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Home My WebLink About14-0916NO. 17 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 16, 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 MAYOR MAYOR - EXECUTIVE DATE September 16, 2014 FINAL CORRECTED 1827- 1. Arts Comm - Acceptance of Gift of Mayoral Portrait - Schwab APP 1828- 2. Arts Comm - Acceptance of Gift of Mayoral Portrait - Thompson APP 1829- 3. Cit Serv- Submission of Monthly Report- August 2014 R &F 1830- 4. Pres Bd- Expansion of the Linwood Historic District(hrg to be Determined) LEG 1831- 5. Strat Plan -CDBG Grant Funding, HOME Program & Funding, HOPWA Program FIRE and Funding, ESG Program & Funding CD 1832- 6. Strat Plan- Rescind Sale & Refund Purchase Price -378 & 384 Normal(Nia) CD 1833- 7. Strat Plan -Report of Sale -11 Fargo(Ell) CD 1834- 8. Strat Plan -Report of Sale -183 Goulding(Mas) APP 1835- 9. Strat Plan -Report of Sale -1486 Jefferson(Mas) APP 1836- 10. Strat Plan -Report of Sale -16 Krettner(Ell) CD 1837- 11. Strat Plan -Report of Sale -16 Loepere(Fill) APP 1838- 12. Strat Plan -Report of Sale -81 Moselle(Fill) APP 1839- 13. Strat Plan -Report of Sale -63 Reed(Fill) APP 1840- 14. Strat Plan -Report of Sale -300 Riley(Ell) CD 1841- 15. Strat Plan -Report of Sale -503 Riley(Ell) CD 1842- 16. Strat Plan -Report of Sale -41 South(Fill) APP 1843- 17. Strat Plan -Report of Sale -211 Woltz(Fill) APP 1844- 18. Strat Plan -Report of Sale -152 W. Delavan(Nia) APP C0WTR ClT .T .FR 1866- 1845- 18A. Interfund Cash Loan -Main St 500 Block 1846- 19. Report of CDBG ASSESSMENT 1847- 20. Appoint Senior Tax Clerk(Temp)(3 d Step)(Lee) PUBLIC WORKS 1848- 21. Change in Contract -Coca Cola Field(Fill) 1849- 22. Permission to Engage Services of Consulting Engineer- Remote Pump Station Rehab Project CS 1850- 23. Appoint Administrative Assistant(Temp)(Inter)(Getz) CS 1851- 24. Appoint Director of Parks & Recreation(Exempt)(Mirti) CS POLICE 1852- 25. Appoint Detective(Temp)(Sanchez) CS 1853- 26. Appoint Public Safety Dispatcher(2 step)(Perm)(Thomas) CS FIRE 1854- 27. Approval of Contract LaSalle Ambulance -d/b /a Rural Metro Services APP 1855- 27A FEMA Award - Assistance to Firefighters Grant APP 1856- 28. Permission to Trade in Old Dispatch Consoles APP PERMITS AND INSPECTIONS 1857- 29. Lodging House License -1738 Elmwood(North) APP 1858- 30. Mobile Food Truck(New) 131 Leonard LEG 1859- 31. Restaurant Dance License(New) 1738 Elmwood APP 1860- 32. Second Hand Dealer -1941 Clinton(Lov) APP 1861- 33. Second Hand Dealer -2191 Elmwood(North) APP 1862- 34. Used Car Dealer 1367 Bailey Suite 2(Lov) APP W /COND 1863- 35. Used Car Dealer 407 South Park(Fill) LEG ADMINISTRATION AND FINANCE 1864- 36. Request Permission to Lease Copiers(Toshiba) APP PARKING 1865- 37. Request for Authorization of Supplemental Payment to Daniel Tadusz APP 1866- 38. Appoint Laborer II(Perm)(Inter)(Kane) CS COMMUNITY SERVICES 1867- 38A Approval of 5 Month Extension -CDBG, ESG & HOPWA Subrecipients APP CITY CLERK 1868- 39. Bd of Ethics Meeting Minutes R &F 1869- 40. Bd of Ethics Request Opinion from Robert Reden, Esq R &F 1870- 41. Application for Restricted Use Permit -69 W. Chippewa(9 /18 /14)(Ell) APP 1871- 42. Application for Restricted Use Permit -69 W. Chippewa(9 /25/14)(Ell) DENY 1872 43. Application for Restricted Use Permit- 69 W. Chippewa(10 /16 /14)(Ell) APP 1873- 44. Liquor License Applications R &F 1874- 45. Leaves of Absence R &F 1875- 46. Appoint Legislative Assistant Council Staff(Gould) ADOPT 1876- 47. Notices of Appointments - Council Interns ADOPT 1877- 48. Notices of Appointment - Seasonal R &F 1878- 49. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1879- 50. N. Boyd- Concerns New Equipment and the Apollo TELECOM 1880- 51. EC Senior Services - Public Comments for Programs and Service for Older Adults R &F 1881- 52. LP Ciminelli-Bd Packet Documents - September 2014 R &F 1882- 53. Marine Dr Resident Council- Concerns Quality of Life Issues CD 1883- 54. J. Mascia - Concerns Increased Activity at Canalside CD 1884- 55. J. Nowak -Letter to Lackawanna Council Re Bethlehem Waterfront Pk Proj R &F PETITIONS 1885- 56. M. Henger, Agent, Use 2161 Seneca to Alter an Existing Tavern for a Soup Kitchen in the Special Zoning District(South)(hrg 09/23) LEG,CPBD 1886- 57. G. Scholand, Agent, Rezone 903 Ellicott, 150 North & 1100 Michigan From R3, Ml and Cl to CM(Ell)(hrg 9/30) LEG,CPBD RESOLUTIONS 1928- 57A. Fontana Appoint Marriage Officer(Kearns) ADOPT 1929- 58. Fontana Bond Resolution -North Buffalo Rails to Trails APP 1930- 59. Fontana GPS Technology Aims to Reduce # of High Speed Police Permits ADOPT RES REM TO POL O /SIGHT 1931- 60. LoCurto Waive Permit Fees for Child Abuse Awareness at LaSalle Park APP 1932- 60A. LoCurto Waive Permit Fees for the Peace and Nonviolence Festival in Delaware Pk APP 1933- 61. Rivera Fee Waiver- Elmwood Village St Party APP 1934- 61A Scanlon Disch Leg ccp# 14 -1783 Use 447 Main for Freestanding Sign(Ell) ADOPT D/C APP 1935- 62. Smith Appoint Legislative Assistant - Council Staff(Gould) ADOPT 1936- 62A Smith, etc Neighborhood Development Plan for COB & School District ADOPT RES REM TO ED 1937- 63. Smith Waive Permit Fees -Bury the Violence Memorial Walk APP 1938- 64. Wyatt Reduce/Restrict Mass Gathering in Univ Heights ADOPT 1939- 65. Wyatt Comm of Deeds ADOPT TABLE ITEMS - - - -- Review of 2006 Police hicident(CCP #2, SS 07/08/2014) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1887- 1. 14 -1702 Com Sept 2 1888- 2. 14 -1708 Com Sept 2 1889- 3. 14 -1734 Com Sept 2 1890- 4. 14 -1735 Com Sept 2 1891- 5. 14 -1736 Com Sept 2 1892- 6. 14 -1737 Com Sept 2 1893- 7. 14 -1738 Com Sept 2 1894- 8. 14 -1739 Com Sept 2 1895- 9. 14 -1746 Com Sept 2 1896- 10. 14 -1761 Com Sept 2 COMMUNITY DEVELOPMENT Appoint Director of Planning(Exempt)(Marrero)(Strat Plan) R &F Appoint Assistant to Assessor(Prov)(Fourth Step)(Caufreld)(Asmt) APP Appoint Police Captains(Perm)(Lark, Mullen)(Pol) APP Appoint Police Lieutenant(Perm)(Manley)(Pol) APP Appoint Police Lieutenants(Cont Perm)(Maraschiello, Walker, Zipp, Williams, English)(Pol) APP Appoint Detectives(Perm)(Stephany, Nunan, White, Maolla, Plezka)(Pol)_APP Appoint Detective(Temp)(Harris)(Pol) APP Appoint Police Officers(Perm)(Tripp, McDaniels, Williams, Tirado, Reeves Jr, Moffett, Orefice, Beyers, Hunter, Ganley, Threats, Garland, Perillo, Stutz, Crespo, McCabe, Rice, Godios, Taylor, Torgalski(Pol) APP Extension to Contract - Inquires Inc -Entry Police Candidates Background Check(HR) APP Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F 1897- 11. 14 -1690 Com Sept 2 1898- 12. 14 -1694 Com Sept 2 Abandonment & Sale Portion of Jefferson Ave ROW to Seneca Hamburg(Fill)(Strat Plan) APP Report of Sale -1532 Genesee(Fill)(Strat Plan) APP 1899- 13. 14 -1778 No Sept 2 SEQR- Positive Declaration -3 Gates Circle(Ell) APP 1900- 14. 14 -1811 No Sept 2 Approval of Abandonment and Sale Portion of Jefferson to Seneca 29. 12 -51 No 1916- Hamburg(Fill)(hrg 09 /16)(Franczyk) APP 1901- 15. 14 -1532 Com July 22 Adjustments to BOA Contracts of Urban Strategies and Camiros(StratPlan) APP 1917- 1902- 16. 14 -1533 Com July 22 Report of Sale 226, 232,236,238 High(Ell)(StratPlan) APP 1903- 17. 14 -1217 Com June 10 Report on CDBG Funds as of May 31, 2014 R &F 1904- 18. 14 -914 No Apr 29 M. Damico- Concerns How to Adult Leagues Are Formed in COB R &F 1905- 19. 14 -917 No Apr 29 C. Tarr- Concerns Regional Collegiate Town & Gown Procedures & -1283 No June 10 Creation of a Community Civil Court in Buffalo R &F 1906- 20. 14 -918 No Apr 29 C. Tarr- Concerns -Long Term Control Plan -BSA R &F 1907- 21. 14 -963 Res Apr 29 Dedicate Sale Funds to King Urban Life Center Board for Redevelopment & Loss of Revenue(exc 2 nd Res)(Franczyk) R &F 1908- 22. 14 -195 No Feb 4 J. Golombek - Article Higgins Comments on Start of Peace Bridge Inspection Pilot R &F 1909- 23. 14 -196 No Feb 4 J. Golombek- Request Individuals to Attend a Special CD Meeting Re Peace Bridge R &F 1910- 24. 14 -197 No Feb 4 J. Golombek- Restart Federal Inter- Agency Environmental Justice Investigation For Buffalo's West Side R &F 1911- 25. 14 -225 No Feb 4 Req Investigation By White House Council Into Environmental Review Process Undertaken for Peace Bridge Related Projects (Golombek)(14 -38,1 /7)(14 -130,1 /21) R &F 1912- 26. 14 -116 No Jan 21 K. Mecca -Req Public Comment Deadline Extension for NY Gateway 1913- 27. 14 -118 No 1914- 28. 13 -53 No 1915- 29. 12 -51 No 1916- 30. 12 -41 No LEGISLATION July 8 1924- 1917- 31. 14 -1781 No 1918- 32. 14 -1782 No 1919- 33. 14 -1784 No 1920- 34. 14 -1799 No Jan 21 J. Montour - Dormitory, NYC Urban Planning and Bridge Authorities R &F Nov 26 T. Dee - Canalside Modified General Project Plan Amendment R &F Nov 13 D. Rider -CSX Katherine Street Lead R &F Apr 3 Bishop L. Boyd- Continued Sidewalk Replacement R &F Sept 2 Sept 2 Sept 2 Sept 2 1921- 35. 14 -1577 Com July 22 1922- 36. 14 -1459 Com July 8 1923- 37. 14 -1461 Com July 8 1924- 38. 14 -1462 Com July 8 1925- 39. 14 -1487 No July 8 1926- 40. 14 -1354 Com June 24 1927- 41. 14 -1283 No June 10 A. Sumlin, Owner, Use 976 Elmwood for a Sit in Restaurant With an Outdoor Caf6(hrg 9 /9)(Del) M. Le, Owner, Use 520 Elmwood to Open an Existing Restaurant in the Elmwood Ave Special Zoning District(Nia)(hrg 09/09) APP D. Boergers, Agent, Use 25 Depot to Erect a V- Shaped Ground Sign(Fill)(no hrg) APP /COND APP A. Ali, Owner, Use 1000 Elmwood for Conversion of a Bank to a Retail Store With Takeout in the Elmwood Ave Business District ( #14- 1616,7 /22)(hrg 7/29)(Del) APP W /COND Food Store(new) 179 Military(North)(EDPI) APP W /COND Food Store License(New) -500 Ontario(North)(EDPI) APP /COND Scrap Processor -482 Howard(Fill)(EDPI) APP Wholesale Junk Dealer -482 Howard(Fill)(EDPI) APP K. Mackiewicz, Owner, Use 191 Allen to Create an Additional Patio Area(hrg 07 /15)(Fill) APP W /COND Food Store License(New) -325 Niagara (Fill)(EDPI) APP /COND T. Briatico, RA, Agent, Use 1064 Sycamore for a Vestibule & Stairs in the City ROW(no hrg)(Fill)(# 14-115 3, May 27) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY SEPTEMBER 16, 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 September 2, 2014 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1827 ACCEPTANCE OF GIFT OF MAYORAL PORTRAIT- HON. FRANK X. SCHWAB The City of Buffalo Arts Commission recommends that your Honorable Body accept a girl of the mayoral portrait of the Honorable Frank X. Schwab. The Commission has reviewed the portrait and finds that it is of artistic merit, it is worthy of addition to the City's collection of art, and it is suitable for public display for the enjoyment of the citizens of the City of Buffalo. The Commission further requests that your Honorable Body authorize the Executive Director of the Arts Commission, working with the Law Department, to execute all necessary documents to effect this gift to the City. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Buffalo Arts Commission, dated September 16, 2014, be received and filed; That the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to accept a gift of the mayoral portrait of the Honorable Frank X. Schwab; and that the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to execute all necessary documents to effect this gift to the City. PASSED AYES 9, NOES 0 NO. 1828 ACCEPTANCE OF GIFT OF MAYORAL PORTRAIT- HON. SHELDON THOMPSON The City of Buffalo Arts Commission recommends that your Honorable Body accept a gift of the mayoral portrait of the Honorable Sheldon Thompson. The Commission has reviewed the portrait and finds that it is of artistic merit, it is worthy of addition to the City's collection of art, and it is suitable for public display for the enjoyment of the citizens of the City of Buffalo. The Commission further requests that your Honorable Body authorize the Executive Director of the Arts Commission, working with the Law Department, to execute all necessary documents to effect this gift to the City. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Buffalo Arts Commission, dated September 16, 2014, be received and filed; That the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to accept a gift of the mayoral portrait of the Honorable Sheldon Thompson; and that the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to execute all necessary documents to effect this gift to the City. PASSED AYES 9, NOES 0 FROM THE OFFICE OF CITIZEN SERVICES NO. 1829 SUBMISSION OF MONTHLY REPORT FOR AUGUST 2014 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for August 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 1830 EXPANSION OF THE LINWOOD HISTORIC DISTRICT (HRG TO BE DETERMINED) Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Expansion of the Linwood Historic District The Buffalo Preservation Board recommends that the Buffalo Common Council expand the Linwood Historic District which includes the properties from North Street at the south to West Ferry at the north to include all of Linwood Avenue to West Delavan Avenue at the north. Specifically it will include the properties at 482 and 475 Linwood at the south (West Ferry) to 728 and 729 Linwood at the north (West Delavan). It would also include all the properties on Linwood Terrace 15 -24 Linwood Terrace and the property at 880 Lafayette Avenue which borders Linwood Avenue. It is not inclusive at this time of the property listed at 122 Delaware Avenue (parking ramp) or the properties listed as 3 Gates Circle (former Millard Fillmore Hospital). The attached application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that the properties offer as the City of Buffalo as well as possible threats the building may face in the future. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation..: The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district., As stated in the application the expansion of the existing Linwood Historic Preservation will help to preserve and protect the historic, architectural and cultural significance of the entire neighborhood. The Linwood Preservation District & Friends (LPD &F) has symbolically kept this portion under its wing. The expanded district will do so in a more formal way. The expansion of the Linwood Historic Preservation District will allow LPD &F to more formally protect the entire neighborhood and offer the benefits of incorporation into a historic district that neighbors north of West Ferry would also like to benefit from. Expansion of the District will also give the residents in this section the opportunity to have more input into the proposed development of the former Millard Fillmore Hospital as any work abutting or impacting a historic district will require some level of public review with respect to how it may impact the historic fabric of a designated district. This type of involvement is certainly less at present time. Daniel McEneny of the NYS Historic Preservation Office determined that this area is eligible for the National Register of Historic Places, meeting the same criteria the Buffalo Preservation is charged with considering during its evaluation. A public hearing to review the application was held by the Buffalo Preservation Board at its September 4 2014 meeting and the Preservation Board unanimously voted based on the application and public input to recommend expansion of the District. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the properties meet 6 of the 9 criteria for designation as a Local Landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The homes in the district were built at a time of Buffalo's explosive growth and the styles reflect that which was happening in Buffalo and other similar cities in the United States (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. (4) It is defined with a person or persons who significantly contributed to the development of the city, state or nation. Residents included Joseph Ball of 482 Linwood, cashier at the DL &W Coal Depot, S.M. Flickinger of 491 Linwood, founders of S.M. Flickinger Inc. pioneering food distribution company, Frank Rumsey of 530 Linwood, attorney for WNY Railroad and the Pennsylvania Railroad and Charles Cary Rumsey a renowned Buffalo artist, Herbert Bissell of 549 Linwood attorney and friend of Grover Cleveland and John Alberger of 681 Linwood, owner of a downtown meat market. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. Fine examples of homes built during Buffalo's greatest expansion include: Queen Anne, Colonial Revival, Gothic Revival, Georgian Revival, Bungalow, Arts & Crafts, Second French Empire, and Spanish Colonial. Materials include native stone, wood clapboard and shingle and slate and tile roofs. Much of it harvested or produced locally. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. The wide variety of styles listed in (5) manifest themselves in high quality details in windows, moldings, brackets, roofing, woodworking throughout the district (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. An important north south street in the City of Buffalo, the parkway like setting is an important feature in to residents and visitors alike. Respectfully submitted, Paul McDonnell, AIA Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 1831 CDBG GRANT FUNDING, HOME PROGRAM & FUNDING, HOPWA PROGRAM AND FUNDING, ESG PROGRAM & FUNDING 1. Community Development Block Grant (CDBG) Program and Funding 2. Home Investment Partnerships (HOME) Program and Funding 3. Housing Opportunities for Persons with AIDS Program ( HOPWA) Program and Funding 4. Emergency Solutions Grant (ESG) Program and Funding The City of Buffalo Office of Strategic Planning on behalf of the City of Buffalo and the United States Department of Housing and Urban Development (HUD) continues to administer certain portions of CDBG, HOME, ESG and HOPWA through the City of Buffalo Urban Renewal Agency (BURA) as a subrecipient of the City of Buffalo. The following program administration and management agreements embody the continuation of the HUD approved and required system agreed to between the City's Office of Strategic Planning and HUD. The agreements presented to this Honorable Body for consideration and approval are as follows: 1. Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for City of Buffalo CDGB Program Administration for the 2014 -2015 and 2015 -2016 HUD Program Years ( "CDB O Agreement "); 2. Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the Administration and Implementation of the Home Investment Partnerships (HOME) Program for the 2014 -2015 and 2015 -2016 HUD Program Years ( "HOME Agreement "); 3. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services through the Housing Opportunities for Persons With AIDS Program for the 2014 -2015 and 2015 -2016 Program Years ( "HOPWA Agreement "); 4. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services for the City of Buffalo Emergency Solutions Grant Program for the 2014 -2015 and 2015 -2016 Program Years ( "ESG Agreement "). The CDBG Agreement, HOME Agreement, HOPWA Agreement and ESG Agreement and the updated system of arrangements for the administration of CDBG funds, HOME funds, HOPWA funds and ESG funds: 1. Continue the expenditure of HUD funds in compliance with all HUD regulations, 2. Continue the programs and compliance methods by BURA which have been reviewed extensively by HUD and approved by HUD, 3. Recognize the experience, depth and capacity of BURA staff in managing HUD and other federal programs, and 4. Maintain the current practices and procedures of the current agreements that allow and will now continue to allow BURA to disburse funds directly to third parties for CDBG projects and programs and HOME projects and programs, in a manner satisfactory to the City and satisfactory to HUD as to use of funds and funds disbursement protocol. It is also noted that BURA receives compensation for its services under the agreements. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Ratify and confirm the actions taken to prepare the agreements in this form; 2. Authorize the Mayor to execute the agreements mad related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; 3. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning 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 agreements and to facilitate and implement the City's receipt and utilization of the subject funding as well as all related reporting, monitoring and follow -up functions associated with the funding; and 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation and agreements wherever necessary for execution and actual implementation of the improved and updated administrative arrangements and agreements which will be filed with the Common Council as an informational item. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1832 RESCIND SALE & REFUND PURCHASE PRICE -378 & 384 NORMAL(NIA) In the above referenced item Your Honorable Body approved the sale of 378 and 384 Normal to Mr. Myo Thant, 530 Fulton Street, Buffalo, New York 14210. Mr. Thant owns the two family dwelling at 380 Normal, which is adjacent to both 378 and 384 Normal. Mr. Thant intended to use the vacant lots for additional green space, Prior to transferring title of 378 & 384 Normal the Board of Education contacted the Division of Real Estate advising that 378 Normal was needed in conjunction with the operation of Public School No.77 located at 370 Normal. Further note that the property located at 384 Normal was identified for a new construction project. Mr. Thant was notified of the above referenced circumstances and agreed to the refund of his deposit. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 378 & 384 Normal to Myo Thant and return his deposit of Four Hundred Eighty Dollars ($480) and return the property to our inventory for future sale. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1833 REPORT OF SALE 11 FARGO -VACANT LOT North Side 80' Northwest of Hudson Lot Size: 40'x 120' Assessed Valuation: $5,800 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Phyllis D'Angelo to purchase 11 Fargo. Ms. D'Angelo owns and resides at 15 Fargo, which is adjacent to 11 Fargo. She intends to use the vacant lot at 11 Fargo for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no. objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy -Nine Cents ($79) to One Dollar Fifty Cents ($1.50) per square foot. Ms. D'Angelo has agreed and is prepared to pay Three Thousand Eight Hundred Dollars ($3,800), Seventy -Nine Cents ($79) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 11 Fargo in the amount of Three Thousand Eight Hundred Dollars ($3,800) to Phyllis D'Angelo. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1834 REPORT OF SALE- 183 GOULDING - VACANT LOT 384'W Humboldt Pkwy Lot Size: 35'x 105' Assessed Valuation: $2,100 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ian Kushner on behalf of Odin Holdings, LLC 1114 -60 174 Street, Jamaica, N.Y. 11434 to purchase 183 Goulding Street. Mr. Kushner would like to purchase the above referenced property in order to extend his yard. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($40) to Sixty Cents ($80) per square foot. Mr. Kushner has agreed and is prepared to pay Fifty Four Cents ($.54) per square foot for the parcel for a total of Two Thousand Dollars ($2,000) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 183 Goulding Street in the amount of Two Thousand Dollars ($2,000) to Odin Holdings, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the offer from Mr. Ian Kushner on behalf of Odin Holdings, LLC, 1114 -60 174 Street, Jamaica, New York 1 t434, in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 183 Goulding be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title mad that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1835 REPORT OF SALE 1486 JEFFERSON - VACANT LOT LOCATED 232.23' North of Ferry • Lot Size: 30'x 125' Assessed Valuation: $3,800 (Masten District) Item No. 1136, C.C.P. May 27, 2014 Pursuant to Item No. 1136. C.C.P. May 27, 2014 Your Honorable Body approved the sale of 1486 Jefferson Avenue to Belmont Housing Resources for WNY (Developer) in the amount of Three Thousand Dollars ($3,000). The Office of Strategic Planning, Division of Real Estate has been contacted by Belmont Housing Resources for WNY (Developer) and they are requesting that the name on the contract and deed be changed from Belmont Housing Resources for WNY (Developer) to Bellamy Commons LLC (Developer). 1195 Main Street, Buffalo, NY 14209. The city owned lot at 1486 Jefferson is part of a bigger project which includes the redevelopment of 1490 Jefferson (a cultural facility). The city owned lot at 1486 Jefferson is situated between the building at 1490 Jefferson and property they own at 1484 Jefferson. The Project will consist of rehabilitating the existing structure at 1490 Jefferson to a mix of 1 and 2 bedroom units as well as non- residential commercial space on the ground floor. Approximately 3,000 sq. of commercial space will be occupied by Black Achievers, Inc. Black Achievers, Inc. is a not for profit corporation whose primary activity is to recognize and promote the achievement of African American individuals who have been successful in business and industry in WNY. They will operate the Buffalo Black Achievers Museum. Total project costs are estimated at Seven Million Four Hundred Fifty One Dollars ($7,451,000). The Developer will be using Empire State Development ( "ESD ") funding in the amount of approximately $500,000 for renovations of the nonresidential commercial space. The ESD funding will be used, but not limited to, selective demolition of interior and general preparation for commercial tenants, exterior commercial facade, mechanical, electrical and plumbing design and installation. If additional ESD funds are available after the commercial space is completed, then the funding will be utilized for the rehabilitation of the Project's residential space. Primary funding sources for the residential portion of the Project include Low Income Housing Tax Credits and Low Income Housing Trust Fund Program Loan provided by New York State Housing & Community Renewal. The price was determined by an appraisal estimating the fair market value of 1486 Jefferson to be Three Thousand Dollars ($3,000). The City' of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Bellamy Commons, LLC has agreed and is prepared to pay Three Thousand Dollars ($3,000) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1486 Jefferson Avenue for the amount of Three Thousand Dollars ($3,000), plus all closing costs to Bellamy Commons, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the Common Council approved the sale of 1486 Jefferson Avenue to Belmont Housing Resources for WNY in the amount of Three Thousand Dollars ($3,000.00); and that the Office of Strategic Planning, Division of Real Estate has been contacted by Belmont Housing Resources for WNY to change the name on the contract and deed to Bellamy Commons LLC. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1836 REPORT OF SALE 16 KRETTNER - VACANT LOT West Side, 130.50' North of Howard Lot Size: 26'x 107' Assessed Value: $1,500 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Darlene V. Burks to purchase the city owned vacant lot located at 16 Krettner for additional green space. Ms. Burks owns and resides at 162 Howard, Buffalo, New York. Ms. Burks also owns the lot adjacent to her home at 14 Krettner. The city owned vacant lot she is requesting to purchase at 16 Krettner is adjacent to lot Ms. Burks owns at 14 Krettner. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy -Five Cents ($75) per square foot. Mr. Burks has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Fifty Cents ($.50) per square for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 16 Krettner in the amount of One Thousand Four Hundred Dollars ($1,400) to Darlene V. Burks. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1837 REPORT OF SALE - 16 LOEPERE- VACANT LOT 147' North of Broadway Lot Size: 30'x 108' Assessed Valuation: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Atiqur Rahman 178 Stanislaus, Buffalo, New York 14212 to purchase 16 Loepere Street. Mr. Rahman owns property in the surrounding area. He would like to purchase the above referenced property in order to extend the present parking lot. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations; taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to Seventy -Five Cents ($.75) per square foot. Mr. Rahman has agreed and is prepared to pay Forty Five Cents ($.45) per square foot for the parcel for a total of One Thousand Four Hundred Fifty Dollars ($1,450) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 16 Loepere Street in the amount of One Thousand Four Hundred Fifty Dollars ($1,450) to Atiqur Rahman, on condition: 1. If the proposed parking lot is five (5) spaces or less that the Buyer provide a buffer around the perimeter of the parking lot. 2. If the proposed parking lot is six (6) or more spaces the Buyer must submit an application to the City of Buffalo Planning Board for approval. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the offer from Mr. Atiqur Rahman, 178 Stanislaus, Buffalo, New York 14212, in the amount of One Thousand Four Hundred Fifty Dollars ($1,450.00) for the purchase of 16 Loepere be and hereby is accepted upon the conditions that if the proposed parking lost is five (5) spaces or less, the Buyer must provide a buffer around the perimeter of the parking lot, and if the proposed parking lot is six (6) or more spaces, the Buyer must submit an application to the City of Buffalo Planning Board for approval; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9. NOES 0 NO. 1838 REPORT OF SALE 81 MOSELLE - VACANT LAND East Side 30' South of McKibben Lot Size: 30'x 105' Assessed Valuation: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed Hossain & Ms. Rahima Akter of 79 Moselle Street, 1 sc Floor, Buffalo, New York 14206 to purchase 81 Moselle. Mr. Hossain & Ms. Akter own and reside at 79 Moselle, which is adjacent to the vacant lot at 81 Moselle. They intend to use the vacant lot at 81 Moselle for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Ninety Cents ($.90) per square foot. Mr. Mohammed & Ms. Akter have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500), Forty -Eight Cents ($.48) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 81 Moselle in the amount of One Thousand Five Hundred Dollars ($1,500) to Mohammed Hossain & Rahima Akter. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the offer from Mr. Mohammed Hossain and Ms. Rahima Akter of 79 Moselle Street, First Floor, Buffalo, New York 14206, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 81 Moselle be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor he authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1839 REPORT OF SALE 63 REED - VACANT LAND East Side 580.40" North of Broadway Lot Size: 30'x 11 5' Assessed Valuation: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mohammad & Nargis Rahman, 69 Reed Street, Buffalo, New York 14212 to purchase 63 Reed. Mr. & Mrs. Rahman own and reside at 69 Reed. They also own the adjacent property at 67 Reed, which is where their garage is located. Mr. & Mrs. Rahman intend to use the vacant lot at 63 Reed, which is adjacent to their property at 67 Reed, for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75) per square foot. Mr. & Mrs. Rahman have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500), Forty -Three Cents ($43) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 63 Reed in the amount of One Thousand Five Hundred Dollars ($1,500) to Mohammad & Nargis Rahman. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the offer from Mr. Mohammed and Nargis Rahman of 69 Reed Street, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 63 Reed be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1840 REPORT OF SALE - 300 RILEY - VACANT LOT 266' West of Jefferson Lot Size: 25'x 106' Assessed Valuation: $1,200 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Albert Sanders 294 Riley, Buffalo, New York 14208 to purchase 300 Riley Street. Mr. Sanders owns property in the surrounding area. He would like to purchase the above referenced property in order to extend the present yard and garden space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.25) to One Dollar ($1.00) per square foot. Mr. Sanders has agreed and is prepared to pay Forty Five Cents ($.45) per square foot for the parcel for a total of One Thousand Two Hundred Dollars ($1,200) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 300 Riley Street in the amount of One Thousand Two Hundred ($1,200) to Mr. Sanders. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1841 REPORT OF SALE - 503 RILEY - VACANT LOT 118' East of Wohlers Lot Size: 30'x 105' Assessed Valuation: $1,800 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dwight Bonner, 505 Riley Street Buffalo, New York 14208 to purchase 503 Riley Street. Mr. Bonner would like to purchase the above referenced property in order to create a yard and play space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Sixty Cents ($.60) per square foot. Mr. Bonner has agreed and is prepared to pay Forty Four Cents ($.44) per square foot for the parcel for a total of Fourteen Hundred Dollars ($1,400) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 503 Riley Street in the amount of Fourteen Hundred Dollars ($1,400) to Dwight Bonnet. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1842 REPORT OF SALE 41 SOUTH SOUTH SIDE 105' WEST OF ST. CLAIR LOT SIZE: 30 X 123 ASSESSED VALUATION: $2,100 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Sean P. Zoll residing at 290 Fargo Avenue, Buffalo, New York 14213. Mr. Zoll would like to purchase 41 South for a driveway and deck for the house he owns at 50 St. Clair. Mr. Zoll also owns the vacant lots at 37& 39 South, which are adjacent to his house at 50 St. Clair and adjacent to the city owned lot located at 41 South. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty -Five Cents ($.45) to Sixty Cents (.60) per square foot. Mr. Zoll has agreed and is prepared to pay One Thousand Eight Dollars ($1,800), Forty -Nine Cents (.49) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 41 South in the amount of One Thousand Eight Hundred Dollars ($1,800) to Sean P. Zoll. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, he received and filed; and That the offer from Mr. Seam P. Zoll of 290 Fargo Avenue, Buffalo, New York 14213, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 41 South be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 1843 REPORT OF SALE 211 WOLTZ EAST SIDE 220' NORTH OF SYCAMORE VACANT LOT SIZE LOT SIZE: 30'X 108' ASSESSED VALUATION: $1,600 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from MD Jane Alam residing at 223 Woltz, Buffalo, New York 14211 to purchase 211 Woltz. Mr. Alam is in the process of homesteading 221 Woltz, which is adjacent to his home. He would like to purchase 211 Woltz, which is adjacent to the lot he is homesteading. Mr. Alam intends to use both properties for additional green space. The Office Of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Forty Cents ($.40) per square foot. Mr. Alam has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Forty Cents ($.40) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 211 Woltz for One Thousand Three Hundred Dollars ($1,300) to MD Jane Alam. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and filed; and That the offer from MD Jane Al am of 223 Woltz, Buffalo, New York 14211, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of211 Woltz be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessa —¢ documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 NO. 1844 REPORT OF SALE 152 DELAVAN WEST - VACANT LOT NORTH SIDE 241' EAST OF DEWITT LOT SIZE: 27'X 151' ASSESSED VALUE: $2,700 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jose Louis Santiago to purchase the city owned vacant lot located at 152 Delavan West. Mr. Santiago owns and resides at 150 West Delavan, which is adjacent to 152West Delavan. He intends to use the vacant lot at 152 West Delavan for off - street parking and additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($40) to One Dollar Twenty Cents ($1.20) per square foot. Mr. Santiago has agreed and is prepared to pay Two Thousand Dollars ($2,000), Sixty -Six Cents ($.66) per square for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 152 West Delavan in the amount of Two Thousand Dollars ($2,000) to Jose Louis Santiago. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 8, 2014, be received and flied; and That the offer from Mr. Jose Louis Santiago of 150 Delavan West, Buffalo, New York, in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 152 Delavan West be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 FROM THE COMPTROLLER NO. 1845 LNTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is 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 $3,000,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3210 - Cars on Main Street -500 Block Grant Title: Restoration of Vehicle Traffic on Main St 500 Block:Mohawk St to Chippewa St GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $13,384,000.00 LOAN AMOUNT: Maximum of $3,000,000.00 Estimated Date of Repayment: March 31, 2015 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated September 15, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the C]ty s General Fund m the amount of $3,000,000.00 for the Restoration of Vehicle Traffic on Main Street, 500 Block, from Mohawk Street to Chippewa Street. PASSED AYES — 9 NOES — 0 NO. 1846 REPORT ON CDBG Attached is an informational report on the status of Community Development Block Grant disbursement as of July 31, 2014 Mark J. F. Schroeder Comptroller Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 1847 APPOINT SENIOR TAX CLERK(TEMP)(THIRD STEP)(LEE) Appointment effective 09/01/2014 in the Department of Assessment and Taxation, to the Position of Senior Tax Clerk, Temporary Appointment at the third step of $35,868.00 Ramona L. Lee, 155 Durham Avenue, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1848 CHANGE IN CONTRACT COCA COLA FIELD RENOVATIONS JOB #1274G FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for the Coca Cola Field Renovations, Spicer Group(S &W Contracting) C #93001126 1. Additional cost for cold weather conditions for concrete work Add $7,539.81 The original schedule for the project would have ended prior to the need for cold weather protection. Changes in the schedule at the request of the Bisons and City resulted in the schedule shifts. The foregoing change results in a net increase in the contract of Seven Thousand Five Hundred Thirty Nine and 81/100 Dollars($7,539.81) Summary Original Contract Amount $315,000.00 Amount of Previous Change Orders $19,602.40 Amount of This Change Order( #1) $7,539.81 Revised Contract Amount $342,142.21 Costs have been reviewed and approved by the consulting engineer (Cannon Design) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funding for this change order is available in 35323106 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated September 10, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $7,539.81 (Original Contract Amount $315,000.00 + Previous Change Orders $19,602.40 for a Revised Contract Amount of $342,142.21) for the Coca -Cola Field Renovations, to Spicer Group (S &W Contracting) C #93001126. Funding is available in Account #35323106 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1849 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR REMOTE PUMP STATION REHABILITATION PROJECT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer and Clarke, Inc. for study, design, bid, and construction phase services for the rehabilitation of our remote pump stations including Manhattan Ave., Grover, and Mass. Ave. including but not limited to pumps, motors, and all related equipment, HVAC and electrical systems, etc. Our pump stations are critical to maintain sufficient water pressures in the higher elevation areas of the Buffalo Water System. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in a Division of Water account 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 10, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Nussbaumer and Clarke, Inc. for study, design, bid and construction phase services for the rehabilitation of the remote pump stations including Manhattan Ave., Grover and Mass. Ave., including, but not limited to, pumps, motors, and all related equipment, HVAC and electrical systems, etc. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water Account #53230806 445100 and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1850 APPOINT ADMINISTRATIVE ASSISTANT(TEMP)(INTER)(GETZ) Appointment effective 09/08/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Administrative Assistant, Temporary at the Intermediate at the Starting Salary of $41,348.00 Carole Getz, 352 Lincoln Pkwy, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1851 APPOINT DIRECTOR OF PARKS AND RECREATION Appointment effective 09/08/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Director of Parks and Recreation, exempt at the Flat Starting Salary of $66,092.00 Burt Mirti, 32 Coburg, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OFPOLICE NO. 1852 APPOINT DETECTIVE(TEMP)(SANCHEZ) Appointment effective September 1, 2014 in the Department of Police, Division of Detective Bureau to the Position of Detective, Temporary at the Flat Salary of $68,230.00 Sheryl A Sanchez, 18 Alberta Drive, Amherst, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1853 APPOINT PUBLIC SAFETY DISPATCHER(PERM)(SECOND STEP)(THOMAS) Appointment effective August 27, 2014 in the Department of Police, Division of Administration and Communication, Permanent at the Second Step of $24,212.00 Samuelle L. Thomas, 157 Langfield Drive, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 1854 APPROVAL OF CONTRACT WITH LA SALLE AMBULANCE, INC., DFO /A RURAL METRO MEDICAL SERVICES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES FEBRUARY 18, 2014 AND JUNE 24, 2014 Attached for your Honorable Body's review and approval is a one and a half month contract extension with La Salle Ambulance, Inc., d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. The Buffalo Fire Department is requesting that approval be granted to allow the Mayor of the City of Buffalo to execute the attached emergency extension agreement until October 31, 2014. The Agreement continues to provide for monthly franchise fee payments of $29,166.66 which are due under the expired term, as well as for monthly payments of $29,166.66 for the duration of the subject Agreement. The City issued a comprehensive Request for Proposals (RFP) for this service, and on January 27, 2014, received three proposals in response. A review committee consisting of the Law Department, the Fire Commissioner, and a representative of the EMS Board conducted an extensive review and examination of the proposals, in order to select the provider that insures the best response times and service for the City of Buffalo. On June 24, 2014, Your Honorable Body granted permission to enter into contract negotiations with the selected provider, Rural Metro. Negotiations are currently ongoing between Rural Metro and the City of Buffalo. We are finalizing the contract next week, and request the extension until October 31, 2014, to ensure the Council has adequate time to review. 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 Commissioner of the Buffalo Fire Department, dated September 11, 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 October 31, 2014. PASSED AYES — 9 NOES — 0 NO. 1855 FEMA AWARD EMW -2012 FO -07247 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG) The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grants Program. We applied for this grant to purchase RIT packs for the apparatus that will increase firefighter safety. This grant will further assist us in reaching our goal. The total award from FEMA is $33,600. As part of the FEMA AFG Program, we are required to provide a 20% match to secure these funds. The match portion Of the award is $8,400 These funds are available in our 12142007474100 capital outlay account. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated September 11, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Fire to accept grant funding in the amount of $69,971.00 from FEMA's Assistance to Firefighters Grants Program. The Fire Department is required to provide a 20% match to secure these funds. The funds are available in Account #12142006 480000. PASSED AYES — 9 NOES — 0 NO. 1856 PERMISSION TO TRADE IN OLD DISPATCH CONSOLES THE BUFFALO FIRE DEPARTMENT RESPECTFULLY REQUESTS PERMISSION TO TRADE IN OUR OLD DISPATCH CONSOLES TOWARD THE PURCHASE OF NEW ONES. DOING SO WILL PROVIDE A CREDIT OF $50,000.00 TOWARD THE PURCHASE OF THE NEW CONSOLES FROM MOTOROLA. THESE CONSOLES THAT WERE PURCHASED IN 1999, ARE OUT OF DATE AND NO LONGER Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated September 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to trade in dispatch consoles which are out of date and no longer serviceable towards the purchase of new dispatch consoles. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1857 LODGING HOUSE LICENSE -1738 ELMWOOD AVE(NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1738 Elmwood Ave, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of William Knessler. The attached thereto for William Koessler d /b /a EVENTS @ THE FOUNDRY 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 September 9, 2014, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to William Koessler d /b /a Events @ The Foundry, located at 1738 Elmwood Avenue. PASSED AYES — 9 NOES — 0 NO. 1858 MOBILE FOOD TRUCK -131 LEONARD(HOME ADDRESS)(NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 131 Leonard St Buffalo, NY for which said application for a Mobile Food Truck license is being sought by Deanna Johnson @ The Flaming Fish and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1859 RESTAURANT DANCE LICENSE -1738 ELMWOOD(NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1738 Elmwood for which said renewal application for a Restaurant Dance Class IV license is being sought William Koessler @ Events @The Foundry and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 August 28, 2014, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to William Koessler d /b /a Events @ The Foundry, located at 1738 Elmwood. PASSED AYES — 9 NOES - 0 NO. 1860 SECOND HAND DEALER 1941 CLINTON (LOVE JOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1941 CLINTON and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of ILIJA KARANOVIC The attached thereto for ILIJA KARANOVIC d /b /a/ CLINTON USED APPLIANCES. 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 Permit and Inspection Services, dated September 2, 2014, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Ilija Karanovic d /b /a Clinton Use Appliances located at 1941 Clinton is hereby approved. PASSED AYES 9, NOES 0 NO. 1861 SECOND HAND DEALER 2191 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2191 ELMWOOD and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of JEFFREY HERNANDEZ The attached thereto for JEFFREY HERNANDEZ d /b /a/ PAWN IT 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 Permit and Inspection Services, dated September 9, 2014, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jeffrey Hernandez d /b /a Pawn it located at 2191 Elmwood is hereby approved. PASSED AYES 9, NOES 0 NO. 1862 USED CAR DEALER 1367 BAILEY SUITE 2 (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1367 BAILEY SUITE 2 and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of MORTADA HIZAM . The attached thereto for MORTADA HIZAM /dba /MD CITY AUTO. 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 Economic Development, Permits and Inspection Services, dated August 28, 2014, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Mortada Hizam d /b /a MD City Auto located at 1367 Bailey, Suite 2, upon the following conditions: 1. 5 car limit 2. No storage of junk PASSED AYES 9, NOES 0 NO. 1863 USED CAR DEALER 407 SOUTH PARK (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 407 SOUTH PARK and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of YONAS HABTOM NEGASH /REZENE GHEBRAY TEWELDE. The attached thereto for YONAS HABTOM NEGASH /REZENE GHEBRAY TEWELDE /dba/Y & R AUTO REPAIRS & SALES. 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. 1864 LEASE OF COPIERS THE Division of Purchase is requesting approval to enter into a lease agreement with Toshiba Business Solutions for the tease of copiers city wide. The anticipated dollar amount for the contract of the equipment lease IS $151,164 plus click (copy) charges. The lease will run for a period of 60 months, The contract is being awarded from a national cooperative purchasing contract per the new "Piggybacking" law GML 103 (16) that the Common Council approved as a local law in February 2014. This will result in an annual savings of approximately $4,500 from the current contract (competitively bid in 2009) with no interruption in the current copy services. Also included in this new contract will be upgraded copiers with faster duty cycles capable of handling larger copying projects and fewer service calls. The learning curve to use the new machines will be much shorter as the current machines have similar functionality. Also the transitional costs to change to the new machines will be greatly reduced with a cost avoidance of approximately $15,100. The Division of Purchase requests permission to enter into the above lease with Toshiba Business Solutions. Mr. Smith moved: That the above item be, and the above communication from the Division of Purchase, dated September 9, 2014, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to enter into a lease agreement with Toshiba Business Solutions for the lease of copies City -wide for a period of sixty (60) months. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF PARKING NO. 1865 REQUEST FOR AUTHORIZATION OF SUPPLEMENTAL PAYMENT TO DAVIEL TADUSZ Pursuant to Article XIII of the Collective Bargaining Agreement between the City of Buffalo and AFSCME Local 264, Employees who are absent from work because of injuries received in the service of the City and who receive compensation benefits may receive a supplemental sum equal to the difference between their wages and their compensation benefits for a maximum period of six (6) months, upon authorization and approval by the Common Council. The City agrees to recommend to the Common Council the payment of such wage differential. Daniel Tadusz currently holds the position of Parking Enforcement Officer with the City of Buffalo, and was injured during the course of his employment on 1/28/13. Mr. Tadusz was granted workers' compensation benefits for 76 days and subsequently returned to work on July 14, 2014. Based on the above, it is respectfully requested that your Honorable Body authorize payment to Mr. Tadusz in the amount of $1,214.33, which is the difference between the amount Mr. Tadusz received through workers' compensation benefits ($7,422.31) and the amount he would have received as his regular wages ($8,636.64) for the period of time he received workers' compensation benefits. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated September 9, 2014, be received and filed; The Common Council hereby authorizes the Commissioner of Parking to issue payment to Mr. Daniel Tadusz in the amount of $1,214.33, which represents the difference between the amount Mr. Tadusz received through Workers' Compensation benefits, and the amount he would have received at his regular wages for the period of time he received Workers' Compensation benefits. PASSED AYES 9, NOES 0 NO. 1866 APPOINT LABORER II (PERM)(INTER)(KANE) Certificate of Appointment Appointment effective 9/8/14 in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Permanent Appointment Intermediate Starting salary of $29,018 Donald F Kane, 217 McKinley Parkway, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 1867 BUDGET AMENDMENTS TO THE CONTRACT EXTENSION FOR CDBG FUNDED AGENCIES FOR CERTAIN "OTHER CDBG, ESG AND HOPWA SUBRECIPIENTS Prior Council Reference: Item No. 00031. April 29, 2014 Approval of 5 Month Contract Extension -CDBG. ESG and HOPWA Subrecipients The City of Buffalo Office of Contract Administration, Office of Community Services and Office of Strategic Planning received approval to grant a five month contract and budget extension for Community Development Block Grant (CDBG) and Housing for Persons with kids ( HOPWA) Subrecipients on April 29, 2014, amending the funding year end date from April 30, 2014 to September 30, 2014, and providing agencies an amount up to 40% of the Subrecipients 2013 -2014 funding amount. The amount for the extension approved by This Honorable Body was $956,990 In the initial approval of the extension amounts for all agencies, extension budget amounts for seven agencies were incorrectly calculated. Changes to the budgets, attached, will reallocate the City approved dollars and as a result of the Annual Action Plan amendment, will not result in any increase of requested City funds, due to the fact that unspent HOPWA and CDBG were identified and used to fund portions of agency extensions, totaling over $200,000. The Department of Community Services respectfully requests your Honorable Body: 1. Amend the budget amounts for the agencies in question, to correctly correspond with the 40% funding extension amount originally indicated and requested Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services, dated September 10, 2014, be receive and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services to enter into a budget amendment with the Community Development Block Grant ( "CDBG ") and Housing for Persons with AIDS ( "HOPWA ") subrecipients in an amount up to 40% of the subrecipients 2013 -2014 funding amount. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 1868 BD OF ETHICS MEETING MINUTES Minutes Wednesday, July 23, 2014 Members in Attendance: Douglas Coppola, James Magavern, Melissa Sanchez (on behalf of Tim Ball /Cavette Chambers), Gerald Chwalinski, Richard Sullivan, and Elizabeth Hamed. Excused: Eleanor Paterson. Guest: Mary H. Baldwin, Deputy City Clerk Quorum New Business: An advisory opinion was requested by Reden & O'Donnell, LLP, regarding David Martz & Jeremy Martz, Assessors with the Dept. of Assessment & Taxation regarding part time nights /weekend employment at Aurora Real Estate Appraisal Services. Richard shared his findings regarding Mr. Roger Pigeon and Mr. Jeremy Martz's work. Mr. Martz will be a subcontractor, not an employee, and will do clerical review work, no appraisals. He will review that all the boxes on the mortgage application are completed. Mr. Pigeon does no work with the City, he's off the vendor list, but has one pending case where he may need to testify for the City. Jim and Betsy to review the presented material and draft documents for BOE members. A subcommittee report will be finalized before the next meeting; Reden & O'Donnell, LLP to be updated with status and decision. Old Business: 1. Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Cavette will update this upon her August return. Approval of the June 18, 2014 minutes. Next meeting is scheduled for Tuesday, August 5, 2014. Meeting is adjourned. August 5, 2014 meeting was cancelled; new meeting date: September 9, 2014. RECEIVED AND FILED NO. 1869 BD OF ETHICS REQUEST OPINION FROM ROBERT REDDEN, ESQ Dear Mr. Reden: By letter dated April 30,2014 you have requested an opinion of the Board of Ethics as to whether your clients, David and Jeremy Martz, who are both employed as assessors by the City, may, consistent with the Buffalo Cede of Ethic— and Article 18 of the New York General Municipal Law ( "GML "), continue to work outside City hours and in relation to properties outside the City for Aurora Real Estate Appraisal Services, Inc., an appraisal firm recently organized by Roger Pigeon. Our understanding of the facts and issues presented are based on your letter and memorandum from Cavette A. Chambers, Assistant Corporation Counsel FACTS The essential facts, as we understand them, are as follows: 1. In 2007, David Matrz was hired as a full time staff assessor by the City's Department of Taxation and Assessment He was hired with express permission of the Commissioner of Assessment and Taxation to continue working for the appraisal firm of Emminger, Newton, Pigeon & Mayar, Inc. ( "ENPM "), provided that he did not work for ENPM during City hours or in relation to properties within the City, He has disclosed this outside employment in his annum disclosure statements since then. Both before and after David Martz was hired by the City, ENPM has been repeatedly engaged by the City as an expert appraiser in tax certiorari proceedings. 2. At some time thereafter David Martz's son, Jeremy Martz, was employed as an assessor by the City. 3. Sometime in 2013, Roger Pigeon left ENPM and started his own appraisal firm, known as Aurora Real Estate Appraisal Services, Inc. Thereafter, David Martz stopped working for ENPM and began working for Aurora. Again, this part -time work was outside City work hours and restricted to non -City property. 4. In March 2014, the City Law Department issued Requests for Proposals ( "RFP's ") for expert appraisal services in relation to two tax certiorari cases. One related to an area of the City within Jeremy Martz' scope of duties. Mr. Pigeon submitted a proposal for that assignment. On April 4, 2014, City officials consulted Jeremy Martz as to which proposal should be accepted. Jeremy Martz advised that he could not assist in the selection of the appraisal because he had begun to work for Mr. Pigeon (off City hours and on non -City property) the night before, Thursday, April 3, 2014. On April 8, 2014, Jeremy Martz filed a transactional disclosure form, reporting his part -time employment by Mr. Pigeon's firm. 5. The Commissioner of Assessment and Taxation initially gave Jeremy Martz permission to accept employment by Mr. Pigeon's firm (apparently before Mr. Martz accepted the employment). After considerable discussion among the parties and others, however, the Commissioner rescinded his permission on the ground that Jeremy Martz had not disclosed to him that he, Mr. Martz, had been advised by his union president not to accept the employment. 6. Mr. Pigeon has asked to have his firm removed from the City's vendor list and stated that he will not accept future assignments from the City. APPLICABLE LEGAL STANDARDS. Conflicts of interest and ethical conduct of officers and employees of the City of Buffalo are governed by both Article 18 of the New York General Municipal Law ( "GML ") and the Code of Ethics of the City of Buffalo. They overlap to a considerable degree, but each requires compliance on its own. We shall address the application of each in turn. A. Article 18 of the General Municipal Law GML Section 800, par. 3 provides that a municipal officer or employee shall be deemed to have an interest in the contract of a corporation of which he or she is an employee. GML Section 801 provides in relevant part: §801. Conflicts of interest prohibited, Except as provided in section sight hundred two of this chapter, (1) no municipal officer or employee, shall have an interest in any contract with the municipality of which he is an officer or employee, when such officer or employee, individually or as a member of aboard, has the power or duty to (a) negotiate, prepare, authorize or approve the contract or authorize or approve payment there under (b) audit bills or claims under the contract, or (c) appoint an officer or employee who has any of the powers or duties set forth above .... Since it does not appear that either David or Jeremy Martz had any of the three powers or duties that would trigger its application, this prohibition does not apply to the present case. Moreover, GML Section 802, par. 1, subpar, b, identifies as an exception to the prohibition of Section 801: b. A contrast with a person, firm, corporation or association in which a municipal officer or employee has an interest which is prohibited solely by reason of employment as as officer or employee thereof, if the remuneration of such employment will not be directly affected as a result of such contrast and the duties of such employment do not directly involve the procurement, preparation or performance of any part of such contract; Even if GML Section 801 were otherwise applicable, it would appear that the present case would fall within this exception. Ms. Chambers points out that as a consequence of David and Jeremy Martz's acceptance of employment by Mr. Pigeon's firm, the City has been deprived of Mr. Pigeon's services. Within the contemplation of GML Article 18 and the Code of Ethics, however, that is an acceptable consequence, reflecting the statutory balance of the competing interest of the municipality in a wide pool of vendors, the employee in outside economic opportunities, and the public in the integrity of its government, if the City wishes to prohibit outside employment that might have that effect, it would be necessary to establish that as a lawful condition of employment by the City. In our opinion, neither David nor Jeremy Martz has a prohibited interest in the City's contract with Mr. Pigeon's firm, and the contract is therefore not void under Article 18 of the General Municipal Law. B. The Buffalo Code of Ethics Section 12 -11, subd. A of the Buffalo Code of Ethics provides in relevant part: A. No city officer or employee shall directly or indirect solicit, accept or receive any gift or financial benefit from or on behalf of any person or organization that has pending or is known by such city office or employee to be considering or has had pending within the prior 12 months any financial or regulatory transaction with any city agency in which he or she serves or over which he or she has any jurisdiction or appointing power. For purposes of this code, a "gift or financial benefit" shall include money, service, loan, travel, entertainment, hospitality or any financial transaction on terms not available to the general public... (emphasis added) Section 12 -12 of the Buffalo Code of Ethics provides: §12 -12. Future Employment No city officer or employee shall solicit, negotiate for or promise to accept employment by any person, firm or corporation with which he or she or his or her agency is engaged on behalf of the city in the transaction of business or which is or may be affected by his or her official action. (emphasis added) In general terms, the purpose of those provisions is to assure against bias or the appearance of bias in favor of an entity doing business with a city agency by reason of gifts to or financial transactions with ( §12- 12.A), or employment of officers or employees of(§ 12 -12), that agency. The prohibition does not depend upon a showing of actual bias. It is designed to preclude bias or the appearance of bias, under circumstances in which bias is a risk even in the absence of evidence of actual bias. The continuation by David Martz of his employment by ENPM, an ongoing City vendor of services, after his employment by the City, and the continuation of his employment by Mr. Pigeon's firm when it became engaged in business with the City, were in our opinion a violation of Section 12 -I 1, subd. A, and perhaps -- if to "accept' employment" includes acceptance of continuing employment or if David Martz was hired and pad by BNPM for a series of separate assignments, and thus involved in a series of repeated employments - a violation of Section 12 -12 as well. The acceptance by Jeremy Martz of employment by Mr. Pigeon's firm at a time when the latter was engaged in business with the City was in our opinion in violation of Section 12 -11, subd. A and Section 12 -12. These violations were plainly inadvertent -- both on the part of David and Jeremy Martz and on the part of the City officers involved. The employment of David Martz by ENPM, and we assume by Mr. Pigeon's firm, and the employment of Jeremy Martz by Mr. Pigeon's firm were disclosed in filed disclosure statements, There is no reason to believe that the violations influenced the selection of ENPM or of Mr. Pigeon's firm. When confronted with an imminent actual conflict of interests in regard to the selection of Mr. Pigeon's film for a pending tax certiorari proceeding, Jeremy Martz promptly recused himself. The City officials and David and Jeremy Martz, and Mr. Pigeon then moved promptly to resolve the issues. Given Mr. Pigeon's withdrawal from the City's vendor list, the violations are not continuing. As noted above, the withdrawal of a potential vendor to avoid a conflict of interest or other violation of ethical standards cannot itself create a violation; it is a natural consequence of those standards as formulated by Article 18 of the General Municipal Law and the Buffalo Code of Ethics. CONCLUSION In our opinion there was, in the ease presented to us, no violation of Article 18 of the General Municipal Law. There were violations by both City officials and David and Jeremy Martz of the Buffalo Code of Ethics. Those violations, however, were inadvertent and will not be repeated. David and Jeremy Martz may properly continue to wor for Mr. Pigeon's firm provided that such work is not performed during City hours and does not relate to properties in the City, Very truly yours, BOARD OF ETHICS 0x61:11D /AIN- No. 1870 APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA(9 /18/14)(ELL) DOWNTOWN ENTERTAINMENT REVIEW DISTRICT Tavern event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant Kevin Nightingale O.M. (Bottoms UP) Business Address 69 W. Chippewa St. Name of Event Back to School Party Is this a one -time event? Yes Date of one -time event 9/18/2014 Number of people anticipated to attend 100 -150 Start time and end time of event start 10 pm end 3 am Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received mad 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 September 18, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO.1871 APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA(9 /25/14)(ELL) DOWNTOWN ENTERTAINMENT REVIEW DISTRICT Tavern event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant Kevin Nightingale O.M. (Bottoms UP) Business Address 69 W. Chippewa St. Name of Event Summer Finale Party Is this a one -time event? Yes Date of one -time event 9/25/2014 Number of people anticipated to attend 100 -150 Start time and end time of event start 10 pm end 3 am 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 September 25, 2014 is hereby denied. DENIED AYES 9, NOES 0 No. 1872 APPLICATION -FOR RESTRICTED USE PERMIT 69 W CHIPPEWA(10 /16/2014) 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 October 16, 2014 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1873 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division &Alcohol Beverage Control Board Address Business Name Owner's Name 120 West Tupper Personal Touch Food Ser David Cervi 837 Niagara Niagara Seafood Inc Michael Nouyen 160 Court St Buffalo Heritage House Marzena Wisniewski RECEIVED AND FILED NO. 1874 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- Nicholas Conrad, Linda McDonald. Susan Forero, Deborah Daniel Elizabeth Clark RECEIVED AND FILED. NO. 1875 APPOINT LEGISLATIVE ASSISTANT - COMMON COUNCIL STAFF Appointment effective 09/15/2014 in the Department of Common Council, Division of Council Staff to the Position of Legislative Assistant at the Flat Salary of $41,163.00 Siobhan Gould, 3 Willink Avenue, Buffalo, NY 14210 ADOPTED NO. 1876 NOTICES OF APPOINTMENTS - COUNCIL INTEMS 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 September 5, 2014 in the Department of Common Council, Division of University District to the position of Intern IX at the flat salary of $12.66/hr Taisha St. Jean, 494 Ontario St, Buffalo, NY 14207 NO. 1877 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 09/02/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer 11, Seasonal at the flat rate of $12.66/hr Carmen Mambrino, 229 Hampshire St, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 09/09/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer 11, Seasonal at the flat rate of $12.66/hr James Wojcik Sr, 152 East St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 09/15/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer 11, Seasonal at the flat rate of $12.66/hr Joel Lucca Cordero, 116 Norman Ave, Buffalo, NY 14210 NO. 1878 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 04/08/2014 in the Department of Fire, Division of Fire to the Position of Senior Emergency Services Fire Dispatcher, Permanent at the minimum salary of $46538.00 Andre Farrow, 234 Woltz Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 09/05/2014 in the Department of Administration, Finance and Urban Affairs , Division of Treasury to the Position of Teller, Provisional at the minimum salary of $33,303.00 Veronica Gerald, 57 Pauline St, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 09/08/2014 in the Department of Mayor, Division of Citizen Services to the Position of Coordinator of Anti - Graffiti & Clean City Program, Provisional at the minimum salary of $46,386.00 Wilmer Olivencia, 712 Prospect Ave, Buffalo, NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NOTICE OF ANNUAL PUBLIC HEARINGS NO. 1879 N. BOYD- CONCERNS NEW EQUIPMENT AND THE APOLLO Item available for review in The City Clerk's Office REFERRED TO THE DIVISION OF TELECOMMUNICATIONS NO. 1880 EC SENIOR SERVICES - PUBLIC COMMENTS FOR PROGRAMS AND SERVICES FOR OLDER ADULTS The Department of Senior Services, Area Agency on Aging, is seeking public comment on 2015 draft plans for programs and services for older adults in Erie County. The Public Hearings will be held at the following sites on the dates listed below: Commissioner Randy Hoak encourages all Erie County residents to attend and comment on programs they've participated in as well as plans for programs and services planned for 2015. Service Providers, Elected and Public Officials are encouraged to give public comment on the service plans, and on the emerging needs facing Erie County in light of changing demographics today and in the years ahead. A summary of the proposed plans will be available September 24 online at: www2 /erie.gov /seniorservices, at the Hearings, or by calling 858 -7532. For further information, to inquire about transportation, or to register to speak, please call 858 -7532. For those unable to attend, written comments are welcome and accepted until November 15, 2014. Send your comments to: Senior Services Public Hearing, 95 Franklin St, Buffalo NY 14202, or by email to seniorinfo(aerie.gov. RECEIVED AND FILED NO. 1881 LP CIMINELLI BOARD PACKET DOCUMENTS -SEPT 2014 MEMORANDUM Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 8, 2014: I. Agenda 2. Meeting Minutes from JSCB Meeting dated August 4, 2014 3. Phase III Application and Certificate for Payment No. 66 - July 2014 4. Phase V Application and Certificate for Payment No. 54 - July 2014 5. Phase III Application and Certificate for Payment No. 67 - August 2014 6. Phase V Application and Certificate for Payment No. 55 - August 2014 7, JSCB Wrap Up 8. Program Packaging and Development Services (PPDS) Provider Update 9. Compliance & Administrative Services of New York Compliance Monitoring Monthly Report for Phase V Final Closeout Projects - August 2014 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase HI Change Order #1 July 2014 Copy available for review in The City Clerk's Office RECEIVED AND FILED NO. 1882 MARINE DRIVE RESIDENT COUNCIL - CONCERNS QUALITY OF LIFE ISSUES Marine Drive Resident Council 7 Marine Drive Buffalo, NY 14202 Dear Ms. Dawn Sanders Garrett, On behalf of the Marine Drive Resident Council we are in receipt of the attached letter which has prompted this correspondence from the residents. A copy for your review is enclosed. We find it concerning that the quality of life issues continue to deteriorate from the mismanagement of the Buffalo Municipal Housing Authority. Over the past three years, under the management of the BMHA, the following steady decline and deterioration has occurred: 1.) Full time management has been replaced with {when her schedule does not conflict vacation or BMHA scheduled in- service meetings) part time 2 Y2 days per week. The office staff on duty cannot make any decisions without the managers input. Lease enforcement is an on -going problem. 2.) Part time maintenance personnel. Problems in many apartments have not been addressed including hazardous asbestos issues. 3.) Less than part time custodial staff for 7 high rise buildings. Residents are trying to upkeep the lobbies and their floors as best they can without professional cleaning equipment. 4.1 Lack of any supervision for reduced custodial staff. 5.) Insufficient grounds staff for lawn care and snow plowing. 6.) Elimination of monthly extermination contract which has allowed for the infestation of rats, roaches and bed bugs so severe that the garbage removal staff needs protective clothing. 7.) Sewage backup and odor in several buildings. 8.) Lack of detailed background checks have led to serious problem tenants. 9.) As of today's date, the reduction of our security staff from 24 hours per day to the hours of 4 PM to 12:00 AM, 8 hours per day. The nighttime hours from 12:00 midnight until daylight the following day are when most of the vandalism in the parking lot and around the complex are the most prevalent. Also non - residents have rushed residents to gain access to the buildings when residents are trying to enter their buildings. There will be no time to call 911, as the flyer suggests, to stop this activity and to prevent our residents from serious injury or worse. The above items are just some of the negative events since the Housing Authority has replaced the two previous private managers that they themselves contracted to manage Marine Drive. In the past the Marine Drive Housing Development has always managed to fund the complete operations including security from the rental income of the residents. There has been no financial accountability by the Housing Authority staff to the residents of Marine Drive. Because of the complete lack of transparency BMHA has been unwilling to explain budgetary cuts to essential services and now our security services. In fact, prior to the private management companies hired by BMHA and BMHA themselves, we had two security guards on the evening shifts. Our concern now is that a further cut in security service will mean an increase in crime and vandalism that will affect the Marine Drive Residents. There are still events taking place at Canalside throughout the winter months that attract people from all over WNY. There have been numerous problems that have affected Marine Drive from the spring and summer events. Calling 911 during • these events is useless. Our Resident Council has determined that should the reduction in our security service continue we are prepared to pass a resolution recommending to the full. Marine Drive Resident Association that we initiate a rent strike beginning October I, 2024 unless our security is restored to full strength. Prior to any action the Marine Drive Resident Council is prepared to participate in several informational pickets at various locations including Canalside. We will be available to meet with any or all concerned parties to discuss the future of Marine Drive. Respectfully, Resident Council Members REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1883 J. MASCIA- CONCERNS INCREASED ACTIVITY AT CANALSIDE Council President Pridgen, This past summer has seen quite an increase in activity at canalside. This has been both a positive and a negative experience for those of us who reside on the waterfront. The events, unfortunately, in addition to their positive factors have also brought along with it a dramatic increase in traffic, noise that is far above the legal levels, loitering on our Marine Drive property, vandalism along with public urination and defecation on our property. The development of both the new canals and the Harbor Center will most certainly add to the intensity of the already existing problems. Congressman Higgins suggested that I send a letter to Tom Dee of the Canal Corporation along with a proposal that a panel or committee be comprised of both Marine Drive and Waterfront residents, representatives of the Erie Canal Development Corp., the Buffalo Police Department, Global Spectrum and the Naval Park to discuss these issues of concern for the 2015 Canalside season. I will submit a letter to the City Clerk so the Council may draft a resolution to form such a committee or panel that will meet over the winter to prepare everyone for the 2015 events. Thank you for your consideration regarding this matter. I can be reached at (716) 289 -9861 or bflojloo_roadrunner.com. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1884 J. NOWAK- LETTER TO LACKAWANNA COUNCIL RE BETHLEHEM WATERFRONT PK PROJ My name is John Nowak, I live at 140 Leonard Street and am a life time citizen of the City of Lackawanna. I'm requesting the council may take under advisement the prospectus "Bethlehem Waterfront Park Project" and during the next council meeting to permit me to speak briefly about a design layout shown in a graphical display and answer perhaps any questions. I ask that the city council would take under advisement, to support the director of development Mr. Fred Heinle, to distribute the prospectus to prospective developers, State & Federal officials for additional potential funding, the New York State commission deciding a potential new location for the Buffalo Bill's Stadium, and any Other parties of interest. This to gauge the viability of the project going forward for the betterment of the city and it's citizens. Sincerely John Jerome Nowak RECEIVED AND FILED PETITIONS NO. 1885 M HENGER, AGENT, USE 2161 SENECA TO ALTER AN EXISTING TAVERN FOR A SOUP KITCHEN IN THE SPECIAL ZONING DISTRICT (SOUTH)(HRG 09/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1886 G. SCHOLAND, AGENT, REZONE 903 ELLICOTT, 150 NORTH & 1100 MICHIGAN FROM R3, M1 AND C1 TO CM (ELL)(HRG 09/30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1887 APPOINT DIRECTOR OF PLANNING(EXEMPT)(MARERO)(STRAT PLAN) CCP# 14,1702 09/09 Mr. Wyatt moved: That the above item be the same and hereby is Received and Fried ADOPTED NO. 1888 APPOINT ASSISTANT TO ASSESSOR (PROV)(FOURTH STEP)(CAUFIELD)(ASMT) CCP# 1708 14 -09/02 Mr. Wyatt moved: That Communication 1708 of Sept 2, 2014, be received and filed and that the Provisional Appointment of Mary Caufield, 84 Shennandoah Road. Buffalo. NY 14220 at the Fourth Step of $34,268.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1889 APPOINT POLICE CAPTAIN (PERM)(LARK, MULLEN)(POL) CCP# 1734 14 -09/02 Mr. Wyatt moved: That Communication 1734 of Sept 2, 2014, be received and filed and that the Permanent Appointment of Barbara Lark, 3761 Trails End Lane, Wheatfield, NY 14120 and Paul K. Mullen, 28 Coolidge Road, Buffalo, NY 14220 at the Flat Salary of 85, 672.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1890 APPOINT POLICE LIEUTENANT(PERM)(MANLEY)(POL) CCP# 1735 14 -09/02 Mr. Wyatt moved: That Communication 1735 of Sept 2, 2014, be received and filed and that the Permanent Appointment of Richard P. Manley, 34 Dundee St, Buffalo NY 14120 at the Flat Salary of $75,526.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1891 APPOINT POLICE LIEUTENANTS(CONT PERM)(MARASCHIELLO, WALKER, ZIPP, WILLIAMS, ENGLISH)(POL) CCP# 1736 14 -09/02 Mr. Wyatt moved: That Communication 1736 of Sept 2, 2014, be received and filed and that the Contingent Permanent Appointments of Shellie L. Maraschiello, 14 Daughlin Drive, Williamsville, NY 14221, Michael R. Walker, 15 Wedgewood Drive, West Seneca, NY 14224, Stephen W. Zipp, 3497 Heathenwood Drive, Hamburg, NY 14075, Darryl D. Williams, 62 Hertel Avenue, Buffalo, NY 14215, Thomas P. English, 4878 John Michael Way, Hamburg, NY 14075 PASSED AYES -9 NOES -0 NO. 1892 APPOINT DETECTIVES(PERM)(STEPHANY, NUNAN, WHITE, MAOLLA, PLEZKA)(POL) CCP# 1737 14 -09/02 Mr. Wyatt moved: That Communication 1737 of Sept 2, 2014, be received and filed and that the Permanent Appointments of Adam J. Stephany, 417 Woodside Avenue, Williamsville, NY 14220, Thomas D. Ntman, 214 Tudor Blvd, West Seneca, NY 14220, Marc C. White, 101 Brookside Drive, West Seneca, NY 14224, Michael Maolla, 282 Washington Hwy, Snyder, NY 14226, Christopher D. Piezka, 180 Hollywood Avenue, Buffalo, NY 14220 at the Flat Salary of $68,230.00 is hereby approved PASSED AYES -9 NOES -0 NO. 1893 APPOINT DETECTIVE(TEMP)(HARRIS)(POL) CCP# 1738,14-09/02 Mr. Wyatt moved That communication 1893 of Sept 2, 2014 be received and filed and that the temporary Appointment of Pamela J. Harris, 128 Manhattan, Buffalo, NY 14215 at the flat salary of $68,230.00 is hereby approved PASSED AYES - 9 NOES - 0 NO. 1894 APPOINT POLICE OFFICERS(PERM)(TRIPP, MCDANIELS, WILLIAMS, TIRADO, REEVES JR, MOFFETT, OREFICE, BEYERS, HUNTER, GANLEY, THREATS, GARLAND, PERILLO, STUTZ, CRESPO, MCCABE, RICE, GODIOS, TAYLOR, TORGALSKI)POL) CCP# 1739,14-09/02 Mr. Wyatt moved: That Communication 1739 of Sept 2, 2014, be received and filed and that the Permanent Appointments of Brian Tripp, 53 Hansen Avenue, Buffalo, NY 14220, Vivian McDaniels, 146 FisherAve, Buffalo, NY 14215, Zachary Williams, 164 Eden Streetl Buffalo, NY 14220, Omar Tirade, 189 Oneida Street; Buffalo, NY 14206, Lamar Reeves Jr., 372 Norfolk Avenue, Buffalo, NY 14215, Courtney Moffett, 60 Tuscarora Road, Buffalo, NY 14220, Christopher Orefice, 101 Pierce Street, Buffalo, N4 14206, Laura Beyers, 38 Minnetonka Road, Buffalo, NY 14220, Anquela Hunter, 518 East Amherst Street, Buffalo, NY 14215, Luke Ganley, 53 Dash street, Buffalo, NY 14220, Adrienne Threats, 77 Northampton Street, Buffalo, NY 14209, Tiffany Gadans, 59 Urban Street, Buffalo, NY 14211, Lisa Perillo, 675 Delaware Street # 102, Buffalo, NY 14209, Jennifer Stutz, 52 Shenandoah Road, Buffalo, NY 14220, Ryan Crespo, 491 Colvin Ave, Buffalo, NY 14216, Shawn McCabe, 24 Alleghany Street, Buffalo, NY 14220, Calvin Rice, 203 Hoyt Street, Buffalo, NY 14213, Sean Godios, 84 Stevenson Street, Buffalo, NY 14220, Dennis Taylor, 36 Commonwealth Avenue, Buffalo, NY 14216, Aaron Torgalski, 124 Carlyle Avenue, Buffalo, NY 14220 at the minimum salary of $50,373.00 is hereby approved PASSED AYES -9 NOES -0 NO. 1895 CONTRACT EXTENSION - BACKGROUND INVESTIGATIONS FOR POLICE DEPARTMENT CANDIDATES (HR) Mr. Smith moved: That the above item be, and the above communication from the Acting Commissioner of the Department of Human Resources, dated August 15, 2014, be received and filed; and That the Common Council hereby authorizes the Acting Commissioner of the Department of Human Resources to enter into a retroactive thirteen (13) month contract extension with Inquiries, Inc. to provide pre - employment background screening to Buffalo Police Department applicants who were tendered a conditional offer of employment. PASSED AYES — 9 NOES - 0 NO. 1896 NOTICES OF APPOIMMENTS- TEMP /PROV /PERM(CTY CLK) CCP# 14,176109/09 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 1897 ABANDONMENT AND SALE OF A PORTION OF JEFFERSON AVENUE RIGHT -OF -WAY TO SENECA HAMBURG (FILL)(STRAT PLAN) (ITEM NO. 1690 C.C.P., SEPT. 2, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to abandon and sell a portion of the Jefferson Avenue right -of -way to Seneca Hamburg, LLC, and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC; and That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the deed in order to effectuate the transfer of title of the portion &Jefferson Avenue, such deed to be in form and substance acceptable to the Corporation Counsel's Office and to include standard indemnity and release as to all site and environmental conditions; and that the Common Council hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the deed conveyance and easement agreements and arrangements; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and action and to execute and /or develop, negotiate and process the necessary documents, agreements and JDr modifications thereto as shall be reasonably necessary to facilitate and implement the reserved easements within the sale the property (and easement interests near the sale property) for the benefit of the City (and for the benefit of the pertinent associated utilities and other persons /entities where appropriate such as, but not limited to, the Buffalo Water Board, etc.) all as determined to be appropriate by the Corporation Counsel. PASSED AYES 9, NOES 0 NO. 1898 REPORT OF SALE - 1532 GENESEE (FILL)(STRAT PLAN) (ITEM NO. 1694, C.C.P., SEPT. 2, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Abdulqawi A. Abbadi, d /b /a A and Z Fashions, 31 Bauman Road, Williamsville, New York 14221 in the amount of Eighteen Thousand Seven Hundred Dollars ($18,700.00) for the purchase of 1532 Genesee be and hereby is accepted; and That the transfer tax, recording fees and Cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1899 SEQR- POSITIVE DECLARATION - 3 GATES CIRCLE (ELL) (ITEM NO. 1778, C.C.P., SEPT. 2, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council does hereby adopt the Positive Declaration for Gates Circle Redevelopment at 2 Gates Circle, Buffalo, New York, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. PASSED AYES 9, NOES 0 NO. 1900 APPROVAL OF ABANDONMENT AND SALE OF A PORTION OF JEFFERSON TO SENECA HAMBURG (FILL)(STAT PLAN) (ITEM NO. 1811, C.C.P., SEPT. 2, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, in accordance with Article 27, Section 27 -5 of the City Charter, to abandon and sell a 50' x 99' portion of the Jefferson Avenue right -of -way to Seneca Hamburg, LLC, and /or a corporation, partnership or other legal entity to be designated by Seneca Hamburg, LLC, and approved by the Office of Strategic Planning in the amount of Nine Thousand Nine Hundred Dollars ($9,900.00). Seneca Hamburg, LLC and /or a corporation, partnership or other legal entity to be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning has also agreed to pay for all costs associated with the abandonment and sale and transfer of title, including, but not limited to, transfer tax, recording fees and cost to file the deed and any other necessary easements. That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the deed in order to effectuate transfer of title of the portion of Jefferson Avenue; and the Common Council hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the deed conveyance and easement agreements and arrangements; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute or develop, negotiate and process the necessary documents, agreements and /or modifications thereto as shall be reasonably necessary to facilitate and implement the reserved easements with the sale property (and easement interests near the sale property) for the benefit of the City (and for the benefit of the pertinent associated utilities and other persons /entities where appropriate, such as, but not limited to, the Buffalo Water Board) all as are determined to be appropriate by the Corporation Counsel. PASSED AYES 9, NOES 0 NO. 1901 ADJUSTMENTS TO BOA CONTRACTS OF URBAN STRATEGIES AND CAMIROS (STRAT PLAN) (ITEM NO. 1532, C.C.P., JULY 22, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to make all the necessary adjustments, modifications or amendments to the contracts of Urban Strategies and Camiros, the contractors selected for consultant work under three New York State Department of State Brownfield Opportunities Area grants; and that the .Common Council hereby authorizes appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on- going objectives of the project. PASSED AYES 9, NOES 0 NO. 1902 REPORT OF SALE - 226, 232, 236, AND 238 HIGH (FILL)(STRAT PLAN) (ITEM NO. 1533, C.C.P., JULY 22, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Ms. Daria L. Pratcher, PC, Attorney, on behalf of St. John Fruit Belt Community Center Development Corporation (hereinafter referred to as "Developer "), 184 Goodell Street, Buffalo, New York 14204 in the amount of One Hundred Sixty -Two Thousand Dollars ($162,000.00) for the purchase of 226, 232, 236, and 238 High Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1903 REPORT OF CDBG FUNDS AS OF MAY 31, 2014 (C.C.P #14 -1217, JUNE 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1904 M. DARNICO- CONCERNS HOW TO ADULT LEAGUES ARE FORMED IN COB (C.C.P #14 -914, APR 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1905 C. TARR- CONCERNS REGIONAL COLLEGIATE TOWN & GOWN PROCEDURES & CREATION OF A COMMUNITY CIVIL COURT IN BUFFALO (C.C.P #14 -917, APR 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1906 C. TARR- CONCERNS -LONG TERM CONTROL PLAN -BSA (C.C.P #14 -918, APT 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1907 DEDICATE SALE FUNDS TO KING URBAN LIFE CENTER BOARD FOR REDEVELOPMENT & LOSS OF REVENUE(EXC 2 ND RES)(FRANCZYK) (C.C.P #14 -963, APR 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1908 J. GOLOMBEK- ARTICLE HIGGINS COMMENTS ON START OF PEACE BRIDGE INSPECTION PILOT (C.C.P #14 -195, FEB 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1909 J. GOLOMBEK- REQUEST INDIVIDUALS TO ATTEND A SPECIAL CD MEETING RE PEACE BRIDGE (C.C.P #14 -196, FEB 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1910 J. GOLOMBEK- RESTART FEDERAL INTER - AGENCY ENVIRONMENTAL JUSTICE INVESTIGATION FOR BUFFALO'S WEST SIDE (C.C.P #14 -197, FEB 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1911 REQ INVESTIGATION BY WHITE HOUSE COUNCIL INTO ENVIRONMENTAL REVIEW PROCESS UNDERTAKEN FOR PEACE BRIDGE RELATED PROJECTS(GOLOMBEK) (C.C.P #14 -225, FEB 4) (C.C.P. 14- 38,1/7)(C.C.P. 14- 130,1/21) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1912 K. MECCA -REQ PUBLIC COMMENT DEADLINE EXTENSION FOR NY GATEWAY CONNECTIONS (C.C.P #14 -116, JAN21) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1913 J. MONTOUR- DORMITORY, NYC URBAN PLANNING AND BRIDGE AUTHORITIES (C.C.P #14 -118, JAN 21) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1914 T. DEE- CANALSIDE MODIFIED GENERAL PROJECT PLAN AMENDMENT (C.C.P #13 -53, NOV 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1915 D. RIDER -CSX KATHERINE STREET LEAD (C.C.P. #12 -51, NOV 13) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1916 BISHOP L. BOYD- CONTINUED SIDEWALK REPLACEMENT (C.C.P. #12 -41, APR 3) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 1917 A. SUMLIN, OWNER, TO USE 976 ELMWOOD FOR A SIT -IN RESTAURANT WITH AN OUTDOOR CAFE (DEL)(DPIS)(ITEM NO. 1781, C.C.P., SEPT. 2, 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 A. Sumlin, Owner, to reestablish use of a sit -in restaurant with an outdoor cafe located at 976 Elmwood upon the following conditions: The conditions set forth by the Planning Board PASSED AYES 9, NOES 0 NO. 1918 M. LE, OWNER, TO USE 520 ELMWOOD TO OPEN AN EXISTING RESTAURANT IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (NIA)(DPIS) (ITEM NO. 1782, C.C.P., SEPT. 2, 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 M. Le, Owner, to open an existing restaurant under new management located at 520 Elmwood in the Elmwood Avenue Special Zoning District. PASSED AYES 9, NOES 0 NO. 1919 D. BOERGERS, AGENT, TO USE 25 DEPOT TO ERECT A V- SHAPED GROUND SIGN (FILL) (ITEM NO. 1784, C.C.P., SEPT. 2, 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 D. Boergers, Agent, to erect an 8'x 10' w shaped ground sign 76" above grade within the front property line of a one story masonry and steel manufacturing building in a M -2 Zoning District, located at 25 Depot. PASSED AYES 9, NOES 0 NO. 1920 A. ALI, OWNER, TO USE 1000 ELMWOOD FOR CONVERSION OF A BANK TO A RETAIL STORE WITH TAKEOUT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 1799, C.C.P., SEPT. 2, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council With a recommendation for approval; That pursuant to Section 511 -56D( 1 ) of the City of Buffalo Code, the Common Council hereby approves the application of A. Ali, Owner, to convert a bank to a retail store with takeout located at 1000 Elmwood in the Elmwood Avenue Business District upon the following conditions: No Lottery Sales PASSED AYES 9, NOES 0 NO. 1921 FOOD STORE LICENSE (NEW) - 179 MILITARY (NORTH)(DPIS) (ITEM NO. 1577, C.C.P., JULY 22, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Tekeste Bekele d /b /a S &M Market located at 179 Military with the following conditions: Hours of Operation shall be 6am to 11 pm Sunday- Thursday and Midnight Friday and Saturday Must have working security cameras inside and outside of the store and must make tapes available upon request "No Loitering" signs to be posted and enforced by store employees No spray painted /hand painted or air - brushed signage or graphics on the building Must have and maintain trash receptacles outside of the store No outwardly visible signage advertising tobacco, gambling (lottery), alcohol No selling of loose items, cigarettes, diapers, etc... No payphones outside of the store No blocking of windows All mechanical equipment must be in working order Any broken widows must be repaired within 48 hours No smoking in the building Any graffiti must be removed within 72 hours No vehicles parked on the sidewalk PASSED AYES 9, NOES 0 NO. 1922 FOOD STORE LICENSE (NEW) - 500 ONTARIO (NORTH)(DPIS) (ITEM NO. 1459, C.C.P., JULY 8, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Rojin Jassim d /b /a Ontario Best Value located at 500 Ontario. Conditions HOURS OF OPERATION SHALL BE: 6AM TO 11 PM SUNDAY- THURSDAYAND 6AM - MIDNIGHT FRIDAYAND SATURDAY MUST HAVE WORKING SECURITY CAMERAS INSIDE AND OUTSIDE OFTHE STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST "NO LOITERING" SIGNS TO BE POSTED AND ENFORCED BY STORE EMPLOYEES. NO SPRAY PAINTED /HAND PAINTED OR AIR - BRUSHED SIGNAGE OR GRAPHICS ON THE BUILDING MUST HAVE AND MAINTAIN TRASH RECETABLES OUTSIDE OF THE STORE NO OUTWARDLY VISIBLE SIGNAGE ADVERTISING TOBACCO, GAMBLING (LOTTERY), ALCOHOL NO SELLING OF LOOSE ITEMS, CIGARETTES, DIAPERS, ETC... NO PAYPHONES OUTSIDE OFTHE STORE NO BLOCKING OF WIDOWS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER ANY BROKEN WIDOWS MUST BE REPAIRED WITHIN 48 HOURS NO SMOKING IN THE BUILDING ANY GRAFFITI MUST BE REMOVED WITHIN 72 HOURS NO VEHICLES PARKED ON THE SIDEWALK PASSED W/ CONDITIONS AYES 9, NOES 0 NO. 1923 SCRAP PROCESSOR - 482 HOWARD (FILL) (DPIS) ITEM NO. 1461, C.C.P., JULY 8, 2014) Mr. Scanlon moved: That the above item be, and the above same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of the Department of Permits & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to Thomas Homme d /b /a Thomas Homme Contracting Corp., located at 482 Howard. PASSED AYES 9, NOES 0 NO. 1924 WHOLESALE JUNK DEALER - 482 HOWARD (FILL) (EDPI) (ITEM NO. 1462, C.C.P., JULY 8, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Thomas Homme d /b /a Thomas Homme Contracting Corp., located at 482 Howard. PASSED AYES 9, NOES 0 NO. 1925 K. MACKIEWICZ, OWNER, TO USE 191 ALLEN TO CREATE AN ADDITIONAL PATIO AREA (FILL)(DPIS) (ITEM NO. 1487, C.C.P., JULY 8, 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 K. Mackiewicz, Owner, to create an additional patio area on a concrete terrace on neighboring property, and to add a handrail and guardrail to the terrace and terrace steps, located at 191 Allen with the following conditions: 1. Follow conditions approved by City Planning Board 2. Remove string of electrical lights from over property at 105 Elmwood Avenue 3. No outside music 4. Hours of operations for outside patio 4:00 pm to 10:00 pm Monday through Thursday and 4:00 pm to 12:00 am Friday and Saturday PASSED. AYES — 9 NOES - 0 NO. 1926 FOOD STORE LICENSE (NEW) - 325 NIAGARA (FILL)(DPIS) (ITEM NO. 1354, C.C.P., JUNE 24, 2014) Mr. Scanlon moved: That the above item be, and the sane hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter. 194 of the City Code to issue a Food Store License to Redhwan Hussein d /b /a 190 Express Deli located at 325 Niagara upon the following conditions: PASSED AYES — 9 NOES — 0 NO. 1927 T. BRIATICO, RA, AGENT TO USE 1064 SYCAMORE FOR A VESTIBULE AND STAIRS WITHIN CITY RIGHT -OF- WAY (FILL)(DPW) Mr. Scanlon moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 10, 2014, be received and filed; and That the Common Council hereby approves the application of T. Briatico, RA, Agent, to encroach on the City right -of way to install a wind vestibule to the west side of a 2.5 story frame mixed -use building, at the stairway entrance to a second floor dwelling located at 1064 Sycamore. PASSED AYES — 9 NOES - 0 RESOLUTIONS NO. 1928 BY: MR. FONTANA 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 November16, 2014. Michael Kearns ADOPTED. NO. 1929 BY: RICHARD A. FONTANA BOND RESOLUTION NORTH BUFFALO RAILS TO TRAILS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $428,000 General Improvement Bonds of said City, to finance the local share of the cost of construction of a 6,850 foot long and 12 foot wide multi -use recreational trail along the Niagara Frontier Transportation Authority's Tonawanda Right of Way and also upon certain City -owned properties from the LaSalle Metrorail Station on Main Street to Kenmore Avenue in the City, at the estimated maximum cost of $1,332,000, and authorizing $904,000 expected to be received from the United States of America and /or the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Twenty -Eight Thousand Dollars ($428,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law ")', to finance the local share cost of construction of a 6,850 foot long and 12 foot wide multi -use recreational trail along the Niagara Frontier Transportation Authority's Tonawanda Right of Way and also upon certain City -owned properties from the LaSalle Metrorail Station on Main Street to Kenmore Avenue in the City, including asphalt surface, crushed stone sub -base and guide railing, landscaping, lighting, and signage pursuant to the Agreement between the Niagara Frontier Transportation Authority and the City dated July 29, 2014 and [filed in the Erie County Clerk's Office on August 15, 2014]. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,332,000 as set forth in the duly adopted 2014 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $904,000 expected to be received from the United States of America and /or the State of New York towards the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Engineering, "North Buffalo Rails to Trails - 2014 ", Bond Authorization Account No. 3000 -31, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $428,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution Introduced: PASSED AYES — 9 NOES — 0 NO. 1930 COUNCIL MEMBER FONTANA GPS TAG TECHNOLOGY AIMS TO REDUCE THE NUMBER OF HIGH -SPEED POLICE PURSUITS Whereas, several recent, high - profile, high -speed vehicular police pursuits resulted in serious property damage, personal injury and death; Whereas, pursuit - related crashes result in 55,000 injuries each year on average; Whereas, GPS tag technology, such as StarChase, is a potential solution to the risk and dangers associated with high -speed pursuits; Whereas, utilizing GPS tag technology removes the need for high -speed pursuits, replacing them with safer interdiction means; and Whereas, GPS tag technology may reduce risk across the city by transforming a high risk event into a safer, controlled event: Now, Therefore Be It Resolved that The City of Buffalo Common Council 1) Requests that the Buffalo Police Department researches the GPS tag technology, like StarChase in an effort to: a.) gain a better understanding of the technology b.) See if it can be utilized within the Department; 2) Directs the City Clerk to forward copies of this resolution to the Police Oversight Committee and to the following City of Buffalo Departments: Law & Police; ADOPT RESOLVES REFER THE REMAINDER TO POLICE OVERSIGHT NO. 1931 WAIVE PERMIT FEET'S FOR CHILD ABUSE AWARENESS DAY AT LASALLE PARK SPONSOR: COUNCILMAN LOCURTO Whereas, Eain's Echo is an organization that was founded in response to the tragic death of five -year old Eain Clayton Brooks, who was allegedly beaten to death by his mother's live -in boyfriend In September 2013; and Whereas, Eain's Echo is committed to the prevention of child abuse and the organization will hold its second annual 'Child Abuse Awareness Day' at LaSalle Park on September 13 2014 from Noon - ?pm to support these efforts and victims of child abuse; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit fees associated with holding "Child Abuse Awareness Day" at LaSalle Park on September 13 2014. Be it Further Resolved: That a copy of the resolution is sent to the Department of Parks and Recreation. PASSED AYES — 9 NOES - 0 NO. 1932 WAIVE PERMIT FEES FOR THE PEACE AND NONVIOLENCE FESTIVAL IN DELAWARE PARK SPONSOR: COUNCILMAN LOCURTO Whereas, Sunday, September 21 sc is the International Day of Peace, and a free, inter - cultural, interfaith "Peace and Nonviolence Festival" will be held in Delaware Park from Ipm -5pm; and Whereas, This free festival will be co- hosted by over 40 area organizations and churches working to stop the epidemic of violence in our neighborhoods and world, and will consist of an all -ages peace walk, children's activities, music, and food to celebrate and educate on the power of nonviolence; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit fees associated with holding the "Peace and Nonviolence Festival" at Delaware Park on September 21 st, 2014. Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation. PASSED AYES — 9 NOES — 0 NO. 1933 SPONSORED BY COUNCILMEMBER DAVID RIVERA ELRNWOOD VILLAGE ASSOCIATION'S ELMWOOD VILLAGE STREET PARTY FEE WAIVER Whereas: On September 27, 2014, Elmwood Village Association will be hosting the Elmwood Village Street Party. Whereas: The event will celebrate the 20 anniversary of the Elmwood Village Association, an organization that has significantly contributed to the resurgence of the Elmwood Village through its engagement and support of neighborhood residents and businesses. Whereas: The event will be located on Elmwood Avenue between Bryant and Summer and will bring neighbors and businesses together for a night of local music, games, and comradery as summer moves into fall. Whereas: Elmwood Village Association has requested to waive the fees associated with the event. Therefore, Be It Resolved: the Common Council approves the waiving of all City fees; and Be It Further Resolved: the City Clerk is directed to send a copy of this resolution be sent to the Special Events Department. PASSED AYES — 9 NOES - 0 NO. 1934 BY: MR. SCANLON DISCHARGE LEGISLATION COMMITTEE ITEM #14 -1783, C.C.P. SEPT. 2, 2014 "B. STRASZAK, AGENT, USE 447 MAIN ST FOR A FREESTANDING SIGN (ELL)" The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #14 -1783, C.C.P. Sept. 2, 2014 "B. Straszak, Agent, Use 447 Main St for a Freestanding Sign (Ell)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVED PASSED AYES- 9 NOES — 0 0 1 161511K1.1 SPONSOR: MR. SMITH COUNCIL STAFF APPOINTMENT Siobhan Gould, residing at 3 Willink Ave, Buffalo, New York, 14210 is qualified to serve as a Legislative Assistant in the Common Council's Central Staff Office; Siobhan Gould has a strong background and is involved in government and community affairs; Now, therefore be it resolved that: Siobhan Gould is hereby appointed a Legislative Assistant to the Common Council's Central Staff Office ADOPTED NO. 1936 BY: MR. DEMONE A. SMITH. MAJORITY LEADER, MR. WYATT, MR. PRIDGEN NEIGHBORHOOD DEVELOPMENT PLAN FOR THE CITY OF BUFFALO AND SCHOOL DISTRICT Whereas The City of Buffalo has seen increased residential development in various districts throughout the City. There has also been an increase in the immigrant community. It has been estimated that over 10% of the school district student population is from immigrant communities. A hindrance to neighborhood development has been the condition of schools in the surrounding area; and Whereas The first priority for families buying homes, relocating or investing in a neighborhood is the condition of the schools in the area. Improved schools increase property values, population and make neighborhoods desirable; and Whereas The City of Buffalo and the Buffalo Public School System are two separate entities that operate in silos and lack a common vision, development strategy and cooperative planning. To capitalize on neighborhood development investments and to attract families with school age children to live in the City, a comprehensive plan must be developed to stabilize and market neighborhoods; and An updated strategic planning document does not exist that coordinates development and takes advantage of immigration and relocation trends between the City of Buffalo and Buffalo Public School District; and Now Therefore Be It Resolved That: The City Council requests the Office of Strategic Planning and Office of New Americans to assign staff to develop a strategic plan addressing development patterns around the school system and to report best practices and recommendations on: • Opportunities for City and Board of Education partnerships • The utilization of City owned assets • Accountability of City Allocations • Development trends around School Buildings • Rebuilding rehabbing communities around schools • Infrastructure Investments around School Buildings • How to open schools afterhours • Neighborhood Schools Pre -K to third grade • Coordination of school curriculum and afterschool programming • Marketing of rehabbed neighborhoods around redeveloped schools • How City owned School Buildings can help to address the needs of the surrounding residents • Reinstatement of Lighted School House is it still reimbursable? • Availability of buildings for usage by Community Based Organizations, Non Profits, community service, tutoring and mentoring services. Be It Finally Resolved That: The Board of Education assigns staff for a joint effort. Copies of this resolution be sent to the Mayor of the City of Buffalo, Superintendent of the Buffalo Public Schools and the Board of Education ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON EDUCATION NO. 1937 SPONSOR: DEMONE SMITH WAIVE PARK FEES ASSOCIATED WITH BURY THE VIOLENCE INITIATIVE "MEMORIAL WALK" Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be regulated under the provision of various chapters of the code; and Whereas: The Bury the Violence Walk and Initiative has been implemented in the City of Buffalo since June 2014; and Whereas; The Lanasha Rose Foundation started this movement in an effort to rebuild our community pride, courage, comfort and safety in order to stand against violence; and Whereas: The Bury the Violence "Memorial Walk" for the families and loved ones of Ronnie Scott and Raymond Patterson III will take place Friday September 12, 2014 at Trinidad Park; and Whereas: This event is free and open to the community Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo respectfully request that the Department of Special Events, Department of Permits and inspections, and the Department of Public Works waive Park and Park Special Event Fees associated with this event. Be It Further Resolved: The City Clerk forwards a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED AYES — 9 NOES - 0 NO. 1938 BY COUNCIL MEMBER RASHEED N. C. WYATT REDUCE /RESTRICT MASS GATHERING IN UNIVERSITY HEIGHTS (SPECIAL DISTRICT) Whereas, While the Fall season marks the beginning of student return to college, residents of the University District have endured students parties with underage drinking and unruly behavior far too long; These parties have placed student safety in danger as many of these parties occur in dwellings that are ill equipped to handle extreme occupancy of students; and Whereas, Many of the dwellings where these parties are held are in ill repair as some owners prey on . students, maximizing rent on properties the owner does minimum or no maintenance, but gains maximum profit by charging each student upwards of three hundred dollars per student per month; and The properties where these parties are held at most, consistently exceed the maximum capacity. Many of these properties during party -time, experience crowds over capacity, putting students at risk of collapse in dwellings that were not built to handle such an excessive load; and Moreover, law enforcement officials have stated that, when called to break up house parties, students egress not only from living areas, but also basements as well. This overload multiplies the magnitude of peril which could occur if a collapse were to happen; and Many University District residents experience countless sleepless nights during back to school party season; This problem is compounded because often times, these issues are derived from students who do not reside in the City of Buffalo, yet our city resident tax dollars are spent due to the extensive need for additional Police resources. This unfortunately can leave other areas of the district vulnerable because of that necessity; and Whereas, The Buffalo Police Department in conjunction with the University of Buffalo Campus Police are working collaboratively to bring a halt to such parties in an effort to preserve the quiet enjoyment of district residents, as well as ensuring student safety; and Whereas, To improve the quality of life of residents living in the vicinity of the University at Buffalo, it is necessary to research the current city ordinance in place regarding noise and other violations that are common issues with off - campus housing. After review, relevant ordinance amendments are needed to provide authorities with additional tools to better resolve these serious and often reoccurring issues, eliminating mass student house parties and imposing fines on landlords who do not respond to the plea of authorities or the community to gain control over theft" properties to maintain peace and quiet enjoyment in the neighborhood; and Now, Therefore, Be It Resolved that The City of Buffalo Common Council- - 1) Request the Department of Law to research State and Local Laws, and to advise on City of Buffalo Charter /Code revisions regarding the possible reduction of housing occupancy and /or restriction of mass gatherings within the Special District of University Heights residential neighborhood, and report back to the Common Council with its findings within 30 days; and 2) Directs the City Clerk to forward copies of this resolution to the University at Buffalo administration, and to the following City of Buffalo Departments: Law, Permits & Inspections, Police, Fire, and Special Events. ADOPTED NO. NO. 1939 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Jennifer Jones Golden Ray TOTAL:2 ADOPTED NO. 1940 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, September 23, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, September 23, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, September 23, 2014 at 1:00 O'clock P.M Committee on Legislation Tuesday, September 23, 2014 at 2:00 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. 1941 ADJOURNMENT On a motion by Mr. Smith, Seconded by Fontana the Council adjourned at 3:02 PM GERALD A. CHWALINSKI CITY CLERK