The URL can be used to link to this page

Home My WebLink About14-1112NO. 21 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 12, 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 November 12, 2014 FINAL MAYOR 2256- 1. 2015 Capital Budget Recommendations & 2015 -19 Capital Improv Prog Recomm COW MAYOR - EXECUTIVE 2257- 2. Cit Serv- Submission of Monthly Report- October 2014 R &F 2258- 3. Strat Plan -Report of Sale -186 Chicago & 83 Fulton(Fill) CD 2259- 4. Report of Sale -405 Grider(Mas) CD 2260- 5. Strat Plan- Request for Approval of Municipal Resolution to Apply for NY Works Funds 1318 Niagara St Remediation(Nia) APP COMPTROLLER 2261 5A. 2015 Capital Budget Recommendations COW 2262- 6. Audit Report on Payroll Procedures -Water R &F 2263- 7. Costs of Refunding 2005A Bonds Not Fiscally Prudent R &F 2264- 8. Appoint Assistant Auditor(Temp)(Inter)(Trigilio) CS 2265- 9. Appoint Data Control Clerk(Temp)(Inter)(Hinson) CS PUBLIC WORKS 2266- 10. Agmt Btwn COB and Bflo PI for Continued and Increased Payments by City For Expanded Services by Bflo PI CD 2267- 11. Cazenovia St Bridge Over Cazenovia Creek Emergency Rocker Bearing Repairs APP 2268- 12. Change in Contract -City Court Women's Holding Ctr(Ell) APP 2269- 13. Change in Contract -Destro Bros Construction -Gill Ally Restoration APP 2270- 14. Change in Contract - Dudley Library Partial Reconstruction(South) APP 2271- 15. Change in Contract - Historical Society Electrical(North) APP 2272- 16. Increase in Encumbrance -Watts Architecture Improvements to Walden, Manhattan & Schiller Park APP 2273- 17. Permission to Enter Agmt- Kenmore Ave Reconstruction(Univ) APP 2274- 18. Permission to Enter Agmt With NYSDOT -NY Gateway Connection to Peace Bridge Plaza Project APP 2275- 19. Permission to Hire Consultant -City Owned Ice Rinks(Various) APP 2276- 20. Permission to Hire Consultant- District Heat Steam Boiler Repl(Ell & Fill) APP 2277- 21. Permission to Engage Services -CDBG Streets and Sidewalks (Citywide) APP 2278- 22. Permission to Hire Consultant- LaSalle Park Improvements(Ell) APP 2279- 23. Permission to Hire Consultants- Safety Improvement Project - Parkside Ave(Del) APP 2280- 24. Permission to Hire Consultant -Public Facilities Imp - Autumnwood CC APP 2281- 25. Permission to Hire Consultant -Public Facilities Imp - Gloria Parks CC(Univ) APP 2282- 26. Permission to Hire Consultant -Public Facilities Imp- Hennepin Park(Lov) APP 2283- 27. Permission to Hire Consultant -Public Facilities Imp- NWBCC(North) APP 2284- 28. Report of Bids -Gates Circle Reconst - Delaware at Lafayette(Del) APP 2285- 29. Appoint Electrician(Prov)(Inter)(Kaiser) CS 2286- 30. Appoint Equipment Operator(Prov)(l1"' Step)(Persico) CS 2287- 31. Appoint Laborer II(Perm)(l1"' Step)(Stief) CS POLICE 2288- 32. Appoint Report Technician(Spanish Spkg)(Perm)(2 d Step)(Gonzalez) CS PERMITS AND INSPECTIONS 2289- 33. Food Store License(New) -1105 Broadway(Fill) LEG 2290- 34. Food Store License(New) -375 Michigan(Ell) LEG 2291- 34A Food Store License(New) -927 Tonanwanda(North) APP 2292- 35. Mobile Food Truck -67 Thorton(New)(Univ) LEG 2293 36. Restaurant Dance License -75 Main St(New)(Fill) APP CITY CLERK 2294- 37. Items returned by Mayor without Approval/Disapproval R &F 2295- 38. Liquor License Applications R &F 2296- 39. Leaves of Absence R &F 2297- 40. Notices of Appointments- Council Interns ADOPT 2298- 41. Notices of Appointment - Seasonal R &F 2299- 42. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 2300- 43. Buffalo Wtr Bd- Monthly Report September 2014 R &F 2301- 44. K. Frazier - General Project Plan Public Hearing Erie Canal Harbor Dev WTRFRT 2302- 45. L. Harden - LaSalle Park on the Waterfront WTRFRT 2303- 46. M. Kearns -Letter to NYSDOT Re: Skyway Study R &F 2304- 47. Lipsitz & Ponterio, LLC- Statement of Bflo Ch of the National Lawyers Guild Police O/S Committee R &F 2305- 48. J. Mascia -BMHA Staff Skills Assessment Report R &F 2306- 49. McGuire Dev -Req Preliminary Layout Approval Pilgrim Village Residential Complex(08 /29/2014) LEG 2307- 50. McGuire Dev- Request Site Plan Approval -Mixed Use Dev- Pilgrim Village Residential Project(09 /24/2014) LEG 2308- 51. SEQR - Negative Declaration - Pilgrim Village LEG 2309- 52. C. Scanlon- Letters of Support-Bflo Nia Riverkeeper's Plan for Outer Harbor WTRFRT 2310- 53. D. Smith - League of Women Voters of Bflo/Nia Concerns Actions Undertaken by the EC Harbor Dev Corp WTRFRT 2311- 54. J. Walkowski -NYS Office of Parks- Supports Expanding Linwood Historic Preservation District LEG PETITIONS 2312- 55. S. Alwishah, Owner, Use 1900 Hertel to Reopen a Takeout Restaurant in the Hertel Ave Special Zoning District(Univ)(hrg 11/18) LEG,CPBD 2313- 56. R. Johnson, Agent, Use 1580 Genesee for a Freestanding Sign(Fill)(no hrg) LEG,CPBD RESOLUTIONS 2352- 57. Fontana Waive Fees City Stage Back to Basics Outreach Ministries APP 2353- 58. Pridgen All Boats Rise - Minority and Women -Owned Business Enterprise Task Force ADOPT 2354- 59. Pridgen Strategic Plan for Fruit Belt Neighborhood ADOPT 2355- 59AB Scanlon Urge COB PW to Consider Instituting W/E Hours at CC ADOPT 2356- 59AC Scanlon Waive Event Fees 13"' Annual Christmas in the Park APP 2357- 59AD Smith Excuse Councilmember Pridgen From Council Meeting 11/12/2014 ADOPT 2358- 59A Smith,etc Request State Approved Grant Funds for Lafayette HS ADOPT 2359- 59B Wyatt Kensington Ave Traffic Study ADOPT 2360- 60. Wyatt Comm of Deeds -Public Duties ADOPT 2361- 61. 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 CIVIL SERVICE 2314- 1. 14 -2158 Com Oct 28 Appoint Chief Information Officer(Exempt)(Barnes)(MIS) R &F 2315- 2. 14 -2174 Com Oct 28 Appoint Account Clerk Typist (Inter)(Hampton)(Perm)(PW) APP 2316- 3. 14 -2175 Com Oct 28 Appoint Fleet Coordinator(5"' Step)(Mazur)(Perm)(PW) APP 2317 4. 14 -2176 Com Oct 28 Appoint Motor Equipment Mechanic(5"' Step)(Nelson)(Perm)(PW) APP 2318- 5. 14 -2198 Com Oct 28 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F FINANCE Constr on Bird Avenue R &F 2326- 13. 14 -1251 No June 10 2319 6. 14 -2249 Res Oct 28 Bond Resolution -North Buffalo Rails to Trails(Fontana) APP 2320- 7. 14 -1715 Com Sept 2 Permission to Hire Consultant -Coca Cola J. McDonald- Review of Air Quality and Asthma Issues at Peace Bridge Field Rehab(Amended)(PWW) RECOMMIT COMMUNITY DEVELOPMENT 2321- 8. 14 -2151 Com Oct 28 Rescind Sale & Forfeit Deposit -1606 Jefferson(Mas)(Strat Plan) RECOMMIT 2322- 9. 14 -2156 Com Oct 28 Transfer of 770 Ellicott, 225 and 252 Allen to the COB(Strat Plan) RECOMMIT 2323- 10. 14 -1985 No Sept 30 D. Funke- Concerns Outer Harbor Public Meeting R &F 2324- 11. 14 -1582 Com July 22 Response for BSA's Construction on Bird Ave and Lang Ave Projects(BSA) - R &F 2325- 12. 14 -1609 No July 22 D. Pridgen -J. Gardella- Review of Environmental Issue Relating to BSA Constr on Bird Avenue R &F 2326- 13. 14 -1251 No June 10 D. Rivera - Article -Green Infrastructure to Mitigate Pollution R &F 2327- 14. 14 -596 No Mar 18 D. Rivera -S. Hoyt -Peace Bridge Projects and Health Concerns R &F 2328- 15. 12 -68 No Oct 2 J. McDonald- Review of Air Quality and Asthma Issues at Peace Bridge Plaza ( #47,9/18) R &F LEGISLATION 2329- 16. 14 -2182 Com Oct 28 Restaurant Dance License(New) -427 Elmwood(Nia)(EDPI) DENY 2330 17. 14 -2187 Com Oct 28 Application for Restricted Use Permit -69 W. Chippewa (11 /13 /2014)(Ell)CtyClk) DENY 2331- 18. 14 -2188 Com Oct 28 Application for Restricted Use Permit -69 W. Chippewa (11 /20 /2014)(Ell)(CtyClk) APP 2332- 19. 14 -2189 Com Oct 28 Application for Restricted Use Permit -69 W. Chippewa (12 /04 /2014)(Ell)(CtyClk) APP 2333- 20. 14 -2207 No Oct 28 A. Rexhepi, Agent, Use 2422 South Park for a Take Out Restaurant(hrg 11 /5)(South) APP 2334- 21. 14 -2208 No Oct 28 R. Johnson, Owner, Use 1177 Abbott Rd to Reopen an Existing Restaurant(hrg 11 /5)(South) APP 2335- 22. 14 -2209 No Oct 28 J. Czerniak, Agent, Use 220 Allen St. to Re- Establish a Take Out Restaurant In the Allen St. Special District(hrg 11 /5)(Fill) APP 2336- 23. 14 -2210 No Oct 28 B. Nelson, Agent, Use 1535 Hertel for a Mixed Use and Use of a Tasting Room(hrg 11 /5)(Del) APP 2337.- 24. 14 -2211 No Oct 28 M. Croce, Owner, Use 217 Delaware Ave for 2 Non Accessory Pole Signs(hrg 11 /5)(Ell) APP 2338. 25. 14 -2212 No Oct 28 M. Croce, Owner, Use 196 Franklin for a LED Pole Sign(hrg 11 /5)(Ell)_APP 2339- 26. 14 -2213 No Oct 28 M. Croce, Owner, Use 279 Franklin for a Non Accessory LED Pole Sign(hrg 11 /5)(Ell) APP 2340- 27. 14 -2214 No Oct 28 M. Croce, Owner, Use 690 Main St for 2 Non Accessory Pole Signs(hrg 11 /5)(Ell) APP 2341- 28. 14 -2215 No Oct 28 M. Croce, Owner, Use 79 Mohawk W. for 2 Non Accessory LED Pole Signs(hrg 11 /5)(Ell) APP 2342- 29. 14 -2216 No Oct 28 M. Croce, Owner, Use 85 Mohawk W. for a Non Accessory LED Pole Sign (hrg 11 /5)(Ell) APP 2343- 30. 14 -2217 No Oct 28 M. Croce, Owner, Use 406 Pearl St for 2 Non Accessory LED Pole Signs(hrg 11 /5)(Ell) APP 2344- 31. 14 -2218 No Oct 28 M. Croce, Owner, Use 432 Pearl St for a Non Accessory LED Pole Sign(hrg 11 /5)(Ell) APP 2345- 32. 14 -2219 No Oct 28 M. Croce, Owner, use 478 Pearl St for a Non Accessory LED Pole Sign(hrg 11 /5)(Ell) APP 2346- 33. 14 -2220 No Oct 28 M. Croce, Owner, Use 297 Washington for a Non Accessory Pole Sign(hrg 11 /5)(Ell) APP 2347- 34. 14 -2237 No Oct 28 Revocable License Agmt Btwn COB and General Mills Properties Inc. for Portion of S. Michigan Ave ROW(Strat Plan)(South)(Hrg 10/28) APP 2348- 35. 14 -2086 Com Oct 14 Food Store(New) 1086 Broadway(Fill)(EDPI) APP W /COND 2349- 36. 14 -2002 No Sept 30 D. Hall, Agent, Use 617 W. Delavan to Rezone From a R2 to a EB so that Parcel may be Merged with 905 Elmwood(Del)(Hrg 10/21) APP SPECIAL COMMITTEES POLICE OVERSIGHT 2350 37. 14 -1930 Res Sept 16 GPS Technology Aims to Reduce # of High Speed Police Pursuits(exc res) R &F 2351- 38. No 33 Com April 13 D. Smith -Crime in the City of Buffalo R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO WEDNESDAY, NOVEMBER 12, 2014 AT 2:00 P.M. Present —David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Smith, Wyatt— 8 Absent -- Darius G. Pridgen, President of the Council - 1 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on October 28, 2014 were approved FROM THE MAYOR NO. 2266 2016 CAPITAL BUDGET RECOMMENDATIONS & 2016 -2019 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS In accordance with §20 -24 of the City Charter, attached please find my recommended 2015 City of Buffalo Capital Budget and 2015 -2019 Capital Improvements Program. The 2015 Capital Budget consists of $26,034,053.00 in funding for City of Buffalo projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC). My administration is greatly appreciative of the difficult task performed by the CPC in evaluating more than $68 million in requests. As evidenced by the attached budget, I have adhered closely to the recommendations of the CPC and this Capital Budget conforms to my ongoing commitment to prudent capital spending for "shovel- ready" projects and critical public safety needs. My recommended Capital Budget contains a wide variety of items, including $6 million dedicated to much - needed infrastructure improvements. I have also recommended improvements for Arts and Cultural Organizations, including $267,500.00 in funding for the Buffalo Zoo's Reptile House Roof Replacement and $205,440.00 for the Stage utilized by Shakespeare in Delaware Park. My continuing commitment to public safety is evidenced by $2,113,250.00 dedicated to the purchase of state -of- the -art Fire Apparatus. The City's $26,034,053.00 in capital funding is further highlighted by: • Citywide Infrastructure Reconstruction: $ 6,000,000.00 - Including $2,050,000.00 for Council District - Specific Projects • Parks Improvements (Schiller Park, LaSalle Park) $ 674,100.00 • Citywide Demolitions and Building Code Compliance $ 2,500,000.00 • Municipal Building Improvements $ 3,224,407.00 - Apollo Media Center Marquee -City Court - Kleinhans Music Hall • Division of Streets Vehicles $ 500,000.00 • Highland Park Road Construction Phase 1 $1,219,800.00 (Former Central Park Plaza Area) • Genesee Gateway Improvements $ 802,500.00 • Arts & Cultural Organizations including: $1,601,291.00 - Monument Restoration - Citywide Libraries - Buffalo Museum of Science - Delaware Park Stage (Shakespeare in Delaware Park) - Allendale Theater (Theatre of Youth) - Buffalo Zoo • Coca -Cola Field (Downtown Ball Park) Improvements $ 500,000.00 • Citywide Bridge Rehabilitation $ 500.000.00 -Elk Street Bridge -Ohio Street Bridge -South Park Loop Bridge • Kenmore Ave. Reconstruction $ 449,400.00 • Niagara St. Gateway Phases 2, 4 $1,444,500.00 • Buffalo Niagara Medical Campus Phase 3 $1,091,400.00 • Shoreline Trail Rehabilitation $ 428,000.00 • Erie Basin Marina Rehabilitation $ 535,000.00 My administration is available to meet with Your Honorable Body should you wish. Thank you for your consideration. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE MAYOR — EXECUTIVE DEPARTMENT FROM THE OFFICE CITIZEN SERVICES NO. 2257 SUBMISSION OF MONTHLY REPORT FOR OCTOBER 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 October 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. 2258 REPORT OF SALE -186 CHICAGO & 83 FULTON(FILL) Report of Sale 186 Chicago - Vacant Lot South Cor Fulton Lot Size: 28'x 1 00' Assessed Value: $2,300 (Fillmore District) Report of Sale 83 Fulton - Vacant Lot 1 00' West Chicago Lot Size: 33'x 102' Assessed Value: $1,700 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William J. Jones on behalf of Chicago Fire, LLC, 726 Exchange Street, Buffalo, New York 14210 to purchase 186 Chicago and 83 Fulton. Mr. Jones owns property in the surrounding area. Chicago Fire, LLC would like to purchase 83 Fulton for parking and 186 Chicago to be used for the sole purpose of creating a park -like setting adjacent to their adjoining properties. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of this property on the following conditions: 1. The property at 186 Chicago shall not be paved and /or used for any kind of off - street parking purposes for a period of five (5) years or until such time the new Green Code goes into effect. 2. The property at 186 Chicago shall be subject to all of the Green Code regulations. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar Fifteen Cents ($1.15) per square foot. Mr. Jones and Chicago Fire, LLC have agreed and are prepared to pay One Dollar and Seven Cents ($1.07) per square foot for 186 Chicago and Ninety Cents ($.90) per square foot for 83 Fulton for a total of Six Thousand Dollars ($6,000) for the above referenced properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 186 Chicago and 83 Fulton for the amount of Six Thousand Dollars ($6,000) to Chicago Fire, 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2259 REPORT OF SALE -405 GRIDER(MAS) Report of Sale 405 Grider, Vacant Lot East Side, 170' North of Litchfield Lot Size: 40'x 125' Assessed Valuation: $5,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Melanie Marotto, Esq. on behalf of the Grider Community Gardens, LLC, 462 Grider Street, Buffalo, New York 14215 to purchase 405 Grider. The Grider Community Gardens owns the vacant lots at 431,429, 425, 421,419 & 415 Grider. They would like to purchase the city owned lot which is located 3 lots down from the property they own at 415 Grider. They intend to purchase the lot in order to beautify, use for community green space and future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Eighty -Five Cents ($85) per square foot. Grider Community Gardens has agreed and is prepared to pay Four Thousand Two Hundred Dollars ($4,200), Eighty -Four Cents (.84) 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 405 Grider in the amount of Four Thousand Two Hundred Dollars ($4,200) to Grider Community Gardens. 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. 2260 1318 NIAGARA STREET REMEDIATION REQUEST FOR APPROVAL OF MUNICAPAL RESOLUTION TO APPLY FOR NEW YORK WORKS FUNDS TO COMPLETE REMEDIATION PRIOR COUNCIL REFERENCE: item # 6 CCP May 11, 2009 The City of Buffalo was awarded a State Assistance Contract (SAC) to undertake the Investigation /remediation at the 1318 Niagara Street property. This project was undertaken with grant funds from the NYSDEC Environmental Restoration Program (ERP), which has since expired. The NYSDEC has decided to use NYWII funding to complete certain ERP remediation projects for sites NYSDEC approved Record of Decisions. The NYSDEC has approved the 1318 Niagara Street Site to be eligible for additional funds to complete the site remediation. The City is the current owner of the property. The estimated cost to complete the remaining remediation is $1,010,000. The grant will permit the City of Buffalo to be reimbursed for 90% of the allowable costs of the project. Upon the future sale of the property the proceeds from the sale or lease of the property will be distributed in the following sequence: • The City retains the amount it has spent for acquisition of the property (including back taxes owed) and its share of the Environmental Restoration Project under the grant Agreement and any prior ERP SAC or Agreement for this Site; • The State is reimbursed for the costs it has incurred under the grant Agreement and any prior ERP SAC or Agreement for this Site; end, • The City retains the remainder. The Office of Strategic Planning intends to access the City's share of funds for the project from the Environmental Remediation -2008, Bond Authorization Account No. 3000 -310. The bond funds are to be used to finance the cost of environmental remediation projects that include NYSDEC Environmental Restoration Program projects, making the 1318 Niagara Street remediation project eligible for the use of these funds. The City Comptroller's Office of Cash and Debt Management has confirmed that the 1318 Niagara Street remediation project is an eligible use of these funds. I respectively request that your Honorable Body approve the attached Municipal resolution, authorize an application to the NYSDEC for funding the remaining remediation of the 1318 Niagara Street site as set forth above and designate the Executive Director of the Office of Strategic Planning the Designated Authorized Representative to act in behalf of the City of Buffalo in all matters related to State assistance. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated October 30, 2014, be received and filed: That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to access the City's share of funds from a State Assistance Contract (SAC) to undertake the Investigation /Remediation at the 1318 Niagara Street property. The estimated cost to complete the remaining remediation is $1,101,000.00. The grant will permit the City to be reimbursed for 90% of the allowable costs of the project. The Office of Strategic Planning intends to access the City's share of funds for the project from the Environmental Remediation -2008, Bond Authorization Account No. 3000 -310. The bond funds are to be used to finance the cost of environmental remediation projects that include New York State Department of Environmental Conservation ( NYSDEC) Restoration Program projects; and That the Common Council hereby approves the municipal resolution submitted by the Executive Director of the Office of Strategic Planning; and that the Common Council hereby authorizes the application to the MYSDEC for funding the remaining remediation of the 1318 Niagara Street site; and that the Common Council hereby designates the Executive Director of the Office of Strategic Planning the Designated Authorized Representative to act on behalf of the City of Buffalo in all matters related to the State assistance. PASSED AYES 8, NOES 0 FROM THE COMPTROLLER NO. 2261 2016 CAPITAL BUDGET RECOMMENDATIONS According to the Buffalo City Charter § 20 -25: 'If the mayor's capital budget or capital improvement program proposes to incur capital debt in excess of the maximum amount advised by the comptroller, or if any proposed capital improvement appears likely to cost more than the amount estimated or not to be ready for implementation in the year proposed, the comptroller shall within ten days submit to the council a report advising as to the probable effect of such debt on the city's financial condition." The Comptroller's responsibilities in the City's capital planning process include "advising as to the maximum amount of capital debt that the city may prudently incur" in the Comptroller's Estimate and Report, per Section 20 -21 of the City Charter, as well as issuing this report, required by the Charter section above. In discussing the probable effect of capital debt on the City's financial condition, it is important to distinguish between authorizing debt and issuing debt. In authorizing debt, the City, through a bond resolution, gives the Comptroller the authority to issue debt for a specific project. The funds for that project are not borrowed until the Comptroller, after determining that the project has progressed to the point where financing is needed, issues the debt in the form of bonds or bond anticipation notes. As we made clear in the Estimate and Report, the three major credit rating agencies still view the City's debt burden as too high. In order to maintain the City's bond ratings and ensure fiscal health, a prudent approach to capital borrowing is paramount, both in determining the amount of debt to authorize, as well as how much debt to issue. While authorizing debt provides for the potential to add to the City's debt burden, the burden is only increased when the debt is actually issued. Thus, more scrutiny is required when issuing debt than when authorizing it. The Mayor has recommended that the City issue $19,880,360 in debt to fund the 2015 Capital Budget, which is less than the maximum amount $19,980,000 of capital debt recommended by the Comptroller's Estimate and Report. However, the Mayor has also recommended authorizing $26,034,053, which although less than the Citizens Planning Council's recommendation of $30,304,053, is more than the $22,200,000 million recommended in the Comptroller's Estimate and Report. The executive branch has requested that certain projects be authorized but unissued, in order to begin the procurement process for projects that are not planned to begin until 2016. Because timely spending of funds is a worthy goal, and the amount of additional authorizations is reasonable, especially considering that $5.5 million in authorized but unissued bond resolutions were rescinded earlier this year, we find the Mayor's recommendation acceptable. The additional authorizations, and whether they will ultimately be issued, must be taken into account when determining the capital budget in future years. We will continue to scrutinize projects and only issue debt when the information provided leaves us confident that the project will be completed in a timely manner. Additionally, we will only issue debt for projects that are an appropriate use of capital funds. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 2262 AUDIT REPORT ON PAYROLL PROCEDURES -WATER Attached please find the audit report on the payroll procedures for the Division of Water. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 2263 COSTS OF REFUNDING 2006 A BONDS NOT FISCALLY PRUDENT Dear Mr. Olsen: Thank you for your efforts regarding the refunding opportunity for the 2005A bond. However, because of the extremely high cost of issuance related to this refunding, which exceeds $400,000, 1 have concluded that it is not fiscally prudent to pursue this transaction at this time. My staff and financial advisor initially thought this refunding would have been an excellent opportunity to save taxpayer money on interest costs. But when the latest cost of issuance estimate totaled more than double the preliminary estimate provided by Jeanette Mongold -Robe, it became clear that your consultants and lawyers would benefit from this refunding more than taxpayers. We are still interested in pursuing the refunding of this and other bonds in the future, perhaps as early as next year. In the meantime, my staff and I would like to work with you on limiting the costs that made this refunding financially impractical. The fees proposed by the BFSA's New York City based contractors, financial advisor PFM and bond counsel Mintz Levin, were especially cost prohibitive in this case. We have often found that an effective way to achieve more competitive costs for outside consultants is to issue Requests for Proposals (RFPs). We have recently completed competitive bidding processes for both our financial advisor and our bond counsel, and we found that the competition has resulted in the best deal for taxpayers. We would be happy to provide you with the RFPs we used in these efforts, and are more than willing to provide assistance and advice to your staff throughout the process. While choosing consultants through a competitive bidding process requires more effort than simply renewing decade -old contracts year after year, the cost savings are certainly worth the time invested, especially now that the BFSA is in advisory mode. While this particular refunding opportunity did not come to fruition, I look forward to working with the BFSA on future refunding and other cost - cutting measures that are financially beneficial to the taxpayers of the City of Buffalo. Sincerely, Mark J. F. Schroeder RECEIVED AND FILED NO. 2264 APPOINT ASSISTANT AUDITOR(TEMP)(INTER)(TRIGILIO) Certificate of Appointment Appointment effective 10/27/14 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor Temporary Open - Competitive Intermediate starting salary of $40,625 Nicholas Trigilio, 41 Duluth Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2266 APPOINT DATA CONTROL CLERK(TEMP)(INTER)(HINSON) Certificate of Appointment Appointment effective 11/13/14 in the Department of Audit and Control Division of Audit to the Position of Data Control Clerk Temporary Open - Competitive Intermediate starting salary of $34,276 Lori E. Hinson, 283 Norwood Avenue, Upper, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2266 AGREEMENT BETWEEN CITY OF BUFFALO AND BUFFALO PLACE, INC. FOR CONTINUED AND INCREASED PAYMENTS BY CITY FOR EXPANDED AND EXTENDED SERVICES TO BE PERFORMED BY BUFFALO PLACE, INC. PRIOR COUNCIL REFERENCE: Item No. 35, C.C.P. 07/21/2009 Buffalo Place, Inc. {and later also Buffalo Place Foundation, Inc.) has since at least 1997 played a central role in providing important quality of life amenities in Buffalo and also in performing basic maintenance services at Buffalo Place such as cleaning, snow removal, painting, litter control /removal, garbage collection, grass mowing, certain repairs and various other important services which would otherwise have been performed directly by the City of Buffalo. An agreement between the City and Buffalo Place is currently in effect through June 30, 2015. 1 am requesting that Your Honorable Body authorize a new agreement which expands and extends the scope of services and the term of the agreement so as to include more specialized snow plowing as is required with the imminent introduction of "Cars on Main Street" over refurbished light rail transit track, expanded park work and various other expanded tasks all outlined in the agreement attached to this communication. The term expiration is proposed as being extended from June 30, 2015 through June 30, 2017. The annual fee payable to Buffalo Place is proposed to increase from $125,000.00 to $175,000.00 in the year July 1, 2014 through June 30, 2015 and continue at the $175,000.00 annual amount in the years July 1, 2015 through June 30, 2016 and July 1, 2016 through June 30, 2017. 1 am requesting that your Honorable Body authorize the Mayor to execute a new agreement with Buffalo Place, Inc. containing the above referenced terms and generally conforming to the form and substance of the attached agreement, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the agreement with Buffalo Place, Inc. I am further requesting that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the new agreement and all of the foregoing. Funds will be available in account 17210006 - 435004 and account(s) to be named at a later date. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2267 CAZENOVIA STREET BRIDGE OVER CAZENOVIA CREEK EMERGENCY ROCKER BEARING REPAIRS On August 8, 2014 our Department was issued a Red Structural Flag on the Cazenovia Street bridge by the New York State Department of Transportation. This flag report indicated there was an overextended rocker bearing. Due to the scope, magnitude and time criteria of the necessary repairs I have hereby declared an emergency situation and asked our structural consultant to begin working on a repair detail. Three Contractors were asked to submit emergency repair bids for these two locations: Contractor Total Bid Hohl Industrial Services $20,000.00 770 Riverview Boulevard Tonawanda, New York 14150 BVR Construction $59,910.00 8 King Road Churchville, New York Patriot Field Services, Inc. No Bid PO Box 3056 Niagara Falls, NY 14304 1 hereby certify that the lowest responsible bidder for the above project is Hohl Industrial Services Inc. and respectfully recommend that your Honorable Body order the work. I am requesting the cost thereof to be charged to account 34311006 - 445100 and an account(s) to be named at a later date in an amount of $22,000.00 ($20,000.00 Base Bid plus a 10% unit price increase of $22,000.00). The Engineer's estimate for this work is $28,000.00. The above is certified to be a true and accurate statement of the bids received. Individual bid submissions are available in our office for inspection and copies are available upon request. 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 November 3, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for emergency rocker bearing repairs on the Cazenovia Street Bridge over Cazenovia Creek, with Hohl Industrial Services, Inc. with a total bid of $22,000.00 (Base Bid $20,000.00 + 10% unit price increase $2,000.00 for a Total Contract Amount of $22,000.00). Funding for this project is available in Account #34311006 - 445100, and an account(s) to be named at a later date. PASSED AYES 8, NOES 0 NO. 2268 CHANGE IN CONTRACT CITY COURT WOMEN'S HOLDING CENTER(ELL) I hereby submit to Your Honorable Body the following change for the City Court, Women's Holding Center, Kideney Architects, C #93001281. This change is for the reimbursement for cost overruns for printing. The foregoing change results in a net increase in the contract of One Thousand Seventy -Three Dollars and 01 /100 ($1,073.01). Summary: Original Contract Amount $110,090.00 Amount of prior Change Order 6,105.00 Amount of this Change Order 1,073.01 Revised Contract Amount $117,268.01 Cost have been reviewed by the Department of Public Works, Parks and Streets and are found to be fair and equitable. Funds for this work are available in 34323006 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated October 31 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #2 in the amount of $1,073.01 (Original Contract Amount $110,090.00 + Change Order #1 $6,105.00 + Change Order #2 #1,073.01 for a Revised Contract Amount of $117,268.01) for the City Court Women's Holding Center, to Kideney Architects, C #93001281. Funding is available in Account # 34323006 - 445100 - Buildings. PASSED AYES 8, NOES 0 NO. 2269 CHANGE IN CONTRACT DESTRO BROTHERS CONSTRUCTION CO. INC. GILL ALLEY RESTORATION GROUP 784 PRIOR COUNCIL REFERENCE: #1961 of 9/30/14 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary due to additional excavation and asphalt material that needed to be added to the scope of work due to unstable soil conditions that were discovered during the course of construction. Existing Contract Amount $35,000.00 Increase in Contract $14,037.00 Total Contract to Date $49,037.00 Funds are available in Capital Projects Account # 32000006 - 445100 and another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro Brothers Construction Co. Inc. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated November 5, 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 $14,037.00 (Original Contract Amount $35,000.00 + Change Order #1 $14,037.00 for a Revised Contract Amount of $49,037.00) for the Gili Ally Restoration, to Destro Bros. Construction. Funding is available in Capital Projects Account # 32000006 - 445100, and another account(s) to be named at a future date. PASSED AYES 8, NOES 0 NO. 2270 CHANGE IN CONTRACT DUDLEY LIBRARY PARTIAL RECONSTRUCTION JOB #1408 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for Dudley Library, Partial Reconstruction, Nichter Construction Inc., C #93001387. 1. Temporary heating costs due to cold weather construction schedule. Add $20,000.00 The foregoing changes result in a net increase in the contract of Twenty Thousand and 00/100 Dollars ($20,000.00). Summary: Original Contract Amount $107,459.00 Amount of Previous Change Orders Amount of This Change Order ( #1) $ 20,000.00 Revised Contract Amount $127,459.00 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 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 November 5, 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 $20,000.00 (Original Contract Amount $107,459.00 + Change Order #1 $20,000.00 for a Revised Contract Amount of $127,459.00 for the Dudley Library Partial Reconstruction, to Nichter Construction, Inc., C #93001387. Funding is available in Account #35323106 - 445100 - Buildings. PASSED AYES 8, NOES 0 NO. 2271 CHANGE IN CONTRACT HISTORICAL SOCIETY ELECTRICAL RENOVATIONS JOB #1283 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for Historical Society, Electrical Renovations, Frey Electrical Construction Co., C #93001325. 1. Increase storage opening and doors to remove and protect artifacts Add $ 9,547.00 During asbestos remediation and construction The foregoing changes result in a net increase in the contract of Nine Thousand Five Hundred Forty Seven and 00/100 Dollars ($9,547.00). Summary: Original Contract Amount $892,000.00 Amount of Previous Change Orders 13,549.00 Amount of This Change Order ( #2) $ 9,547.00 Revised Contract Amount $915,096.00 Costs have been reviewed by the consulting architect (GHD Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 37329406 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #2 in the amount of $9,547.00 (Original Contract Amount $892,000.00 - Change Order #1 $13,549.00 Changer Order #2 $9,547.00 for a Revised Contract Amount of $915,096.00) for the Historical Society Electrical Renovations, to Frey Electric Construction Co., C #93001325. Funding is available in Account #37329406-4451 00-Building s PASSED AYES 8, NOES 0 NO. 2272 INCREASE IN ENCUMBRANCE WATTS ARCHITECTURE & ENGINEERING, INC. PUBLIC FACILITIES IMPROVEMENTS TO WALDEN PARK, MANHATTAN PARK & SCHILLER PARK CONSULTING SERVICES CONTRACT #H0000084 PRIOR COUNCIL REFERENCE: #17 of 7/17/13 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide consulting services for additional work that will be performed as a result of CDBG YR 40 funds that were added for the Public Facilities Improvements. Existing Contract Amount $100,087.00 Increase in Contract, (not to exceed) 58,729.00 Total Contract to Date (not to exceed) $158,816.00 Funds are available in Capital Projects Account # CH9132007- 470000 and /or mother account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Watts Architecture & Engineering, Inc. Nussbaumer & Clarke, Inc. Increase Encumbrance - Walden Park, Manhattan Park and Schiller Park (DPW) 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 November 5, 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 amount of $58,729.00 (Original Contract Amount $100,087.00 + Change Order #1 $58,729.00 for a Revised Contract Amount of $158,816) for the Walden Park, Manhattan Park and Schiller Park, to Watts Architecture & Engineering, Inc., C #H0000084. Funding is available in Capital Projects Account #CH9B2007- 470000 and /or an account to be named at a future date. PASSED AYES 8, NOES 0 NO. 2273 PERMISSION TO ENTER INTO AGREEMENT W /NYSDOT KENMORE AVENUE RECONSTRUCTION PROJECT PIN 5757.18 UNIVERSITY DISTRICT NO. 19,10/3/2006 Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Design(I -VI) , Construction and Construction Inspection phases of the project related to Kenmore Avenue Reconstruction Project. In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. Also Permission is requested to authorize Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant KHEOPS Architecture, Engineering &Survey for the construction administration & inspection of the proposed project. The consultant was selected from City's previously established short list of the consultants and has completed design phase of the project. This Project is Funded by FHWA, New York State and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of project costs is about 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 3, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into an agreement with the New York State Department of Transportation ( NYSDOT) for the Design (I -VI), Construction and Construction Inspection Phases of the project related to the Kenmore Avenue Reconstruction Project; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreement with engineering consultant KHEOPS Architecture, Engineering & Survey for the construction administration and inspection of the proposed project.. The consultant was selected from the City's previously established short list of the consultants and has completed design phase of the project. This project is funded by FHWA, New York State and the City of Buffalo as part of local Transportation Improvement Program and the City of Buffalo's share of project costs is about 5 %. Funds for this project will be available in Capital Project Account for the local match of the federal aid projects. PASSED AYES — 8 NOES — 0 NO. 2274 PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT NY GATEWAY CONNECTION TO PEACE BRIDGE PLAZA PROJECT - PIN 5760.80 NIAGARA DISTRICT IEM NO, 2 C.C.P.7/29/2024) Your Honorable Body previously approved the item referenced above which allows our department in conjunction with Law Department enter into a betterment project agreement and acquisition of City owned properties by New York State Department of Transportation ( "NYSDOT ") in connection with NY Gateway Connection Improvement to U.S. Peace Bridge plaza as follows: a. Authorized advance payment by City to NYSDOT for amount of $ 456,991.00 for City of Buffalo's local share obligation. b. Agreement for advanced payment of $ 431,925.00 to the City for the acquisition of the City owned properties. Since your approval; NYSDOT on letter dated October 6, 2014 notified us that based on the actual bid amount they received, the City's actual betterment share is $ 463,129.00 and are requesting that the deposit of the funds to be made to State Comptroller immediately. In addition, the correct amount for advanced payment to City by the NYSDOT is $ 439,875.00 1 am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to appropriate funds and deposit with New York State Comptroller for the full amount of betterment works on the project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to advance payment to the New York State Department of Transportation ( "NYSDOT') for the amount of $463,129.00 for the City's local share obligation for the betterment project agreement and acquisition of City -owned properties by the NYSDOT in connection with the NY Gateway Connection Improvement to the U.S. Peace Bridge Plaza and that the deposit of the funds be made to the State Comptroller; and That the Common Council hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or such other appropriate City personnel m appropriate funds and deposit with the New York State Comptroller for the full amount of betterment work on the project. PASSED AYES — 9 NOES — 0 NO. 2275 PERMISSION TO HIRE CONSULTANT CITY OWNED ICE RINKS MECHANICAL RECONSTRUCTION VARIOUS DISTRICTS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Cannon Design as a consultant to provide architectural/ engineering services for the Feasibility Study and Design of City Owned Ice Rinks (Lafayette, Cazenovia, & Riverside) Mechanical Reconstruction. The cost for consulting services is estimated not to exceed $200,090. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000 Planning & Programming The consultant has been chosen through a Request for Qualification (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 November 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 hire Cannon Design as a consultant to provide architectural /engineering services for the Feasibility Study and Design of City -owned Ice Rinks (Lafayette, Cazenovia and Riverside) Mechanical Reconstruction. The consultant was chosen through a Request for Qualifications (RFQ) Process. Funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535.000.00 Planning and Programming. PASSED AYES — 8 NOES — 0 NO. 2276 PERMISSION TO HIRE CONSULTANT DISTRICT HEAT STEAM BOILER REPLACEMENT ELLICOTT DISTRICT & FILLMORE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Cannon Design as a consultant to provide architectural/ engineering services for District Heat Steam Boiler Replacement The cost for consulting services is estimated not to exceed $109,450. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000 Planning & Programming The consultant has been chosen through a Request for Qualification (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 November 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 hire Cannon Design as a consultant to provide architectural /engineering services for District Heat Steam Boiler Replacement. The consultant was chosen through a Request for Qualifications (RFQ) Process. Funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning and Programming. PASSED AYES — 8 NOES - 0 NO. 2277 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CDBG STREETS AND SIDEWALKS CONSULTING SERVICES (DPW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the CDBG Streets and Sidewalks Consulting Services. The City intends to procure a consultant for a term agreement that will be renewably annually for a maximum of three years. The costs for consulting services are estimated not to exceed $200,000 annually and not to exceed $600,000 for the life of the term agreement. The funds are available in a CDBG account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the CDBG Streets and Sidewalks Consulting Services. The City intends to procure a consultant for a term agreement that will be renewable annually for a maximum of three (3)years. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available in CDBG account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 2278 PERMISSION TO HIRE AN ENGINEERING CONSULTANT - LASALLE PARK IMPROVEMENTS - PHASE III (ELL) (DPW) The City of Buffalo has been awarded a grant of up to $1,100,000 the design, construction, construction administration and inspection LaSalle Park Improvements Phase III. The proposed scope of work includes roadway, parking area and pathway improvements as well as replacement of picnic shelters and the playground. In order to move the project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into any and all agreement with the NYSDOS, US Army Corps of Engineers, the Greenway Commissioner, BSA, and or City of Buffalo Water Board.. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, administration and inspection of the project. All agreement would be subject to approval as -to -form by the Corporation Counsel. I also respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the subject project. The costs for consulting services are estimated not to exceed $200,000. The funds are available in 31091606- 445100 and or an account to be named at a later date. The consultant will be chosen through a Request for Proposal (RFP) 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 November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and !or the Department of Public Works, Parks and Streets to enter into any and all agreements with the New York State Department of State, the U.S. Army Corps of Engineers, the Greenway Commissioner, the Buffalo Sewer Authority and /or the City of Buffalo Water Authority for the design, construction, administration and inspection of the LaSalle Park Improvements, Phase III. The proposed scope of work includes roadway, parking area and pathway improvements, as well as replacement of picnic shelters and the playground; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the subject project. The consultant will be chosen through a Request for Qualifications (RFQ) Process. Funds are available in Account #31091606- 445100 and /or an account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 2279 PERMISSION TO HIRE AND ENGINEERING CONSULTANT AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH VARIOUS ENTITIES FOR THE DESIGN, CONSTRUCTION, CONSTRUCTION ADMINISTRATION AND INSPECTION OF THE SAFETY IMPROVEMENT PROJECT PARKSIDE AVE AT FLORENCE AVE, PIN 5760.98 DELAWARE DISTRICT The City of Buffalo has been awarded a grant of up to $440,000 the design, construction, construction administration and inspection of Safety Improvement Project, Parkside Ave st Florence Ave, PIN 5760.98. In order to move the project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into any and all agreement with the FHWA, NYSDOT, NFTA, BSA, City of Buffalo Water Board, Buffalo Zoo, Buffalo Olmsted Parks Conservancy and or Parkside Community Association. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, administration and inspection of the project. All agreement would be subject to approval as -to -form by the Corporation Counsel. I also respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the subject project. The costs for consulting services are estimated not to exceed $100,000. The funds will be available in a Grant account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and flied; and That the Common Council hereby authorizes the Mayor and !or the Department of Public Works, Parks and Streets to enter into any and all agreements with the Federal Highway Authority ( "FHWA "), the New York State Department of State ( "NYSDOT"), the Niagara Frontier Transportation Authority ( "NFTA ") Buffalo Sewer Authority, City of Buffalo Water Board, the Buffalo Zoo, the Buffalo Olmsted Parks Conservancy and /or the Parkside Community Association for a grant up to an amount of $440,000.00 for the design, construction, construction administration and inspection of the Safety Improvement Project, Parkside Avenue at Florence, Avenue; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the subject project. The consultant will be chosen through a Request for Qualifications (RFQ) Process. Funds are available in Grant account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 2280 PERMISSION TO HIRE CONSULTANT PUBLIC FACILITIES IMPROVEMENTS TO AUTUMNWOOD COMMUNITY CENTER 1800 CLINTON, BUFFALO NY I hereby request that Your Honorable Body authorize and grant permission to the Department of Public Works, Parks and Streets to hire Watts Architecture & Engineering Inc. as a consultant to provide architectural and engineering services for Public Facilities Improvements to the Autumnwood Community Center The cost for consulting services is estimated not to exceed $27 000.00. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535 000.00 Planning & Programming. The consultant was selected through a Request for Proposal (RFP) process. Initial funds are available in Capital Projects Account # CGE2007- 470000 and /or another account to be named at a future date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Watts Architecture & Engineering, Inc: as a consultant to provide architectural and engineering services for Public Facilities Improvements to the Auttmmwood Community Center. The consultant was chosen through a Request for Qualifications (RFQ) Process. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Planning. Initial funds are available in Capital Projects Account #CGE2007- 470000 and /or another account to be named at a future date. PASSED AYES — 8 NOES — 0 NO. 2281 PERMISSION TO HIRE CONSULTANT PUBLIC FACILITIES IMPROVEMENTS TO GLORIA PARKS COMMUNITY CENTER 3242 MAIN STREET, BUFFALO NY I hereby request that Your Honorable Body authorize and grant permission to the Department of Public Works, Parks and Streets to hire Flynn Battaglia Architects as a consultant to provide architectural and engineering services for Public Facilities Improvements to the Gloria Parks Community Center The cost for consulting services is estimated not to exceed $47 144.50. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning &.Programming. The consultant was selected through a Request for Proposal (RFP) process. Initial funds are available in Capital Projects Account # CH9C2017- 470000 and /or another account to be named at a future date, Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Flynn Battaglia Architects as a consultant to provide architectural and engineering services for Public Facilities Improvements to the Gloria Parks Community Center. The consultant was chosen through a Request for Qualifications (RFQ) Process. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Planning. Initial funds are available in Capital Projects Account #CH9C2017- 470000 and /or another .account to be named at a future date. PASSED AYES — 8 NOES 0 NO. 2282 PERMISSION TO HIRE CONSULTANT PUBLIC FACILITIES IMPROVEMENTS TO HENNEPIN PARK COMMUNITY CENTER I hereby request that Your Honorable Body authorize and grant permission to the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for Public Facilities Improvements to the Hennepm Park Community Center The cost for consulting services is estimated not to exceed $20,477.00. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Programming. The consultant will be selected through a Request for Proposal (RFP) process. Initial funds are available in Capital Projects Account # CH9E2027- 470000 and /or another account to be named at a future date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department Of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for Public Facilities Improvements to the Hennepin Park Community Center. The consultant will be chosen through a Request for Qualifications (RFQ) Process. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Planning. Initial funds are available in Capital Projects Account #CHgE2027- 470000 and /or another account to be named at a future date. PASSED AYES — 8 NOES — 0 NO. 2283 PERMISSION TO HIRE CONSULTANT PUBLIC FACILITIES IMPROVEMENTS TO [ NORTH WEST BUFFALO COMMUNITY CENTER 155 LAWN AVENUE, BUFFALO NY I hereby request that Your Honorable Body authorize and grant permission to the Department of Public Works, Parks and Streets to hire Nuesbaumer & Clarke, Inc. as a consultant to provide architectural and engineering services for Public Facilities Improvements to the North West Buffalo Community Center The cost for consulting services is estimated not to exceed $53,700.00. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Programming. The consultant was selected through a Request for Proposal (RFP) process. Initial funds are available in Capital Projects Account # CH9J2037- 470000 and /or another account to be named at a future date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 5, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Nussbaumer & Clarke, Inc. as a consultant to provide architectural and engineering services for Public Facilities Improvements to the North West Buffalo Community Center. The consultant was chosen through a Request for Qualifications (RFQ) Process. The funds will be made available through an interfund loan against the 2014 Capital Improvement Budget item that was authorized but remains unissued: $535,000.00 Planning & Planning. Initial funds are available in Capital Projects Account #CH9J2037- 470000 and /or another account to be named at a future date. PASSED AYES — 8 NOES — 0 NO. 2284 REPORT OF BIDS GATES CIRCLE RECONSTRUCTION DELAWARE AVE. AT LAFAYETTE AVE. JOB #1431 DELAWARE DISTRICT I advertised on October 02, 2014 and received the following sealed bids for the Gates Circle Reconstruction project, which, were publicly opened and read on October 23, 2014. Base Bid 'Highland Masonry $56,484.00 Alt #1 Alt #2 Alt #3 Alt #4 Alt #5 Alt #.6 Alt# 7 $29,245.00 $18,335.00 $9,810.00 $4,200.00 $7,520.00 $50,690.00 $41,580.00 Base Bid Morris Masonry $78,370.00 Alt #1 Alt #2 Alt #3 Alt #4 Air#5 Air#6 Air#7 $20,120.00 $20,500.00 $5,185.00 $4,650.00 $6,130.00 $22,940.00 $46,920.00 Miller Enterprises NO BID Pinto Construction NO BID Nova Site Company NO BID 'Highland Masonry bidder deemed non - responsive. I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry With a Base Bid of $78,370.00, plus Alternate #1 for $20,120.00, plus Alternate #2 for $20,500.00, plus Alternate #3 for $5,185.00, plus Alternate #4 for $4,650.00, plus Alternate #5 for $6,130.00, plus Alternate #6 for $22,940.00, plus Alternate #7 for $46,920.00, plus a 10% contingency of $20,481.50 for a total bid price of Two Hundred Twenty -Five Thousand Two Hundred Ninety -Six and 50/100 Dollars ($225,296.50), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 35403606- 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 29, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Gates Circle Reconstruction Project with Morris Masonry, with a total bid of $225,296.50 (Base Bid $78,370.00 + Alt. #1 $20,120.00 + Ait. #2 $20,500.00 + Alt. #3 $5,158.00 + Alt. #4 $4,650.00 + Alt. #5 $6,130.00 + Alt. #6 $22,940.00 + Alt. #7 $46,920.00 + 10% unit price increase $20,481.50 for a total bid price of $225,296.50). Funding for this contract is available in Account #35403606- 445100 PASSED AYES — 8 NOES — 0 NO. 2285 APPOINY ELECTRICIAN (PROV)(INTER)(KAISER) Appointment effective 10/27/2014 in the Department of Public Works, Parks and Streets to the Position of Electrician, Provisional at the Intermediate salary of $27,031.00 John R. Kaiser, 24 Parkview Ave, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2286 APPOINT EQUIPMENT OPERATOR(PROV)(STEP 11)(PERSICO) Appointment effective, 10/24/2014 in the Department of Public Works, Parks and Streets to the Position of Equipment Operator, Provision at step 11 of $2223,553 Salvatore Persico, 536 Linden Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2287 APPOINT LABORER II(PEWRM)(STEP 11)(STIEF) Appointment effective 10/24/2014 in the Department of Public Works, Division of Water, to the Position of Laborer II, Permanent at the 11 th step of $23,553 William Stief, 2 Olga PI, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 2288 APPOINT REPORT TECHNICIAN(SPANISH SPEAKING)(PERM)(SECOND STEP)(GONZALEZ) Appointment effective November 17, 2014 in the Department of Police to the Position of Report Technician(Spanish Speaking, Permanent at the Second Step of $33,578 Jennifer Gonzalez, 100 7 th St, Apt 302, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 2289 FOOD STORE (NEW) 1105 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 1105 BROADWAY (MOHAMMAD ABDUR RAB & MD JANE ALAM /FOODLAND & PIZZERIA.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections. Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2290 FOOD STORE (NEW) 375 MICHIGAN (ELLICOTT) Pursuant to Chapter 194 of the City of Buffal Ordinances, please be advised that I have examined the attached application for a Food Store License located 375 MICHIGAN (HATEM HASSAN /SUN —SE MINI MART #2 INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2291 FOOD STORE (NEW) 927 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 927 TONAWANDA (KHIN MAUNG SOE /LIN ASIAN MARKET.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. this request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated November 10, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khin Maugn Soe d /b /a Lin Asian Market located at 927 Tonawanda. PASSED AYES- 8 NOES — 0 NO. 2292 MOBILE FOOD TRUCK 67 THORTON BUFFALO, NY (HOME ADDRESS (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 67 Thorton Buffalo, NY for which said application for a Mobile Food Truck license is being sought by Rashawn Porter @ Doves Food and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2293 RESTAURANT DANCE LICENSE -75 MAIN ST(NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 75 Main St for which said renewal application for a Restaurant Dance Class III license is being sought 716 Sports Bar & Grill, LLC @ (716)/(716) Food and Sport and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits mad Inspection Services, dated October 31, 2014, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to Kim S. Pegula and Dominic Verni d /b /a 716 Sports Bar & Grill, LLC @ (716) / (716) Food and Sport, located at 75 Main Street. PASSED AYES — 8 NOES — 0 FROM THE CITY CLERK NO. 2294 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 October 14, 2014 No 2126 Food Store License(New) 1727 aka 1733 Genesee(Flll)(EDPI) No 2142 Waive Special Event Fee and Motorcade Fee for the 2014 Crop Walk Was presented to the Mayor on October 17, 2014, and returned to the City Clerk on October 27, 2014 without approval or disapproval Respectfully submitted, Mary H. Baldwin Deputy City Clerk RECEIVED AND FILED NO. 2295 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 739 Elmwood SATO Grand Island Serene Gardens LLC RECEIVED AND FILED NO. 2296 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- Elizabeth Clark RECEIVED AND FILED. NO. NO. 2297 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective October 29, 2014 in the Department of Common Council, Division of Niagara District to the Position of Intern VIII at the flat salary of $ 15.00 /hr Mitchell P. Nowakowski, 343 Franklin St, Buffalo, NY 14202 NO. 2298 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 10/20/2014 in the Department of Strategic Planning, Division of Real Estate to the Position of Laborer 11, Seasonal at the minimum salary of $12.66/hr Benjamin Staples, 407 Spring St, Buffalo, NY 14204 NO.2299 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 11/17/2014 in the Department of Police, Division of Patrol to the Position of Report Technician(Spanish Speaking), Permanent at the minimum salary of $ 32,816 Shannon Daniels, 712 Main St Apt 408, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective November 10, 2014 in the Department of Police, Division of Fleet Maintenance to the Position of Superintendent of Fleet Maintenance, Permanent at the minimum salary of $47,430.00 John A. Sheely, 57 Campbell Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 11/03/2014 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 $31,754.00 Maria Dockery, 67 Haven St, Buffalo, NY 14211 NON - OFFICIAL COMMUNICATIONS. PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 2300 BUFFALO WATER BD- MONTHLY REPORT SEPTEMBER 2014 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 2301 K. FRAZIER - GENERAL PROJECT PLAN, PUBLIC HEARING ERIE CANAL HARBOR DEV Dear Mr. Gerald Chwalinski, I am hereby transmitting, for filing in your office, the General Project Plan of the Erie Canal Harbor Development Corporation, a subsidiary of the New York State Urban Development Corporation doing business as Empire State Development ( "ESD "), together with the findings required pursuant to Sections 10(d) and 10(g), of the UDC Act, for the General Project Plan in Erie County. This material is being filed pursuant to Section 16(21 of the UDC Act. A public hearing, also required by the UDC Act, will be held by ESD at the Erie County Community College, Minnie Gillette Auditorium City Campus, 121 Ellicott Street Buffalo, NY 14203 on November 18, 2014 from 6pm - 7pm to consider the General Project Plan. ESD is a corporate governmental agency and public benefit corporation of the State of New York created by the New York Urban Development Corporation ACT of 1968 as amended. Therefore, pursuant to CPLR Section 8017, ESD is exempt from any fee which may be imposed in connection with your receipt of these materials. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 2302 L. HARDEN - LASALLE PARK ON THE WATERFRONT FROM; Leigh Harden Buffalo NY 41202 852- 1 am a 17 year resident of Lakefront Commons, the last division of townhouses /condos on Lakefront Blvd in the Waterfr0at Village. Our townhouses back up to La Salle Park. I am a member of Lakefront Commons Alliance, our street association, and a representative of the sub committee, Concerned Residents for La Salle Park. As per Andrew Rabb, Deputy Parks Commissioner, $1 million has been appropriated for 2015 rehabilitation of LaSalle Park. Plans are being developed over this winter. The intention is to repair the roads /curbs, repair shelters /playground and improve the skate park. He stated that there is no current citizen's group in support of LaSalle Park issues. He also stated he would help to support a group if one was started. We have concerns in regard to the road repair and other issues and would like community involvement is decision making. First concern that needs to be addressed is repaving /repair of the LaSalle Park road. Many of the townhouses back right up to the road. We see and hear vehicles going 30 to 60 miles per hour in the park, even though the road is bumpy. This occurs 24 hours a day, even during peak park usage in the warm months when families and children are enjoying the park. What is going to happen if the road is repaved and smooth? Safety is at issue here not only for the community in the park but for the residents who live here. We need discussion between the City and concerned citizens as to possible reconstruction of the road at our end of the park. We need direction to get this started. Attachments are included. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 2303 M. KEARNS- LETTER TO NYSDOT RE SKYWAY STUDY When the President of the Congress of New Urbanism., you and I last met, we discussed the New York State Department of Transportation Skyway Study. According to the DOT Skyway Management Study, the "Bridge Preservation Option," with concrete overlay, will cost taxpayers' $42 million over a 20 -year period After we met you directed your office to conduct a plausibility review of the route. Even the Federal Highway Administration has commented that this is the only bridge in New York State that will close each year due to inclement weather by classifying the bridge as "functionally obsolete." Recently the Congress for New Urbanism named the Skyway one of the 10 Freeways Without Future." The cities of New York, Syracuse a rid Rochester arc evaluating options for removal of elevated highways that arc highly restrictive and limit space for development. At an Urban Freeways Summit this past year in Albany, they described their goal for all Ofthese cities, including Buffalo, "to replace a highway that currently divides a community with a roadway that reconnects neighborhoods and help I bring vitality to the area." Recently, South District Councilmember Christopher Scanlon submitted a resolution to the Buffalo Common Council urging the New York State Department of Transportation to absorb all responsibilities associated with the maintenance and upkeep of the Skyway. I am asking that you give an update on both the status of the plausibility review which is underway by your office and the councilman's request. Buffalo has always been a waterfront city, but Buffalo's waterfront for fortunes changed in 1955 with the addition of the Skyway bridge over the Buffalo River. Our community's experience with ill -fated waterfront development proposals has demonstrated the need for tree community. driven planning and comprehensive analysis. Until the DOT demonstrates the w 11, vision and or funding necessary to effectively evaluate and study the removal of the Skyway re will continue to bear the cost and put a stress on the limited resources of the Buffalo Police Department regarding its duties associated with closing the Skyway for weather related reason s. With so many cities across the state. currently reevaluating the transportation decisions of yesteryear, there is a unique opportunity for New York State to become a national leader on transforming downtown infrastructure. At your earliest convenience, we would like to schedule a meeting with interested parties to discuss how we can partner to move this conversation forward. RECEIVED AND FILED NO. 2304 LIPSITA & PONTERIO- STATEMENT OF THE BUFFALO CHAPTER OF THE NATIONAL LAWYERS GUILD TO THE POLICE OVERSIGHT COMMITTEE Buffalo Common Council - November 5, 2014 Councilman Rivera and members of the Police Oversight Committee, my name is John Lipsitz and I am here as a representative of the Buffalo Chapter of the National Lawyers Guild. I want to thank this Committee for allowing me to express the opinions of the National Lawyers Guild on an issue of great concern to us. Residents in housing units administered by the Buffalo Municipal Housing Authority (BMHA) have legitimate concerns over crime rates in public housing. In response to those concerns, however, police have adopted tactics such as intensive enforcement of trespass statutes and extensive use of stop and frisk that raise complex questions of legality and fairness. Officers move systematically across the grounds and through the buildings, temporarily detaining and questioning residents and visitors, often with little or no suspicion- usually alleging trespass to justify the stop. We have been speaking with BMHA residents, who have expressed concern that their children, themselves, and their guests are unfairly stopped, questioned, and arrested for trespass. People report being stopped repeatedly and asked to produce identification, questioned because of lack of identification, stopped because of use of the public outdoor spaces around the buildings, and subjected to other troubling encounters with police officers who regularly patrolled the buildings. Additionally, they report that there had been specific instances of police officers using excessive force and several instances of police questioning for activities such as sitting in the courtyard of the buildings or gathering in groups of more than three people at a time after dark. The constant policing, involving frequent stopping and questioning for innocent behavior, commonly referred to as stop and frisk, has led to community concern, and general distrust of the police on BMHA property. The ability of police to stop, frisk, questions and search, targeted in high crime communities is generally held up as successful in getting guns and drugs off the street, but to residents it often feels differently. An officer may stop and question an individual if he has an articulable reason to believe that the person is trespassing or engaging in some other form of illegal activity. However, merely walking around - or entering or exiting - a BMHA building does not provide an officer with reasonable suspicion. Citizens' views of the police strongly contribute to their willingness to cooperate with and empower law enforcement. Minimizing the negative effects of stop and frisk is crucial for overall police effectiveness and is especially important for improving relations with communities of color. The National Lawyers Guild recommends that police meet with the community residents and listen and respond to their concerns. The Guild also recommends that alternative methods of providing security for BMHA residents should be explored in discussion with residents, the Buffalo Police Department and BMHA. With public participation in the process to determine security measures, public confidence in the fairness of security could be improved. The current prevalence of reports of unjustified stops and ticketing by BPD is unacceptable, especially for BMHA residents who do not feel safe at home. Thank you for considering this issue. Buffalo Chapter of the National Lawyers Guild c/o Lipsitz & Ponterio, LLC 135 Delaware Avenue, 5th Floor Buffalo, NY 14202 Telephone: (716) 849 -0701 RECEIVED AND FILED NO. 2305 J. MASCIA -BMHA STAFF SKILLS ASSESSMENT REPORT BUFFALO MUNICIPAL HOUSING AUTHORITY STAFF SKILLS ASSESSMENT REPORT FINAL REPORT Submitted January 27, 2014 Prepared for: U.S. Department of Housing and Urban Development Office of Public and indian Housing Office of Receivership Oversight- Recovery and Prevention Corps Prepared by: Applied Rea Estate Analysis, Inc. 914 S. Wabash Chicago, Illinois 60605 With: TAG Associates. Inc. CONTRACT NUMBER: C- DEN - 02243.001 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 2306 MCGUIRE DEV- REQUEST PRELIMINARY LAYOUT APPROVAL PILGRIM VILLAGE RESIDENTIAL COMPLEX(08 /29/2014) I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 5th day of November, 2014, a resolution was adopted of which the following is a true copy." Present: James Morrell, Chair Henry Burns Horace A: Gioia Cynthia Schwartz The following resolution was introduced: WHEREAS, on August 29, 2014, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P., (collectively, the "Applicants "), pursuant to §42 1 -1 et seq. of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law §§ 32 and 33, submitted a Letter of Intent ( "LOI "), including Exhibits A through H, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Preliminary Layout approval for the proposed subdivision of land associated with the redevelopment of the Pilgrim Village residential complex (the "Project ") within the block bounded by Best Street to the north, Michigan Avenue to the east, East North Street to the south and Ellicott Street to the west (the "Site "); and WHEREAS, the Applicants have provided information in the LOI and supporting the request for Preliminary Layout approval; and WHEREAS, the Planning Board held a meeting and a Public Hearing on this matter on October 7, 2014 at which the Applicants presented the Preliminary Layout design details, and all who wished to comment on the matter were allowed to be heard; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to City Code § 421 -7 et seq., received and reviewed the Application materials for the Preliminary Layout and, after discussing this matter, has decided to approve the Preliminary Layout as presented on October 7, 2014; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 (collectively, "SEQRA "), a government agency is required, prior to taking action on such an application, to undertake an environmental review of the project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF ") associated with the Preliminary Layout and other aspects of the complete Project, and submitted it to the Planning Board as Exhibit "H" of the aforementioned LOI, as amended by an updated FEAF attached as Exhibit "W" to an LOI Amendment submitted on October 31, 2014, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board, acting as Lead Agency in a Coordinated Review under SEQRA, determined that the Project does not have the potential to cause significant adverse environmental impacts; and so the Planning Board issued a Negative Declaration for the Project on November 5, 2014; Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 421 -7 et seq., as follows: 1. That the Applicants are seeking Preliminary Layout approval to create an approximately 3.43 -acre parcel and an approximately 7.88 -acre parcel on real property owned by the Applicants at the Site. 2. That the Planning Board has made the following determinations with respect to the Applicants' request for Preliminary Layout approval: a. That the submitted Preliminary Layout does not conflict with the Master Plan or the Official Map of the City; b. That Preliminary Layout does not have the potential to cause significant adverse environmental impacts; c. That there are no extensions of existing streets into the area proposed to be subdivided; d. That there are no half streets associated with the proposed subdivision; e. That the tract is not subdivided into parcels larger than ordinary building lots, necessitating an arrangement to allow the opening of future streets and further resubdivision; f. That the proposed subdivision does not require marginal access streets or other comparable techniques to separate through traffic; g. That the proposed subdivision does not contain or abut a railroad right -of- way or limited access highway right -of -way requiring parallel streets; h. That no strip or area of land in the proposed subdivision is reserved, preventing access to any street, half street or alley by adjacent property owners; i.That there are no permanent dead -end streets, minor streets, major streets, primary streets, secondary streets, collector streets, marginal access streets or cul -de -sac streets within the proposed subdivision; j.That any new lots, buildings or structures shall be given address numbers as provided in Chapter 109 of the City Code; k.That there are no alleys within the proposed subdivision; 1. That the Site's block will contain adequate off - street areas for parking, loading docks and other facilities required to accommodate motor vehicles; m.That the proposed subdivision does not include a special planned development; n. That the proposed subdivision streets applicable lot area and dimensional requirements; o. That the lots are laid out in a manner suitable for the intended use and development thereof; p. That the Applicants have petitioned the City to rezone the Site to the CM District, and the location of building setback lines will conform to the provisions of the City Zoning Ordinance for that District; and q. That the proposed subdivision is not traversed by a watercourse, drainage -way, channel or stream. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 5 th day of November, 2014. Upon roll call vote: REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2307 MCQUIRE DEV- REQUEST SITE PLAN APPROVAL MIXED USE DEV- PILGRIM VILLAGE RESIDENTIAL PROJECT BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 5th day of November, 2014, a resolution was adopted of which the following is a true copy." Present: James Morrell, Chair Henry Bums Horace A. Gioia Cynthia Schwartz The following resolution was introduced: WHEREAS, on September 24, 2014, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P, (collectively, the "Applicants "), pursuant to § 511 -137 et seq. of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law § 27 -a, submitted a Letter of Intent ( "LOI "), including Exhibits "A" through "L," to the City of Buffalo Planning Board ( "Planning Board "), and on October 31, 2014, the Applicants submitted an Amendment to the LOI, including Exhibits "M" through "Z," in furtherance of their request for Site Plan approval for the proposed redevelopment of the Pilgrim Village residential complex (the "Project "), which includes the demolition of five existing buildings and the construction of a new mixed -use development called Campus Square on the southwest portion of the block bounded by Best Street to the north, Michigan Avenue to the east, East North Street to the south and Ellicott Street to the west (the "Site "); and WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan approval; and WHEREAS, a Public Hearing was held on the matter on October 7, 2014, at which the Applicants presented the design details for the Project and all who wished to comment on the matter were allowed to be heard; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code § 511 -137 et seq. and New York General City Law § 27 -a, received and reviewed the Application materials for the Project and, after fully discussing this matter, has decided to approve the Site Plan as presented in the Application materials, including the Amendment to the LOI dated October 31, 2014; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse 3624146 -2 environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF "), attached as Exhibit "L" to the September 24, 2014 LOI, as amended by the FEAF attached as Exhibit "W" to the October 31, 2014 Amendment to the LOT, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not require the preparation of a Draft Environmental Impact Statement ( "DEIS "). Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27- a, as follows: 1. The Applicants are seeking Site Plan approval for a mixed -use development to contain 191 residential units supported by approximately 57,000 square feet of non - residential space and underground and surface parking for 283 vehicles. The Project involves the demolition of five existing multi- family residential buildings, the residents of which will be offered relocation elsewhere within the Pilgrim Village complex. 2. The Planning Board has made the following determinations with respect to the Applicants' request for Site Plan approval for the Project: a. The Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; c The proposed design for the Project is aesthetically appropriate and will provide residential and non - residential offerings to meet growing needs in the Site's neighborhood; d. The design of entrances and traffic circulation surrounding the Project will minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; e. The Project will add sufficient parking to serve the Site and to comply with the parking requirements set forth at Code § 511 -96, and adequate snow storage will be provided on -site; f. The Project incorporates adequate ingress, egress and disabled accessibility for pedestrians; g. The Project will incorporate storm water retention measures to comply with the standards set forth in the Buffalo Sewer Authority's Stormwater Management Plan; h. The Project incorporates adequate and appropriate landscaping that satisfies City requirements for the Site; 3624146 -2 i. The Project provides adequate fire lanes and emergency access; j. The Project is not anticipated to result in any ponding, flooding and /or erosion; and k. The Project and the Site Plan will meet recognized needs in tile Site's area and will be a positive addition that is compatible with the surrounding uses, structures and buildings. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 5th day of November, 2014.R REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2308 SEQR- NEGATIVE DECLARATION- PILGRIM VILLAGE STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE This notice is issued by the City of Buffalo ( "the City ") Planning Board (the "Planning Board ") in a Coordinated Environmental Impact Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA "). The Planning Board has determined that the proposal by McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P. (collectively, the "Applicants ") to redevelop a — 3.4 acre portion of the existing Pilgrim Village residential complex at the comer of East North Street and Ellicott Street (the "Site ") as described herein, will not have any significant adverse impact on the environment; that a Negative Declaration pursuant to SEQRA should be issued; and that no Environmental Impact Statement need be prepared. Reasons supporting this determination are fully explained below. Pilgrim Village Redevelopment / Campus Square 903 Ellicott Street: 100.71 -3 -1.1 1100 Michigan Avenue: 100.72 -1 -1.1 150 North Street East: 100.72 -1 - 17.11 (for rezoning only) Buffalo, New York 903 Ellicott Street: Pilgrim Village Associates, L.P. 1100 Michigan Avenue: Pilgrim Village Associates, L.P. 150 North Street East: Cornerstone Manor, L.P. Current: R3 (Dwelling District), M 1 (Light Industrial District) and C 1 (Neighborhood Business District) Proposed: CM (General Commercial District) Project Description: The Applicants will redevelop the Site by replacing several existing multi -unit apartment buildings with a new mixed -use building and by renovating other multi -unit apartment buildings (the "Project "). The Site comprises approximately 3 acres in total. The Project will consist of: (1) rezoning the block bound by East North Street, Michigan Avenue, Best Street and Ellicott Street, including land owned by the Applicants and an adjacent parcel owned by Cornerstone Manor, L.P, (which has granted written approval for the rezoning) (collectively "Affected Parcels "); (2) subdividing the land comprising the Site; (3) demolishing five of Pilgrim Village's existing buildings; (4) constructing a new building approximately 106 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2309 C. SCANLON— LETTERS OF SUPPORTFOR BUFFALO NIAGARA RIVERKEEPER'S PLAN FOR THE OUTER HARBOR Dear Mr. Chwalinski I am requesting that the attached article be late filed for the next Common Council meeting, scheduled for November i2, 2014 Thank you for your assistance. Sincerely, Christopher P. Scanlon Dear Representative Higgins: I was both pleased and relieved to see you and Assemblyman Scan Ryan endorse Buffalo Niagara Riverkeeper's plan for the Outer Harbor. I have received countless emails and phone calls regarding Erie Canal Harbor Development's plan and the message has been clear: the public does NOT want housing to obstruct their access to the waterfront. I wholeheartedly support and applaud your dedication to ensuring that the voices of the residents of Buffalo are heard when it comes to planning the future of the Outer Harbor. Please do not hesitate to contact me at cscan Ion 0- cit *- buffalo.com or 716- 851 -5169 if I can assist you in any way. Sincerely, Christopher P. Scanlon South District Councilmember REFERRED TO THE SPECIAL COMMITTEE ON WATERFROINT DIVELOPMENT NO. 2310 D. SMITH - LEAGUE OF WOMEN VOTERS OF BFLO NIA CONCERNS ACTIONS UNDERTAKEN BY THE EC HARBOR DEV CORP Please see attached. To be filed at the Buffalo Common Council Meeting held on November 12, 2014 Kenneth Adams, President and CEO, Empire State Development Dear Mr. Adams: The League of Women Voters of Buffalo /Niagara ( LWVBN) has maintained an active interest in the use and development of the region's waterfronts in Erie County for many years. A core value of the League is citizen participation in all parts of government. Therefore, we are examining and monitoring closely the manner in which various governmental agencies that own or regulate the Outer Harbor properties in Buffalo, NY, guide its future development, This letter is in regard to actions undertaken by the Erie County Harbor Development Corporation ( ECHDC), a subsidiary of Empire State Development. The ECHDC commissioned a study of the City of Buffalo's Outer Harbor to create a "blueprint" for future development. This process is currently in its final stages, having completed a public presentation on September 9. Consultants expect to issue their final report by October 1, 2014. The LWVBN regards the whole process as flawed, from its very inception. First, the Request For Proposals (RFP) for the Outer Harbor was and is not readily available to the public, whether on the ECHDC website or in hard copy. Second, the "public meetings" conducted by the consultants failed to engage the public in meaningful discussions. At these meetings the public was divided into small groups where their views were collected and funneled to the consultants. At no time was there an opportunity to share their visions with each other. Therefore, the resulting "plan" is a vision created by the consultants, not the community's vision for the Outer Harbor arrived at through consensus. Third, the planning process has been hurried along as requested in the RFP, without regard for effective public engagement. The "public meetings" were held in July and August when many people were away from the area; the September 9 summary meeting was held on Primary Day. Since planning efforts for the Outer Harbor have been ongoing for several years, the ECHDC should have allowed this current process to engage the public more effectively, and to build directly on the work done previously. Furthermore, the ECHDC has not acknowledged the need for required State Environmental Quality Review Act oversight. Since development of a "plan" is considered an "Action" requiring SEAR, the October 1 roll -out cannot be a viable plan for the Outer Harbor. Instead, environmental impact studies should be done in compliance with SEQR regulations, followed by public hearings, which then lead to a realistic plan. Therefore, the LWVBN asks that Empire State Development tell its subsidiary, ECHDC, to pause this process in order to engage the public fully and transparently through these actions: publish the RFP on its website; make the Board agendas available to the public; conduct an appropriate environmental review; conduct public hearings as required by SEQRA. The LWVBN appreciates the effort and motivation that underlies this push by the ECHDC to establish viable public use and enjoyment of the Outer Harbor. Much can be done in the future to enhance public access, encourage recreational activities and protect the natural environment of the Outer Harbor. However, the whole of the public must be able to participate fully in planning for the future of this unique community asset. The LWVBN and the public expect your prompt reply. REFERRED TO THE COMMITTEE ON WATERFRONT DEVELOPMENT NO. 2311 J. WALKOWSKI -NYS OFFICE OF PARKS - SUPPORTS EXPANDING LINWOOD HISTORIC PRESERVATION DISTRICT Dear Dr. Niemiec, I am pleased to support the efforts of the Linwood Preservation District and Friends Neighborhood Association to expand the locally designated Linwood Historic Preservation District. The area of Linwood Avenue between North Street and West Ferry Street was originally established as a local historic district in the late 1970s, celebrating and protecting the rich residential history and development of the street. This designation, made during a time of great economic uncertainty in Buffalo, helped make Linwood the vibrant place to live and work that it is today. Expanding the boundaries to include all properties along the length of Linwood Avenue will further help protect the unique architectural and historical character of the street. It will also yield a fuller and more complete understanding of the growth of the city from downtown to Forest Lawn Cemetery during the second half of the nineteenth century when Buffalo was at the height of its economic and social prosperity. It is my understanding that there is a good deal of local support for this initiative among property owners and residents, as well as from the Buffalo Historic Preservation Board and Preservation Buffalo Niagara. The current Linwood Historic Preservation District has been certified for tax purposes by the National Park Service, allowing property owners in that area access to historic preservation tax credits. Our office has already worked with several property owners on Linwood Avenue to rehabilitate and revitalize their properties using the tax credits. Once the boundary expansion has been approved by the Common Council, I will be happy to work with your organization and the City of Buffalo to certify this expansion area. Once certified, this will allow property owners access to the state homeowner tax credit of 20% and the state and federal tax credits of a combined 40 %, This promises to have a significant impact On the maintenance, reuse and rehabilitation of properties north of West Ferry Street, as the tax credits have had in areas such as Allentown and the Elmwood Village. At the present time the state tax credit program is due to sunset at the end of 2019, giving property owners a narrow window to take advantage of this valuable opportunity Sincerely, Jennifer Walkowski Historic Preservation Specialist, National Register Unit New York State Historic Preservation Office REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 2312 S. ALWISHAH, OWNER, USE 1900 HERTEL TO REOPEN A TAKEOUT RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT (UNIV)(HRG 11/18) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2313 R. JOHNSON, AGENT, USE 1580 GENESEE FOR A FREESTANDING SIGN (FILL)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 2314 APPOINT CHIEF INFORMATION OFFICER(EXEMPT)(BARNES)(MIS) (CCP# 2158, 10/28) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 2315 APPOINT ACCOUNT CLERK TYPIST (INTER)(HAMPTON)(PERM)(PW) CCP# 2174,14-10/28 Mr. Wyatt moved: That Communication 2174 of Oct 28, 2014, be received and flied and that the Permanent Appointment of Haven A. Hampton, 2 North Parade, Buffalo, NY 14211 at the Intermediate Salary of $32,584.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2316 APPOINT FLEET COORDINATOR(5 STEP)(MAZUR)(PERM)(PW) CCP# 2175, 14 -10/28 Mr. Wyatt moved: That Communication 2175 of Oct 28, 2014, be received and filed and that the Permanent Appointment of William Mazur, 50 Hillower Drive, Orchard Park, NY 14127 at the 5th Step of $52,188.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2317 APPOINT MOTOR EQUIPMENT MECHANIC( ) STEP)(NEISON)(PERM)(PW) CCP# 2175, 14 -10/28 Mr. Wyatt moved: That Communication 2176 of Oct 28, 2014, be received and filed and that the Permanent Appointment of Gregory Nelson, 105 Arden Ave, Buffalo, NY 14215 at the 5th Step of $39,535.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2318 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLERK) (CCP# 2195, 10/28) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 2319 BOND RESOLUTION - NORTH BUFFALO RAILS TO TRAILS (ITEM NO. 2249, C.C.P., OCT. 28, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the issuance of $428,000.00 General Improvement Bonds of the City of Buffalo to finance the local share of the cost of construction of a 6,850 foot long and 12 foot wide multi -use recreational trail along the Niagara Frontier Transportation Authority's Tonawanda right -of -way and also upon certain City -owned properties from the LaSalle Metrorail Station on Main Street to Kenmore Avenue in the City, at the estimated maximum cost of $1,332,000.00, and authorizing $904,000.00 expected to be received from the United States of America and /or the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 8, NOES 0 NO. 2320 PERMISSION TO HIRE CONSULTANT -COCA COLA FIELD REHAB(AMENDED)(PW) (C.C.P. #14 -1715 COM. SEPT 2) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Fontana now moves that the above item be Recommitted to The Committee on Finance. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 2321 RESCIND SALE & FORFEIT DEPOSIT -1606 JEFFERSON (MAS)(STRAT PLAN (C.C.P. #14 -2151 COM, OCT 28) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the abov item be Recommitted to The Committee on Community Development. ADOPTED NO. 2322 TRANSFER OF 770 ELLICOTT, 225 AND 252 ALLEN TO THE COB(STRAT PLAN) (C.CP. #14 -2156 COM, OCT 28) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted to The Committee on Community Development. ADOPTED NO. 2323 D. FUNKE- CONCERNS OUTER HARBOR PUBLIC MEETING (C.C.P. #14 -1985 NO., SEPT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 2324 RESPONSE OR BSA S CONSTRUCTION ON BIRD AVE AND LANG AVE PROJECTS(BSA) (C.C.P. #14 -1582 CORN, JULY 22) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 2325 D. PRIDGEN -J. GARDELLA- REVIEW OF ENVIRONMENTAL ISSUE RELATING TO BSA CONSTR ON BIRD AVENUE (C.C.P. #14 -1609 NO., JULY 22) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 2326 D. RIVERA- ARTICLE -GREEN INFRASTRUCTURE TO MITIGATE POLLUTION (C.C.P. #14 -1251 NO., JUNE 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 2327 D. RIVERA -S. HOYT -PEACE BRIDGE PROJECTS AND HEALTH CONCERNS (C.C.P. #14 -596 NO., MAR 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 2328 J. MCDONALD- REVIEW OF AIR QUALITY AND ASTHMA ISSUES AT PEACE BRIDGE PLAZA (C.C.P. #12 -68 NO., OCT 2)(#47, 9/18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P, SCANLON, CHAIRMAN) NO. 2329 RESTAURANT DANCE CLASS III (NEW) — 427 ELMWOOD (NIA)(EDPI) (ITEM NO. 2182, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for denial; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class III License (new) to Adel Ali d /b /a Epic Restaurant located at 427 Elmwood. DENIED NO. 2330 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 2187, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on November 13, 2014 is hereby denied. DENIED NO. 2331 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 2188, C.C.P., OCT. 28, 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 application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on November 20, 2014 is hereby approved. PASSED AYES 8, NOES 0 NO. 2332 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 2189, C.C.P., OCT. 28, 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 application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on December 4, 2014 is hereby approved. PASSED AYES 8, NOES 0 NO. 2333 A. REXHEPI, AGENT, TO USE 2422 SOUTH PARK FOR A TAKE -OUT RESTAURANT (SOUTH) (ITEM NO. 2207, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of A. Rexhepi, Agent, to open a takeout restaurant located at 2422 South Park. PASSED AYES 8, NOES 0 NO. 2334 R. JOHNSON, OWNER, TO USE 1177 ABBOTT ROAD TO REOPEN AN EXISTING RESTAURANT (SOUTH)(DPIS) (ITEM NO. 2208, C.C.P.. OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of R. Johnson, Owner, to reopen an existing sit -in restaurant under new ownership located at 1177 Abbott Road. PASSED AYES 8, NOES 0 NO. 2335 J. CZERNIAK, AGENT, TO USE 220 ALLEN STREET TO RE- ESTABLISH A TAKE -OUT RESTAURANT IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(DPIS) (ITEM NO. 2209, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Czerniak, Agent, to reestablish a take -out restaurant located at 220 Allen Street in the Allen Street Special District. PASSED AYES 8, NOES 0 NO. 2336 B. NELSON, AGENT, TO USE 1535 HERTEL FOR A MIXED USE AND USE OF A TASTING ROOM (DEL)(DPIS) (ITEM NO. 2210, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of B. Nelson, Agent, to use the first floor storefront of a three -story frame mixed -use building to add the use of a tasting room located at. 1535 Hertel. PASSED AYES 8, NOES 0 NO. 2337 M. CROCE, OWNER, TO USE 217 DELAWARE AVENUE FOR TWO NON ACCESSORY POLE SIGNS (ELL)(DPIS) (ITEM NO. 2211, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Croce, Owner, to erect two non - accessory pole signs located at 217 Delaware Avenue. PASSED AYES 8, NOES 0 NO. 2338 M. CROCE, OWNER, TO USE 196 FRANKLIN FOR LED POLE SIGN (ELL)(DPIS) (ITEM NO. 2212, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Croce, Owner, to erect a LED pole sign located at 196 Franklin. PASSED AYES 8, NOES 0 NO. 2339 M. CROCE, OWNER, TO USE 279 FRANKLIN FOR A NON ACCESSORY POLE SIGN (ELL)(DPIS) (ITEM NO. 2213, C.C.P., OCT. 28, 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 Mr. Croce, Owner, to erect a non - accessory pole sign located at 279 Franklin. PASSED AYES 8, NOES 0 NO. 2340 M. CROCE, OWNER, TO USE 690 MAIN FOR TWO NON ACCESSORY POLE SIGNS (ELL)(DPIS) (ITEM NO. 2214, C.C.P., OCT. 28, 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 Mr. Croce, Owner, to erect two non - accessory pole signs located at 690 Main Street. PASSED AYES 8, NOES 0 NO. 2341 M. CROCE, OWNER, TO USE 79 MOHAWK WEST FOR TWO NON ACCESSORY LED POLE SIGNS (ELL)(DPIS) (ITEM NO. 2215, C.C.P., OCT. 28, 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 Mr. Croce, Owner, to two non - accessory LED pole signs located at 79 Mohawk West. PASSED AYES 8, NOES 0 NO. 2342 M. CROCE, OWNER, TO USE 85 MOHAWK WEST FOR A NON ACCESSORY LED POLE SIGN (EII)(DPIS) (ITEM NO. 2216, C.C.P., OCT. 28, 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 Mr. Croce, Owner, to erect a non - accessory LED pole sign located at 85 Mohawk West. PASSED AYES 8, NOES 0 NO. 2343 M. CROCE, OWNER, TO USE 406 PEARL STREET FOR TWO NON ACCESSORY LED POLE SIGNS (EII)(DPIS) (ITEM NO. 2217, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Croce, Owner, to erect two non - accessory LED pole signs located at 406 Pearl Street. PASSED AYES 8, NOES 0 NO. 2344 M. CROCE, OWNER, TO USE 432 PEARL STREET FOR A NON ACCESSORY LED POLE SIGN (EIL)(DPIS) (ITEM NO. 2218, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Croce, Owner, to erect a non - accessory LED pole sign located at 432 Pearl Street. PASSED AYES 8, NOES 0 NO. 2345 M. CROCE, OWNER, TO USE 478 PEARL STREET FOR A NON ACCESSORY LED POLE SIGN (ELL)(DPIS) (ITEM NO. 2219, C.C.P., OCT. 28, 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 Mr. Croce, Owner, to erect a non - accessory LED pole sign located at 478 Pearl Street. PASSED AYES 8, NOES 0 NO. 2346 M. CROCE, OWNER, TO USE 297 WASHINGTON FOR A NON ACCESSORY LED POLE SIGN (ELL)(DPIS) (ITEM NO. 2220, C.C.P., OCT. 28, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Croce, Owner, to erect a non - accessory LED pole sign located at 297 Washington. PASSED AYES 8, NOES 0 NO. 2347 REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF BUFFALO AND GENERAL MILLS PROPERTIES, INC. FOR A PORTION OF THE SOUTH MICHIGAN AVENUE RIGHT -OF -WAY FOR BUSINESS AND SECURITY PURPOSES (SOUTH)(STRAT PLAN) (ITEM NO. 2237, C.C.P., OCT. 28, 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 revocable license agreement with General Mills Properties, Inc. for a portion of the South Michigan Avenue right -of -way (approximately 50' wide by 4975 long) for security improvements and related measures at their South Michigan Avenue location, with an annual license fee of Three Thousand Two Hundred Eight Dollars ($3,280.00), and That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the 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 of South Michigan Avenue; and that the Common Council hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Revocable License Agreement and related arrangements. PASSED AYES 8, NOES 0 NO. 2348 FOOD STORE LICENSE (NEW) - 1086 BROADWAY (FILL)(DPIS) (ITEM NO. 2086, C.C.P., OCT. 14, 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 Abidur Rahman d /b /a Madina Market Inc. located at 1086 Broadway, upon the following conditions: • Hours of operation: store must close by 11:00 p.m. Sunday through Saturday • House of operation: store must close by 12:00 midnight on Friday and Saturday • No hand painted signs • No obstruction of windows • Working security cameras inside and outside of the store • No selling of "loose" items, i.e., cigarettes, single diapers • No selling of drug paraphernalia, including "one -hit" glass tubes, cigarette rolling papers • No selling of Alcohol or Cigarettes • Only allowed selling of spices PASSED AYES 8, NOES 0 NO. 2349 D. HALL, AGENT, TO USE 617 WEST DELAVAN TO REZONE FROM A R2 TO AN EB SO THAT THE PARCEL MAY BE MERGED WITH 905 ELMWOOD (DEL) (ITEM NO. 2002, 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 D. Hall, Agent, to rezone 617 West Delavan from a R2 to an EB so that the parcel may be merged 905 Elmwood, an adjacent property. PASSED AYES 8, NOES 0 SPECIAL COMMITTEES POLICE OVERSIGHT (DAVID A. RIVERA, CHAIRMAN) NO. 2360 GPS TECHNOLOGY AIMS TO REDUCE # OF HIGH SPEED POLICE PURSUITS(EXC RES) (C.C.P. #14 -1930 RES, SEPT 16) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 2361 D. SMITH -CRIME IN THE CITY OF BUFFALO (C.C.P. #33 NO, APRIL 13) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 2362 SPONSOR: COUNCIL MEMBER RICHARD A. FONTANA WAIVING CITY STAGE FEES FOR BACK TO BASICS OUTREACH MINISTRIES November 6, 2014 Whereas: Back To Basics Outreach Ministries, Inc. is one of the most progressive agencies in the field of re -entry, transitional housing, substance abuse counseling, youth development and spiritual enrichment; and Whereas: The development of long term and effective programming to improve the quality of life for the most vulnerable, is staffed by a team of dedicated and diverse group of volunteers who are committed to the mission of the organization; and Whereas: On Saturday November 8, 2014, from 10:30 until 5pm Back To Basics Outreach Ministries will host a gathering of former gang members that will speak on their success in turning their lives around after leaving gang life. At that time, they will also work on the development of programs for former gang members at the Crucial Center. NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo Common Council hereby waives the City Stage fees associated with this event. PASSED AYES 8, NOES 0 NO. 2363 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN ALL BOATS RISE - MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE (MWBE) TASK FORCE Date: October 3, 2014 Whereas: The aphorism "a rising tide lifts all boats" is associated with the idea that improvements in the general economy will benefit all participants in that economy (n.d.). Retrieved November 5, 2014, from http: / /en. wikipedia .org /wik/A_rising_tide_ lifts_ all_ boats) and the City of Buffalo would like to ensure that Minority and Women -owned Business Enterprises (MWBEs) are equally benefiting and participating in available opportunities; and Whereas: The city of Buffalo is fully committed to the utilization of certified Minority and Women -owned Business Enterprises in all aspects of its contracting activities and to the corresponding needs and obstacles they may face in gaining greater access to the contracting opportunities within the City of Buffalo; and Whereas: The City of Buffalo Common Council will implement a MWBE task force, with a specific mission and goals to enhance the cities commitment of inclusion; and Whereas: The mission of the task force will be to inform the council on ways to create a race and gender conscious program to examine policies and procedures that may reduce or eliminate aspects of the City of Buffalo's bidding and contracting processes that may be hindrances for MWBEs; and Whereas: The actions of the MWBE task force will include reporting on the progress of existing city contracts and assisting in disseminating information concerning upcoming business opportunities while assisting with offering and implementing solutions for MWBE advancement; and The goals of the MWBE task force will include ensuring that MWBEs be afforded maximum opportunity to participate in City construction and professional service projects. Now, Therefore be it Resolved. That the City of Buffalo Common Council will adopt a Minority and Women -owned Business Enterprise task force; Now, Therefore be it Further Resolved. That the task force will be comprised of appointees from each City of Buffalo council district. Each Council Member will have the opportunity to select an individual to serve on the MWBE task force, that has current involvement as well as the proficiencies and knowledge base that would prove valuable in the advancement of MWBEs. Now, Therefore be it Finally Resolved: That the Council requests that the Administration appoint a liaison to the task force to provide race necessary for the task for to complete its mission. ADOPTED NO. 2364 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN STRATEGIC PLAN FOR FRUIT BELT NEIGHBORHOOD Date: November 3, 2014 Whereas: The City of Buffalo's Fruit Belt neighborhood is an important and long standing community. It is one of the city's oldest neighborhoods and has a rich history with ties to Harriet Tubman and the Underground Railroad; and Whereas: This community is comprised of residents who have over time fought to strengthen their social fabric, improve housing conditions, and to improve the education of the children in the neighborhood; and Whereas: The Fruit Belt is one of the communities that surrounds the Buffalo Niagara Medical Campus (BNMC) and is greatly affected by the changes that are related to the growth and expansion of this project. Due to the tremendous advancement of the BNMC there is a need to involve the citizenry in shaping their neighborhood; and Whereas: With the current changes and developments in the Fruit Belt community, a need has arisen to put a Strategic Plan in place for this community, to set direction and priorities, focus resources, and ensure that other parties are working along with the Fruit Belt with common goals. Now, Therefore be it Resolved: That the City of Buffalo Common Council request that the City of Buffalo Office of Strategic Planning work with the residents, businesses, organizations and other stakeholders of the Fruit Belt in a formal process to create a strategic plan for the neighborhood; Now, Therefore be it Further Resolved: That no city property within the boundaries of the Fruit Belt ( as identified to be the area north of Cherry Street, south of Best Street, east of Main Street and west of Jefferson Avenue,) be sold until such strategic plan is in place and approved by Administration and the City of Buffalo Common Council; Now, Therefore be it Finally Resolved: That copies of this resolution be forwarded to The Mayor's office, the Director of the City of Buffalo's Office of Strategic Planning and the Fruit Belt Advisory Council. ADOPTED NO. 2355 SPONSOR: CHRISTOPHER P. SCANLON URGE THE CITY OF BUFFALO DEPARTMENT OF PARKS AND RECREATION TO CONSIDER INSTITUTING WEEKEND HOURS AT CITY COMMUNITY CENTERS DURING WINTER MONTHS Date: November 11, 2014 WHEREAS: The City of Buffalo's Community Centers play a fundamental role in the development of the city's youth: and WHEREAS: Although the City of Buffalo's Community Centers are not open throughout the weekend, the habitual use by the city's youth will only help to provide a safe, supervised place for them to grow and develop along with other youth; and WHEREAS: By having the Community Centers open on the weekend, the youth of the city will have a place to interact with other youth outside of the classroom in a more relaxed and welcoming setting; and WHEREAS: In doing so, this would help to provide a healthy, safe and encouraging environment for those youths to grow in a peaceful environment; and WHEREAS: By having the youth of our city off the streets, there will be less time for them to be impressed upon in a negative manner; and WHEREAS: By having a safe environment for the youth to develop, there is a greater chance they will learn something productive that can positively impact their lives rather than the poor influence you sometimes receive from the streets; and WHEREAS: Having this positive environment available for the youth of city may curtail their involvement in street violence as well; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works' Parks Division to seriously explore the plausibility of opening City of Buffalo Community Centers on the weekends during winter months (November 1 sc - March 31 sc ); and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Department of Public Works' Parks Division. ADOPTED NO. 2356 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEES 13 ANNUAL CHRISTMAS IN THE PARK Date: November 10, 2014 WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, South Buffalo Alive and the Greater South Buffalo Chamber of Commerce will hold the 13 Christmas in the Park on Saturday, December 6 th from 5:OOpm- 8:OOpm at Tosh Collins Community Center; and WHEREAS, This is a free event that serves close to 1,000 people each year, providing children with the opportunity to meet Santa, receive a special gift, listen to holiday music, enjoy hot chocolate and cookies and socialize with their friends; and WHEREAS, Both South Buffalo Alive and the Greater South Buffalo Chamber of Commerce are nonprofit organizations that depend on sponsorship to deliver this much anticipated event each year; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Departments of Public Works and Special Events to waive all fees applicable to Christmas in the Park at Tosh Collins Community Center; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Public Works and Special Events. PASSED AYES 8, NOES 0 NO. 2357 BY: MR SMITH COUNCIL PRESIDENT PRIDGEN EXCUSED FROM COUNCIL MEETING Resolved: That Council member Darius G. Pridgen be, and is hereby excused from attendance at the Common Council Meeting of November 12, 2014. ADOPTED NO. 2358 BY MESSRS: SMITH, RIVERA, PRIDGEN, LOCURTO, WYATT, FONTANA, FRANCZYK, GOLOMBEK, SCANLON LAFAYETTE HIGH SCHOOL Whereas: Major population shifts have effected education at Lafayette High School. Lafayette High School went from 45 to 498 English Language Learners from 2004 to 2014, many of whom had interrupted education- years without schooling before arriving in America; 300 students were added to Lafayette High School after the closures of Kensington High School and Seneca Vocational. The closure of Grover brought the Buffalo Public School's only Secondary Bilingual Program to Lafayette High School and the only program for Students with Interrupted Formal Education. School #45's 7 th and 8 th grade was added too; and Whereas: Lafayette High School has never received State Improvement Grant Money to turnaround the School; and Whereas: The New York State Education Department provides translations of Regents Examinations into languages that are not found in large numbers in Buffalo such as Chinese, Haitian Creole, Russian, and Korean. The languages spoken at Lafayette High School are: Spanish, Karen, Nepali, Arabic, Somali, and Burmese; Therefore, Be It Resolved: That the Common Council requests Governor Andrew M. Cuomo and New York State Education Department Commissioner John B. King Jr. to: Provide State Improvement Grant Funds for Lafayette High School, NYSED to provide translations of New York State Regents Examinations and Bilingual Glossaries as afforded to other language groups in the state, extend waivers for schools designed for adolescent English Language Learners, which exist in New York City, Extend Regents Examination Translations and Waivers to Lafayette High School; and Be It Finally Resolved: That the Common Council requests this resolution be forwarded to Governor Andrew M. Cuomo, The Western New York Delegation of the New York State Senate and Assembly, members of the Board of Regents, Commissioner of Education John B. King Jr., and P -12 Education Deputy Commissioner Cosimo Tangorra. ADOPTED NO. 2369 COUNCIL MEMBER RASHEED N. C. WYATT SUBMITTED THE FOLLOWING RESOLUTION: KENSINGTON AVENUE TRAFFIC STUDY In the Common Council of the City of Buffalo, On November 12, 2014 Whereas: Kensington Avenue is considered to be one of the most traveled thorough fares in the University District for vehicular and pedestrian traffic due to its accessibility to the City of Buffalo. It serves as a major through fare for access to and from Williamsville, Amherst, Cheektowaga, and other intersections; and Whereas: The connecting arteries of primarily Eggert Road, Suffolk Street, Orleans and Bailey Avenues via Kensington Avenue at peak times are somewhat confusing and causes frustration for vehicle traffic and pedestrians. Kensington and Bailey Avenues as well as Kensington and Suffolk has been long standing complaints by residents in need of directional signals within the traffic light; and Whereas: The speeding on Kensington Avenue presents a safety risk to residents. Residents who reside on Kensington Avenue have acknowledged that it is difficult to access their driveways at times. There have been numerous accidents over the past several months that is contributing to Kensington Avenue present conditions; and Whereas, The vibration from trucks utilizing Kensington Avenue impacts residents homes that cause great concern, as well as the excessive noise. In addition, Kensington is used as an alternative route detour for the 33 Expressway and other though fares as necessary. This adds to residents concern to address the traffic and noise volumes, speed and pedestrian needs: Now, Therefore, Be It Resolved that The City of Buffalo Common Council- - Request the Department of Public Works to conduct a traffic study of Kensington Avenue, to identify safety access, excessive traffic, noise volume, appropriate signage, and signal enhancements needed in adherence to the present City ordinance; within 90 days, provide a written report of its findings to the Buffalo Common Council by February 17, 2015 Common Council meeting. ADOPTED NO. 2360 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 31,2016, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Total: 460 Adopted 11/12/14 1) Acosta, Nancy 2) Adams, Christian J. 3) Adler, Sharon R. 4) Aiello, Catherine E. 5) Antos, Philip P. 6) Arinci, Maria R. 7) Arnold, Janet M. 8) Baczkowski, David 9) Bagarozzo, Debra A. 10) Baldwin, Mary H. 11) Ballesteros, Mary A. 12) Balys, Jeanine A. 13) Barca, Mary S. 14) Barker, Marlena 15) Bamas, Julie 16) Barone, Geraldine A. 17) Barthelemy, Roseann 18) Bartz, Cheri L. 19) Batcho, Christine 20) Baumgardner, Lynn 21) Belden, Laurie A. 22) Bevilacqua, Madonna D. 23) Bienkowski, Gary A. 24) Billings, Sean C. 25) Biniewski, Marcella A. 26) Biondo, Lynn 27) Bishop, Sarah E. 28) Blaszkowiak, Maria 29) Blenker, Bonnie L. 30) Bodack, Jaclyn E. 31) Bollman, Bryan J. 32) Bologna, Rose 33) Borman, Janis 34) Boulware- Wright, Lanette D. 35) Bourdette, Sarah 36) Bowers, Patrick J. 37) Braungart, Bonnie M. 38) Breidenstein, Kimberly 39) Bremer, Candice L. 40) Brenner, Jill 41) Brown, Alan D. 42) Brown, Deidre L. 43) Brunn, Donna 44) Bryant, Melinda L. 45) Bryant, Tiffany C. 46) Bucci, Katelin 47) Burke, Catherine 48) Burks, Tashares 49) Burton, Susan 50) Calderon, Susele M. 51) Camarre, Laurie A. 52) Campbell, Cheryl A. 53) Cannizzaro, Michele G. 54) Carabello, Cynthia 55) Carmer, Claire V. 56) Caruso, Samuel T. 57) Cary, Eileen 58) Cash, Joelle D. 59) Cassillas, Gabriel 60) Caster, Diane L. 61) Castro, Kathleen A. 62) Castro, Mildred 63) Chirm, LaShawn 64) Christy, Cynthia L. 65) Christy, Thomas R. 66) Clabeau, David M. 67) Coburn, Gina M. 68) Cochrane, Janet 69) Cole, Annette 70) Coleman, Kristen 71) Coleman, Saundra M. 72) Collins, Frederick W. 73) Collins, Melinda 74) Connolly, Rosemary K. 75) Cook, Wendy 76) Coppola, Denise M. 77) Corsi, Anastasia 78) Cosby, Cassandra 79) Costantino, Jacqueline K. 80) Costello, Colleen 81) Couell, JoAnna M. 82) Courtemanche, Linda 83) Cowan, Emily J. 84) Cravatta, Judith A. 85) Crawford, Eileen G. 86) Cruz, Michael A. 87) Cucinotta, Joseph M. 88) Curry, Kerry 89) Daniels, Julie A. 90) Deamer, Brad Alan 91) Dearlove, Cheryl 92) DeCarlo, Dan 93) Deck, Constance J. 94) DeLauro, Sara M. 95) DeLoach, Janet 96) DeMarco, Adriane 97) Demmons, Christine D. 98) Dempsey, Maria L. 99) Derousseau, Andrea L. 100) Diaz Jr., Luis G. 101) DiBella, Loretta 102) Dion, Pamela A. 103) Dirr, Michele 104) DiVito, Patricia 105) Doody, Alexander J. 106) Douglas, Kisha L. 107) Douglas, Winifred D. 108) Drake, Linda L. 109) Drobits, Sharon 110) Duncan, Susan 111) Dwyer, Amelia L. 112) Dwyer, Hannah Jane 113) Dziekonski, Judith A. 114) Dziewa, Lisa A. 115) Ehrrnann, Roberta M. 116) Erwin, Juanita 117) Escabi, Michelle R. 118) Evans, Carly D. 119) Evans, Tiana 120) Faltisco, Mary Ellen 121) Farah, Ismahan 122) Fenski, Peter J. 123) Fertita, Christine M. 124) Filipski, Jane D. 125) Fiorella, Judith 126) Fischer, Kim 127) Fitzpatrick, Kathleen 128) Flegal, Lisa A. 129) Foley, Andrea C. 130) Ford, Josine 131) Forney, Sean 132) Foster, Felicia D. 133) Foster, Patricia Jo 134) Fowler Jr, Willmer 135) Franceschi, Michelle M. 136) Francoforte, Lisa M. 137) Franklin, Janell 138) Frydrychowski, Donna A. 139) Galbreath, Gary 140) Gallivan, Conor P. 141) Gavin - Pokrandt, Janine 142) Geller - Alonji, Rise T. 143) Gerace, Heidi A. 144) German, Isaac L. 145) Getz, Carole 146) Gibson, Deborah A. 147) Gierke, Donna 148) Gilmour, Margaret A. 149) Golab, Marta 150) Gomez, Rolando M. 151) Gonciarz, Kathy L. 152) Gonzalez, Gretchen M. 153) Goodie, Gregory F. 154) Goosman, Gena M. 155) Gospodarski, Robert 156) Gould, Carl A. 157) Green, Donna S. 158) Griffith, Elisa 159) Grippi, Jo Anne 160) Grzebielucha, Pamela L. 161) Grzankowski, Regina L. 162) Hadley, Diane B. 163) Hairston, Carol 164) Halaiski, Renata 165) Hamilton, Linda 166) Hapka, David M. 167) Harig, Natalie 168) Harper, Sharon 169) Harris, Patricia 170) Hayden, Sandra 171) Hearn, Rubie L. 172) Hernandez, Rose Mary 173) Herr, Janet L. 174) Hibbard, Sara J. 175) Hicks, Robin 176) Hildebrand, June M. 177) Hill, Judith 178) Hoffstetter, James R. 179) Hreshckyshyn, Yuri 180) Huber, Andrea 181) Hudson, Dale M. 182) Hudson, Jeanette 183) Hunter, Judy L. 184) Itzenplitz, Susan M. 185) Jacobs, Christopher L. 186) Jackson, Averricia M. 187) Jackson, Nancy M. 188) Jacobs, Jennifer L. 189) Jarosz, Cynthia 190) Jarosz, Maralouise M. 191) Jensen, Eileen 192) Jester, Susan L. 193) Jividen, Mary D. 194) Johnson, Dorothy A. 195) Johnson, Geneva D. 196) Kaczmarek, Diane 197) Kalosza, Deborah A. 198) Kamionka, Patricia L. 199) Kasprzyk, Nicholas J. 200) Kaylor, Michele S. 201) Kazmierczak, Linda C. 202) Kedzierski, Andrew 203) Kegler, Erin 204) Keller, Julie A. 205) Kellerman, Renee N. 206) King, Renee M. 207) Kinyoun, Brian 208) Kish, Laura 209) Kleotzer, Josette M. 210) Kline, John 211) Klosko- Sorrentino, Amy M. 212) Knapp, Christine 213) Kobylak, James 214) Kostek, Nancy B. 215) Kostrzewski, Loretta C. 216) Kotaska, Jonathan 217) Kotsis, Debra 218) Kowalski, Deborah A. 219) Kowalyk, Adam A. 220) Krawczyk, Joyce J. 221) Krull, Bonnielyn 222) Kubiniec, Thomas D. 223) Kujawa, Gavin R. 224) Kurzawa, Panla M. 225) Kuwik, Christopher 226) LaBarbara, Joseph 227) LaGree, Peggy A. 228) Lam, Shirley Stewart 229) Larkin, Margaret 230) Lawrence - Smith, Deborah 231) Leone, Victoria 232) Lewandowski, Jeffrey T. 233) L'Hommedieu, Christina M. 234) Lillis, Thomas J. 235) Liska, Melissa A. 236) Logan, Stacy 237) Long, Laurie A. 238) Longo, Lucille 239) Lowinger, Aaron 240) Luderman, Judith 241) Lutman, Karen 242) Machelor, Randolf E. 243) Mager - Gawronski, Brenna 244) Maglietto, Tina Marie 245) Mahoney, Anne P. 246) Malave, Diana 247) Malota, Jolene M. 248) Mang, Nathan L. 249) Mann, Cathleen D. 250) Mann, Dean 251) Mann, Kathryn 252) Manzuk, Theresa M. 253) Maraschiello, Lisa 254) Marchese, Ann S. 255) Margerum, Megan 256) Marinof, Ann Marie 257) Marks, CharBrenna Marie 258) Marks, Tianna 259) Martens, Lynn 260) Martin, Denise Marie 261) Martin, Katrina A. 262) Masecchia, Danielle 263) Masella, Edna 264) Matter, Cheryl L. 265) Maue, Paula A. 266) Maund, Sandra J. 267) Mayo, Michelle 268) McAuley, Stephanie 269) McCloskey, Gregory J. 270) McDermott, Morgan M. 271) McGee, Michael 272) McGrath, Janice 273) McHugh, Kristen 274) McLauglin, Alicia L. 275) Mercado, Maritza 276) Mesi, Kimberly M. 277) Miklos, Carin A. 278) Millholland, Norma 279) Minorczyk, Julie 280) Misehel, Janet D. 281) Miszewski, Delphine R. 282) Moorhouse, Tricia S. 283) Morrison, David C. 284) Morrison, Laura 285) Morton, Kristin A. 286) Mosley, Michelle 287) Mucha, David R. 288) Muflahi, Amira H. 289) Mulligan, Sean 290) Munson, Sandra D. 291) Murphy, Kevin P. 292) Muphy, Nicole R. 293) Murphy, Patrick Michael 294) Murray, Mary Ann 295) Murtha, Nancy J. 296) Musse, Yassin A. 297) Myers, Denise M. 298) Nelson, Christie R. 299) Nicholas, Amy L. 300) Nowicki, Tracy L. 301) Nunz, Katherine M. 302) O'Brien, Jacqueline R. 303) O'Donnell, Kathryn M. 304) Odrobina, Diana B. 305) Oldham, Kim 306) Olejniczak, Thomas J. 307) Olson, Roger A. 308) Orlando, Deborah 309) Orrange, Debra L. 310) Ortiz, Karen M. 311) Owczarzak, David H. 312) Ozark, Barbara 313) Pagan, Sonaly 314) Parker, Tommy 315) Patterson, Jennifer 316) Pawlowski, Korie M. 317) Pecoraro, Molly R. 318) Pelkey, Keith C. 319)Persico, Nancy E. 320) Pfeffer, Michele 321) Piatkowski, Dawn M. 322) Pieczynski, Catherine T. 323) Pierce, Lenay S. C. 324) Pinski, Elaine F. 325) Potwora, Leonard M. 326) Provorse, Jocelyn S. 327) Quinn, Jennifer 328) Quinn, Kevin M. 329) Raczyk, Kim M. 330) Ralls, Lucy A. 331) Ramunno, Lawrence T. 332) Randall, Benjamin J. 333) Randazzo, Deborah A. 334) Reach, Kathleen L. 335) Redden, Valerie 336) Redeye, Larissa K. 337) Reed, Darrell J. 338) Reid, Megan D. 339) Reyes- Mariano, Miguel 340) Reynolds, Jacqueline 341) Rias, Ashly S. 342) Richbart - Jarmusz, Jill C. 343) Rivera, Emlyn 344) Rivera, Miguelina 345) Rivera, Roslyn C. 346) Rizk, Judith R. 347) Rizzo, Carolyn A. 348) Rodriguez, Miranda 349) Rojas, Minerva 350) Rooney, Robert J. 351) Rosario, Edwin D. 352) Rosen - Brand, David 353) Rossitto, Linda 354) Rucker, Annette C. 355) Rucinski, Jacqueline M. 356) Rucinski, Laura 357) Runge, Patricia M. 358) Rusin, Rita R. 359) Ryan, John 360) Sacco, Sue 361) Saccomanno, Louis 362) Saleh, Ali 363) Sanders, Joshua 364) Santiago, Laurie 365) Santiago, Noemi 366) Sarkees, Kerrie 367) Saxe, Diane M. 368) Schaaf Jr., Richard E. 369) Scheifla, Rebecca M. 370) Sehichtel, Anne M. 371) Schinas, Ginette G. 372) Schlant, Mary C. 373) Schmelzer, Nancy R. 374) Schoonover, Alison 375) Schoos, Carolyn M. 376) Scinta, Maria L. 377) Seiflein, Jennifer M. 378) Serota, Sharon E. 379) Shaw, Cheryl L. 380) Short, Donna J. 381) Shugarts, Scott 382) Skorka. JoAnne I. 383) Sloma, Barbara A. 384) Slomczewski, Maria V. 385) Slowinski, Edward J. 386) Smith. Jennie 387) Smith, Mary L. 388) Solanke, Gwendolyn 389) Solfrank, Charles M. 390) Solomon, Sandra E. 391) Sommer, Debra A. 392) Sortore, Lori A. 393) Spencer, Karl 394) Spencer, Megan 395) Stachura, Janet 396) Stankowski, Karen J. 397) Stanton, Shirley M. 398) Steckmeyer, Bertha A. 399) Stevanovic, Renata 400) Strickland, Deborah L. 401) Suchan, Kristin 402) Sullivan, Korinne R. 403) Svensson, Erik D. 404) Szczitka, William Michael 405) Szymura, Stephen J. 406) Taravella, Jacqueline M. 407) Taylor, Elaine 408) Terry, Donna L. 409) Thiel, Cheryl 410 Thill, Caitlin R. 411) Thomas, Patricia S. 412) Threat, Adrienne D. 413)Thurmond, Faith B. 414) Tio, Thea Abellar 415) Todaro, Nancy E. 416) Tojek, Sharon L. 417) Toth, Louise A. 418) Trzyna, Michaeleen J. 419) Ufland, Denise 420) Valentin, Juan 421) VanDette, Constance J. 422) Vossler Jr., George A. 423) Wagner, Albert C. 424) Wagner, Kelly B. 425) Wailand, Cheryl A. 426) Walczak, Barbara 427) Walczak, Courtney M. 428) Wannemacher, Debbie 429) Ward, Mark 430) Warner, Kelsey R. 431) Wasch, Paul D. 432) Wasikowski, Lynn 433) Watkins, Alicia 434) Wawrzyniak, Michael P. 435) Wayne, Valencia M. 436) Webb, Lasheika S. 437) Webber, Angela 438) Wegrzyn, Sharyl M. 439) Weiss, Alyssa K. 440) Wentz, Rebecca 441) West, Dale 442) Westpfahl, Kellie M. 443) White, Yulanda J. 444) White - Gilbert, Ebonie 445) Wieder, Kim L. 446) Wiest, Todd A. 447) Williams, Judith W. 448) Wilson, Lynn C. 449) Winfield- Parker, Wanda 1 450) Wojcik, Brian 451) Wozniak, Rozanne 452) Wright, Karen 453) Wroblewski, Sharon D. 454) Yonkosky, Kim M. 455) Young, LaToya C. 456) Young, Nancy 457) Zajas, Mary Elizabeth 458) Ziembiec, Carol 459) Ziolkowski, Mary J. 460) Zwolinkiewicz, Tiffany A. ADOPTED BY: RASHEED N. C. WYATT NO. 2361 /e1 :2 16] ON Chl4 011 1.1-111610 :ZO7 a 1] 4 4 IR That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Brucato, Lisa Burdick, Lisa E. DeCarolis, Julie Anne Ray, Colden Schug, Anthony B. Swarts, David J. TOTAL:6 ADOPTED NO. 2362 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 18, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, November 18, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, November 18, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, November 18, 2014 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 2363 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Wyatt, the Council adjourned at 3:45 pm GERALD A. CHWALINSKI CITY CLERK Nov 12, 2014