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Home My WebLink About15-0428NO. 9 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 28, 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 REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt - Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE April 28, 2015 * *FINAL ** MAYOR MAYOR - EXECUTIVE 796- 1. Strat Plan- Report of Sale 50 Albert(North) APP 797- 2. Strat Plan- Report of Sale 1493 Delavan East(Lov) APP 798- 3. Strat Plan- Report of Sale 257 Florida(Masten) APP 799- 4. Strat Plan- Report of Sale 58 Goembel(Fill) APP 800- 5. Strat Plan- Report of Sale 99 Guilford(Fill) APP 801- 6. Strat Plan- Report of Sale 109 Prospect(Fill) APP 802- 7. Strat Plan- Report of Sale 19 Rey(Ell) CD 803- 8. Strat Plan- Report of Sale 43 Rich(Fill) APP 804- 9. Strat Plan- Report of Sale 178 Titus(Fill) APP 805- 10. Strat Plan- Report of Sale 67 Weimar(Lov) APP 806- 11. Strat Plan- Report of Sale 31 Wyoming(Masten) CD COMPTROLLER 807- 12. Certificate of Necessity - Bailey Ave Bridge R &F 808- 13. Certificate of Necessity -Land Improvement R &F 809- 14. COB Municipal Disclosure Policy R &F 810- 15. Interfund Loan -South Ogden /Mineral Springs Bridge Rehab APP COUNCIL PRESIDENT 811- 16. Common Council Budget Hearing Schedule COW 812- 17. Common Council Schedule of Budget Workshops COW PUBLIC WORKS 813- 18. Change in Contract - Engine# 3 HVAC Upgrades APP 814- 19. Report of Bids -332 East Utica Rehab Project APP 815- 20. Report of Bids - Engine 21 Glass Block Replacement(Ell) APP 816- 21. Report of Bids -City Wide Site Specific Concrete Replacement APP 817- 22. Report of Bids -WSCC 161 Vermont -Roof Renovations, Mech &Elec APP 818- 23. Re- Reporting of Bids -976 Elmwood -Tango Dancers Restoration(Del) APP 819- 24. Request Permission to Accept Donations to Various City Owned Parks APP 820- 24A Request Permission to Accept Grant From Keep America Beautiful/ Coca Cola Co. Awarded to COB APP 821- 25. Appoint Dispatcher (Perm)(Max)(Huthmacher) CS POLICE 822- 26. Seized Vehicle -2005 Dodge APP 823- 27. Appoint Senior Cell Block Attendant(Prov)(Inter Step 16 of 7)(Stachowski) CS 824- 28. Appoint Senior Cell Block Attendant(Prov)(Step 2 of 5)(Hanrahan) CS 825- 29. Appoint Senior Cell Block Attendant(Prov)(Inter)(Jaskula) CS FIRE 826- 29A Purchase One Command Vehicle /& Scrap Vehicle APP PERMITS AND INSPECTIONS 827- 30. Food Store License(New) -344 Broadway(Ell) LEG 828- 31. Food Store License(New) -445 Massachusetts(Nia) LEG 829- 32. Food Store License(New) -468 Niagara(Ell) LEG 830- 33. Mobile Food Truck -Frank Gourmet Hot Dogs LEG 831- 34. Mobile Food Truck -Ricos Pinchos Place LEG 832- 35. Mobile Food Truck -Just Pizza APP 833- 35A Sidewalk Cafe -338 Ellicott(Ell) APP 834- 35B Sidewalk Cafe -391 Washington(Ell) APP CITY CLERK 835- 36. Board of Ethics Meeting Minutes -March 2015 R &F 836- 37. List of Approved Chicken Licenses as per Ordinance R &F 837- 38. Items Returned by Mayor without Approval /Disapproval(04 /14/2015) R &F 838- 39. Liquor License Applications R &F 839- 40. Leaves of Absence R &F 840- 41. Notices of Appointments - Council Interns ADOPT 841- 42. Notices of Appointments- Mayors Program R &F 842- 43. Notices of Appointment - Seasonal R &F 843- 44. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 844- 45. D. Dailey, Jr.- Birchcrest Tree & Landscape, Inc - Various Vegetative Trimming R &F 845- 46. D. Denison - Concerns 728 Linwood Ave(Ell) CD 846- 46A R. Fontana - Concerns & Response Brinkman St LEG 847- 47. G. Gauthier - Concerns on Brinkman St PKG 848- 48. J. Golombek- Amendment to Dominek Hasek Youth Hockey League Agmt R &F 849- 49. C. Meadows - Concerns Brownfields and Water Lines ENV MNGT 850- 49A D. Smith - Complaints Filed Regarding School Board Governance 56. Fontana Transfer in Funds - Bailey Ave Bridge Policies and Practices BUGET,ED 851- 50. A. Thompson - Municipal Violations FIN,PKG 852- 51. R. Wyatt- Conditions Food Store License 2751 Bailey Ave(Univ) R &F PETITIONS 891- 853- 52. T. Bath, Agent, Use 1116 Elmwood to Create an Outdoor Patio in the City LEG 892- ROW for Existing Restaurant in the Elmwood Ave Business District Support the Disposition of AD Price Courts By BMHA to (Del)(hrg 5/5) LEG,CPBD 854- 53. J. Smith, Agent, Use 3268 Main St to Continue Restaurant Under New 893- 61. Rivera Ownership in the Transit Station Special Zoning District(Univ)(hrg 5/5) LEG,CPBD 855- 54. B. Green, Agent, Use 1455 Fillmore to Place a LED Ground Sign Accessory Waive Fees for Use of Cazenovia Pk for an Event Being Held by To a 1 Story Masonry Church on Private Property(no hrg)(Masten) LEG,CPBD 856- 54A. B. Bernatovicz, Agent, Use 500 Seneca -To Erect Ground Signs on the Lot Of a Multi -Story Mixed -Use Bldg(no hrg)(Fill) LEG,CPBD 857- 55. S. Hodala & O- Oppose Bldg any Structure at 728 Linwood Ave(Ell) CD RESOLUTIONS 887- 55A Fontana Disch Fin CCP# 675, 03/31/15- Transfer of ADOPT TABLE ITEMS Funds City Planning ADOPT D/C APP 888- 56. Fontana Transfer in Funds - Bailey Ave Bridge APP 889- 57. Fontana Transfer in Funds -Land Improvement APP 890- 58. Fontana Waiver of the 2015 Room Use Fees for the Weiss St Block Club APP 891- 59. LoCurto Establishment of a Committee on Mandatory Paid Sick Leave LEG 892- 60. Pridgen Support the Disposition of AD Price Courts By BMHA to BMHA Controlled Entity ADOPT 893- 61. Rivera Appoint Marriage Officer (Rybczynski) ADOPT 894- 62. Scanlon Waive Fees for Use of Cazenovia Pk for an Event Being Held by South Buffalo Football entitled The South Buffalo Car Show and Music Fest APP 895- 62A Scanlon,etc Calling on the Governor, The NYS Assembly & The NYS Senate to Enact the Abandoned Property Neighborhood Relief Act ADOPT 896- 62B Scanlon,etc Create Civil Service Residency Inspector Position ADOPT RES REM TO CS 897- 63. Wyatt Comm of Deeds - Public Duties ADOPT 898- 64. Wyatt Comm of Deeds ADOPT TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 858 -1. 15 -718 Com Apr 14 Appoint Arch itect(Prov)(Step 11)(Swartz)(PW) APP 859 -2. 15 -719 Com Apr 14 Appoint Filtration Plant Operator(Perm) (Step 5)(Denecke)(Schweitzer)(PW) APP 860 -3. 15 -720 Com Apr 14 Appoint Assistant Filtration Operator(Perm)(Machin)(PW) APP 861 -4. 15 -721 Com Apr 14 Appoint Motor Equipment Maintenance Supervisor I (Prov)(Step 5)(Herbert)(PW) APP 862 -5. 15 -722 Com Apr 14 Appoint Pumping Plant Superintendent(Perm)(Step 5)(Martin)(PW) APP 863 -6. 15 -723 Com Apr 14 Appoint Pumping Plant Operator(Perm)(Step 5)(Burgio)(PW) APP 864 -7. 15 -724 Com Apr 14 Appoint Senior Engineer (McMahon)(Temp)(Max)(PW) APP 865 -8. 15 -725 Com Apr 14 Appoint Superintendent of Traffic Signal Systems (Perm)(Step 5)(Pugliese)(PW) APP 866 -9. 15 -729 Com Apr 14 Appoint Assistant Corporation Counsel II(Perm)(Lazarin)(CC) APP 867 -10. 15- 737Com Apr 14 Appoint Director of Person nel(Exempt)(Fabian)(HR) R &F 868 -11. 15- 745Com Apr 14 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 869 -12. 15 -753 No Apr 14 W. O'Connell- Comments Regarding Participatory Budgeting in COB R &F 870 -13. 15 -641 No Mar 31 Request for Approval for Ice Rink Mngt Btwn COB & NB Bison Assoc & COB & Dominik Hasek Youth Hockey League (PW)(15- 211,2/3) (15- 540,3/17)(Bud Bakewell- Riverside Ice Rink Only) APP AS AMENDED COMMUNITY DEVELOPMENT 871 -14. 15- 728Com Apr 14 Abandonment and Sale a Portion of Carroll St and Hydraulic St- ROW to LCo Bldg for Continuity and Tariff Purposes(Hrg 4/28)(CC) APP 872 -15. 15 -752 No Apr 14 J. Mascia -HUD's Public Housing Assessment Sys Mngt Score R &F 873 -16. 15 -756 No Apr 14 R. Wyatt- University District Food Store Renewal Session Outcome_LEG 874 -17. 15 -532 No Mar 17 D. Pridgen -J. Stewart- Homeowners Who Were the First Citizens to Invest In Downtown Buffalo R &F 875 -18. 14- 1375Com June 24 T. Kinsler - Telecomm License Agreement -Fiber Technology Networks_R &F 876 -19. 14 -870 Com Apr 29 Report of Sale 49 Alma(Mas)(Strat Plan) RECOMMIT 877 -20. 12 -42 No Apr 17 NYS Urban Dev Corp- Proposes Erie Canal Harbor Dev Corp to Serve as Lead Agency for Gallagher Beach Sand Sustainability Study R &F 878 -21. 12 -38 No Jan 24 Citizens for a 21 Century Park at the Outer Harbor R &F LEGISLATION 879 -22. 15 -730 Com Apr 14 Food Store License (New) -140 Abbott Rd(Lov)(EDPI) RECOMMIT 880 -23. 15 -757 No Apr 14 K. Yocum, Agent, Use 700 Ellicott to Erect a Ground Sign to the Front on a Lot for the Medical Building (hrg 4/21)(EII) APP 881 -24. 15 -758 No Apr 14 K. James, Owner, Use 927 Kensington to Convert a Church to a Restaurant In the Kensington Bailey Business District(hrg 4 /21)(Mas) APP 882 -25. 15 -759 No Apr 14 C. Warnes, Owner, Use 1894 Clinton- Change of Use of the First Floor to a Take Out Restaurant in the Clinton St Special District (Lov)(hrg 4/21) APP 883 -26. 15- 586Com Mar 31 Expansion of the Linwood Historic District to Include 1524 Main & 1526 -1536 Main(Pres Bd)(EII)(Hrg 04/21) APP 884 -27. 15- 587Com Mar 31 Upper Blackrock Historic Preservation District(Pres Bd)(Hrg 04/21) APP 885 -28. 15 -631 No Mar 31 L. Hall, Agent, Use 399 Ohio to Erect a 5 Story Masonry /Steel Bldg With Commercial Spaces in the Bflo Coastal Special Review District(Fill)(hrg 4/7) APP 886 -29. 15 -632 No Mar 31 F. Lazarus, Agent, Use 433 Ellicott to Attach an LED Non - Accessory Billboard to the Side of a 1 Story Masonry Bldg in the Downtown Overlay District(EII)(hrg CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY APRIL 28, 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 April 14, 2015 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC NO. 796 REPORT OF SALE 50 ALBERT Vacant Lot 150' NW Hunt Lot Size: 30'x 100' Assessed Value: $3,700 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Harry Anderson, 48 Albert, Buffalo, New York 14207 to purchase 50 Albert. Mr. Anderson would like to purchase the lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar Twenty Five Cents ($1.25) per square foot. Mr. Anderson has agreed and is prepared to pay One Dollar and Sixteen Cents ($1.16) per square foot for the parcel for a total of Three Thousand Five Hundred Dollars ($3,500) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 50 Albert for the amount of Three Thousand Five Hundred Dollars ($3,500) to Mr. Anderson. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mr. Harry Anderson of 48 Albert, Buffalo, New York 14207, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 50 Albert be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 797 REPORT OF SALE 1493 DELAVAN EAST Downtown Row Type Structure Lot Size: 63 x 120 Land: $ 7,600 Improvement: $22,400 Total Assessed Valuation: $30,000 Lovejoy District The Office of Strategic Planning, Division of Real Estate, has received a request from Mohammed Salim and MD Didarul Hasan on behalf of INVENT GLOBAL INC, 736 Prospect Avenue, Buffalo, New York to purchase 1493 Delavan East. Mr. Salim and Mr. Hasan have indicated that they will reside on the second floor and either open a small store front on the first floor or rent it out for income purposes. The subject property is a one and two story brick and frame detached row building consisting of approx. 4,300 sq. ft. The property was acquired by the City through In -Rem #41 in October 2007. Mr. Salim and Mr. Hasan have estimated the cost of renovations to be Forty -Two Thousand Nine Hundred Dollars ($42,900) which was reviewed and approved by the Division of Real Estate. Mr. Salim and Mr. Hasan have provided sufficient proof of financial ability to complete the purchase and renovations of said property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Howard Schultz, Appraiser estimated the value of the property to be Fifteen Thousand Dollars ($15,000). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Mr. Salim and Mr. Hasan have agreed and are prepared to pay Fifteen Thousand Dollars ($15,000) on behalf of INVENT GLOBAL INC for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. April 20, 2015 1 am recommending that Your Honorable Body approve the sale of 1493 Delavan East to GLOBAL INVENT INC in the amount of Fifteen Thousand Dollars ($15,000.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mohammed Salim and MD Didarul Hassan, on behalf of Invent Global Inc., 736 Prospect Avenue, Buffalo, New York, in the amount of Fifteen Thousand Dollars ($15,000.00) for the purchase of 1493 Delavan East be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 798 REPORT OF SALE 257 FLORIDA Two Family 1186 E Jefferson Lot Size 33'x 140' Assessed Valuation: $2,400 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Satohiro Nakajima, 9716 Braden Run, Bradenton, Florida 34202 to purchase 257 Florida. Mr. Nakajima will renovate the dwelling for use as income property. He has estimated the cost of renovations to be Forty Four Thousand Five Hundred Dollars ($44,500) that has been reviewed by the Division of Real Estate. Satohiro Nakajima has indicated that Innovative Realty Services, Inc., a local Real Estate Broker and Property Management Company will be maintaining the property for him. Mr. Nakajima has provided proof of financial ability to complete the purchase and repair the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by Troy Realty and Appraisal, Inc. to estimate the fair market value of 257 Florida Street. The Fair Market Value was estimated to be Two Thousand Five Hundred Dollars ($2,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. I am recommending that Your Honorable Body approve the sale of 257 Florida to Mr. Nakajima in the amount of Two Thousand Five Hundred Dollars ($2,500). 1. Mr. Nakajima agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mr. Nakajima agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mr. Satohlro Nakajima of 9716 Braden Run, Bradenton, Florida 34202, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 257 Florida be and hereby is accepted; That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 NO. 799 REPORT OF SALE 58 GOEMBEL Vacant Lot 549 N Walden Lot Size: 29'x 1 01' Assessed Value: $1,300 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Jacqueline D. Thompson, 62 Goembel Street Buffalo, New York 14211 to purchase 58 Goembel. Ms. Thompson would like to purchase the lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to One Dollar Sixty Cents ($1.60) per square foot. Ms. Thompson has agreed and is prepared to pay Sixty Cents ($.60) per square foot for the parcel for a total of One Thousand Eight Hundred Dollars ($1,800) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 58 Goembel for the amount of One Thousand Eight Hundred Dollars ($1,800) to Ms. Thompson. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Ms. Jacqueline D. Thompson of 62 Goembel Street, Buffalo, New York 14211, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 58 Goembel be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 800 REPORT OF SALE 99 GUILFORD Vacant Lot 471 S Sycamore Lot Size 30'x 11 5' Assessed Valuation: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Arif Sarker, 97 Guilford, Buffalo, New York 14212 to purchase 99 Guilford. Mr. Sarker intends to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Mr. Sarker has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Forty Three Cents ($.43) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 99 Guilford to Mr. Sarker in the amount of One Thousand Five Hundred Dollars ($1,500). 1. Mr. Sarker agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mr. Sarker agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mr. Arif Sarker of 97 Guilford, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 99 Guilford be and hereby is accepted; That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 NO. 801 REPORT OF SALE 109 PROSPECT Vacant Lot 25 SE Carolina Lot Size: 45'x 75' Assessed Value: $6,100 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Justin S. Booth, 103 Prospect Ave, Buffalo, New York 14201 to purchase 109 Prospect Street. Mr. Booth would like to purchase the lot for added green space for his adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range for Seventy Cents ($70) to Two Dollars ($2.00) per square foot. Mr. Booth has agreed and is prepared to pay One Dollar Twenty One Cents ($1.21) per square foot for a total of Four Thousand One Hundred Dollars ($4,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 109 Prospect for the amount of Four Thousand One Hundred Dollars ($4,100) to Mr. Justin S. Booth. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mr. Justin S. Booth of 103 Prospect Avenue, Buffalo, New York 14201. in the amount of Four Thousand One Hundred Dollars ($4,100.00) for the purchase of 109 Prospect be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 802 REPORT OF SALE 19 REY Vacant Lot 193' E Mortimer Lot Size: 27'x 59' Assessed Value: $1,000 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Annette Austin, 185 Landon Street, Buffalo, New York 14208 to purchase 19 Rey. Ms. Austin would like to purchase the property to construct a single family home. She has provided proof of financial ability to complete the purchase and project. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of this property on the following conditions: There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to Seventy Five Cents ($75) per square foot. Ms. Austin Has agreed and is prepared to pay Fifty Five Cents ($.55) per square foot for 19 Rey, for a total of One Thousand Five Hundred Dollars ($1,500) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 19 Rey for the amount of One Thousand Five Dollars ($1,500) to Annette Austin. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 803 REPORT OF SALE 43 RICH Vacant Lot 376 N Genesee Lot Size: 30'x 107" Assessed Value: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Rafeja Begum 239 E. Kingbridge, Bronx, New York 110458 to purchase 43 Rich Street. Ms. Begum owns the adjacent property. She would like to purchase the lot for additional greenspace. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($75) per square foot. Ms. Begum has agreed and is prepared to pay Forty Seven Cents ($47) per square foot for a total of One Thousand Five Hundred Dollars ($1,500) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 43 Rich for the amount of One Thousand Five Hundred Dollars ($1,500) to Ms. Begum. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Rafeja Begum of 239 E. Kingsbridge, Bronx, New York 10458, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 43 Rich be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 NO. 804 REPORT OF SALE 178 TITUS Vacant Lot 639 S Sycamore Lot Size 29'x 97' Assessed Valuation: $4,700 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Maria Mondrala, 170Titus Ave, Buffalo, New York 14211 to purchase 178 West Ave. Mrs. Mondrala intends to use the property for additional green space for her adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Ninety Five Cents ($.95) per square foot. Mrs. Mondrala has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Forty Three Cents ($.43) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 178 Titus to Mrs. Mondrala in the amount of One Thousand Two Hundred Dollars ($1,200). 1. Mrs. Mondrala agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mrs. Mondrala agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mrs. Maria Mondrala of 170 Titus, Buffalo, New York 14211, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 178 Titus be and hereby is accepted; That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 805 REPORT OF SALE 67 WEIMAR Vacant Lot 785 S Casimer Lot Size: 30'x 1 00' Assessed Value: $3,800 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gary Freedman and Mrs. Katerina Syntelis- Freedman, 69 Weimar, Buffalo, New York 14206 to purchase 67 Weimar Street. Mr. and Mrs. Freedman would like to purchase the lot for added green space for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. and Mrs. Freedman have agreed and is prepared to pay One Dollar Sixteen Cents ($1.16) per square foot for a total of Three Thousand Five Hundred Dollars ($3,500) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 67 Weimar for the amount of Three Thousand Five Hundred Dollars ($3,500) to Mr. and Mrs. Freedman. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the Same Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated April 20, 2015, be received and filed; That the offer from Mr. Gary Freedman and Mrs. Katerina Syntel is- Freedman, 69 Weimar, Buffalo, New York 14206, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 67 Weimar be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 806 REPORT OF SALE 31 WYOMING Vacant Lot 282' N ferry Lot Size: 30'x 11 8' Assessed Value: $2,400 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Kiet Thanh Do and Be Nam Thi Nguyen, 27 Wyoming, Buffalo, New York 14215 to purchase 31 Wyoming. They would like to purchase the property for additional green space The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of this property on the following conditions: There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to One Dollar Sixty Cents ($1.60) per square foot. Khiet Thanh Do and Be Nam Thi Nguyen have agreed and are prepared to pay Fifty Four Cents ($.54) per square foot for 31 Wyoming, for a total of One Thousand Nine Hundred Dollars ($1,900) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 31 Wyoming for the amount of One Thousand Nine Dollars ($1,900) to Khiet Thanh Do and Be Nam Thi Nguyen. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 807 CERTIFICATE OF NECESSITY - BAILEY AVENUE BRIDGE TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 90,047.79 be transferred and reappropriated as set forth below: 300000106 - 445100 31550006 - 445100 RECEIVED AND FILED From: General City Planning To Bailey Avenue Bridge $90,047.79 $90,047.79 NO. 808 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS LANDIMPROVEMENT We, Byron W. Brown, Mayor and Mark J; F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $200,000 be transferred and reappropriated as set forth below: From: 17303002 - 423002 General City Police & Fire Pension $200,000 To: 16550007 - 471010 Permits & Inspections - Land Improvement $200,000 RECEIVED AND FILED NO. 809 MUNICIPAL DISCLOSURE POLICY Attached is the City of Buffalo's Municipal Disclosure Policy, which is also available on the Investor Relations webpage of the Comptroller's website: http:/ /city - buffalo. com/ Home / Leadership /City - Comptroller /i nvesti n buffalo RECEIVED AND FILED NO. 810 INTERFUND LOAN SOUTH OGDEN MINERAL SPRINGS BRIDGE REHABILITATION As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $53,500 against the 2014 City Capital Improvements Budget for the South Ogden & Mineral Springs Bridge Rehabilitation. The loan of $53,500 will be repaid when Bonds are issued in Fiscal year 2015 -16. from to Account Repayment Date Total General Fund Capital Projects -S Ogden /Mineral 38313056 April 2016 $53,500 Springs Bridge Rehab Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2015 -16 Fiscal Year. The remaining 2013, 2014 and 2015 Capital Budget Projects, which were not funded in the April 2015 Bond sale, that can be interfund loaned and included in the 2015 -2016 debt issue will be limited to $8,571,8211 Currently, there is no City project with an interfund loan outstanding. If this current request is approved, the City will be committed to $53,500' in projects. Requested Approved Balance 2014 Capital Budget $ 22,900,000 Bond /BANs Issued (20,880,000) Authorized Unissued $ 2,020,000 S. Ogden Mineral Springs Bridge Rehabilitation $53,500 2014 Unfunded Projects $53,500 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated April 21, 2015, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $53,500.00 against the City Capital Improvements Budget for the South Ogden and Mineral Springs Bridge Rehabilitation. The loan will be repaid whe Bonds are issued in Fiscal Year 2015 -16. PASSED AYES -9 NOES -0 FROM THE PRESIDENT OF THE COUNCIL NO. 811 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE NOTE: DATES AND TIMES BELOW SUBJECT TO CHANGE FRIDAY MAY 1 2015. TIME DESCRIPTION CHAIRPERSON LOCATION 3:00 pm Special Session (accept Budget) Mr. Pridgen Chambers 3:30 pm Common Council Mr. Fontana Chambers Offices of Council Members and Legislative Staff City Clerk Records Retention MONDAY MAY 4, 2015 10:00 am Mayor and Executive Department Mr. Pridgen Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 11:00 am Dept of Audit Control Mr. Scanlon Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Human Resources Mr. Wyatt Employee Relations Civil Service Compensation and Benefits Management Employment and Training 2:00 pm Dept of Law Mr. Rivera Chambers Administrative Adjudication 2:30 pm Community Services & Recreation Mr. Smith Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training WEDNESDAY MAY 6. 2015 10:00 am Management Information Systems Mr. LoCurto 11:00 am Public Works, Parks, Sts, & Water Mr. Golombek General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Streets, Lighting of Streets, Traffic Engineering, Snow Removal, Labor Pool and Bridges Animal Shelter and Control Parks and Recreation Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund — Water Chambers Chambers Chambers Chambers Chambers 1:30 pm Dept of Police Mr. Pridgen Chambers 2:30 pm Admin, Finance, Policy & Urban Affairs Mr. Rivera Chambers Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Mr. Rivera Chambers Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau THURSDAY MAY 7, 2015 11:00 am Economic Develop Permits & Insp Mr. LoCurto Chambers Housing and Enforcement Licenses and Permits 1:30 pm Dept of Fire Mr. Pridgen Chambers 2:30 pm Dept of Assessment and Taxation Mr. Franczyk Chambers 5:00 pm Public Hearing on the Budget Mr. Pridgen Chambers 6:00 pm Buffalo Board of Education Mr. Smith Chambers NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Hearing. Departments are encouraged to advise the Common Council Legislative Staff office at 716 - 851 -5505 of a department point of contact who will be notified of last minute scheduling changes. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 812 SCHEDULE OF BUDGET WORKSHOPS Enclosed please find the Schedule of City of Buffalo Common Council Committee Meeting -s which are held in Common Council Chambers on the thirteenth floor of City Hall and the Budget Workshops which are held in the Common Council Meeting Room (Room 1417 City Hall) during the period of May 11 through May 15, 2015. The schedule can also be found at the City of Buffalo home page at http://www.city-buffalo.com. The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: Notifying the Legislative Staff Office at 716- 851 -5505 of a Department point -of- contact who can be notified of last- minute scheduling changes; Arriving promptly at the scheduled meeting time; Adhering to the rules of order as prescribed by the Council Chairperson; Ensuring that Department representatives are knowledgeable of budgetary matters and prepared to address questions raised by those in attendance; Assembling the documents and information listed by enclosure; Departments filing the information required by enclosure with the Common Council Staff Office (Attn: Budget Committee) no less than twenty -four (24) hours PRIOR to the Department's budget hearing meeting time to comply with the Council Transparency initiatives. If you have any questions regarding the above, please call 851 -5505 Attn: Budget Committee Staff. MONDAY May 11, 2015 9:00 am Dept of Mayor and Executive Mr. Smith Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 10:30 am Dept of Audit Control Mr. Smith Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Assessment and Taxation Mr. Smith 2:00 pm CAUCUS 2:30 pm Dept of Law Mr. Smith Administrative Adjudication 3:00 pm Common Council and City Clerk Mr. Smith 3:30 pm Management Information Systems Mr. Smith WEDNESDAY May 13, 2015 9:00 am Public Works, Parks, Streets and Water Mr. Smith General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Recreation Streets, Lighting of Streets, Traffic Engineering, Streets Cleaning and Snow Removal, Labor Pool and Bridges Animal Shelter and Control Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund - Water 10:30 am Community Services & Mr. Smith Recreation Programming Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training 1:30 pm Economic Dev, Permits & Inspections Mr. Smith Housing and Enforcement Licenses and Permits 2:30 pm Admin, Finance, Policy & Urban Affairs Mr. Smith Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau 3:30 pm Dept of Human Resources Mr. Smith Employee Relations Civil Service Compensation and Benefits Management Employment and Training FRIDAY May 15, 2015 9:00 am Dept of Police 10:30 am Dept of Fire Mr. Smith Mr. Smith 1:30 pm All City of Buffalo Union Representatives Mr. Smith Police Benevolent Association (Police) Local 650 (City -wide White Collar Unit) Local 282 (Fire) Local 264 and 264T (City -wide Blue Collar Unit) Local 2651 (Building Inspectors) Local 17 (Operating Engineers) Crossing Guards NOTE: Buffalo Board of Education Budget Workshop — Date and Time - Will be announced at a later date NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Workshop. Departments are encouraged to advise the Common Council Leaislative Staff office at 716- 851 -5105 of a department point of contact who will be notified of last minute scheduling changes. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 813 CHANGE IN CONTRACT ENGINE #3 HVAC UPGRADES JOB #1402 FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for Engine #3, HVAC Upgrades, MLP Plumbing & Mechanical, Inc, C #93001419. 1. Prepare Outside Air Louver for new air plenum; remove obstruction, Add $573.00 and reassemble. The foregoing changes result in a net increase in the contract of Five hundred Seventy Three and 00/100 Dollars ($573.00). Summary Original Contract Amount $127,000.00 Amount of Previous Change Orders $ 0.00 Amount of this Change Order $ 573.00 Revised Contract Amount $127,573.00 Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 35323206 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated April 22, 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 $573.00 (Contract Amount $127,000.00 + Change Order $573.00 for a Revised Contract Amount of $127,573.00) for Engine #3 HVAC Upgrades, to MLP Plumbing & Mechanical, Inc., C #93001419. Funds for this work will be available in Account #35323206 - 445100 Buildings. PASSED AYES 9 NOES -0 NO. 814 REPORT OF BIDS 332 EAST UTICA REHABILITATION PROJECT PUBLIC IMPROVEMENTS PROJECT# 37 -50202 CDBG I advertised for bids on April 6, 2015 and received the following formal bids for the 332 East Utica Rehabilitation Project, which, were publicly opened and read on April 20, 2015: BASE BI]) ALT. #1 ALT. #2 Nitcher Construction Inc $274,000.00 $15,000.00 $ 8,000.00 Miller Enterprizes Inc $307,700.00 $ 7,200.00 $10,700.00 Hadala $474,000.00 $ 9,000.00 $10,700.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Nitcher Construction, Inc. is the lowest responsible bidder in accordance with the plans and specifications with a base bid of $274,000.00, Add Alt. No. 1 for $15,000.00, Add Air. No. 2 for $8,000.00, plus 10% Contingency of $29,700.00 for a total of Three Hundred Twenty Six Thousand Seven Hundred Dollars and 00/100 ($327,700.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available account number CG9133037- 470000. 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 April 22, 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 332 East Utica Rehabilitation Project, with Nitcher Construction Inc., with a total bid of $327,700.00 (Base Bid of $274,000.00 + Alt. No. 1 for $15,000.00 + Alt. No. 2 for $8,000.00 + 10% Contingency of $29,700.00 for a Total Bid of $327,700.00). Funding for this project is available in Account #CG9B3037- 470000. PASSED AYES — 9 NOES - 0 NO. 815 REPORT OF BIDS ENGINE 21 GLASS BLOCK REPLACEMENT 1229 JEFFERSON AVE. & KINGSLEY JOB #1438 ELLICOTT DISTRICT I requested on April 10, 2015 and received the following bids for the Engine 21 Glass Block Replacement, which, were read on April 21, 2015. Base Bid MILLER ENTERPRISES INC $161,400.00 NICHTER CONSTRUCTION INC $217,000.00 'NORTHERN DREAMS CONSTRUCTION INC $247,000.00 'Deemed Non - Responsive due to no Affirmative Action Statement. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Construction, Inc. is the lowest responsible bidder in accordance with the plans and specifications for a total of One Hundred Sixty One Thousand Four Hundred Dollars and 00/100 ($161,400.00), plus a 10% contingency of $16,140.00 for a grand total of $177,540.00. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in Account #'s 35323206 - 445100 and 38320316- 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 21, 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 Engine 21 Glass Block Replacement, with Miller Construction, Inc., with a total bid of $177,540.00 (Base Bid of $161,400 + 10% Contingency of $16,140.00 for a Total Bid of $177,540.00). Funding for this project is available in Accounts #35323206 - 445100 and 38320316- 445100 Buildings. PASSED AYES - 9 NOES- 0 NO. 816 REPORT OF BIDS - CITY -WIDE SITE SPECIFIC CONCRETE REPLACEMENT, 2015 - GROUP 823 (DPW) In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase P &J Construction Co, Inc $1,071,575.00 $1,178,732.50 709 Pleasant View Drive Lancaster, NY 14086 Campobello Construction Co Inc $1,111,100.00 $1,222,210.00 23 Stratford Rd Buffalo, NY 14216 CVF Inc $1,125,450.00' $1,237,995.00' 100 Burkhardt Ave Depew,NY 14222043 1 hereby Certify that the low bidder for the above project in P &J Construction Co Inc I respectfully recommend a contract award in the amount of $1,178,732.50 ($1,071,575.00) -Base Bid +$107,157.50 -10% unit price increase =$1,1 78,732.50- Total Contract Amount). Funds for this contract are available in #37315506 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $900,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 6, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 22, 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 City -wide Site Specific Concrete Replacement, with P &J Construction Co., Inc., with a total bid of $1,178,732.50 (Base Bid of $1,071,575.00 + 10% unit price increase of $107,157.50 for a Total Bid of $1,178,732.50). Funds for this contract are available in Account #37315506 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 817 REPORT OF BIDS WEST SIDE COMMUNITY CENTER 161 VERMONT ST ROOF RENOVATION, MECHANICAL & ELECTRICAL RECONSTRUCTION JOB# 1432 NIAGARA ST I sent out a Proposal Request on March 20 2015 and received Formal Bids for the Roof Renovations, Mechanical and Electrical Reconstruction project for West Side Community Center on April 6 th 2015. Contractor Base Bid 'Jos. A. Sanders & Sons, Inc. $160,209.00 Grove Roofing Services, Inc. $233,000.00 Progressive Roofing, Inc. $274,300.00 Jameson Roofing Co, Inc. No Bid Weaver Metal & Roofing, Inc. No Bid 'Jos. A. Sanders & Sons, Inc. withdrew their bid because they misinterpreted the scope of work. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, Inc., with a base bid of $233,000.00, plus a contingency of $2,330.00 for a total bid price of Two Hundred Thirty Five Thousand, Three Hundred Thirty & 00/100 Dollars ($235,330.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in accounts #34323306 - 445100, #34323406 - 445100, and #34323506 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 22, 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 Roof Renovations, Mechanical and Electrical Reconstruction Project for the West Side Community Center, with Grove Roofing Services, Inc., with a total bid of $235,330.00 (Base Bid of $233,000.00 + contingency of $2,233.00 for a Total Bid of $235,330.00). Funding for this project is available in Accounts #34323306 - 445100, 34323406 - 445100 and 34323506 - 445100. PASSED AYES -9 NOES -0 NO. 818 RE- REPORTING OF BIDS 976 ELMWOOD AVE TANGO DANCERS RESTORATION JOB# 1502 DELAWARE DISTRICT ITEM #609 OF CCP 3/31/15 1 sent out an Informal Proposal Request on February 12 2015 and received Informal Bids for the Tango Dancers Restoration projeet on February 27 2015. Contractor Base Bid 'Custom Sign Company $19,200.00 N.A.S. Sign Company $33,850.00 Exclusively Neon & Signs $120,000.00 'Custom Sign Company has withdrawn their bid based on their inability to obtain the proper funding. I hereby certify that the foregoing is a true and correct statement of all bids received and that N.A.S. Sign Company, with a base bid of $33,850.00, plus a contingency of $1,000.00 for a total bid price of Thirty Four Thousand, Eight Hundred Fifty & 00/100 Dollars ($34,850), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #36403606- 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 22, 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 Tango Dancers Restoration, with N.A.S. Sign Company, with a total bid of $34,850.00 (Base Bid of $33,850.00 + contingency of $1,000.00 for a Total Bid of $34,850.00). Funding for this project is available in Account #36403606- 445100. PASSED AYES -9 NOES -0 NO. 819 REQUEST PERMISSION TO ACCEPT DONATIONS TO VARIOUS CITY OWNED PARK FACILITIES Permission is hereby requested from Your Honorable Body to accept donation of materials and installation services as noted below: Organization Amount Description Hertel -North Park Youth Baseball $6,608 LED Scoreboard for Shoshone Park Diamond #2 Hasek's Heroes $44,000 Sportscourt (17,000 sq ft) indoor turf surface for Cazenovia Rink (summer use) 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 April 22, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of materials and installation services as noted below: Organization Amount Description Hertel -North Park Youth Baseball $6,608 LED Scoreboard for Shoshone Park Diamond #2 Hasek's Heroes $44,000 Sportscourt (17,000 sq ft) indoor turf surface for Cazenovia Rink (summer use) PASSED AYES -9 NOES -0 NO. 820 REQUEST PERMISSION TO ACCEPT GRANT FROM KEEP AMERICA BEAUTIFUL /COCA COLA COMPANY AWARDED TO CITY OF BUFFALO Permission is hereby requested from Your Honorable Body to accept the following grant awarded to the City of Buffalo and to be administered by the Department of Public Works, Parks & Streets for use at City of Buffalo Special Events. Grant Name Description Keep America Beautiful /Coca Cola Bin Grant 50 wire frame clear stream recycling containers 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 April 24, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a grant from Keep America Beautiful /Coca Cola Bin Grant for 50 wire frame clear stream recycling containers awarded to the City of Buffalo and to be administered by the Department of Public Works, Parks and Streets for use at City of Buffalo Special Events. PASSED AYES -9 NOES -0 NO. 821 APPOINT DISPATCHER (PERM)(MAX)(HUTHMACHER) Appointment effective 01 /12/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Dispatcher, Permanent at the Maximum Salary of $40306 Thomas M. Huthmacher, 88 Kentucky St, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 822 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S. Marshal's Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 2005 Dodge, it must be assigned for a law enforcement purpose as mandated through the Drug Asset Forfeiture guide book, will be utilized in future police department operations, Will not be used as a take home vehicle and an older, high mileage vehicle will be removed from the Police fleet. The particular vehicle to be removed will be determined at a later date and will be placed in the next Police vehicle auction. The total funds to be spent to cover the fees will be $1,392.45. If you have any questions, please contact me at 851 -4571. That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated April 14, 2015, be received and filed; and That the Common Council hereby authorizes the Buffalo Police Department to utilize current drag asset forfeiture funds to cover administrative /seizure fees to the U.S. Marshal's Office for a 2005 Dodge, which was seized by the Buffalo Police Department. The vehicle must be assigned for a law enforcement purpose as mandated through the Drug Asset Forfeiture Guide Book, will be utilized in future police department operations, will not be used as a take -home vehicle, and an older, high mileage vehicle will be removed from the police fleet. The total funds to be spent to cover the fees will be $1,395.45. PASSED AYES — 9 NOES — 0 NO. 823 APPOINT SNIOR CELL BLOCK ATTENDANT (PROV)(INTER)(STACHOWSKI) Appointment effective 04/13/2015 in the Department of Police, Division of Administration and Communication to the Position of Senior Cell Block Attendant, Provisional at the intermediate salary of $ 33,608 Jessie Stachowski, 182 Willett Street apt 1, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 824 APPOINT SNIOR CELL BLOCK ATTENDANT (PROV)(INTER)(HANRAHAN) Appointment effective 04/13/2015 in the Department of Police, Division of Administration and Communication to the Position of Senior Cell Block Attendant, Provisional at the 2 nd step of 5 salary of $ 36,465 Margaret Hanrahan, 272 Baraga St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 825 APPOINT SNIOR CELL BLOCK ATTENDANT (PROV)(INTER)(STACHOWSKI) Appointment effective 04/13/2015 in the Department of Police, Division of Administration and Communication to the Position of Senior Cell Block Attendant, Provisional at the intermediate salary of $ 27,673 Matthew Jaskula, 53 Susan Lane, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 826 PURCHASE ONE (1) COMMAND VEHICLE We are requesting approval to purchase one (1) 24/7 command vehicle for the Buffalo Fire Department. Funds are available to purchase this vehicle through our 12136007 474200 account. Additionally, we are requesting approval to auction /scrap F -056, a 2000 Chevy Suburban that is badly rotted and has almost 200,000 miles. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated April 23, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Buffalo Fire Department to purchase one (1) 24/7 command vehicle for the Buffalo Fire Department: Funds are available in Account #12136007 474200; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to auction /scrap a 2000 Chevy Suburban, F -056, that been determined to be no longer of use or not road worthy. PASSED AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 827 FOOD STORE (NEW) 344 BROADWAY (ELLICOTT) 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 344 BROADWAY (SALEM ALSALAHU SALEMS & SONS 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. 828 FOOD STORE (NEW) 445 MASSACHUSETTS (NIAGARA) 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 445 MASSACITISSETTS (ABDULLA AL RYASHI /CORNER STOP) 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. 829 FOOD STORE (NEW) 468 NIAGARA (ELLICOTT) 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 468 NIAGARA (ENOCK RUSHIKANA/ /SUNSHINE 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. 830 MOBILE FOOD TRUCK -FRANK GOURMET HOT DOGS Frank Gourmet Hot Dogs 45 Welwyn Cr. Buffalo NY 14223 (new application) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by Frank Tripi @ Frank Gourmet Hot Dogs, attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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. 831 MOBILE FOOD TRUCK -RICOS PINCHOS PLACE 157 15 St Buffalo NY 14213 (New Application) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by Alicea Sarahi / Hector Carrasqullo @ Ricos Pinchos Place, attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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. 832 MOBILE FOOD TRUCK -JUST PIZZA 5914 Monaghan Lane Clarence, NY 14032 Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by RUDOLPH ALLOY@ JUST PIZZA & WING CO., attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application 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 above communication from the Commissioner of the Department of Permits and Inspection Services, dated January 15, 2015, be received and filed; and That the pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Rudolph Alloy of 5914 Monaghan Lane, Clarence, New York 14032 d /b /a Just Pizza & Wing Co. is hereby approved. PASSED AYES 9, NOES 0 NO. 833 SIDEWALK CAFE 338 ELLICOTT(ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 338 Ellicott ( Tappo) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 338 Ellicott. 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 April 24, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Rocco Termini, d /b /a Tappo, for a Sidewalk Cafe License located at 338 Ellicott. PASSED AYES 9, NOES 0 NO. 834 SIDEWALK CAFE 391 WASHINGTON (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 391 Washington (Mike A's) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 391 Washington. 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 April 24, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Rocco Termini, d /b /a Mike A's, for a Sidewalk Cafe License located at 391 Washington. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 835 BOARD OF ETHICS MEETING MINUTES -MARCH 2015 Minutes Tuesday, March 10, 2015 Members in Attendance: Douglas Coppola (remote via telephone), Gerald Chwalinski, Eleanor Paterson, James Magavern, Richard Sullivan, Cavette Chambers. Guest: Mary H. Baldwin Excused: Elizabeth Harned Quorum New Business: 1) Transactional Disclosure was submitted by Citizen Services Director Oswaldo Mestre Jr. He attended the Executive Customer Contact Exchange Conference 10/14/14 - 10/15/14 in Miami, FL. Director Mestre Jr. submitted additional information on 1/26/15 regarding his travel. Received and flied. 2) Director Mestre Jr. submitted travel related details and expenses regarding the Cities of Services Coalition Internal meeting from 2/17/15 - 2/20/15 in Orlando, FL. The Conference paid for it; no cost to the City. Received and filed. 3) Daniel Connors, Electrical Engineer /Project Manager for Public Works requested BOE approval before his upcoming NASFA Webinar in Grand Island. Since it was an unpaid webinar appearance, it was not necessary to file. Received and filed. 4) 2015 Financial Disclosures: 100% of City employees have submitted them; 12 Board Members still need to submit one. Deadline was extended to 3/31 /15 by BOE. Board members to be sent the "Failure to File" letter and "cc" Mayor Brown and the respective Board heads. Old Business: 1. Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Tim Ball is reviewing the draft. Approval of the December 2, 2014 minutes. Received and filed. Next meeting is scheduled for Tuesday, April 21, 2015. RECEIVED AND FILED NO. 836 LIST OF APPROVED CHICKEN LICENSES AS PER ORDINANCE Dear Council Members: As per the Chicken License Ordinance, enclosed please find &e list of approved licenses with the required information for each applicant Should you have questions and /or concerns pertaining to this matter, do not hesitate to contact me at 851 -5434. Respectfully. Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 837 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL (04/14/2015) 1 hereby inform you that the following Item which was passed by the Common Council on April 14, 2015 Was presented to the Mayor on April 18, 2015, and returned to the City Clerk on April 23, 2015 without approval or disapproval No. 780 Waive Permit Fees for the Dolphin Dash in Delaware Park No. 786 Waiver of Fees for PS 212 Leonardo Da Vinci Picnic No. 787 Waiver of Fees for Seneca Nation Bflo Resource Center Summer Camp No. 788 Waive Park Rental and Event Fees for Parade of Circles No. 790 Waive Band Shell Fee For Taking it to the Streets No. 791 Waive Park Rental for Various Events We presented to the Mayor on April 18, 2015, and returned to the City Clerk on April 23, 2015 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 838 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 512 Pearl St Forbes Theatre Gina Gandolfe -Lopez 242 Allen St Allen Street Poutine Jacob Fraser 1038 Smith Nate's Place Nathaniel Wielban 2126 Seneca D -Birds Tracy Amanti 2 Russell Ave Parkside Meadow Rest Nancy Abramo 220 Grant St Sweetness 7 Cafe Patricia Mora RECEIVED AND FILED NO. 839 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Jonathan Bierl RECEIVED AND FILED NO. 840 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 April 27, 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/hr Dawn Mack, 215 Military Rd, Buffalo 14207 NO. 841 APPOINTMENTS - MAYO'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment effective April 15, 2015 in the Department of Mayor Division of Mayor to the Position of Intern IX Unclassified Non - Competitive flat starting salary of $12.85/hr Roxanne D. Roland, 74 Rose Street, Buffalo 14204 NO. 842 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment effective April 13, 2015 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer 11 seasonal Non - Competitive flat starting salary of $12.85/hr Elijah Bogan, 174 Butler Avenue, Buffalo 14208 NO. 843 APPOINTMENTS — TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointment 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 April 14, 2015 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Provisional Open- Competitive Minimum starting salary of $24,184 William Brooks, 40 Decker St., Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective April 27, 2015 in the Department of Public Works, Parks & Streets Division of Water to the Position of Caulker Permanent Non - Competitive Minimum starting salary of $37,953 Andrew Berdych, 36 Howell St., Buffalo 14207 Jason Sobocinski, 348 Gould St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective April 15, 2015 in the Department of Police Division of Traffic to the Position of Civilian School Crossing Guard Permanent Non - Competitive Minimum starting salary of $11.22 Marla E. Diez, 2232 Kenmore Avenue, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment effective April 09, 2015 in the Department of Parking Division of Parking Meters & Enforcement to the Position of Parking Meter Mechanic Provisional Open- Competitive Minimum starting salary of $27,089 David M. McNamara, 173 Orlando St., Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective April 21, 2015 in the Department of Parking Division of Parking Meters & Enforcement to the Position of Parking Meter Mechanic Provisional Open- Competitive Minimum starting salary of $23,908 Nicholas Schaefer, 156 Folger St, Buffalo 14220 CERTIFICATE of Appointment Appointment effective April 13, 2015 in the Department of Audit and Control Division of Audit to the Position of Principal Auditor Provisional Open - Competitive Minimum starting salary of $60,425 Pamela Tyler - Swygert, 201 Ora Wrighter Drive, Buffalo 14204 CERTIFICATE OF APPOINTMENT Appointment effective April 20, 2015 in the Department of Audit and Control Division of Audit to the Position of Internal Audit Administrator Provisional Open- Competitive Minimum starting salary of $60,425 Sam Bruno, 110 Tulane Road, Tonawanda 14217 CERTIFICATE OF APPOINTMENT Appointment effective April 20, 2015 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Temporary Open- Competitive Minimum starting salary of $37,419 Rochelle Clemons, 870 Humboldt Parkway, Buffalo 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 844 D. DAILEY, JR.- BIRCHCREST TREE & LANDSCAPE, INC- VARIOUS VEGETATIVE TRIMMING To Whom It May Concern: This notice is to inform you that Birchcrest Tree & Landscape, Inc., under contract of the New York State Department of Transportation, will be performing various vegetative trimming along NYS right -of -ways within your municipality in the near future. No further action is required on your part. It is simply our intention to make you aware of our upcoming presence in your area. Should you have any questions or concerns, please call our office at the telephone number listed below. Thank you, David B. Dailey, Jr. President Birchcrest Tree & Landscape, Inc. RECEIVED AND FILED NO. 845 D. DENISON- CONCERNS 728 LINWOOD AVE(ELL) Dear Councilman Pridgen, I am writing to express concern regarding the proposal for a building permit on 728 Linwood Ave. My husband and I recently purchased the adjacent property on 915 W. Delavan and the gentleman who completed the house inspection cautioned that any development could jeopardize the integrity of the foundation. I am especially concerned, as the property in question is extremely small and fails to meet the building code requirement. As a result, the proposed building would come very close to the foundational walls of my house. Thank you for your time and consideration in this matter - your service to the Buffalo community is very appreciated. Best Regards, Dea R. Denison REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 846 R. FONTANA- CONCERNS & RESPONSE BRINKMAN ST Greg & Rosa, I forwarded the reports of continued garbage, illegal parking & and suspected "piggybacking" of electricity at 235/237 Brinkman to Jovino. He called the office today and said that he thinks the best course of action is to evict the entire building and start fresh with new tenants. He asked if the block club would be able to recommend tenants to him, in a win /win situation; he gets reliable tenants, and you guys have control over who your new neighbors will be. If possible please let me know of any names you can send to Jovino as potential tenants for 235/237 Brinkman St. If you need more information about the property let me know and I'll put him in contact with you or I can give you the number he provided me. In the meantime, Jovino said that he will visit the property regarding the complaints mentioned above. Thanks for your help. Thomas J. Olejniczak Legislative Assistant REFERRED TO THE COMMITTEE ON LEGISLATION NO. 847 G. GAUTHIER- CONCERNS ON BRINKMAN Dear Timothy A. Ball: I am representing a concerned group of citizens called "The Residents of Brinkman ". I am also the President of the Brinkman / Sumner / Scheu Block Club, and working with Larry Blakely who is the Bailey /Brinkman Block Club President. We recently had some new tenants move into 235 Brinkman. These tenants do not follow any of the parking regulations that are posted for our street. They constantly park illegally to include right side wrong way, wrong side right way, and wrong side wrong way. These actions are causing traffic flow issues making it hard for other vehicles, school buses, and First Responder vehicles to navigate down our street. They also park on a City owned vacant lot located at 231 Brinkman (parking on unpaved surface). The above residents of the stated address, and those who come to visit are now starting to drive backwards down the street. One of the vehicles is a large green pickup truck with tag # GUB 2620, There are many small children that live on Brinkman who have to walk in the street due to many sidewalks never being shoveled. Our main concern is that the operators of these vehicles, going backwards, may not see the children and run them over, seriously injuring or possibly killing them, We have made many 311 complaints concerning the actions. All of the replies to our complaints have returned with the statement "C District has been notified and patrol requested for the area ". We have an issue with that statement because our Police are rarely seen patrolling, and when they do and see violations, they drive by like nothing is going on. We have been contacting the office of Lovejoy Councilmember Richard Fontana for assistance in this matter, but we have gotten very little to no help. The owner of record for this property is: Colonel Enterprises LLC, with an address of 201 Voorhees, Buffalo, New York 14214. The property is being managed by Jovino Morales. He maintains an office at 2344 Seneca Street in Buffalo, New York. Office Phone # 716 - 823 -0634, Cell # 716 -715- 5210. We are now notifying the City of Buffalo and all agencies involved that if any person becomes injured in any way or killed, this will also include any property damage caused, we will testify against the City of Buffalo in Court for being negligent. We would request a reply to these matters. Sincerely, Gregory A. Gauthier REFERRED TO THEIR COMMISSIONER OF PARKING NO. 848 J. GOLOMBEK- AMENDMENT TO DOMINEK HASEK YOUTH HOCKEY LEAGUE AGMT AGREEMENT BETWEEN CITY OF BUFFALO (THROUGH ITS DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS) AND DOMINIK HASEK YOUTH HOCKEY LEAGUE, INC. FOR ICE RINK MANAGEMENT SERVICES AT BUD BAKEWELL (RIVERSIDE) ICE RINK AND TIMOTHY J. BURVID (CAZENOVIA) ICE RINK THIS AGREEMENT, hereinafter "AGREEMENT" is made and entered into as of the -- day of May, 2015 by and between the CITY OF BUFFALO, a municipal corporation organized under the laws of the State of New York with offices located at 65 Niagara Square, Room 502 City Hall, Buffalo, New York, 14202, hereinafter referred to as the "City ", and Dominik Hasek Youth Hockey League, Inc, a New York corporation with offices located at 2607 Niagara Street, Buffalo New York 14207, hereinafter referred to as the "Operator ". WHEREAS, the City issued a request for proposals soliciting proposals for indoor ice rink operator functions at Bud Bakewell ( "Riverside ") and Timothy J. Burvid ( "Cazenovia') Rinks (the "Operations "); and WHEREAS, the Operator has been selected by the City to undertake and perform the Operations; WHEREAS, the City and the Operator now wish to enter into an agreement pursuant to which the Operat9r will fully undertake and perform the Operations. NOW THEREFORE, the parties hereto agree as follows: 1. A copy of the request for proposals (the "RFP') is attached hereto and made a part hereof as Exhibit A. 2. The Operator's proposal ( "Operator's Proposal ") is attached hereto and made a part hereof as Exhibit B. 3. The indemnity and insurance provisions (the "Indemnity and Insurance Provisions ") are set forth in Exhibit C attached hereto and made a part hereof. 4. Attached hereto and made a part hereof as Exhibit D are provisions relating to the Living Wage Ordinance. Operator's operations and employees are covered by the Living Wage Ordinance. Operator is obligated to fully familiarize itself with the Living Wage Ordinance, including but not limited to, all updates. 5. The terms, provisions and conditions set forth in this Agreement, the RFP, the Operator's Proposal, the Indemnity and Insurance Provisions and the Living Wage Ordinance shall constitute the terms, provisions and conditions of the agreement between the City and the Operator. 6. In the case of any and all inconsistencies between the terms and provisions of this Agreement, the terms and provisions of the RFP, the terms and provisions of the Operator's Proposal, the terms and provisions of this Agreement (including also the terms and provisions of Exhibit C and Exhibit D the Living Wage Ordinance) shall control. 7. The City shall have the fight to unilaterally terminate this Agreement at any time with or without cause (the "City's Termination Provision "). Subject to the City's Termination Provision, the term of this Agreement is for five (5) consecutive years commencing as of the U day of August, 2015, with an option to extend for one (1) additional consecutive five (5) year period upon mutual agreement of both the City and the Operator. 8. Reference is also made to the "Audit" section in Exhibit A - RFP that a separate accounting of ice rink operations shall be maintained by Operator, which shall be subject to annual audit by City. Required information shall be submitted by Operator to City as requested by City's Division of Audit and Control. 9. Any proposed Operator driven operational changes and /or any proposed Operator driven changes to indoor ice rink operations shall be subject to approval by the City DPW Commissioner and, if applicable, the formal approval of the Common Council of the City of Buffalo before any effectuation thereof is undertaken. 10. All signage proposed by the Operator must be approved by the City DPW Commissioner prior to installation. 11. No naming rights for any component of the City -owned facilities are being conferred upon the Operator pursuant to this Agreement. City reserves all naming rights to the City. 12. Operator is not permitted to assign, sublet and or subcontract any operational functions, repairs, facility improvements and or other functions, in full or in part, without the prior written consent of the City, such consent to be given, conditioned and /or denied in the sole discretion of the City's Department of Public Works, Parks & Streets Commissioner. 13. The resident youth hockey league for the Riverside facility and Cazenovia facility respectively shall each be offered and provided with similar hours of rink use as in previous years. 14. The Operator shall provide a detailed janitorial operations plan that is directly focused on the variable conditions based on use and foot traffic for the lobby, bathrooms and locker rooms at each facility, to be submitted to the City for review. 15. The resident youth hockey league at each facility will retain use of the storage room as used in previous years. 16. Operator shall coordinate outreach among the resident youth hockey leagues, Buffalo Public Schools, and other local neighborhood resources to promote public skating, rink programming and overall community awareness of rink use opportunities at each facility. RECEIVED AND FILED NO. 849 C. MEADOWS- CONCERNS BROWNFIELDS AND WATER LINES I am requesting to be put on the calendar to speak at the next council meeting to speak on brownfields and water lines Thank you, Carolette Meadows REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 850 D. SMITH - COMPLAINTS FILED REGARDING SCHOOL BOARD GOVERNANCE POLICIES AND PRACTICES Dear Mr. Ball: Enclosed are complaints filed with the New York State Education Department, The United States Department of Education and the United States Justice Department regarding School Board governance policies and practices that are out of compliance with the Equal Protection Clause of the 14 Amendment and New York State Education Law, Article 7, Section 310. These complaints allege the policies and procedures of the Buffalo Board of Education have caused disparate treatment among similar situated electors. I ask for a legal opinion from the Corporation Counsel on behalf of the citizens of the City of Buffalo who may have received disparate treatment on this matter and secondly, if the complaint is true does the City have the obligation to continue to allocate over half of property taxes collected by the residents, among those who have received disparate treatment, under an alleged illegal governance structure? Please provide a reply prior to the May 13, 2015 Board of Education Budget Hearing. Thank you for your attention to this matter. If there are any questions, comments or concerns please do not hesitate to contact me directly. REFERRED TO THE - COMMITTEES ON BUDGET AND EDUCATION NO. 851 A. THOMPSON- MUNICIPAL VIOLATIONS Our city and possibly our state may be flawed in the way we handle municipal violations. Currently if a person doesn't have enough money to pay a fine immediately, tickets can wreak your life. The truth is many people are being caught in a cycle of endless debt. If someone were to lets say get a ticket for parking on the wrong side of the street and were unable to pay the full amount in only a few days the ticket will double. And lets say that same person pleaded not guilty and had a hearing at City Hall and his or her ticket(s) were reduced back to the original amount or found guilty and had to pay the full amount you would have a small grace period to pay the full judgment, and if you were still unable to pay the judgment amount in full during the grace period your fine would go back to being doubled. Now the story gets especially interesting if your car gets towed. If the City tows your car, in Buffalo you first have to pay every ticket on every car registered in the driver's name. So if a mother has 3 cars registered under her name, one belonging to her the other 2 belonging to her children if her daughter was unable to pay the ticket everyone's registration (possibly licenses] could become suspended and thus added to the debt. Now if you are fortunate enough to be able to pay your tickets you than have to pay a tow fee along with any suspension and then hopefully the situation is over. But if you are not able to pay the full balance right then and there or within the same business day you're basically screwed, - because everyday that you don't pay (once again) the balance in full, you have to pay storage fees for the impound which is $30 per day and because the City is closed on Saturdays and Sundays its an automatic $60 per weekend. And the cycle of additional fees will continue until you are able to pay again the FULL balance in the same business clay. The problems with our current system is that there is no support for our most vulnerable citizens, because for a person who may be economically established a ticket may be as simple as just paying the fine but for a person that may have a low income or might be living paycheck to paycheck, a paying violation can possibly be a ultimatum between food or debt. Furthermore I would like to be clear, no one is saying that if someone breaks the law that they should not be punished. This is not about being soft on crime. "If someone breaks the rules of society, they need to be punished, but, if the punishment is based on a fine, it has to be based on the person's ability to pay. If they don't have the ability to pay they can pick up trash on the streets, or they can do community service." This is a popular idea that most might agree with because "not only should municipalities not be balancing their books on the backs of some their most vulnerable citizens, but we cannot have a system where committing a minor violation can end up putting you in an impossible situation to get out of." As a native of the City of Buffalo, which is such a great American city, we have to act and say that this system should and cannot justly exist in our government. That when someone makes a mistake that person should have to pay a price, but that price should reasonable and our government should not be profiting from someone's inability to pay. So conclusively in our current system in the City of Buffalo or at least in the City's Parking Violations Bureau there is: NO payment plans Does Not address one's economic ability Can receive the same ticket for the same reason every 61 minutes Short grace period Reoccurring Fees such as storage (currently $30 /day $60iweekend) No alternative redress for violations besides monetary fines. REFERRED TO THE COMMITTEE ON FINANCE NO. 852 R. WYATT- CONDITIONS FOOD STORE LICENSE 2751 BAILEY AVE(UNIV) 2015 UNIVERSITY DISTRICT FOOD STORE LICENCES CONDITIONS MUST HAVE WORKING SECURITY CAMERAS INSIDE AND OUTSIDE OF STORE. STORE SURVEILLANCE SYSTEM TO BE REGISTERED WITH THE BUFFALO POLICE DEPARTMENT, TAPES ARE TO BE MADE AVAILABLE UPON REQUEST TO THE AUTHORITIES AND HAVE THE CAPABILITY OF SAVING VIDEO FOR THIRTY DAYS. -NO SPRAY PAINTED, HAND PAINTED OR AIR BRUSHED SIGNAGE OP, GRAPHICS ON /3UII.DING DONE AND APPROVED BY CITY- -NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING (LOTTERY) OR ALCOHOL. UNLESS PROFESSIONAL NO SELLING LOOSE ITEMs. i.e. CIGARETTES, DIAPERS. ETC. MUST HAVE TRASII RECEPTACLES MAINTAINED OUTSIDE OF STORE. DUMPSTERS SHOULD BE MAINTAINED AND PICKED WIIEN EULL OR FINE WILL BE ISSUED- NO PAY PHONES OUTSIDE OF STORE. -WINDOWS SHOULD BE CLEAN AND FREE OF GRIME. WINDOWS MUST BE UNOBSTRUCTED AND ABLE TO VIEW INSIDE ESTABLISHMENT. -BROKEN WINDOWS MUST BE REPAIRED WITIIIN 721 (OURS. NO SMOKING OR VAPING IN BUILDING. GRAFITTI MUST BE REMOVED WITI IIN 72 IIOURS. -NO VEHICLES PARKED ON SIDEWALKS. -ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER. -NO LOITERING" SIGNS MUST BE POSTED AND ENFORCED 13y STORE EMPLOYEES. -NO SELLING OF DRUG PARAPHERNAL A INCLUDING. BUT NOT LIMITED TO (GLASS TEST TUBES, GLASS PIPES, GLASS PENS, "CHORE BOY ", SCOUR PADS, TABACCO WRAPS, BLUNTS, ROLLING PAPERS, OR FLOWERS IN GLASS TUBES) SNOW MUST BE SHOVELED /REMOVED AROUND STORE GROUNDS INCLUDING FIRE HYDRANTS AND BUS STOPS !F ON YOUR PROPERTY BEFORE 9:00 AM THE MORNING FOLIAVING SNOW FALL EVENT ALL STORE ITEMS ARE TO BE PRICED AND RECEIPTS AVAILABIE FOR CUSTOMERS UPON REQUEST. NO EXPIRED EOOD TO 13E SOLD- NO SELLING OF PREPARED FOOD WITIIOUT PROPER ERIE COUNTY HEALTH DEPARTMENF LICENSE. STORE HOURS MUST BE POSTED CLEARLY FOR PUBLIC VIEW • HOURS OF STORE OPERA'T'ION MUST BE DETERMINED IN COOPERATION WITH DISTRICT COUNCIL MEMBER AND LAW ENFORCEMENT RECEIVED AND FILED PETITIONS NO. 853 T. BATH, AGENT, USE 1116 ELMWOOD- CREATE AN OUTDOOR PATIO IN THE CITY ROW FOR EXISTING RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (HRG 05 /05)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 864 J. SMITH, AGENT, USE 3268 MAIN ST- CONTINUE RESTAURANT UNDER NEW OWNERSHIP IN THE TRANSIT STATION SPECIAL ZONING DISTRICT (HRG 05 /05)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 855 B. GREEN, AGENT, USE 1455 FILLMORE TO PLACE A LED GROUND SIGN ACCESSORY TO A 1 STORY MASONRY CHURCH ON PRIVATE PROPERTY (NO HRG)(MASTEN) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 856 B. BEMATOVICZ, AGENT, 500 SENECA TO ERECT GROUND SIGNS TO THE LOT OF A MULTI -STORY MIXED -USE BUILDING (NO HRG)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 857 PETITION TO OPPOSE BUILDING ANY STRUCTURE, ESPECIALLY A HOUSE WITH ATTACHED GARAGE, AT 728 LINWOOD AVENUE ON THE SOUTHWEST CORNER OF LINWOOD AND WEST DELAVAN April 17, 2015 In response to building /use application :197232, we, the undersigned residents, request that the Common Council disallow the building of a house with attached garage, or any other structure, at 728 Linwood Avenue, Buffalo, NY 14209. We object because this is a non - conforming lot in an R2 District. It is deficient in size by nearly 55 %. In addition it is at the edge of Linwood Avenue, which is now fully in the Historic Preservation District. It is also across the street from a Historic Landmark, Forest Lawn Cemetery. The lot is legally too small to build on. It is only 22.63 feet wide. Anything built on the lot would detract from the visual appeal of this highly visible and historic location. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 858 APPOINT ARCHITECT(PROV)(STEP 11)(PW)(SWARTZ) (CCP# 15- 718,04/14) Mr. Wyatt moved: That Communication 718 of April 14, 2015, be received and filed and that the Provisional Appointment of Brian Swartz, 105 Pawnee Pkwy, Buffalo, NY 14210, to the Position of Architect, at Step 11 Salary of $ 51,396.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 859 APPOINT FILTRATION PLANT OPERATOR(PERM)(STEP 5)(PW)(DENECKE(SCHWEITZER) (CCP# 15- 719,04/14) Mr. Wyatt moved: That Communication 719 of April 14, 2015, be received and filed and that the Permanent Appointment of Joseph Denecke, 143 Densmore St, Buffalo, NY 14220 and Peter Schweitzer, 328 Ideal St, Buffalo, NY 14206, to the Position of Filtration Plant Operator, at the 5 th Step of $43,272 00 is hereby approved. PASSED AYES -9 NOES -0 NO. 860 APPOINT ASSISTANT FILTRATION PLANT OPERATOR(PERM)(STEP 5)(PW)(MACHIN) (CCP# 15- 720,04/14) Mr. Wyatt moved: That Communication 720 ofApri114, 2015, be received and flied and that the Permanent Appointment of Eric Machin, 14 Rosedale, Buffalo, NY 14207, to the Position of Assistant Filtration Plant Operator, at the 5 th Step of $40,306.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 861 APPOINT MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I (PROV)(STEP 5)(PW)(HERBERT) (CCP# 15- 721,04/14) Mr. Wyatt moved: That Communication 721 of April 14, 2015, be received and filed and that the Provisional Appointment of Michael Herbert, 45 Good Ave, Buffalo, NY 14220, to the Position of Motor Equipment Maintenance Supervisor, at the 5 t- Step of $42,576.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 862 APPOINT PUMPING PLANT SUPERINTENDENT(PERM)(STEP 5)(PW)(MARTIN) (CCP# 15- 722,04/14) Mr. Wyatt moved: That Communication 722 of April 14, 2015, be received and filed and that the Permanent Appointment of Patrick Martin, 34 Greeley St, Buffalo, NY 14207, to the Position of Pumping Plant Superintendent, at the 5 th Step of $71,180.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 863 APPOINT PUMPING PLANT OPERATOR (PERM)(STEP 5)(PW)(BURGIO) (CCP# 15- 723,04/14) Mr. Wyatt moved: That Communication 723 of April 14, 2015, be received and filed and that the Permanent Appointment of Victor Burgio, 49 Standish, Buffalo, NY 14216, to the Position of Pumping Plant Operator, at the 5 t- Step of $48,856.00 is hereby approved. PASSED AYES- 9 NOES- 0 NO. 864 APPOINT SENIOR ENGINEER (TE M P)(MAX)(PW)(MC MAHON) (CCP# 15- 724,04/14) Mr. Wyatt moved: That Communication 724 of April 14, 2015, be received and filed and that the Temporary Appointment of John McMahon, 19 Burke Drive, Buffalo, NY 14215, to the Position of Senior Engineer, at the Maximum Salary of $64,301.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 865 APPOINT SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEMS (PERM)(STEP 5)(PW)(PUGLIESE) (CCP# 15- 725,04/14) Mr. Wyatt moved: That Communication 725 of April 14, 2015, be received and filed and that the Permanent Appointment of Nicholas Pugliese, 882 West St, Buffalo, NY 14213, to the Position of Superintendent of Traffic Signal, at the 5 th Step of $48,659.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 866 APPOINT ASSISTANT CORPORATION COUNSEL LI (PERM)(CC)(LAZARIN) (CCP# 15- 729,04/14) Mr. Wyatt moved: That Communication 729 of April 14, 2015, be received and filed and that the Appointment of Jessica Lazarin, 160 Hamilton, Amherst, NY 14226, to the Position of Corporation Counsel 11 Salary of $64,939.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 867 APPOINT DIRECTOR OF PERSONNEL(EXEMPT)(FABIAN)(HR) (CCP #15 - 745,04/14) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 868 NOTICES OF APPOINTMENTS - TEMP /PROV /PERRN(CTY CLK) (CCP# 15- 745,0414) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 869 W. OXONNELL- COMMENTS REGARDING PARTICIPATORY BUDGETING IN COB (CCP# 15- 753,0414) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 870 REQUEST FOR APPROVAL - ICE RINK MANAGEMENT SERVICES (DPW) (ITEM NO. 211, C.C.P., MAR. 17, 2015) Mr. Fontana moved: That the above item be. and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into agreements with the following to provide professional services necessary for ice rink management: The Dominik Hasek Youth Hockey League, Inc. for Timothy J. Burvid (Cazenovia) Ice Rink North Buffalo Bison Hockey Association, Inc. for Lafayette Rink The Dominik Hasek Youth Hockey League, Inc. for Bud Bakewell (Riverside) Rink AMENDMENT J. GOLOMBEK- AMENDMENT TO DOMINEK HASEK YOUTH HOCKEY LEAGUE AGMT AGREEMENT BETWEEN CITY OF BUFFALO (THROUGH ITS DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS) AND DOMINIK HASEK YOUTH HOCKEY LEAGUE, INC. FOR ICE RINK MANAGEMENT SERVICES AT BUD BAKEWELL (RIVERSIDE) ICE RINK AND TIMOTHY J. BURVID (CAZENOVIA) ICE RINK THIS AGREEMENT, hereinafter "AGREEMENT" is made and entered into as of the -- day of May, 2015 by and between the CITY OF BUFFALO, a municipal corporation organized under the laws of the State of New York with offices located at 65 Niagara Square, Room 502 City Hall, Buffalo, New York, 14202, hereinafter referred to as the "City ", and Dominik Hasek Youth Hockey League, Inc, a New York corporation with offices located at 2607 Niagara Street, Buffalo New York 14207, hereinafter referred to as the "Operator ". WHEREAS, the City issued a request for proposals soliciting proposals for indoor ice rink operator functions at Bud Bakewell ( "Riverside ") and Timothy J. Burvid ( "Cazenovia') Rinks (the "Operations "); and WHEREAS, the Operator has been selected by the City to undertake and perform the Operations; WHEREAS, the City and the Operator now wish to enter into an agreement pursuant to which the Operat9r will fully undertake and perform the Operations. NOW THEREFORE, the parties hereto agree as follows: 1. A copy of the request for proposals (the "RFP') is attached hereto and made a part hereof as Exhibit A. 2. The Operator's proposal ( "Operator's Proposal ") is attached hereto and made a part hereof as Exhibit B. 3. The indemnity and insurance provisions (the "Indemnity and Insurance Provisions ") are set forth in Exhibit C attached hereto and made a part hereof. 4. Attached hereto and made a part hereof as Exhibit D are provisions relating to the Living Wage Ordinance. Operator's operations and employees are covered by the Living Wage Ordinance. Operator is obligated to fully familiarize itself with the Living Wage Ordinance, including but not limited to, all updates. 5. The terms, provisions and conditions set forth in this Agreement, the RFP, the Operator's Proposal, the Indemnity and Insurance Provisions and the Living Wage Ordinance shall constitute the terms, provisions and conditions of the agreement between the City and the Operator. 6. In the case of any and all inconsistencies between the terms and provisions of this Agreement, the terms and provisions of the RFP, the terms and provisions of the Operator's Proposal, the terms and provisions of this Agreement (including also the terms and provisions of Exhibit C and Exhibit D the Living Wage Ordinance) shall control. 7. The City shall have the fight to unilaterally terminate this Agreement at any time with or without cause (the "City's Termination Provision "). Subject to the City's Termination Provision, the term of this Agreement is for five (5) consecutive years commencing as of the U day of August, 2015, with an option to extend for one (1) additional consecutive five (5) year period upon mutual agreement of both the City and the Operator. 8. Reference is also made to the "Audit" section in Exhibit A - RFP that a separate accounting of ice rink operations shall be maintained by Operator, which shall be subject to annual audit by City. Required information shall be submitted by Operator to City as requested by City's Division of Audit and Control. 9. Any proposed Operator driven operational changes and /or any proposed Operator driven changes to indoor ice rink operations shall be subject to approval by the City DPW Commissioner and, if applicable, the formal approval of the Common Council of the City of Buffalo before any effectuation thereof is undertaken. 10. All signage proposed by the Operator must be approved by the City DPW Commissioner prior to installation. 11. No naming rights for any component of the City -owned facilities are being conferred upon the Operator pursuant to this Agreement. City reserves all naming rights to the City. 12. Operator is not permitted to assign, sublet and or subcontract any operational functions, repairs, facility improvements and or other functions, in full or in part, without the prior written consent of the City, such consent to be given, conditioned and /or denied in the sole discretion of the City's Department of Public Works, Parks & Streets Commissioner. 13. The resident youth hockey league for the Riverside facility and Cazenovia facility respectively shall each be offered and provided with similar hours of rink use as in previous years. 14. The Operator shall provide a detailed janitorial operations plan that is directly focused on the variable conditions based on use and foot traffic for the lobby, bathrooms and locker rooms at each facility, to be submitted to the City for review. 15. The resident youth hockey league at each facility will retain use of the storage room as used in previous years. 16. Operator shall coordinate outreach among the resident youth hockey leagues, Buffalo Public Schools, and other local neighborhood resources to promote public skating, rink programming and overall community awareness of rink use opportunities at each facility. PASSED AS AMENDED AYES — 9 NOES — 0 NO. 871 ABANDONMENT AND SALE - PORTION OF CARROLL STREET AND HYDRAULIC STREET RIGHT -OF -WAY TO LCO BUILDING FOR CONTINUITY AND TARIFF PURPOSES (FILL)(LAW) (ITEM NO. 728, C.C.P., APR. 14, 2015) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Motion to open the public hearing by Councilmember Smith, 2 nd by Coundlmember Golombek. Speakers: Lawrence Rubin Motion to Close the public hearing by Councilmember Smith, 2 nd by Councilmember Wyatt Motion to Approve by Councilmember Smith, 2 d by Mr. Franczyk That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to abandon and sell portions of Carroll Street and Hydraulic Street Rights of Way (Carroll Street between Griffin Street and running westward to Hydraulic Street, comprising of an area of approximately 16,818 sq. ft., and a section of Hydraulic Street extending northward from the north side of Exchange Street to the south side of Seneca Street, comprising of an area of approximately 24,564 sq. ft.) for the amount of Fifty -Seven Thousand Dollars ($57,000.00) to LCo, LLC ( "LCo "), or a corporation, partnership, or other legal entity designated by LCo and approved by the Office of Strategic Planning, provided the following conditions are met: 1. That the Common Council refers this matter to the City of Buffalo Planning Board, and the Planning Board makes a recommendation as to the abandonment and sale of the subject portion of the Carroll Street and Hydraulic Street Rights of Way; and 2. That the Common Council set a date for a public hearing in accordance with street abandonment procedures; and 3. That LCo and /or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning, agrees not to compromise the City's utilities lines or any other utility lines and /or easements near and within the area to be sold; and 4. That LCo and /or a corporation, partnership, or other legal entity to be designated by LCo, and approved by the Office of Strategic Planning, agrees to grant easements near and within the area to be sold, as the Corporation Counsel's Office determines to be necessary, including, but not limited to, easements for Water, Gas, and Cable; and 5. That LCo and /or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning shall submit said easements to the City of Buffalo and any affected utility company and other interested persons /entities for review; and 6. That the terms and conditions of the proposed easement agreements shall be negotiated to finalization and subject to the review and approval of the Department of Public Works, Parks and Streets, the Corporation Counsel's Office, and any utility company or other interested persons /entities that may be affected or impacted; and 7. LCo and /or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning agrees to address any utility concerns or issues, if and when they Should arise, to the satisfaction of the Department of Public Works, Parks and Streets, and the Corporation Counsel's Office; and 8. That the official granting of the easement interests over, under and near the public rights of way being abandoned and sold will generally not become effective until the deed reserving easements rights and /or easement agreements creating and conveying the easement interests are filed in the Erie County Clerks' Office; and 9. That the official closing /abandonment of the right of way to be sold will not become effective until the deed conveying title to the property is filed in the Erie County Clerk's Office. That the Common Council hereby authorizes the Mayor to execute all the necessary documents, including but not limited to, the deed, in order to effectuate transfer of title of the specified portions of Carroll Street and Hydraulic Street Rights of Way, such deed to include standard indemnity and releases as to all site and environmental conditions, and be acceptable to the Corporation Counsel's Office in form and substance; and that the Common Council hereby authorizes all pertinent City personnel and departments to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the deed conveyance, and easement agreements and arrangements; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions, and execute and /or develop, negotiate, and process the necessary documents, agreements and /or modifications thereto, as shall be reasonably necessary to facilitate and implement the reserved easements within, and easement interests near, the sale property, for the benefit of the City, the pertinent associated utilities, and other persons /entities where appropriate, such as, but not limited to, the Buffalo Water Board and all as are determined to be appropriate by the Corporation Counsel's Office. PASSED. AYES — 9 NOES — 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 872 MASELA -HUD S PUBLIC HOUSING ASSESSMENT SYS MNGT SCORE (C.C.P. #15 -752, APR 14) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 873 R. WYATT- UNIVERSITY DISTRICT FOOD STORE RENEWAL SESSION OUTCOME ( #15 -756, APR 14) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation ADOPTED NO. 874 D. PRIDGEN -J. STEWART- HOMEOWNERS WHO WERE THE FIRST CITIZENS TO INVEST IN DOWNTOWN BUFFALO (C.C.P. #15 -532, MAR 17) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 875 T. KINSLER - TELECOMM LICENSE AGREEMENT -FIBER TECHNOLOGY NETWORKS (C.C.P. #14 -1375, JUNE 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 876 REPORT OF SALE - 49 ALMA (MASTEN)(STRAT PLAN) (ITEM NO. 870, C.C.P., APR. 15, 2015) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 877 NYS URBAN DEV CORP- PROPOSES ERIE CANAL HARBOR DEV CORP TO SERVE AS LEAD AGENCY FOR GALLAGHER BEACH SAND SUSTAINABILITY STUDY (C.C.P. #12 -42, APR 17) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 878 CITIZENS FOR A 21ST CENTURY PARK AT THE OUTER HARBOR (C.C.P. #12 -38, JAN 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 879 FOOD STORE LICENSE (NEW) - 140 ABBOTT ROAD (LOV)(DPIS) (ITEM NO. 730, C.C.P., APR. 14, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scan on moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 880 K. YOCUM, AGENT, TO USE 700 ELLICOTT TO ERECT A GROUND SIGN TO THE FRONT ON A LOT A MEDICAL BUILDING (ELL)(DPIS) (ITEM NO. 757, C.C.P., APR. 14, 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. Yocum, Agent, to erect ground sign to the front on a lot for a medical building located at 700 Ellicott. PASSED AYES 9, NOES 0 NO. 881 K. JAMES, OWNER, TO USE 927 KENSINGTON TO COVERT A CHURCH TO A RESTAURANT IN THE KENSINGTON - BAILEY BUSINESS DISTRICT (MASTEN)(DPIS) (ITEM NO. 758, C.C.P., APR. 14, 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. James, Owner, to convert a church to a restaurant located at 927 Kensington in the Kensington - Bailey Business District. PASSED AYES 9, NOES 0 NO. 882 C. WARNES, OWNER, TO USE 1894 CLINTON TO COVERT A FIRST FLOOR TO A TAKEOUT RESTAURANT IN THE CLINTON STREET SPECIAL DISTRICT (LOV)(DPIS) (ITEM NO. 759, C.C.P., APR. 14, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of C. Warnes, Owner, to convert the first floor of a two -story mixed use building to a takeout restaurant located at 1894 Clinton in the Clinton Street Special District. PASSED AYES 9, NOES 0 NO. 883 EXPANSION OF THE LINWOOD HISTORIC DISTRICT TO INCLUDE 1524 MAIN AND 1526 -1536 MAIN (ELL)(PRES BD) (ITEM NO. 586, C.C.P., MAR. 31, 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 after the public hearing held before the Committee on Legislation, the Common Council hereby expands the Linwood Historic District to include 1524 Main Street and 1526 -1536 Main Street, pursuant to Chapter 337.15 (Criteria for Designation) of the City of Buffalo Charter and Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES 9, NOES 0 NO. 884 UPPER BLACKROCK HISTORIC PRESERVATION DISTRICT (PRES BD) (ITEM NO. 587, C.C.P., MAR. 31, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That after the public hearing held before the Committee on Legislation, the Common Council hereby recommends the creation of the Upper Blackrock Historic District" pursuant to Chapter 337.15 (Criteria for Designation) of the City of Buffalo Charter and Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES 9, NOES 0 NO. 885 L. HALL, AGENT, TO USE 399 OHIO TO ERECT A 5 -STORY MASONRY /STEEL BUILDING WITH COMMERCIAL SPACES IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (FILL) (ITEM NO. 631, C.C.P., MAR. 31, 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 -67 of the City of Buffalo Code, the Common Council hereby approves the application of L. Hall, Owner, to use 399 Ohio to erect a five -story masonry/building with Commercial spaces in an M1 Zone in the Buffalo Coastal Special Review District. PASSED AYES 9, NOES 0 NO. 886 F. LAZARUS, AGENT, TO USE 433 ELLICOTT TO ATTACH AN LED NON - ACCESSORY BILLBOARD TO THE SIDE OF 1 -STORY MASONRY BUILDING IN THE DOWNTOWN OVERLAY DISTRICT (ELL)(DPIS) (ITEM NO. 632, C.C.P., MAR. 31, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of F. Lazarus, Agent, to place at 67 Y2 "X 12'11 Y4 " 6 LED non - accessory (billboard) attached to the side of a one -story masonry dog daycare in a CM District located at 433 Ellicott a /k/a 431 Ellicott in the Downtown Overlay District. PASSED AYES 9, NOES 0 RESOLUTIONS NO. 887 BY: RICHARD A. FONTANA DISCHARGE FINANCE COMMITTEE - TRANSFER OF FUNDS — CITY PLANNING (ITEM NO. 675, C.C.P. MARCH 31, 2015) Date: 4/27/15 Discharge Finance Committee from consideration of the following item: "Transfer of Funds City Planning" Item No 675, C.C.P. March 31, 2015 ) Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 675, C.C.P. March 2015 "Transfer of Funds - City Planning" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, PASSED AYES 9, NOES 0 NO. 888 BY: MR. FONTANA TRANSFER OF FUNDS - BAILEY AVE BRIDGE That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 300000106 - 445100 General City Planning $ 90,047.79 To: 31550006 - 445100 Bailey Avenue Bridge $ 90,047.79 PASSED AYES 9, NOES 0 NO. 889 BY: MR. FONTANA TRANSFER OF FUNDS -LAND IMPROVEMENT That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 1067007 - 490000 Assessment Equipment — Freeze $ 200,000 To: 16550007 - 471010 Permits & Inspections - Land Improvement $ 200,000 PASSED AYES 9, NOES 0 NO. 890 BY: MR. FONTANA WAIVER OF 2015 ROOM USE FEES FOR THE WEISS STREET BLOCK CLUB Whereas: Block clubs are immeasurably beneficial to the various communities throughout the City of Buffalo; and Whereas: Block clubs serve as a way for neighbors to communicate with both one another and their elected representatives in order to address problems and formulate plans for maintenance and improvement of the community; and Whereas: The residents of Weiss St in the Lovejoy District have formed the Weiss St. Block Club; and Whereas: Formation of a block club entails obtaining several permits for purposes including usage of community centers and other facilities for regular meetings; and Whereas: Block clubs are comprised of all volunteer members and are self - reliant for means of fundraising. Now, Therefore, Be It Resolved; That the Common Council hereby requests the Department of Public Works waive any and all room rental fees for use of the Machnica Community Center by the Weiss Street Block Club for their meetings in the 2015 year. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa in the Department of Public Works Parks and Streets PASSED AYES 9. NOES 0 NO. 891 SPONSORS: MICHAEL J. LOCURTO ESTABLISHMENT OF A COMMITTEE ON MANDATORY PAID SICK LEAVE WHEREAS: Currently there are 43 million American workers who do not have paid sick leave; and, WHEREAS: For many working class people, they live in constant fear that if they ask for a sick day to take care of themselves or their family members that it will result in the loss of income or their job; and, WHEREAS: Every year, 5.5 million people are sickened by norovirus, a highly contagious gastrointestinal bug, which is spread primarily by "infected food workers.,' Last year cooks, waiters and others were involved in about 70% of outbreaks. Until recently, very few restaurant workers had the legal rights to paid sick time, which meant that meant many of them went to work very ill; and, WHEREAS: San Francisco became the first locality in the nation to guarantee access to earned paid sick leave in 2006; and, WHEREAS: the District of Columbia and Milwaukee followed suit shortly thereafter in 2008, and included paid "safe" days for victims of domestic violence, sexual assault and stalking; and, WHEREAS: in 2011, the Connecticut legislature became the first in the nation to pass a statewide paid sick leave law; and, WHEREAS: Legislators and advocates continue to advance paid sick leave legislation of some type in nearly twenty states throughout the country: Alaska, Arizona, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Nebraska, New Jersey, New York, North Carolina, Oregon, South Carolina, Vermont and Washington; and, WHEREAS: Earlier this year, President Obama encouraged Congress to pass a federal bill that would require that businesses include such a policy in their leave policies; and, WHEREAS: the successful implementation of such legislation has bolstered productivity at work, ensured public safety and promoted workers' rights without negatively impacting businesses or local economies. NOW, THEREFORE, BE IT RESOLVED: That a Committee of citizens consisting of one representative (representative must be a city of Buffalo resident) of each organization be appointed: Buffalo First! Citizen Action of New York Coalition of Black Trade Unionists Coalition for Economic Justice (CEJ) Community Health Network of Buffalo Open Buffalo (OB) National Lawyers Guild - Buffalo Chapter Partnership for the Public Good (PPG) People United for Sustainable Housing (PUSH) Buffalo Small Business Development Center at Buffalo State Westminster Economic Development Initiative (WEDI) Western New York Workers Center Western New York Area Labor Federation (WNYALF) BE IT FINALLY RESOLVED: That thee aforementioned Committee will be chaired through an appointment of the sponsor of the resolution. The Committee shall develop legal verbiage for use in an ordinance that will establish Mandatory Sick Leave for City of Buffalo seasonal employees and a citywide ordinance. It will also provide recommendations for the full implementation of such legislation. The final memo shall include: • A timeline for the implementation of Mandatory Sick Leave • The report shall be filed no later than August 30, 2015. The committee will meet bi- monthly. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 892 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON APRIL 23, 2015, COUNCIL PRESIDENT PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: SUPPORT THE DISPOSITION OF AD PRICE COURTS BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY TO A BMHA CONTROLLED ENTITY Whereas, The AD Price Courts property located at 95 Willert Park Court is owned by the Buffalo Municipal Housing Authority ( "BMHA "); and Whereas, AD Price Courts is currently vacant, boarded up and uninhabitable; and Whereas, The BMHA currently has a number of uninhabitable units within its portfolio in need of development; and Whereas, The BMHA has been consulting with various Common Council members on the prospective future use of the property: and Whereas, The BMHA has attended meetings with residents of the AD Price Courts area and addressed their questions and concerns; and Whereas, The BMHA has consulted with its Resident Advisory Board about the contemplated disposition of AD Price Courts and addressed all questions and concerns ; and Whereas, The long term vacancy of AD Price Courts has hampered BMHA's ability to reach a satisfactory performance assessment; and Whereas, Recently, the United States Department of Housing and Urban Development ( "HUD "), assessed the BMHA with a low occupancy indicator, which has a direct adverse effect on its overall performance; and Whereas, The BMHA's overall occupancy assessment will be positively impacted by transferring ownership of the AD Price Courts to a BMHA controlled entity; and Whereas, The contemplated transfer is to Bridges Development Inc., a wholly BMHA controlled Not - for - Profit Entity; and Whereas, The BMHA is requesting adoption of this resolution, demonstrating the Buffalo Common Council's support of this transfer from BMHA to Bridges Development, Inc.; and Whereas, Any future development at the site will require the BMHA Board of Commissioners' approval, a full environmental review by the City of Buffalo and approval from the New York State Historic Preservation Office ( "SHPO "); and Whereas, The disposition of AD Price Courts is critical to the ongoing redevelopment efforts of the BMHA and the continued revitalization of the William Street and Jefferson Avenue corridor; and Now, Therefore Be It Resolved that the City of Buffalo Common Council: 1.) Hereby supports the BMHA's transfer of title for AD Price Courts to Bridges Development, Inc., its wholly controlled not - for - profit corporation. ADOPTED AYES — Fontana, Golombek, LoCurto, Pridgen, Rivera, Scanlon, Smith, Wyatt -8 NOES — Franczyk -1 NO. 893 BY: DAVID A. RIVERA- NIAGARA DISTRICT COUNCILMEMBER APPOINT MARRIAGE OFFICER(RYBCZYNSKI) Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire on December 31 st, 2015. Cathy A. Rybczynski ADOPTED NO. 894 SPONSOR: CHRISTOPHER P. SCANLON SUBJECT: WAIVE FEES FOR USE OF CAZENOVIA PARK FOR AN EVENT BEING HELD BY SOUTH BUFFALO FOOTBALL ENTITLED THE SOUTH BUFFALO CAR SHOW AND MUSIC FEST Date: May 23, 2015 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: Throughout their years of using Cazenovia Park, South Buffalo Football has always respected the privilege and responsibilities that come along with their use of the park and its facilities; and WHEREAS: South Buffalo Football provides the youth of South Buffalo a platform to learn teamwork, dedication and provides them with a more structured activity than some youths might be involved in; and WHEREAS: This event will help to raise money for South Buffalo Football and their annual fees for providing field use, referee fees, jerseys etc; 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 South Buffalo Football and their use of Cazenovia Park, an Buffalo Olmsted affiliate, on May 23 rd, 2015; and BE IT FURTHER RESOLVED, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events PASSED AYES 9, NOES 0 NO. 895 SPONSOR: CHRISTOPHER P. SCANLON AND ALL COUNCIL MEMBERS CALLING ON THE GOVERNOR, THE NEW YORK STATE ASSEMBLY, AND THE NEW YORK STATE SENATE TO ENACT THE "ABANDONED PROPERTY NEIGHBORHOOD RELIEF ACT OF 2015" WHEREAS, In the wake of the financial crisis of 2008, there has been a marked increase in New York State in the incidence of vacant and abandoned residential properties securing delinquent mortgages, which properties frequently fall into disrepair, thus devaluing neighboring properties and harming the larger community; and WHEREAS, These vacant and abandoned residential properties have become a Night in the City of Buffalo and in many similarly situated neighborhoods across New York State because the properties are often boarded up, dilapidated, unsafe, inhabited by squatters or used for criminal purposes; and WHEREAS, An accumulation in a community of vacant and abandoned residential properties that are not properly secured or maintained for extended periods can cause a marked decline in that community's real estate market and the state's property tax base; and WHEREAS, There are documented instances of such properties being used by criminals to manufacture and /or distribute illegal drugs, thus leading to an increased likelihood of crime in and around the property and neighboring community; and WHEREAS, The City of Buffalo and similarly situated municipalities across New York State are often forced to expend taxpayer funds to prevent vacant and abandoned residential properties from becoming a public hazard, thereby depleting limited local resources; and WHEREAS, The City of Buffalo and similarly situated municipalities across New York State are often forced to expend taxpayer funds to investigate and determine the ownership, occupancy and foreclosure status of vacant and abandoned residential properties in order to ensure that, where applicable, the mortgagee is complying with current obligations under Federal, State and /or local law to secure and maintain the property, thereby further depleting limited local resources; and WHEREAS, Relevant provisions of existing State law, enacted in 2009, governing the maintenance of abandoned residential properties impose a duty on plaintiff - mortgagees to maintain vacant residential properties only after a judgment of foreclosure and sale has been entered by a court; and WHEREAS, This recent State law has in many instances proven inadequate to address the growing number of vacant and abandoned properties falling into disrepair in the City of Buffalo and in many similarly situated municipalities across New York State because many such properties are not subject to a pending foreclosure action, and many that are subject to a pending foreclosure have not proceeded, and will not in the foreseeable future proceed, to a court judgment of foreclosure and sale; and WHEREAS, There is evidence showing that many current and former New York homeowners have been misled into believing they need to leave their homes earlier in the foreclosure process than the law actually requires, thus resulting m even more vacant and abandoned residential properties throughout our communities; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" (A. 06932, S.04781 ) would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by creating a statewide registry of such properties that can be electronically accessed by such municipalities; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by imposing a duty on mortgagees and their loan servicing agents to promptly report these properties to the statewide registry and take earlier, pre - foreclosure, action to identify, secure and maintain such vacant and abandoned properties; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by providing a much needed and readily available source of information on vacant and abandoned residential properties to local officials throughout the State; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by establishing an "Abandoned Property Neighborhood Relief Fund," comprised of civil penalties collected by the Attorney General in enforcement actions under the Act, which Neighborhood Relief Fund monies would be expended by the Attorney General in the form of Enforcement Assistance Grants to counties, cities, towns and villages to assist localities across the State in their own enforcement efforts under the Act; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by also establishing a statewide toll -free hotline that community residents can use to report suspected vacant and abandoned properties to the Attorney General and receive information regarding the status of registered properties, including the identity of the mortgagee or agent responsible for maintaining them; and WHEREAS, The "Abandoned Property Neighborhood Relief Act of 2015" would help the City of Buffalo and similarly situated municipalities and their residents across the State better address the growing problem of vacant and abandoned residential properties by ensuring that homeowners are provided with clear and early notice that they are legally entitled to remain in their homes until ordered to leave by a court; NOW THEREFORE, BE IT RESOLVED, That the Buffalo Common Council by this Resolution hereby calls on the Governor, the New York State Assembly and the New York State Senate to promptly enact the "Abandoned Property Neighborhood Relief Act of 2015;" and BE IT FURTHER RESOLVED, That the City Clerk immediately forward copies of this resolution to Governor Andrew Cuomo, Attorney General Eric T. Schneiderman, NYS Assemblymembers Helene Weinstein, Michael P. Kearns, Crystal Peoples- Stokes and Sean Ryan, and NYS Senators Jeff Klein and Timothy Kennedy. ADOPTED NO. 896 SPONSOR: CHRISTOPHER P. SCANLON and CM RIVERA AND WYATT CREATE CIVIL SERVICE RESIDENCY INSPECTOR POSITION(S) WHEREAS, The City of Buffalo's Department of Civil Service requires individuals interested in pursuing careers with the city (i.e. firefighters, police officers and various other civil servants) to reside within the City of Buffalo 90 days prior to the civil service exam, at the time of the civil service exam, as well as at the time of appointment; and WHEREAS, Many of the employment positions offered by the various city departments are the opportunity to begin a career, not just a temporary job; and WHEREAS, For many residents in the City of Buffalo, these positions (i.e. police officer and firefighter) are lifelong dreams they have worked towards; and WHEREAS, Despite being lifelong residents of the City of Buffalo, the Department of Civil Service has determined on numerous occasions that these residents have not submitted substantial proof of their residency; and WHEREAS, As a result of a difficult job market and overwhelming student loan debt, it is common for "adult children" to live with their parents much longer than in generations past. As such, it is not unreasonable to assume mortgages, utility bills etc. are listed in a parent's name; and WHEREAS, In order to best determine if an individual actually resides at the address they have provided, it would make most sense for an employee of the City of Buffalo (i.e. residency inspector) to visit the address in question and investigate whether or not the applicant resides there, as was done in the past by the City of Buffalo's Civil Service Department; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council respectfully requests the Department of Civil Service to seriously consider the feasibility of reinstating residency inspectors; and BE IT FURTHER RESOLVED, That the Department of Civil Service formally respond to this request as soon as possible; and BE IT FINALLY RESOLVED, That the City Clerk forwards copies of this resolution to the Department of Civil Service and to the Law Department. ADOPT THE RESOLVES. REFER REMAINDER TO THE COMMITTEE ON CIVIL SERVICE NO. 897 BY: RASHEED N.C. WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Robert G. Heidinger Madonna M. Keane Thomas J. Leatherbarrow total: 3 ADOPTED BY: RASHEED N. C. WYATT NO. 898 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 Scott Balsom Eric P. Doherty Stephanie K. McGrath Mary Ann Moriarity Fanchon Renee Pratcher TOTAL:5 ADOPTED NO. 899 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 Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Meeting Special Session Tuesday, May 5, 2015 at 9:45 o'clock A.M. Tuesday, May 5, 2015 at 10:00 o'clock A.M. Tuesday, May 5, 2015 at 1:00 o'clock P.M. Tuesday, May 5, 2015 at 1:00 o'clock P.M. Friday, May 1, 2015 at 3:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 900 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:09 P.M. GERALD A. CHWALINSKI CITY CLERK