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Home My WebLink About15-0303NO. 5 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 3, 2015 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 N *Cluj Ir e V Z K S] L V i h V i 111 i 9 4 *� 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 MARCH 3, 2015 ** *FINAL * ** MAYOR MAYOR EXECUTIVE 393 - AA. Strat Plan- Permission to Designate Developer 240 Kensington(Masten) APP COMPTROLLER 394- 1. 2014 -2015 Second Quarter Gap Sheets Reports FIN 395- 2. Letter to National Grid Re: Street Light and Electricity Accounts FIN PUBLIC WORKS 396- 3. Change in Contract -Cars on Main St -600 Block(Ell) APP 397- 4. Change in Contract -Coca Cola Field Renovations(Fill) CD 398- 5. Change in Contract -A District Police Station Design Services(South) APP 399- 6. Change in Contract -A District Police Station New Roof & Partial Reconst APP 400- 7. Change in Contract - District Heat System Reconfiguration(Fill) APP 401- 8. Permission to Hire Consultant -Coca Cola Field New Seating(Fill) CD 402- 9. Permission to Hire Consultant -Crane Branch Library New Roof APP 403- 10. Permission to Hire Consultant -A District Police Station New Parking Lot(South) APP 404- 11. Permission to Hire Consultant- Engine 21 New Emergency Generator(Mas) APP 405- 12. Permission to Hire Consultant- Engine 28 New Roof(Lov) APP 406- 13. Permission to Hire Consultant- Various Libraries Concept Design(Var) APP 407- 14. Permission to Hire Consultant - Police Headquarters New Roof(Ell) APP 408- 15. Permission to Increase Contract for Engineering Services Pearl St 2 Way Conv APP 409- 16. Report of Bids -City Wide Parks Improvements Play Court Rehab APP 410- 17. Appoint Equipment Operator(Prov)(Inter)(Vance Jr.) CS PERMITS AND INSPECTIONS 411- 18. Downtown Special Vending District Amendment Requests LEG 412- 19. Food Store License(New) -152 Allen(Fill) LEG 413- 20. Food Store License(New) -1245 E. Delavan(Lov) APP W /COND 414- 21. Food Store License(New) -160 Doat(Fill) LEG 415- 22. Food Store License(New) -74 Elmwood(Fill) LEG 416- 23. Food Store License(New) -1036 E. Ferry(Mas) LEG 417- 24. Food Store License(New) -244 Forest(North) APP 418- 25. Food Store License(New) -1225 Hertel(Del) LEG 419- 26. Food Store License(New) -315 Jersey(Nia) LEG 420- 27. Food Store License(New) -2248 Main(Del) LEG 421- 28. Food Store License(New) -860 Tonawanda(North) LEG 422- 29. Food Store License(New) -721 Tonawanda(North) LEG 423- 30. Food Store License(New) -1624 William(Lov) APP W /COND 424- 31. Restaurant Dance Class III -447 Main(Ell) APP 425- 32. Second Hand Dealer -415 Grant(Nia) APP 426- 33. Used Car Dealer -878 Bailey(Fill) LEG 427- 34. Used Car Dealer -2618 Bailey(Lov) LEG ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 428- 34A. FEMA Grant Acceptance for Nov 2014 Storm Reimbursement APP COMMUNITY SERVICES 429- 35. Emergency Solutions Grant(ESG) Contract Extension(Yr 39) APP CITY CLERK 430- 36. Restricted Use Permit -69 W. Chippewa(03 /12/2015) APP 431- 37. Restricted Use Permit -69 W. Chippewa(03 /19/2015) APP 432- 38. Restricted Use Permit -69 W. Chippewa04 /02/2015) DENY 433- 39. Liquor License Applications R &F 434- 40. Reports of Attendance R &F 435- 41. Notices of Appointments - Council Interns ADOPT 436- 41A Notices of Appointments - Council Intern ADOPT 437- 42. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 438- 42A. D. Franczyk -K. Fiedler- Concerns New Construction on Lakefront Blvd CD 439- 43. J. Golombek- Municipal Broadband CD 440- 44. P. Macdonald- Meeting Minutes, Interviews and Research for Slumlord Easter Egg Hunt at Martin Luther King Jr. Park Sub - Committee 2/14 -11/14 R &F 441- 45. J. Mascia - Complaints Re Chairman of BMHA R &F 442- 46. NYSDEC - Public Comment Period Remedy Proposed Brownfield Site -89 LaSalle_R &F Comm of Deeds - Public Duties 443- 46A. NYSDOT- Response to Renaming Squaw Island to "Divided Island" LEG 444- 47. D. Rivera - Ordinary Disability Pension Filing POL O/S 445- 48. C. Scanlon -21 Century Park on the Outer Harbor, Inc. CD 446- 49. R. Wyatt -Reuse of St Rose School Into Market Rate Apartments CD 447- 50. R. Wyatt -T. Braungart- Concerns Reuse of St. Rose School CD PETITIONS 448- 51. F. Lazarus, Agent, Use 475 Ellicott -Erect LED Billboard Ground Sign in the Downtown Opportunity District(EII)(Hrg 3/10) LEG,CPBD 449- 52. B. Melber, Agent, Use 492 Elmwood to Continue Restaurant Under New Ownership in the Elmwood Ave Special District LEG,CPBD 450- 53. R. Wyatt -R. Paolini & O- Oppose Rezoning of Dash's 400 Kenmore CD RESOLUTIONS 458- 54. Franczyk,etc Create A Second City Housing Court Judge Position ADOPT 459- 54A. Franczyk Hamburg and South Park Intersection LEG,PW 460- 55. Franczyk,etc Initiate Housing and Blight Prevention Reforms LEG,EDPI 461- 55A Golombek Ordinance Amendment Ch 437 - Taxicabs, Liveries & Sightseeing Buses APP 462- 56. Golombek Waive Special Event and Tent Permit Fees for Buffalo Cherry Blossom Festival APP 463- 56A. Rivera Calling on NYS to Provide Needed Funding to the NFTA ADOPT 464- 56B. Rivera Language Access Plan for the City of Buffalo ADOPT RES'S REM TO LEG, POL O/S 465- 57. Scanlon Waive Park Rental and Event Fees for Lorraine Field Day APP 466- 58. Scanlon Waive Event Fees Tosh Collins Senior Center S. Bflo Coalition 467- 58A. Smith Disch Leg #15 -177 "Renaming of Squaw Island to Divided Island(Hrg 3/3) ADOPT D/C RECOMMIT LEG 468- 58B. Smith Waive Park Rental and Event Fees for Masten District Annual Easter Egg Hunt at Martin Luther King Jr. Park APP 469- 59. Wyatt Budget & Personnel Amendment -Human Resources APP 470- 60. Wyatt Comm of Deeds - Public Duties ADOPT 471- 61. Wyatt Comm of Deeds ADOPT TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 451 -1. 15 -319 Com Feb 17 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 452 -2. 15 -301 Com Feb 17 Waterfront Apartments Phase I -PILOT Agreement(Strat Plan) APP LEGISLATION 453 -3. 15 -325 No Feb 17 K. Brinkworth Owner Use 1487 Hertel to Reestablish an Existing 454 -4. 15 -326 No Feb 17 455 -5. 15 -216 Com Feb 3 456 -6. 15 -242 No Feb 3 457 -7. 14 -2381 No Nov 25 Tavern Under New Ownership in the Hertel Ave Special Zoning District(Del)(hrg 2/24) APP D. Hall, Agent, Use 960 Busti- Change of Use, 4 Story Warehouse /Office Bldg Convert to Apartments and Commercial Tenancy(Nia)(hrg 2/24) APP 2015 Food Store License Renewals "AMENDED" R &F J. Akhtar, Owner, Use 1344 E. Delavan -New Applicant for Existing Second -Hand Dealer and Retail Sales Storefront in the Genesee -East Delavan Special Zoning District(Univ)(Hrg 2/24) APP P. Bogdan- Linwood Avenue Parking R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MARCH 3, 2015 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, Smith, Wyatt— 9 Absent — None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on February 17, 2015 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 393 PERMISSION TO DESIGNATE DEVELOPER 240 KENSINGTON NORTH SIDE 35' WEST OF PAULINE LOT SIZE: 289.61 X 984 ASSESSED VALUE: $134,000 MASTEN DISTRICT The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Office of Real Estate ") has received a request from Creative Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company ( "Developer "), with a mailing address of 1659 Amherst Street, Suite 100, Buffalo, New York 14214 to purchase the above captioned Property. The Developer has indicated that the project is extremely time sensitive due in part that there is significant environmental remediation at this site. The Developer has already applied to New York State to have 240 Kensington included in the 2015 Brownfield program. The Developer has submitted a preliminary site plan, elevations and floor plan for the proposed 40 unit project. The cost estimates for this project are approximately 5.3 Million Dollars. Funding for this project will be private conventional financing through Northwest Savings Bank with the exception of 1 Million Dollars Brownfield funding and they may possibly be applying for potential HOME Funds. 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 Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate the Developer, and /or a corporation, partnership, or other legal entity to be designated by or through Developer's or Developer's efforts, as the Developer of the Property for a period of twelve (12) months subject to but not limited to the following terms and conditions: a. 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 the Zoning Ordinance of the City of Buffalo. b. 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 "). c. 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. d. 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. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. f. 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 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 or in the event a mutually satisfactory DLA 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. g. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), 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, whether 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 contractors accessing the Property. h. 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. i. The Developer, or an entity to be designated by the Developer, 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 (City's Department of Strategic Planning) sole discretion. j. The LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easements rights and access arrangements satisfactory to the City (City's Division of Real Estate and the Corporation Counsel) in their sole discretion. k. Upon signing of the LDA there shall be a payment by the Developer to the City's Division of Real Estate, a non- refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. I. 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 or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. m. The designation will expire twelve (12) months from the date the Common Council approves the designation. n. The City of Buffalo may terminate the 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. o. The designation and the 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 Creative Structures Services along with Sinatra & Company, with a mailing address of 1569 Amherst, Suite 100, Buffalo, New York 14214 and /or a corporation, partnership, or other legal entity to be designated by Developer, as Developer of a portion of 240 Kensington consisting of 2.5 acres on the above terms and conditions. I am further requesting that Your Honorable Body authorize the Corporation Counsel's Office to prepare the necessary LDA for the conveyance of the Property to the Developer for the development of the Project on the Property; and that the LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 2, 2015, be received and filed; That the Common Council hereby designates Creative Structures, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company (the "Developer ") as Developer and /or a corporation, partnership, or other legal entity to be designated by or through Developer's or Developer's efforts, as the Developer of 240 Kensington (the "Property ") for a period of twelve (12) months, subject to, but not limited to, the following terms and conditions: a. 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 the Zoning Ordinance of the City of Buffalo. b. 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 "). C. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5 of each month, beginning in the month following this designation. d. 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. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st ) day of every month. f. 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 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 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. g. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), 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 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 1808 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, whether 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 contractors accessing the Property. h. 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. i. The Developer, or an entity to be designated by the Developer, 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 (City's Department of Strategic Planning) sole discretion. j. The LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easement rights and access arrangements satisfactory to the City (City's Division of Real Estate and the Corporation Counsel) in their sole discretion. k. Upon signing the LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non- refundable deposit in the amount of ten percent (10 %) of the to be agreed upon purchase price. The purchase price is to be established in accordance with Article 27 of the City of Buffalo Charter. I. 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 or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. M. The designation will expire twelve (12) months from the date the Common Council approves the designation. n. The City of Buffalo may terminate the 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. o. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalos Corporation Counsel's Office deems necessary. That the Common Council hereby authorizes the Corporation Counsel's Office to prepare the LDA for the conveyance of the Property to the Developer for the development of the project on the property; and that the LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES 9. NOES 0 FROM THE COMPTROLLER NO. 394 2014 - 2015 SECOND QUARTER GAP SHEETS REPORT As required by the City Charter, we have reviewed the 2014 - 2015 Second 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 two 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 $4.1 million budgetary surplus for the current year ending June 30, 2015, based on actual results through December 31, 2014, and projections for the perio January 1, 2015 through June 30, 2015. This office's financial review of the year -end projection continues to vary from that of the administration. As we noted in our 2014 -2015 First Quarter Gap Sheets Report as well as 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. With the passage of time since our 2014 -2015 First Quarter Gap Sheets Report, we have seen no evidence to change our concerns regarding falling short on certain revenues. Given the information that is available to this office, we estimate that revenues will fall under budget from between $5 million to $15 million. 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, but these expense savings are beginning to narrow in the short -term, with the settlement of certain union contracts and the expected addition of staff as a result, continued increasing benefit costs, and the absorption of any non - covered costs due to unforeseen circumstances, such as this past year's November storm. 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 six months, especially given the relatively short time frame being considered (six months). Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations during the remainder of the fiscal year. REFERRED TO THE COMMITTEE ON FINANCE NO. 395 LETTER TO NATIONAL GRID RE: STREET LIGHT AND ELECTRICITY ACCOUNTY Dennis Elseubeck National Grid 144 Kensington Ave. Buffalo, NY 14214 Dear Dennis: Thank you for meeting with me, my staff, and Troy & Banks on February 5, 2015 regarding the City of Buffalo's audit of its street light and electricity accounts with National Grid. I am writing to follow up on the issues that we discussed. At the conclusion of the meeting, all parties agreed on the following: • We will meet again in approximately 30 days to discuss the progress made since the first meeting. • The City and Troy & Banks have notified National Grid that we have submitted all current claims related to our audit, however we reserve the right to submit additional claims if warranted. As a result of this notification, National Grid has agreed to begin their review process of the claims that were submitted. • National Grid will provide me with the 2006 audit that resulted in a $1.3 million (21 %) increase in the City's street light electricity costs, as well as all supposing documentation. Please include all Schedule SLs related to this audit, so the City can assess whether there is sufficient documentation to justify the increase. • Before the next meeting, National Grid will process the claims on the City's smaller, independent electricity accounts, including the Police and Parks Departments, and will correct the current invoices for these accounts, as well as refund any overcharges that have been identified. Additionally, I am hereby requesting an electronic copy of the most current version of the street light inventory in Microsoft Excel format. Please provide this prior to oar next meeting. My office has informed the Common Council's Finance Committee of our meeting and the resulting agreements listed above. Several Councilmembers expressed that they shared my desire to bring this matter to a conclusion as soon as possible. Cherelle Syph from my office will contact your office to schedule the next meeting. I look forward to continuing to work with you on resolving these issues. In the meantime, please feel free to contact me if you have any questions or concerns. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 396 CHANGE IN CONTRACT CARS ON MAIN STREET 600 BLOCK OF MAIN ST. - CHIPPEWA TO TUPPER STS. CONTRACT #93001015 PIN #5822.12 ELLICOTT DISTRICT Contract Summary: Contract Amount $6,034,460.00 + Amount of change order(# 1 ) 35,980.96 Revised Contract Amount $6 070,440 90 1 hereby submit to your Honorable Body the following change for this contract. Mark Cerrone, Inc. is the General Contractor for the Cars on Main Street, 600 Block Project for the City of Buffalo. This contract provides for the construction of this project. This increase is necessary to allow the City of Buffalo to purchase and install Pay- and - Display Parking Meter Stations along the 600 Block of Main Street (between Tupper and Chippewa Streets). The costs associated with this change order include the purchase and installation of four (4) such units. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. However, as this item is revenue producing, it is not eligible for Federal and State reimbursement. Therefore, the entire cost of this change order must be bore by the City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $35,980.96. The funds are available in Capital Project Account #30335406 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated February 18, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $35,980.96 (Original Contract Amount $6,034,460.00 + Change Order $35,980.96 for a Revised Contract Amount of $6,070,440.90) for the Cars on Main Street - 600 Block Project, to Mark Cerrone, Inc., C #93001015. Funds for this work are available in Capital Project Account #30335406 - 445100 and an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 397 CHANGE IN CONTRACT COCA COLA FIELD RENOVATIONS JOB #1274 G FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for Coca Cola Field, Renovations, Spicer Group (S &W Contracting), C #93001126. 1. Additional cost for cold weather condition for concrete work the Add $ 7,402.37 original schedules for the project would have ended prior to the need for cold weather protection. Changes in the schedule at the request of the Bisons and City resulted in the schedule shifts. The foregoing changes result in a net increase in the contract of Seven Thousand Four Hundred Two and 37/100 Dollars ($7,402.37). Summary: Original Contract Amount $315,000.00 Amount of Previous Change Orders $ 27,142.21 Amount of This Change Order $ 7,402.37 Revised Contract Amount $349,544.58 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 — Buildings REFERRED TO THEC COMMITTEE ON COMMUNITY DEVELOPMENT NO. 398 CHANGE IN CONTRACT A DISTRICT POLICE STATION DESIGN SERVICES JOB #1307 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for A District Police Station, Design Services, Cannon Design, C #93001171. 1. The requirement for additional design services was needed because Add $ 59,000.00 the scope of work increased during construction as a result of unforeseen issues, and the project budget was expanded to address the BPD facility needs; renovation of locker room toilet areas, break room, HVAC Upgrades, Interior finishes, and curbing to prevent vehicles from damaging the police station The foregoing changes result in a net increase in the contract of Fifty Nine Thousand and 00/100 Dollars ($59,000.00). Summary: Original Contract Amount $ 72,526.00 Amount of Previous Change Orders $ 0.00 Amount of This Change order $ 59,000.00 Revised Contract Amount $131,526.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 — Buildings and 35323506 445100 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $59,000.00 (Original Contract Amount $72,526.00 + Change Order $59,000.00 for a Revised Contract Amount of $131,526.00) for the A District Police Station, Design Services, to Cannon Design, C #93001171. Funds for this work are available in Account #35323106 445100 - Buildings and Account #35323506 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 399 CHANGE IN CONTRACT A DISTRICT POLICE STATION NEW ROOF & PARTIAL RECONSTRUCTION JOB #1307 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for A District Police Station, New Roof & Partial Reconstruction, Northern Dreams Construction, C #93001388. 1. The additional cost for the scope of work increased during Add $ 9,076.00 construction as a result of unforeseen issues, and BPD needs: structural damage to exterior walls, upgrade locker base prior to installing new floors, and new gate in perimeter fence to allow access to Pierce Field at Mulroy Park The foregoing changes result in a net increase in the contract of Nine Thousand Seventy Six and 00/100 Dollars ($9,076.00.00). Summary: Original Contract Amount $585,000.00 Amount of Previous Change Orders $ 0.00 Amount of This Change Order $ 9,076.00 Revised Contract Amount $594,076.00 Costs have been reviewed by the Consultant (Cannon Design) and Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 - Buildings and 35323506 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $9,076.00 (Original Contract Amount $585,000.00 + Change Order $9,076.00 for a Revised Contract Amount of $594,076.00) for the A District Police Station, New Roof and Partial Reconstruction, to Northern Dreams Construction, C #93001388. Funds for this work are available in Account #35323106 445100 - Buildings and Account #35323506 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 400 CHANGE IN CONTRACT DISTRICT HEAT SYSTEM RECONFIGURATION JOB #1404 FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for District Heat, System Reconfiguration, MLP Plumbing & Mechanical, Inc., C #93001365. 1. The cost for an additional alarm and circuit to notify System Engineer Add $ 2,866.60 In the District heat work shop The foregoing changes result in a net increase in the contract of Two Thousand Eight Hundred Sixty Six and 60/100 Dollars ($2,866.60). Summary: Original Contract Amount $214,500.00 Amount of Previous Change Orders $ 0.00 Amount of This Change Order $ 2,866.60 Revised Contract Amount $217,366.60 Costs have been reviewed by the Consultant (Cannon Design) and Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323106 445100 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $2,866.60 (Original Contract Amount $214,500.00 + Change Order $2,866.60 for a Revised Contract Amount of $217,366.60) for the District Heat, System Reconfiguration, to MLP Plumbing & Mechanical, Inc., C #93001365. Funds for this work are available in Account #35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 401 PERMISSION TO HIRE CONSULTANT COCA COLA FIELD NEW STADIUM SEATING, PHASE 2 JOB #1606 FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for New Stadium Seating, Coca Cola Field, Phase 2. The cost for consulting services is estimated not to exceed $80,000.00. Funds are available in 35323106 - 445100, Buildings and the 2014/2015 Authorized Capital Improvement Program ($1,000,000.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 402 PERMISSION TO HIRE CONSULTANT CRANE BRANCH LIBRARY NEW ROOF JOB #1606 ELLICOTT 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 New Roof, Crane Branch Library The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in 33321006 - 445100, 35328406 - 445100, 38329206 - 445100, and the 2014/2015 Authorized Capital Improvement Program ($500,000.00 Total); unissued waiting for account numbers. The consultant was chosen throug a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2015, be received and filed; and That the Commo Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the Crane Branch Library New Roof Project. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds for this work are available in Account #33321006 - 445100, Account #35328406 - 445100; Account #38329206 - 445100, and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES 9, NOES 0 NO. 403 PERMISSION TO HIRE CONSULTANT A DISTRICT POLICE STATION NEW PARKING LOT & DRAINAGE SYSTEM JOB #1509 SOUTH 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 New Parking Lot and Drainage System, A District Police Station The cost for consulting services is estimated not to exceed $75,000.00. Funds are available in 35323506 - 445100 and the 2014/2015 Authorized Capital Improvement Program ($1,633,600.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the new parking lot and drainage system at the A District Police Station. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #35323506 - 445100 and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES 9, NOES 0 NO. 404 PERMISSION TO HIRE CONSULTANT ENGINE 21 NEW EMERGENCY GENERATOR JOB #1510 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 New Emergency Generator, Engine 21 The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in 35323206 - 4451001 38320316 - 445100, and the 2014/2015 Authorized Capital Improvement Program ($800,000.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the New Emergency Generator for Engine 21 The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Accounts #35323206 - 445100, 38320316 - 445100, and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES 9, NOES 0 NO. 406 PERMISSION TO HIRE CONSULTANT ENGINE 28 NEW ROOF JOB #1511 LOVEJOY 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 New Roof, Engine 28 The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in 35323206 - 445100, 38320316 - 445100, and the 2014/2015 Authorized Capital Improvement Program ($800,000.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the new roof for Engine 28. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Accounts #35323206 - 445100, 38320316 - 445100, and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES 9, NOES 0 0 lox [III PERMISSION TO HIRE CONSULTANT VARIOUS LIBRARIES CONCEPT DESIGN AND ESTIMATING JOB #1507 VARIOUS DISTRICTS 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 Concept Design and Estimating, Various Libraries The cost for consulting services is estimated not to exceed $50,000.00 per library. Funds are available in 33321006 - 445100, 35328406 - 445100, 38329206 - 445100, and the 2014/2015 Authorized Capital Improvement Program ($500,000.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for Concept Design and Estimating, Various Libraries. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #33321006 — 445100, 35328406 — 445100, 38329206 — 445100, and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES — 9 NOES — 0 NO. 407 PERMISSION TO HIRE CONSULTANT POLICE HEADQUARTERS NEW ROOF JOB #1508 ELLICOTT 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 New Roof, Police Headquarters The cost for consulting services is estimated not to exceed $100,000.00. Funds are available in 35323506 - 445100 and the 2014/2015 Authorized Capital Improvement Program ($1,633,600.00 Total); unissued waiting for account numbers. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works. Parks and Streets, dated February 25, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for the new roof for Police Headquarters. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Accounts #35323506 - 445100 and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES — 9 NOES - 0 NO. 408 PERMISSION TO INCREASE CONTRACT FOR ENGINEERING SERVICES PEARL STREET- TWO -WAY CONVERSION CONTRACT #93000990 ELLICOTT AND FILLMORE DISTRICTS CCP# 15, 01/10/2012 AND # 16,10/16/2013 Contract Summary: Contract Amount: $367,300.00 +Amount of Change Order: $45,117.00 Revised Contract Amount: $412,417.00 1 hereby submit to Your Honorable Body the following change for this contract. Hatch Mott MacDonald is the engineering consultant for the Pearl Street - Two -Way Conversion Project for the City of Buffalo. This project included study, preliminary and detailed design for the conversion of Pearl Street to two -way traffic. This increase is necessary for additional items, which have been added to the scope of this project. The additional items include the coordination of SHPO review, design of the new traffic signal at Bailey and Shreck and the revision of the proposal book and engineer's estimate. I respectfully certify that this increase is fair and equitable for the work involved, and request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $45,117.00. The funds are available in Capital Projects account 35317906 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Department of public Works Parks and Streets, dated February 18, 2015, be received and filed; and That the Common Council- hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $45,117.00 (Original Contract Amount $367,300.00 + Change Order $45,117.00 for a Revised Contract Amount of $412,417.00) for the Pearl Street - Two -Way Conversion Project for the City of Buffalo, to Hatch Mort MacDonald, C #93000990. Funds for this work are available in Capital Projects Account #35317906 - 445100. PASSED AYES — 9 NOES - 0 NO. 409 REPORT OF BIDS CITY WIDE PARKS IMPROVEMENTS PLAY COURT REHABILITATION PROJECT -PHASE 3 We advertised for on January 16, 2015 and received the following formal sealed bids for the City Wide Parks Improvements Play Court Rehabilitation Project -Phase 3, which were publicly opened and read on February 5, 2015. Total Bid Titan Development, inc. 8534 Seaman Road Gasport, New York 14067 Louis Del Prince & Sons, Inc. 580 Cayuga Road Cheektowaga, New York 14225 -1312 1 hereby certify that the foregoing is a true and correct Statement of all bids received and that Titan Development, Inc. with a total bid of Eight Hundred Seventy Nine Thousand Seven Hundred Forty One and 50/100 ($879,741.50), is the lowest responsible bidder. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $967,715.65 (Base Bid $879,741.50 + a $87,974.15 -10% Unit bid increase = $967,715.85). Funding for this project is available in- account 38404706 - 445100 and other account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 25, 2015, 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 Citywide Parks Improvements, Play Court Rehabilitation Project -Phase 3 with Titan Development, Inc., with a total bid of $967,715.65 (Base Bid of $ 879,741.50 + 10% Unit Bid Increase of $87,741.50 for a Total Bid of $967,716.65). Funding for this project is available in Account #38404706 - 445100, and other account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 410 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(VANCE JR) Appointment effective 01 /12/2015 in the Department of Public Works, Parks and Streets to the Position of Equipment Operator, Provisional at the Intermediate Salary of $28,961.00 Kevin Vance Jr, 85 Dartmouth, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 411 DOWNTOWN SPECIAL VENDING DISTRICT AMENDMENT REQUESTS Pursuant to Chapter 316 "Street Vending in the Special Downtown Vending District'; for your review are documents from Buffalo Place Inc. with recommendations to amend Sites located on the "Downtown Special Vending District' and amendments to the boundaries of said District. The Department of Permit & Inspection Services does hereby submit the attached amendment request for whatever action your REFERRED TO THE COMMITTEE ON LEGISLATION NO. 412 FOOD STORE (NEW) 152 ALLEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 152 ALLEN (JUAN DIAZ /L1TTLE ALLEN) and fired that as to form is correct, I will cause an investiga —i0n into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 413 FOOD STORE (NEW) 1245 EAST DELAYAN ( -LOVE JOY) 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 1245 EAST DELAVAN (ALI ALDAILAM! /CITY MARKET & DELI INC.) and find that as m form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from —he Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated January 26, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ali Aldailami d /b /a City Market & Deli Inc. located at 1245 East Delavan upon the following conditions: No sale of drug paraphernalia No sale of glass pens or similar glass tubes No sale or giveaway of wire mesh cleaning pads No sale of blunt cigars or wrapping papers No sale or giveaway of single razor blades Placement of 4'x 4' sign stating "Turn off your car and radio" PASSED AYES — 9 NOES — 0 NO. 414 FOOD STORE (NEW) 160 DOAT (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 160 DOAT (FADHLE ALOMARI / ALOMARI FOOD MARKET) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION NO. 416 FOOD STORE (NEW) 74 ELMWOOD AVE (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 74 ELMWOOD (HANA RIZEK/ALLENTOWN FOOD SHOPPE INC) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought -and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 416 FOOD STORE (NEW) 1036 EAST FERRY (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1036 EAST FERRY (ALI ALSAIDI /FAIR CLUB MEATS & POULTRY INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store licenses being sought and no License will be issued until all required approvals are obtained "from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 417 FOOD STORE (NEW) 244 FOREST (NORTH) Pursuant m Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 244 FOREST (DOLLAR GENERAL STORE #15900.) and find that as to form is correct. I will cause an investigation into the premises for which said .application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated February 10, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Dolgencorp of New York, Inc. d /b /a Dollar General Store #15900 located at 244 Forest. PASSED AYES — 9 NOES — 0 NO. 418 FOOD STORE (NEW) 1225 HERTEL (DEIAWARE) 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 1225 HERTEL (MOHEEB FADEL /CITY GROCERY EXPRESS INC.) and find that as to form is correct. I mill cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 419 FOOD STORE (NEW) 315 JERSEY (- N /AGARA) 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 315 JERSEY (GAMAL NAJI /JERSEY FOOD MART INC..) and find that as to form is correct. I will cause as investigation into the premises for which said application for a food store license is being sought and no License will be issued anti1 all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 420 FOOD STORE (NEW) 2248 MAIN (DELAWARE) 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 2248 — (BILAL MOHAMED /H & A GROCERY DELI INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 421 FOOD STORE (NEW) 860 TONAWANDA NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please he advised that I have examined the attached application for a Food Store License located 86;0 TONAWANDA ( UMBARE UMBARE /RAHMA MKT) and find that as to form is correct. It will cause an investigation into the premises for which said application for a food store licenses being sought and no license will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 422 FOOD STORE (NEW) 721 TONAWANDA ( INORTH) 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 721 TONAWANDA (AHM£D ALQADHI /HUN MART) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 423 FOOD STORE (NEW) 1624 WILLIAM (LOVE JOY) 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 1624 WILLIAM (RICHARD DUFOUR /LIQUOR AND CONVENIENT EXPRESS INC) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated February 2, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Richard Dufour d /b /a Liquor and Convenient Express Inc. located at 1624 William upon the following conditions: No sale of drug paraphernalia No sale of glass pens or similar glass tubes No sale or giveaway of wire mesh cleaning pads No sale of blunt cigars or wrapping papers No sale or giveaway of single razor blades Placement of 4'x 4' sign stating "Turn off your car and radio" PASSED AYES — 9 NOES — 0 NO. 424 RESTAURANT DANCE CLASS 111 -447 MAIN ST Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class License located at 447 MAIN ST (HILTON GARDEN INN BUFFALO) and find that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 447 MAIN ST. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated February 24, 2015, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class III License to Mark Hamister d /b /a Hilton Garden Inn Buffalo, located at 447 Main Street. PASSED AYES — 9 NOES — 0 NO. 426 SECOND HAND DEALER -415 GRANT Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 415 Grant and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Kristianne Meal. The attached thereto for Rust Belt Books, Inc. d /b /a /Rust Belt Books. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commission(r of the Department of Permit and Inspection Services, dated February 24, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Kristianne Meal d /b /a Rust Belt Books, Inc. located at 415 Grant Street is hereby approved. PASSED AYES — 9 NOES — 0 NO. 426 USED CAR DEALER 878 BAIELY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 878 BAILEY and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of JASO— JONES & WILLIAM CUEBAS. The attached thereto for JASON JONES & WILLIAM CUEBAS /FLAVCEESS AUTO REPAIR SHOP LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 427 USED CAR DEALER -2618 BAILEY(LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2618 BAILEY and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of LETORRANCE TRAVIS. The attached thereto for LETORRANCE TRAVIS /GONE AUTO SALES. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 428 FEMA GRANT ACCEPTANCE FOR NOVEMBER 2014 STORM REIMBURSEMENT FEMA 4204 DR NY Permission is requested to accept FEMA grant #4204 funds up to the amount of $6,900,000, to cover the costs of the November 2014 storm event. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Administration, Finance, Policy and Urban Affairs, dated February 27, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Administration, Finance, Policy and Urban Affairs to accept FEMA Grant #4204 funds up to the amount of $6,900,000.00 to cover the costs of the November 2014 storm event. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 429 EMERGENCY SOLUTIONS GRANT (ESG) CONTRACT EXTENSION Prior Council Reference: Item No. 01420, CCP 07/08/2014 (Year 39 ESG funding) Common Council approved a five -month contract extension for Emergency Solutions Grant sub - recipients on July 8, 2014. This action extended Year 39 funding from April 30 to September 30, 2104; and provide sub - recipients with additional funding of up to 40 percent of their original Year 39 award. All ESG Extensions were paid with federal — not city — funding. In the initial approval, an extension in the amount of $10,000 for City Mission was included. An additional $20, 000 to cover the balance of the extension amount was to be provided from the city's Year 40 ESG award. However, the city found saving s in its Year 39 ESG budget, and would like to use $20,000 to cover the balance of the City Mission extension. This will enable the city to spend down its Year 39 funding before drawing on Year 40, which HUD has not released yet. The Department of Community Services respectfully requests that your Honorable Body approve the allocation of $20,000 in unexpended Year 39 ESG funding to cover this extension for City Mission, and authorize all necessary parties to execute the contract amendment on the city's behalf. Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Office of Community Services, dated February 17, 2015, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Office of Community Services to extend the Emergency Solutions Grant (ESG) funding with the Buffalo City Mission in the amount of $20,000.00. The extension is being paid with Year 39 ESG funding; and that the Common Council hereby authorizes all necessary parties to execute the contract amendment on the City's behalf. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 430 RESTRICTED USE PERMIT -69 W. CHIPPEWA(03 /12/2016) Copy available for review in the City Clerk's Office. Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on March 12, 2015 is hereby approved. PASSED AYES 9, NOES 0 NO. 431 RESTRICTED USE PERMIT -69 W. CHIPPEWA (03/19/2016) Copy available for review in the City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed: and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on March 19, 2015 is hereby approved. PASSED AYES 9, NOES 0 NO. 432 RESTRICTED USE PERMIT -69 W. CHIPPEWA (04/02/2016) Copy available for review in the City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on April 2, 2015 is hereby denied. DENY AYES 9, NOES 0 NO. 433 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 1487 Hertel 1487 Hertel LLC Elisa & Kevin Brinkworth 1264 Hertel The New Jewel Of India Kulbir RECEIVED AND FILED NO. 434 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 436 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED Certificate of Appointment Appointment effective: February 23, 2015 in the Department of Common Council Division of North District to the Position of Intern IX Unclassified Non - Competitive Flat starting salary of $12.85 David J. Battel, 64 Fuller Street, Buffalo 14207 NO. 436 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED Certificate of Appointment Appointment effective: March 3, 2015 in the Department of Common Council Division of Ellicott District to the Position of Intern IX Unclassified Non - Competitive Flat starting salary of $12.85 Tawana Richardson, 858 E. Ferry St Apt 206, Buffalo 14211 NO. 437 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: February 23, 2015 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer II Temporary Non - Competitive minimum starting salary of $26,908 Larry Tucker, 932 Glenwood Avenue, Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 438 D. FRANCZYK- K. FIEDLER- CONCERNS NEW CONSTRUCTION ON LAKEFRONT BLVD Dear Councilman Franczyk- Thank you very much for your attendance and participation in Tuesday night's meeting at Templeton Landing. Everyone that I spoke with felt that you and Council President Pridgen were truly looking out for the best interests of the existing residents. Enclosed are copies of some of the diagrams that I presented during the meeting. As you know I am most concerned with the setback issue and believe that a 170 ft setback is required in order to prevent very damaging economic impacts on our units at Marina Park, Portside and Breakwaters. I have included the summary page of the appraisal that was done on my property illustrating the market value today versus the market value if the project goes through as currently proposed. A 21 % decrease will occur —over $65,000 in real value, which would be devastating to me. A copy of the full 52 page report is available upon request. A copy of Ciminelli's very distorted and manipulative View Shed Study is enclosed as well. I have also enclosed my ideas on how Breakwaters could salvage some view corridors. My Alternative Plan involves the relocation of the three end row houses to the area on Ojibwa near the tennis courts. Ciminelli doesn't show anything in that area and since those row houses do not have any water views anyway, I don't see any difference if they are located on Ojibwa: Also, the swimming pool that they have mentioned could be placed between the Hi -rise and Lakewood Blvd instead of between Portside and Marina Park. The elevation difference between Breakwaters and Marina Park would allow Breakwaters residents to see over the pool whereas Marina Park residents would be at -grade and would be looking at a 6 ft fence. Thanks again for your efforts at protecting the quality of life for your constituents. :»9 :1V:» III tell r. I:9K0] dildiIIa11:10i101 we ]dildi[1] ►1IvaDIXTIAX.]Z!w1:11►r1 NO. 439 J. GOLOMBEK- MUNICIPAL BROADBAND Please file the attached letter that talks about community -owned broadband for cities. Municipal Broadband often offers high speed internet access more cheaply than other current broadband service providers, sometimes even for free. Municipal broadband lowers prices, creates competition, and boosts economic development in cities. It also helps close the digital divide, allowing low income families access to the internet. School students with no access to home internet would be able to log on to the internet using municipal broadband. Please send this correspondence to the Committee on Community Development for further discussion and refer to the Office of Telecommunication, Department of Public Works, Parks & Streets, Department of Administration, Finance & Urban Affairs, the Mayor's Office, the Comptroller's Office, the Corporation Counsel, the Buffalo Public Schools Superintendent, the Buffalo Board of Education, the Buffalo Teachers Federation, the Charter Schools, the Catholic Diocese Schools, the Federal Communication Commission, Time - Warner Cable, Comcast, and the Board of Block Clubs for their comments and suggestions. Your assistance is greatly appreciated. Joseph Golombek, Jr. North District Councilmember Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 440 P. MACDONALD- MEETING MINUTES, INTERVIEWS AND RESEARCH FOR SLUMLOARD SUB - COMMITTEE 2/14- 11/14 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 441 J. MASCIA- COMPLAINTS RE CHAIRMAN OF BMHA Chairman Seaman, Your behavior at the Thursday February 19, 2015 Board of Commissioner meeting was disgraceful and disrespectful to the two Elected Resident Commissioners. Your actions displayed in front of the news media and the general public in an open committee meeting shows your arrogance and disrespect for all the members of the Board and the title of your position as Chairman of the Buffalo Municipal Housing Authority. Roberts Rules of Order, rules of the Buffalo Municipal Housing Authority and Public Authorities in general law forbids admonishment, intimidation or censorship by any of its members. Roberts Rules and Cushing Rules clearly state that if a Chair wishes to make a statement or debate you must relinquish the chair which, in this case, you did not do. The Chairman's major responsibility is to conduct a meeting in a fair and an impartial manner, keep order and make sure every member respects each other which, again, in this case you did not do. To admonish and insinuate that Commissioner Martinez and I as residents should have to ask your permission to speak on housing authority matters that are of concern to the residents would appear to our residents to lack transparency on the part of their elected commissioners. We have never spoken publicly on the behalf of the BM HA but we have and will continue to speak about the BMHA in an effort to correct their wrongs and to improve the living conditions of all the residents of public housing because that is what we were elected to do and what we must do. Your actions as Chairman of the Buffalo Municipal Housing Authority violates our First Amendment Right of Free Speech guaranteed under the Constitution of the United States of America as residents of housing and citizens. You have abused your authority as Chairman and then had the audacity to boast about it to the general public outside of the Authority in an egregious display of absolute arrogance. This is not the first time you have displayed this arrogance against me and other Elected Commissioners. I am speaking with counsel to research this matter and may bring further action against you and any commissioners collaborating with you to censor the voices of the residents. I would hope that you would consider the good and welfare of Public Housing and spare further embarrassment to your fellow commissioners by submitting your resignation, Respectfully, Commissioner Joseph A. Mascia Commissioner Yvonne Martinez RECEIVED AND FILED NO. 442 NYSDEC- PUBLIC COMMENT PERIOD REMEDY PROPOSED BROWNFIELD SITE -89 LASALLE Site Name: 89 LaSalle Avenue DEC Site #: C915283 Address: City of Buffalo, Erie County Website: http: / /www.dec.ny_.gov /chemical /96246.html Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by the New York State Department of Environmental Conservation (DEC) to address contamination related to 89 LaSalle Avenue site ( "site ") in the City of Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location identified below under "Where to Find Information." The cleanup activities will be performed and funded by Legacy LaSalle LLC (applicant) with oversight provided by DEC. When DEC is satisfied that cleanup requirements have been achieved, the applicant may be eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http:// www .dec.ny.gov /chemiCal /96246.html and http : / /www.dec.ny_.gov /cfinx/extapps /derexternal /baz /details.cfm ?pageid= 3 &progno= C915283 How to Comment DEC is accepting written comments about the proposed cleanup plan for 45 days, from February 19 through April 6, 2015. The draft Remedial Work Plan (RWP) containing the proposed site remedy is available for public review at the location identified below under "Where to Find Information." Please submit comments to the DEC project manager listed under Project Related Questions in the "Who to Contact" area below. The proposed remedy consists of: 1. Excavating soil /fill and disposing the material from four locations of the site, where the level of contamination was significantly higher than other parts of the site; 2. Re- grading the site for redevelopment; 3. Placing a cover system over the entire site, consisting of pavement or a minimum of two feet of clean, imported soil; 4. Imposing an environmental easement on the property that will restrict it to restricted - residential uses, and; 5. Implementing a Site Management Plan that will detail the management of any future excavations in areas of remaining contamination, assess the performance and effectiveness of the site cover system and details the steps necessary for the periodic review and certification of these site controls. The contaminants of concern pose a risk to human health through direct contact and incidental ingestion. A properly maintained site -wide cover system would mitigate these risks. Redevelopment of the site will result in most of the site being covered with pavement and structures; the impervious surfaces and storm water collection system should mitigate the transport of contaminants off site through storm water runoff or groundwater migration. Summary of the Investigation Fill material, including ash, cinders, slag, and demolition debris covers nearly the entire site. The fill material is contaminated with certain metals and a group of compounds known as polycyclic aromatic hydrocarbons (PAHs). PAHs are frequently found in the waste products of fossil fuel combustion, such as ash and cinders. Groundwater, which was found only deep within the bedrock beneath the site, was not impacted by the contaminated soil /fill. About half of the site is a former quarry, which was filled with more than 45 feet of this contaminated material. A site -wide cover system is considered a more feasible remedy than the removal of all of the fill material. Next Steps DEC will consider public comments received on the proposed remedy presented in the draft RWP and ultimately issue a final Decision Document. New York State Department of Health (DOH) must also concur with the remedy. The final RWP (with revisions if necessary) and the Decision Document will be made available to the public. The applicant(s) may then design and perform the cleanup action to address the site contamination, with oversight by DEC. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The proposed BCP site is located at 89 LaSalle Avenue in the City of Buffalo, Erie County. It is bordered to the north by LaSalle Avenue; to the south and west by McCarthy Park and the William Price Memorial Parkway properties; and to the east by Cordova Avenue. Site Features: The site consists of the properties addressed as 89 and 67 LaSalle Avenue and 71 Cordova Avenue and is approximately 9.45 acres in total area. The 67 LaSalle Ave property on the north end of the Site is generally flat and covered primarily With asphalt pavement and three vacant buildings that were formerly part of a commercial lumber yard. The southern portion of the Site includes the 89 LaSalle and 71 Cordova Avenue properties and consists of undeveloped, vacant land covered by a mixture of grassy vegetation, dense brush and trees. There are a few structures located on this part of the Site, consisting of a large radio transmitting antennae and small fenced areas protecting equipment that were associated with a former radio station located adjacent to the Site. The southern portion of the Site slopes slightly to the north with limited distinguishable Site features. Current Zoning and Land Use: The site is currently zoned for residential and commercial use. Past Use of the Site: The southeastern half of the site was used as a stone quarry from approximately 1915 through 1950. The quarry was subsequently used by the City of Buffalo as a landfill in the 1950s and 1960s for the disposal of demolition debris, ash, railroad ballast and reportedly some municipal waste. The northwestern half of the site was used as a lumber yard since the early 1900s. More recently, some of the structures on this portion of the site were used for automotive storage after the lumberyard closed. There were no other uses noted for this portion of the site. Site Geology and Hydrogeology: The site is covered by surface soil classified as Urban Land. Depth of bedrock (outside of the quarry) is 1.25 to 12.9 feet below ground surface (bgs). The general lithology consists of a variety of fill including ash, cinders, sand, and gravel as well as various amounts of glass and brick fill, with little or no native soil. The site lithology is consistent with the historic use as a quarry and subsequent solid waste landfill. The site hydrogeology is complicated by the significant man -made elevation differential that exists across the site resulting from the historical rock quarrying activities. Bedrock in the backfilled quarry was encountered at a depth of approximately 45 feet bgs. Groundwater is mostly absent from the fill and overburden. Groundwater in the bedrock monitoring wells was encountered 43 to 54 ft bgs and flows northwest beneath the site. Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: ffwww .decmy_.govichemical /8450.html RECEIVED AND FILED NO. 443 NYSDOT- RESPONSE TO RENAMING SQUAW ISLAND TO "DIVIDED ISLAND" RE: Request to Rename Squaw Island to "Divided Island - Dedyowenoguhdoh" Dear Mr. Chwalinski" I am writing in response to your letter dated February 6, 2015 regarding the resolution that was adopted at the Buffalo Common Council meeting held on January 20, 2015, to rename Squaw Island to "Divided Island - Dedyowenoguhdoh ". The New York State Department of Transportation has reviewed the resolution and does not have any opposition to the change in the name of the island. If you have any further questions, please feel free to contact me at (716) 847 -3238. Sincerely, Darrell F. Kaminski, P.E. Regional Director REFERRED TO THE COMMITTEE ON LEGISLATION NO. 444 D. RIVERA- ORDINARY DISABILITY PENSION FILING I would like to file the attached information for the next Common Council meeting to be held on March 3, 2105 Thank you Dear Mr. Rivera, On February 16, 2015 1 was informed that Officer Efrain Colon received an Ordinary Disability Pension from the New York State Police and Fire Pension System. Efrain did not apply for this type of pension, Commissioner Derenda's administration fraudulently made that application. Efrain Colon was a police officer with 19 years and 6 months of dedicated service to the citizens of Buffalo New York. Efrain is also a resident of the City of Buffalo. He was 6 months short of retiring with a service pension. Efrain was one of the hardest working, most diligent police officers assigned to the C- District. His career was cut short by a horrific car accident in 2003. He tried to come back from the debilitating injuries he suffered in 2003 but was unsuccessful. When the police department initiated the camera surveillance room Efrain was the first to volunteer to work in that Capacity. All he wanted to do was be a productive member of this department. After his 2003 injury, Efrain came back to full duty for a short while. He loved his job so much that he constantly showed up to work early to review crime reports generated while he was off -duty. Fifteen minutes before his shift, while in the C- District station house Efrain Colon suffered an exacerbation of his previous injury. !n his attempts to come back from this second set back he sustained such a physical disability that he would never be able to actively work patrol. Again, even though he was disabled he wanted to help fight crime and did so from his position in the camera surveillance room. Commissioner Derenda's staff applied for this Ordinary Disability Pension for Efrain and based that application on an injury which he suffered while in the station house at C- District. However, these administrators did not supply the pension review board with Affiliated with: Western New York Police Conference, Inc.; Upstate New York Police Benevolent Association, Inc. Police Conference of New York and National Association of Police Organizations, Inc. Efrain's 2003 injury information. This deceitful tactic left the pension review board with no alternative but to accept the application for Ordinary Disability Pension, instead of more the appropriate Performance of Duty Pension or Accidental Disability Pension. This action is dishonest at best and possibly illegal at worse. The actions of the Commissioner's staff has placed Efrain Colon and his family in extreme financial peril, as well as, leavin him completely distraught and bewildered. He does not understand how the city who he gave his all for has treated him in such an atrocious manner. The PBA will do whatever it takes to fight for Efrain Colon's rights. The PBA request the Common Council conduct a legislative investigation into this situation and, the actions of this Police Commissioner. This is no way for a municipality to treat hard working police officers who dedicate themselves and risk their lives for the safety and security of our citizens. Sincerely Kevin M. Kennedy PBA President REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO. 446 C. SCANLON -21 CENTURY PARK ON THE OUTER HARBOR, INC. Please file the attached item for the March 3, 2015 Common Council meeting. Christopher Scanlon Councilman South District Hello Chris, We enjoyed meeting with you a few weeks ago and are pleased to list you as a supporter of 21 st Century Park on the Outer Harbor. We've been advised that presenting our proposal to the Common Council would be a good step to take at this time. 21 st Century Park would welcome an opportunity to make a presentation to the appropriate committee of the Buffalo Common Council. We would like to explain why creating a major world -class park on our Outer Harbor would be the best use of our waterfront for healthful, environmental, cultural and economic benefits for our community. Our goal all along has been to retain and protect this valuable land for public use. Our conceptual renderings created by Michael Van Valkenburg and other related information and news articles are available on our website listed below. Please advise if you need additional information from us ... we would be happy to provide whatever you need. We appreciate your help and look forward to hearing from you. Sincerely, Joanie Kahn Co -Chair 885 -4855 And Joan Bozer Co -Chair 88191639 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 446 R. WYATT -REUSE OF ST ROSE SCHOOL INTO MARKET RATE APARTMENTS Deal- Mr. Frizlen: I am in receipt of your email correspondence relative to your proposed development of St. Rose Lima School market rate apartments project. Although I appreciate you providing the documents, as I stated to you and the members of the church, I am unable to approve a rezoning without formal input from the community it directly impacts. It is unfortunate you did not contact my office to coordinate this important project and the fact that I was informed of the meeting from a concerned resident. However, we will move on in earnest hopes of making this project a win -win for the church and the community. My office is currently in the process of organizing a meeting within the next couple of weeks. We will reach out to you and the officers of the church to be in attendance to present and answer questions. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 447 R. WYATT -T. BRAUNGART- CONCERNS REUSE OF ST ROSE SCHOOL/ Hello Councilman Rasheed Wyatt, It was a pleasure meeting and speaking with you the other evening. Per our conversation, I wanted to see if it was possible to figure out another use for the St. Rose School Bldg. I am not against apartments by any means, but I think they should be zoned "Senior Housing Only ", if possible. The original plan indicated "Market Value" pricing which according to the meeting at the church seemed too low for the area— in my opinion. I think there are enough rental properties in the area that cause enough issues with absentee landlords and too many people crammed into single unit dwellings. Also, the parking at the new development does not seem adequate for people who have multiple cars in 1 unit, which will push cars to overtake the street spots. This area has been very nice and quiet in the 8+ years I have lived at 461 Parker Ave, aside from the apartments at the end of Parker on Taunton which are owned by other property management companies., but that is another issue we can discuss another time. Property values are at an all time high in the area, houses going for more than asking price, this project could be detrimental to them. I would like to keep this area the same as it has been for many years, by adding more apartments, it loses the "family feel" that is much needed in certain spots in the city and to me has been on the decline. I also would like to protect my investment and make sure we are doing the best for our area at this time. I will also be reaching out to my friend, S. Bflo Councilman, Chris Scanlon to gauge his thoughts on the same developer looking to do the same with the former St. Theresa's School in his district. My thoughts since the meeting have been, if the older parishioners / neighbors that fit the age to qualify for "senior Housing" it would keep them in the area and close to the church if they were looking to downsize from large homes they raised families in. Senior Housing has worked at multiple locations on Hertel Ave and seems to be a non - nuisance. Another idea I would like to see if they could construct condo - units, they could be purchased by the residents that would have pride in ownership, they would have and pay an association to maintain and keep the place in good shape. Or, simply knock it down for "green space ". I did get notice of the Public Hearing for the Zoning tomorrow 2/25 and will do my best to attend. I would like to see this project stalled until a better solution can be figured out. Please keep me posted if we are not able to meet up, my personal cell # is 716 - 510 -4930. Email tfbraun461 @gmail.com Regards, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 448 F. LAZARUS, AGENT, USE 475 ELLICOTT -ERECT LED BILLBOARD GROUND SIGN IN THE DOWNTOWN OPPORTUNITY DISTRICT (ELL)(HRG 3/10) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 449 B. MELBER, AGENT, USE 492 ELMWOOD TO CONTINUE RESTAURANT UNDER NEW OWNERSHIP IN THE ELMWOOD AVE SPECIAL DISTRICT (NIA)(HRG 3/10) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 460 R. WYATT -R. PAOLINI & O- OPPOSE REZONING OF DASH'S 400 KENMORE Dash's site Hello Mr. Wyatt, I am a 37 -year resident of the neighborhood Surrounding the old Budwey's /Dash's store and am very much opposed to any re- zoning of this area. There has been a lot of momentum there with the Mighty TacO and the beautiful and big CVS in the Valu plaza. Even a bottle recycling place just opened across the street. A storage facility is not at all appropriate for this very residential area. I am so sorry that I wasn't aware of today's Common Council meeting or I would have been there to fight this request for re- zoning. I will not miss the next one. I would also like to work with any community group to be sure this area is used to bolster our neighborhood. Thank you, Roger Paolini 63 Hecla Street Bflo 14216 837 -9434 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 461 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (COP# 16-319,02/17) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 462 WATERFRONT APARTMENTS PHASE I - PILOT AGREEMENT (STRAT PLAN) (ITEM NO. 301, C.C.P., FEB. 17, 2015) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, Waterfront Housing Development Fund Corp., and Waterfront Phase I LLC. The proposed Phase I of the Waterfront Apartments redevelopment will consist of the demolition of five (5) existing buildings at the comer of 7 th and Carolina Streets, which contain a total of 137 residential units. Phase I will consist of the new construction of forty -eight (48) residential rental units, which will consist of ten (10) one - bedroom /one bath units, ten (10) two - bedroom /two bath units, two (2) two - bedroom /1.5 bath units, twenty -four (24) tbree- bedroomi1.5 bath units, and two (2) three - bedroom /2 bath units. The newly constructed units will feature construction and design techniques that will meet the requirements of the Enterprise Green Communities and NYSERDA programs. There will be five (5) fully - accessible apartment units for individuals with mobility impairments and two (2) apartments units fully- adapted for persons with hearing or visual impairments. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income, assuming a five percent (5 %) vacancy. Payments will increase by 3% per year for the duration for the 15 -year PILOT. PASSED AYES — 9 NOES — 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 463 K. BRINKWORTH, OWNER, TO USE 1487HERTEL TO REESTABLISH AN EXISTING TAVERN UNDER NEW MANAGEMENT IN THE HERTEL AVENUE SPECIAL DISTRICT (DEL)(DPIS) (ITEM NO. 325, C.C.P., FEB. 17, 2015) 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 K. Brinkworth, Owner, to reestablish an existing tavern in a multi - tenant strip mall under new management, located at 1487 Hegel Avenue in the Hertel Avenue Special District. PASSED AYES — 9 NOES — 0 NO. 464 D. HALL, AGENT. TO USE 960 BUSTI FOR CHANGE OF USE FROM A FOUR STORY WAREHOUSE /OFFICE BUILDING TO APARTMENTS AND COMMERCIAL TENANCY (NIA)(DPIS) (ITEM NO. 326, C.C.P., FEB. 17, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -68 of the City of Buffalo Code, the Common Council hereby approves the application of D. Hall, Agent, to convert a four (4) story masonry warehouse /office building to eighteen (18) apartments and first and second floor commercial tenancy, located at 960 Busti. PASSED AYES — 9 NOES — 0 NO. 466 2015 FOOD STORE LICENSE RENEWALS "AMENDED" (C.C.P. #15 -2T6, FEB 3) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 466 J. AKHTAR, OWNER, TO USE 1344 EAST DELAVAN TO REESTABLISH A SECOND -HAND DEALER AND RETAIL SALES STOREFRONT IN THE GENESEE -EAST DELAVAN SPECIAL ZONING DISTRICT (UNIV)(DPIS) (ITEM NO. 242, C.C.P., FEB. 3, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -68.6 of the City of Buffalo Code, the Common Council hereby approves the application of J. Akhtar, Owner, to reestablish a second -hand dealer and retail sales storefront in an existing storefront located at 1344 East Delavan, in the Genesee -East Delavan Special Zoning District. PASSED AYES — 9 NOES — 0 NO. 467 P. BOGDAN - LINWOOD AVENUE PARKING (C.C.P. #14 -2381, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 468 BY MESSERS FRANCZYK & LOCURTO & ALL COUNCILMEMBERS RE: CREATE A SECOND CITY HOUSING COURT JUDGE POSITION WHEREAS: The New York State Legislature created the Buffalo Housing Court in 1978 to address a growing crisis of deteriorating housing stock that continues to the present day. Non - compliant property owners are referred to Housing Court by city inspectors for appropriate action hopefully leading to code compliance; and, WHEREAS: Since 1978, the flood of thousands of housing court cases continues to deluge Housing Court unabated, posing an ongoing and growing threat to Buffalo's neighborhoods ; and, WHEREAS: In addition to code violations, Housing Court has dealt with more than 7,000 eviction cases since 2007; and, WHEREAS: Although the State Division of Criminal Justice and the John R. Oishei Foundation have provided funding to help manage with court liaisons and volunteers, a unceasing onslaught of new cases creates backlogs; and, WHEREAS: The citizen -based Operation Slumlord organization cites that the backlog in Housing Court "constitutes a threat to the health and safety of the people of Buffalo because unresolved cases mean dangerous and hazardous conditions in housing may continue for years;" and, WHEREAS: Operation Slumlord argues that creation of a second Housing Court judge position could be established to resolve the backlog of city housing court cases that have languished for more than two years; NOW THEREFORE BE IT RESOLVED: That the Common Council petition the New York State Legislature to create a second Housing Court judge position for the City of Buffalo to alleviate the heavy case load currently encountered by the current Housing Court judge. ADOPTED NO. 469 BY: MR. FRANCZYK RE: HAMBURG AND SOUTH PARK INTERSECTION WHEREAS: The residents of the Old First Ward have recently reported an increase of tractor trailer traffic occurring at the intersection of Ham burg Street and South Park Avenue; and, WHEREAS: This change in traffic has caused great concern among the residents and those who commute in the area; and, WHEREAS: The greatest concern of the residents is the amount of space needed for the tractor trailers to turn on and off of South Park Avenue and Hamburg Street; and, WHEREAS: As the traffic lines are drawn now the truck must enter into oncoming traffic in order for it to complete a turn onto South Park Avenue or Hamburg Street; and, WHEREAS: The residents have purposed that "Stop Here on Red" signs be placed at a— appropriate distance on all four corners of South Park Avenue and Hamburg Street in order to improve the safety and traffic flow of the Intersection; and NOW THEREFORE BE IT RESOLVED: That the Department of Public Works and Traffic Engineers investigate placing "Stop Here on Red" signs at an appropriate distance on all four corners of South Park Avenue and Hamburg Street for the purpose of improving the safety of the residents of the City of Buffalo and all who travel in it. David A Franczyk REFERRED TO. THE COMMTTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 460 BY MESSERS FRANCZYK & LOCURTO RE: INITIATE HOUSING AND BLIGHT PREVENTION REFORMS WHEREAS: Over the decades, widespread blight caused by dilapidated or vacant properties has greatly burdened the City of Buffalo and its neighborhoods; and, WHEREAS: Citizens victimized by these city- destroying derelict or slumlord properties are longing to cut the "Gordian Knot' of a time - consuming and labyrinthian process that rarely brings a speedy resolve to an offending structure. WHEREAS: In an effort to effectively combat this plague, the citizen - driven Operation Slumlord organization, has proposed a series of proactive measures aimed at rectifying many of these problems; and, WHEREAS: The only rational approach to the slum property dilemma is a multi - pronged offensive employing new legislation, tougher enforcement of existing laws, improved inspections strategies and education, an Open Data and Data Analysis System for more effective information gathering and coordination. There is also a pressing need to break the backlog in Buffalo Housing Court; and, WHEREAS: City codes and local laws provide a formidable arsenal of tools to effectively tackle property violations which blanket much of the city, but Project Slumlord cites less than consistent and uniform enforcement of these laws though what they identify as "unenforced city codes ;" and, WHEREAS: City inspectors have cited thousands of blighted properties over the years, but it would be useful to identify which codes need to be more vigorously enforced, or what new codes and local laws have to be introduced; and, WHEREAS: Operation Slumlord cites, for example, city codes that need to be aggressively enforced, such as powers that grant the Commissioner of Permits and Inspections authority to correct violations of rental dwellings without referring the case to City Housing court (341 -9), revocations of Certificates of Occupancy (269 -7) or Rental Registration (264 -10) where applicable; and, WHEREAS: The Common Council concurs with Operation Slumlord that a comprehensive strategy and action plan is needed to improve the abatement of slum and blighted properties in the city, embracing an effective multi - layered approach of legislation, technology, and city department involvement at numerous levels; NOW THEREFORE BE IT RESOLVED: That the Common Council support the Operation Slumlord recommended establishment of a Special Code Enforcement Task Force to monitor and suggest action to better enforce anti - blight laws and codes that may not be properly enforced; BE IT FURTHER RESOVED: That the Special Code Enforcement Task Force focus on those identified perennial problem properties that might be handled through better enforcement of current ordinances with an eye toward significantly reducing the overall percentage of blight and vacancy with a goal of 50 percent blight reduction. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT AND INSPECTIONS NO. 461 BY: MR. GOLOMBEK ORDINANCE AMENDMENT CHAPTER 437: TAXICABS, LIVERIES & SIGHTSEEING BUSES The Common Council of the City of Buffalo does hereby ordain and amend Chapter 437 -1 and 437 -2 to read as follows: SECTION 1: §437 -1 Findings and limitation on number of taxicab licenses. A. It is hereby found and declared that the taxicab business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. A study and survey of the business points to the conclusion that the public cannot properly be served and the business itself cannot operate in an orderly and appropriate manner without regulation of the business and the limitation by the City of the number of taxicabs using the streets. C. Taxicabs now in use and licensed are operated principally by fleet owners and by owners of single or comparatively few taxicabs. To preserve an equitable ratio of taxicabs operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners, the number of licenses which may be issued is hereby fixed as follows: maximum total fleet available is [300] 325 taxicabs. D. If a fleet operator sells any of his licensed taxicabs to an individual operator, the number of licensed taxicabs assigned hereinbefore to fleet operators shall be deemed reduced accordingly and the number of licensed taxicabs hereinbefore assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless the sale is recommended by the Commissioner of Permit and Inspection Services and approved by the Common Council. §437 -2 Findings and limitation on number of livery licenses. A. It is hereby found and declared that the livery business in the City of Buffalo provides an important part of the transportation facilities of said City and the service rendered by said business is a matter of public concern and interest. B. Months of discussions, public hearings and investigation lead to the conclusion that the operation of liveries must be regulated to protect the interests of the public. To enable both livery and taxicab businesses to operate in an orderly manner, there must be a limitation by the City of the number of livery cars using the City streets. The number of livery licenses in effect at any one time shall not exceed [300] 325. C. Liveries are principally owned by fleet owners and by owners of single or comparatively few livery cars. To maintain an equitable ratio of liveries operated by the two classes of owners and to prevent a monopoly of the business by a limited number of owners, the number of licenses which may be issued is hereby fixed as follows: maximum total fleet available is [300 taxicabs] 325 livery cars. D. If a fleet operator sells any of his licensed liveries to an individual operator, the number of licensed liveries assigned hereinbefore to fleet operators shall be deemed reduced accordingly and the number of licensed liveries hereinbefore assigned to individual operators shall be increased accordingly. However, no such sale shall be permitted unless such sale is recommended by the Commissioner of Permit and Inspection Services and approved by the Common Council. SECTION 2: This ordinance amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. SECTION 3: IT IS HEREBY CERTIFIED, pursuant to Section 3 -19(b) of the Charter of the City of Buffalo, that the immediate passage of this Ordinance is necessary. NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES — 9 NOES — 0 NO. 462 BY: MR. GOLOMBEK WAIVE SPECIAL EVENT AND TENT PERMIT FEES FOR BUFFALO CHERRY BLOSSOM FESTIVAL Whereas The first annual Buffalo Cherry Blossom Festival will take place from May 2 to May 9, 2015 in and around the Japanese Gardens, in Delaware Park and the Buffalo History Museum; and Whereas The Buffalo Cherry Blossom Festival will feature twelve days of music, activities, Japanese cultural presenters and entertainment; and Whereas Most of the Activities are free and open to the public; and Whereas the Festival will kick off with a Japanese Tea Ceremony on May 2, at the Buffalo History Museum and will conclude with a closing ceremony on May 9, 2015; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event and Tent Permit Fees associated with the Buffalo Cherry Blossom Festival at the Japanese Gardens, in Delaware Park and the Buffalo History Museum from May 2 through May 9, 2015; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. PASSED AYES — 9 NOES - 0 NO. 463 BY MR RIVERA CALLING ON NEW YORK STATE TO PROVIDE NEEDED FUNDING TO THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY Whereas, the Niagara Frontier Transportation Authority (NFTA) is the public transit and aviation service provider for the City of Buffalo that enables our city to achieve the mobility and quality of life goals and objectives collectively embraced and adopted in its comprehensive plans; and Whereas, the NFTA is faced with a multi - million dollar deficit in the fiscal year set to begin on March 31, 2025 and increasing deficits in future fiscal years; and Whereas, a 2013 financial assessment of the NFTA by the federal government concluded that the "NFTA has managed its operations efficiently and effectively, but has been hampered by zero growth in the revenue sources used to provide operating assistance;" and Whereas, New York State public transit operating assistance to Downstate systems has increased over 8.5 percent since 2008 while the NFTA's state transit operating assistance has increased by only 2.5 percent over that same 6 year time period; Whereas, New York State public transit capital assistance is essential to the effective and efficient operation of the NFTA's public transit assets and frequently been budgeted for the NFTA, but not released; and Whereas, additional authorities and agencies have historically contributed to the NFTA's service including the Erie County Industrial Development Agency ( ECIDA), Peace Bridge Authority (PBA), and the New York Power Authority (NYPA), but these contributions have stalled or dwindled over the years and it has significantly impacted NFTA's financial stability. Now, Therefore Be It Resolved, that the Buffalo Common Council calls on New York State to provide the additional capital and operating assistance necessary to prevent further negative impacts on public transit and aviation services that are critical to the economy and quality of life in Western New York; and Be It Further Resolved, that the Common Council request the ECIDA eliminate its practice of waiving the Mortgage Recording Tax, of which 25% goes to the NFTA, that the PBA increase its contribution to the NFTA, and that the NYPA increase the power it allocates to the NFTA from 1 Megawatt to 7 Megawatts; and Be It Finally Resolved, that the City Clerk forward— a copy of this resolution to Governor Andrew Cuomo, the Peace Bridge Authority, Erie County Industrial Development Agency, New York Power Authority, Senator Tim Kennedy, Senator Marc Panepinto, Assemblymember Crystal Peoples- Stokes, Assemblymember Sean Ryan, and Assemblymember Michael Kearns. ADOPT NO. 464 BY: COUNCIL MEMBER DAVID A. RIVERA RE: LANGUAGE ACCESS PLAN FOR THE CITY OF BUFFALO Whereas: Buffalo is home to a variety of cultures, ethnicities, and nationalities that make our city one of the most diverse places in New York; and Whereas: As a place for refugee resettlement, people from all over the world are coming to Buffalo every day to make our city their new home and many of them are considered Limited English Proficiency (LEP) individuals; and Whereas: Our LEP residents must be able to access public services without any language barriers preventing adequate service; and Whereas: According to the latest American Community Survey, 6.3% of city residents speak English less than "very well" this equates to over 25,000 residents that have difficulty speaking English and are likely to have difficulty communicating their needs or concerns to government officials; and Whereas: Both Federal and State executive orders have been signed directing agencies that are federally and state funded to create and implement plans to improve access to their services for LEP persons; and Whereas: the City of Buffalo does not currently have a language access plan for any of its departments. Now, Therefore, Be It Resolved, the Common Council request a Language Access Plan be developed and looks to the many immigrant and refugee advocacy organizations in Buffalo for their assistance in developing this plan; and Be It Further Resolved, the Common Council request a copy of this resolution be sent to the Mayor and the Office of New Americans. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION AND THE SPECIAL COMMITTEE ON POLICE OVER SIGHT NO. 466 BY CHRISTOPHER P. SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR LORRAINE ELEMENTARY FIELD DAY AT CAZENOVIA PARK WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Lorraine Elementary is a fixture in the South District community, providing education to many of the families in the district; and WHEREAS, The Lorraine Elementary Field Day will be held at Cazenovia Park on June 19, 2015; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events waive all event fees for the Lorraine Elementary Field Day; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments Works and Special Events. P. Scar — South District Council Member PASSED AYES — 9 NOES - 0 NO. 466 SPONSOR: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR USE OF TOSH COLLINS SENIOR CENTER FOR MEETINGS FOR THE SOUTH BUFFALO COALITION WHERAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and WHEREAS: South Buffalo Coalition has always respected the use of Tosh Collins Senior Center in the past; and WHEREAS: The South Buffalo Coalition program would like event fees waived for the following dates (3/30, 4/27, 5/18, 6/29, 7/27, 8/31, 9/28, 10/26, 11/30); and WHEREAS: These events help The Community of Block Clubs get together and work with one another to pitch beneficial ideas to South Buffalo neighborhoods; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully request that the Department of Public Works and the Department of Special Events waive all applicable event fees for The South Buffalo Coalition's use of Tosh Collins Senior Center; and BE IT FURTHER RESOLVED, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events South District Council Member PASSED AYES — 9 NOES — 0 NO. 467 BY: COUNCIL MEMBER DEMONE A. SMITH RE: DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: (ITEM NO 16 -177 (JAN. 20) "RENAMING OF SQUAW ISLAND TO DIVIDED ISLAND (EXC RES)" The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 15 -177, C.C.P. January 20, 2015 "Renaming of Squaw Island to Divided Island (exc res)" and said item is now before the Common Council for its consideration. Mr. Smith made a motion to open the public meeting Seconded by Mr. Golombek Speakers Frank LaVoy Daniel Buckley Sam Herbert Mr. Smith made a motion to close the public hearing seconded by Mr. Golombek Mr. Smith made a motion to Adopt Discharge and Recommit to the Committee on Legislation ADOPT DISCHARGE AND RECOMMIT TO THE COMMITTEE ON LEGISLATION NO. 468 SPONSOR: DEMONE SMITH RE: WAIVE PARK RENTAL AND EVENT FEES FOR MASTEN DISTRICT ANNUAL EASTER EGG HUNT AT MARTIN LUTHER KING, JR. PARK WHEREAS, Chapter 175 Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Masten District Annual Easter Egg Hunt will be held Saturday, April 4, 2015 at 1lam at Martin Luther King Jr. Park; and WHEREAS, The annual event is open to all children under twelve years of age and members of the community. The Easter Egg Hunt provides a free activity for the children and free services for the adults in the community; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Public Works, and the Department of Permits and Inspections waive all fees applicable for the Masten District Annual Easter Egg Hunt at Martin Luther King Jr. Park; and BE IT FURTHER RESOLVED, Clerk forward a copy of this resolution to the Commissioners of Department of Parks and Streets, Special Events and Permits & Inspections. PASSED AYES — 9 NOES — 0 NO. 469 BY MR WYATT BUDGET AND PERSONNEL AMENDMENT 25- HUMAN RESOURCES 1054 - CML SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 25 -1054- Human Resources -Civil Service which currently reads: 1 Account Clerk Typist $31,754 - $32,127 Is hereby amended to read: 1 Personnel Clerk(Civil Service) $32,113 - $35,582 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. GLADYS HERNDON -HILL, COMMISSIONER OF HUMAN RESOURCES AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES — 9 NOES — 0 NO. 470 BY RYSHEED NC WYATT COMM OF DEEDS PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Debra A. Blando Amy E. Catena Chiquita A. Foster Diane Fusco Shelby A. Galas Shelly D. Goodman Lavonne R. Handsor Michelle McFarland Sarah Pearson Collins Angeline P. Rogers Ebony Rose James G. Sheehan Lisa Taravella Amita J. Williams Sharon Wornick Jason Yelder Total: 16 ADOPTED NO. 471 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk Jordan S. Balsom Karen Coleman Donald V. Freedman Christine M. Jewitt Martin E. Mutka Amy L. Ostrowski Benjamin Schiller David L. Schiller TOTAL:8 ADOPTED NO 472 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 10, 2015 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 10, 2015 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, March 10, 2015 at 1:00 o'clock P.M Committee on Legislation. Tuesday, March 10, 2015 at 2:00 o'clock P.M. Special Committees Police Oversight Tuesday, March 10, 2015 at 10:30 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO, 473 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:07 pm