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14-1209
NO. 23 PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 9, 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 December 9, 2014 * *FINAL ** MAYOR 2435- A. Appt Gladys Herndon -Hill to the Position of Commissioner of Human Resources CS MAYOR - EXECUTIVE 2436- 1. Cit Serv- Monthly Report- November 2014 R &F 2437- 2. Strat Plan -Amend Lease Agmt Btwn COB and Grassroots Gardens of Bflo - Delete 5 Properties APP 2438- 3. Strat Plan- Permission to Designate Developer Parkview Apts of Bflo LLC as Developer for Former Sch #59 at 769 & 781 Best St(Fill) APP 2439- 4. Strat Plan- Report of Sale 381 Broadway(Ell) CD 2440- 5. Strat Plan- Report of Sale 208 Courtland(Univ) CD 2441- 6. Strat Plan- Report of Sale 226 Prospect(Ell) CD 2442- 7. Strat Plan- Report of Sale 60 Rickert(Mas) CD 2443- 8. Strat Plan- Report of Sale 158 & 160 W. Delavan(Nia) APP COMPTROLLER 2444- 9. Audit of Office of Licenses R &F 2445- 10. Audit of Payroll Procedures for Buffalo Public School Exempt Employees R &F 2446- 10A. Certificate of Necessity R &F 2447- 11. First Quarter Gap Sheet - 2014 -15 FIN 2448- 12. Interfund Loan 2013 -2014 Capital Budgets FIN PUBLIC WORKS 2449- 13. Notification Serial #10841- 10844(waive 45 days) R &F 2450- 14. Change in Contract Destro Brothers Constr -South Bflo Spot Repair APP 2451- 15. Change in Contract Historical Society Electrical Renovations(Del) APP 2452- 16. Change in Contract Emergency Repair Oberlin Ave Water Main Replacement APP 2453- 17. Change in Contract Water Distribution System Improv -Phase 2 APP 2454- 18. Permission to Hire Consultant Cazenovia Pool Steel and Roof Replacement(South) - APP 2455- 19. Permission to Hire Consultant Engine #21 Partial Reconstr(Mas) APP 2456- 20. Report of Bids - Americans with Disabilities Act Requirements at Various CC - Job 1411 -A Asarese Matters CC(North) APP 2457- 21. Report of Bids - Americans with Disabilities Act Requirements at Various CC Job 1411 -B Lincoln Field House(Fill) APP 2458- 22. Report of Bids - Americans with Disabilities Act Requirements at Various CC Job 1411 -C Hennepin Pk CC(Lov) APP 2459- 23. Report of Bids -Old First Ward CC Gym Floor Reconstr(Fill) APP 2460- 24. Report of Bids -North Bflo Rails to Trails Project(Univ) APP POLICE 2461- 25. Appoint Report Technician - Spanish Speaking(Prov)(Fourth Step)(Lorenzo) CS FIRE 2462- 25A. Approval of Contract with LaSalle Ambulance Inc. d /b /a Rural Metro Medical Services for Emergency Medical Services(1 month extension) APP CORPORATION COUNCEL 2463- 25B. Claims Agenda CLAIMS PERMITS AND INSPECTIONS 2464- 26. Food Store License(New) 595 Ontario(North) APP 2465- 27. Appoint Account Clerk Typist(Perm)(Fourth Step)(Martin) CS CITY CLERK 2466- 28. Chicken License Application -515 Dartmouth Ave(Univ) DENY 2467- 29. Items returned by Mayor without Approval /Disapproval R &F 2468- 30. Leaves of Absence R &F 2469- 31. Board of Ethics Minutes - September 2014 R &F 2470- 32. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 2471- 33. Water Board Report -Oct. 2014 R &F 2472- 34. K. Frazier -Erie Canal Dev- General Project Plan CD 2473- 35. S. Hodala- Concerns Re The Green Code LEG 2474- 36. NYSDEC- Modifies Cleanup Plan for State Superfund Site -100 Forest Ave CD 2475- 36A. C. Scanlon- Donation to the Amanda Hansen Foundation R &F 2476- 37. R. Whitaker -Urge Support of Linwood Expansion LEG PETITIONS 2477- 38. P. Strada, Agent, Use 142 Perry St for an Illuminated Pole Sign(Fill)(no hrg) LEG,CPBD RESOLUTIONS 2495- 38A. Fontana Transfer of Funds -CM #8 APP 2496- 39. Franczyk,etc Planning for New Bills Stadium in Buffalo ADOPT 1 RES REM CD 2497- 39A. Pridgen Majority Leader Smith Excused from Council Meeting ADOPT 2498- 39B. Pridgen Pilgrim Village Rezoning Application /Ord Amend -Ch 511 APP 2499- 39C Scanlon Disch Leg CCP# 2290 11/12/14 Food Store License - 375 Michigan ADOPT D/C APP 2500 40. Wyatt Comm of Deeds Public Duties ADOPT 2501- 41. Wyatt Comm of Deeds ADOPT TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 2478 -1 14 -2366 Com Nov 25 Appoint Recreation Instructor (Temp)(Max)(Rogers)(PW) APP 2479 -2. 14 -2367 Com Nov 25 Appoint Supervisor of Street San itation (Prov)(Inter)(Ballo)(PW) APP 2480 -3. 14 -2380 Com Nov 25 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F LEGISLATION 2481- 4. 14 -2374 Com Nov 25 Lease - American Youth Hostels, Inc. d /b /a Hostelling International, USA(BURA) R &F 2482- 5. 14 -2391 No Nov 25 G. Alfieri, Owner, Use 253 Allen to Re- Establish a Restaurant /Bar in The Allen St Special District(hrg 12/02) APP 2483- 6. 14 -2392 No Nov 25 M. Yuhnke, Owner, Use 244 Allen for Expansion of Existing Restaurant Into Adjacent Gallery Space also to Include Expansion of Existing Sidewalk Cafe in the Allen St Special District(Fill)(hrg 12/02) APP 2484- 7. 14 -2394 No Nov 25 B. Bernatovicz, Agent, Use 2157 Main St for a Freestanding Sign(Mas)(hrg 12/02) RECOMMIT 2485- 8. 14 -2395 No Nov 25 P. Strada, Agent, Use 515 Washington for a Pole Sign(no hrg)(EII) APP 2486- 9. 14 -2419 Res Nov 25 Approval to Lease 667 Main St American Youth Hostels, Inc. d /b /a Hostelling International, USA(Golombek)(Hrg 12/9/14) APP W /COND 2487- 10. 14 -2413 No Nov 25 McGuire Dev -Req Preliminary Layout Approval Pilgrim Village Residential Complex(08/29/2014)( #14- 2306,11/12) R &F 2488- 11. 14 -2414 No Nov 25 McGuire Dev- Request Site Plan Approval -Mixed Use Dev - Pilgrim Village Residential Project( 09/24/2014)( #14- 2307,11/12)_R &F 2489- 12. 14 -2415 No Nov 25 SEQR- Negative Declaration - Pilgrim Village( #14 - 2308,11/12) R &F SPECIAL COMMITTEE COMMITTEE OF THE WHOLE 2490 -13. 14 -2261 Com Nov 12 2015 Capital Budget Recommendations(Compt) R &F 2491- 14. 14 -3 Com May 1 Mayor's Four Year Financial Plan(Mayor) R &F 2492- 15. 14 -982 Com May 13 Budget Response- 2014- 2015(Compt) R &F 2493- 16. 14 -878 Com Apr 29Common Council Meeting and Budget Hearing Schedule(CP) R &F 2494- 17. 14 -879 Com Apr 29 Common Council Schedule of Budget Workshops(CP) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY DECEMBER 9, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Wyatt— 8 Absent - -- , Smith- 1 On a motion by Mr. Rivera, Seconded by Mr. Golombek, the minutes of the stated meeting held on November 25, 2014 were approved FROM THE MAYOR NO. 2435 APPOINTMENT OF GLADYS HERNDON -HILL TO THE POSITION OF COMMISSIONER OF HUMAN RESOURCES Pursuant to City Charter §11 -2, 1 hereby appoint Gladys Herndon -Hill to the position of Commissioner of the Department of Human Resources. In accordance with City Charter §11 -2, a Human Resources Commissioner Search Committee was established consisting of five (5) City residents with professional training and experience in human resource matters to provide my office with a recommendation of possible candidates for the position. The Committee consisted of Deputy Mayor, Dr. Ellen E. Grant; Corporation Counsel, Timothy A. Ball, Esq.; Chief Diversity Officer for Buffalo State College, Dr. Karen A. Clinton Jones; General Counsel for the Niagara Frontier Transportation Authority, David J. State, Esq.; and Matthew C. Van Vessem, Esq., a partner with the law firm of Goldberg Segalla LLP. The Committee commenced the search process by advertising the position in the Buffalo News and through multiple job and executive search websites. The search resulted in the submission of dozens of resumes of individuals interested in the position- The Committee reviewed each resume, identifying twenty (20) applicants that satisfied the minimum requirements for the position as set forth in City Charter §11 -3. From the twenty applicants, the Committee narrowed the pool to the top twelve (12) candidates, based upon their years of experience, negotiation experience, ability to resolve conflict, and their vision for the future of the Human Resources Department. The top twelve (12) candidates were then sent questionnaires about their goals and vision for the Department, the responses to which allowed the panel to narrow the field to the top five (5) candidates. Following the extensive examination of each of the candidates, the Committee unanimously found that Gladys Herndon -Hill was the candidate best suited to head the department. Mrs. Herndon -Hill is currently serving as the Acting Commissioner of Human Resources- She possesses eighteen (18) years of personnel management experience in the public sector with an emphasis on New York State Civil Service Law, Employee Training, Equal Opportunity Compliance, and Conflict Management. Prior to her appointment as Acting Commissioner, Mrs. Herndon -Hill held the position of Administrative Director of Civil Service where her responsibilities included advising department heads, council staff, employees, and the general public on the rules, regulations and policies promulgated by the New York State Civil Service Law. She also held the position of Director of Personnel where she was responsible for handling matters, including but not limited to, harassment, work place violence, and discrimination complaints. During her years of service to the City, and including her time as Acting Commissioner of Human Resources, Mrs. Herndon -Hill has demonstrated that she possesses the exceptional qualities, experience, skill set, focus, and vision needed to serve as the City's next Commissioner of Human Resources. It is based upon this experience that I hereby appoint Gladys Herndon -Hill Commissioner of the Department of Human Resources. I respectfully request that Your Honorable Body commence its confirmation process at its earliest opportunity. Mrs. Herndon -Hill is available to meet with each of you at your convenience, and at any Committee to which you should send this appointment. REFERRED T© THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL NO. 2436 SUBMISSION OF MONTHLY REPORT FOR NOVEMBER 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 November 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. 2437 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO - DELETE FIVE (5) PROPERTIES (40 REES STREET, 52 ARNOLD STREET, 36 PARKDALE, 193 AND 19 WAKEFIELD) ITEM NO. 3, C.C.P. 6/25/2013 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31, 2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend their lease agreement to delete the following properties: Address Sponsor 193 & 195 Wakefield Wakefield Ave Block Club 100 Wakefield Ave 14214 36 Parkdale Arnold Street Block Club 52 Arnold St Arnold Street Block Club 40 Rees Street Asarese Matters Community Center All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31, 2010 shall remain the same. I am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and delete 193 & 195 Wakefield, 36 Parkdale, 52 Arnold St and 40 Rees Street Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated December 2, 2014, be received and filed; That the Common Council hereby approves amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to delete 193 Wakefield, i95 Wakefield, 36 Parkdale, 52 Arnold Street and 40 Rees Street. PASSED AYES — 8 NOES — 0 NO. 2438 PERMISSION TO DESIGNATE DEVELOPER PARKVIEW APARTMENTS OF BUFFALO LLC AS DEVELOPER FOR FORMER SCHOOL NO. 59 LOCATED AT 769 & THE ADJOINING PARCEL OF LAND LOCATED AT 781 BEST STREET FILLMORE DISTRICT The City of Buffalo Office of Strategic Planning, Division of Real Estate has been working with Rhonda Ricks on behalf of Inclusion Development Associates, Inc. to purchase 769 Best (the "Property "). The Property consists of a three -story and full basement, masonry school building, containing 39,390 sq. ft. constructed in 1901, situated on an irregular shape lot having frontage of approximately 108 feet on Best and 179.78 feet on Fillmore. The adjoining lot is also irregular shaped with 109 feet of frontage on Best, 150' on the west line, 86 feet east line and irregular rear property line. Ms. Ricks has informed the Division of Real Estate that they have formed a LLC for this project, Parkview Apartments of Buffalo LLC (the "Developer "). "). She has also advised the Division of Real Estate that there will be a HDFC as a nominal owner of the property ( Parkview Housing Development Fund Corp.). The Developer intends to complete the historic renovation of former School No. 59 utilizing guidelines established by the National Park Service and New York State Historic Preservation Office (SHPO). Upon completion the Parkview Apartments will consists of 26 affordable housing rental units: The apartments will be divided into 11 spacious one - bedroom apartments, 11 two - bedroom apartment and 4 three - bedroom apartments. The units will consist of refurbished hardwood floors, energy efficient windows, refurbished tin ceiling and energy efficient appliances. There will also be an on -site laundry facility, elevator, appropriate community spaces, and repaved off - street parking. Considering the age of the building, lead, asbestos and remediation work will be completed, the roof replaced, masonry restored to interior and exterior and plumbing that includes a new Radon Mitigation System. The boiler that is currently in the building will be removed and replaced with new green energy efficient HVAC and electrical system. This redevelopment project will enhance the preservation and esthetics of the neighborhood. November 17, 2014 RE: Designate Developer- Former School No. 59 Located at 769 & 781 Best The Parkview Apartments will be financed utilizing 9% Low Income Housing Tax Credit Equity, Federal and State Historic Tax Credit Equity, HOME funds, and deferred developer fees. The proposed development budget for Parkview Apartments is $7,247,299. Note that the development budget and sources are subject to change. Proposed funding sources include: Home $ 850,000 Historic Tax Credit Equity $1,245,000 Low Income Housing Tax Credit Equity $4,993,000 Deferred Developer Fee: $ 159,299 Total Sources: $7,247,299 The purchase price of the Property shall be established pursuant to Section 27 -5 of the City Charter, (sale by appraisal) to be obtained and paid for by the Developer ( "Purchase Price "), which said appraised value is subject to review, and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. The Office of Real Estate respectfully requests that Your Honorable Body designate Parkview Apartments of Buffalo LLC as the Developer, and /or a corporation, partnership, or other legal entity to be designated by Parkview Apartments of Buffalo LLC and approved by the Office of Strategic Planning, as the Developer of the Property for a period of one (1) year subject to but not limited to the following terms and conditions. a. Exterior grounds maintenance in the form of snow removal, grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. b. Weekly reporting by the Developer to the City of site activity. In the event the Developer shall exercise its option to acquire said Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). f. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. g. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. Payment of a designation fee of Five Hundred Dollars ($500.00) per month (Designation Fee ") by Developer to the Office of Strategic Planning, Division of Real Estate, payable within five (5) days from the date the Common Council approval of the designation and due thereafter by the first (1 st) of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fees shall be applied as a credit toward the Purchase Price. In the event the Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. That the Developer, or an entity to be designated by the Developer and approved by the Office of Strategic Planning must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. The LDA will require that the Developer, or an entity to be designated by the Developer and approved by the Office of Strategic Planning, if necessary, to provide the City of Buffalo with easements rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. Upon signing of the LDA, payment by the Developer to the Office of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the agreed to Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them. The designation will expire twelve (12) months from the date the Common Council approves the designation. November 17, 2014 q. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. r. The designation and LDA shall be subject to any and all other terms and conditions that the city of Buffalo Corporation Counsel's Office deems necessary. I am requesting that your Honorable Body approve the designation of Parkview Apartments of Buffalo LLC and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the Office of Strategic Planning as Developer of the above - referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Council for final approval agreements for the transfer of title. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 2, 2014, be received and filed; That the Common Council hereby designates Parkview Apartments of Buffalo LLC (the "Developer ") as Developer and /or a corporation, partnership, or other legal entity to be designated by Parkview Apartments of Buffalo LLC and approved by the Office of Strategic Planning, as the Developer of Former School No. 59, located at 769 Best (the "Property ") for a period of one (1) year, subject to, but not limited to, the following terms and conditions: a. Exterior grounds maintenance in the form of snow removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. b. Weekly reporting by the Developer to the City of site activity. c. In the event the Developer shall exercise its option to acquire said Property pursuant to the Land Development Agreement ( "LDA ") to be negotiated by Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. d. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approve by the City of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. e. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a LDA. f. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5 th) of each month, beginning in the month following the designation. g.. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. h. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Strategic Planning, Division of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 of every month. i. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fees shall be applied as a credit toward the purchase price. In the event the Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. j. Developer is responsible for performing soil borings and soli investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with and Access, Indemnification and Insurance Agreement, by each and every contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law, regulation, rule ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractor's accessing the Property. k. The successful negotiation of a LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. I. That the Developer, or an entity to be designated by the Developer and approved by the Office of Strategic Planning must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. m. The LDA will require that the Developer, or an entity to be designated by the Developer and approved by the Office of Strategic Planning, if necessary, to provide the City of Buffalo with easements, rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks and Streets, and the Corporation Counsel) in their sole discretion. 1" n. Upon signing of the LDA, payment by the Developer to the Office of Real Estate, a non - refundable deposit in the amount 1. of ten percent (10 %) of the agreed to purchase price. The purchase price is to be established in accordance with Article 27 of the City of Buffalo Charter Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them. lei p. The designation will expire twelve (12) months from the date the Common Council approves the designation. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mall and allow the Developer two (2) weeks to cure. r. The designation and LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. That the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property, and forward to the Common Council for final approval agreements for the transfer of title. PASSED AYES — 8 NOES — 0 NO., 2439 REPORT OF SALE 381 BROADWAY - VACANT LOT 296'E DEWITT LOT SIZE: 27'X 151' ASSESSED VALUE: $2,500 (ELL DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Chris Augspurger, 389 Broadway Street, Buffalo, New York 14204 to purchase 381 Broadway. Mr. Augspurger owns property in the surrounding area. He would like to purchase the lot for additional yard space and parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. P A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Ninety Cents ($.90) per square foot. Mr. Augspurger has agreed and is prepared to pay Eighty Nine Cents ($.89) per square foot for a total of Four Thousand One Hundred Dollars ($4,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. November 18, 2014 Report of Sale 381 Broadway I am recommending that Your Honorable Body approve the sale of 381 Broadway for the amount of Four Thousand One Hundred Dollars ($4,100) to Mr. Augspurger. 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. 2440 REPORT OF SALE 208 COURTLAND - VACANT LOT WEST SIDE, 1,055' NORTH OF DELAVAN LOT SIZE: 30'X 184' ASSESSED VALUE: $4,600 (UNIV DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Catherine A. Perry to purchase 208 Courtland. Ms. Perry owns and resides at 204 Courtland, which is adjacent to 208 Courtland. Ms. Perry intends to use the property for additional green space and gardening purposes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Eighty Cents ($.80) per square foot. Ms. Perry has agreed and is prepared to pay Four Thousand Four Hundred Dollars ($4,400), Eighty Cents ($.80) per square foot for the property located at 208 Courtland. Ms. Perry has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 208 Courtland in the amount of Four Thousand Four Hundred Dollars ($4,400), plus closing costs, to Catherine A. Perry. 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. 2441 REPORT OF SALE - 226 PROSPECT - VACANT LOT 240 SE MARYLAND LOT SIZE: 26'X 132' ASSESSED VALUATION: $4,300 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. George Alejandro, 6914 Schuyler Drive, Derby, New York 14047 to purchase 226 Prospect Avenue. Mr. Alejandro lives in Buffalo and intends to manage the property himself. As owner and landlord he does not need to hire an independent property manager as per City of Buffalo Charter. He would like to purchase the above referenced property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to One Dollar Fifty Cents ($1.50) per square foot. Mr. Alejandro has agreed and is prepared to pay Ninety Four Cents ($.94) per square foot for the parcel for a total of Three Thousand One Hundred Dollars ($3,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approves the sale of 226 Prospect Avenue in the amount of Three Thousand One Hundred Dollars($3,100) to Mr. Alejandro. 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. 2442 REPORT OF SALE - 60 RICKERT- VACANT LOT 360' SOUTH NORTHLAND LOT SIZE: 30'X 161' ASSESSED VALUATION: $1,300 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Alice Humphrey, 862 East Eagle, Buffalo, New York 14210 to purchase 60 Rickert Street. Ms. Humphrey lives in Buffalo and intends to manage the property herself. As owner and landlord she does not need to hire an independent property manager as per City of Buffalo Charter. She would like to purchase the above referenced property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Sixty Cents ($.60) per square foot. Ms. Humphrey has agreed and is prepared to pay Thirty Nine Cents ($.39) per square foot for the parcel for a total of One Thousand Nine Hundred Dollars ($1,900) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 60 Rickert Street in the amount of One Thousand Nine Hundred ($1,900) to Ms. Humphrey. 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. 2443 REPORT OF SALE 158 WEST DELAVAN - VACANT LOT 296'E DEWITT LOT SIZE: 27'X 151' ASSESSED VALUE: $2,500 (NIAGARA DISTRICT) REPORT OF SALE 160 WEST DELAVAN - VACANT LOT 322'E DEWITT LOT SIZE: 27'X 151' ASSESSED VALUE: $3,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Hadeed Mohammed, 436 Ontario Street, Buffalo, New York 14207 to purchase 158 and 160 West Delavan. Mr. Mohammed lives in Buffalo and intends to manage the properties himself. As owner and landlord he does not need to hire an independent property manager as per City of Buffalo Charter. He would like to purchase the lots for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Two Cents ($.62) to One Dollar Fifty Cents ($1.50) per square foot. Mr Mohammed has agreed and is prepared to pay Seventy Eight Cents ($78) per square foot for both parcels for a total of Six Thousand Four Hundred Dollars ($6,400 for the above referenced properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 158 and 160 West Delavan for the amount of Six Thousand Four Hundred Dollars ($6,400) to Mr. Hadeed Mohammed I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 18, 2014, be received and filed; and That the offer from Mr. Hadeed Mohammed of 436 Ontario Street, Buffalo, New York 14207, in the amount of Six Thousand Four Hundred Dollars ($6,400.00) for the purchase of 158 West Delavan and 160 West Delavan be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with, the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES - 0 FROM THE COMPTROLLER NO. 2444 AUDIT OF OFFICE OF LICENSES Attached please find the audit report on the internal controls over the Office of Licenses. RECEIVED AND FILED NO. 2445 AUDIT OF PAYROLL PROCEDURES FOR BUFFALO PUBLIC SCHOOL EXEMPT EMPLOYEES Attached please find the audit report on the Payroll Procedures for Buffalo Public School Exempt Employees. RECEIVED AND FILED NO. 2446 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 2,000 be transferred and reappropriated as set forth below: From: 10102001 412002 Common Council Intern $2,000 To 1 01 09004 458001 Councilmember Wyatt - Transportation $300 1 01 09004 458002 Councilmember Wyatt -Meals & Lodging $1,450 1 01 09004 458003 Councilmember Wyatt- Registration $250 RECEIVED AND FILED NO. 2447 2014 - 2015 FIRST QUARTER GAP SHEETS REPORT As required by the City Charter, we have reviewed the 2014 - 2015 First Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the administration, and are filing our review and summation. The anticipated timing of certain receipts and expenditures for the last three quarters of this fiscal year is unknown to our fiscal office. Therefore, past transactions were utilized to review the reasonableness of the projects as established by the administration. Unusual and non - recurring items were considered in this calculation and adjustments were made accordingly. The administration's Gap Report projects a $250,000 budgetary surplus for the current year ending June 30, 2015, based on actual results through September 30, 2014, and projections for the period October 1, 2014 through June 30, 2015. This office's financial review of the year -end projection varies from that of the administration. As we noted in our 2014 -2015 Fiscal Year Budget Response, there continues to be unreliability in several significant sources of revenue. Both the inclusion of some revenue sources that may not be available, as well as the amount of revenue that will be relied upon from other sources, appear to be overly optimistic. Projected material revenues in the following areas remain questionable to our office: • Building Permit Revenue • Traffic Violation Revenue • Sale of Land Revenue • Cash Refund from the City's On -going Street Light Audit • Capital Project Fund Transfer Revenue • State Grant Revenue This potential overestimation of revenues could result in an even greater amount of fund balance reserves being needed than already budgeted. It should be noted that expenses are tracking under budget, and if this trend continues, it may help to offset some of the questionable revenue projections. We understand that historical trends, though useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next nine months, especially given the relatively short time frame being considered (three months). Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to stuffing and operations during the remainder of the fiscal year. Our office will be performing a more detailed analysis of the 2 Quarter Gap Sheets report. REFERRED TO THE COMMITTEE ON FINANCE NO. 2448 INTERFUND LOAN 2013 -2014 CAPITAL BUDGETS The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $ 439,567 against the 2014 City Capital Improvement Budget for the project listed below. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014-15. As part of the policy set forth in the Comptroller's Estimate & Report. we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are nine City projects with an interfund loan amount of $4,626,301 outstanding. If this current request is approved, the City will be committed to $5,065,868' in projects. Figures available for review in the City Clerk's Office 'Please be advised that once an iuterfund loan has been approved, the City regardless of the amount advanced. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2449 NOTIFICATION SERIAL # 10841 INSTALL NO STANDING ON ARTHUR STREET, NORTH SIDE BETWEEN 158' WEST OF THE WEST CURB OF TONAWANDA STREET AND A POINT 165' WEST THEREFROM (NORTH DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING Arthur Street, north side between 158' west of the west curb of Tonawanda Street and a point 165' west therefrom This action is being taken at the request of Prince Rubber and Plastics to facilitate ingress and egress. NOTIFICATION SERIAL #10842 INSTALL NO STANDING ON ARTHUR STREET, SOUTH SIDE BETWEEN 170' WEST OF THE WEST CURB OF TONAWANDA STREET AND A POINT 122 WEST THEREFROM(NORTH DISTRICT) NO STANDING - INSTALL In conformity with Section 49 &Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Arthur Street, south side At all times between 170' west of the west curb of Tonawanda Street and a point 122' west therefrom This action is being taken at the request of Prince Rubber and Plastics to facilitate ingress and egress. NOTIFICATION SERIAL # 10843 REPEAL ALTERNATE PARKING - TYPE IIK MYSTIC STREET BETWEEN GERMANIA STREET AND HOPKINS STREET (SOUTH DISTRICT) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Mystic Street, north side between Germania 6:00 p.m. Monday to Street and Hopkins Street 6:00 p.m. Thursday Mystic Street, south side between Germania 6:00 p.m. Thursday to Street and Hopkins Street 6:00 p.m. Monday This action is being taken to provide for more efficient snow plowing as per the Deputy Commissioner of the Streets Division. This will essentially flip the side of the street in which the parking will be legal on certain days of the week. (see next serial) NOTIFICATION SERIAL # 10844 INSTALL ALTERNATE PARKING - TYPE II K MYSTIC STREET BETWEEN GERMANIA STREET AND HOPKINS STREET (SOUTH DISTRICT) NO PARKING (ALTERNATE - TYPE 11 K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Mystic Street, south side between Germania 6:00 p.m. Monday to Street and Hopkins Street 6:00 p.m. Thursday Mystic Street, north side between Germania 6:00 p.m. Thursday to Street and Hopkins Street 6:00 p.m. Monday This action is being taken to provide for more efficient snow plowing as per the Deputy Commissioner of the Streets Division. This will essentially flip the side of the street in which the parking will be legal on certain days of the week. (see previous serial) RECEIVED AND FILED/WAIVE 45 DAYS NO. 2450 CHANGE IN CONTRACT DESTRO BROTHERS CONSTRUCTION CO. INC. SOUTH BUFFALO SPOT REPAIR GROUP 784 -L PRIOR COUNCIL REFERENCE: #1963 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 work required discovered in the field during the course of construction. Existing Contract Amount $19,975.00 Increase in Contract $ 4,277.12 Total Contract to Date $24,252.12 Funds are available in Capital Projects Account # 30032106 - 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. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 12, 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 $4,277.12 (Original Contract Amount $19,975.00 + Change Order #1 $4,277.12 for a Revised Contract Amount of $24,252.12 for the South Buffalo Spot Repair, Group 784 -L, to Destro Brothers Construction. Funding is available in Capital Projects Account 30032106 - 445100 and another account to be named at a future date. PASSED AYES 8, NOES 0 NO. 2451 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. Re -route site lighting trench to prevent damaging trees in lawn area. Add $ 5,772.90 The foregoing changes result in a net increase in the contract of Five Thousand Seven Hundred Seventy Two and 90/100 Dollars ($5,772.90). Summary: Original Contract Amount $892,000.00 Amount of Previous Change Orders $ 23,096.00 Amount of This Change Order ( #3) $ 5,772.90 Revised Contract Amount $920,868.90 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. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 4. 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #3 in the amount of $895,772.90 (Original Contract Amount $892,000.00 + Previous Change Orders $23,096.00 + Change Order #3 $5,772.90 for a Revised Contract Amount of $920,868.90 for the Historical Society, Electrical Renovations, to Frey Electrical Construction Co., C #93001325. Funding is available in Account #37329406 - 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 2452 CHANGE IN CONTRACT #93001250, VISONE CONSTRUCTION INC. EMERGENCY REPAIR OBERLIN AVENUE WATER MAIN REPLACEMENT I hereby submit to Your Honorable Body the following change order for the Emergency Repair — Oberlin Avenue Water Main Replacement Contract. A total cost increase of $12,358.07 is due to the emergency permanent pavement repairs required as a result of water main breaks at various locations. Processing of this change order will allow for the closeout of the contract. Original Contract Amount: $ 201,219.29 This Change Order: $ 12,358.07 Total Contract $ 213,577.36 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Visone Construction Inc., for $ 12,219.29 The funds will be available in Division of Water accounts to be assigned at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 3. 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 $12,358.07 (Original Contract Amount $201,219.29 + Change Order #1 $12,358.07 for a Revised Contract Amount of $213,577.36 for the Emergency Repair — Oberlin Avenue Water Main Replacement Contract, to Visone Construction Inc., C #93001250. Funding will be available in Division of Water accounts to be assigned at a later date. PASSED AYES 8, NOES 0 NO. 2453 CHANGE IN CONTRACT #93000758, VISONE CONSTRUCTION INC. WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS NORTH #1 -PAHSE 2 I hereby submit to Your Honorable Body the following change order for the Water Distribution System Improvements - Various Locations North #1 - Phase 2. A total cost increase of $30,393.28 due to the permanent pavement trench restoration required on Michigan Avenue after 8" pipe installation from Carlton Ave. to High Street. The following change order will be required to complete and close out the contract work, the costs are summarized below: Original Contract Amount: $1,687,636.50 This Change Order: $ 30,393.28 Total Contract $1,718,029.78 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Visone Construction Inc., for $ 30,393.28. The funds will be available in Division of Water accounts to be assigned at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 2, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $30,393.28 (Original Contract Amount $1,687,636.50 + Change Order #1 $30,393.28 for a Revised Contract Amount of $1,718,029.78 for the Water Distribution System Improvements — Various Locations North #1, to Visone Construction Inc., C #93000758. Funding will be available in Division of Water accounts to be assigned at a later date. PASSED AYES 8, NOES 0 NO. 2454 PERMISSION TO HIRE CONSULTANT CAZENOVIA POOL STEEL AND ROOF REPLACEMENT SOUTH DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to hire a consultant to provide professional design services for the Cazenovia Pool Steel and Roof Replacement. The cost for consulting services is estimated not to exceed $32 D00.00. The funds are available in 37321306 - 445100, Buildings. The consultant was chosen through a Request for Qualification (RFQ) process. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 2. 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 professional design services for the Cazenovia Pool Steel and Roof Replacement. The consultant was chosen through a Request for Qualification (RFQ) Process. The funds will be made available in Account #37321306 - 445100, Buildings. PASSED AYES 8, NOES 0 NO. 2455 PERMISSION TO HIRE CONSULTANT ENGINE #21 PARTIAL RECONSTRUCTION JOB #1438 MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works. Parks & Streets to hire a consultant to provide architectural /engineering services for partial reconstruction of Engine #21. The cost for consulting services is estimated not to exceed $18,000.00. Funds are available in 35323206 445100 and 38320316 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for partial reconstruction of Engine #21. The consultant was chosen through a Request for Qualifications (RFQ) Process. The funds are available in Account #35323206 445100 and 38320316 445100, Buildings. PASSED AYES 8, NOES 0 NO. 2456 REPORT OF BIDS AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS AT VARIOUS COMMUNITY CENTERS JOB NO. 1411 -A ASARESE MATTERS COMMUNITY CENTER NORTH DISTRICT I requested on October 29, 2014 and received the following bids for the ADA Requirements at Various Community Centers, which, were read on November 12, 2014. Base Bid MILLER ENTERPRISES $24,000.00 NICHTER CONSTRUCTION $31,000.00 TITAN DEVELOPMENT $31,450.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises is the lowest responsible bidder for Asarese Matters Community Center with a base bid of $24,000.00, and a 10% contingency of $2,400.00, for a total bid of Twenty Six Thousand Four Hundred Dollars and 00/100 ($26,400.00) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in an account to be named at a later date, which, will be reimbursed by the Board of Elections. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 3, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Americans with Disabilities Act ( "ADA ") Requirements at Asarese Matters Community Center with Miller Enterprises with a base bid of $24, 000.00, and 10% contingency of $2,400.00, for a total bid of $26,400.00. Funding for this project is available in an account to be named at a later date, which will be reimbursed by the Board of Elections. PASSED AYES 8, NOES 0 NO. 2457 REPORT OF BIDS AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS AT VARIOUS COMMUNITY CENTERS JOB NO. 1411 -B LINCOLN FIELD HOUSE FILLMORE DISTRICT I requested on October 29, 2014 and received the following bids for the ADA Requirements at Various Community Centers, which, were read on November 12, 2014. Base Bid MILLER ENTERPRISES $25,000.00 NICHTER CONSTRUCTION $26,000.00 TITAN DEVELOPMENT $19,500.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development is the lowest responsible bidder for Lincoln Field House with a base bid of $19,500.00, and a 10% contingency of $1,950.00, for a total bid of Twenty One Thousand Four Hundred Fifty Dollars and 00/100 ($21,450.00) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in an account to be named at a later date, which, will be reimbursed by the Board of Elections. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 3, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Americans with Disabilities Act ( "ADA ") Requirements for the Lincoln Field House with Titan Development, with a total bid of $21, 450.00 (Base Bid $19,500.00 + 10% contingency of $1,950.00 for a total bid price of $21,450.00). Funding for this project is available in an account to be named at a later date, which will be reimbursed by the Board of Elections. PASSED AYES 8, NOES 0 NO. 2458 REPORT OF BIDS AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS AT VARIOUS COMMUNITY CENTERS JOB NO. 1411 -C HENNEPIN PARK COMMUNITY CENTER LOVEJOY DISTRICT I requested on October 29, 2014 and received the following bids for the ADA Requirements at Various Community Centers, which, were read on November 12, 2014. Base Bid MILLER ENTERPRISES $18,000.00 NICHTER CONSTRUCTION $18,000.00 TITAN DEVELOPMENT $19,500.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction is the lowest responsible bidder for Hennepin Park Community Center with a base bid of $18,000.00, and a 10% contingency of $1,800.00, for a total bid of Nineteen Thousand Eight Hundred Dollars and 00/100 ($19,800.00) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in an account to be named at a later date, which, will be reimbursed by the Board of Elections. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 3, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with Nichter Construction for the Americans with Disabilities Act ( "ADA ") Requirements for the Hennepin Park Community Center, with a total bid of $18,800.00 (Base Bid $18,000.00 10% contingency of $1,800.00 for a total bid price of $19,800.00). Funding for this project is available in an account to be named at a later date, which will be reimbursed by the Board of Elections. PASSED AYES 8, NOES 0 NO. 2469 REPORT OF BIDS OLD FIRST WARD COMMUNITY CENTER GYM FLOOR RECONSTRUCTION JOB #1436 FILLMORE DISTRICT I requested on November 18, 2014 and received the following bids for the Old First Ward Community Center Gym Floor Reconstruction, which, were read on December 2, 2014. Base Bid DYNAMIC SPORTS CONSTRUCTION $56,358.00 ARCHIE DONOUGHE SANDING $59,500.00 SURFACE AMERICA $62,900.00 WNY FLOOR CO. $70,625.00 NICHTER CONSTRUCTION $71,700.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Dynamic Sports Construction, is the lowest responsible bidder in accordance with the plans and specifications for a base bid of $56,358.00, and a 10% contingency of $5,635.80 for a total of Sixty One Thousand Nine Hundred Ninety Three Dollars and 80/100 ($61,993.80). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available through an interfund loan against the 2014 Capital Improvements Budget item that was authorized but remains unissued: $210,000.00 Community Center Improvements. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 4, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Old First Ward Community Center Gym Floor Reconstruction with Dynamic Sports Construction, with a total bid of $61,993.80 (Base Bid $56,358.00 + 10% contingency of $5,635.80 for a total bid price of $61,993.80). Funding for this project is available through an interfund loan transfer against the 2014 Capital Improvements Budget item that was authorized but remains unissued: $210,000.00 Community Center Improvements. PASSED AYES 8, NOES 0 NO. 2460 REPORT OF BIDS NORTH BUFFALO RAILS TO TRAILS PROJECT UNIVERSITY DISTRICT This is to advise your Honorable Body that I have advertised for and received bids on December 3, 2014 for North Buffalo Rails to Trails Project. The following bids were received for the Project: 1 - Visone Construction, Inc. $1,209,777.15 2 - New Frontier Excavating and Paving, Inc. $1,335,970.00 3 - Scott Lawn Yard, Inc. $1,345,598.25 4 - Northeast Diversification $1,375,684.90 5 - Nova Site Co. $1,408,465.00 6 - Milherst Construction, Inc. $1,426,569.90 7 - Mark Cerrone, Inc. $1,448,304.00 8 - Anastasi Trucking and Paving $1,553,730.00 9 - Hydrolawn of Buffalo, Inc. $1,655,008.30 Engineer's Estimate: $1,345,141.45 1 hereby certify that a lowest responsible bidder is Visone Construction; Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in amount of $1,330,754.87 (base bid of $1,209,777.15 + $120,977.72- 10% unit bid increase = $1,330,754.87). Project is Funded by FHWA and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.). Funds for this project will be available in an account to be named later. Mr. Rivera moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated December 3, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the North Buffalo Rails to Trails Project with Visone Construction, Inc., with a total bid of $1,330,754.87 (Base Bid $1,209,777.15 + 10% contingency $120,977.72 for a total bid price of $1,330,754.87). The project is funded by FHWA and the City of Buffalo as part of local Transportation Improvement Program. Funds for this project will be available in an account to be named at a later date. PASSED AYES 8, NOES 0 FROM THE COMMISSIONER OF POLICE NO. 2461 APPOINT REPORT TECHNICIAN — SPANISH SPEAKING (PROV)(FOURTH STEP)(LORENZO) Certificate of Appointment Appointment Effective November 24, 2014 in the Department of Police Division of Patrol to the Position of Report Technician (Spanish Speaking) Provisional Appointment Fourth Step Starting Salary of $34,479 Irma E. Lorenzo, 2232 Kenmore Avenue, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 2462 APPROVAL OF CONTRACT WITH LA SALLE AMBULANCE INC., D /B /A RURAL METRO MEDICAL SERVICES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES PRIOR COUNCIL REFERENCES: February 18, 2014, June 24, 2014; September 16, 2014; and October 27, 2014 Item Nos. 22 C.C.P. 2/18/14; 18A C.C.P. 6/24/14; 1854 C.C.P. 9/16/14 and 2178 C.P.P. 10/27/14 In light our recent "November to Remember" storm event and the extraordinary circumstances that followed, our scheduled meetings to finalize the contract for the provision of Emergency Medical Services were unfortunately postponed. We therefore request authorization from Your Honorable Body to extend the existing contract, under the same material terms through January 20, 2015. We apologize for the delay and anticipate the contract will be filed with the Common Council for its consideration before its next meeting date of December 23, 2014. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated December 8, 2014, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Buffalo Fire Department to extend the agreement with LaSalle Ambulance, Inc. d /b /a Rural /Metro Corporation to serve as the City of Buffalo's Emergency Medical Service provider until January 20, 2015. PASSED AYES 8, NOES 0 FROM THE CORPORATION COUNSEL NO. 2463 CLAIMS COMMITTEE AGENDA Tuesday, December 16, 2014 - 11:00 a.m. Council Chambers Hon. David A. Rivera, Chairman Personal Injury A. 1. Banko, Shirley and Stephen $ 100,000.00 A. 2. Burnett, Mary $ 15,000.00 A. 3. Cramer, Marsay $ 5,000.00 A. 4. Levine, Mary $ 50,000.00 A. 5. Orsi, Michael $ 5,000.00 A. 6. Torain, Velma $ 9,000.00 A. 7. Westbrooks, William $ 24,700.00 Property Damage B.1. Bethell, Bradley $ 1,173.41 B.2. Buck Paul $ 359.24 B.3. Clinkscales, Jeffrey $ 800.00 B.4. Corcoran, Megan $ 1,448.00 B.S. Gould, Angela $ 235.53 B.6. Mack, Neal $ 200.00 B.7. Monaco, James $ 9,400.00 B.B. National Fuel $ 353.36 B.9. Ragland, Lucy $ 115.00 B.10. Valentine, Wensceslao $ 6,500.00 B.11. Watkins, Alexander $ 297.27 Prior Fiscal Year Invoices C.1. Business First, Inc. $ 51.15 C.2. Command Security, Corp $ 2,959.50 C.3. Deborah Delelys $ 1,337.00 CA. Damon Morey $ 4,858.50 C.S. First Niagara Risk, Inc. $ 700.00 C.7. Robert Rabin $ 1,785.00 C.B. Vera Dujovic $ 2,016.00 Miscellaneous D. 1. AdPro Sports $ 6,852.90 D. 2. Franklin, Nina $ 267.30 D. 3. New York State $ 193,556.11 D. 4. Welch, Edward $ 2,516.86 For Discussion E. 1. Buffalo Vets Little League, Inc. $ 8,000.00 E. 2. Ross, Patricia $ 3,427.42 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 2464 FOOD STORE (NEW) 595 ONTARIO (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 at 595 ONTARIO (GULF FOOD MART /KALA TIWARI.) 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. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated August 27, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 294 of the City Code to issue a Food Store License to Kala Tiwara d /b /a Gulf Food Mart located at 595 Ontario. PASSED AYES 8, NOES 0 NO. 2465 APPOINT ACCOUNT CLERK TYPIST(PERM)(FOURTH STEP)(MARTIN) Certificate of Appointment Appointment effective 12/1/2014 in the Department of Permit & Inspection Services Division of Inspections to the Position of Account Clerk Typist Permanent Appointment Fourth Step Starting Salary of $33,415 Rachel Martin, 583 LaSalle Avenue, Buffalo REFERRED TO THE COMMITTEE ON CIVIL SERVICE OFFICE OF THE CITY CLERK NO. 2466 CHICKEN LICENSE APPLICATION -515 DARTMOUTH AVE(UNIV) Attached is the response from the Buffalo Animal Control Officer and letter of complaint regarding the Chicken License at 515 Dartmouth Ave. After inspection it was determined that the Property did not meet the criteria needed for a chicken license. As per Section 341 -11.4 this Chicken License application is before your Honorable Body for final determination whether or not the License shall be issued. Gerald A. Chwalinski DENY NO. 2467 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 November 12, 2014 No 2352 Waive Fees City Stage Back to Basics Outreach Ministries No 2356 Waive Event Fees 13 Annual Christmas in the Park Was presented to the Mayor on November 14, 2014, and returned to the City Clerk on November 24, 2014 without approval or disapproval RECEIVED AND FILED NO. 2468 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: Comptroller- Carlos Costner, Aubrey Hlavaty RECEIVED AND FILED. NO. 2469 BOARD OF ETHICS MINUTES - SEPTEMBER 2014 Minutes, Wednesday, September 9, 2014 Members in Attendance: Douglas Coppola, James Magavern, Gerald Chwalinski, Richard Sullivan, and Elizabeth Harned. Excused: Cavette Chambers, Eleanor Paterson. Guest: Mary H. Baldwin, Deputy City Clerk Quorum New Business: Elizabeth and James offered an advisory opinion since it was requested by Reden & O'Donnell, LLP, regarding David Martz & Jeremy Martz, Assessors with the Dept. of Assessment & Taxation regarding part time nights /weekend employment at Aurora Real Estate Appraisal Services. It was approved unanimously; received & filed. Old Business: 1. Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Cavette will update this upon her August return. Approval of the July 23, 2014 minutes Next meeting is scheduled for Tuesday, November 18, 2014. Meeting is adjourned. Due to inclement weather, meeting was rescheduled for Tuesday, December 2, 2014. RECEIVED AND FILED NO. 2470 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 December 1, 2014 in the Department of Police Division of Patrol to the Position of Public Safety Dispatcher Provisional Appointment Minimum Starting Salary of $23,212 Samantha Negron, 182 Colvin Ave, Apt #2, Buffalo 14216 Certificate of Appointment Appointment effective December 3, 2014 in the Department of Police Division of Staff Operations to the Position of Report Technician (Spanish Speaking) Provisional Appointment Minimum Starting Salary of $32, 816 Lyana Luciano, 247 West Avenue, Buffalo 14201 Certificate of Appointment Appointment effective 11/25/14 in the Department of Admin. & Finance, Policy & Urban Affairs Division of Purchase to the Position of Buyer Provisional Promotion Minimum Starting Salary of $44,877 Brian Kinyoun, 737 St. Lawrence St, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 2471 WATER BOARD REPORT - OCTOBER 2104 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 2472 K. FRAZIER -ERIE CANAL DEV- GENERAL PROJECT PLAN 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(2) 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 December 18 2014 from 6pro - 7pro 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 COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2473 S. HODALA- CONCERNS RE THE GREEN CODE Dear Members of the Common Council; Re: The "Green" Code If the Common Council enacts the current version of the Green Code Without major revisions, only the City's most exclusive neighborhoods (the proposed "N -4" zones - homes of the "privileged few ") will be protected from the greedy grasp of developers. The vast majority of city residents will face uncertainty, commercialization of their residential streets, and wholly inadequate protection from incompatible new development. The code is very long and difficult to understand. Most residents are unaware of its ramifications. One needs to be a land use attorney or urban planner to fully understand its sweeping changes to our current zoning laws. And, in fact, we do NOT need to change the entire city's zoning laws in one fell swoop. When the current laws first came into effect some 65 years ago, life was very different. The changes would not have had the huge impact they will today- in a 24/7 Internet world where life moves, and things change, very, very rapidly. I'm sure that developers, large and small, are pressuring City officials to pass the UDO quickly. It is a developers dream. (it should really be called the HDC- Handout to Developers Code.) You can do pretty much anything, anywhere. The City will look chaotic, ridiculous and unappealing to potential new residents and investors. The current UDO is subject to much abuse and thus potential lawsuits for the City. I understand the pressure to pass new laws that have been in the works for several years. But the Mayor and Common Council are doing the residents of Buffalo a disservice by passing a law that is so very sweeping and so little understood. It seems to me the best ways to manage changes of this magnitude are to take small steps. Work on it in sections over time - see what works and what doesn't - and move forward to different districts of the city one by one. BECAUSE ONE SIZE DOES NOT FIT ALL. New zoning laws can be enacted over a period of many years, perhaps a decade. I think the City should start with 3 or 4 large mixed use streets - Main Street, Elmwood Avenue and Broadway (or Jefferson or Genesee) and develop zoning plans for those important areas. Done piecemeal, it is easier for everyone to understand how changes would impact them. Then proceed to other mixed use streets. Strive to keep residential streets as residential as possible. And PROTECT CORNER LOTS. The best way to view this is to ask yourself how YOU would feel if you had to live next door to one of the proposed uses. Lots of things look good on the surface or as part of a big picture. But brought down to the smaller view - you versus IT- then the picture doesn't appear quite so rosy. These are the three priority issues to address (but honestly, the UDO should be thrown out and started from scratch - it is that bad). 3- - Protect corner lots. Requiring only an SUP for development is totally unsatisfactory. 2 - Require minimum sized lots. Current zoning laws in an R2 district require a buildable lot to be a minimum of 40 feet wide and 4000 square feet. that should be maintained. 3 - Continue to require appropriate setbacks for any homes or shops in residential areas. 4 - Revise the zoning laws incrementally, in a thoughtful way. Yes, it will take more time. But what is more important? Doing something fast or doing it properly? I am attaching an article printed in Artvoice (October 16 -22, 2014) called "Developers vs. Residents" by Art Giacalone. I hope you will read it thoughtfully. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2474 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MODIFIES CLEANUP PLAN FOR STATE SUPERFUND SITE -100 FOREST INTRODUCTION New York State Department of Environmental Conservation (DEC) would like to notify you about modifications to the cleanup plan for the Iroquois Gas Westwood Pharmaceuticals Terrestrial site ( "site ") located at 100 Forest Avenue, Buffalo, Erie County. Please see the map for the site location. DEC modified the plan in a document called an Explanation of Significant Difference [ESD) to ensure that cleanup actions would achieve standards protective of public health and the environment. A description of the modifications made to the cleanup plan, or remedy, is summarized below in the section entitled "Explanation" of Significant Difference." Documents ,Where to Find related information EXPLANATION OF SIGNIFICANT DIFFERENCE In November 2014, DEC issued an Explanation of Significant Difference to document modifications to the original remedy as specified by a Record of Decision dated March 1994. This revision is considered significant, but it is not a fundamental change to the remedy. The significant differences include: 1. Installation of an interceptor trench to capture contaminated groundwater and coal tars that will be treated by the existing treatment system. The interceptor trench will replace the existing extraction well collection system that is not functioning as designed; 2. Maintenance of the existing cover system to allow for commercial use of the site; 3. Evaluation of the potential for soil vapor intrusion (SVI) to impact existing on -site buildings, and the provision for implementing remedial actions to address exposures related to soil vapor intrusion. This updates the site's SVI requirements to current State standards; 4. Issuance of an Institutional control in the form of an environmental easement that restricts land State standards, and REFFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2476 C. SCANLON- DONATION TO THE AMANDA HANSON FOUNDATION Buffalo Common Council 65 Niagara Square Buffalo, NY 14202 Dear Honorable Council Member: In 2009, 16 year old Amanda Hansen died suddenly of carbon monoxide poisoning while sleeping over at a friend's house. In the wake of this unimaginable tragedy, Amanda's parents, Ken and Kim Hansen, began the Amanda Hansen Foundation to educate the public about the dangers of CO and to provide CO detectors to members of the community who cannot otherwise afford them. Since its inception, the Amanda Hansen Foundation has distributed 16,000 carbon monoxide detectors throughout Western New York. Most recently, the foundation donated a new furnace to a family on Thompson Street in order to ensure their home is safe from carbon monoxide. After the first furnace was donated, the Amanda Hansen Foundation received several similar requests. They purchased a total of 6 furnaces, depleting their financial resources, with many more requests pending. Ken Hansen recently appealed to the public seeking $75,000 to keep the foundation viable. Without significant funding, the foundation will not be able to continue, leaving low income families at risk for carbon monoxide poisoning. Over the past few years, the Amanda Hansen foundation has worked hand in hand with Mayor Brown's Clean Sweep Prograrrl to distribute approximately 4,000 detectors to City of Buffalo residents. Just last week the foundation contacted the South District Council office inquiring about residents who may be in need of detectors. The amount of education, advocacy and equipment they provide to WNY is unparalleled, we need to support them. I am allocating $5,000 to the Amanda Hansen Foundation and urge my colleagues to seriously consider committing to a minimum of $1,000. Together we can help bridge their funding gap, ultimately providing the residents of Buffalo access to free carbon monoxide detectors. For more information on the Amanda Hansen Foundation, visit www.- amandahansen.org Sincerely, South District Council Member RECEIVED AND FILED NO. 2476 R. WHITAKER -URGE SUPPORT OF LINWOOD EXPANSION Gerald A. Chwalinski City Clerk 65 Niagara Square Room 1308 City Hall Buffalo, NY 14202 Dear Council Members, We are writing to urge your support of the Linwood Avenue Historic District Extension which has already garnered strong backing by local home owners. Public historic advocacy groups such as Preservation Buffalo- Niagara, investors and business persons such as Sinatra Real Estate who is restoring the Main StreetM/est Ferry comer and T.M. Montante, presently re- envisioning Gates Circle, have also supported the Extension. All of us have recognized the importance and added value of uniting our Avenue through this Extension to fully protect and reflect its historic character and viability. This neighborhood we call 'home' is one that nurtures all social, economic, ethnic and belief systems. We are home to Compass House, a safe haven for run -away and homeless teens. We have housing that spans the spectrum of subsidized homes for the elderly and our veterans to the envisioned luxury housing proposed by Canterbury Woods at Gates Circle. We are neighbors to a multitude of social service agencies and the burgeoning opportunities made available by proximity to the Buffalo Medical corridor. We hold part of the story of some of Buffalo's most prominent citizens and their vision of what our City could become - -of what it is becoming again. We see the impact historic designation carries as homes south of West Ferry are able to take advantage of the benefits offered by this status versus those further north that do not have the same opportunity. The story of Buffalo is worth preserving for this and future generations; we need your help in gaining the tools to do so. On behalf of building a better, stronger City and society from the grass -roots up, we are appealing to you for your support of the Linwood Avenue Historic District Extension. REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS NO. 2477 P. STRADA, AGENT, USE 142 PERRY ST FOR A ILLUMINATED POLE SIGN (FILL)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING REGULAR CORNMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 2478 APPOINT RECREATION INSTRUCTOR (TEMP)(MAX)(ROGERS)(PW) CCP# 2366 14 -1125 Mr. Wyatt moved: That Communication 2366 of Nov 25, 2014, be received and filed and that the Temporary Appointment of Stephen Rogers, 34 Clay St, Buffalo, NY 14207, at the maximum salary of $38,280.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2479 APPOINT SUPERVISOR OF STREET SANITATION (PROV)(INTER)(BALLO)(PW) CCP# 2367 14 -1125 Mr. Wyatt moved: That Communication 2367 of Nov 25, 2014, be received and filed and that the Temporary Appointment of Antonio Ballo. 309 Ideal St. Buffalo, NY 14206. at the Intermediate salary of $39,010.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2480 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 2380, 11/18) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (CHRISTOPHER P, SCANLON, CHAIRMAN) NO. 2481 LEASE - AMERICAN YOUTH HOSTELS, LNC. D /B /A HOSTELLING INTERNATIONAL, USA(BURA) (C.C.P. #14 -2374, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 2482 ALFIERI, OWNER, USE 253 ALLEN TO REESTABLISH A RESTAURANT /BAR IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(DPIS) (ITEM NO. 2391, C.C.P., NOV. 25, 2014) Mr. Scallion 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 G. Alfieri, Owner, to reestablish restricted use in the Allen Street Special District for a new applicant for a restaurant /bar located at 253 Allen Street. PASSED AYES — 8 NOES — 0 NO. 2483 M. YUHNKE, OWNER, USE 244 ALIEN FOR EXPANSION OF EXISTING RESTAURANT INTO ADJACENT GALLERY SPACE TO INCLUDE EXPANSION OF EXISTING SIDEWALK CAFE IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(DPIS) (ITEM NO. 2392, C.C.P., NOV. 25, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of M. Yujnke, Owner, for an expansion of an existing restaurant into an adjacent gallery space, also to include an expansion of an existing sidewalk car6 located at 244 Allen Street in the Allen Street Special District. PASSED AYES — 8 NOES - 0 NO. 2484 B. BERNATOVICZ. AGENT, USE 2157 MAIN ST FOR A FREESTANDING SIGN (MAS)(HRG 12/02) (C.C.P #14 -2394, NOV 25) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. ADOPTED. NO 2485 P. STRADA, AGENT, USE 515 WASHINGTON FOR A POLE SIGN (ELL)(DPIS) (ITEM NO. 2395, C.C.P., NOV. 25, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of P. Strada, Agent, to use 515 Washington to erect an illuminate box sign on a pole in the D.O. District. PASSED AYES — 8 NOES - 0 NO. 2486 APPROVAL TO LEASE 667 MAIN ST AMERICAN YOUTH HOSTELS, INC. D /B /A HOSTELLING INTERNATIONAL, USA PUBLIC HEARING Motion by Mr. Rivera to open the Public Hearing, second by Mr. Golombek" Appearances: Scott Billman Motion by Mr. Rivera to close the Public Hearing, second by Mr. Golombek 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 authorizes the Mayor, the Chairman, the Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency to execute any and all documents necessary to lease the property known at 667 Main Street to American Youth Hostels, Inc. d /b /a Hostelling International, USA. PASSED. AYES — 8 NOES - 0 NO. 2487 MCGUIRE DEV -REQ PRELIMINARY LAYOUT APPROVAL PILGRIM VILLAGE RESIDENTIAL COMPLEX(8 /29/20 14) (C.C.P. #14 -2413, NOV 25)( #14- 2306,11/12) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 2488 MCGUIRE DEV- REQUEST SITE PLAN APPROVAL -MIXED USE DEV- PILGRIM VILLAGE RESIDENTIAL PROJECT(9 /24/2014) (C.C.P. #14 -2414, NOV 25)( #14- 2307,11/12) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 2489 SEQR- NEGATIVE DECLARATION- PILGRIM VILLAGE (C.C.P. #14 -2415, NOV 25)( #14- 2308,11/12) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED COMMITTEE OF THE WHOLE NO. 2490 BUDGET RESPONSE - 2014 -2015 (COMPT). (C.C.P. #14 -982 CORN, MAY 13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 2491 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE (CP) (C.C.P. #14 -878 CORN, APRIL 29) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 2492 COMMON COUNCIL SCHEDULE OF BUDGET WORKSHOPS (CP) (C.C.P. #14 -879 CORN, APRIL 29) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 2493 2015 CAPITAL BUDGET RECOMMENDATIONS(COMPT) (C.C.P. #14 -2261 COM, NOV 12) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 2494 MAYOR'S FOUR YEAR FINANCIAL PLAN(MAYOR) C.C.P. #14 -3 CORN, MAY 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 2495 BY: MR. FONTANA TRANSFER OF FUNDS -CM #8 That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10102001 - 412002 Common Council Intern $2,000.00 To: 10109004 - 458001 Councilmember Wyatt - Transportation $ 300.00 10109004 - 458002 Councilmember Wyatt - Meals & Lodging $1,450.00 10109004 - 458003 Councilmember Wyatt - Registration $ 250.00 PASSED AYES 8, NOES 0 NO. 2496 BY: MR. FRANCZYK AND MR. WYATT PLANNING FOR NEW BILLS STADIUM IN BUFFALO WHEREAS: In a lengthy interview with the Associated Press, (Buffalo News, November 6, 2014) Buffalo Bills owner Terry Pegula stated that he's committed to building a new Buffalo Bills Stadium. "Well, there's going to be a new stadium somewhere, that's all I know" Pegula is quoted as saying "The League was pretty emphatic that Buffalo -we're a small market - needs to be as competitive as we can," he continued; and WHEREAS: Notwithstanding Erie County's investment of $140 - million n recent improvements to Ralph Wilson Stadium in Orchard Park, momentum is building for a new stadium in perhaps a not - too - distant future; and, WHEREAS: The twenty -one member New Stadium Working Group, including elected and appointed officials chosen by the Governor and Erie County Executive, as well as representatives of the Buffalo Bills and NFL, have met earlier in the year to discuss whether or where to build the new stadium. Mayor Byron Brown of Buffalo and the Mayor of Niagara Falls are part of the group; and, WHEREAS: The City of Buffalo should ideally get out in front of the issue by advocating a suitable location in the city which would return the stadium to Buffalo; and, WHEREAS: Following the pressure by the Bills organization to close War Memorial Stadium in the 1960's, numerous factions were arguing whether the new stadium should be in the city or suburbs. Ironically, the Buffalo Chamber of Commerce argued that new football and baseball stadiums should be built near the recently sprawling UB campus in Amherst. (See attached article: "When it Comes to a New Stadium We Should Learn from the Past," by Tom Tarapacki); Ultimately, of course, the stadium was improbably located in Orchard Park; and, WHEREAS: Although the last serious proposal to build a stadium was the "Crossroads" arena site at the foot of Main Street in Buffalo in the 1960's, a recent spate of proposals have surfaced in the City of Buffalo, including the Greater Sports and Entertainment Complex proposal for the Buffalo Waterfront, the Perry Project site location, the Central Terminal site, among other possible locations in the city; and, WHEREAS: It is not too early to plan and advocate for stadium location sites in the City of Buffalo with an eye to returning the NFL football stadium to the city. Vital issues such as the cost of the stadium and how much private money would be invested, including expected requests for public subsidy, would have to be ascertained and be part of any final decision, or support, regardless of location; and, NOW THEREFORE BE IT RESOLVED: That the Common Council reasserts its support for a new Buffalo Bills Stadium to be built in the City of Buffalo, if and when a decision is ultimately reached to build such a stadium and tangible benefit can be demonstrated to Buffalonians; and, BE IT FINALLY RESOLVED: That the Department of Strategic Planning, in conjunction with the Mayor's Office. ascertain the best location for a new Bill's stadium in Buffalo and advocate for that site in conjunction with all relevant state and local governments and the NFL should such a project be advocated and the project provide a tangible public benefit regarding costs, nature of any public subsidy and civic ADOPT 1st RESOLVE, REMAINDER TO REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 1- yALVi1:1•:2N Bic] 40I MAJORITY LEADER SMITH EXCUSED FROM COUNCIL MEETING RESOLVED: That Council member Demone A. Smith be, and is hereby is excused from attendance at the Common Council Meeting of December 9, 2014. ADOPTED NO. 2498 BY: MR. PRIDGEN PILGRIM VILLAGE REZONING APPLICATION /ORDINANCE AMENDMENT- CH 511 Ordinance Amendment §511 -6 Zoning Map Section 1. The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 -6 of the code of the City of Buffalo be amended as follows: The following properties, situated in the City of Buffalo, are rezoned from their present mix of C -1 (Neighborhood Business District), R -3 (Dwelling District) and M -1 (Light Industrial District) to CM (General Commercial SBL NO. Address Reputed Owner 100.71 -3 -1.1 903 Ellicott Street Pilgrim Village Associates, L.P. 100.72 -1 -1.1 1100 Michigan Avenue Pilgrim Village Associated, L.P. 100.72 -1 -17.11 150 North Street East Cornerstone Manor, L.P. Section 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM ONLY By: Timothy A. Ball Corporation Counsel Underlined material is new. Material in brackets [] is repealed. Pilgrim Village Rezoning Application WHEREAS, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P., (collectively, the "Applicants "), have petitioned for rezoning of the properties located at 903 Ellicott Street (SBL #100.71- 3 -1.1), 1100 Michigan Avenue (SBL #100.72- 1 -1.1) and 150 North Street East (SBL #100.72 -1- 17.11), City of Buffalo, County of Erie, State of New York, from the present mix of C -1 (Neighborhood Business District), R -3 (Dwelling District) and M -1 (Light Industrial District) to CM (General Commercial District), and WHEREAS, Pilgrim Village Associates, L.P. is the owner of the aforementioned parcels at 903 Ellicott Street and 1100 Michigan Avenue, and Cornerstone Manor, L.P., owner of the aforementioned parcel at 150 North Street East, has indicated its consent to and support of the requested rezoning by a Landowner Authorization signed by its President /Managing Director on September 4, 2014 and submitted to the City of Buffalo, and WHEREAS, the City of Buffalo Zoning Map must be amended by the adoption of an Ordinance passed in accordance with the procedural requirements of the City of Buffalo Charter and Code ( "City Code "), New York General City Law and New York Municipal Home Rule Law, and WHEREAS, the Common Council held a Public Hearing on the proposed rezoning on September 30, 2014, and provided for publication of the notice required by the provisions of the City Code, New York General City Law and New York Municipal Home Rule Law, with such notice occurring at least 10 days before the Public Hearing, and all interested parties were given an opportunity to be heard, and WHEREAS, the City of Buffalo Planning Board fully reviewed the rezoning request and related materials as required by the City Code, and recommended approval thereof at its meeting on September 23, 2014, and WHEREAS, the Common Council's Committee on Legislation has fully reviewed the rezoning request and related materials as required by the City Code and has recommended approval thereof, and WHEREAS, the Planning Board, acting as Lead Agency in a Coordinated Review of the project associated with the rezoning request pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), issued a Negative Declaration under SEQRA on November 5, 2014, and WHEREAS, the Common Council has carefully considered the proposed rezoning and determined that it is an appropriate change for the affected parcels because it will increase uniformity in the neighborhood by connecting to an existing area of CM -zoned property directly south of the land to be rezoned, and the proposed change is consistent with the neighborhood's long -term development goals, and WHEREAS, a majority of the Common Council must vote in favor of an Ordinance in order for it to be passed, NOW, THEREFORE, BE IT RESOLVED, that an amendment to Ordinance 511 -6 of the Code of the City of Buffalo, which is attached hereto and made a part hereof, be and the same is hereby passed, and BE IT FURTHER RESOLVED, that the Clerk of the City of Buffalo shall file said ordinance amendment and present it to the Mayor of the City of Buffalo for approval and adoption, and BE IT FURTHER RESOLVED, that upon execution of said amendment, the Zoning Map of the City of Buffalo shall be amended so that the parcels at 903, 1100 Michigan Avenue and 150 North Street East are zoned CM. PASSED AYES 8, NOES 0 BY: MR. SCANLON NO. 2499 DISCHARGE LEGISLATION COMMITTEE FOOD STORE LICENSE 375 MICHIGAN (COM. 14 -2290, CCP 11/12/2014) Mr. Scanlon moved that Whereas, the above item is currently in the Legislation Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. ADOPT DISCHARGE, PASSED AYES 8, NOES 0 NO. 2500 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. See the attached pages. 1) Adams, Bart 2) Adams, Traserra 3) Adymy, Joan M. 4) Ahmed, Joseph S. 5) Allen, Gail M. 6) Alvarado, Ruth E. 7) Ando, Anthony 8) Antonio Sr., Mark S. 9) Baker, Barbara D. 10) Banyi, Paul M. 11) Barker Sr., Otis T. 12) Barnett, Jacqueline 13) Barrera, Yolanda 14) Barrett, Daniel 15) Barrett O'Neill, Julie M. 16) Bartolotta, Charles 17) Bartoszewicz, Richard 18) Beasley, Angela D. 19) Bellamy, Herbert L. 20) Berent, Vera 21) Berzon, Hilary S. 22) Bifaro, Frank 23) Bishop, Kristen L. 24) Blady, Marian 25) Blake, Mark 26) Blake, Timothy 27) Blersch, Sallie 28) Borczynski, Rose M. 29) Brodfuehrer, Thomas A. 30) Brown, Sandra D. 31) Bryant, Carmen 32) Bursie, Ernest W. 33) Caico, Robert 34) Cairns, Suzanne 35) Carier, Charles P. 36) Carter, Franklin S.M. 37) Carter, Thomas E. 38) Caruso, John W. 39) Caulfield, Liam 40) Caulfield, Thomas E. 41) Cerroni, Angela 42) Clancy, Karen L. 43) Clift, Paul 44) Collins, Ronald T. 45) Cooley, Susan 46) Cooley, William J. 47) Corley, Doris 48) Covell, Colleen A. 49) Coyne, Kevin 50) Cronin, Danielle 51) Cunningham -Isch, Kathleen 52) Curtin, Timothy M. 53) Daniels, Anita 54) Degener, Donald 55) Deinhart, John 56) DeLeon, Magdalena 57) Demps, Valerie M. 58) Dias, Cristy Marie 59) Diaz, Santos V. 60) Di Germaro, Frank 61) Di Salvo, Charles J. 62) Dockery, Maria 63) Drye, Nicole C. 64) Duncan, Mable M. 65) Duncan, Troy O. 66) Emerson, Alexander C. 67) Evans, Damon 68) Frankel, Amy J. 69) Fazio, Gary V. 70) Felschow Jr., Robert J. 71) Finn, Michael J. 72) Fiscus, Patricia A. 73) Fitzgerald, Kevin J. 74) Foster, Diana 75) Frank, Dexter 76) Fricano, Rosemary 77) Fulinara, Richard 78) Fullagar, Edward 79) Galante, Paola R. 80) Gallagher, James Patrick 81) Garmon; Larry 82) Gelhnan, Kristen 83) Gibbons - Glinski, Kelly A. 84) Golding, Kevin P. 85) Gonzalez, Lizbeth 86) Gorman, Marie 87) Gould, Siobhan p. 88) Gramaglia, Joseph A. 89) Granda, Rene L. 90) Griffin, Timothy J. 91) Griggs, Marlene L. 92) Grundy, David 93) Guilian, Jerry J. 94) Hanley, Mary 95) Harmers, James Louis 96) Harris, Pamela J. 97) Henessy, Ed 98) Higgins, Brian 99) Holloway, Cedric 100) Hussar, Michele T. 101) Irwin, Patrick K. 102) Jackson, Henry 103) Jaskula, Mark 104) Jaskula, Sheila 105) Jenkins, Lisa 106) Jones, BarCal 107) Kane, Cheryl A. 108) Kaska, James R. 109) Keane, Kevin J. 110) Kelly, Louis A. 111) Kiefer, Brendan J. 112) Kilcoyne, Melissa A. 113) Klemann, Peter 114) Kobler, David S. 115) Kolb, Rosemarie S. 116) Kopeinski, Pamela L. 117) Kowalski, Louisa 118) Kreutinger, Robert 119) Krug, David 120) Krug,Tracy A. 121) Kubala, Miehelle R. 122) Kwiatkowski, Fay M. 123) La Macchia, Marian 124) Langhorne, Jenyne B. 125) Lane, Peter M. 126) Lark, Barbara A. 127) Lark, Rickey V. 128) Laws, Dwain Carlton 129) Lawson, Margaret A. 130) Ledwin, Julie A, 131) Lewis, Stacy E. 132) Little, Jennifer M. 133) Lo Cicero, Mark 134) Lopez, Dawn 135) Lorenzo, Irma 136) Lo Tempio, Joseph A. 137) Lo Tempio, Thomas 138) Lo Vullo, Carmen 139) Lumadue, Susan 140) Madigan, Joy L. 141) Maglietto- Smith, Jessica 142) Mahoney, Brian F. 143) Manley, Richard P. 144) Mantione, Barbara J. 145) Marcy, Michael L. 146) Masiello, John J. 147) Mayer, Pamela L. 148) Mc Allister, Barbara A. 149) Mc Carthy, Erin M. 150) Me Carthy, Thomas A. 151) Mc Foy, Oluwole A. 152) McGrath, Leo 153) Mc Grath Jr., John F. 154) Mc Keague, Karen M. 155) Meegan, Martha 156) Mestre Jr., Oswaldo 157) Mikolajewski, Deborah 158) Militello, Charles G. 159) Milligan, Lynn 160) Mix -Rush, Pamela A. 161) Mulhem, Deborah 162) Mulhem, Timothy M. 163) Muranyi, Karen E. 164) Murphy, Janet M. 165) Muscarella, Michael Louis 166) Myrick, Yusef 167) Napierala, Robyn 168) Nichols, Steven J. 169) Nogel, Rosaleen B. 170) Norris, Renee 171) Nowadley, Ellen M. 172) Nunan, Thomas D. 173) O'Brien, Laurie A. 174) O'Brien, Scan 175) O'Brien, Thomas J. 176) Ogden, Keith B. 177) Olivencia Jr., Wilmer 178) O'Rourke, Patrick 179) Ortiz, Richard A. 180) Owens - Oliver, Karen 181) Pansi, Jill M. 182) ParadOwski, John G. 183) Paul, Kevin, R. 184) Perfetto Jr., Louis Joseph 185) Perry, Debra D. 186) Petrucci, Louis J. 187) Pieri, Steven L. 188) Plevniak, John P. 189) Podsiadlo, Kathleen 190) Porto, Judy 19i) Pratt, David 192) Price, Carrie Belinda 193) Pugh, Christina 194) Price, Carrie B. 195) Rahb, Andrew 196) Rak, Genevieve A. 197) Redmond, Daniel 198) Reyes, David O. 199) Richards, Dennis J. 200) Riley, Charles 201) Rinaldo, Jeffrey 202) Rivera, Markeeta 203) Rivera, Medelicia 204) Rodriguez, Yolanda 205) Rodriguez Jr., John 206) Rosman, Lori E. 207) Rooney, Timothy J. 208) Rosenswie, Robert V. 209) Ross, Brian Gale 210) Rossi, John Louis 211) Rowe, Vanessa 212) Ruberto, Louis S. 213) Ruggiero, Joseph 214) Sanford, Marvin V. 215) Sanford, Molly A. 216) Savage, Christopher P. 217) Scaletta, Lori L. 218) Scarcello, Samuel J. 219) Scardino, Heather 220) Scheer, Elizabeth G 221) Schneider, Laura J 222) Schreekenberger, Marie 223) Schulz, Stephen P. 224) Sikorski, Janet 225) Serafini, Margaret 226) Smiley, Kimberly A. 227) Smith, Thomas M. 228) Smith, Vickie L. 229) Smith Jr., Dennis A. 230) Sole, Denice Ann 231) Stabler, James A. 232) Stanahak, Linda D. 233) Stanford, Michelle 234) Starkey, Thomas M. 235) Steinwald, Scott J. 236) Strobele, Michael J. 237) Sturm, Kim M. 238) Sullivan, Michael R. 239) Sullivan, Sean Edward 240) Supples, Terrence 241) Teague, Gary E. 242) Thomas, Robert Bradley 243) Thrist, Lovinia 244) Tomizzi, Joseph J. 245) Tucker, Deborah Elaine 246) Watkins, Ivan A. 247) Walls, Dalonda 248) Weyand, Jeffrey R. 249) White, Jill 250) White, Mark C. 251) Whitfield Jr., Garnell W. 252) Wiles, Sheila M. 253) Young, Christine J. 254) Young, Megan M. 255) Zafuto, David B. 256) Zawistowski, Pamela 257) Zdon, Deborah 258) Ziolkowski, Gary W. 259) Zipp, Stephen W. ADOPTED NO. 2501 APPOINTMENTS COMMISSIONER OF DEEDS 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. See the attached page. TOTAL: 80 1) Antecki, Georgette 2) Bailey, Daniel F. 3) Bates Jr., LeRoy W. 4) Biddlecom, John G. 5) Boans Jr., Minister Rudolphus 6) Bove, James R. 7) Braun, Keith 8) Brooks, Patrick 9) Brown, Dorothy L. 10) Brown, Erma J. 11) Brzezinski, Sharon Lynn 12) Budzynski, Kimberly S. 13) Buzak, William J. 14) Capps, Jessica 15) Carey, Ginger Y. 16) Caruana, Cheryl 17) Chiarenza, Linda 18) Chudy, Richard David 19) Cielencki, Deborah A. 20) Clayton, Michael S. 21) Czamara, Casimier T. 22) Davis, James P. 23) Drewery, Kristina 24) Dudek, Patricia S. 25) Eason; M. DeAnna 26) Fisher, Joseph G. 27) Flynn, Christopher 28) Galloway, Wayne J. 29) Gil, Michele 30) Gist, Dolores 31) Gist, Laura 32) Godin, Caitlin 33) Graber, Kimberly 34)Hall, Nathan 35) Hammond, John L. 36) Hicks, Rogers 37) Jackson, Janice W. 38) Jackson Sr., James L. 39) Jemiolo Jr., Stanley A. 40) Jewitt, Christine M. 41) Kirwan, Kevin M. 42) Kogan, Bruce 43) Kopack, Joseph 44) Kopacz, Sandra A. 45) Kwiatkowski, Pamela 46) Lewis, Brian K. 47) Lombardo, Deborah A. 48) Mahoney, Kelly 49) Marinelli, Lynn M. 50) Marks Sr., Frank L. 51) Mazzone, Michelle 52) McGaughey, Stephanie A. 53) Merriweather, Frank E. 54) Milewski, Deanna Jo 55) Minor -Ragan PhD, Yvonne S. 56) Morris, Irene 57) Musior, Kevin 58) Neish, Emily 59) Neish, Theresa 60) Nowak, Nicole M. 61) Orlowski, Norbert D. 62) Parker, Linda L. 63) Piwowar, Judith A. 64) Posmantur, Craig 65) Poczkalski, Victoria 66) Richardson, Herbert A. 67) Riffel, Douglas D. 68) Rykovich, Lori A. 69) Salley, Kyle T. 70) Sanders, Anita 71) Sands, Julienne 72) Sawma, Martin J. 73) Scerra, Lisa Marie 74) Schiffman, Eric 75) Syracuse, Joseph 76) Szczesny, Patricia S. 77) Tomasulo, Grace M. 78) Turchiarelli, Karen A. 79) Winship, Micah E. 80) Woolford, Michael 81) Wroblewski, Joshua 82) Young, Sylvia 83) Yuhnke, Jennifer 84) Zabinski, David 85) Zambito, Lisa ADOPTED The following meetings are scheduled unless otherwise noted. Regular Committees Committee on Civil Service NO. 2502 ANNOUNCEMENT OF COMMITTEE MEETINGS All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, Committee on Finance following Civil Service Claims Committee on Comm. Dev. Committee on Legislation Tuesday, December 16, 2014 at 9:45 o'clock A.M. Tuesday, December 16, 2014 at 10:00 o'clock A.M. Tuesday, December 16, 2014 at 11:00 o'clock A.M. Tuesday, December 16, 2014 at 1:00 o'clock P.M. Tuesday, December 16, 2014 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Riven 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. On a motion by Mr. Rivera, Seconded by Mr GERALD A. CHWALINSKI CITY CLERK December 9, 2014 NO. 2503 ADJOURNMENT Fontana the Council adjourned at 2:52 pm