and conditions; that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the development of the property, and forwards to the Common Council for final approval agreements and the transfer of title PASSED AYES — 9 NOES — 0 NO. 1326 ANNUAL ACTION PLAN - 2014 -15 Attached for your Honorable Body's consideration is an executive summary of the City of Buffalo's proposed 2014/15 Annual Action Plan, which distributes federal funding under four entitlement programs: Community Development Block Grant, HOME Investment Partnerships, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS. The plan identifies projects that address critical needs in housing, neighborhood revitalization, economic development, and public services for low -and moderate - income households and communities. Pursuant to US Department of Housing and Urban Development requirements, the proposed Annual Action Plan has been developed through a citizen participation process. Copies of the final plan that is approved by Council will be made available for citizen review and comment at a public hearing to be held at the American Red Cross a— 6 PM on Tuesday, July 15, 2014. Public service agency contracts under the CDBG, ESG, and HOPWA programs can be approved as part of this Council item based upon the amounts committed to the agencies identified in the Annual Action Plan. The remainder of the budgeted items will follow the standard city contracting process or be expended pursuant to the authority granted in the sub - recipient agreements currently in effect between the City of Buffalo and Buffalo Urban Renewal Agency. I respectively request that your Honorable Body: (1) approve the proposed 2014/6 Annual Action Plan; and (2) authorize the Mayor's Office of Strategic Planning and /or Department of Community Services to execute all agreements and related documents to carry out the projects identified therein, consistent with the rules and regulations governing the CDBG, HOME, ESG, and HOPWA programs. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 1326 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $100,000.00 be transferred and reappropriated as set forth below: From: 15513006 - 434000 Youth Services - Contractual Service $100,000.00 To: 17112006 - 435201 -11422 GIA - Buffalo Niagara Film Commission $100,000.00 RECEIVED AND FILED NO. 1327 CERTIFICATE OF NECESSITY 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 $ 32,000.00 be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Planning $32,000.00 To: 30320006 - 445100 Demolition &City Owned Facilities $32,000.00 RECEIVED AND FILED NO. 1328 2014 -2015 ANNUAL AUDIT PLAN Attached please find the 2014 -2015 Annual Audit Plan. RECEIVED AND FILED NO. 1329 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 $35,000 as needed subject to your approval. Loan is payable at date of reimbursement. From 1000- General Fund To 2501 - Special Revenue Fund — State Advancing Redevelopment of Buffalo's Waterfront Advancing Redevelopment of Buffalo's Waterfront Grant Title Advancing Redevelopment of Buffalo's Waterfront Grant Agency New York State Department of State Grant Amount $874,360 Loan Amount Maximum of $35,000 Estimated Date of Repayment: October 2015 RECEIVED AND FILED NO. 1330 INTERFUND LOAN —FIRE APPARATUS As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2013 City Capital Improvements Budget for Fire Apparatus. The loan of $500,000 will be repaid when BANs or Bonds are issued in Fiscal year 2014 -15. From To Account Repayment Date Total General Fund Capital Projects — Fire 38320306 April 2015 $500,000 Apparatus 13 Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are three City projects with an interfund loan amount of $1,170,467 outstanding. If this current request is approved, the City will be committed to $1,670,467' in projects. 2013 Capital Budget $21,801,885.00 Bonds /BAN's Issued (18,549,168.00) Authorized but Unissued Projects 3,252,717.00 Approved Interfund Loan - Hatch Restaurant Additions (470,467.00) Approved Inter fund Loan - Police Precinct Renovations (400,000.00) Approved Interfund Loan - Library Improvements (300,000.00) Requested Interfund Loan - Fire Apparatus (500,000.00) 2013 Unfunded Projects $1,582,250.00 2014 Capital Budget $22,900,000.00 Bond /BANS Issued (16,058,000.00) Authorized but Unissued Projects $6,842,000.00 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced RECEIVED AND FILED NO. 1331 APPOINT ASSISTANT AUDITOR(INTER)(PERM) Appointment effective 06/16/2014 in the Department of Audit and Control, Division of Audit, to the Position of Assistant Auditor, Permanent at the Intermediate Salary of $39,688.00 Meghan E. Blake, 62 Whitfield Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1332 NOTIFICATION SERIAI # 10699 INSTALL ONE -WAY STREET DIRECTION EAST PARK AVENUE - SOUTHEAST BOUND FROM HUMBOLDT PARKWAY (INCLUDING THE DRIVE IN FRONT OF THE BUFFALO MUSEUM OF SCIENCE) TO NORTH FILLMORE AVENUE ( MASTEN DISTRICT) ONE -WAY STREET DIRECTION - 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 Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT East Park Avenue Southeast bound from Humboldt Parkway (including the drive in front of the Buffalo Museum of Science) to North Fillmore Avenue This action is being taken to maximize parking opportunities at Martin Luther King Park and the Buffalo Museum of Science. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That part of Section 22 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: one -way street direction: Name of Street Direction of Traffic Movement East Park Avenue Southbound from Humboldt Parkway (including the drive in front of the Buffalo Museum of Science) to North Fillmore Avenue PASSED AYES — 9 NOES — 0 NO. 1333 1064 SYCAMORE STREET VESTIBULE ADDITION WITHIN RIGHT OF WAY Mr. Zillur Rahman, owner of the property located at 1064 Sycamore Street, has requested permission to build a vestibule addition within City Right of Way at said address. The vestibule would be located on the Sobieski Street side of the property. The vestibule would project 4' from the building face into the right of way leaving approximately 10' of public sidewalk after installation. By allowing the vestibule to encroach into the right of way the residents can better mitigate the cold winter months. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the vestibule be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the addition as long as it remains within City right of way. 4. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. 5. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond and /or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said vestibule addition. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Mere License" to Mr. Mr. Zillur Rahman, owner of the property located at 1064 Sycamore Street, to build a vestibule addition within the City right -of -way at said address. The vestibule would be located on the Sobieski Street side of the property and would project 4' from the building face into the right -of -way leaving approximately 10' of public sidewalk after installation, provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary; 2. That the vestibule be installed exactly as shown on plans submitted to and approved by the Department of Permits and Inspection Services; 3. That the applicant be responsible for maintenance of the addition as long as it remains within the City right -of -way; That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(f) of the City Charter; and That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond and /or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said vestibule addition. PASSED /REFERRED TO THE CITY PLANNING BOARD AYES — 9 NOES — 0 NO. 1334 CHANGE IN CONTRACT CONTRACT #93000946 CITY COURT FIRE DETECTION /ALARM SYSTEMS ELLICOTT DISTRICT I HEREBY SUBMIT TO YOUR Honorable Body the following change for the City Court, Fire Detection /Alarm Systems, Weydman Electric, C #93000945 1.) This change is a credit for the deletion of fire phones - $10,732.80 2.) Signal testing for Buffalo Fire radios $1,343.03 3.) Isolation relays required to interface with existing fan shutdowns $4,655.83 4.) The foregoing change results in a net decrease in the contract of Four Thousand Seven Hundred Thirty Three Dollars and 94/100($4,733.94) Summary Contract Amount $684,639.40 Amount of this Change Order - $4,733.94 Revised Contract Amount $679,905.46 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated June 13, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $4,733.94 (Original Contract Amount $684,639.40 - Change Order #1 $4,733.94 for a Revised Contract Amount of $679,905.46) for the City Court Fire Detection /Alarm System, to Weydman Electric, C #93000945. The foregoing change results in a net decrease in the contract of $4,733.94. PASSED AYES — 9 NOES — 0 NO. 1336 PERMISSION TO ENGAGE IN AGREEMENT FOR DRUG AND ALCOHOL TESTING SERVICES The Department of Public Works, Parks, and Streets request permission from Your Honorable Body for the authorization to engage in an agreement with Employer Care, Inc. for drug and alcohol testing services. The City of Buffalo will utilize an existing Erie County contract (bid# 23- 4044 -004) which term runs from May 1, 2014 - April 30, 2015. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 4, 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 Employer Care, Inc. for drug and alcohol testing services. The City of Buffalo will utilize an existing Erie County contract (Bid #214044 -044) which term runs from May 1, 2014 to April 30, 2015. PASSED AYES — 9 NOES - 0 NO. 1336 PERMISSION TO HIRE CONSULTANT BUFFALO FIRE DEPARTMENT -VARIOUS PROGRAM & DESIGN FOR NEW FIRE STATIONS JOB #1412 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for programming and design of new Fire Stations. The consultant will work with the BFD, develop an architectural program that will meet all operational requirements of the department, and then provide a design and cost estimated that will be used for all future fire stations. Benefit: Reduce the City's design costs by hundreds of thousands of dollars; standardize equipment inventories; use best practices in designing a fire house prototype for the BFD, and provide the same functional space for each fire station. The cost for consulting services is estimated not to exceed $208,000.00. Funds are available in 30064706 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. SJS /PM /DDC /ddc cc: Comptroller Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for programming and design of new Fire Stations. The consultant will work with the Buffalo Fire Department, develop an architectural program that will meet all operation requirements of the department, and then provide a design and cost estimate that will be used for all future fire stations. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #30064706 445100 - Buildings. PASSED — 9 NOES - 0 NO. 1337 PERMISSION TO HIRE CONSULTANT CITY HALL CAFETERIA VENTILATION JOB #1413 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for the cafeteria ventilation upgrade, City Hill. The cost for consulting services is estimated not to exceed $13,000.00. Funds are available in 35323106 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for the Cafeteria ventilation update, City Hall. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #353231096 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 1338 PERMISSION TO HIRE CONSULTANT FOR CITYWIDE PLAYCOURTS PHASE III VARIOUS DISTRICTS Permission is hereby requested from your Honorable Body to retain Nussbaumer and Clarke, Inc as a consultant for the Architectural and Engineering Services for the 2014 -2015 Citywide Parks Improvements. The improvements will consist of, but not be limited to, final design and construction oversight for playgrounds, basketball courts, tennis courts, fencing and other general improvements. $100,000.00 is the "not to exceed" cost for the proposed contract. Funds are available in account #36400116- 445100- Parks, and account (s) to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Nussbaumer and Clarke, Inc. as a consultant for the architectural and engineering services for the 2014 -2015 Citywide Park Improvements. The improvements will consist of, but not be limited to, final design and construction oversight for playgrounds, basketball courts, tennis courts, fencing and other general improvements. Funds are available in Account #36400116- 445100 - Parks, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 1339 PERMISSION TO HIRE CONSULTANT FOR LASALLE & MANHATTAN PARK SHELTER HOUSE /LIGHTING IMPROVEMENTS VARIOUS DISTRICTS Permission is hereby requested from your Honorable Body to retain Watts Architecture & Engineering as a consultant for the Architectural and Engineering Services for Park Shelter House Improvements. The improvements will consist of, but not be limited to, final design and construction oversight for LaSalle Park Shelter House based on 2012 Recommendations Report & Manhattan Park Shelter House & Field Lighting. $50,000.00 is the "not to exceed" cost for the proposed contract. Funds are available in account #36400116- 445100 - Parks, and account (s) to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 18, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to retain Watts Architecture & Engineering as a consultant for the Architectural and Engineering Services for Park Shelter House Improvements. The improvements will consist of, but not be limited to, final design and construction oversight for LaSalle Park Shelter House based on 2012 Recommendations Report and Manhattan Park Shelter House and Field Lighting. Funds are available in Account #36400116- 445100 - Parks, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1340 PERMISSION TO WAIVE FORMAL BIDDING PROCEDURES FOR SINGLE SOURCE PURCHASE The Department of Public Works, Parks, and Streets is requesting permission from Your Honorable Body to waive formal bidding procedures for the single source purchase of a Bobcat Skid Steerer. The City currently only owns Bobcat branded skid steerers, replacement parts, and attachments which are interchangeable (i.e. buckets, grapples, plow blades, brooms). It would be financially advantageous that the acquisition of a new skid steerer be able to be interchangeably equipped with all existing parts and accessories currently owned by the department. In order to achieve this benefit and avoid purchasing duplicate parts and accessories unique to another brand, the department needs to solicit a single source bid for the specific brand of Bobcat. If granted permission, the department will notify the Division of Purchase to solicit the Single Source Formal Bid to procure the product. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated June 4, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to waive formal bidding procedures for the single source purchase of a Bobcat Skid Steerer; and that the Division of Purchase is hereby authorized to solicit the Single Source Formal Bid to procure the product. PASSED AYES 9, NOES 0 NO. 1341 REPORT OF BID SECOND FLOOR CONVERSION4AUGSPURGER PARKING RAMP ELLICOTT DISTRICT This is to advise your Honorable Body that I requested and received bids Proposals on May 21, 2014 for converting the currently unused second floor of the Augspurger Parking Ramp into parking spaces area. General Contractor 1- Nichter Construction Inc. $513,000.00 2- Patterson - Stevens, Inc. $596,500.00 3- R.B. Mac Construction Co. $739,900.00 4- Nichols, Long & Moore $749,800.00 Electrical Contractor: 1 - Goodwin Electric Corporation $ 62,473.00 2 - Industrial Power & Lighting Corp. $ 78,800.00 3- Weydman Electric, Inc. $ 85,900.00 4 - Frey Electric $ 94,000.00 Mechanical Contractor: 1 - John W. Danforth Company $ 86,669.00 1 hereby certify that the lowest responsible bidders are as follows and respectfully recommend that your Honorable Body authorize a contract award in following amounts: Nichter Construction Inc. - $ 564,300 (Base Bid $ 513,000+ a $ 51,300 - 10% Unit bid increase = $ 584,300). Goodwin Electric Corporation - $ 68,720.30 (Base Bid $ $ 62,473+ a $ 6,247.30 - 10% Unit bid increase = $ 68,720.30). John W. Danforth Company - $ 95,335.90 (Base Bid $ $ 86,669+ a $ 8,666.90 - 10% Unit bid increase = $ 95,335.90). The Funds are available in the parking Enterprise Fund, Capital Reserve Account # 51008207 - 470010. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 20, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner Ofthe Department of Public Works, Parks and Streets to enter into an agreement for converting the currently unused second floor of the Augspurger Parking Ramp into parking spaces with the following contractors: General Contractor: Nichter Construction, Inc., with a total bid of $564,300.00 (Base Bid of $513,000.00 + 10% unit price increase of $51,300.00 for a Total Bid Amount of $564,300.00). Electrical Contractor: Goodwin Electric Corporation, with a total bid of $68,720.30 (Base Bid of $62,473.00 + 10% unit price increase of $6,247.30 for a Total Bid Amount of $68,720.30). Mechanical Contractor: John W. Danforth Company, with a total bid of $95,3351.90 (Base Bid of $86,669.00 + 10% unit price increase of $8,666.90 for a Total Bid Amount of $95,335.90). Funding for this project is available in the Parking Enterprise Fund, Capital Reserve Account #51008207 - 470010. PASSED AYES 9, NOES 0 NO. 1342 REQUEST PERMISSION TO CONTRACT WITH THE MEALS ON WHEELS OF W.N.Y. FOR THE PURCHASE & INSTALLATION OF GENERATORS CDBG YR 39 -50203 Permission is hereby requested from Your Honorable Body for the City of Buffalo (City) to contract with Meals on Wheels of Western New York / Meals on Wheels Foundation of W.N.Y. (MOW), a Not For Profit Corporation having their principal office at 100 James E. Casey Drive, Buffalo, New York 14212 (the Property), for the purchase and installation of Generators at the Property. CDBG funds in the amount not to exceed the sum of One Hundred Fifty Two Thousand Two Hundred Ninety Nine and 00/100 Dollars ($152,299.00) will be used for the purchase & installation of the Generators. MOW will be purchasing (3) 150kW MG Generators with recommended options, sub -total Cost of $133,329.00 from New York State Contract # PC62003. The generators will be installed at the Property by South Buffalo Electric, Inc according to plans and specifications for an amount not exceed $68,167.00. MOW will use $43,000.00 of their own funds towards the purchase and /or the installation of the generators. Bids for the installation and project costs have been received and reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in C19R2037 - 47000 - Buildings. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 23, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into contract with Meals on Wheels of WNY /Meals on Wheels Foundation of WNY ( "MOW "), a not - for - profit corporation, having their principal office at 100 James E. Casey Drive, Buffalo, New York 14212 (the "Property "), for the purchase and installation of generators at the property. Funding for this work is available in Account C19R2037 - 47000 - Buildings. PASSED AYES 9, NOES 0 NO. 1343 APPOINT TRUCK DRIVER(TEMP)(MAX)(DARGAVEL) Certificate of Appointment Appointment effective 6/9/2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Temporary Promotional Maximum Starting Salary of $37,447 Scott Dargavel, 545 Fisher Rd, West Seneca, 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1344 APPOINT ANIMAL SHELTER ATTENDANT(PROV)(INTER)(BROWN) Certificate of Appointment Appointment effective 6/12/2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Animal Shelter Attendant Provisional Open- Competitive Intermediate Starting Salary of $34,394 Bonita Brown, 100 Lockwood Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE DEA TOTAL $42,401.38 US CUSTOMS 2012090100041601 1,372.50 TOTAL DEPOSIT $43,773.88 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 1346 APPROVAL TO PURCHASE CELLEBRITE UFED ULTIMATE TOUCH The Buffalo Police Department hereby requests from your honorable body permission to enter into a purchase agreement with Cellebrite, Inc. to purchase a Universal Forensic Extraction Device ( "UFED "). The Cellebrite UFED Ultimate Touch will replace current equipment that is quickly becoming out of date and will no longer be supported. When hardwired to a smart phone or cell phone the UFED will allow Detectives to extract certain data, including GPS, SMS, MMS, phone calls, pictures and video. This data will provide invaluable information to aid Detectives in establishing a link between multiple parties, which could include a link between a suspect and a victim or between multiple suspects, and could also help break alibis or exonerate innocent parties. A request for proposals for this item was issued on March 5, 2014 to prospective bidders and advertised on the City's website, with a due date of April 9, 2014. The bid opening was conducted and two (2) responses were received, both for the Cellebrite UFED. The response submitted by the direct manufacturer, Cellebrite UFED was determined to offer the City the best value. This purchase will be completed utilizing current drug asset forfeiture funds. Thank you for your consideration of this request. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE No. 1347 PERMISSION TO EXTEND AGREEMENT WITH LA SALLE AMBULANCE, INC., D /B /A/RURAL /METRO CORPORATION, FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, WHILE NEGOTIATING A LONG -TERM CONTRACT The Buffalo Fire Department respectfully requests your Honorable Body's permission to enter into contract negotiations with La Salle Ambulance, Inc., d /b /a Rural /Metro Corporation ( "Rural /Metro') to serve as the City of Buffalo's Emergency Medical Services (EMS) provider for a five year term. The City issued a comprehensive Request for Proposals (RFP) for this service on December 19, 2013, and received three proposals in response prior to the January 27, 2014 deadline. A Review Committee consisting of myself, certain Law Department personnel, and a representative of the City's EMS Board conducted an exhaustive review and examination of the proposals in order to select the provider that insures the highest quality of service for the City. The Review Committee unanimously agreed that Rural /Metro submitted a superior application, which proposes additional resources to improve response times and overall patient care. Rural /Metro has an established stake in the community as evidenced by its longstanding history with the City and its demonstrated commitment to local hiring. Significantly, Rural /Metro proposed a well thought out patient monitoring program to better utilize resources and increase efficiency in high demand periods. It also proposed two distinct programs to reduce unnecessary civilian reliance on emergency services. Furthermore, it has assured the City that extensive continuous quality improvement procedures have been put in place. Rural /Metro's proposal demonstrates a commitment to providing the best service and response times to the City and its residents. The City anticipates negotiating an increased franchise fee, penalties for any lapses in service should they arise, and swift implementation of resource conservation programs. By taking the above steps, City residents will benefit from improved EMS and ambulance response times, enhanced patient care and transport, and ongoing contract monitoring by the EMS Board. In order to ensure a seamless transition into the new contract period, I am also requesting an extension of the current contract for one additional month, until July 31, 2014. This extension will give us adequate time to negotiate a new five year contract. Thank you for your consideration of this matter. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated June 19, 2014, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Buffalo Fire Department to extend the agreement with LaSalle Ambulance, Inc. d /b /a Rural /Metro Corporation to serve as the City of Buffalo's Emergency Medical Service provider until September 16, 2014. PASSED AYES 9, NOES 0 FROM THE CORPORATION COUNSEL NO. 1348 APPOINT SENIOR DEPUTY CORPORATION COUNSEL(EXEMPT)(FRLAT)(STROM) FROM THE COMMISSIONER OF POLICE NO. 1345 DRUG ASSET FORFEITURE WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 2/2/88 13 -DEA- 587367 2/25/2014 3,258.20 13 -DEA- 584362 2/25/2014 2,700.00 13 -DEA- 589067 2/25/2014 1,381.80 08- DEA -50 4351 C2 -08 -0096 4,525.56 13 - DEA -58 2854 C2 -13 -0100 1,799.70 13 -DEA- 583201 C2 -13 -0102 2,628.00 14 -DEA- 592986 C2 -14 -0047 1,423.80 10 -DEA- 522932 C2 -10 -0004 6,425.87 10- FBI - 003921 245D -BF -40329 312.36 08 -DEA- 504013 C2 -08 -0096 11,585.88 08 -DEA- 504013 C2 -08 -0096 6,360.21 (15% SAFF YR8 DEP #22) DEA TOTAL $42,401.38 US CUSTOMS 2012090100041601 1,372.50 TOTAL DEPOSIT $43,773.88 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 1346 APPROVAL TO PURCHASE CELLEBRITE UFED ULTIMATE TOUCH The Buffalo Police Department hereby requests from your honorable body permission to enter into a purchase agreement with Cellebrite, Inc. to purchase a Universal Forensic Extraction Device ( "UFED "). The Cellebrite UFED Ultimate Touch will replace current equipment that is quickly becoming out of date and will no longer be supported. When hardwired to a smart phone or cell phone the UFED will allow Detectives to extract certain data, including GPS, SMS, MMS, phone calls, pictures and video. This data will provide invaluable information to aid Detectives in establishing a link between multiple parties, which could include a link between a suspect and a victim or between multiple suspects, and could also help break alibis or exonerate innocent parties. A request for proposals for this item was issued on March 5, 2014 to prospective bidders and advertised on the City's website, with a due date of April 9, 2014. The bid opening was conducted and two (2) responses were received, both for the Cellebrite UFED. The response submitted by the direct manufacturer, Cellebrite UFED was determined to offer the City the best value. This purchase will be completed utilizing current drug asset forfeiture funds. Thank you for your consideration of this request. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE No. 1347 PERMISSION TO EXTEND AGREEMENT WITH LA SALLE AMBULANCE, INC., D /B /A/RURAL /METRO CORPORATION, FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, WHILE NEGOTIATING A LONG -TERM CONTRACT The Buffalo Fire Department respectfully requests your Honorable Body's permission to enter into contract negotiations with La Salle Ambulance, Inc., d /b /a Rural /Metro Corporation ( "Rural /Metro') to serve as the City of Buffalo's Emergency Medical Services (EMS) provider for a five year term. The City issued a comprehensive Request for Proposals (RFP) for this service on December 19, 2013, and received three proposals in response prior to the January 27, 2014 deadline. A Review Committee consisting of myself, certain Law Department personnel, and a representative of the City's EMS Board conducted an exhaustive review and examination of the proposals in order to select the provider that insures the highest quality of service for the City. The Review Committee unanimously agreed that Rural /Metro submitted a superior application, which proposes additional resources to improve response times and overall patient care. Rural /Metro has an established stake in the community as evidenced by its longstanding history with the City and its demonstrated commitment to local hiring. Significantly, Rural /Metro proposed a well thought out patient monitoring program to better utilize resources and increase efficiency in high demand periods. It also proposed two distinct programs to reduce unnecessary civilian reliance on emergency services. Furthermore, it has assured the City that extensive continuous quality improvement procedures have been put in place. Rural /Metro's proposal demonstrates a commitment to providing the best service and response times to the City and its residents. The City anticipates negotiating an increased franchise fee, penalties for any lapses in service should they arise, and swift implementation of resource conservation programs. By taking the above steps, City residents will benefit from improved EMS and ambulance response times, enhanced patient care and transport, and ongoing contract monitoring by the EMS Board. In order to ensure a seamless transition into the new contract period, I am also requesting an extension of the current contract for one additional month, until July 31, 2014. This extension will give us adequate time to negotiate a new five year contract. Thank you for your consideration of this matter. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated June 19, 2014, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Buffalo Fire Department to extend the agreement with LaSalle Ambulance, Inc. d /b /a Rural /Metro Corporation to serve as the City of Buffalo's Emergency Medical Service provider until September 16, 2014. PASSED AYES 9, NOES 0 FROM THE CORPORATION COUNSEL NO. 1348 APPOINT SENIOR DEPUTY CORPORATION COUNSEL(EXEMPT)(FRLAT)(STROM) Certificate of Appointment Appointment effective 6/5/2014 in the Department of Law to the Position of Senior Deputy Corporation Counsel Exempt Flat Starting Salary of $84,564 Shauna L. Strom, 380 Woodward Avenue, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1349 FOOD STORE (NEW) 440 AMHERST ST AKA 442 (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Fond Store License located at 440 Amherst St aka 442 (ALAWI ALABADUBLACK ROCK EXPRESS MART INC.) and find that as to form is correct I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate, Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 18, 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 Alawi Alabadi d /b /a Black Rock Express Mart Inc. located at 440 Amherst Street a /k/a 442 Amherst Street. NO. 1350 FOOD STORE (NEW) 490 CONNECTICUT (NIAGARA) 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 490 CONNECTICUT (MUSA AL AMARI /R & C MINI MART INC) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 11, 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 Musa Al Amari d /b /a R & C Mini Mart Inc. located at 490 Connecticut. PASSED AYES 9, NOES 0 NO. 1351 FOOD STORE LICENSE(NEW) -364 EGGERT(UNIV) Resubmitted 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 364 EGGERT (ALI MIUASSAR /TRADE FAIR FOOD MART. INC) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office. Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate, Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 12, 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 Ali Munassar d /b /a Trade Fair Food Mart, Inc. located at 364 Eggert. PASSED AYES 9, NOES 0 NO. 1352 FOOD STORE LICENSE(NEW) -285 GRANT (AKA 287)(NIA) 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 285 GRANT ST aka 287 (DAVID KAT /KAT FOOD MARKET.) 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 find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 9, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant m Chapter 194 of the City Code to issue a Food Store License to David Kat d /b /a Kat Food Market located at 285 Grant Street a /k/a 287 Grant Street. PASSED AYES 9, NOES 0 NO. 1353 FOOD STORE (NEW) 970 KENSINGTON (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 970 KENSINGTON (SALAI! HADI GABER /HAPPY HOUSE WAY INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1354 FOOD STORE (NEW) 326 NIAGARA (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 325 NIAGARA (REDHWAN HUSSEIN /190 EXPRESS DELL) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 1355 APPOINTDIRECTOR OF URBAN AFFAIRS(EXEMPT)(FLAT)(MARCY) Certificate of Appointment Appointment effective 6/16/2014 in the Department of Administration and Finance in the Division of Urban Affairs to the Position of Director of Urban Affairs Exempt Flat Starting Salary of $64,088 Michael Marcy, 705 Richmond Avenue, Buffalo 14222 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING No. 1356 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH WORKFORCE CORPORATION OF BUFFALO AND ERIE COUNTY TO ADMINISTER THE MAYOR'S SUMMER YOUTH INTERNSHIP PROGRAM The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Workforce Corporation of Buffalo and Erie County ( "WCBE ") to administer the payroll functions of the Mayor's Summer Youth Internship Program (the "Youth Program "). The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months in valuable on the job work and life experience ventures. Until recently, the Youth Program administration (management, set up, payroll functions, wind down, wrap -up and etc.) had been done through various City offices or departments, most recently through the City Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day management, troubleshooting and administration. Last year the City engaged WCBE to perform these functions, this year for these purposes and the Department of Community Services and Recreational Programming will perform all these functions except for the payroll. The City's engagement of WCBE to directly oversee the payroll function aspects of the Youth Program will result in the City's youth being better served. The Youth Program's funding from City budget sources for this summer (City's fiscal year 2014 -15 budget beginning July 1, 2014) is expected to be at least $1,200,000, with up to $1,176,000 thereof allocated to WCBE for Youth Program purposes and salaries for the participating youth. Direct operation and management by WCBE of the payroll functions of the Youth Program is expected to streamline Youth Program operations and management and is expected to also facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance acceptable to the department and fund up to $1,176,000 from the Department to WCBE to help administer the payroll functions of the youth program, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreational Programming, dated June 16, 2014, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming ( "Department ") to enter into an agreement in form and substance acceptable to the Department with the Workforce Corporation of Buffalo and Erie County ( "WCBE ") to administer the payroll functions of the Mayor's Summer Youth Internship Program (the "Youth Program "), and fund up to $1,176,000.00 from the Department to WCBE to help administer the payroll functions of the Youth Program; and That the Common Council hereby authorizes the Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement; and that the Common Council hereby directs the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Copy available for review in the City Clerk's Office PASSED AYES 9, NOES 0 NO. 1357 APPOINT DIRECTOR OF RECREATIONAL PROGRAM MING(EXEMPT)(MIN)(DRYE) Appointment effective June 16, 2014 in the Department of Community Services, Division of Recreational Programming to the Position of Director of Recreational Programming, Exempt at the Minimum Salary of $70,215 Nicole Drye, 73 Villa Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1358 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH SAY YES TO EDUCATION, INC. TO PROVIDE A READING, MATH AND SCIENCE SUMMER EDUCATIONAL ENRICHMENT CAMP TO ASSIST AND BENEFIT CHILDREN AND PARENTS OF THE CITY OF BUFFALO FOCUSING ON THE HIGHER ACADEMIC STANDARDS BROUGHT ABOUT BY THE COMMON CORE. The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage Say Yes To Education, Inc. ( "Say Yes ") to pay salaries of the teachers and counselors. Accordingly, the Department requests your Honorable Body to: Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance similar to the agreement attached hereto and expend up to $30,000 to achieve these objectives, Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreational Programming, dated June 24, 2014, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming to enter into an agreement with Say Yes to Education, Inc. to provide a reading, math and science summer educational enrichment camp to assist and benefit children and parents &the City of Buffalo; and That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement; and that the Common Council hereby directs the Corporation Counsel and other appropriate City and Department of Community Services and Recreational Programming personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 1359 APPROVAL OF CONTRACT WITH PALLADIAN INC. FOR THE PROVISION OF AN EMPLOYEE ASSISTANCE PROGRAM FOR THE CITY OF BUFFALO Attached for your Honorable Body's review and approval is a contract with Palladian Employee Assistance Program to provide an Employee Assistance Program to City of Buffalo employees, their spouses, and dependents who reside in the same household. Department of Human Resources is requesting that approval be granted to allow the Commissioner of Human Resources to execute the attached six month extension agreement, which will allow services to continue through December 31, 2014. Such services shall be provided at the rate $14.24 per employee, billed in quarterly increments. A Request for Proposal (RFP) is being prepared, and will go out by the end of October 2014. In the meantime, the Department of Human Resources is requesting that you approve an extension agreement until a new vendor is selected and approved. Thanking you in advance for your prompt consideration to the above request. Mr. Smith moved: That the above item be, and the above communication from the Department of Human Resources, Acting Director of Civil Service, dated June 18, 2014, be received and filed; That the Common Council hereby approves the contract extension with Palladian Inc. to provide an Employee Assistance Program to the City of Buffalo employees, their spouses, and dependents who reside in the same household, which will allow services to continue through December 31,2014. PASSED AYES — 9 NOES -0 FROM THE CITY CLERK NO. 1360 RESTRICTED USE PERMIT 75 W. CHIPPEWA (ELL) (CITY CLK)(07/11/2014) Item available for review in the city Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 11, 2014 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 1361 RESTRICTED USE PERMIT -75 W. CHIPPEWA 07/18/2014 (ELL) (CITY CLK) Item available for review in the city Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 18, 2014 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 1362 BOARD OF ETHICS MEETING MINUTES - 05/06/2014 City of Buffalo Board of Ethics Meeting Minutes Tuesday, May 6, 2014 Members in Attendance: Douglas Coppola James Magavem, Cavette Chambers, Gerald Chwalinski, Richard Sullivan, Eleanor Paterson. Excused: Elizabeth Hamed: Guests: Mary H. Baldwin, Deputy City Clerk, Robert Reden of Reden & O'Donnell, LLP, David Martz, & Jeremy Martz, City employees and represented by Reden & O'Donnell, LLP, Director Oswaldo Mestre Jr. Quorum New Business: An advisory opinion from BOE is requested by Reden & O'Donnell, LLP regarding Jeremy Martz, Assessor with the Dept. of Assessment & Taxation regarding Jeremy's part time weekend employment. Transactions Disclosure was submitted by Jeremy. BOE to review information submitted and discuss at June meeting. Director Mestre Jr., Director of Citizen Services, provided additional information to his Transactions Disclosure Statement regarding his attendance at the KANA Connect 2013 business conference. Director Mestre Jr. asked the BOE if they needed any additional clarity; however, the BOE was satisfied. Received and filed. Mayor Brown submitted Transactions Disclosures for 4/4/14 ( "Say Yes to Education ") In Los Angeles, CA, 3/13/14 in Washington, DC (US Conference of Mayors' Meeting), and 2/7/14 in NYC (related to the Buffalo Police). Additional information was submitted for clarity of itinerary and expenses. Received and filed. Deputy Mayor Grant joined the Mayor on 3/13/14 to Washington, DC and also submitted a Transactions Disclosure. BOE received more clarity regarding the itinerary and expenses. Received and filed. 5) Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Cavette will update this at June meeting. Financial Disclosure Status: Ms. Coralia Hetzner from Board of Assessment Review retired in Dec. 2013. All qualifying parties have submitted a 2014 form. Old Business: 1. Amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City to go in front of Common Council. Approval of the April 1, 2014 minutes. Next meeting is scheduled for Tuesday, June 17, 2014. Meeting is adjourned. (Meeting was rescheduled for Wednesday, June 18, 2014.) RECEIVED AND FILED NO. 1363 NOTICE OF INTENTION - NAMING OF SCHEU PARK GREEN SPACE[ "MARY JEAN SLOAN PARK" CCP# 1304 - 06/10/2014 This is to advise you that the public hearing for the above item is set for 07/08/2014 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 06/26/2014 and 07/03/2014. RECEIVED AND FILED NO. 1364 LIQUOR LICENSE APPLICATIONS Address Business Name Owner's Name 946 Elmwood McGarrets David Putnam 128 Genesee n/a Rocco Termini 1677 Hertel Tap Room Cortney Landmesser 3076 Bailey All Star Sports Bar Joe W. Bush 242 Allen Crust Buffalo Elizabeth Buscaglia NO. 1365 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- Howard Bookmiller RECEIVED AND FILED. NO. 1366 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: X Police- Howard Bookmiller RECEIVED AND FILED. NO. 1367 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: x Buffalo Sewer Authority RECEIVED AND FILED NO. 1368 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective June 30, 2014 in the Department of Common Council, Division of City Clerk to the Position of Intern VIII at the flat salary of $15.00 /hr Robert Castro, 303 Jersey St, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective June 30, 2014 in the Department of Common Council, Division of City Clerk to the Position of Intern VI at the flat salary of $10.00 /hr Kristy Bigouette, 7 Marine Drive Apt 3E, Buffalo, NY 14202 Christian Dobosiewicz, 169 Woodward Avenue, Buffalo, NY 14214 Charlene Walker, 233 E. Eagle St. Apt 705, Buffalo, NY 14204 James Palumbo, 149 Royal Avenue, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective July 1, 2014 in the Department of Common Council, Division of Lovejoy Council District to the Position of Intern IX at the flat salary of $12.66/hr Daniel Catone, 145 Greene St., Buffalo, NY 14206 NO. 1369 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 06/11/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Bridge Operating Engineer, Seasonal at the Flat Salary of $12.66/hr Lewis King, 159 Chester St, Buffalo, NY 14208 Robert Kreutinger, 50 Homer, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 06/12/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II, Seasonal at the Flat Salary of $12.66/hr Aaron Lott, 150 Harriet Ave, Buffalo, NY 14215 Shaquille Holman, 51 Watson St, Buffalo, NY 14206 NO, 1370 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 06/14/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Service Inspector, Provisional at the minimum Salary of $25,591.00 Omar Reese, 14 Frankfort Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 06/14/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Meter Mechanic, Provisional at the minimum Salary of $24,184.00 Andrew Berdych, 36 Howell St, Buffalo, NY 14207 Mark Romanni, 45 Bremen St, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 06/16/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Meter Mechanic, Provisional at the minimum Salary of $24,184.00 Jordash Pinkard, 183 Roesch Ave, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 06/14/2014 in the Department of Citizen Services, Division of Call and Resolution Center to the Position of Account Clerk Typist, Temporary at the minimum salary of $31,754.00 Veronica Gerald, 57 Pauline Street, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 06/16/2014 in the Department of Audit and Control, Division of Audit to the Position of Senior Auditor, Permanent at the minimum salary of $44,790.00 Mi -Ae Hwang, 616 Starin Avenue, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1371 K. BALDWIN -NY INSURANCE ASSOC CONCERNS RIDE SHARING COMPANIES New York Insurance Association, Inc, STATEMENT OF THE NEW YORK INSURANCE ASSOCIATION ( "NYIA ") BUFFALO CITY COUNCIL NYIA is the state trade association that has represented the property /casualty insurance industry in New York for more than 130 years. Our extensive membership includes carriers who write more than 40 percent of the New York State auto insurance market. On behalf of our member automobile insurance carriers, we appreciate the opportunity to present our perspective on transportation network companies ( "TNCs ") such as Uber and Lyft (also known as "ride sharing companies "). As commercial ride sharing has become more prevalent throughout the United States, we are beginning to see numerous issues arise regarding the application of insurance to TNCs. These TNCs rely on applications and other online platforms to match potential paying customers needing a ride with drivers who are using their own personal vehicles to provide transportation to these customers. One primary insurance problem arising from people using their personal vehicles for transporting persons in exchange for money is the existence of a common automobile insurance provision stipulating that coverage is excluded if the policyholder suffers a claim while driving for hire. This provision is commonly called the livery exclusion. While policies from different auto insurance carriers can vary, the livery exclusion is extremely standard and can be found in most auto insurance policies. This exclusion means as a practical matter that there would probably be no coverage on the driver's personal auto policy for injuries or damages to other people suffered in an accident arising out of participation in a TNC. In addition, coverage would most likely be excluded for damage to the vehicle, no fault, and both uninsured /underinsured motorist coverage. The policy behind this exclusion is straight - forward: driving for hire is a vastly different and much more hazardous activity than driving for personal needs and hence represents a greater exposure to loss than personal automobile insurance policies are designed to handle. While NYIA is not philosophically or conceptually opposed to TNCs, the insurance aspects of their operations must meet certain criteria in order to ensure they are not subverting the private automobile insurance market and leading to inefficiencies in the market. While not a complete list, the following are some of the major elements NYIA believes must be implemented in order for a TNC to properly operate and have adequate automobile insurance coverage for the protection of the entire driving public. Since the livery exclusion is so common, the TNCs must have primary auto insurance coverage that takes effect form when the application first comes on and remains in effect until the application is off. The TNC auto insurance coverage should be commercial auto insurance coverage to reflect the commercial nature of this driving with limits high enough to cover most accidents. In addition, any law governing TNCs and insurance must contain clear exclusion language (and in fact stipulate there is no coverage) for the personal auto insurance policy of the driver while the driver is logged onto a TNC's digital network. In addition, TNCs must be mandated to provide notice to the private passenger auto insurers of all vehicles and drivers that are participants in the TNCs. These are the most significant items that need to be considered when crafting the insurance laws to allow for TNCs. NYIA is pleased to provide this information and would welcome the opportunity to work with all the impacted stakeholders to resolve these important issues. Thank you for allowing us tc submit this statement. REFERRED TO'THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1372 K. BALDWIN- PROPERTY CASUALITY INSURERS ASSOC OF AMERICA CONCERNS COMMERCIAL RIDE SHARING Statement of Kristina Baldwin Property Casualty Insurers Association of America Buffalo City Council June 17, 2014 On behalf of the 1,000 member companies at the Property Casualty Insurers Association of America, also known as PCI, who together write more than 50% of the automobile insurance written in New York, representing over $6.3 billion in premium, we thank you for the opportunity to provide our views on Transportation Networks or "Commercial Ride Sharing ". Over the past year, PCI has been following the emergence of web- and smartphone -based tools allowing individuals to share goods and property. As some of these tools have morphed into commercial enterprises, questions are being raised regarding insurance coverages. These Transportation Network or Commercial Ride Sharing Networks have taken the shared expense "car pool" concept several steps further by not only matching riders with drivers, but setting standards for participation and facilitating payment via credit card, while taking a fee on each fare. These services have become a viable alternative to taxis in jurisdictions across the country. Insurance Issues While PCI supports innovation and does not oppose Transportation Network Services as a business model, these service offerings present a number of insurance issues that need to be addressed to protect the interests of Transportation Network Services drivers, passengers, other drivers on the roads, and Transportation Network Services companies, as well as automobile insurers. To do that requires that all stakeholders have a clear expectation of what insurance coverage is being provided, when it's being provided and by whom. That has been the basis for PCI's engagement on this issue around the country. Most personal automobile policies contain exclusions for vehicles being operated as a "livery" or to carry persons or property for a fee. As a result, there would likely be no coverage on the driver's personal auto policy for injuries or damage arising out of an accident that occurred while involved in Transportation Network activities. Coverage would likely also be excluded for damage to the vehicle, no fault, and uninsured or underinsured motorist coverage. The reason for the exclusion is simple: these kinds of activities present a significantly different and increased exposure to loss than personal automobile policies are intended to cover. The emerging Transportation Network Companies (TNC's) have been providing insurance coverage, but often say it is on an excess or contingent or umbrella basis or that it "drops down" should the driver's coverage not apply. They also provide different coverage limits under different circumstances, depending on if the driver has accepted a ride or not. These issues are a source of confusion for drivers and passengers, who either erroneously believe that the personal automobile policy will provide coverage, or realize that it does not and are simply hoping for the best. This confusion is likely to result in costly coverage disputes and delayed compensation to accident victims. PCI's Essential Elements for Commercial Ride Sharing As I said earlier, PCI does not oppose the Transportation Network business model. Our members write commercial as well as personal automobile coverage and these new programs present an opportunity for commercial writers as well. However, we do believe that there are some "essential elements" that need to be addressed to deal with the insurance issues surrounding Transportation Network Services. First, the current case law regarding the private passenger auto policy livery exclusion must not be undermined. As you may know, insurance is unique in that the ultimate cost of providing the product isn't known. Insurers use historical loss costs and must make assumptions to project those costs into the future to price their products. Changes in the law can mean that those assumptions will no longer be valid, Some legislation or rules introduced in other states have attempted to undermine the livery exclusion by changing the definition of Transportation Network Services, a private passenger auto or personal automobile coverage, in effect, requiring all drivers to pay for coverage for Transportation Network Services activities. There is little question that these drivers are engaged in a commercial activity, one that changes the fundamental nature of the risk being insured. This is precisely the reason that there are separate policies, and pricing for taxis and limousines and other vehicles that carry passengers for a fee. Transportation Network Services and their drivers should have coverage that is primary and ideally applies on a 24/7 basis. We also believe that Transportation Network Services operators should provide clear disclosures to their drivers regarding the insurance coverages they provide, and notify them that their personal automobile policy will not provide coverage for injuries or damage resulting from commercial activity. It's also important that the driver's personal auto insurer be made aware of their participation in such programs, either from the driver or the Transportation Network Company, so that duplicate claims aren't made for accidents. It is also essential that the coverage provided by the TNC have a duty to defend the driver and their personal insure should they be named in a lawsuit resulting from an accident while available for TNC services. Disputes can arise, therefore we also believe it is imperative that the TNC provide notice to drivers and their personal insurer of any potential dispute regarding whether or not the driver was available for TNC services at the time of the accident, make available data and records about the drivers participation to both the driver and the personal insurer to resolve those disputes quickly. Current Regulation of Commercial Ride Sharing While Transportation Network Services have been around for several years, there had been very little in the way of legislative or regulatory activity regarding these programs until this year. California's Public Utility Commission (CPUC), which also regulates taxis and limousines, established the first regulatory regime for Transportation Network Services last fall. The CPUC regulates TNCs as common carriers. The CPUC requires safety inspections of TNC vehicles, background checks on drivers and, notably, mandates insurance coverage to be provided by the TNC on a primary - as opposed to a secondary or umbrella basis -- if the driver does not have applicable coverage. The CPUC regulations do not currently define when a driver is engaged in TNC activity. Significantly, the issue of when a TNC driver is engaged in commercial activity took on great urgency after a tragic accident in San Francisco on New Year's Eve. A young girl was struck and killed by a driver who had been enrolled as a TNC driver. There is a dispute concerning whether or not the driver was engaged in commercial activity at the time of the accident, and lawsuits were recently filed against all of the parties involved. Currently, the CPUC is in the process of revising its regulations to more comprehensively address the issues involved, and there are two bills pending in the California legislature to deal; with those issues as well. That incident has precipitated a number of legislative and regulatory proceedings. Cities such as Chicago, Dallas, Seattle, Milwaukee and Nashville are either discussing or have passed or proposed ordinances regulating these services. States that have considered legislation in this area include Arizona, California, Colorado, Florida, Georgia, Maryland, Oklahoma, Virginia and Washington. With the passage of SB 125, Colorado recently became the first state to pass legislation on a state wide basis Although it is not perfect in our eyes, it established several of PCI's critical elements including: primary coverage by TNCs from app on to app off, clear exclusion language for the personal auto policy while the driver is logged onto a TNC's digital network, and it allows for innovation of future insurance markets to meet the needs of this emerging industry and addresses some of the basic insurance issues that must be addressed. Conclusion These new and innovative programs represent an opportunity for our members, so we would encourage cities, legislators and regulators to be careful not to preclude innovation in the insurance industry to respond to changes in how the transportation services market evolves and how consumers use their vehicles in the future. PCI has been extensively engaged in this issue around the country and stands ready to assist the council in any way we can. We believe that there is a way for the insurance issues to be addressed and we look forward to the opportunity to work with all stakeholders to resolve the insurance issues involved, Once again, thank you for the opportunity to share our views on this issue. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1373 A. BETZ- CONCERNS LYFT RIDESHARING APPLICATION Dear Mr. Golombek, At 4:30 yesterday afternoon, I was notified that items relative to Lyfl would be presented and discussed at today's Community Development Committee. Unfortunately, on such last minute notice I am unable to attend. I would ask that this letter be made entered into the record of today's proceeding, as Lyft would certainly have had representatives in attendance had there been any notice. While I understand the concerns raised about Lyft, I would remind you that at the May 20, 2014 Community Development Committee meeting, you indicated that no action would be taken without representation from both Lyft mid from the taxi and livery industry, and that you would refer this matter to a subcommittee to examine the issue and possibly promulgate appropriate regulation. I would request that any items relative to Lyft be tabled without discussion at the next Community Development Committee meeting, at which time I will ensure not only my presence, but the presence of representatives from Lyft's corporate headquarters. It is neither consistent with the process you assured nor does it reflect well on our great city to spring last minute hearings on new industries, rather than engaging in an orderly and sensible discourse on the matter. Thank you for your courtesies throughout this matter REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1374 D. FRANCZYK- CONCERNS PROPERTY IN WEST VILLAGE Mr. Franczyk and Mr. Ryan, On behalf of the residents of the West Village, I would like to express our concerns regarding the following issues: 1. Current plans for the building at the corner of 10 and Virginia Streets (the building recently renovated by Hispanos Unidos of Buffalo) call for conversion to a substance abuse counseling clinic and a methadone clinic. This is not acceptable for the following reasons: All neighbors were not notified of these plans, and only a few hand - picked neighbors were invited for "public input ". It is clear that the majority of residents, business owners, and Homeowners do not support the plan. A methadone clinics are necessary, but do not belong in a residential neighborhood especially since there are suitable commercial districts nearby. How far away from your houses is the nearest methadone clinic? A methadone clinic will stifle economic development along Virginia Street, the major connector between the Buffalo Niagara Medical Campus /UB Medical School and Niagara Street /190 Interstate. A new business owner /investor has significant concerns regarding his new business plans across the street. This street has a history as a hotspot for prostitution and drug deals catering to businessmen traveling to and from work. Let hope that we do not return to these days. The closing of the former methadone clinic at Georgia and Niagara Streets has had significant positive impact to the neighborhood. The methadone clinic will be within a few short blocks from Buffalo Public School 76 Elementary and Hutch Tech High Schools. The methadone clinic will decrease quality of life for residents and pedestrians on Chippewa Street. The methadone clinic will decrease property values. There is already a needle exchange program at the corner of Elmwood and Chippewa Streets, How many of these types of substance abuse services are needed in one concentrated area? The property at 229 Carolina Street (at the corner of Whitney Place) is currently vacant, in disrepair, and unkept. This is a building with State, Federal, and City Historic Registrations. Recently one of the windows has been boarded up. Drug activity has occurred on the front and rear steps and in the cellar alcove. The property owner should be taken to housing court for these continued violations. I believe the owner resides in the New York City area. Note that this house can no longer operate as a rooming house and by law cannot be "grandfathered in ". 3. The property at 11 Whitney is currently operating as a rooming house, without following the guidelines as mandated in the City Charter. Please let us know your action plan for the above issues, and please copy us on any correspondence. We appreciate your anticipated support as our representatives. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1376 T. KINSLER- TELECOMMUNICATIONS LICENSE AGREEMENT - FIBER TECHNOLOGIES NETWORKS, L.L.C. Ladies and Gentlemen: This letter is to provide notice to the City of Buffalo that Fiber Technologies Networks, L.L.C. (the "Company ") intends to transfer ownership of the portions of the Company's fiber optic network occupying public rights -of -way located in New York State to Fibertech Facilities Corp. ( "Fibertech Facilities "), a New York transportation corporation and wholly owned subsidiary of the Company, (the "Restructuring "). The Company recently secured an approval order from the New York State Public Service Commission (the "NY PSC ") permitting the Restructuring, and the Company would like to complete the Restructuring as soon as possible. The Telecommunications License Agreement (the "Agreement ") between the Company and the City of Buffalo dated February 26, 2001 relates to portions of the fiber optic network located in the applicable public rights -of -way, and the Company desires to assign the Agreement to Fibertech Facilities. The Company will remain responsible for the maintenance and operation of the fiber optic network, and will continue to have the right to use the fiber optic network (including the Telecommunications Facilities under the Agreement). As set forth in the Agreement, the Company may assign the Agreement to an affiliate where such affiliate affirms in writing that it has accepted the terms and conditions of the Agreement; however, the Agreement requires the Company to obtain the consent of the City of Buffalo before it may transfer the Telecommunications Facilities (as defined in the Agreement) to Fibertech Facilities. We are therefore requesting such consent at this time. I have enclosed a copy of the proposed form of the Assignment and Assumption Agreement with this letter. We ask that an authorized representative of the City of Buffalo sign two (2) copies of the enclosed Assignment and Assumption Agreement to confirm your consent to the assignment, and return both copies to us in the enclosed stamped envelope provided for that purpose. We will then promptly return a fully executed and dated Assignment and Assumption Agreement to It would be extremely helpful if we could hear from you before June 30, 2014. If you have any questions or need any additional information, please call me at (585) 445 -2728. Thank you in advance for your prompt response. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1376 T. GLEED- CONCERNS PROPOSED METHADONE CLINIC AT HUB Dear Honorable Body, City of Buffalo Council Member (s) and Friends: I am Thomas Gleed and I reside at 204 West Tupper Street for the past 25 years, in the years I have lived at 204 W Tupper I have seen our neighborhood(s) grow and decline, formerly in the wake of either the 20 Street Gang, the 16th Street Gang, the Hoods, the Bloods, absentee landlords, pimps, prostitutes, drug dealers, and recently a Meth Lab on Garden St (Alley) that was eventually shut down at the begging and pleading of our neighbors. Upon raiding this lab there were 7 or 8 arrested, over 200,000.00 stashed throughout the building. There was no big photo op after the raid because it took place without the proper warrants. Fortunately the "owner of the property and lab" committed suicide immediately after his release from jail after the raid. That may sound cold, but in these instances emotion trumps reason. It was told to us by Buffalo Police that there was enough product in and in the way the lab was set up it could have blown out three properties if there was a meth explosion. We have also been the repository for used needles, sometime dozens at a time. We even find OD'd citizens lying half dead in our backyards and alleys. But that is nearly in the past, we hope and with your support. In the past several decades our neighborhood has shifted to one of investment, by owners who now reside in their properties, bringing in young couples with families, young professional tenants, policeman, teachers, and doctors, which has empowered us to create a very strong and vibrant Block Club, VETTE (Virginia St /Edward ST /Trinity St /Tupper St, and S Elmwood Ave). We now have an award winning Community Garden in conjunction with Grassroots Gardens. We share our boarders with Allentown and the West Village and work along with their organizations as well. It's healthy and its growing. The investment in downtown and particularly in the Theatre District and opening of Main St to traffic, along with the spread and development of the Medical Corridor has only increased the value of our properties and made us more appealing for further investment. It's taken a while, but it's happening! Now to even consider opening a Methadone Clinic in this residential area is categorically absurd and unwanted. To do so and in the manner in which they have proceeded, in secret and without even the remotest outreach to the immediate neighborhoods and community at large is outright unacceptable and an insult to every one of us concerned about our safety and quality of life. It's not a matter of NIMBY (Not in My Back Yard), an absurd catch phrase if I ever heard one, but a matter of our neighborhood's future. What took decades to get to can easily be destroyed by such an irresponsible move on the part of the Board of Directors of Hispanics United of Buffalo. One only need talk to anyone living near, or working near, or going to any number of the methadone Clinics operating in the City of Buffalo to hear horror stories of what goes on in, around, or in the neighborhoods close by, that are regular occurrences by the consumer of the clinic or the many attending problems with those brought close by to sell, trade, retrieve, as in the case of disgruntled sellers. The stories are horrifying. And what makes this situation even worse is that the Methadone Clinic proposed by HUB is in direct line to Herman Badillo Bilingual Academy and with a very short distance to a NYS Licensed Daycare. How, please tell me, could this be eve a consideration. We are united in our belief that while this clinic and clinics of its kind are necessary in this community at large, there is a more suitable location for these services, say a commercial strip, an area in which there are other medical or clinical settings, but not within a neighborhood and so close to a school and within the walking pattern of children going to and coming from school, a Chide Day care Center, and in a community center that was never designed nor contemplated to be a heath care facility. It's unacceptable on any level. There is a better alternative- this is not one of them. Please sign on to Council Member David Franczyk's resolution today and stand with us in the fight to block the opening of a Methadone Clinic in our neighborhood. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1377 D. PRIDGEN - ROPOSED PUBLIC FACILITIES FOR REPAIR CDBG Year 40 October 1, 2014 to September 30, 2015 Street resurfacing The Department of Public Works provides an annual list of streets that require resurfacing which are in or near the target area established by the Better Buffalo Fund. Based on HUD guidelines, the city conducts a three -part review to determine eligibility. The first step is a check to ensure that each street segment is located within a HUD - specified low /moderate income block group. The second step requires the city to count the individual parcels on both sides of the street, and confirm that at least 51 percent are currently in residential use. The final step takes the estimated cost of resurfacing each segment and divides it by the number of residential parcels, to eliminate any segments that have an unusually high cost per unit. Sidewalk replacement The Department of Public Works provides an annual list of sidewalks in need of repair which are in or near the target area established by the Better Buffalo Fund: Based on HUD guidelines, the city conducts a three -part review to determine eligibility. The first step is a check to ensure that each street segment is located within a HUD - specified low /moderate income block group. The second step requires the city to count the individual parcels on both sides of the street, and confirm that at least 51 percent are currently residential uses. The final step takes the estimated cost of sidewalk replacement for each segment, and divides it by the number of residential parcels, to eliminate any segments that have an unusually high cost per unit. Community centers and parks The Department of Public Works provides an annual list of repairs and upgrades needed at city -owned community centers and parks which are in or near the target area established by the Better Buffalo Fund. Based on HUD guidelines, the city first checks to ensure that these facilities serve HUD - specified low /moderate income populations. After conducting this analysis, the city reviewed the recommended repairs to determine which ones addressed structural issues that would compromise the integrity of the facility if not corrected. Based on this assessment, six city -owned buildings were recommended for immediate attention. In addition, picnic shelters will be added at two parks. Copy available for review in the City Clerk's office RECEIVED AND FILED NO. 1378 J. GOLOMBEK -D. FULTZ- CONCERNS FIRE PERFORMANCE VENDOR PERMIT Dear Mr. Golombek: As you know, I am in the family entertainment business and have been performing in the Western NY area for almost ten years. Part of my performance, when working in an appropriate space, is fire performance. My son and I juggle flaming torches as our finale for most of the summer. Recently it has come to my attention that the City of Buffalo is cracking down on fire performers. Chief Morganti of the Buffalo Fire Department told me that he has seen some performers acting in a dangerous and irresponsible manner, and therefore has had to change the rules with regard to fire performance permitting, etc. I can certainly understand Chief Morganti's position with regard to public safety. It is, after all, the most important thing. Having said that though, I'm not sure the situation as it stands now is the most workable for all involved. I don't believe these changes came through any sort of legislative means, so I am also unsure as to their legality. For many years in the City of Buffalo, in order for someone to engage in any sort of act that can be considered performance, one must first purchase a Performer's License from the Department of Permit and Inspection Services at City Hall. That permit has recently been altered to say that it does not cover any sort of fire performance or words to that effect. If you are going to engage in few performance you must purchase a Vendor's License which is a one -time use permit. This triggers a meeting with the Fire Chief and a meeting at the area where the performance is to take place. An audit of the area is conducted at which time the City's fire safety concerns are reviewed and the appropriate rules agreed to. Then and only then can someone "legally" perform with fire within the city. I totally understand the Fire Chiefs concerns, however, this system does not seem to me to be particularly workable for a number of reasons. I sent a letter a while back to Ms. Kimberly Trent who was at that time the Director of Special Events for the City of Buffalo. Ms. Trent seemed very agreeable to the idea of trying to get the laws and permit restrictions changed to a more workable system. Since she is gone, I am contacting you. Thank you in advance for your attention to this matter. I look forward to meeting with you to discuss a workable solution. Best regards, Dave Fultz Gravitational Bull Juggling REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 1379 J. MONTOUR- P.RUMORE- OPPOSITION TO MOVE SCHOOL BOARD ELECTION Please be advised that the Buffalo Teachers Federation strenuously opposes moving the Buffalo School Board Election to November for the following reasons. • Moving the election to November, as is done in Rochester, has entangled them in partisan politics where political parties control who is elected rather than the voters whose main concern is the education of our students. • While the voter turnout is low, the voters are the people who care enough about the education of our students to vote in the School Board Election. • We are told that, in Rochester, voters often pull the lever for the "endorsed" candidates with no real knowledge of the positions. • If you were to calculate the percentage of voters in the School Board Election and the number of parents of students with the number of registered voters and people who vote in the general election, we believe the percentages would be close if not higher for the School Board Election. • Are you going to suggest that all the other districts also change their School Board Election? I don't think so. We do have a suggestion that we believe establishes a common ground -We suggest moving the Buffalo School Board Election to the same date as the surrounding districts in May. We believe that will increase turnout and still keep the School Board Elections non - partisan. Please advise us of the vote on this item. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1380 D. SMITH -NEWS RELEASE -THE EDUCATION COMMITTEE OF THE BUFFALO COMMON COUNCIL SEEKS INPUT FROM INTEREST PARTIES IN THE FORMATION OF AN EDUCATIONAL AGENDA FOR THE CITY OF BUFFALO For Immediate Release June 18, 2014 Contact: Tianna Marks 851 -5145 On June 19 at 2 30PM m room 1417 City Hall, the Education Committee of the Buffalo Common Council will kick off its initiative to develop an education agenda to be adopted by the City Council. "It is Paramount that we develop an adopted educational agenda for the City of Buffalo. It will be a tool to measure success and gains. It will also be an instrument for a number of individuals to present to officials to accept or deny states Demone Smith, Chair of the Education Committee. The City has not been able to vocalize or submit a solid public policy on education. We are ready to begin the work to develop the framework where we can accomplish this goal." From today for the next couple of months we will 1. Invite and accept white papers on improving the Education System of the City of Buffalo. The White Paper should be on governmental policy to help understand issue(s) and make a decision or solve a problem prior to legislation. We have currently received one white paper on education so far. It is a starting point and adjustable. 2. Hold public hearings on the topics of a. Parent and teacher engagement b. Creating schools in good standing and workable transfer policies c. Graduation rates and students achievement d. Suspension /Restorative Justice e. Financial sustainability f. Neighborhood & Community Schools g. Academic curriculum h. Mentoring 3. Enlist the input of educational interest groups to find areas of agreement for a coherent strategic plan for the residents of The City of Buffalo. The First Forum is scheduled for 5:30 on June 26' in Common Council Chambers REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1381 D. SMITH - QUESTION ON BOARD OF EDUCATION Dear Mr. Ball, In a recent conversation with various groups interested in education, we discussed a number of issues. One such issue was "must The City of Buffalo continue to fund failing schools ?" Especially since the Board of Education continues to be in violation of State Education Law. Additionally, is the City perpetuating failure by continuing to allocate over half the property taxes collected to failing schools while having no mechanisms in place to hold the district responsible for the allocation? After participating in this conversation, five questions remain that I could not answer: 1) Does The City of Buffalo have standing for filing a lawsuit on behalf of the residents against the Board of Education and /or the State Department of Education for not performing their mandated duty to provide a sound education to the students of The City of Buffalo? If so what would the process be? 2) Is it possible to have the School Board's budget separated from the City budget and voted on individually by the Council? 3) Is it possible for The City of Buffalo to take over the education system and eliminate a separate school system? If so, what would the process be and what options does the City have? 4) Is the Buffalo Board of Education in violation of the New York State and United States Constitutions? 5) Can you give a clarification of the state's requirement for maintenance of effort? I respectfully request an immediate response since there is an Education meeting Thursday evening, where these questions may come up again. If there is any need for further information, please do not hesitate to contact me directly. Respectfully, Demone A. Smith REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1382 C. TARR- CONCERNS BSA FACT SHEET BIRD AVE AND LAND AVE The Buffalo Sewer Authority (BSA) has posted a "Bird Avenue and Land Avenue Real Time Control System Storage FACT SHEET on their website http: / /bsacsoimprovements.org /, to "answers questions and clears up misconceptions that have been circulated recently." To the question: Is this a commonly accepted Technology? BSA's Answer: "Yes. As part of our Wet Weather Operating Plan, the Authority continues its commitment to following the EPA's Nine Minimum Controls and the DEC's Best Management Practices by maximizing use of the collection system for storage, and maximizing flow to the Treatment Plant. As a long featured technology, In Line storage has been championed by the EPA for its effectiveness in reducing combined sewer overflows. In Line storage similar to the current projects being constructed by the Authority has been in successful operation for several years in cities such as Seattle, Milwaukee, and Cleveland to name a few. " Under the EPA's CSO (Combined Sewer Overflow) Control Policy, discharge permits issued to communities with CSS's (Combined Sewer Systems) are expected to include "nine minimum controls." Maximization of storage in the collection system (In -Line Storage) is one of the nine minimum CSO controls. A visit to the EPA website regarding in -line storage points to three case studies: Boston, Massachusetts, Cleveland /Akron Ohio Area and Norwalk, Connecticut. It is important to note that for all three of these cases NEW concrete and steel construction of in -line storage was accomplished by boring deep tunnels hundreds of feet below ground. NONE of these case studies entail storing sewage in existing porous brick sewer lines 10 feet below residential streets. The BSA points to two additional cities, Milwaukee and Seattle, as having successfully operated inline storage. Milwaukee Metropolitan Sewerage District's combined sewage conveyance system has been operational since 1994 and includes In -line Storage System as one of its three major components. Milwaukee's in -line storage consists of 19.4 miles of tunnels, 300 feet below ground. The deep tunnel system can hold up to 405 million gallons of flow. In the case of Seattle, the Denny Way / Lake Union Combined Sewer Overflow Mercer Street Tunnel, measures approximately 15 feet in diameter, is 6,212 feet long, and varies from 60 -150 feet below Mercer Street. It provides 7.2 million gallons of CSO storage. The tunnel lining is segment type prefab reinforced concrete. (not 100 plus year old porous brick.) Seattle's, Henderson /M.L. King CSO project included new construction of an underground storage tunnel that has an inside diameter of about 15 feet. It runs two - thirds of a mile to the south under Beacon Hill at depths of 30 to 100 feet beneath 42nd Avenue South. The tunnel can hold and treat up to 4 million gallons of combined wastewater and storm water. REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION PETITIONS NO. 1383 D. CARR, OWNER, USE 3264 MAIN ST TO REESTABLISH A RESTAURANT /BAR IN THE TRANSIT DISTRICT AND ADD USE OF A SIDEWALK PATIO (HRG 7 /1))(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1384 Q. ABDULUABI, OWNER, USE 1201 HERTEL, NEW OWNER TO AN EXISTING RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT (HRG 7 /1)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARDREGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1385 APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(MAX)(THOMAS) CCP# 1035 14 -0610 Mr. Wyatt moved: That Communication 1035 of June 10, 2014, be received and filed and that the Permanent Appointment of Robert Brad Thomas, 123 Crestwood Ave, Buffalo, NY 14216 at the Maximum Salary of $40,337.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1386 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 14,1246 06/10 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 1387 REQUEST TO PURCHASE VEHICLES (POLICE) (ITEM NO. 1232, C.C.P., JUNE 10, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of Police to purchase the following vehicles: • Up to twenty -five (25) marked vehicles from the 2014 Capital Budget • Up to twenty -five (25) marked vehicles from the 2014/2015 fiscal year budget • Up to eight (8) unmarked vehicles from the 2014/2015 fiscal year budget. PASSED AYES 9, NOES 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1388 M. BROWN- REQUEST SUPPORT OF PRAYER CIRCLE IN NIAGARA SQUARE -JUNE 2014 (C.C.P #14 -1139, MAY 27) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1389 D. PRIDGEN -K. PALGUTT- CONCERNS PARKING 10 SYMPHONY CIRCLE'S LOT (C.C.P #14 -595, MAR 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1390 IMPENDING CLOSURE OF THE MARKET ARCADE FILM & ARTS CENTER(PRIDGEN) (C.C.P #13 -78, DEC 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1391 D. PRIDGEN -J. BOOTH PUBLIC SAFETY CROSSWALKS (C.C.P #13 -50, MAR 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1392 J. MOLEK, AGENT, USE 1435 HERTEL TO ERECT AN OPEN BALCONY FOR SIT IN RESTAURANT WHICH PROJECTS ON THE CITY ROW (HRG 6/17)(DEL)(14 -1256, 6/10) Mr. Scanlon moved: That the above item be the same and hereby is Returned to the Common Council Without Recommendation. Mr. Scanlon Now moved That the Above Item be Recommitted to the Committee on Legislation. ADOPTED NO. 1393 B. LATT OWNER, TO USE 116 LAFAYETTE TO ALTER EXISTING ONE FAMILY DWELLING TO INCLUDE A RESIDENTIAL BEAUTY PARLOR (NIA)(DPIS) (ITEM NO. 1257, C.C.P., JUNE 10, 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 B. Latt, Owner, to alter an existing one - family dwelling to include a residential beauty parlor located at 116 Lafayette. PASSED AYES 9, NOES 0 NO. 1394 S. MUCINO, AGENT, TO USE 765 ELMWOOD FOR AN OUTDOOR PATIO ON CITY RIGHT -OF -WAY IN THE ELMWOOD AVENUE BUSINESS DISTRICT (DEI)(DPIS) (ITEM NO. 1258, C.C.P., JUNE 10, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of S. Mucino, Agent, to use a portion of the City right -of -way sidewalk for an outdoor patio, located at 765 Elmwood Avenue, in the Elmwood Avenue Business District. With the Following conditions: 1) Patio must close Weekdays Sunday- Thursday at 11:00 pm 2) Patio must close weekends Friday- Saturday at 12:00 midnight PASSED AYES 9, NOES 0 NO. 1395 B. SIEGEL, AGENT, TO USE 153 ELMWOOD FOR ALTERATIONS AND RENOVATIONS TO A SIT -IN RESTAURANT AND PATIO IN THE ELMWOOD BUSINESS DISTRICT (FILI)(DPIS) (ITEM NO. 1259, C.C.P, JUNE 10, 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 B. Siegel, Agent, to use 153 Elmwood Avenue for alterations and renovations to a sit -in restaurant and outdoor patio on private property in the Elmwood Business District. PASSED AYES 9, NOES 0 NO. 1396 I. KARANOVIC, OWNER, TO USE 1941 CLINTON STREET FOR A USED APPLIANCE STORE IN THE CLINTON STREET SPECIAL DISTRICT (LOV)(DPIS) (ITEM NO. 1260, C.C.P., JUNE 10, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of I. Karanovic, Owner, for a used appliance store located at 1941 Clinton Street in the Clinton Street Special District. Passed AYES 9, NOES 0 NO. 1397 E. BUSCAGLIA, OWNER, TO USE 244 ALLEN FOR EXPANSION OF EXISTING BAR/RESTAURANT IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(DPIS) (ITEM NO. 1261, C.C.P., JUNE 10, 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 or E. Buscaglia, Owner, to expand an existing bar /restaurant located at 244 Allen into a gallery space and relocate the bar into new space in the Allen Street Special District. PASSED AYES 9, NOES 0 NO. 1398 S. TESTA, OWNER, TO USE 1200 HERTEL TO REESTABLISH RESTAURANT WITH AN OUTDOOR CAFE IN THE HERTEL AVENUE SPECIAL DISTRICT (DEL)(DPIS) (ITEM NO. 1262, C.C.P., JUNE 10, 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 S. Testa, Owner, to reestablish use of a restaurant with an outdoor caf6 located at 1200 Hertel Avenue in the Hertel Avenue Special District. PASSED AYES 9, NOES 0 NO. 1399 J. JARNOT, AGENT, TO USE 1400 BAILEY FOR A LED POLE SIGN (LOV)(DPIS) (ITEM NO. 1263, C.C.P., JUNE 10, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of J. Jarnot, Agent, to erect a full -use LED freestanding pole sign to the front of a lot for a store located at 1400 Bailey. PASSED AYES 9, NOES 0 NO. 1400 J. POPIELA, AGENT, TO USE 2300 DELAWARE TO ERECT A FREE STANDING POLE SIGN (NORTH)(DPIS) (ITEM NO. 1285, C.C.P., JUNE 10, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1401 APPLICATION FOR LANDMARK STATUS HIGH ST HISTORIC DISTRICT( 195,204,225 HIGH)(PRES BD) (HRG 6/3)( #14 -975, MAY 13) Mr. Scanlon moved: That the above item be the same and hereby is Returned to the Common Council Without Recommendation. Mr. Scanlon Now moved That the Above Item be Recommitted to the Committee on Legislation ADOPTED NO. 1402 D. BURKE, AGENT, TO USE 173 ALLEN TO RE- ESTABLISH A RESTAURANT AND PATIO WITH NEW OWNER (FILL)(DPIS) (ITEM NO. 1152, C.C.P., MAY 27, 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. Burke, Agent, to reestablish use of a restaurant and patio located at 173 Allen. The patio is on private property. PASSED AYES 9, NOES 0 NO. 1403 M. MARINO, OWNER, TO USE 256 ALLEN FOR A BAR/RESTAURANT AND PATIO IN THE ALLEN STREET DISTRICT (FII1)(DPIS) (ITEM NO. 1179, C.C.P., MAY 27, 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 M. Marino, Owner, to use 256 Allen for a bar /restaurant with an outdoor cafe in the Allen Street District, upon the following conditions: • No music, either live or recorded, allowed at any time on the outdoor patio; • The bar /restaurant windows and doors to be kept closed at all times; • The patio will closed at 11:00 p.m. to be consistent with other bars on the street; and • Any future plans for expansion and /or changes in venue are to be submitted to the Days Park Block Club. PASSED AYES 9, NOES 0 NO. 1404 PUBLIC FINANCING FOR CITY OF BUFFALO ELECTIONS(GOLOMBEK) (C.C.P #14 -621, MAR 18)( #14 -503, MAR 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1405 PUBLIC FINANCING FOR COB ELECTIONS (C.C.P #13 -71, OCT 15) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1406 BY: MR. FONTANA REQUEST REFUND OF PARK PERMIT FEES DUE TO SHELTER UNAVAILABILITY Whereas: On Saturday, June 14 2014 Mrs. Cortasia Solomon- Carter of Floss Ave. in Buffalo, NY made a reservation of two gazebo shelters at Lasalle Park for a family gathering, at a total cost of $50 for park usage permit fees; and Whereas: Upon arrival at the park on the day of the event Mrs. Solomon - Carter found the shelters she had reserved being used by another party who refused to move from the location; and Whereas: Due to the circumstances Mrs. Solomon - Carter was forced to relocate her family gathering to her home, despite the fact that she had done her due diligence to secure proper permission from the City of Buffalo to use the shelters at that date and time. Now, Therefore, Be It Resolved: The Common Council hereby requests a full refund of the permit and application fees paid by Mrs. Solomon - Carter to the Parks Department. Be It Further Resolved: The Council requests that the Department of Public Works Division of Parks review its departmental procedures on park facility rental and reservations to prevent such circumstances from occurring in the future. Be It Finally Resolved: A copy of this resolution be forwarded to DPW Deputy Commissioner Andrew Rabb and the Department of Law. PASSED AYES 9, NOES 0 NO. 1407 BY: MR. FONTANA TRANSFER OF FUNDS - BUFFALO NIAGARA FILM COMMISSION 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: 15513006 - 434000 Youth Services - Contractual Service $100,000 To: 171120006 - 435201 -11422 GIA- Buffalo Niagara Film Commission $100,000 PASSED AYES 9, NOES 0 NO. 1408 BY: MR. FONTANA TRANSFER OF FUNDS -DEMO 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: 3000006 - 445100 City Planning $32,000.00 To: 30320006 - 445100 Demolition of City Owned Facilities $32,000.00 PASSED AYES 9, NOES 0 NO. 1409 SPONSOR: MR. FONTANA WAIVER OF FEES FOR HOUGHTON ACADEMY #69 2014 END OF SCHOOL YEAR PICNIC Whereas: Each spring the students of the Buffalo Public Schools must buckle down and work hard to prepare for final exams; and Whereas: To reward the students for their hard work and persistence the faculty of Houghton Academy BPS #69 hold an End of the School Year Picnic to celebrate their achievements in the adjacent Houghton /Stachowski Park; and Whereas: This year the Houghton Academy End of Year Picnic will be held on Wednesday, June 18 2014. Now, Therefore, Be It Resolved: That the Common Council hereby requests a waiver of any and all permit and application fees associated with the Houghton Academy 2014 End of School Year Picnic. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa of DPW Parks Department. PASSED AYES 9, NOES 0 NO. 1410 BY: MR. FRANCZYK PREVENT HUB METHADONE CLINIC ON VIRGINIA STREET WHEREAS: Hispanics United of Buffalo (HUB) has recently proposed the location of a Methadone Clinic adjacent to its property at 254 Virginia Street; and, WHEREAS: This information has caused great consternation in the residential communities located next or near the announced HUB methadone clinic; and, WHEREAS: At a community meeting held at HUB on June 18, 2014, including representatives of the VETTE Block club (which called for the meeting), Allentown Association, West Village Association and other block clubs, community residents and business people, it became clear that the methadone clinic was presented as a "fair accompli," and that the community was never notified about the proposed methadone clinic, which may be in violation of federal and state statutes regarding community engagement requirements concerning the placement of methadone clinics in communities, as well as other possible violations; and, WHEREAS: Community residents stated they were not generally opposed to programs helping people free themselves of their drug addictions, but do not believe such facilities should be located in residential neighborhoods, but rather in clinical /hospital settings better suited for those purposes; and, WHEREAS: The communities next to and adjacent to HUB have effectively "turned their neighborhoods around" by fighting drug dealers, slumlords and criminals (such as the 10 Street gang and others) and have greatly strengthened the City of Buffalo and are rightly concerned about what impact the methadone clinic would have on their quality of life, safety and property values, which have been increasing thanks to their efforts; and, WHEREAS: The Common Council applauds the good work of Hispanics United of Buffalo, including its work with seniors, youth and its advocacy, however HUB should heed the community's concern about the location of a methadone clinic at its headquarters on Virginia Street; NOW THEREFORE BE IT RESOLVED: That the Common Council is not in support of the location of a HUB methadone clinic on Virginia Street; BE IT FURTHER RESOLVED: That the Common Council requests that HUB does not put a methadone clinic on Virginia Street, and that HUB fully communicate with the City of Buffalo, Common Council, and the above mentioned block clubs, community associations and concerned citizens should they propose to move the methadone clinic to a more appropriate hospital /clinical setting or area outside of the residential neighborhood; BE IT FURTHER RESOLVED: That the Buffalo Police Department opine on how they believe the location of a methadone clinic on Virginia Street will impact on their ability to keep the neighborhood safe from crime; BE IT FINALLY RESOLVED; That the City Law Department advise the Common Council on any applicable city, state or federal laws, regulations or statutes which govern the placement of methadone clinics in Buffalo, and opine if the Common Council approve a Local Law regulating the opening of Methadone Clinics in the City of Buffalo. ADOPT 1 ST AND 2 "D RESOLVES AS AMENDED. REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 1411 BY: MR. GOLOMBEK WAIVE SPECIAL EVENT PERMIT FEE FOR GEORGE WASHINGTON FISHING AND CAMPING CLUB KIDS FISHING DERBY Date: 18 July 2014 Whereas: The George Washington Fishing and Camping Club will be holding its annual kids fishing derby at Hoyt Lake in Delaware Park; and Whereas: Young anglers from Buffalo and Western New York will have a fun morning of fishing at Hoyt Lake followed by a party at the George Washington Club; and Whereas: The George Washington Fishing and Camping Club will use Hoyt Lake at Delaware Park from 8:00 am to 1:00 pm on Saturday, July 12, 2014; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event permit fee associated with the George Washington Fishing and Camping Club New York State Walleye Association annual kids fishing derby at Hoyt Lake in Delaware Park on Saturday, July 12, 2014; and Be It Further Resolved: That copies of this resolution be sent to the office of Special Events and Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1412 BY: MR. LOCURTO APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer for a period expiring July 31, 2014. Michael Kerns ADOPTED NO. 1413 SPONSOR: MICHAEL J. LOCURTO WAIVING PERMIT FEES FOR 2 " D ANNUAL ANTI - BULLYING EVENT IN DELAWARE PARK WHEREAS: Lafayette High School in collaboration with Arlene Brunson Center for Children Against Drugs will host a community event in Delaware Park on August 1, 2014 which will include a youth fashion show, live music, dancing, contests, and free food; and, WHEREAS: The mission of the Arlene Brunson Center for Children Against Drugs is to keep children off drugs by providing them education and services to promote healthy choices that will lead to developing a sober lifestyle; and, WHEREAS: This event is an opportunity to reinforce that mission and to spread the drug -free, anti - bullying message to all members of the Buffalo community; and, NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby waives any permit or special event fees associated with holding the 2 nd Annual Anti - Bullying event in Delaware Park on August 1, 2014. PASSED AYES 9, NOES 0 NO. 1414 BY: COUNCILMEMBER DARIUS G. PRIDGEN 204 HIGH STREET DEMOLITION MORATORIUM Whereas, 204 High Street is a part of the proposed High Street Historic District and is a prominent feature in the Fruit Belt landscape; and Whereas, in 2011 it was determined that the building was eligible for the National Register of Historic Places; and Whereas, Due to the value of the building to the neighborhood and to the High Street Historic District, it is important to give additional time for interested parties to do due diligence in order to make a fair and appropriate decision: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) Request a moratorium on the demolition of 204 High Street until December 31, 2014 for further feasibility determination on behalf of interested parties; and 2) That the Department of Permits and Inspections not issue any demolition permits for the said structure during that period; and 3) That copies of this Resolution be forwarded to the Department of Public Works, Department of Permits and Inspections, The Preservation Board, Mayor's Office, City Comptroller, Corporation Council, Office of Strategic Planning, City of Buffalo Division of Real Estate, The Fruit Belt Advisory Council and Preservation Buffalo Niagara. ADOPTED NO. 1415 SPONSORS: CHRISTOPHER P. SCANLON MORATORIUM ON NEW E- CIGARETTE AND HOOKAH STORES /LOUNGES WHEREAS, E- Cigarettes and hookah are a relatively new product to the Western New York area and as such, the City of Buffalo Charter does not include requirements and /or restrictions for e- cigarette and hookah stores /lounges; and WHEREAS, As a result of the lack of legislation regarding e- cigarette and hookah stores /lounges, said stores /lounges do not need to obtain permits or licenses from the Department of Permits and Inspections. Furthermore, these stores /lounges do not require Common Council approval; and WHEREAS, Other businesses, such as food stores, need to obtain Common Council approval before operating, providing the respective Councilmember with the opportunity to visit the store, speak with the owner and assess the impact the business will have on the surrounding neighborhood before approving or denying the license; and WHEREAS, Due to the lack of regulation, e- cigarette and hookah stores /lounges are literally "popping up over night" creating an overly saturated market without any input from the respective Councilmember or the residents of the area; and WHEREAS, Current State and County laws are unclear as to what license(s) and permit(s) are needed to legally operate e- cigarette and /or hookah stores /lounges; and WHEREAS, The medical community, including Roswell Park Cancer Institute has overwhelmingly agreed that further scientific inquiry is needed to determine and understand the potential health risks associated with e- cigarettes and hookah; and NOW, THEREFORE, BE IT RESOLVED, That the City of Buffalo Common Council requests a moratorium on rely new e- cigarette and hookah stores /lounges until December 31, 2014 to provide the Common Council time to request clarification from the New York State Department of Taxation and Finance on required licenses for e- cigarettes and hookah stores /lounges and to establish additional licensing requirements within the City of Buffalo; and BE IT FURTHER RESOLVED, That the Common Council respectfully requests a representative from the Erie County Health Department come before this honorable body to provide input on e- cigarettes and hookah stores /lounges as they relate to public health and safety: and BE IT FURTHER RESOLVED, That the City of Buffalo Department of Law immediately begin to draft legislation establishing requirements and restrictions on e- cigarette and hookah stores /lounges; and BE IT FURTHER RESOLVED, That the Buffalo Common Council requests the New York State Department of Taxation and Finance to withhold licenses and registration from potential e- cigarette and hookah stores /lounges during this period; and BE IT FINALLY RESOLVED, That the City Clerk forwards copies of this resolution to the New York State Department of Taxation and Finance, the Erie County Department of Health, the City of Buffalo Department of Permits & Inspections, the Department of Law, and the Rules Committee of the Buffalo Common Council. PASSED AYES 9, NOES 0 NO. 1416 BY: COUNCIL MEMBER CHRISTOPHER P. SCANLON REQUEST FOR CONSIDERATION OF NAMING THE SHELTER HOUSE AT CAZENOVIA PARK FOR ROBERT J. WILLIAMS Whereas, South Buffalo native Robert J. "Bob" Williams spent is youth distinguishing himself on the baseball diamond, only to eventually play three years of professional baseball with the Detroit Tigers; Whereas: After a career ending injury, Bob returned to Buffalo where he briefly worked in the City of Buffalo Parks and Recreations Department before becoming a decorated Buffalo Police Officer. Shortly after joining the BPD, Bob became the director of the Police Athletic League (PAL) baseball program and Cazenovia Park; Whereas: During his 28 years with PAL, Bob coached and mentored thousands of South Buffalo youth while also supervising hundreds of Mayor's Summer Youth interns. He always exhibited a great deal of patience and humor with the children and teens, managing to share his passion and love for baseball while also instilling lifelong values; Whereas: For close to three decades, Bob could be found around the shelter house at Cazenovia Park most spring, summer, and fall days; Whereas: Bob passed away on June 27, 2012, leaving a large void in the baseball community at Cazenovia Park and throughout all of South Buffalo; Whereas, To honor the memory Of Bob and to thank him for his unwavering commitment to the youth of South Buffalo, it is the desire of many members of the community to formally name the shelter house in Cazenovia Park the "Bob Williams Memorial Shelter House "; Whereas, The shelter house at Cazenovia Park is not at present named; and Whereas, Section 286 -3 of the Buffalo City Code authorizes a member of the Common Council, by resolution, to request the Common Council to consider the naming of a park shelter: Now, Therefore Be It Resolved that the City of Buffalo Common Council - -- 1) Approves the request to name the shelter house at Cazenovia Park "Bob Williams Memorial Shelter House" 2) Request that the City Clerk be directed to file a notice of intention, which directs a public hearing on the proposed naming in accordance with Chapter 286 -3 of the Buffalo City Code, 3) That copies of this resolution be sent to the Department of Public Works, Corporation Counsel, and the City Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1417 BY: MR. SMITH AND ALL COUNCILMEMBERS REMAINING LOTS AFTER DEMOLITION Whereas: The City has had a successful demolition program, removing numerous blighted properties throughout the City of Buffalo; and Whereas: The demolition of blighted properties have left vacant lots with bad looking fill and no topsoil and no grass; and Whereas: Bad looking spotty weeds grow and there are areas where no grass grows only unclassified fill remains; and Whereas: Remaining lots after demolition can look better if topsoil or something similar can be used on top of the fill that would encourage the growth of grass; and Whereas: Rochester NY requires contractors to fine grade and hydro seed all lots after the demolition of structures. Now Therefore Be It Resolved That: Unless specified otherwise, contractors must fine grade and hydro seed all lots after the demolition of structures. Sites must be York raked to obtain a smooth, even surface for well drained, positive grades. The Top two (2) inches shall be screened topsoil, free of rock and stone. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPNENT NO. 1418 BY: UNIVERSITY DISTRICT COUNCILMEMBER RASHEED N.C. WYATT WAIVE PERMIT FEE FOR HIGHGATE HEIGHTS ELEMENTARY SCHOOL'S PRE -K GRADUATION PICNIC Date: Friday June 20, 2014 Whereas: Highgate Heights Elementary School will hold a Pre -K Graduation Picnic on Friday, June 20, 2014 at Shoshone Park in the University District. Whereas: Highgate Heights Elementary School will utilize Shoshone Park from 10:00 am until 12:30 pm. Now, Therefore, Be It Resolved: That the Common Council approves waiving the permit fee associated with this event; and Be It Further Resolved: That copies of this resolution has been sent to the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 BY: RASHEED WYATT NO. 1419 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. Michaela Carbone Sarah L. Debolt Peter J. Grassi Sheryl L, Hughes Anthony Joyce David Nolf Christina Panepinto Matthew Routhier Paul Scappechio Cassy Van Dewater TOTAL: 10 ADOPTED NO. 1420 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 Meetings Committee on Civil Service Tuesday, July 1, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, July 1, 2014 at 10:00 o'clock A.M. Following Civil Service Committee on Comm. Dev. Tuesday, July 1, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 1, 2014 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday, June 26, 2014 at 5:30 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 1421 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:08 P.M. GERALD A. CHWALINSKI CITY CLERK June 24, 2014