Loading...
HomeMy WebLinkAbout14-1014NO. 19 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 14, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE October 14, 2014 **FINAL** MAYOR 2047- 1. Appointment -BMHA Board of Commissioners (Brown, Core, Fernandez, Payne, Seaman) CS MAYOR - EXECUTIVE 2048- 2. CitServ- Monthly Report for September 2014 R &F 2049- 3. Strat Plan -COB, EC, Attica Housing Dev Fund Co. Inc. and Bellamy Commons, LLC Pilot Agreement APP 2050- 4. Strat Plan -Report of Sale -1493 Delavan East(Lov) CD 2051- 5. Strat Plan -Report of Sale -77 Gelston(Nia) APP 2052- 6. Strat Plan -Report of Sale -335 Herman(Fill) APP 2053- 7. Strat Plan -Report of Sale -31 Howard and 77 Madison(Ell) CD 2054- 8. Strat Plan -Report of Sale -23 Marigold(Masten) APP 2055- 9. Strat Plan -Report of Sale -1249 Niagara(Nia) APP 2056- 10. Strat Plan -Report of Sale -32 Owahn(Fill) APP 2057- 11. Strat Plan -Report of Sale -347 Paderewski(Fill) APP 2058- 12. Strat Plan -Report of Sale -36 Silverdale(South) APP 2059- 13. Strat Plan -Report of Sale -71 Sobieski(Fill) APP 2060- 14. Strat Plan -Report of Sale -188 Tenth and 241 Hudson(Ell) CD 2061- 15. Strat Plan -Report of Sale -41 Van Rensselaer(Fill) APP 2062- 16. Strat Plan- Revocable License Agmt Btwn COB and General Mills Properties Inc. for a Portion of S. Michigan Ave ROW(South)(HRG 10/28) LEG,CPBD COMPTROLLER 2063- 17. Certificate of Necessity - Michigan Archway Study R &F 2064- 18. Interfund Loans 2013 & 2014 Capital Budgets APP 2065- 19. Rescinding Bond Resolution R &F 2066- 20. Appoint Junior Data Control Clerk(Perm)(Max)(Suarez) CS ASSESSMENT 2067- 21. Appoint Senior Tax Clerk(Temp)(Third Step)(Lee) CS MANAGEMENT INFORMATION SYSTEMS 2068- 22. Appoint Coordinator Office Automation (Penn)(Inter)(O'Rourke) CS 2069- 23. Appoint Supervisor of Data Processing Operation(Temp)(Max)(Sciolino) CS 2070- 24. Appoint Supervisor of Data Processing Operations(Perm)(Max)(Springer) CS PUBLIC WORKS 2071- 25. Notification Serial #10701 & 10704(waive 45 days) R &F 2072- 26. Change in Contract - Correction -Coca Cola Field Renovations(Ell) APP 2073- 27. D'Youville College Conduit Within ROW on Niagara and Prospect APP 2074- 28. Increase Encumbrance Schiller Pk Senior CC Rehab Weydman Elec APP 2075- 29. Increase Encumbrance Schiller Pk Senior CC Rehab MEP Plum & Mechanical APP 2076- 30. Permission to Engage in Agmt for Electronic Waste Collection and Recycling APP 2077- 31. Permission to Enter into Agmt Lafayette Ice Rink Emergency -Refrig Plant Repair(Del) APP 2078- 32. Permission to Enter into Agmt/Acquire ROW Parcels Bailey Ave Bridges over Bflo River And Cazenovia Creek Proj(South) APP 2079- 33. Permission to Hire Consultant District Heat Steam Boiler Replacement(Fill) APP 2080- 34. Permission to Increase Consulting Contract Splash Pad Improv- Various Pks- Wendel APP 2081- 35. Report of Bids -ADA Ramp Improv for Street Resurfacing APP 2082- 36. Request Permission to Accept Donation of Supplies and Material From Various Organizations for Div Of Pks and Recreation Centers APP 2083- 37. Appoint Truck Driver(PrOv)(hlter)(Dixson) CS POLICE 2084- 38. Drug Asset Forfeiture Wire Transfers FIN FIRE 2085- 39. Appoint Captain(Prom)(Max)(Barrett) CS PERMITS AND INSPECTIONS 2086- 40. Food Store(New) 1086 Broadway(Fill) LEG ADMINISTRATION AND FINANCE 2087- 41. Sale /Scrap of Obsolete Equipment/Vehicles FIN CITY CLERK 2088- 42. Items returned by Mayor without Approval/Disapproval R &F 2089- 43. Item Recalled from the Mayor- C.C.P. #2022, 9/30/14 G. Scholand, Agent, Rezone 2107- 57. R. Smith 111, Owner, Use 145 Buffalo River to add Use of Outdoor Entertainment and Performances & Events in the Buffalo Coastal Special Review District(South)(hrg 10/21) LEG,CPBD 2108- 58. W. Mujamal, Owner, Use 1266 E. Delavan- Reestablish a Food Store in the Genesee -East Delavan Business District(Univ)(hrg 10/21) LEG,CPBD 2109- 59. T. Nowlin, Owner, Use 1661 Hertel to Reestablish a Take -Out Restaurant in the Hertel Avenue Business District(Del)(hrg 10/21) LEG,CPBD R F 4ClT .T TTTClN4 2139- 903 Ellicott, 150 North and 1100 Michigan from R3, Ma and Cl to CM R &F 2090- 44. Liquor License Applications R &F 2091- 45. Leaves of Absence R &F 2092- 46. Reports of Attendance R &F 2093- 47. Notices of Appointment- Seasonal R &F 2094- 48. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 2143- 2095- 49. N. Bycina -Bflo Public Schs Central Registration Ctr 2015 Sch Choice Application ED 2096- 50. N. Hare - Comments on CC Education Forum Series ED 2097- 51. N. Hare- Concerns Parent Involvement in Policy and Programs in Bflo Sch District ED 2098- 52. J. Massaro -Notes from BFE Committee Meeting 9/29/14 LEG 2099- 53. M. Ricchiazzi - Articles - Charlotte, NC Ballpark - Relationship with City CD 2100- 54. M. Romanowski- Concerns Proposed Amendments to Linwood Historic Preservation 2146- 64. Wyatt District Expansion LEG 2101- 54A D. Smith - Article- Concerns Re CATCO Co MBEC,CIT RTS,MAYOR,PW 2102- 54B D. Smith - Article- Concerns Re Charter Schools ED 2103- 54C D. Smith -L. Stephens- Concerns Re ECHDC RFP Outer Harbor CD 2104- 54D D. Smith -Erie Basin Marina Approved Slip Holder Rates LEG 2105- 55. W. VanEvery- Concerns Sidewalks on Rother Avenue PW 2106- 56. G. Yaskow- Adverse Location of Sidewalk 945 Seneca CD,PW PFTTTYWIN SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS 2107- 57. R. Smith 111, Owner, Use 145 Buffalo River to add Use of Outdoor Entertainment and Performances & Events in the Buffalo Coastal Special Review District(South)(hrg 10/21) LEG,CPBD 2108- 58. W. Mujamal, Owner, Use 1266 E. Delavan- Reestablish a Food Store in the Genesee -East Delavan Business District(Univ)(hrg 10/21) LEG,CPBD 2109- 59. T. Nowlin, Owner, Use 1661 Hertel to Reestablish a Take -Out Restaurant in the Hertel Avenue Business District(Del)(hrg 10/21) LEG,CPBD R F 4ClT .T TTTClN4 2139- 60. Fontana Rescinding Unissued Bond Authorizations APP 2140- 61. Fontana Transfer of Funds - Michigan Archway Study APP 2141- 61A Fontana Instituting Fines Aimed at Stores Selling Untaxed Cigarettes ADOPT RES,REM LEG 2142- 62. Franczyk Waive Special Event Fee and Motorcade Fee for the 2014 Crop Walk APP 2143- 62A Scanlon Set Public Hearing Revocable License Agmt Btwn COB and General Mills Properties Inc for a Portion of S. Michigan Ave ROW(South) ADOPT 2144- 62B Scanlon Create Checkbox for Reporting Vacant Properties Using Mayor's 311 ADOPT 2145- 63. Wyatt,etc Bailey Avenue Traffic Study ADOPT 2146- 64. Wyatt Budget and Personnel Amendment - Executive APP 2147- 65. Wyatt Comm of Deeds -Public Duties ADOPT 2148- 66. Wyatt Comm of Deeds ADOPT TABLE ITEMS - - - - - -- Review of 2006 Police Incident(CCP #2, SS 07/08/2014) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS Personal Inj 2110- A. 1. Clementi, Dominic $ 15,000.00 APP A. 2. Edmund, Melissa $ 17,500.00 APP A 3. Hayes, James $ 18,500.00 APP A. 4. Harris, Littie $ 5,000.00 APP A. 5 Landahl, Robert and Gall $ 25,000.00 APP A. 6. Paterson, Daniel and Rita $ 16,000.00 APP A. 7. Rashada, Daniel $ 15,000.00 APP A. 8. Richardson, Patricia and Glen $ 10,000.00 APP A. 9. Smith, Sandra $ 3,000.00 APP A. 10. Stoltman, Douglas $375,000.00 APP A. 11. Tyson, Kenya $ 5,000.00 WITHDRAWN Property Damage 2111- B. 1. Brown, Dennis $ 595.85 APP B. 2. Chairs & Tables $ 691.65 APP B. 3. Flare, Inc. $ 150.00 APP B. 4. Glasco, Charles $ 450.00 APP B. 5. Gugino, Ashley $ 400.00 APP B. 6. Hargro, Pearlie Mae $ 297.27 APP B. 7. Hicks, Tanisha $ 115.00 APP B. 8. Magierkski, Darlene $ 1,100.00 APP B. 9. Muhammad, Eartha $ 58.00 APP B. 10. Nassar, Jenna $ 145.29 APP B. 11. Paragon Subrogation Services, Inc. $ 1,500.00 APP B. 12. Pardi, Carmine $ 300.00 APP B. 13. Payton, Julia $ 1,000.00 APP B. 14. Pochron, Gary $ 154.22 APP B. 15. Robinson, Lauris $ 3,000.00 APP B. 16. Salter, Jim $ 1,000.00 APP B. 17. Williams, Alphonso $ 385.00 APP Prior Fiscal Year Invoices 2112- D. 1. Academy of Fire Services $ 50.00 APP D. 2. AT &T Information Services $ 3,108.77 APP D. 3. Ball Toilet & Septic Services $ 673.60 APP D. 4. Batavia Legal Printing $ 1,674.82 APP D. 5. Bernard Beupin, M.D. $ 197.31 APP D. 6. Bison Elevator $ 3,826.96 APP D. 7. Buffalo Small Animal Hospital $ 3,777.33 APP D. 8. Denise C. Burger $ 252.00 APP D. 9. Command Security Corporation $ 11,838.00 APP D. 10. Vera Dujovic $ 396.00 APP D. 11. ECMC $ 1,109.70 APP D. 12. FOIT Albert Associates $ 350.00 APP D. 13. Goldberg Segalla $ 15,891.00 APP D. 14. Harbour Place Marina $ 285.00 APP D. 15. Julius Horvath, D.C. $ 1,094.06 APP D. 16. Jack W. Hunt Assoc. Inc., $ 371.49 APP D. 17. Adam Kaufman $ 700.00 APP D. 18. Marcia M. Langer $ 872.50 APP D. 19. Eric W. Lawson, Esq $ 52.04 APP D. 20 Michael S. Lewandowski $ 4,214.90 APP D. 21. Magma Legal Services $ 687.00 APP D. 22. Michael Menard $ 400.00 APP D. 23. Metschl & Associates $ 495.15 APP D. 24. Modem Landfill $ 276.08 APP D. 25. Mohawk Track, Inc $ 212.59 APP D. 26. Orkin LLC $ 161.25 APP D. 27. Personal Computers, Inc. $ 9,517.00 APP D. 28. Riverside Towing $ 70.00 APP D. 29. Rural Metro Services $ 1,158.46 APP D. 30. Sheila O'Sullivan $ 185.00 APP D. 31. PACER Service Center $ 99.68 APP D. 32. Thomas N. Rinaldo $ 3,300.00 APP D. 33. Jeffrey M. Selchick, Esq. $ 15,212.76 APP D. 34. TYCO Simplex Grinnell $ 977.70 APP D. 35. Veritext Coprorate Services, Inc. $ 286.96 APP D. 36 WNY EMS Associates $ 812.04 APP Miscellaneous 2113- E. 1. Callahan, Antoine $ 249.00 APP E. 2. Glinski, Timothy $ 2.00 APP E. 3. Hall, Ronald $ 765.00 APP E. 4. Johnson, Denise $ 2.00 APP E. 5. Pearson, Rinaldo $ 4,100.00 APP E. 6. Percesepe, Gary $ 350.00 APP For Discussion 2114- F. 3. Valentin, Wensceslao $ 6,500.00 WTR BD CIVIL SERVICE 2115- 1. 14 -1948 Com Sept 30 Appoint Account Clerk Typist (Inter)(Perm)(Rosario)(Strat Plan) APP 2116- 2. 14 -1964 Com Sept 30 Appoint Administrator (Perm)(Inter)(Shell)(PW) APP 2117- 3. 14 -1965 Com Sept 30 Appoint Maintenance Assistant (Water)(Perm)(Max)(Kumro)(PW) APP 2118- 4. 14 -1966 Com Sept 30 Appoint Senior Clerk(Perm)(Max)(Sole)(Fire) APP 2119- 5. 14 -1971 Com Sept 30 2120- 6. 14 -1972 Com Sept 30 2121- 7. 14 -1973 Com Sept 30 2122- 8. 14 -1982 Com Sept 30 2123- 9. 14 -1747 Com Sept 2 FINANCE R &F M. Caputi, Owner, Use 1854 Hertel to Reestablish Restricted Use of a 2124- 10. 14-173 3 Com Sept 2 COMMUNITY DEVELOPMENT 2125- 11. 14 -298 Com Feb 18 LEGISLATION C. Cancilla, Owner, Use 55 Lee to Erect a 1 Story Structure Steel and Steel 2126- 12. 14 -1968 Com Sept 30 2127- 13. 14 -1809 Res Sept 2 2128- 14. 14 -1677 Res July 22 2129- 15. 13 -55 No Jan 22 2130- 16. 14 -1995 No Sept 30 2131- 17. 14 -1996 No Sept 30 2132- 18. 14 -1997 No Sept 30 2133- 19. 14 -1998 No Sept 30 2134- 20. 14 -1999 No Sept 30 2135- 21. 14 -2000 No Sept 30 2136- 22. 14 -2001 No Sept 30 2137- 23. 14 -2003 No Sept 30 2138- 24. 14 -1647 No July 22 Appoint Chief Combustion Inspector(Temp)(5"` step)(Blake)(EDPI) APP Appoint Supervising Building Code Specialist(Prov)(5"' step) (Kostrzewa)(EDPI) APP Appoint Complaint Clerk Spanish Speaking(Perm) (Max)(Gonzalez)(Com Serv) APP Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F Contract Approval FF Psych Exam(FIR) APP Update From City Hall Security Committee(Pol Office Space for the Independent Producers Alliance( F-MBIWI Food Store(New) 1727 aka 1733 Genesee(Fill)(EDPI) APP /COND Ordinance Amendment -Ch 175- Residential User Fees APP Ordinance Amendment- Chapter 216 Garbage, Rubbish and Refuse APP D. Pridgen - Enhanced Gun Violence Reduction Program R &F M. Caputi, Owner, Use 1854 Hertel to Reestablish Restricted Use of a Restaurant in the Hertel Ave Special Zoning District(Univ)(Hrg 10/14) APP S. Helal Iddin, Owner, Use 1305 Bailey to Reestablish Restricted Use of a Restaurant in the Lovejoy St Special Zoning District (Lov)(Hrg 10/14) APP W /COND C. Cancilla, Owner, Use 55 Lee to Erect a 1 Story Structure Steel and Steel Manufacturing Bldg to a Lot in the Buffalo Coastal Special Review District(Fill)(Hrg 10/14) APP K. Barnashuk, Agent, use 533 Northampton to Erect a Monopole Cell Tower(Ell)(Hrg 10/14) APP M. Croce, Owner, Use 251 Franklin -Erect LED Non - Accessory Sign and Accessory Illuminated -Box Sign to a Restaurant (Ell)(Hrg 10/14) APP V. Cali, Owner, Use 1456 Hertel- Expand a Sit -In Restaurant into 1 st Floor Apartment in the Hertel Ave Business District(Del)(Hrg 10/14) APP P. Strada, Agent, Use 232 Forest for a Free Standing Sign (North)(Hrg 10/14) APP M. Caputi & O- Support for Daily Planet Coffee 1862 Hertel R &F F. Yang, Agent, Use 2042 S. Park to Re- establish Use of Restaurant in the South Park Special District(hrg 7 /15)(South)( #14- 1486,7/8) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY OCTOBER 14, 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 30, 2014 were approved FROM THE MAYOR NO. 2047 APPOINTMENT- BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF COMMISSIONERS Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Appraisal Review Board for a 5 year term, commencing immediately and expiring October 23, 2019 Appointment Donna Brown, 34 Beverly Road, Buffalo, New York, 14208 Ms. Donna Brown currently serves as the Associate Hospital Administrator for the Erie County Medical Center. Previously serving as Deputy Mayor for the city of Buffalo, she was responsible for community outreach for the City of Buffalo and is very familiar with the concerns that the residents of the BMHA face on a daily basis. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. Appointment Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Appraisal Review Board for a 5 year term, commencing immediately and expiring October 23, 2019 Appointment Reverend Alan Core, 417 Humboldt Parkway, Buffalo, New York, 14208 Reverend Alan Core has been a pastor for the past 16 years. Currently, he serves as Senior Pastor of the First Centennial Baptist Church in the City of Buffalo. He has served on the Fruit belt Advisory Council, the Pinnacle Charter School Board His financial experience includes the Fiduciary Committee for the Church of God in Christ and previous positions at Marine Midland Bank. Additionally, Reverend Core lived in BMHA for a brief period as youth. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Buffalo Municipal Housing Authority Board of Directors for a 5 year term, commencing immediately and expiring October 23 2019. Appointment Stanley Fernandez, 106 Fargo, Buffalo, New York, 14201 Mr. Stanley Fernandez is currently retired after 19 years of employment at the Buffalo Municipal Housing Authority. He has previously served as Occupancy Specialist, Employment and Training Coordinator and Deputy Director of Family Support Services. Mr. Fernandez has also served on the various boards including the Erie County Youth Board, United Way Investment Board, NYS Division of Youth and CAO. He is also a product of public housing and holds a personal connection with the well -being of the residents. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Buffalo Municipal Housing Association Board of Commissioners for the duration of a 5 year term, commencing immediately and expiring October 19 2016. Appointment: Hal D. Payne, 1119 Delaware Avenue, Buffalo, New York, 14209 Mr. Hal Payne currently serves as the Vice President of Student Affairs at Buffalo State College. He has earned a Juris Doctorate, serves on numerous boards and has been the recipient of several awards and is very knowledgeable of community concerns. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Buffalo Municipal Housing Association Board of Commissioners for the duration of a 5 year term, commencing immediately and expiring October 19 2015. Appointment: Michael Seaman, 119 Frontenac, Buffalo, New York, 14216 Mr. Michael Seaman currently serves as the Director of Treasury and Collections. Mr. Seaman has great expertise relating to finance protocols. His focus is to oversee the Billing & Collections Division in the preparation of financial statements, evaluations and reports on persons or organizations indebted to the City of Buffalo. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2048 SUBMISSION OF MONTHLY REPORT FOR SEPTEMBER 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 September 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 2049 ATTICA HOUSING DEVELOPMENT FUND CO., INC., A NEW YORK NOT - FOR - PROFIT CORPORATION (THE TAXPAYER ") AND BELLAMY COMMONS, LLC (THE COMPANY ") Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Attica Housing Development Fund Co., Inc., A New York Not - For - Profit Corporation and Bellamy Commons. Bellamy Commons is a mixed -use project that includes 30 units of affordable rental housing and commercial space in the Masten District in the City of Buffalo. The project is located at 1490 Jefferson Avenue, Buffalo, New York 14208 and involves the adaptive reuse of a vacant, former community center. Bellamy Commons features 30 residential units, consisting of 18 1- bedroom, ii 2- bedroom, and 1 3- bedroom apartments in one 2 -story building. Tenants will be responsible for electricity, heat, and gas. There is also commercial space located at the front of the mixed -use building along Jefferson Avenue. Design features of units and residential buildings have also been incorporated to increase resource efficiency, reduce environmental impacts, and provide long -term cost savings to both tenants and the owner. Bellamy Commons has been designed to meet the standards of the Enterprise Green Communities Criteria. (10 %) units will be fully accessible and move -in ready for persons who have mobility impairment; 2 (6 %) units will be fully accessible and move in ready for persons who have a hearing or vision impairment. A total of 25 units will be handicap adaptable. Design features of accessible units include roll -in showers, lowered countertops, lever -type faucets and door handles, tilt mirrors in bathrooms, and visual door bells and fire alarms. Entrances to accessible and adaptable units will be at- grade. Bellamy Commons fulfills the public purpose of providing decent, safe, and affordable housing opportunities to 15 families whose household income is less than 60% of the Area Median Income (AMI) and 15 families whose household income is less than 50% of the AMI. The proposed development will not only have the capacity to provide affordable housing opportunities to small families, but will also provide 5 units of affordable rental housing for persons with mobility and hearing or vision impairments. The project is located in an urban area with direct access to all necessary services, including multiple public transportation routes, health care facilities, municipal services, schools, retail establishments, grocery stores, pharmacies, library, and public parks. Positive aspects of the location include the close proximity of the project to services that cater to the needs of Families and an extensive network of public transportation routes that provides residents direct access to the City of Buffalo's downtown employment center and an array of services available outside of the immediate neighborhood. The total development cost is projected to be $ 7,693,215. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of Five percent (5 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated October 8, 2014, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalos the County of Erie, Attica Housing Development Fund, Co., Inc., and Bellamy Commons, LLC. The project includes thirty (30) units of affordable rental housing and commercial space in the Masten District in the City of Buffalo. The project is located at 1490 Jefferson Avenue, Buffalo, New York 14208, and involves the adaptive reuse of a vacant, former community center. Bellamy Commons, LLC features thirty (3) residential units, consisting of eighteen (18) one - bedroom, eleven (11) two - bedroom, and one (1) three - bedroom apartments in one two -story building. There is also commercial space located at the front of the mixed -use building along Jefferson Avenue. Bellamy Commons, LLC fulfills the public purpose of providing decent, safe, and affordable housing opportunities to 15 families whose household income is less than 60% of the Area Median Income (AMI), and 15 families whose household income is less than 50% of the AMI. The proposed development with have the capacity to provide affordable housing opportunities to small families and will also provide five (5) units of affordable rental housing for persons with mobility and hearing or vision impairments. The total development cost is projected to be $7,693,215.00. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of five percent (5 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. PASSED AYES — 9 NOES - 0 NO. 2050 REPORT OF SALE 1493 DELAVAN EAST, DOWNTOWN ROW TYPE STRUCTURE LOT SIZE: 63 X 120 LAND: $ 7,600 IMPROVEMENT: $22,400 TOTAL ASSESSED VALUATION: $30,000 LOVEJOY DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Mohammed Salim and MD Didarul Hasan on behalf of INVENT GLOBAL INC, 736 Prospect Avenue, Buffalo, New York to purchase 1493 Delavan East. Mr. Salim and Mr. Hasan have indicated that they will reside on the second floor and either open a small store front on the first floor or rent it out for income purposes. The subject property is a one and two story brick and frame detached row building consisting of approx. 4,300 sq. ft. The property was acquired by the City through In -Rem #41 in October 2007. Mr. Salim and Mr. Hasan have estimated the cost of renovations to be Forty -Two Thousand Nine Hundred Dollars ($42,900) which was reviewed and approved by the Division of Real Estate. Mr. Salim and Mr. Hasan have provided sufficient proof of financial ability to complete the purchase and renovations of said property. 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 purchasers. Howard Schultz, Appraiser estimated the value of the property to be Fifteen Thousand Dollars ($15,000). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Mr. Salim and Mr. Hasan have agreed and are prepared to pay Fifteen Thousand Dollars ($15,000) on behalf of INVENT GLOBAL INC 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 1493 Delavan East to GLOBAL INVENT INC in the amount of Fifteen Thousand Dollars ($15,000.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate 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. 2051 REPORT OF SALE -77 GELSTON- VACANT LOT 120' NORTH OF BRECKENRIDGE LOT SIZE: 30'X 88' ASSESSED VALUATION: $3,700 (NIAGARA DISTRICT) Pursuant to Item No. 1693, C.C.P. 9/2/2014 Your Honorable Body approved the sale of 1249 Niagara Street to William Breeser of 77 Gelston, Buffalo, New York 14213 in the amount of $2,100. Mr. Breeser has indicated that he would like to amend his application and change the name to his corporation, Breezer Property Acquisition, LLC. Mr. Breeser owns the property at 73 Gelston, which is adjacent to 77 Gelston. He would like to purchase the above referenced property for beautification purposes and additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty -Five Cents ($.65) to One Dollar ($1.00) per square foot. - Mr. Breeser on behalf of Breezer Property Acquisition, LLC has agreed and is prepared to pay Eighty Cents (.80) per square foot for the parcel for a total of Two Thousand One Hundred Dollars ($2,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. October 6, 2014 1 am recommending that Your Honorable Body amend Item No. 1693, C.C.P. 9/2/2014 and approve the sale of 77 Gelston in the amount of Two Thousand One Hundred ($2,100) to Breezer Property Acquisition, 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 October 6, 2014, be received and filed; and That the offer from Mr. William Breeser, on behalf of Breezer Property Acquisitions, LLC, 73 Gelston Buffalo, New York 14213, in the amount of Two Thousand One Hundred Dollars ($2,100.00) for the purchase of 77 Gelston be and hereby is accepted; 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. 2052 REPORT OF SALE 335 HERMAN, VACANT LOT EAST SIDE, 380' NORTH OF GENESEE LOT SIZE: 30'X 141' ASSESSED VALUATION: $1,800 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Maria Miles residing at 329 Herman, Buffalo, New York to purchase 335 Herman. Ms. Miles is also homesteading the vacant lot at 331 Herman, which is adjacent to her home. She would like to purchase the city owned lot at 335 Herman, which is adjacent to the lot she is homesteading to use for green space and possibly build a garage in the future. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75) per square foot. Maria Miles has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700), Forty Cents ($.40) 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 335 Herman in the amount of One Thousand Seven Hundred Dollars ($1,700) to Maria Miles. 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 October 6, 2014, be received and filed; and That the offer from Maria Miles of 329 Herman, Buffalo, New York, in the amount of One Thousand Seven Hundred Dollars ($1,700.00) for the purchase of 335 Herman be and hereby is accepted; 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. 2053 REPORT OF SALE 31 HOWARD - VACANT LOT SOUTH SIDE, 28' EAST OF MADISON LOT SIZE: 27'X 93' ASSESSED VALUE: $1,400 77MADISON -VACANT LOT EAST SIDE, 213.50' SOUTH OF HOWARD LOT SIZE: 30'X 109' ASSESSED VALUATION: $1,700 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Stephen Laguerre of 85 Madison Street, Buffalo, New York 14206 to purchase 77 Madison and 31 Howard. Mr. Laguerre owns and resides at 85 Madison. The property at 31 Howard is adjacent to the side of Mr. Laguerre's home and adjacent to the lot he owns at 29 Howard. Mr. Laguerre also owns the vacant lots at 83 & 79 Madison. The city owned vacant lot at 77 Madison is adjacent to the lot Mr. Laguerre owns at 79 Madison. Mr. Laguerre would like to use both 31 Howard and 77 Madison for additional green space The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Fifty -Eight Cents ($58) per square foot. Mr. Laguerre has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Sixty Cents ($.60) per square foot for 31 Howard. He has also agreed to pay One Thousand Nine Hundred Dollars ($1,900) Fifty -Eight Cents ($.58) per square foot for the lot located at 77 Madison Street, which is a total of Three Thousand Four Hundred Dollars ($3,400). Mr. Laguerre 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 31 Howard and 77 Madison in the amount of Three Thousand Four Hundred Dollars ($3,490) to Stephen Laguerre. 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. 2054 REPORT OF SALE 23 MARIGOLD VACANT LOT EAST SIDE 245 NORTH OF LEROY LOT SIZE 30'X 121' ASSESSED VALUATION $2,700 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Kamau Akil Chukwueneka and Michael C. Andrews, Jr., 184 Wyoming Avenue, Buffalo, New York 14215 to purchase 23 Marigold. Kamau Chukwueneka and Michael Andrews own the two family dwelling at 25 Marigold, which is adjacent to the city owned vacant lot at 23 Marigold. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Eighty -Five Cents ($85) per square foot. Kamau Akil Chukweneka and Michael Andrews have agreed and are prepared to pay One Thousand Eight Hundred Dollars ($1,800), Fifty Cents ($.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 23 Marigold in the amount of One Thousand Eight Hundred Dollars ($1,800) to Kamau Akil Chukweneeka and Michael C. Andrews, Jr. 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 October 6, 2014, be received and filed; and That the offer from Kamau Akil Chukwueneka and Michael C. Andrews, Jr. of 184 Wyoming Avenue, Buffalo, New York 14215, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 23 Marigold be and hereby is accepted; 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. 2055 REPORT OF SALE - 1249 NIAGARA- VACANT LOT 255' NORTH OF BRECKENRIDGE LOT SIZE: 60'X 100' ASSESSED VALUATION: $10,000 (NIAGARA DISTRICT) Pursuant to Item No. 1699, C.C.P. 9/2/2014 Your Honorable Body approved the sale of 1249 Niagara Street to William Breeser of 1255 Niagara Street, Buffalo, New York 14213 in the amount of $9,100. Mr. Breeser has indicated that he would like to amend his application and change the name to his corporation, Breezer Property Acquisition, LLC. Mr. Breeser owns both 1245 and 1255 Niagara Street, which are located one either side of 1249 Niagara. He would like to purchase the above referenced property for beautification purposes 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 One Dollar and Eight Cents ($1.08) to Two Dollars ($2.00) per square foot. Mr. Breeser on behalf of Breezer Property Acquisition, LLC has agreed and is prepared to pay One Dollar and Eighty Two Cents ($1.82) per square foot for the parcel for a total of Nine Thousand One Hundred Dollars ($9,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. October 6, 2014 Page 2 Re: 1259 Niagara I am recommending that Your Honorable Body amend Item No. 1699, C.C.P. 9/2/2014 and approve the sale of 1249 Niagara Street in the amount of Nine Thousand One Hundred ($9,100) to Breezer Property Acquisition, 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 October 6, 2014, be received and filed; and That the offer from William Breeser on behalf of Breezer Property Acquisition, LLC, 1255 Niagara Street, Buffalo, New York 14213, in the amount of Nine Thousand One Hundred Dollars ($9,100.00) for the purchase of 1249 Niagara be and hereby is accepted; 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. 2056 REPORT OF SALE - 32 OWAHN- VACANT LOT 315' NORTH OF SOUTH PARK LOT SIZE: 30'X 58' ASSESSED VALUATION: $2;000 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Spencer and Mrs. Shirley Brown 11671 Rapids Rd, Akron, New York 14001 to purchase 32 Owahn Street. Mr. and Mrs. Brown own property in the surrounding area. They would like to purchase the above referenced property in order to extend the present driveway. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to One Dollar ($1.00) per square foot. Mr. and Mrs. Brown have agreed and are prepared to Sixty Nine Cents ($.69) per square foot for the parcel for a total of One Thousand Two Hundred Dollars ($1,200) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. August 25, 2014 Report of Sale 32 Owahn Street I am recommending that Your Honorable Body approve the sale of 32 Owahn Street in the amount of One Thousand Two Hundred ($1,200) to Mr. and Mrs. Brown. 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 October 6, 2014, be received and filed; and That the offer from Mr. Spencer and Mrs. Shirley Brown, 11671 Rapids Road, Akron, New York 14001, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 32 Owahn be and hereby is accepted; 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. 2057 REPORT OF SALE 347 PADEREWSKI, VACANT LOT SOUTH SIDE, 90' OF SEARS LOT SIZE: 30'X 101' ASSESSED VALUATION: $1,500 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Fakrul Islam and Shahida Begum to purchase 347 Paderewski. Fakrul and Shahida own and reside at 355 Paderewski, which is adjacent to the city owned vacant lot at 347 Paderewski. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75) per square foot. Fakrul Islam and Shahida Begum have agreed and are prepared to pay One Thousand Six Hundred Dollars ($1,600), Fifty -Three Cents ($.53) 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 347 Paderewski in the amount of One Thousand Six Hundred Dollars ($1,600) to Fakrul Islam and Shahida Begum. I am further recommending that the Office of Strategic Planning prepare the necessary Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 6, 2014, be received and filed; and That the offer from Fakrul Islam and Shahida Begum, 355 Paderewski, Buffalo, New York, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 347 Paderewski be and hereby is accepted; 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. 2058 REPORT OF SALE - 36 SILVERDALE- VACANT LOT 350' NW Buffum Portion of Lot Size: 50'x 60'; 25'x 47' Assessed Valuation: $11,000 (South District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Lynda Gotthart, 97 Wright, Buffalo, New York 14215 to purchase Portion of 36 Silverdale Street. Ms. Gotthart would like to purchase the above referenced property in order to create more yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Five Cents ($.65) to One Dollar Fifty Cents ($1.50) per square foot. Ms. Gotthart has agreed and is prepared to pay Sixty Seven Cents ($.67) per square foot for the parcel for a total of Two Thousand Seven Hundred Dollars ($2,700) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 36 Silverdale Street in the amount of Two Thousand Seven Hundred Dollars ($2,700) to Lynda Gotthart. 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 October 6, 2014, be received and filed; and That the offer from Ms. Lynda Gotthart, 97 Wright, Buffalo, New York 14215, in the amount of Two Thousand Seven Hundred Dollars ($2,700.00) for the purchase of 36 Silverdale be and hereby is accepted; 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. 2059 71 SOBIESKI -VACANT LAND East Side, 287.23' S Stanislaus Lot Size: 30'x 95' Assessed Valuation: $1,500 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammad Raza Khokhar and Siama Khokhar of 101- 16 84 Street 1 sc Floor, Ozone Park, NY 11416 to purchase 71 Sobieski. Mr. & Mrs. Khokhar own the two family dwelling at 73 Sobieski, which is adjacent to the city owned vacant lot at 71 Sobieski. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75) per square foot. Mr. & Mrs. Khokhar have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty -Three Cents ($.53) 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 71 Sobieski in the amount of One Thousand Five Hundred Dollars ($1,500) to Mohammad and Siama Khokhar. 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 October 6, 2014, be received and filed; and That the offer from Mr. Mohammad Raza Khokhar and Siama Khokhar, 101 -16 84 Street, 1 sc Floor, Ozone Park, New York 11416, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 71 Sobieski be and hereby is accepted; That the transfer tax, recording fees and post 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. 2060 REPORT OF SALE 188 TENTH AND 241 HUDSON Report of Sale - 188 Tenth Street - Vacant Lot SW Corner Hudson Lot Size: 11 6' x 37' Assessed Valuation: $10,000 (Ellicott District) Report of Sale - 241 Hudson - Vacant Lot 37' SW Tenth Lot Size: 37'x1 16' Assessed Valuation: $5,000.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Alice D'Amato 497 Sumner Road, Corfu, New York 14036 to purchase 188 Tenth Street and 241 Hudson Street. Ms. D'Amato owns property in the surrounding area. She would like to purchase the above referenced property in order to provide parking for tenants, extend the present yard and garden space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar Fifty Cents Dollar ($1.50) per square foot. Ms. D'Amato has agreed and is prepared to pay Ninety Five Cents ($.95) per square foot for each parcel for a total of Eight Thousand Dollars ($8,000) for the above referenced properties. 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 188 Tenth Street and 241 Hudson Street the amount of Eight Thousand ($8,000) to Ms. D'Amato. 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. 2061 REPORT OF SALE - 41 VAN RENSSELAER- VACANT LAND Est Side, 26' North of Fulton Lot Size: 25'x 84' Assessed Valuation: $1,500 (Fillmore) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. John R. Calabotta, Jr. of 30 Shannon Drive, Lackawanna, New York 14218 to purchase 41 Van Rensselaer. Mr. Calabotta owns the two family dwelling at 43 Van Rensselaer. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Two Dollars ($2.00) per square foot. Mr. Calabotta has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Fifty -Seven Cents ($.57) 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 Van Rensselaer in the amount of One Thousand Two Hundred Dollars ($1,200) to John R. Calabotta. 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 October 6, 2014, be received and filed; and That the offer from Mr. John R. Calabotta, Jr. of 30 Shannon Drive, Lackawanna, New York 14218, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 41 Van Rensselaer be and hereby is accepted; 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. 2062 REVOCABLE LICENSE AGREEMENT BETWEEN CITY OF BUFFALO AND GENERAL MILLS PROPERTIES, INC. FOR A PORTION OF THE SOUTH MICHIGAN AVENUE RIGHT OF WAY (APPROXIMATELY 50' WIDE BY 497.5' LONG) FOR BUSINESS AND SECURITY PURPOSES SOUTH DISTRICT The Office of Strategic Planning has received a request from General Mills Properties, Inc. or other legal entity to be designated by General Mills Properties, Inc. and approved by the Office of Strategic Planning requesting that the City enter into a revocable license agreement with General Mills Properties, Inc. for a portion of the South Michigan Avenue Right Of Way. General Mills is undertaking security improvement and related measures at their South Michigan Avenue location and would use the revocable license area in conjunction with those objectives. The portion of the South Michigan Avenue Right of Way that is being requested for a revocable license area is described as an approximately 50' wide by 497.5' long section of the terminus of South Michigan Avenue at the City Ship Canal and is situate adjacent to and between the General Mills facilities on either side of South Michigan Avenue. The Department of Public Works, Parks & Streets has indicated that they have no objections to entering into a revocable license agreement for this portion of the South Michigan Avenue Right of Way on condition that: 1. The City of Buffalo and any utility company or other person /entity that has interests in the area to be used as a revocable license area reserves or is otherwise provided the right to use, preserve and protect their utilities or facilities in said area to the satisfaction of the City of Buffalo Dept. of Public Works, the City's Corporation Counsel's Office and the pertinent utility company(ies) or other impacted person or entity. 2. General Mills Properties, Inc. and /or a corporation, partnership, or other legal entity to be designated by General Mills Properties, Inc. and approved by the Office of Strategic Planning agrees to continuously grant the City of Buffalo and any and all utility companies or other impacted person or entity with interests in the subject area access to maintain, repair and /or replace any and all utilities or other facilities located in the subject area. 3. The revocable license agreement will not become effective until the agreement from the City is fully executed. In accordance with Article 27.5 of the City Charter, General Mills commissioned The KLW Group, Appraiser to estimate the fair market value annual licensing fee of the subject portion of the South Michigan Avenue Right Of Way. The KLW Group has estimated the fair market annual license fee value of the subject right of way to be Three Thousand Two Hundred Eighty Dollars ($3,280). The City of Buffalo Appraisal Review Board reviewed the appraisal at their, meeting of February 26, 2014 and approved the annual license fee value established by the Appraiser at their meeting of February 26, 2014 in the amount of Three Thousand Two Hundred Eighty Dollars ($3,280). General Mills Properties, Inc. has agreed to pay the Three Thousand Two Hundred Eighty Dollars ($3,280) annual license fee. In an abundance of caution and in order to provide for public input on this matter it has been decided that the City will follow the procedure utilized in a formal abandonment and closing of a street or right of way. Therefore, this is a matter that is referable to the City of Buffalo Planning Board for their review and recommendation. Pursuant to City Code Chapter 168 -5(B) (8). The City of Buffalo's environmental review ordinance exempts the sale or licensing of City property, under 50 acres, from SEQR review by designating it a Type 2 Action. The Office of Strategic Planning respectfully hereby recommends that Your Honorable Body approve the revocable license agreement for the subject 50' wide by 4975 long section of the South Michigan Avenue Right of Way with an annual license fee of Three Thousand Two Hundred Eighty Dollars ($3,280) providing the following terms and conditions are satisfied: 1. Your Honorable Body refer this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the revocable license agreement concepts for the subject portion of the South Michigan Avenue Right of Way (approximately 50' wide x 497.5' long) 2. In accordance with standard street abandonment procedures being followed here, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 28th of October, 2014. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare the attached Resolution Setting Public Hearing together with a Notice of Public Hearing for your action, Forwarded separately but attached hereto are the following documents: a. Resolution setting Public Hearing b. Notice of Public Hearing 2. Providing there are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council, and further providing that General Mills Properties, Inc. agrees to preserve and /or protect the City's utility lines and all other utility lines and /or easements, as necessary, within the area to be licensed and as determined to be satisfactory in the sole discretion of the Corporation Counsel's Office, 4. General Mills Inc. agrees to allow access as set forth in the attached Revocable License Agreement within the area to be licensed, 5. That the Department of Public Works is kept apprised of the fencing /security measures and that the Department of Public Works monitors the progress of any right of way concerns or issues, if and when they should arise, 6. General Mills Properties, Inc. agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works and the Corporation Counsel's Office, 7. That the official Revocable License Agreement will not become effective until fully executed. I am further recommending that Your Honorable Body: 1. Authorize the Mayor to execute all the necessary documents including but not limited to the attached Revocable License Agreement in order to effectuate a revocable license of the 50' wide by 4975 long section of South Michigan Avenue situate at the City Ship Canal and adjacent to and between the General Mills facilities on either side South Michigan Avenue (such Revocable License Agreement to be in form and substance that which is attached hereto and or as is otherwise acceptable to the Corporation Counsel's Office), and 2. Authorize 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 Revocable License Agreement and related arrangements. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD FROM THE COMPTROLLER NO. 2063 CERTIFICATE OF NECESSITY - MICHIGAN ARCHWAY STUDY Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $20,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Capital Planning $20,000 To: 30310006 - 445500 Michigan Archway Study $20,000 RECEIVED AND FILED NO. 2064 INTERFUND LOANS 2013 & 2014 CAPITAL BUDGETS The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $2,117,350 against the 2013 & 2014 City Capital Improvements Budget for the projects listed below. The loan will be repaid when BANs or Bonds are issued in Fiscal year 2014 -15. FROM TO ACCOUNT REPAYMENT DATE TOTAL General Fund Capital Projects Fund Library Improvements 2013 38329206 April 2015 $ 47,750 Tree Removal and Planting 2013 38304006 April 2015 285,600 Park Improvements City Wide 2014 38404706 April 2015 1,634,000 Court Street Area Improvements 2014 38316006 April 2015 150,000 As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are seven City projects with an interfund loan amount of $2,508,951 outstanding. If this current request is approved, the City will be committed to $4,626,301' in projects. Requested Approved Balance 2013 Capital Budget $ 21,801,885 Bonds /BAN's Issued $ (18,549,168) Authorized but Unissued Projects 3,252,717 Hatch Restaurant Additions $ 470,467 (470,467) Police Precinct Renovations 400,000 (400,000) Library Improvement $ 47,750 300,000 (347,750) Fire Apparatus 500,000 (500,000) Fire Station Rehabilitation 400,000 (400,000) Tree Removal and Planting 285,600 356,400 (642,000) 2013 Unfunded Projects $ 492,500 2014 Capital Budget $ 22,900,000 Bonds /BAN's Issued (16,058,000) Authorized but Unissued Projects 6,842,000 MLK Casino Exterior Improvements $ 82,084 (82,084) Park Improvements -City Wide 1,634,000 (1,634,000) Court Street Area Improvements 150,000 (150,000) 2014 Unfunded Projects 4,975,916 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated October 9, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $2,117,350.00 against the 2013 and 2014 City Capital Improvements Budgets for the Library Improvements 2013, Tree Removal and Planting 2013, Park Improvements City -Wide 2014 and Court Street Area Improvements 2014 Projects. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES 9, NOES 0 NO. 2066 RESCINDING BOND RESOLUTION A resolution has been filed with the Common Council that, if approved, would rescind unissued bond authorizations by repealing various bond resolutions that were previously adopted, per a request by the Department of Public Works The original amounts for each resolution were authorized for the City's Share of a Federal and State reimbursed project along with the potential cash flow needs, as the capacity for Interfund Loans was uncertain. The department has acknowledged that the projects, designated within each individual bond resolution, are completed and cannot be utilized outside of the original scope designated within the resolution. Therefore the bond resolutions are irrelevant and unnecessary. It is important to note that these unissued funds were never borrowed by the City, and cannot be used for any other purpose other than what was originally described in the bond resolutions. This communication is for informational purposes only. The related bond resolution filed with the Common Council must be approved in order to repeal the unissued bond resolutions, which are listed below: A B C D E DATE ITEM ORIGINAL UNISSUED PASSED NUMBER AMOUNT TITLE AMOUNT 1 02/07/06 114 $ 1,250,000 Construction of Outer Harbor Trail -Phase II $ 1,010,000 2 02/07/06 115 2,000,000 Rehabilitation of CN Rail Bridge 1,800,000 3 02/07106 116 2,375,000 Improvement to Ellicott Gateway (BNMC) 1,940,000 4 03/06/07 128 600,000 Reconstruction of Main Street - Phase II 600,000 $ 6,225,000 $ 5,350,000 RECEIVED AND FILED NO. 2066 APPOINT JUNIOR DATA CONTROL CLERK(PERM)(MAX)(SUAREZ) Certificate of Appointment Appointment effective 10/6/14 in the department of Audit and Control Division of Accounting to the position of Junior Data Control Clerk Permanent Open- Competitive Maximum Starting Salary of $34,255 Rosa S. Suarez, 45 Sumner Place, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 2067 APPOINT SENIOR TAX CLERK(TEMP)(THIRD STEP)(LEE) Certificate of Appointment Appointment effective 10/6/14 in the department of Assessment and Taxation to the position of Senior Tax Clerk Temporary Appointment Third Step Starting Salary of $35,868 Ramona L. Lee, 155 Durham Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 2068 APPINT COORDINATOR OFFICE AUTOMATION (PERM)(INTER)(O'ROURKE) Certificate of Appointment Appointment effective September 26, 2014 in the department of MIS to the position of Coordinator Office Automation Permanent Promotional Intermediate Starting Salary of $46,940 Mary O'Rourke, 54 Allenhurst Rd, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2069 APPOINT SUPERVISOR OF DATA PROCESSING OPERATION(TEMP)(MAX)(SCIOLINO) Certificate of Appointment Appointment effective September 24, 2014 in the department of MIS to the position of Supervisor of Data Processing Operation Temporary Open - Competitive Maximum Starting Salary of $63,211 Thomas Sciolino, 633 Eggert Road, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2070 APPOINT SUPERVISOR OF DATA PROCESSING OPERATIONS(PERM)(MAX)(SPRINGER) Certificate of Appointment Appointment effective September 26, 2014 in the department of MIS to the position of Supervisor of Data Processing Operations Permanent Promotional Maximum Starting Salary of $63,211 Daryl Springer, 57 Manchester PI, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2071 NOTIFICATION SERIAL #10701 & 10704 (WAIVE 45 DAYS) Notification Serial # 10701 Repeal No Parking on Washington Street, west side between a point 157 feet north of the north curb of West Chippewa Street and a point 134 feet north therefrom ( Ellicott District) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Washington Street, west side 9 a.m. to 6 p.m. between a point 157 feet north of the north curb Except Visitor Center Patrons of West Chippewa Street and a point 134 feet north therefrom This action is being taken due to the relocation of the Visitor Center. (see serial # 10704) Notification Serial #10704 Install No Standing on Washington Street, west side between a point 45 feet south of the south curb of Lafayette Square (Clinton Street) and a point 60 feet south therefrom (Ellicott District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Washington Street, west side 9 a.m. to 6 p.m. between a point 45 feet south of the south curb Except Visitor Center Patrons of Lafayette Square (Clinton Street) and a point 60 feet south therefrom This action is being taken due to the relocation of the Visitor Center. (see serial #10701) RECEIVED AND FILED NO. 2072 CHANGE IN CONTRACT- CORRECTION -COCA COLA FIELD RENOVATIONS RENOVATIONS JOB #1274G ELLICOTT 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 floor drain and associated work to ensure project is completed this construction season. The requirement for the additional drain was unforeseen and determined during construction. Add $ 7,268.40 The foregoing change results in a net increase in the contract of Seven Thousand Two Hundred Sixty Eight Dollars and 40/100 ($7,268.40). Summary: Original Contract Amount $327,334.00 Amount of this change order 7,268.40 Revised Contract Amount 334,602.40 Costs have been reviewed 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 work will be 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 October 2, 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 $7,268.40 (Original Contract Amount $327,334.00 + Change Order #1 $7,268.40 for a Revised Contract Amount of $334,602.00) 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. 2073 D'YOUVILLE COLLEGE CONDUIT WITHIN RIGHT OF WAY ON NIAGARA AND PROSPECT Mr. Nathan Matron of D'Youville College, located at 320 Porter Avenue, has requested permission to install fiberoptic cable within city right of way on Prospect Avenue and Niagara Street. The fiberoptic cable would connect the main campus on Porter Avenue with a new building at 605 Niagara Street and an existing building at 631 Niagara Street. The fiberoptic cable would be installed in the sidewalk area with no disruption to the pavement and measure approximately 920 linear feet. This link will enable D'Youville College to establish a unified computer and communications network. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: I. That the applicant obtain the appropriate street cut permit from the Division of Engineering. 2. That the cable be installed according to city specifications. 3. That the applicant become a member of Dig Safely New York as specified in New York State Code 753. 4. That the applicant supply the Department of Public Works, Parks & Streets with a bond and /or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said cable. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 14, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to issue a "Mere License" to Mr. Nathan Marton of D'Youville College, located at 320 Porter Avenue, to encroach the City right -of -way on Niagara Street and Prospect Avenue to install a fiber optic cable to connect the main campus on Porter Avenue with a new building at 605 Niagara Street and an existing building at 631 Niagara Street, provided the following conditions are met: • That the applicant obtain the appropriate street cut permit from the Division of Engineering; • That the cable be installed according to City specifications; • That the applicant become a member of Dig Safely New York as specified in New York State Code 753; and • That the applicant supply the Department of Public Works, Parks and Streets with a bond and /or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said cable. PASSED AYES 9, NOES 0 NO. 2074 INCREASE IN ENCUMBRANCE PUBLIC IMPROVEMENTS AT SCHILLER PARK SENIOR COMMUNITY CENTER REHABILITATION PROJECT # 38 -30200 WEYDMAN ELECTRIC, INC. CONTRACT #H0000193 Prior Council Reference: #36 of 11/26/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order will address the extra labor involved in disconnecting the fixtures, devices and reinstalling them after the surrounding ceiling tiles are replaced. This is an unusual, previously unforeseen condition and was not anticipated during design and bidding of this project. Previous Approved Amount $76,101.00 Amount this request 2,541.89 Total Approved Amount to Date 78,551.89 Funds are available in CDBG Account # CH9E2007 - 470000 - 8469. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Street. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 2, 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 $2,541.89 (Original Contract Amount $76,010.00 + Change Order #1 $2,541.89 for a Revised Contract Amount of $78,551.89) for the Schiller Park Senior Community Center, with Weydman Electric, Inc., Contract H0000193. Funds are available in CDBG Account #CH9E2007 - 470000 - 8469. PASSED AYES 9, NOES 0 NO. 2075 INCREASE IN ENCUMBRANCE PUBLIC IMPROVEMENTS AT SCHILLER PARK SENIOR COMMUNITY CENTER REHABILITATION PROJECT #38 -30200 MLP PLUMBING & MECHANICAL. INC. CONTRACT #H0000199 I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order will address the replacement of the existing refrigerant lines to match the manufacturer's requirements for the new units. Previous Approved Amount $152,328.74 Amount this request 11,621.20 Total Approved Amount to Date 163,949.94 Funds are available in CDBG Account # CH9E2007- 470000 -8469. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Street. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 2, 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 $11,621.20 (Original Contract Amount $152,328.74 + Change Order # 1 $11,621.20 for a Revised Contract Amount of $163,949.94) for the Schiller Park Senior Community Center, with MLP Plumbing & Mechanical, Inc., Contract H0000199. Funds are available in CDBG Account #CH9E2007 - 470000 - 8469. PASSED AYES 9, NOES 0 NO. 2076 PERMISSION TO ENGAGE IN AGREEMENT FOR ELECTRONIC WASTE COLLECTION AND RECYCLING SERVICES I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Electronic Recyclers International (ERI) for electronic waste collection and recycling services. The City of Buffalo is will not be charged for electronic waste generated and collected in the city with the exception of televisions and computer (CRT) monitors that are broken in which there is a $.70 /lb. charge over 7,000 pounds annually. The vendor has been chosen through a Solicitation of Bids process. ERI was determined to be the low bid based on material collection data from 2013. Funding is available 52002606- 442100 Refuse Disposal Services. Results are listed in S /pound below: Material Maven Tech. ATR RCR &R SAMP ERI CRT $0 $ -.26 -$.19 -$.12 $0 Non -CRT $0611 $,04 $0 $0 $0 Broken Glass Unacceptable $ -.30 _$.19 -$.16 $70 (after 7,000 Ibs) Misc. Equipment $0 $.04 $0 -$.16 $0 Transportation $0 $200 $0 $1,250 $0 (per weekly pick up) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 3, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage in an agreement with Electronic Recyclers International ( "ERI ") for electronic waste collection and recycling services. The vendor was chosen through a Solicitation of Bids process. ERI was determined to be the low bid based on material collection data from 2013. Funding is available in Account #52002606- 442100 - Refuse Disposal Services. PASSED AYES — 9 NOES — 0 NO. 2077 PERMISSION TO ENTER INTO AGREEMENT LAFAYETTE (NB) ICE RINK EMERGENCY - REFRIGERATION PLANT REPAIR DELAWARE DISTRICT ITEM NO. 551 CCP MARCH 18, 2014 Permission is hereby requested to enter in an agreement with D.V. Brown & Associates for the payment by the City of the amount of up to $14,906.00 allocable towards the refrigerant component of the June, 2014 $33,498.13 emergency repair of the refrigeration plant located at the Lafayette (NB) Ice Rink. To prevent additional costs associated with the loss of ice, the maintenance contractor on record (D.V. Brown) was called in in June 2014 by the rink operator to get Pump #1 working again and then to make the necessary repairs to Pump #2 to keep the temperature stable for the prevention of ice loss. The City's share of the cost of this repair is $14,906.00 and Funds for this work are available in 13296006 - 443301 - Buildings. SIGNATURE OF DEPARTMENT HEAD: Co: Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 9; 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with D. V. Brown & Associates for the emergency repair of the refrigeration plant located at the Lafayette (NB) Ice Rink in the amount of $14,906.00. Funds for this work is available in Account #13296006 - 443301 - Buildings. PASSED AYES — 9 NOES — 0 NO. 2078 PERMISSION TO ENTER INTO AGREEMENT /ACQUIRE [RIGHT OF WAY PARCELS BAILEY AVENUE BRIDGES OVER BUFFALO RIVER AND CAZENOVIA CREEK PROJECT [FHWA/NYSDOT PIN # 5756.34 SOUTH DISTRICT ITEM NO. 30, CCP 09/03/13 Your Honorable Body previously approved the item referenced above which allow our department in conjunction with Law Department to negotiate and acquire necessary ROW parcels related to the subject project. As result of these negotiations permission is requested from your Honorable Body to enter into agreements and acquire the following parcels that are required and all legal description, maps and appraisals are being prepared by our project consultant as follows: Erie County park property, 152 Bailey Avenue - sign agreement and swap 1.36 acres City owned ROW with 1.99 acres County owned Park land Mr. James Dingledey, 150 Bailey Avenue - Acquire total parcel, 0.4 acre for total appraised value of $ 315,000.00 NOCO Express Properties, LLC 155 Bailey Avenue - Acquire Temporary Easement, 813 Sq. Ft for total appraised value of $ 5,600.00 This is a federal funded project and City's share is 5% of the total costs. The finds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for all the above parcels. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 7, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement and acquire the following parcels that are required for the Bailey Avenue Bridges over the Buffalo River and the Cazenovia Creek Project, and all legal descriptions, maps and appraisals are being prepared by the project consultant as follows: • Erie County Park Property, 152 Bailey Avenue - sign agreement and swap 1.36 acres of City -owned right -of -way with 1.99 acres of County -owned park land; • Mr. James Dingledey, 150 Bailey Avenue - acquire total parcel, 0.4 acres for total appraised value of $315,000.00; and • NOCO Express Properties, LLC, 155 Bailey Avenue - acquire temporary easement, 813 sq. ft. for total appraised value of $5,600.00. That the Common Council hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or other such appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for all of the above parcels. This is a federally funded project, and the City's share is 5% of the total costs. The funds are available in Capital Accounts. PASSED AYES — 9 NOES — 0 NO. 2079 PERMISSION TO HIRE CONSULTANT DISTRICT HEAT STEAM BOILER REPLACEMENT JOB #1434 FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for the replacement of two steam boilers, District Heat, Phase 11. The cost for consulting services is estimated not to exceed $99,500.00. Funds are available in 35323106 445100 Buildings, and the 2013 Authorized Capital Improvement Program ($392,000.00); unissued waiting for account number. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 8, 2014, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the replacement of two (2) steam boilers, District Heat, Phase 11. The consultant was chosen through a Request for Qualifications (RFQ) process. The cost for consulting services is estimated not to exceed $99;500.00. Funds are available in Account #35323106 445100 Buildings, and the 2013 Authorized Capital Improvement Program. PASSED AYES — 9 NOES — 0 NO. 2080 PERMISSION TO INCREASE CONSULTING CONTRACT SPLASH PAD IMPROVEMENTS -VARIOUS PARKS WENDEL, ENGINEERING SERVICES CONTRACT # 93000869 1 hereby submit to your Honorable Body the following change for this contract. Wendel is the engineering consultant for Splash Pad Improvements at various Park facilities project. This increase is necessary for the additional services for unforeseen asbestos and lead abatement and structural concerns. Current Contract Amount: $200,000.00 This Cost Increase: $ 8,730.52 Total: $208,730.52 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $9,208.50. The funds will be available in account 33400306 and account(s) to be named at a later date. Andrew R. Rabb, Deputy Commissioner Peter J. Merlo, City Engineer Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated October 6, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order #1 in the mount of $8,730.52 (Original Contract Amount $200,000.00 + Change Order #1 $8,730.52 for a Revised Contract Amount of $208,730.52) for Splash Pad Improvements at various park facilities, to Wendel Engineering Services C #93000869. Funds for this project are available in Account #33400306 and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 2081 Report of Bids ADA Ramp Improvements for Street Resurfacing Group 808 In obtaining these bidsfor the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids were received Base Bid Base Bid plus 10% Unit Price Increase Destro & Brothers Concrete Co $185,750.00 $204,325.00 411 Ludington Ave Buffalo, NY 14206 Titan Development Inc 8534 Seaman Rd Gasport, NY 14067 $218,500.00' $240,350.00' I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Company I respectfully recommend a contract award in the amount of $204,325.009($185,750.00 -Base Bid+ $18,575.00 -10% unit price increase= $204,325.00 -Total Contract amount). Funds for this contract are available in # 32000006 - 445100 and an amount(s) to be named at a later date. The engineer's estimate for this work is $144,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if and award of the contract is not made by November 15, 2014. Individual bid submission are available in our office for inspection and copies are available upon request. 'Adjusted amount Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 2, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for ADA Ramp Improvements, Group 808, with Destro & Brothers Concrete Co., Inc., with a total bid of $204,325.00 (Base Bid $185,750.00 + 10% unit price increase $18,575.00 for a Total Contract Amount of $204,325.00). Funding for this contract is available in Account #32000006 - 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 2082 REQUEST PERMISSION TO ACCEPT DONATION OF SUPPLIES AND MATERIALS FROM VARIOUS ORGANIZATIONS FOR DIVISION OF PARKS AND RECREATION OPERATED RECREATION CENTERS AND OTHER CITY PARK PROPERTIES Permission is hereby requested from Your Honorable Body to accept donation of supplies, materials and services to be used by Division of Parks and Recreation operated recreation centers and to improve other City Park properties. Organization Donation Amount P.A.L. of Buffalo Summer Field Trips $2,224.11 for Rec Centers Buffalo Green Fund, Inc Plant material for $180.00 Maritime Memorial Hertel -North Park Youth Diamond Improvements $10,688.00 Baseball League, Inc at Shoshone Park Thank you for your consideration. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Department of Public Works, Parks and Streets, dated October 6, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets, to accept a donation of supplies, materials and services to be used by the Division of Parks and Recreation - operated recreation centers and to improve other City Park properties for the following organizations: Organization Donation Amount PAL of Buffalo Summer Field Trips for Rec Centers $2,224.11 Buffalo Green Fund, Inc Plant material for Maritime Memorial $180.00 Hertel -North Park Youth Diamond Improvements for Maritime Memorial $10,688.00 Baseball League, Inc. PASSED AYES — 9 NOES — 0 NO. 2083 APPOINT TRUCK DRIVER(PROV)(INTER)(DIXSON) Appointment effective 10/01/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Provisional at the Intermediate Salary of $24, 341.00 Daniel Dixson, 75 Comstock Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 2084 DRUG ASSET FORFEITURE WIRE TRANSFERS 14 -DEA- 594715 C2 -14 -0074 1,734.60 14 -DEA- 594642 C2 -14 -0070 6,889.20 14 -DEA- 594330 C2 -14 -0065 2,918.40 14 -DEA- 596258 C2 -14 -0081 280.75 14 -DEA- 595945 C2 -14 -0090 4,578.60 14 -DEA- 595473 C2 -14 -0083 2,500.80 14 -DEA- 596298 C2 -14 -0093 2,610.60 14 -DEA- 595729 C2 -14 -0088 4,353.00 14 -DEA- 595629 C2 -14 -0086 1,986.00 14 -DEA- 594817 C2 -14 -0046 169.00 14 -DEA- 594824 C2 -14 -0046 260.00 14 -DEA- 594821 C2 -14 -0046 153.40 14 -DEA- 594818 C2 -14 -0046 3,279.65 14 -DEA- 594962 C2 -14 -0076 594.28 14 -DEA- 593759 C2 -13 -0141 2,420.32 DEA TOTAL $34,728.00 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 2085 APPOINT CAPTAIN(PERM)(MAX)(BARRETT) Appointment effective 09/05/2014 in the Department of Fire, Division of Fire to the Position of Captain, Permanent at the maximum salary of $78,930.00 Ronald Barrett, 69 Krakow Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 2086 FOOD STORE (NEW) 1086 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1086 Broadway (Abidur Rahman /Madina Market Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 2087 SALE /SCRAP OF OBSOLETE EQUIPMENT/VEHICLES The Division of Purchase is requesting permission to enter into agreement with license dismaltiers for the sale of scrap vehicles /equipment. Bid #405 was opened on October 8, 2014,six (6) bids were mailed out to Licensed Dismantler and two (2) bids were received. We are requesting permission to award to the listed below dismantlers offering the most money. Contract period will be from date of award through June 30.2016, with the option to renew for four (4) additional one year periods, if agreeable by both parties. Award recommendation as follows: M & M U PULL IT. INC $276.00 per passenger vehicle picked up or delivered to their yard South Buffalo Auto Parts $400.00 Heavy equipment delivered to their yard $350.00 Heavy equipment picked up by scrap yard REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 2088 ITEMS RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I HEREBY INFORM YOU THAT THE FOLLOWING ITEMS WHICH WERE PASSED BY THE COMMON COUNCIL ON SEPTEMBER 16, 2014 Was presented to the Mayor on September 19, 2014 and returned to th City Clerk on September 29, 2014 without approval or disapproval No. 1860 Second Hand Dealer -1941 Clinton No 1861 Second Hand Dealer -2191 Elmwood No 1862 Used Car Dealer -1367 Bailey Suite 2 No 1895 Extension to Contract - Inquiries Inc -Entry Police Candidates Background Check No 1898 Report of Sale -1532 Genesee No 1931 Waive Permit Fees for Child Abuse Awareness at LaSalle Park No 1932 Waive Permit Fees for the Peace and Nonviolence Festival in Delaware Park No 1933 Fee Waiver - Elmwood Village St Party No 1937 Waive Permit Fees -Bury the Violence Memorial Walk RECEIVED AND FILED NO. 2089 ITE,M RECALLED FROM MAYOR -CCP #2022, 09/30/2014 G. SCHOLAND, AGENT REZONE 903 ELLICOTT, 150 NORTH AND 1100 MICHIGAN FROM R3 MA AND C1 TO CM Honorable Byron W. Brown Mayor of the City of Buffalo 201 City Hall Buffalo, NY 14202 Dear Mayor Brown: The Common Council wishes to recall item# 2022 from the September 30, 2014 meeting. The Subject is Rezone 903 Ellicott, 150 North and 1100 Michigan from R3, M1 and C1 to CM. It will be Re -filed at a later date. Your cooperation in this matter is greatly appreciated. Yours truly, Gerald A. Chwalinski RECEIVED AND FILED NO.2091 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 - Marlene Lavango RECEIVED AND FILED. NO. 2092 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 2093 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 10/09/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat rate of $12.66/hr Christopher Petrella, 1180 Amherst St, Buffalo, NY 14216 NO. 2094 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 10/06/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Permanent at the minimum Salary of $31,754 Diane Scott, 397 Forest Ave Upper, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 10/20/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Permanent at the minimum Salary of $31,754 Cyndi Lampi, 107 Okell St, Buffalo, NY 14220 Maia Re, 417 Colvin Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 09/29/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Temporary at the minimum salary of $23,553 Arbey Hill, 65 Lewis St, Buffalo, NY 14206 Damon Johnson, 25 Briscoe St, Buffalo, NY 14211 IN 4 :A I I a 197A I =1111561;0:2061 ON Chi 40119 NO. 2090 LIQUOR LICENSE APPLICATIONS Address Business Name Owner's Name 3053 Main St 3053 Main St Justin Anderson OBO Entity to be 751 Fillmore Ave Club 751 Xclusive Social Club Arlynda Ray 130 Main Street 130 Main Street Global Spectrum RECEIVED AND FILED NO.2091 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 - Marlene Lavango RECEIVED AND FILED. NO. 2092 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 2093 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 10/09/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat rate of $12.66/hr Christopher Petrella, 1180 Amherst St, Buffalo, NY 14216 NO. 2094 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 10/06/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Permanent at the minimum Salary of $31,754 Diane Scott, 397 Forest Ave Upper, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 10/20/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Permanent at the minimum Salary of $31,754 Cyndi Lampi, 107 Okell St, Buffalo, NY 14220 Maia Re, 417 Colvin Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 09/29/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Temporary at the minimum salary of $23,553 Arbey Hill, 65 Lewis St, Buffalo, NY 14206 Damon Johnson, 25 Briscoe St, Buffalo, NY 14211 IN 4 :A I I a 197A I =1111561;0:2061 ON Chi 40119 Appointment Effective 10/13/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Calss Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Thomas Pyjas, 29 Garvey Ave, Buffalo, NY 14220 Michael Whelan, 162 Mariemont, Buffalo, NY 14220 James Wozniak, 27 Lombard St, Buffalo, NY 14206 Louis Carbone, 212 Geary St., Buffalo, NY 14210 Patrick Reid, 179 McKinley Pkwy, Buffalo, NY 14220 Richard Cramer, 60 Hollywood Ave, Buffalo, NY 14220 Casimer Piwowarski, 74 North Ogden St, Buffalo, NY 14206 Jeffrey Vitali, 112 Remington PI, Buffalo, NY 14210 Gregory Morcio, 102 South Pierce St, Buffalo, NY 14206 Teonie Jackson, 527 Northland, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective 09/29/2014 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker, Temporary at the Minimum Salary of $23,553.00 Andre Betts Jr, 507 Northland Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective 10/20/2014 in the Department of Fire, Division of Fire to the Position of Emergency Services Fire Dispatcher, Permanent at the Minimum Salary of $23,553.00 Eric Prentiss, 88 Germain St, Buffalo, New York 14207 Derek Reid, 140 Arbour Lane Apt 3, Buffalo, New York 14220 Kamilah Whitfield, 581 Grider St, Buffalo, New York 14215 Tiffany Whitfield, 581 Grider St, Buffalo, New York 14214 Nicasio Renaldo, 86 Norwalk Avenue, Buffalo, NY 14215 Matthew Morse, 1037 Tifft Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 10/20/2014 in the Department of Fire, Division of Fire to the Position of Senior Account Clerk Typist, Permanent at the Minimum Salary of $32,418.00 Barbara Baker, 88 Fennimore Avenue, Buffalo, New York 14215 CERTIFICATE OF APPOINTMENT Appointment effective October 6, 2014 in the Department of Assessment and Taxation to the Position of Junior Data Control Clerk, Contingent Permanent at the First Step of $31,084.00 Helena Tamar Counts, 49 Erskine Avenue, Buffalo, New York 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 2095 N. BYCINA- BUFFALO PUBLIC SCHOOLS CENTRAL REGISTRATION CENTER 2015 SCHOOL CHOICE APPLICATION Contact: 716 - 821 -7560 or nbycina @elb.org and mfrazier @buffaloschools.org to inform of Council meeting date Important: To promote awareness to Buffalo residences regarding on -time BPS school application window which is October 6, 2014 to December 5, 2014 for seat assignments for the 2015 -2016 school year; priority is given to applications submitted on or before the deadline. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 2096 N. HARE - COMMENTS ON CC EDUCATION FORUM SERVICES Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 2097 N. HARE - CONCERNS PARENT INVOLVEMENT IN POLICY AND PROGRAMS IN BFLO SCH DISTRICT Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 2098 J. MASSARO -NOTES FROM BFE COMMITTEE MEETING 9/29/14 Present: Mike Raleigh, Bill Nowak, Ellen Kennedy, Megan Connelly, Rob Galbraith, Jim Anderson, Janet Massaro, Jim Montour (staff) Minutes. Amended: Minutes of all Committee meeting will be filed with Buffalo City Clerk to be included on City Council agenda and official City Council records. Minutes approved as amended. Old Business. The question of including the Buffalo Board of Education in a Buffalo public campaign financing program was not satisfactorily answered. It will be researched further and addressed at next meeting. Elements of NYC Campaign Finance Program. Members gave oral reports on the items each had chosen from the original 13 topics listed. Discussion followed. Most made reference to the NYC CF Law, titled "The Act ", and available on the NYCCFB web site. Many questions remained unanswered and will be researched further at next Committee meeting. Rob discussed NYCCFB as an independent agency, with its own source of funding in the NYC budget, the offices covered and methods of oversight, civil and criminal penalties. Janet covered same areas and included figures from recent NYC budgets. The amount of money allocated to public financing surprised us all. Janet's written report is attached to these minutes. The explanation of "thresholds ", the amount of money and the number of participants needed to qualify as a candidate eligible for public matching funds, needs further clarification. Bill ( ?), Jim Anderson ( ?) will investigate. Megan reported that when meeting threshold amounts, city council candidates are restricted to contributions from district residents. This restriction does not apply to obtaining matching funds for elections. Ellen and Bill were concerned about the definition of "full" v. "limited" candidate participation. Reference was made the NYCCFB explanation given in Handout, "Frequently Asked Questions ". Bill Nowak described the huge amount of staff work needed for filing, record keeping, and setting up a Data Base, all needed for full disclosure. The responsibilities of candidates to NYCCFB, NYC BOE (Board of Elections) and State BOE, and the process for filing forms were discussed. Janet noted that we refer to the NY State Finance Campaign Handbook which contains this information. Mike offered to look into the issue of "doing business" with the city and the operation of the "conflict of interest board ". Ellen suggested that NYC's matching funds program may not be a good fit for Buffalo and that we look into other public financing examples. Jim M. had researched other examples including Albuquerque NM. A handbook describing that system is available to the committee: All members will continue to gather information by reading the Law establishing the NYC CF program. We will reach out to other individuals and groups such as the Brennan Center and Public Campaign (Nick Nyheart). Ellen suggested that a "barebones" plan to work with would help us clarify issues. We should consider outside legal help in crafting a proposal. Jim M. suggested that we contact Dr. ( ?) from UB Law School who has done this before for the City. Megan said we must keep in mind ways of engaging the public as we move forward. She suggested aiming for an end -of- the -year time line for proposing a plan to the Common Council. Lauren George Common Cause NY (filling in until a replacement for fan Hoffman is on board) wants to be kept informed of our activities. A conference call will be set up in the near future with Lauren to which members of the Committee are encouraged to participate. Because of time conflicts, the next meeting date will be October 14, 2014 at 9AM Room 1417 City Hall. Meeting adjourned at 6:25PM. Submitted, Janet Massaro REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2099 M. RICCHIAZZI- ARTICLES - CHARLOTTE, NC BALLPARK - RELATIONSHIP WITH CITY Mr. Chwalinski -- Senator Coppola asked that I file the two articles below -- from the Charlotte Observer, and the Charlotte Business Journal -- with your office to ensure that the Common Council receives a copy prior to their next Finance Committee meeting, a week from yesterday. Sen. Coppola will be making reference to the Charlotte example, as a contrast to how the city has structured its ballpark relationship with the Bisons. Many thanks, Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2100 M. ROMANOWSKI- CONCERNS PROPOSED AMENDMENTS TO LINWOOD HISTORIC PRESERVATION DISTRICT EXPANSION Dear Councilmen: Our firm represents TM Montante Development, LLC ( "TM Montante "), which is currently obtaining necessary approvals for a project that will turn the site of the former Millard Fillmore Gates Circle Hospital complex into a mixed -use development based around residential, retail and commercial uses (the "Project "). We are aware of a pending request by the Linwood Preservation District & Friends ( "LPDF "), first submitted to the City of Buffalo on July 23, 2014, to expand the Linwood Historic Preservation District (the "District ") to include historic properties on Linwood Avenue between West Delavan Avenue and West Ferry Street. TM Montante supports the LPDF's efforts to preserve the existing character of Linwood Avenue. Further, TM Montante does not object to the proposed expansion, which we understand is intended to exclude certain parcels associated with the Project (at 3 Gates Circle and 1277 Delaware Avenue). However, we are concerned that the proposed narrative description of the new boundaries was drafted ambiguously, and does not necessarily reflect the LPDF's intent (as shown on the maps attached to the group's application materials and attached hereto as Exhibit "A "). To avoid future confusion about the boundaries of the District, we are writing to suggest alternative language that resolves the ambiguity and provides a clearer statement of the new boundaries. Below are the proposed Extension Boundaries from the LPDF's submission (dated July 23, 2014 and later amended). Our suggested edits are shown as stFike' s (for deleted text) and italics (for added text): Bounded on the North by the north side lot lines of the properties located at 728 and 729 Linwood Avenue. On the West by the rear property lines of properties fronting Linwood Avenue with Linwood Avenue or Linwood Terrace street addresses on the West side of Linwood Avenue from the — Southwest corner of Linwood Avenue and West Delavan at 728 Linwood through and including 482 Linwood Avenue at the Northwest comer of West Ferry Street and Linwood Avenue. On the East by the rear property lines of properties fronting Linwood Avenue with Linwood Avenue street addresses on the East side of Linwood Avenue from the ^ nrthP ; ; ;t Southeast corner of Linwood Avenue and West Delavan at 729 Linwood Avenue through and including 481 Linwood Avenue at the Northeast comer of West Ferry Street and Linwood Avenue. On the South by the South side lot lines of 482 Linwood Avenue located at the Northwest corner of West Ferry Street and Linwood Avenue and 475 Linwood Avenue located at the Northeast corner of West Ferry Street and Linwood Avenue. The above boundary description includes properties located at 475 Linwood Avenue -729 Linwood Avenue and including 215 -223 Linwood Terrace and excludes 3 Gates Circle and 1277 Delaware Avenue. These proposed changes resolve the ambiguity created by the phrase "fronting Linwood Avenue," which may be interpreted to include any parcel with Linwood Avenue frontage. The 3 Gates Circle and 1277 Delaware Avenue parcels have such frontage, and thus could be interpreted as included within the District, despite the clear intention of the LPDF to exclude those parcels. We also note that at the City of Buffalo Preservation Board's public hearing on the proposed expansion, held on September 4, 2014, Board members acknowledged that the proposed expanded District did not include 3 Gates Circle and 1277 Delaware Avenue. Please do not hesitate to contact me if you have any questions concerning these proposed revisions. We reiterate that TM Montante does not oppose the proposed District expansion - -we merely wish to ensure that the District's new boundaries accurately reflect the LPDF's intent, with no potential for future confusion. We believe the above revisions accomplish that goal. Thank you for your anticipated cooperation and courtesies in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2101 D. SMITH - ARTICLE - CONCERNS RE CATCO CO I would like to file the attached information for the next Common Council Meeting to be held 10- 14 -14. Thank You Copy available for review in the City Clerk's Office REFERRED TO MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE, CITIZENS SERVICES, THE MAYOR AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2102 D. SMITH - ARTICLE - CONCERNS RE CHARTER SCHOOLS I would like to file the attached information for the next Common Council Meeting to be held 10- 14 -14. Thank You The great charter school rip -off: Finally, the truth catches up to education "reform" phonies Fraud, financial mismanagement, lousy results: Reports highlight awful charter schools and people are catching on Last week when former President Bill Clinton meandered onto the topic of charter schools, he mentioned something about an "original bargain" that charters were, according to the reporter for The Huffington Post, "supposed to do a better job of educating students." A writer at Salon called the remark "stunning" because it brought to light the fact that the overwhelming majority of charter schools do no better than traditional public schools. Yet, as the Huffington reporter reminded us, charter schools are rarely shuttered for low academic performance. But what's most remarkable about what Clinton said is how little his statement resembles the truth about how charters have become a reality in so many American communities. In a real "bargaining process," those who bear the consequences of the deal have some say -so on the terms, the deal- makers have to represent themselves honestly (or the deal is off and the negotiating ends), and there are measures in place to ensure everyone involved is held accountable after the deal has been struck. But that's not what's happening in the great charter industry rollout transpiring across the country. Rather than a negotiation over terms, charters are being imposed on communities - either by legislative fiat or well- engineered public policy campaigns. Many charter school operators keep their practices hidden or have been found to be blatantly corrupt. And no one seems to be doing anything to ensure real accountability for these rapidly expanding school operations. Instead of the "bargain" political leaders may have thought they struck with seemingly well- intentioned charter entrepreneurs, what has transpired instead looks more like a raw deal for millions of students, their families, and their communities. And what political leaders ought to be doing - rather than spouting unfounded platitudes, as Clinton did, about "what works" - is putting the brakes on a deal gone bad, ensuring those most affected by charter school rollouts are brought to the bargaining table, and completely renegotiating the terms for governing these schools. Charter Schools As Takeover Operations The "100 percent charter schools" education system in New Orleans that Clinton praised was never presented to the citizens of New Orleans in a negotiation. It was surreptitiously engineered. After Katrina, as NPR recently reported, "an ad hoc coalition of elected leaders and nationally known charter advocates formed," and in "a series of quick decisions," all school employees were fired and the vast majority of the city's schools were handed over to a state entity called the "Recovery School District" which is governed by unelected officials. Only a "few elite schools were ... allowed to maintain their selective admissions." In other words, any bargaining that was done was behind closed doors and at tables where most of the people who were being affected had no seat. Further, any evidence of the improvement of the educational attainment of students in the New Orleans all- charter system is obtainable only by "jukin the stats" or, as the NPR reporter put it, through "a distortion of the curriculum and teaching practice." As Andrea Gabor wrote for Newsweek a year ago, "the current reality of the city's schools should be enough to give pause to even the most passionate charter supporters." Yet now political leaders tout this model for the rest of the country. So school districts that have not had the "benefit," according to Arne Duncan, of a natural disaster like Katrina, are having charter schools imposed on them in blatant power plays. An obvious example is what's currently happening in the York, Pennsylvania. School districts across the state of Pennsylvania are financially troubled due to chronic state underfunding - only 36 percent of K -12 revenue comes from the state, way below national averages - and massive budget cuts imposed by Republican Governor Tom Corbett (the state funds education less than it did in 2008). The state cuts seemed to have been intentionally targeted to hit high - poverty school districts like York City the hardest. After combing through state financial records, a report from the state's school employee union found, "State funding cuts to the most impoverished school districts averaged more than three times the size of the cuts for districts with the lowest average child poverty." The unsurprising results of these cuts has been that in school districts serving low income kids, like York, instruction was cut and scores on state student assessments declined. The York City district was exceptionally strapped, having been hit by $8.4 million in cuts, which prompted class size increases and teacher furloughs. Due to financial difficulties, which the state legislature and Governor Corbett had by- and -large engineered, York was targeted in 2012, along with three other districts, for state takeover by an unelected "recovery official," eerily similar to New Orleans post- Katrina. The "recovery" process for York schools also entailed a "transformation model" with challenging financial and academic targets the district had little chance in reaching, and charter school conversion as a consequence of failure. Now the local school board is being forced to pick a charter provider and make their district the first in the state to hand over the education of all its children to a corporation that will call all the shots and give York's citizens very little say in how their children's schools are run. None of this is happening with the negotiated consent of the citizens of York. The voices of York citizens that have been absent from the bargaining tables are being heard in the streets and in school board meetings. According to a local news outlet, at a recent protest before the city's school board, "a district teacher and father of three students ... presented the board with more than 3,700 signatures of people opposed to a possible conversion of district schools to charter schools," and "a student at the high school also presented the board with a petition signed by more than 260 students opposed to charter conversion." Yet the state official demanding charter takeover remains completely unaltered in his view that this action is "what's bets for our kids." What's important to note is York schools are not necessarily failures academically, as New Jersey -based music teacher and education blogger going by the name Jersey Jazzman stated on his personal blog. Looking at how the districts' students perform on state assessments, he found that academic performance levels were "pretty much where you'd expect them to be" based on the fact that "most of York's schools have student populations where 80 percent or more of the children are in economic disadvantage," and variations in student test score performance almost always correlate strongly with students' financial conditions. He concluded that what was happening to York schools more represents a "long con" in which tax cuts and claims of "budgetary poverty" have prompted a rapacious state government to "declare an educational emergency, and then let edu- vultures ... pick at the bones of a decimated school system." The attack on York City schools is not unique. As an official with the National Education Association recently pointed out on the blog Living in Dialogue, "It's the same story that played out in Detroit, Flint, and Philadelphia where these'chief recovery officers' or 'emergency managers' have all made the same recommendation: to hand over the cities' public schools to the highest private bidder." Then, hiding behind pledges to do "what's best for kids," these operators too often do anything but. Charter Schools Takeover, Corruption Ensues York teachers and parents have good reasons to be wary of charter school takeover. As a new report discloses, charter school officials in their state have defrauded at least $30 million intended for school children since 1997. The report, "Fraud and Financial Mismanagement in Pennsylvania's Charter Schools," was released by three groups, the Center for Popular Democracy, Integrity in Education, and ACTION United. Startling examples of charter school financial malfeasance revealed by the authors -just in Pennsylvania- include an administrator who diverted $2.6 million in school funds to a church property he also operated. Another charter school chief was caught spending millions in school funds to bail out other nonprofits associated with the school. A pair of charter school operators stole more than $900,000 from the school by using fraudulent invoices, and a cyber school entrepreneur diverted $8 million of school funds for houses, a Florida condominium, and an airplane. What's even more alarming is that none of these crimes were detected by state agencies overseeing the schools. As the report clearly documents, every year virtually all! of the state's charter schools are found to be financially sound. The vast majority of fraud was uncovered by whistleblowers and media coverage and not by state auditors who have a history of not effectively detecting or preventing fraud. Pennsylvania spends over a billion dollars a year on charter schools, and the $30 million lost to fraud documented in this study is likely the minimum possible amount. The report authors recommend a moratorium on new charter schools in the state and call on the Attorney General to launch an investigation. The report is a continuation of a study earlier this year that exposed $100 million in taxpayer funds meant for children instead lost to fraud, waste, and abuse by charter schools in 15 states. Now the authors of the study are going state -by- state, beginning with Pennsylvania, to investigate how charter school fraud is spreading. What's happening to York City is not going to help. The two charter operators being considered for that takeover - Mosaica Education, Inc., and Charter Schools USA - have particularly troubling track records. According to a report from Politico, after Mosaica took over the Muskegon Heights, Michigan school system in 2012, "complications soon followed." After massive layoffs, about a quarter of the newly hired teachers quit, and when Mosaica realized they weren't making a profit within two years, they pulled up stakes and went in search of other targets. As for the other candidate in the running, Charter Schools USA, a report from the Florida League of Women Voters produced earlier this year found that charter operation running a real estate racket that diverts taxpayer money for education to private pockets. In Hillsborough County alone, schools owned by Charter Schools USA collaborated with a construction company in Minneapolis, M.N. and a real estate partner called Red Apple Development Company in a scheme to lock in big profits for their operations and saddle county taxpayers with millions of dollars in lease fees every year. In one example, cited by education historian Diane Ravitch, Charter USA's construction company bought a former Verizon call center for $3,750,000, made no discernible exterior changes except removal of the front door and adding a $7,000 canopy, and sold the building as Woodmont Charter School to Red Apple Development for $9,700,000 six months later. Lease fees for the last two years were $1,009,800 and $1,029,996. No wonder York citizens are concerned. What Happened To Charter School Accountability? Charter schools that were supposedly intended to be more "accountable" to the public are turning out to be anything but. As an article for The Nation recently observed, "Charters were supposed to be laboratories for innovation. Instead, they are stunningly opaque." The article, written by author and university professor Pedro Noguera, explained, "Charter schools are frequently not accountable. Indeed, they are stunningly opaque, more black boxes than transparent laboratories for education." Rather than having to show their books, as public schools do, Noguera contended, "Most charters lack financial transparency." As an example, he offered a study of KIPP charter schools, which found that they receive an estimated $6,500 more per pupil in revenues from public or private sources' compared to local school districts." But only a scant portion of that disproportionate funding -just $457 in spending per pupil - could accurately be accounted for "because KIPP does not disclose how it uses money received from private sources. In addition to the difficulties in following the money," Noguero continued, "there is evidence that many charters seek to accept only the least difficult (and therefore the least expensive) students. Even though charter schools are required by law to admit students through lotteries, in many cities, the charters under - enroll the most disadvantaged children." This tendency of charter schools operations provides a double bonus as their student test scores get pushed to higher levels and the public schools surrounding them have to take on disproportionate percentages of high needs students who push their test score results lower. Noguera cited a study showing that traditional schools serving the largest percentages of high -needs students are frequently the first to be branded with the "failure" label. If charter schools are going to have any legitimacy at all, what's required, Noguera concluded is "greater transparency and collaboration with public schools." Fortunately, yet another new report points us in the fight direction. This report, "Public Accountability for Charter Schools," published by the Annenberg Institute for School Reform, "recommends changes to state charter legislation and charter authorizer standards that would reduce student inequities and achieve complete transparency and accountability to the communities served," according to the organization's press release. According to the report, these recommendations are the product of "a working group of grassroots organizers and leaders" from Chicago, Philadelphia, Newark, New York, and other cities, who have "first -hand experience and years of working directly with impacted communities and families, rather than relying only on limited measures such as standardized test scores to assess impact." These new guidelines are intended to address numerous examples of charter school failure to disclose essential information about their operations, including financial information, school discipline policies, student enrollment processes, and efforts to collaborate with public schools. For instance, the report notes that the director of the state Office of Open Records in Pennsylvania, "testified that her office had received 239 appeals in cases where charter schools either rejected or failed to answer requests from the public for information on budgets, payrolls, or student rosters." In Ohio, a charter chain operated by for - profit White Hat Management Company, "takes in more than $60 million in public funding annually.., yet has refused to comply with requests from the governing boards of its own schools for detailed financial reports." In Philadelphia, the report authors found a charter school that made applications for enrollment available "only one day a year, and only to families who attend an open house at a golf club in the Philadelphia suburbs." In New York City, where charter schools are co- located in public school buildings, "public school parents have complained that their students have shorter, recess, fewer library hours, and earlier lunch schedules to better accommodate students enrolled at the co- located charter school." The report quotes a lawsuit filed by the NAACP, which documented public school classrooms "with peeling paint and insufficient resources" made to co- locate with charters that have "new computers, brand -new desks, and up -to -date textbooks." The Annenberg report's policy prescriptions fall into seven categories of "standards," which include: 1. Traditional school districts and charter schools should collaborate to ensure a coordinated approach that serves all children. 2. School governance should be representative and transparent. 3. Charter schools should ensure equal access to interested students and prohibit practices that discourage enrollment or disproportionately push -out enrolled students. 4. Charter school discipline policy should be fair and transparent. 5. All students deserve equitable and adequate school facilities. Districts and charter schools should collaborate to ensure facility arrangements do not disadvantage students in either sector. 6. Online charter schools should be better regulated for quality, transparency and the protection of student data. 7. Monitoring and oversight of charter schools are critical to protect the public interest; they should be strong and fully state funded. Unsurprisingly, the report got an immediate response from the National Alliance for Public Charter Schools, arguing against any regulation on charters. That organization's response cites "remarkable results" as an excuse for why charters should continue to be allowed to skirt public accountability despite the fact they get public money. However, whenever there is close scrutiny of the remarkable results the charter industry loves to crow about, the facts are those results really aren't there. Charter Accountability Now Of course, now that the truth about charter schools is starting to leak out of the comers of the "black box" the industry uses to protect itself, the charter school PR machine is doing everything it can to cover up reality. Beginning with the new school year, the charter school industry has been on a publicity terror with a national campaign claiming to tell "The Truth About Charters" and high dollar promotional appeals in Philadelphia and New York City. But the word is out, and resistance to charter takeovers is stiffening in more places than York. in school systems such as Philadelphia, Bridgeport, Pittsburgh, and Chicago, where charter schools are major providers, parents and local officials have increasingly opposed charter takeovers of their neighborhood schools. A recent poll in Michigan, where the majority of charter operations are for - profit, found that 73 percent of voters want a moratorium on opening any new charter schools until the state department of education and the state legislature conduct a full review of the charter school system. There's little doubt now that the grand bargain Bill Clinton and other leaders thought they were making with charter schools proponents was a raw deal. The deal is off. Jeff Bryant is Director of the Education Opportunity Network, a partnership effort of the Institute for America's Future and the Opportunity to Learn Campaign. Jeff owns a marketing and communications consultancy in Chapel Hill, N.C., and has written extensively about public education policy. About Salon Media Group Salon Media Group (Ticker Symbol: SLNM) operates the pioneering, award - winning news site Salon.com. With an audience of 17.6 million monthly unique visitors, Salon.com covers breaking news, politics, culture, technology and entertainment through investigative reporting, fearless commentary and criticism, and provocative personal essays. As one of the first solely - online major media outlets, Salon is consistently at the forefront of innovation in the media- from community engagement to advertisement -and has bureaus in San Francisco, New York City and Washington, D.C. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 2103 D. SMITH -. STEPHENS- CONCERNS RE ECHDC RFP OUT HARBOR I would like to file the attached information for the next Common Council Meeting to be held 10- 14 -14. Thank You Dear Mayor Brown and Councilmembers: I respectfully urge you to withhold support from the Erie Canal Harbor Development Corporation's ( ECHDC) seriously flawed Preliminary Preferred Plan for the City of Buffalo Outer Harbor. Both the planning process and the plan are seriously flawed and not in the best interests of the City of Buffalo and the region. We can do better. Process: Unfortunately ECHDC's Request for Proposal (RFP) was not posted on their website along with other ECHDC RFPs. The RFP later was obtained from an anonymous source and became available to a few people but not to the general public. By now more than a few people have read the RFP which describes ECHDC's criteria for an Outer Harbor master plan. Please refer to my enclosed issues statement which documents my concerns and information sources. Plan: The plan, as per RFP criteria, has so- called "sustainability" features including residential housing that will compete with existing lakefront and riverfront housing, and also with ongoing downtown residential development. The Outer Harbor does not have existing infrastructure to support housing. It is assumed revenue generated from property taxes and fees will cover operations and maintenance costs for the parkland area. Nowhere do ECHDC or their consultants, Perkins + Will, produce an implementation budget to support their sustainability assumptions. It seems foolish to expect people to live on the Outer Harbor year round. Some of us remember the brouhaha following the suggestion to move the Buffalo Zoo next to the lake. Winters on the Outer Harbor are harsh and extreme. Instead of property tax revenues city- county -state collaborations may support Outer Harbor O & M and future capital improvements. The less built environment, the less O & M will be required. The RFP describes the Outer Harbor project site's evolution from lake water to landfill, with major landfill events beginning in 1890. The plan calls for dramatic re- shaping of Outer Harbor land without identifying what exists in the Outer Harbor landfill. Landfill is not clay. We are aware that toxic pieces of the area have been remediated but are not fully aware of other possible dangers. (Note Town of Wheatfield's recent concerns about Love Canal fill removed years ago and buried in Wheatfield during an expressway construction project.) Environment and ecology concerns are mostly absent from the plan. Since the Outer Harbor is situated on the shores of one of the Great Lakes, the absence of appropriate environmental review appears reckless. Please influence key local and state leaders to revisit the planning process and the plan. Thank you in advance for your action and good intentions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2104 D. SMITH -ERIE BASIN MARINA APPROVED SLIP HOLDER RATES I would like to file the attached information for the next Common Council Meeting to be held 10- 14 -14. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2105 W. VANEVERY- CONCERNS SIDEALKS ON ROTHER AVENUE Buffalo's City Clerk, On September 11, 2014 a group of volunteers from the Wellness Institute of Greater Buffalo and the Response to Love Center conducted a second walkability audit in the Fillmore District. We have summited data for Rother Ave, Stanislaus Street, Sycamore Street, and Kosciuszko Street. Since these audits have been done Sister Rose from The Response to Love Center has fallen on Rother Street by the church due to the broken sidewalk and has broken her arm. We are hoping that the sidewalks and streets make its way into next year's budget as they are so desperately in need of some work for the communities' safety. Are there any updates on future plans for improvement? If so please contact Wendy Van Every at vanevery@city - buffalo.org REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2106 G. YASKOW- ADVERSE LOCATION OF SIDEWALK 945 SENECA Recently, our firm had ordered a survey to understand our property boundaries located at 935 -945 Seneca Street, in order to look into future opportunities for developing a residential structure at this location. After a few months, our surveyors Nussbaumer & Clarke, Inc. informed us that the City of Buffalo's 10' foot allocation for a right -of -way sidewalk, as per the Common Council intentions in its legislation enacted No. 247 (CCP, July 8, 1986) is unfortunately not on the City of Buffalo's designated property, and as such, this misallocation of the sidewalk creates questions of location, ownership of the original 10' allocated strip of land meant for the sidewalk etc. Therefore, our ability to understand our own property boundaries and our rights within are in limbo, as the surveyors took months to verify the proper sidewalk location, and its legal deed language and historic description which remain incorrect to date. Since we purchased this property in 2012 from the City of Buffalo, I would like to propose a solution regarding this above matter: Because this walkway is rarely used, and never shoveled or maintained, including grass cutting for the last several years etc., I request that this Honorable Body approve a measure that would have the City of Buffalo's Common Council abandoned the allocated 10' track of land in the CCP No. 247 from July 08, 1986, and its provisions for the "Right of Way" in order to currently resolve this deed and survey problem. Additionally, I would require a corrective deed from the Division of Real Estate amending transferred title of 945 Seneca Street to Dixon Enterprises Inc. (originally filed on August 08, 2012) with a new legal description attached to SBL: 122.28 -1 -33. Dixon Enterprises Inc. is willing to pay all filing fee associated with this request. Thank you for your kind consideration in this matter. Sincerely, Gerhardt Yaskow, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND TO THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS PETITIONS NO. 2107 R. SMITH III, OWNER, USE 145 BUFFALO RIVER TO ADD USE OF OUTDOOR ENTERTAINMENT AND PERFORMANCES & EVENTS IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (SOUTH)(HRG 10/21) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2108 W. MUJAMAL, OWNER, USE 1266 E. DELAVAN- REESTABLISH A FOOD STORE IN THE GENESEE -EAST DELAVAN BUSINESS DISTRICT (UNIV)(HRG 10/21) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2109 T. NOWLIN, OWNER, USE 1661 HERTEL TO REESTABLISH A TAKE -OUT RESTAURANT IN THE HERTEL AVENUE BUSINESS DISTRICT (DEL)(HRG 10/21) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CLAIMS COMMITTEE (DAVID A. RIVERA, CHAIRPERSON) NO. 2110 PERSONAL INJURY Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Personal Iniury A. 1. Clementi, Dominic $ 15,000.00 A. 2. Edmund, Melissa $ 17,500.00 A 3. Hayes, James $ 18,500.00 A. 4. Harris, Littie $ 5,000.00 A. 5 Landahl, Robert and Gall $ 25,000.00 A. 6. Paterson, Daniel and Rita $ 16,000.00 A. 7. Rashada, Daniel $ 15,000.00 A. 8. Richardson, Patricia and Glen $ 10,000.00 A. 9. Smith, Sandra $ 3,000.00 A. 10. Stoltman, Douglas $375,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and dosing papers. PASSED AYES 9, NOES 0 Items A1, A2, A4, A5, A6, A7, A8, A9, A10 AYES, Fontana, Franczyk, LoCurto, Pridgen, Rivera, Scanlon, Smith, Wyatt -8, NOES, Golombek -1 Item A3 NO. 2111 PROPERTY DAMAGE Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: City of Buffalo, be compromised and settled: Property Damage Prior Fiscal Year Invoices B. 1. Brown, Dennis $ 595.85 B. 2. Chairs & Tables $ 691.65 B. 3. Flare, Inc. $ 150.00 B. 4. Glasco, Charles $ 450.00 B. 5. Gugino, Ashley $ 400.00 B. 6. Hargro, Pearlie Mae $ 297.27 B. 7. Hicks, Tanisha $ 115.00 B. 8. Magierkski, Darlene $ 1,100.00 B. 9. Muhammad, Eartha $ 58.00 B. 10. Nassar, Jenna $ 145.29 B. 11. Paragon Subrogation Services, Inc. $ 1,500.00 B. 12. Pardi, Carmine $ 300.00 B. 13. Payton, Julia $ 1,000.00 B. 14. Pochron, Gary $ 154.22 B. 15. Robinson, Lauris $ 3,000.00 B. 16. Salter, Jim $ 1,000.00 B. 17. Williams, Alphonso $ 385.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and dosing papers. PASSED AYES 9, NOES 0 NO. 2112 PRIOR FISCAL YEAR INVOICES Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Prior Fiscal Year Invoices D. 1. Academy of Fire Services $ 50.00 D. 2. AT &T Information Services $ 3,108.77 D. 3. Ball Toilet & Septic Services $ 673.60 D. 4. Batavia Legal Printing $ 1,674.82 D. 5. Bernard Beupin, M.D. $ 197.31 D. 6. Bison Elevator $ 3,826.96 D. 7. Buffalo Small Animal Hospital $ 3,777.33 D. 8. Denise C. Burger $ 252.00 D. 9. Command Security Corporation $ 11,838.00 D. 10. Vera Dujovic $ 396.00 D. 11. ECMC $ 1,109.70 D. 12. FOIT Albert Associates $ 350.00 D. 13. Goldberg Segalla $ 15,891.00 D. 14. Harbour Place Marina $ 285.00 D. 15. Julius Horvath, D.C. $ 1,094.06 D. 16. Jack W. Hunt Assoc. Inc., $ 371.49 D. 17. Adam Kaufman $ 700.00 D. 18. Marcia M. Langer $ 872.50 D. 19. Eric W. Lawson, Esq $ 52.04 D. 20 Michael S. Lewandowski $ 4,214.90 D. 21. Magma Legal Services $ 687.00 D. 22. Michael Menard $ 400.00 D. 23. Metschl & Associates $ 495.15 D. 24. Modem Landfill $ 276.08 D. 25. Mohawk Track, Inc $ 212.59 D. 26. Orkin LLC $ 161.25 D. 27. Personal Computers, Inc. $ 9,517.00 D. 28. Riverside Towing $ 70.00 D. 29. Rural Metro Services $ 1,158.46 D. 30. Sheila O'Sullivan $ 185.00 D. 31. PACER Service Center $ 99.68 D. 32. Thomas N. Rinaldo $ 3,300.00 D. 33. Jeffrey M. Selchick, Esq. $ 15,212.76 D. 34. TYCO Simplex Grinnell $ 977.70 D. 35. Veritext Coprorate Services, Inc. $ 286.96 D. 36 WNY EMS Associates $ 812.04 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and dosing papers. PASSED AYES 9, NOES 0 NO. 2113 MISCELLANEOUS Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Miscellaneous E. 1. Callahan, Antoine $ 249.00 E. 2. Glinski, Timothy $ 2.00 E. 3. Hall, Ronald $ 765.00 E. 4. Johnson, Denise $ 2.00 E. 5. Pearson, Rinaldo $ 4,100.00 E. 6. Percesepe, Gary $ 350.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and dosing papers. PASSED AYES 9, NOES 0 NO. 2114 FOR DISCUSSION VALENTIN, WENSCESLAO Mr. Rivera moved: That the above item be the same and hereby is Referred to the Water Board ADOPTED CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 2115 APPOINT ACCOUNT CLERK TYPIST (INTER)(PERM)(ROSARIO)(STRAT PLAN) CCP# 1948,14-09/30 Mr. Wyatt moved: That Communication 1948 of Sept 30, 2014, be received and filed and that the Permanent Appointment of Edwin Rosario, 58 Lafayette Ave, Buffalo, NY 14213 at the Intermediate salary of $33,415.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2116 APPOINT ADMINISTRATOR (INTER)(PERM)(SHELL)(PW) CCP# 1964,14-09/30 Mr. Wyatt moved: That Communication 1964 of Sept 30, 2014, be received and filed and that the Permanent Appointment of Jason Shell, 480WoodwardAve, Buffalo, NY 14214 at the Intermediate salary of $67,603.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2117 APPOINT MAINTENANCE ASSISTANT(MAX)(PERM)(KUMRO)(PW) CCP# 1966,14-09/30 Mr. Wyatt moved: That Communication 1965 of Sept 30, 2014, be received and filed and that the Permanent Appointment of Kathleen Kumro, 14 Sibley St, Buffalo, NY 14220 at the Maximum salary of $38,241.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2118 APPOINT SENIOR CLERK(MAX)(PERM)(SOLE)(FIRE) CCP# 1966,14-09/30 Mr. Wyatt moved: That Communication 1966 of Sept 30, 2014, be received and filed and that the Permanent Appointment of Denise Sole, 12 Rosemary, Buffalo, NY 14216 at the Maximum salary of $35,582.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2119 APPOINT CHIEF COMBUSTION INSPECTOR(TEMP)(5 STEP)(BLAKE)(EDPI) CCP# 1971, 14 -09/30 Mr. Wyatt moved: That Communication 1971 of Sept 30, 2014, be received and filed and that the Temporary Appointment of Mark Blake, 158 Dundee St, Buffalo, NY 14220 at the 5 step of $56,142.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2120 APPOINT SUPERVISING BUILDING CODE SPECIALIST(PROV)(5 STEP)(KOSTRZEWA)(EDPI) CCP# 1972,14-09/30 Mr. Wyatt moved: That Communication 1972 of Sept 30 2014 be received and filed and that the Provisional Appointment of Arthur Kostrzewa, 221 Barnard St, Buffalo, NY 14206 at the 5 th step of $59,811.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2121 APPOINT COMPLAINT CLERK SPANISH SPEAKING (PERM)(MAX)(GONZALEZ)(COM SERV) CCP# 1973,14-09/30 Mr. Wyatt moved: That Communication 1973 of Sept 30, 2014, be received and filed and that the Permanent Appointment of Lizbeth Gonzalez, 98 Hennepin St., Buffalo, NY 14206 at the Maximum step of $33,526.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2122 NOTICES OF APPOINTMENTS - TEMP /PROV /PERRN(CTY CLK) CCP# 14, 1982 09/30 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 2123 CONTRACT APPROVAL - FIREFIGHTER PSYCHOLOGICAL EXAM (HR) (ITEM NO. 1747, C.C.P., SEPT. 2, 2014) Mr. Wyatt 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 Department of Human Resources /Civil Service to enter into a contract with Law Enforcement Psychological Associates to conduct the psychological assessments as part of the entry-level firefighter selection process. PASSED AYES — 9 NOES - 0 FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 2124 CITY HALL SECURITY COMMITTEE (POLICE) (ITEM NO. 1733, C.C.P., SEPT. 2, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby adopts the following recommendations from the City Hall Security Committee: That Department Heads should require all City Hall employees to wear their City Hall Identification Cards on their outermost garment, which will make it easier to identify non - employees who may be in areas where they should not be. Department Heads will be held responsible for employee compliance with this Identification Card visibility policy; 2. That City Hall employees are required to immediately report non - employees they see in areas where they should not be to an on -site security officer or to the Building Superintendent's Office by calling 311; 3. That access to City Hall on weekends and holidays will be restricted to those employees who have been granted secure access to the building; and That access to City Hall for public meetings held after normal business hours will be strictly limited to the handicap accessible entrance located on South Elmwood, which will be staffed by an employee who will require all individuals entering and exiting the building to sign in and out. PASSED AYES — 9 NOES - 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 2125 OFFICE SPACE FOR THE INDEPENDENT PRODUCERS(CP) (C.C.P. #14 -298, FEB 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 2126 FOOD STORE LICENSE (NEW) - 1727 GENESEE A/K /A 1733 GENESEE (FII1)(DPIS) (ITEM NO. 1968, C.C.P., SEPT. 30, 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 Larbi Adoui d /b /a The Comer Store located at 1727 Genesee a /k/a 1733 Genesee, upon the following conditions: -Hours of operations shall be 8:00 am to 11:00 pm Sunday- Thursday and 8:30 am to Midnight Friday & Saturday -Must have Working security cameras inside & outside of 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 building -Must have trash receptacles outside store & be maintained -No outside signage advertising tobacco, gambling (lottery), or alcohol -No selling of loose items - cigarettes, diapers, etc. -No payphones outside of store -No blocking of windows -All mechanical equipment must be in working order -Any broken windows must be repaired within 72 hours -No smoking in building -Any graffiti must be removed within 72 hours -No vehicles to be parked on sidewalks PASSED AYES — 9 NOES - 0 NO. 2127 ORDINANCE AMENDMENT - CHAPTER 175 - RESIDENTIAL USER FEES Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Section 175.1 of Chapter 175 of the code of the City of Buffalo, as it relates to residential user fees, be amended as specified in the attached Ordinance Amendment. PASSED AYES — 9 NOES — 0 NO. 2128 ORDINANCE AMENDMENT - CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Section 216 -14 of Chapter VII of Chapter 216 of the Code of the City of Buffalo, as it relates placement of materials for collection, penalties for offenses, be amended as specified in the attached Ordinance Amendment. PASSED AYES — 9 NOES — 0 NO. 2129 D. PRIDGEN- ENHANCED GUN VIOLENCE REDUCTION PROGRAM C.C.P. #13 -55, JAN 22) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 2130 M. CAPUTI, OWNER, TO USE 1854 HERTEL TO REESTABLISH RESTRICTED USE OF A RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (UNIV)(DPIS) (ITEM NO. 1995, C.C.P., SEPT. 30, 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 -59F of the City of Buffalo Code, the Common Council to approves the application of M. Caputi, Owner, to reestablish use of a restaurant and reestablish an existing outdoor patio double the original length, located at 1854 Hertel Avenue in the Hertel Avenue Special Zoning District. PASSED AYES — 9 NOES — 0 NO. 2131 S. HELAL IDDIN, OWNER, TO USE 1305 BAILEY TO REESTABLISH RESTRICTED USE OF A RESTAURANT IN THE LOVEJOY SPECIAL ZONING DISTRICT (LOV)(DPIS) (ITEM NO. 1996— C.C.P., SEPT. 30, 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 -68.5 F(1) of the City of Buffalo Code, the Common Council to approves the application of S. Helal Iddin, Owner, to reestablish use of a restaurant, located at 1305 Bailey in the Lovejoy Special Zoning District with the following conditions: -No Sale of Blunt Cigars -No sale of beer & alcohol -No sale of choreboy or similar metal scrubbing pads -No sale of glass pens & tubes -No sale of single razor blades or packs -No sale of drug paraphernalia -No sale of loose cigarettes PASSED W /COND AYES — 9 NOES - 0 NO. 2132 C. CANCILLA, OWNER, TO USE 55 LEE TO ERECT A ONE -STORY STRUCTURAL STEEI AND STEEL MANUFACTURING BUILDING TO A LOT IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (FILL)(DPIS) (ITEM NO. 1997, C.C.P., SEPT. 30, 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 -67 A(4) of the City of Buffalo Code, the Common Council hereby approves the application of C. Cancilla, Owner, to use 55 Lee to erect a one -story steel and steel manufacturing building to a lot with existing manufacturing and storage, and accessory offices and parking, located in the Buffalo Coastal Special Review District. PASSED AYES — 9 NOES - 0 NO. 2133 K. BAMASHUK, AGENT. TO USE 533 NORTHAMPTON TO ERECT A MONOPOLE CELL TOWER (ELL)(DPIS) (ITEM NO. 1998, C.C.P, SEPT. 30, 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 K. Bamashuk, Agent, to erect a monopole cell tower to a lot in a R2 district, located at 533 Northampton. PASSED AYES — 9 NOES - 0 NO. 2134 M. CROCE, OWNER, TO USE 251 FRANKLIN TO ERECT A LED NON - ACCESSORY SIGN AND ACCESSORY ILLUMINATED BOX SIGN TO A RESTAURANT (EII)(DPIS) (ITEM NO. 1999, C.C.P., SEPT. 30, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of M. Croce, Owner, to erect an LED non - accessory sign and an accessory illuminated box sign to a restaurant /night club, located at 251 Franklin Street. PASSED AYES — 9 NOES — 0 NO. 2135 V. CALL, OWNER, TO USE 1456 HERTEL TO EXPAND A SIT -IN RESTAURANT INTO A FIRST FLOOR APARTMENT IN THE HERTEL AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 2000, C.C.P., SEPT. 30, 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 V. Call, Owner, to expand a sit -in restaurant into a rear first floor apartment, located at 1455 Hertel Avenue in the Hertel Avenue Business District. PASSED AYES — 9 NOES — 0 NO. 2136 P. STRADA, AGENT, TO USE 232 FOREST FOR A FREE - STANDING SIGN (NORTH)(DEIS) (ITEM NO. 2001, C.C.P., SEPT. 30, 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 P. Strada, Agent, to install a free - standing pole sign to a lot for a store, located at 232 Forest. PASSED AYES — 9 NOES — 0 NO. 2137 M. CAPUTI & O- SUPPORT FOR DAILY PLANET COFFEE 1862 HERTEL (C.C.P. #14 -2003, SEPT 30) Mr. Scanlon now moves that the above item be Received and File& ADOPTED NO. 2138 F. YANG, AGENT, TO USE 2042 SOUTH PARK TO RE- ESTABLISH USE OF A RESTAURANT IN THE SOUTH PARK SPECIAL DISTRICT (SOUTH)(DPIS) (ITEM NO. 1647, 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 Common Council hereby approves the application of. Yang, Agent, to reestablish use of a restaurant located at 2042 South Park in the South Park Special District. PASSED AYES — 9 NOES — 0 N *161X1111161011.1 BY MR. FONTANA NO. 2139 RESCINDING UNISSUED BOND AUTHORIZATIONS BY REPEALING VARIOUS BOND RESOLUTIONS PREVIOUSLY ADOPTED Bond Resolution of the City of Buffalo, New York, repealing various bond resolutions previously adopted on their respective dates. Whereas, this Common Council has therefore duly authorized the issuance of the bonds to finance the cost of various capital projects pursuant to the Bond Resolution listed on the attached schedule; and Whereas, the financing of such capital projects pursuant to the remaining Bond Resolutions has been either cancelled or completed through the issuance of bonds pursuant to such Bond Resolutions and there remain unissued authorizations which should be repealed for each such Bond Resolution; and Whereas, it is now appropriate to repeal such remaining Bond Resolutions; The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves as follows: Section (A) The Bond Resolutions as shown in the schedule below, duly adopted by this Common Council on their respective dates as shown on the attached schedule under column A, are hereby repealed, except to the extent that any indebtedness shall already have been contracted or encumbrances made thereunder. A B C D E DATE IT —vI ORIGINAL UNISSUED PASSED NUMBER AMOUNT TITLE AMOUNT 02/07/06 114 $ 1,250,000 Construction of Outer Harbor Trail -Phase II $ 1,010,000 02/07/06 115 2,000,000 Rehabilitation of CN Rail Bridge 1,800,000 02/07/06 116 2,375,000 improvement to Ellicott Gateway (BNMC) 1,940,000 03/06/07 128 600,000 Reconstruction of Main Street - Phase II 600,000 $ 6,225,000 $ 5,350,000 Section (B) This Resolution shall take effect immediately upon approval by the Mayor in accordance with Section 3 8 of the Charter of the City of Buffalo. Introduced: PASSED AYES — 9 NOES — 0 NO. 2140 BY: MR. FONTANA TRANSFER OF FUNDS MICHIGAN ARCHWAY STUDY That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: FROM 30000106 - 445100 City Capital Planning $20,000 TO 30310006 - 445500 Michigan Archway Study $20,000 PASSED AYES — 9 NOES — 0 NO. 2141 BY COUNCIL MEMBER FONTANA INSTITUTING FINES AIMED AT STORES SELLING UNTAXED CIGARETTES Whereas, unless packaged individually by the manufacturer, the sale of singular cigarettes is restricted by the Food and Drug Administration; Whereas, the FDA strictly states that tobacco vendors "Do NOT break open cigarette or smokeless tobacco packages to sell products in smaller amounts" and "Do NOT sell single cigarettes, also called loosies "; Whereas, individual cigarettes are often sold to minors, a violation of New York State's Adolescent Tobacco Use Prevention Act (ATUPA); Whereas, tobacco vendors are purchasing and reselling untaxed cigarettes from neighboring Native American reservations as a form of tax evasion and revenue padding; and Whereas, As a way to combat these issues facing our community the Common Council hereby seeks to impose new fines for the sale of untaxed and individually -sold cigarettes in retail stores throughout The City of Buffalo: Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Requests that the Buffalo Police Department, Law Department and Department of Permits & Inspection Services research the feasibility of instituting a fine of $10,000 per- incident to stores for selling untaxed and individual cigarettes; 2) Directs the City Clerk to forward copies of this resolution to the following City of Buffalo Departments: Law, Permits & Inspection Services & Police; 3) Shall refer this item to the Legislation Committee for further discussion. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 2142 BY FILLMORE DISTRICT COUNCIL MEMBER DAVID A. FRANCZYK WAIVE SPECIAL EVENT FEE AND MOTORCADE FEE FOR THE 2014 CROP WALK Whereas: On Saturday, October 18 2014, the fifth annual Crop Walk will take place beginning at 10:00 AM at Resurrection Lutheran Church located at 3 Doat Street ; and Whereas: This family friendly event supports the anti - hunger efforts of the Resurrection Village Food Pantry and global work of CWS; and Whereas: This year, walks like this around the country will share close to 53 million with food banks, pantries, and community gardens. Up to 25% of that will be returned to hunger- fighting programs in their own community. Now, Therefore Be It Resolved: That the Common Council hereby requests that the Department of Special Events waive the necessary fees associated with the Crop Walk and the Police Department waive the motorcade fee; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Buffalo Police Department. PASSED AYES — 9 NOES — 0 NO. 2143 BY: COUNCILMEMBER SCANLON SET PUBLIC HEARING FOR REVOCABLE LICENSE AGREEMENT OF A PORTION OF THE SOUTH MICHIGAN AVENUE RIGHT OF WAY 50' WIDE BY 497.5' WIDE TO GENERAL MILLS PROPERTIES, INC. WHEREAS: The City of Buffalo Office of Strategic Planning has received a request from General Mills Properties, Inc. and approved by the Office of Strategic Planning to enter into a revocable license agreement for a 50' wide by 4975 long portion of South Michigan Avenue Right of Way; and WHEREAS: General Mills Properties, Inc. has agreed to pay $3,280.00 as an annual license fee for the 50' wide by 4975 long portion of the South Michigan Avenue Right of Way; and The Revocable License Agreement and results of negotiations have been submitted to the Common Council for approval, in accordance with Article 27.5 of the City Charter, pending a Public Hearing; and Because standard abandonment procedures are being followed under these unique circumstances and in accordance with standard abandonment procedures, it requires that a five day notice of a public hearing to be marked "Notice of Hearing" with reference to such revocable license agreement shall be published at least once in an official publication of said city or in a newspaper of general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22nd day of October 2014; and. Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 28th of October 2014. ADOPTED NO. 2144 SPONSORS: CHRISTOPHER P. SCANLON CREATE CHECKBOX FOR REPORTING VACANT PROPERTIES USING MAYOR'S CALL AND RESOLUTION CENTER (311) WHEREAS, The City of Buffalo is currently experiencing an unprecedented economic renaissance that includes multimillion dollar development projects, job creation and a population stabilization /increase for the first time in decades; and WHEREAS, Despite this resurgence, the city continues to face hurdles. Arguably one of the largest problems the city must deal with is the seemingly endless amount of vacant properties that plague almost every neighborhood throughout Buffalo; and WHEREAS, These properties are quickly deteriorating, attracting illegal activity and decreasing the value of surrounding inhabited properties, creating a nightmare for residents; and WHEREAS, Mayor Byron Brown, the Department of Permits and Inspections and Buffalo Common Councilmembers are all committed to addressing and combatting the issue of vacant properties, whether they are owned by absentee owners, banks or slumlords; and WHEREAS, One of the major challenges presented when creating a master plan to attack these properties is that there is currently no citywide master list of vacant properties; and WHEREAS, If a master list were to exist, identifying the proper owner and holding them accountable would be a much more surmountable task; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council respectfully requests the Mayor's Call and Resolution Center (311) create a checkbox within 311 to report vacant properties; and BE IT FURTHER RESOLVED, That the City Clerk forward copies of this resolution to the Honorable Byron W. Brown, the Department of Permits and Inspections and Mayor's Call and Resolution Center (311). ADOPTED NO. 2145 BY COUNCIL MEMBER RASHEED N. C. WYATT, COUNCILMEMBERS FONTANA, SMITH AND PRIDGEN BAILEY AVENUE TRAFFIC STUDY Whereas Bailey Avenue is heavily traveled with vehicular and pedestrian traffic entering and existing the City of Buffalo. It serves as a major thorough fare for access to and from Williamsville, Amherst, Cheektowaga, and other localities. Moreover, it is well traveled by bicyclists and pedestrians who frequent the commercial corridor; and Whereas Bailey Avenue during high peak periods, such as rush hour, there is an excessive amount of traffic that congests and presents challenges for pedestrians and motorist. The traffic speed on Bailey Avenue tends to exceed the proposed city speed limits, and coupled with the congestion creates a higher risk of accidents. The incidents of vehicle speeding on Bailey Avenue has been a major concern of businesses and residents for several years without resolution and is now calling on the city for intervention; and Whereas With the newly built Buffalo Promise Neighborhood Children's Academy it becomes even more important to be attentive to safety, and traffic volumes. One hundred and fifty children will be educated at this $3.5 million dollar academy. The academy is located across the street to the Westminster Community Charter School which adds greatly to the concerns of parents, businesses and residents as it relates to traffic volumes, speed and pedestrian safety: Now, Therefore, Be It Resolved that The City of Buffalo Common Council- - Request the Department of Public Works to conduct a traffic study of Bailey Avenue to calm traffic, synchronize signals to improve flow, turn directional signals, cross walks and pedestrian safety in accordance to City ordinances, and report back to the Common Council with its findings within 120 days. Rasheed N.C. Wyatt ADOPTED NO. 2146 BY MR. WYATT BUDGET AND PERSONNEL AMENDMENT 03- EXECUTIVE 1501 - EXECUTIVE OFFICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 -1501- Executive Office which currently reads: 1 Special Assistant to the Mayor II $57,681 Is hereby amended to read: 1 Special Assistant to the Mayor II $62,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. Furthermore, we, Bryon W. Brown, Mayor, and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES — 9 NOES - 0 NO. 2147 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Louisa Kowalski Christina Pugh Total: 2 ADOPTED NO. 2148 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. Jessica Carrasquillo TOTAL:1 ADOPTED NO. 2149 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 21, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, October 21, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev Tuesday, October 21, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 21, 2014 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation b7 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. 2150 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 2:49 pm GERALD A. CHWAL1 NSKI CITY CLERK