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Home My WebLink About15-0414NO. 8 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 14, 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 14, 2015 "FINAL" MAYOR MAYOR - EXECUTIVE 685- A. Arts Comm - Approval of Temporary Installation - Silent Poets APP 686- 1. Cit Serv- Monthly Report March 2015 R &F 687- 2. Strat Plan -Lease Portion of Hannah St(Fill) APP 688- 3. Strat Plan -Renew Lease Agreement Btwn COB & Bflo Society of Natural Sciences for Use of 1020 Humboldt Pkwy APP 689- 4. Strat Plan- Report of Sale -1391 Genesee(Fill) APP 690- 5. Strat Plan- Report of Sale -69 Hamilton(North) APP 691- 6. Strat Plan- Report of Sale -63 Harmonia(Fill) APP 692- 7. Strat Plan- Report of Sale -45 Mills(Fill) APP 693- 8. Strat Plan- Report of Sale -186 Stanislaus(Fill) APP 694- 9. Strat Plan- Report of Sale -417 Stockbridge(Univ) CD COMPTROLLER 695- 10. Certificate of Determination - Terms, Form and Details of Issuance of $30,078,985 General Improvement Serial Bonds R &F 696- 11. Letters to Management From Independent Auditors FIN 697- 12. Single Audit of Federal Financial Assistance Programs FIN 698- 12A Certificate of Nec- Transfer in Funds General City Police & Fire Pensions R &F PUBLIC WORKS 699- 13. Authorization for Mngt Agmt Modification Erie Basin Marina /Smith Boys APP 700- 14. Change in Contract -Cars on Main St(DiDonato Assoc) APP 701- 15. Change in Contract -Cars on Main St(Mark Cerrone Inc) APP 702- 16. Change in Contract -Caz Pool Steel and Roof Replacement(South) APP 703- 17. Change in Contract - Women's Holding Area($607,035.40) APP 704- 18. Change in Contract - Women's Holding Area Basement($148,648.00) APP 705- 19. Notice of Emergency Contracting -2014 Nov to Remember Snow Removal APP 706- 20. Permission to Engage Services of Consulting Engineer to Repair and Replace Infrastructure Damaged by the 2014 Storm APP 707- 21. Permission to Enter Agmt With M &T Bank for Installation and Operation of Bflo Connect Downtown Public WiFi APP 708- 21 A Permission to Amend Agmt for Recycling Education & Marketing Services APP W /COND, CD 709- 22. Report of Bids - Autumnwood CC Public Improvements(Lov) APP 710- 23. Report of Bids - Bearing Rehab /Replacement at Three Bridges and Approach Wall Rehab at One Bridge in COB APP 711- 24. Report of Bids -City Wide Mill and Overlay APP 712- 24A Report of Bids -City Wide Curb & Sidewalk Replacement -Group 818B APP 713- 24B Report of Bids -City Wide Curb & Sidewalk Replacement -Group 818C APP 714- 25. Report of Bids -MLK Jr. Park Casino Env Abatement(Mas) APP 715- 26. Report of Bids - Onandaga Park Re- Construction APP 716- 27. Report of Bids -NWBCC Public Improvements APP 717- 28. Report of Bids -Rehab of South Park APP 718- 29. Appoint Arch itect(Prov)(Step 11)(Swartz) CS 719- 30. Appoint Filtration Plant 0perator(Perm)(Step 5)(Denecke)(Schweitzer) CS 720- 31. Appoint Assistant Filtration Plant 0perator(Perm) (Mach in) CS 721- 32. Appoint Motor Equipment Maintenance Supervisor I(Prov)(Step 5)(Herbert) CS 722- 33. Appoint Pumping Plant Superintendent(Perm)(Step 5)(Martin) CS 723- 34. Appoint Pumping Plant 0perator(Perm)(Step 5)(Burgio) CS 724- 35. Appoint Senior Engineer(McMahon)(Temp)(Max) CS 725- 36. Appoint Superintendent of Traffic Signal Systems(Perm) (Step 5)(Pugliese) CS POLICE 726- 37. Acceptance of Donation-Mc Donald's Corp APP 727- 38. Drug Asset Forfeiture Wire Transfers R &F CORPORATION COUNSEL 728- 38A Abandonment and Sale a Portion of Carroll St and Hydraulic St -ROW to LCo Bldg for Continuity and Tariff Purposes(hrg 4/28) CD,CPBD 729- 39. Appoint Assistant Corporation Counsel II(Perm)(Lazarin) CS PERMITS AND INSPECTIONS 730- 40. Food Store License(New) -140 Abbott Rd(Lov) LEG 731- 41. Food Store License(New) -1069 E. Ferry (Fill) LEG 732- 42. Food Store License(New) -209 Massachusetts aka 477 Plymouth(Nia) APP 733- 43. Property Management License -95 Perry St(Fill) APP 734- 44. Second Hand Dealer -959 Broadway(Fill) APP 735- 45. Second Hand Dealer -1344 E. Delavan(Univ) APP 736- 46. Second Hand Dealer -125 Elmwood(Fill) APP HUMAN RESOURCES 737- 47. Appoint Director of Personnel (Exempt)(Fabian) CS ZONING BOARD OF APPEALS 738- 48. Decisions From Zoning Board Meeting- 03/18/2015 R &F CITY CLERK 739- 49. Application for Restricted Use Permit -69 W. Chippewa(4 /23/2015)(EII) APP 740- 50. Items returned by Mayor without Approval /Disapproval(Mtgs 3/17 & 3/31/15) R &F 741- 51. Liquor License Applications R &F 742- 52. Leaves of Absence R &F 743- 53. Reports of Attendance R &F 744- 54. Notices of Appointment - Seasonal R &F 745- 55. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS APP 746- 55A P. Burke -EC Leg- Benefits of Broadband FIN 747- 56. DEC - Inactive Hazardous Waste Disposal Site -Bflo Lakeside Commerce Park R &F 748- 57. C. Franklin- Constituent Injury Form- 08 /04 /2014(Zyphen Middlebrooks) CC 749- 58. G. Grabiner- Suggestions Enhanced Police Practices in Buffalo POL O/S 750- 58A S. Hodala- Concerns Building of House at 728 Linwwod Ave CD 751- 59. J. Mascia - Complaints Regarding Chairman of BMHA R &F 752- 60. J. Mascia -HUD's Public Housing Assessment Sys Mngt Score CD 753- 61. W. O'Connell- Comments Regarding Participatory Budgeting in COB FIN,OSP 754- 61A D. Smith - Request Info on Cost and Use of City and Taxpayer R &F 767- 8. 15 -114 No Owned Buildings Leased by Bd of Ed ED,CC,MAYOR,PW 755- 62. Water Board Monthly Report -Feb 2015 R &F 756- 62A R. Wyatt- University District Food Store Renewal Session Outcome CD,EDPI PETITIONS R. NC Wyatt -V. Johnson & Others - Against McCarthy Park Practice 757- 63. K. Yocum, Agent, Use 700 Ellicott to Erect a Ground Sign to the Front Field Quality of Life on a Lot for the Medical Building(hrg 4/21)(EII) LEG,CPBD 758- 64. K. James, Owner, Use 927 Kensington to Convert a Church to a Restaurant R &F LEGISLATION in the Kensington Bailey Business District(hrg 4 /21)(Mas) LEG,CPBD 759- 65. C. Warnes, Owner, Use 1894 Clinton- Change of Use of the First Floor Mar 31 Food Store License (New) -352 Walden (Fill) to a Take Out Restaurant in the Clinton St Special District LEG,CPBD RESOLUTIONS E. Rushikana, Agent, Use 468 Niagara to Reestablish a Grocery Store 779- 65A Fontana Transfer in Funds - General City Police & Fire Pension APP 780- 66. LoCurto Waive Permit Fees for the Dolphin Dash in Delaware Park APP 781- 66A LoCurto Jamie Hamann - Burney Appointment to Bicycle /Pedestrian Advisory Board ADOPT 782- 66B LoCurto Mandatory Paid Sick Leave ADOPT FIN RES,REM TO LEG 783- 66C LoCurto,etc Urge NYS to Pass the Gender Expression 774- 15. 15 -633 No Mar 31 Non - Discrimination Act(GENDA) ADOPT 784- 67. Pridgen, etc A Ban on Taxpayer Funded Travel to Indiana LEG 785- 68. Pridgen Pilot Plan for Upkeep of Public and Private Vacant Lots CD 786- 69. Rivera Waiver of Fees for PS 212 Leonardo Da Vinci Picnic APP 787- 70. Rivera Waiver of Fees for Seneca Nation Bflo Resource Center APP 776- 17. 15 -516 Com Summer Camp APP 788- 71. Scanlon Waive Park Rental and Event Fees for Parade of Circles APP 789- 71A Smith Set Public Hearing- Abandonment and Sale Portions of Carroll St & Hydraulic St ADOPT 790- 71 B Smith Waive Band Shell Fee For Taking it to the Streets APP 791- 71 C Smith Waive Park Rental for Various Events APP 792- 72. Wyatt Budget & Personnel Amendment - Buildings APP 793- 73. Wyatt Budget & Personnel Amendment - Police APP 794- 74. Wyatt Comm of Deeds Public Duties ADOPT 795- 75. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 760- 1. 15 -593 Com Mar 31 Appoint Principal Accountant (Prov)(Inter)(Cahill)(Compt) APP 761- 2.15 -594 Com Mar 31 Appoint Principal Auditor (Prov)(Inter)(Wozniak)(Compt) APP 762- 3. 15 -595 Com Mar 31 Appoint Senior Accountant (Prov)(Inter)(Belton) (Com pt) APP 763- 4.15 -618 Com Mar 31 Appoint Personnel Clerk (Martinez)(Perm)(Inter)(HR) APP 764- 5.15 -623 Com Mar 31 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 765- 6.15 -643 No Mar 31 Amend 2014 -15 Annual Action Plan and Prior Yrs for CDBG and HOME (Strat Plan)( #482, 3/17) APP 766- 7.15 -439 No Mar 3 J. Golombek- Municipal Broadband R &F 767- 8. 15 -114 No Jan 20 D. Smith - Hamburg Village Bd Considers Installing Free Wi -Fi R &F 768-9. 14 -2389 No Nov 25 R. Wyatt- Community Mtg to Address Plans for Former Budwey's Market R &F 769- 10. 14 -1785 No Sept 2 R. NC Wyatt -V. Johnson & Others - Against McCarthy Park Practice Field Quality of Life R &F 770- 11. 14 -1606 No July 22 M. LoCurto- Testimony Worker Cooperative for Buffalo R &F LEGISLATION 771- 12. 15 -615 Com Mar 31 Food Store License (New) -352 Walden (Fill) APP W /COND 772- 13. 15 -629 No Mar 31 E. Rushikana, Agent, Use 468 Niagara to Reestablish a Grocery Store in the Niagara River Coastal Special Review District(EII)(hrg 4/7) APP W /COND 773- 14. 15 -630 No Mar 31 P. Lang, Agent, Use1502 Niagara to Convert a 6 Story Masonry Warehouse to a 41 Unit Multiple Dwelling With First Floor Mixed Occupancy in the Niagara River Coastal Special Review District(Nia)(hrg 4/7) APP 774- 15. 15 -633 No Mar 31 J. Dallos, Jr, Owner, Use 1122 Hertel to Alter the Fagade of a Tavern in the Hertel Ave Special Zoning District(Del)(hrg 4/7) APP 775- 16. 15 -634 No Mar 31 A. Sofian, Owner, Use 1110 Lovejoy To Use Retail Space Under New Ownership in the Lovejoy Special Zoning District(Lov)((hrg 4/7) APP 776- 17. 15 -516 Com Mar 17 Lodging House License -288 LInwood(Ell)(EDPI) APP 777- 18. 15 -535 No Mar 17 D. Morales, Owner, Use 490 Niagara St. to Reestablish a Retail Store in the Niagara Coastal Special Review District (EII)(hrg 3/24) APP 778- 19. 15 -448 No Mar 3 F. Lazarus, Agent, Use 475 Ellicott -Erect LED Billboard Ground Sign in the Downtown Opportunity District(EII)(Hrg 3/10) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY APRIL 14, 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 March 31, 2015 were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE FROM THE BUFFALO ARTS COMMISSION NO. 685 APPROVAL OF TEMPORARY INSTALLATION- SILENT POETS (ARTS) The Buffalo Arts Commission recommends that your Honorable Body approve the attached proposal for the temporary installation of Silent Poets along Canalside. This proposal from the Albright Knox Art Gallery has been reviewed and deemed worthy of public display. Mr. Smith 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 proposal from the Albright Knox Art Gallery for the temporary installation of "Silent Poets" along Canalside for public display. PASSED AYES -9 NOES -0 FROM THE OFFICE OF CITIZEN SERVICES NO. 686 SUBMISSION OF MONTHLY REPORT FOR MARCH 2015 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for March 2015, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 687 LEASE PORTION OF HANNAH STREET FILLMORE DISTRICT ITEM NO. NO. 4, C.C.P.12/12/06 The Office of Strategic Planning, Division of Real Estate, has received a request from Shari Tona, Administration Manager of Simrex Corporation located at 1223 William Street requesting to lease approximately 2,162 sq. ft. at the dead end portion of Hannah Street. Previously, 1175 William Street, LLC was leasing this portion of Hannah Street from the City. Simrex Corporation purchased 1223 William from 1175 William Street, LLC and wishes to continue to utilize the street. The parcel consists of approximately 2,162 square feet of land. The property will be used for parking, access to the back of their property and for security purposes. The Department of Public Works, Parks & Streets has been contacted and they have no objections providing certain conditions are met such as the access to maintaining underground utilities, no permanent structures are to be built on the property, lessee is to maintain and keep property clean and clear of snow and debris and provide required liability insurance. Ms. Tona on behalf of Simrex Corporation has agreed to the above conditions and will pay an annual rental of $250.00. The rental figure is based upon the value of the property $2,162 times an annual rate of return to the City of Buffalo @ 11.5 %. The lease terms shall include but not be limited to the following: 1. The lease terms shall be for a five year period. 2. Tenant has a right to, subject to Landlord's prior approval and further subject to Tenant's procurement of the required permitting, to install appropriate gated security fencing at the property at tenant's sole expense. 3. Annual renal fee of Two Hundred Fifty Dollars. Payable on the 1 St of April of each year. 4. Subject to cancellation at any time by Landlord upon 30 day written notice to tenant. 5. Tenant agrees to maintain the property at Tenant's sole expense during the term of the lease including keeping the property free and clear of all snow, ice and debris. 6. Tenant shall comply with all requests and instructions from Landlord concerning inspection, etc. 7. Tenant provide open access to the property to the Landlord and to all utility companies. With the Landlord and utility companies having the right to maintain, repair and or replace the utilities that are in, on, under or near the leased property. 8. Tenant shall not build or construct any permanent structure on the property without prior written approval of the Landlord. 9. Tenant agrees to hold the City of Buffalo harmless. Type and amount to be determined by the City Law Dept. I am recommending that Your Honorable Body approve a lease agreement between the City of Buffalo and Simrex Corporation upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 14, 2015, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a lease agreement with Shari Tona, Administration Manager of Simrex Corporation, located at 1223 Williams Street, to lease approximately 2,162 sq. ft. of the dead end portion of Hannah Street to be used as a parking lot, access to the back of their property, and for security purposes. This portion of Hannah Street was previously leased by 1175 William Street, LLC. Simrex Corporation purchased 1223 William Street from 1175 Williams Street, LLC and wishes to continue to utilize the street. Ms. Tona, on behalf of Simrex Corporation, agrees to pay an annual rental of $250.00. The lease terms shall include, but not be limited to, the following conditions: 1. The lease terms shall be for a five (5) year period. 2. Simrex Corporation has the right to, subject to City's prior approval and further subject to Simrex Corporation's procurement of the required permitting, to install appropriate gated security fencing at the property at Simrex Corporation's sole expense. 3. The annual rental fee of $250.00 is payable on the 1 sc of April of each year. 4. The lease is subject to cancellation at any time by the City upon 30 days written notice to Simrex Corporation. 5. Simrex Corporation agrees to maintain the property at their sole expense during the term of the lease, including keeping the property free and clear of all snow, ice and debris. 6. Simrex Corporation shall comply with all requests and instructions from the City concerning inspection, etc. 7. Simrex Corporation shall provide open access to the property to the City and to all utility companies, with the City and utility companies having the right to maintain, repair and /or replace the utilities that are in, on, under or near the leased property. 8. Simrex Corporation shall not build or construct any permanent structure on the property without prior written approval of the City. 9. Simrex Corporation agrees to hold the City harmless. Type and amount to be determined by the City's Law Department. That the Common Council hereby approves the lease agreement between the City of Buffalo and Simrex Corporation upon the above terms and conditions; and that the Common Council hereby authorizes the Corporation Counsel to prepare the necessary lease agreement; and that the Common Council hereby authorizes the Mayor to execute same. PASSED AYES — 9 NOES - 0 NO. 688 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO SOCIETY OF NATURAL SCIENCES FOR USE OF 1020 HUMBOLDT PKWY(AKA PORTION OF 175 NORTH PARADE MASTEN DISTRICT CCP# 66,10/19/2010 The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Laurence Rubin, Attorney on behalf of the Buffalo Museum of Science requesting to renew their lease agreement for use of 1020 Humboldt Parkway ( also known as a portion of 175 North Parade). The currently lease expires on April 30, 2015 and they are requesting to renew the lease for an additional 5 year period commencing on May 1, 2015 and expiring on April 30, 2020 all other terms and conditions of the expired lease shall remain. The lease terms shall include but not limited to the following: 1. Annual rental fee shall be $1.00 and no more. 2. The City shall be responsible for only those items which can be covered by a bond issue, including additions to the building and /or reconstruction, as defined by the New York State Finance Law, and any other capital improvements necessary to keep the building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair, including but not limited to: a. Replacement of roofing, gutters, conductors, fences, sidewalks and sewers. b. Replacement of heating, ventilation and air conditioning equipment. c. Keep the roadways, sidewalks, grounds and approaches in good condition and passable for use. 3. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building and the premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. Such maintenance by the Society shall include, but shall not be limited to the following items: a. Furnish and install light bulbs, tubes or fuses. b. Make minor repairs to plumbing, i.e. replace faucet bibs, adjust or replace closet valves, remove stoppages in sick traps and toilet bowls. c. Make adjustments and minor repairs to oil and gas burners, heating equipment and air conditioning. d. Do routine glazing. e. Adjust and repair door locks and door check. f. Do all interior painting g. Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition. 4. The Society shall not assign this lease nor sublet all or any part of the building without the prior written consent of the City, which consent shall not be unreasonable withheld. Notwithstanding the foregoing sentence, groups, societies or other entities which are affiliated with the Society may occupy portions of the building without the City's prior written consent. 5. The cost of utilities shall be governed pursuant to the provisions contained in a separate agreement between the Board of Education of the City of Buffalo and the Buffalo Society of Natural Sciences, Inc., such agreement made on the 28 day of January, 1998 and commonly known as a "Phase II Agreement ". 6. The Lessee will provide liability insurance and hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office. 7. Subject to any other terms and conditions deemed necessary by the City of Buffalo's Corporation Counsel's Office. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing on May 1, 2015 and terminating on April 30, 2020. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 24, 2015, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to renew the lease agreement between the City of Buffalo and the Buffalo Society of Natural Sciences (the "Society ") for use of 1020 Humboldt Parkway (also known as a portion of 175 North Parade). The current lease expires on April 30, 2015, and this request is being made to renew the lease for an additional five (5) year period commencing on May 1, 2015 and expiring on April 30, 2020. All other terms and conditions of the expired lease shall remain. The lease terms shall include, but not be limited to, the following: 1. The annual rental fee shall be $1.00 and no more. 2. The City shall be responsible for only those items which can be covered by a bond issue, including additions to the building and /or reconstruction, as defined by the New York State Finance Law, and any other capital improvements necessary to keep the building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair, including, but not limited to: a. Replacement of roofing, gutters, conductors, fences, sidewalks and sewers. b. Replacement of heating, ventilation and air conditioning equipment. c. Keeping the roadways, sidewalks, grounds and approaches in good condition and passable for use. 3. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building and the premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. Such maintenance by the Society shall include, but not be limited to, the following terms a. Furnish and install light bulbs, tubes or fuses. b. Make minor repairs to plumbing, i.e., replace faucet bibs, adjust or replace closet valves, remove stoppages in sink traps and toilet bowls. c. Make adjustment and minor repairs to oil and gas burners, heating equipment and air conditioning. d. Do routine glazing. e.Adjust and repair door locks and door check. f. Do all interior painting. g. Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition. 4. The Society shall not assign the lease nor sublet all or any part of the building without the prior written consent of the City, which consent shall not be unreasonably withheld. Notwithstanding the foregoing sentence, groups, societies or other entities which are affiliated with the Society may occupy portions of the building without the City's prior written consent. 5. The cost of utilities shall be governed pursuant to the provisions contained in a separate agreement between the Board of Education of the City of Buffalo and the Buffalo Society of Natural Sciences, Inc., such agreement made on January 28, 1998, and commonly known as "Phase II Agreement ". 6. The Society shall provide liability insurance and hold the City harmless from any and all liability, in an mount determined by the City's Corporation Counsel's Office. 7. Subject to any other terms and conditions deemed necessary by the City of Buffalo's Corporation Counsel's Office. That the Common Council hereby authorizes the Corporation Counsel to prepare the necessary documents to renew said lease and that the Common Council hereby authorizes the Mayor to execute the same. PASSED AYES — 9 NOES — 0 NO. 689 REPORT OF SALE 30' PORTION OF 1391 GENESEE VACANT LOT EAST COR WASMUTH LOT SIZE 90'X 97 ASSESSED VALUATION: $7,800 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Betty Walker, 101 Wasmuth, Buffalo, New York 14211 to purchase 30' portion of 1391 Genesee Street. Mrs. Walker intends to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to One Dollar ($1.00) per square foot. Mrs. Walker has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Thirty Five Cents ($.35) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 30' Portion of 1391 Genesee to Mrs. Walker in the amount of One Thousand Nine Hundred Dollars ($1,900). 1 Mrs. Walker 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. Walker 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 March 24, 2015, be received and filed; That the offer from Mrs. Betty Walker of 101 Wasmuth, Buffalo, New York 14211, in the amount of One Thousand Nine Hundred Dollars ($1,900.00) for the purchase of a 30' portion of 1391 Genesee Street 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 purchaser agrees to provide a signed full release and indemnity to the City of Buffalo 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. 690 REPORT OF SALE 69 HAMILTON VACANT LOT 100 N VIRGINIA LOT SIZE 82'X 33' ASSESSED VALUATION: $4,700 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Naim Halimy, 184 East, Buffalo, New York 14207 to purchase 69 Hamilton. Mr. Halimy intends to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar Fifty Cents ($1.50) per square foot. Mr. Halimy has agreed and is prepared to pay Four Thousand Dollars ($4,000), One Dollar Forty Seven Cents ($1.47) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 69 Hamilton to Mr. Halimy in the amount of Four Thousand Dollars ($4,000). 1. Mr. Halimy 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. Halimy 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 March 24, 2015, be received and filed; That the offer from Mr. Naim Halimy of 184 East, Buffalo, New York 14207, in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 69 Hamilton 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. 691 REPORT OF SALE 63 HARMONIA VACANT LOT 491 S WALDEN LOT SIZE: 30'X 80" ASSESSED VALUE: $1,400 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Tony R. Mojib 57 Harmonia Street, Buffalo, New York 14211 to purchase 63 Harmonia Street. Mr. Mojib owns property in the surrounding area. He would like to purchase the lot for additional greenspace. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Mr. Yousef has agreed and is prepared to pay Sixty Five Cents ($.65) per square foot for a total of One Thousand Five Hundred Dollars ($1,500) 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 63 Harmonia for the amount of One Thousand Five Hundred Dollars ($1,500) to Mr. Mojib. 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 March 24, 2015, be received and flied; That the offer from Mr. Tony R. Mojib of 57 Harmonia, Buffalo, New York 14211, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 63 Harmonia 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. 692 REPORT OF SALE 45 MILLS VACANT LOT 405 N BROADWAY LOT SIZE: 30'X 113' ASSESSED VALUE: $1,600 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Walter Karyczak and Mrs. Rose Karyczak, 47 Mills, Buffalo, New York 14220 to purchase 45 Mills Street. Mr. and Mrs. Karyczak would like to purchase the lot for added green space for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($:75) per square foot. Mr. and Mrs. Karyczak has agreed and is prepared to pay Fifty Three Cents ($.53) per square foot for a total of One Thousand Eight Hundred Dollars ($1,800) 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 45 Mills for the amount of One Thousand Eight Hundred Dollars ($1,800) to Mr. and Mrs. Karyczak. 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 March 24, 2015, be received and filed; That the offer from Mr. Walter Karyczak and Mrs. Rose Karyczak of 47 Mills, Buffalo, New York 14212, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 45 Mills 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. 693 REPORT OF SALE 186 STANISLAUS VACANT LOT NW CORNER OF ROTHER LOT SIZE 65'X 100' ASSESSED VALUATION: $2,600 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Atiqur Rahman. 178 Stanislaus, Buffalo, New York 14212 to purchase 186 Stanislaus Ave. Mr. Rahman intends to use the property for a new home. Mr. Rahman has provided proof of financial ability to complete the purchase and construction. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to Seventy Five Cents ($.75) per square foot. Mr. Rahman has agreed and is prepared to pay Three Thousand Two Hundred Dollars ($3,200), Fifty Cents ($.50) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 186 Stanislaus to Mr. Rahman in the amount of Three Thousand Two Hundred Dollars ($3,200). 1. Mr. Rahman 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. Rahman 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 March 24, 2015, be received and filed; That the offer from Mr. Atiqur Rahman of 178 Stanislaus, Buffalo, New York 14212, in the amount of Three Thousand Two Hundred Dollars ($3,200.00) for the purchase of 186 Stanislaus be and hereby is accepted; That the purchases 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. 694 REPORT OF SALE 17 STOCKBRIDGE Single Family 146 E Bailey Lot Size: 30'x 110" Assessed Value: $25,000 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ibrahim Cisse on behalf of Uptown Theatre of Buffalo, LLC, 3167 Bailey Ave Buffalo, New York 14215 to purchase 417 Stockbridge Avenue. Uptown Theatre of Buffalo, LLC, owns property in the surrounding area They would like to purchase the lot in order to create parking for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar ($1.00) per square foot: Mr. Cisse has agreed and is prepared to pay Ninety Three Cents ($.93) per square foot for a total of Three Thousand One Hundred Dollars ($3,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 384 Sweet for the amount of Three Thousand One Hundred Dollars ($3,100) to Mr. Cisse. 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. 695 CERTIFICATE OF DETERMINATION - TERMS, FORM AND DETAILS OF ISSUANCE OF $30,078,985 GENERAL IMPROVEMENT SERIAL BONDS CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $30,078,985 GENERAL IMPROVEMENT SERIAL BONDS -2015 OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING FOR THE PUBLIC SALE THEREOF I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: (1) Authorization, Principal, Amount, Maturity Schedule Issue Date and Designation: (a) Bonds of the City (the "Bonds ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in such Appendix shall be issued pursuant to the bond resolutions duly adopted by the Common Council on their respective dates as set forth in Appendix A, and shall mature, with substantially level or declining debt service, on April 1 in the aggregate principal amounts and in each of the years as detailed in the amortization schedules in Appendix A. The weighted average period of probable usefulness for said bonds is hereby determined to be 11.89 years as detailed in the attached schedules in Appendix A hereto. $6,356,089 of the proceeds of the Bonds, together with $1,011,310 current funds of the City, will be applied to redeem a $7,367,399 portion of the City's bond anticipation notes maturing on April 29, 2015 and $23,722,896 of the proceeds of the Bonds will be applied to provide new original financing for each of the respective purposes as set forth in Appendix A. (b) All of said bonds hereinabove referred to in Appendix A, row I shall be combined, for the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $30,078,985 and each of said Bonds shall be designated "General Improvement Serial Bonds - 2015 ". (c) Such maturity schedules may be revised following the sale of the bonds, in accordance with the Notice of Sale referred to hereinafter, to meet the requirements of substantially level or declining debt service. Any such revised maturity schedule will be set forth in the Certificate of Award filed with the Common Council after the sale of the Bonds. (2) Interest Rate. Dates and Medium of Payment. The Bonds shall bear interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in multiples of one - hundredth of 1 % or multiples of one - eighth of 1 % which the Bonds are to bear, and said bidder may state different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be determined by the undersigned Comptroller upon the receipt of bids therefor, as hereinafter set forth, payable on April 1, 2016, October 1, 2016 and semi - annually thereafter on April 1 and October 1 in each year until maturity, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date. The Bonds are not subject to redemption prior to maturity. (3) Bond Insurance. If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. (4) Denominations, Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2016, not exceeding the aggregate principal amount of Bonds maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The 2015 Bonds shall be lettered R, and shall be numbered separately from one (1) consecutively upward in the order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein. (5) Book -Entry S /stem. The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records Of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof, except for one necessary odd denomination maturing in the year 2016. Beneficial owners of the Bonds will not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. (6) Discontinuance of Book Entry System. In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. (7) Fiscal Agent. Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. (8) Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. (9) Transfer of Bonds. Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. (10) Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. (11) Sale of Bonds. The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on April 15, 2015 until 11:00 a.m. (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notice of Sale in substantially the form as provided in Appendix B, which shall be published at least once in "The Bond Buyer" published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of said sale. Award of the Bonds will be made by the City Comptroller. Delivery of the Bonds shall be effected on or about April 28, 2015, upon (i) receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. (12) of Bonds. Said Bonds shall be in substantially the form set forth in Appendix C hereto.(13) SEC Rule 15c2 -12. In order to assist bidders in complying with Rule 15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance of the successful bidder's proposal for each series, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix D hereto. Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 1 st day of April, 2015. RECEIVED AND FILED NO. 696 LETTERS TO MANAGEMENT FROM INDEPENDENT AUDITORS Attached please find the letter to management from independent auditors Dresher & Malecki resulting from their audit of the basic financial statements of the City. Please contact me if you have any questions or concerns. Copy available for review in the City Clerk Office REFERRED TO THE COMMITTEE ON FINANCE NO. 697 SINGLE AUDIT OF FEDERAL FINANCIAL ASSISTANCE PROGRAMS Attached is the "single audit" of federal financial assistance programs received by the City of Buffalo, New York for the fiscal year ending June 30, 2014. This document is comprised of separate reports for the City of Buffalo Primary Government, the Buffalo Urban Renewal Agency Component Unit, and the Buffalo Board of Education Component Unit. Management of each component unit is responsible for establishing and maintaining the internal control structure necessary to facilitate accurate reporting and compliance with applicable laws and regulations. The reports of the independent auditors include, where applicable, their findings and recommendations and management's response. The reports were prepared in accordance with generally accepted auditing standards, as required by the U.S. Office of Management and Budget's Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. I respectfully acknowledge the continuing efforts of the staff of each component unit, their independent auditors, the Mayor, and your Honorable Body for assistance in compiling this report. Please contact me if you have any questions or concerns. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 698 CERTIFICATE OF NECESSITY - TRANSFER OF FUNDS GENERAL CITY POLICE & FIRE PENSIONS 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 $1,202,000 be transferred and reappropriated as set forth below: From: 17303002 - 423002 General City Police & Fire Pension $1,202,000 To: 12136006- 443303 Fire Fleet Maintenance - Vehicle Drive Train Repair $ 100,000 13296006- 443200 Public Works - Buildings Repairs $ 202,000 15050006 - 443303 Public Works- Streets - Vehicle Drive Train Repairs $ 350,000 15050006 - 443302 Public Works- Streets - Vehicle Body Repairs $ 50,000 15030005 - 461106 Public Works - Street Cleaning - Salt & Sand $ 500,000 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 699 AUTHORIZATION FOR MANAGEMENT AGREEMENT MODIFICATION FOR ERIE BASIN MARINA NAUTICAL OPERATIONS BETWEEN CITY OF BUFFALO AND SMITH BOYS BUFFALO HARBOR, INC. I hereby submit to your Honorable Body the following Agreement Modification between City of Buffalo and Smith Boys Buffalo Harbor, Inc. for the Erie Basin Marina Nautical Operations. As per terms of current management agreement, the annual business plan for the Erie Basin Marina Nautical Operations have been submitted by Smith Boys, Inc. and reviewed by the Department of Public Works, Parks and Streets. Please find attached to this communication a copy of the Agreement Modification necessary to maximize services in, and efficient operation of, the Erie Basin Marina Nautical Operations. Authorization is hereby requested from Your Honorable Body for this no cost Agreement Modification subject only to such clarification as may be recommended by Corporation Counsel in finalizing the Agreement modification. 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 9, 2015, be received and filed; and That the Common Council hereby approves the Agreement Modifications between the City of Buffalo and Smith Boys Buffalo Harbor, Inc. for the Erie Basin Marina Nautical Operations. PASSED AYES 9, NOES 0 NO. 700 CHANGE IN CONTRACT CARS ON MAIN STREET- 600 BLOCK CONTRACT #93001014 - DIDONATO ASSOCIATES PIN #5822.12 ELLICOTT DISTRICT Contract Summary Contract Amount: $1,794,715.00 + Amount of Change Order: $ 484,226.02 Revised Contract Amount: $2,278,941.02 City Share of Change Order - $0.00 — Shift of funds from Construction to Construction Administration and Inspection I hereby submit to your Honorable Body the following change for this contract. DiDonato Associates is the Engineering Consultant for the Cars on Main Street - 600 Block project for the City of Buffalo. This referenced contract provided for the Construction Administration and Inspection of the 600 Block project, which was a collaborative effort between the City and NFTA. In addition, this is a federally funded project and the funding breakdown is 80% Federal, 15% NYSDOT and 5% City. This increase was necessitated to provide a Hazard Analysis for Federal and State agencies certifying operations and safety of incorporating vehicular and train traffic together on and along the existing track bed. In addition, these certifications involved providing additional traffic signal, track bed, rail and train control work for the project. The need for this Hazard Analysis was unknown at the time the original contract was negotiated. Sufficient funds exist within the overall project fund to pay for this work, as a shift from the Construction phase to the Construction Administration phase is all that is needed. Federal and State approval has already been obtained for change order. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase and transfer $484,226.02 to the Construction Administration contract. Funds are available in Capital Projects Account: 31910006 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 8, 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 $484,226.02 (Contract Amount $1,794,715.00 + Change Order $484,226.02 for a Revised Contract Amount of $2,278,941.02) for the Cars on Main Street - 600 Block - Project, to DiDonato Associates; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to transfer $484,226.02 to the Construction Administration Contract. The funds are available in Capital Projects Account #31910006 - 445100. PASSED AYES 9, NOES 0 NO. 701 CHANGE IN CONTRACT CARS ON MAIN STREET- 600 BLOCK CONTRACT #93001015 - MARK CERRONE, INC. PIN #5822.12 ELLICOTT DISTRICT Contract Summary Contract Amount: $6,070,440.90 Deduct Amount: $ 484,226.02 Revised Contract Amount: $5,586,214.88 City Share of Change Order - $0.00 - Shift of funds from Construction Administration and Inspection to Construction I hereby submit to your Honorable Body the following change for this contract. Mark Cerrone, Inc. is the General Contractor for the Cars on Main Street- 600 Block project for the City of Buffalo. This referenced contract provided for the Construction of the 600 Block project, which is a federally funded project and the funding breakdown is 80% Federal, 15% NYSDOT and 5% City. The construction phase of this project has recently been completed and surplus funds exist within the overall project fund. This deduct is being requested to provide additional funds for the Cars on Main Street - 600 Block Construction Administration Contract. I respectfully request that your Honorable Body approve the subject deduct change order and authorize the Commissioner of Public Works, Parks and Streets to issue said deduct of $484,226.02 from the Construction contract. Funds are available in Capital Projects Account: 31910006- 445100. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 8, 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 $484,226.02 (Contract Amount $6,070,440.90 + Change Order $484,226.02 for a Revised Contract Amount of $5,586,214.88) for the Cars on Main Street - 600 Block - Project, to Mark Cerrone, Inc. The funds are available in Capital Projects Account #31910006 - 445100. PASSED AYES 9, NOES 0 NO. 702 CHANGE IN CONTRACT CAZENOVIA POOL STEEL AND ROOF REPLACEMENT SOUTH DISTRICT Prior Council Reference: Item #2454 of CCP of 12/9/14 1 hereby submit to Your Honorable Body the following change in Scope of Work for Cazenovia Pool Steel and Roof Replacement, DiDonato Associates C #93001460. • Professional Design Services - Supplemental Environmental Testing Add $ 5,150.00 Summary: Original Contract Approved Amount $28,700.00 Amount of This Change Order $ 5,150.00 Revised Contract Amount $33,850.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account 37321306 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 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 $5,150.00 (Contract Amount $28,700.00 + Change Order $5,150.00 for a Revised Contract Amount of $33,850.00) for the Cazenovia Pool Steel and Roof Replacement, to DiDonato Associates, C #93001460. The funds are available in Account #37321306 - 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 703 CHANGE IN CONTRACT WOMEN'S HOLDING AREA ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the City Court, Women's Holding Center, Sicoli Construction., contract #93001425. Various changes to scope of work Add $ 16,035.40 Summary: Original Contract Approved Amount $591,000.00 Amount of This Change Order $ 16,035.40 Revised Contract Amount $607,035.40 Costs have been reviewed by the consultant Kideney Architects PC and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for his work will be available in account #13296007- 473020. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 4, 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 $16,035.40 (Contract Amount $591,000.00 + Change Order $16,035.40 for a Revised Contract Amount of $607.035.40) for the City Court, Women's Holding Center, to Sicoli Construction, C #93001425. The funds are available ill Account #13296007- 473020. PASSED AYES 9, NOES 0 NO. 704 CHANGE IN CONTRACT WOMEN'S HOLDING AREA CITY COURT BASEMENT 60 DELAWARE AVENUE ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for Numarco Inc., Contract #93001422. 1. To increase the sizing of the floor drains and sanitary lines Add $ 12,648.00 Summary: Original Contract Approved Amount $136,000.00 Amount of This Change Order $ 12,648.00 Revised Contract Amount $148,648.00 Costs have been reviewed by the consultant Kideney Architects PC and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 13296007- 473020 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated April 2, 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 mount of $12,648.00 (Contract Amount $136,000.00 + Change Order $12,648.00 for a Revised Contract Amount of $148,648.00) for the City Court, Women's Holding Center, to Sicoli Construction, C #93001425. The funds are available in Account #13296007- 473020. PASSED AYES 9, NOES 0 NO. 706 NOTICE OF EMERGENCY CONTRACTING 2014 NOVEMBER TO REMEMBER SNOW REMOVAL EFFORT AMENDMENT FOR ADDITIONAL CONTRACTOR Prior Council Reference: Item 306 of 2/17/15 Pursuant to Chapter 16 -3 of the City Charter and Chapter 103 [4] of New York State General Municipal Law, the Department of Public Works, Parks and Streets entered into agreements with several contractors to perform snow removal services. Your Honorable Body approved the standard agreement and list of contractors in the subject prior Council reference. My office is requesting approval of the following addition to the approved contractor list: Yarussi Construction Inc. 5650 Simmons Ave Niagara Falls, NY 14304 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 6, 2015, be received and filed; That the Common Council, pursuant to Chapter 16 -3 of the City Charter, and Chapter 103 [4] of the New York State General Municipal Law, hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the approved contractor list to include Yarussi Contracting, Inc. for emergency snow removal services. PASSED AYES 9, NOES 0 NO. 706 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR PROCUREMENT AND CONSTRUCTION MANAGEMENT SERVICES FOR REPAIR AND REPLACEMENT OF INFRASTRUCTURE DAMAGED BY THE 2014 NOVEMBER TO REMEMBER STORM SOUTH AND LOVEJOY COUNCIL DISTRICTS I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide procurement and construction management services for multiple construction contracts that are required to repair or replace infrastructure that was damaged during the 2014 November to Remember Storm. The costs for consulting services are estimated not to exceed 10% of total the construction cost in accordance with FEMA guidelines for reimbursement. The funds are available in Grant account(s) 25125006 434000 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 9, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting procurement and construction management services for multiple construction contracts that are required to repair or replace infrastructure that was damaged during the 2014 November to Remember Storm. The consultant will be chosen through a Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed 10% of the total construction cost in accordance with FEMA guidelines for reimbursement. The funds are available in Grant Account(s) #25125006 434000 and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 707 PERMISSION TO ENTER IN AGREEMENT WITH M &T BANK FOR INSTALLATION AND OPERATION OF BUFFALO CONNECT DOWNTOWN PUBLIC WIFI SYSTEM ELLICOTT & FILLMORE DISTRICTS I hereby submit to your Honorable Body the attached license agreement between the City of Buffalo and M &T Bank for the installation and operation of a free to the public WiFi system proposed to be installed by M &T at no cost to the City along Main Street, the Inner Harbor area and into the Erie Basin Marina property. The license agreement has been reviewed by the Department of Public Works, Parks and Streets in cooperation with the Corporation Counsel's office and the Management Information Systems Department and was determined to be acceptable. Authorization is hereby requested from Your Honorable Body for the Commissioner of Public Works, Parks and Streets to enter into this License Agreement subject only to such clarifications as are recommended by the Corporation Counsel in finalizing the License Agreement. Thank you for your consideration. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated April 9, 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 lease agreement with the with M &T Bank for the installation and operation of a free to the public Wi -Fi system proposed to be installed by M &T Bank, at no cost to the City, along Main Street, the Inner Harbor area and into the Erie Basin Marina property, subject only to such clarifications as are recommended by the City's Corporation Counsel's Office in finalizing the license agreement. The license agreement has been reviewed by the Department of Public Works, Parks and Streets and the Management Information Systems Department and was determined to be acceptable. PASSED AYES — 9 NOES — 0 NO. 708 PERMISSION TO AMEND AGREEMENT FOR RECYCLING EDUCATION AND MARKETING CAMPAIGN SERVICES #1712 APPROVED ON SEPTEMBER 2, 2014 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to amend an existing agreement with Block Club, Inc. for Recycling Education and Marketing Campaign Services, designed to help increase recycling rates in the City of Buffalo. The contract period is from September 18, 2014 through the completion of the deliverables on December 31, 2017. The additional costs for consulting services and media purchasing are estimated not to exceed an additional $30,000.00 for a total contract cost of $80,000 for Fiscal Year 2014 -2015. The funds are available in account 52002606- 454000 and /or an account(s) to be named at a later date. BLOCK CLUB, INC. has been selected through the Request for Qualifications and Proposal process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated April 10, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to amend the existing agreement with Block Club, Inc. for Recycling Education and Marketing Campaign Services, for additional costs for consulting services and media purchasing not to exceed $30,000.00, for a total contract cost of $80,000.00 for Fiscal Year 2014 -2015, upon the following condition: 1. They must appear before the Community Development Committee. The contractor was chosen through a Request for Qualifications and Proposal Services (RFQ /RFP) process. The funds are available in Account #52002606- 454000 and /or an account(s) to be named at a later date. PASSED AYES - 9 NOES- 0 NO. 709 REPORT OF BIDS AUTULUNWOOD COMMUNITY CENTER PUBLIC IMPROVEMENTS PROJECT #A40 -50205 CDBG FUNDED YR. 40 1 requested on March 23, 2015 and received the following bids for the Autumnwood Community Center Public Improvements, which, were read on April 6, 2015: BASE BID ALT #1 ALT #2 TOTAL 'Nichter Construction, Inc $104,000.00 $67,000.00 $ 5,000.00 $176,000.00 Grove Roofing $146,900.00 $75,000.00 $ 4,800.00 $226,700.00 Progressive Roofing Inc $204,600.00 $124,000.00 $15,000.00 $343,600.00 'Bid withdrawn by contractor I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services Inc. is the lowest responsible bidder in accordance with the plans and specifications for a total bid of $226,700.00, and a 10% contingency of $22,670.00 for a total of Two Hundred Forty Nine Thousand Three Hundred Seventy Dollars and 00/100 ($249,370.00). 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 DJ9132037- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 7, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Autunmwood Community Center Public Improvements, with Grove Roofing Services Inc., with a total bid of $226,700.00 (Base Bid of $146,900.00 + Alt. #1 $75,000.00 + Alt. #2 $4,800.00 + 10% Contingency ef$22,670.00 for a Total Bid of $146,900.00). Funding for this project is available in Account #DJ9B2037- 470000. PASSED AYES — 9 NOES - 0 NO. 710 REPORT OF BIDS BEARING REHABILITATION /REPLACEMENT AT THREE BRIDGES AND APPROACH WALL REHABILITATION AT ONE BRIDGE IN THE CITY OF BUFFALO This is to advise Your Honorable Body that I have advertised and received bids on March 31, 2015 The lowest three bids were Contractor Base Bid Alternate A Base + Alt Total Bid BVR Construction Company, Inc. $764,618.00' $43,600.00 $808,218.00 $889,039.80 8 King Road Churchville, NY 14228 L.C. Whifford Co., Inc. $765,639.00' $42,900.00 $808,539.00 $889,392.90 164 North Main Street Wellsville, NY 14895 Nichols Long & Moore Const. Co. $815,870.00 $33,424.00 $849,294.00 $934,223.40 149 Gannville Rd. Lancaster, NY 14086 'Corrected Amount I hereby certify that the lowest responsible bidder for the above project is BVR Construction Company, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to BVR Construction Company, Inc. in the amount of $889,039.80. (Base Bid of $764,618.00 + [Alternate A] $43,600.00 + [10% unit price increases] $80,821.80equnls [Total Award] $889,039.80). The engineer's estimate for this work including Alternate A is $647,120.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #32240006 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 6, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the bearing rehabilitation /replacement at three bridges and approach wall rehabilitation at one bridge in the City of Buffalo, with BVR Construction Company, Inc., with a total bid of $889,039.80 (Base Bid of $764,618.00 + Alt. A of $46,600.00 + 10% unit price increase of $80,821.80 for a Total Bid of $889,039.80). This project is 95% reimbursed Federal Aid Highway Project, and fluids for this project are available in Capital Account #322400006 - 445100, and an account to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 711 REPORT OF BIDS CITY -WIDE MILL AND OVERLAY 2015 CDBG YR -40 DPW GROUP 818A 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 Plus Alternate I Amherst Paving, Inc $927,169.80 $1,371,409.24 330 Meyer Rd. Amherst, NY 14226 Destro & Brothers Concrete Co. Inc. $942,232.00 $1,394,481.00 411 Ludington St. Buffalo, NY 14206 1 hereby certify that the low bidder for the above project is Amherst Paving, Inc. I respectfully recommend a contract award in the amount $1,508,550.17 ($927,169.80 -Base Bid + $444,239.44 - Alternate Bid +$137,140.93 -10% unit price increase = $1,508,550.17- Total Contract Amount). Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $1,400,000.00 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 May 23, 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 Department of Public Works, Parks and Streets, dated April 8, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the City -wide mill and overlay, 2015 CDBG YR -40, with Amherst Paving, Inc., with a total bid of $1,508,550.17 (Base Bid of $927,169.80 + Alt. #1 of $444,239.44 + 10% unit price increase of $137,140.93 for a Total Bid of $1,508,550.17). Funds for this project are available in Account #DJ9B2027- 470000. PASSED AYES — 9 NOES - 0 NO. 712 REPORT OF BIDS CITY -WIDE CURB & SIDEWALK REPLACEMENT 2015 CDBG YR -40 DPWGROUP 818B 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 + Alternative I Titan Development, Inc. $414,042.49' $686,343.39' 8534 Seaman Rd. Gasport, NY 14067 P &J Construction Co. $462,414.00' $768,195.00' 709 Pleasantview Lancaster, NY 14086 Campobello Construction Co. Inc. $482,170.00 $800,000.00 23 Stratford Rd. Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is Titan Development, Inc. I respectfully recommend a contract award in the amount $754,977.95 ($414,042.49 -Base Bid + $272,301. 10 - Alternate Bid +S68,634.36 - 10% unit price increase = $754,977.95- Total Contract Amount) • Funds for this contract are available in #DJgB2027- 470000. The engineer's estimate for this work is $630,000.00 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 May 25, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. 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 10, 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 curb sidewalk replacement, 2015 CDBG YR -40, with Titan Development, Inc., with a total bid of $754,977.95 (Base Bid of $414,042.49 + Alternate Bid of $272,301.10 + 10% unit price increase of $68,634.36 for a Total Bid of $754,977.95). Funds for this project are available in Account #DJ9B2027- 470000. PASSED AYES — 9 NOES — 0 NO. 713 REPORT OF BIDS CITY -WIDE CURB & SIDEWALK REPLACEMENT 2015 CDBG YR -40 DPW GROUP 818C 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 + Alternate I Sunshine Concrete Co. Inc. $467,635.00 $778,340.00 3461 Stevenson Ct. N. Tonawanda, NY14120 P &J Construction Co. 709 Pleasantville $473,464.00' $779,357.50' Lancaster, NY 14086 Campobello Construction Co. Inc. $482,170.00 $800,000.00 23 Stratford Rd. Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is Sunshine Concrete Co., Inc. I respectfully recommend a contract award in the amount $856,174.00 ($467,635.00 -Base Bid + $310, 705.00 - Alternate Bid +$77,834.00 - 10% unit price increase = $856,174.00- Total Contract Amount). Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $630,000.00 The attached is certified to be a tree 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 May 25, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. 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 10, 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 curb sidewalk replacement, 2015 CDBG YR -40, Group 818C, with Sunshine Concrete Co., Inc., with a total bid of $856,174.00 (Base Bid of $467,635.00 + Alternate Bid of $310,705.00 + 10% unit price increase of $77,834.00 for a Total Bid of $856,174.00). Funds for this project are available in Account #DJ9B2027- 470000. PASSED AYES — 9 NOES — 0 NO. 714 REPORT OF BIDS MILK JR. PARK CASINO ENVIRONMENTAL ABATEMENT JOB #1512 MASTEN DISTRICT I requested on March 16 2015 and received the following bids for the MLK Jr. Park Casino Environmental Abatement project on April 2 ND 2015. Contractor Base Bid Alternate# 1 Metro Contracting & Environmental, Inc $109,600.00 $8,400.00 'AAC Contracting $134,477.00 $11,219.00 Mark Cerrone, Inc $155,200.00 $2,000.00 Empire Dismantlement Corp $238,000.00 $24,000.00 'Bidder deemed non - responsive. I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Contracting & Environmental, Inc., with a base bid of $109,600.00, plus Alternate #1 of $8,400.00, plus a 10% contingency of $11,800.00 for a total bid price of One Hundred Twenty Nine Thousand Eight Hundred & 00/100 Dollars ($129,800), 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 #38323206 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 8, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the MLK, Jr. Park Casino Environmental Abatement, with Metro Contracting & Environmental, Inc., with a total bid of $129,800.00 (Base Bid of $109,600.00 + Alternate #1 of $8,400.00 + 10% contingency of$11,800.00 for a Total Bid of $129,800.00). Funds for this project are available in Account #38323206 - 445100. PASSED AYES — 9 NOES — 0 NO. 716 REPORT OF BIDS ONANDAGA PARK RE- CONSTRUCTION PROJECT #040 -60206 CDBG FUNDED YEAR 40 1 requested and received the following bids for the Onandaga Park Re- Construction Public Improvements, which, were confirmed on April 10, 2015: 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development is the lowest responsible bidder in accordance with the plans and specifications for a base bid of $15,500.00, add alt. no.1 of $ 3,350.00 plus a 10% contingency of $1,885.00 for a total of Twenty Thousand Seven Hundred Thirty Five Dollars and 00/100 ($20,735.00). 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 DJ9132007- 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 7, 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 Onondaga Park Reconstruction Public Improvements, with Titan Development, with a total bid of $20,735.00 (Base Bid of $15,500.00 + Alternate #1 of $3,350.00 + 10% contingency of $1,885.00 for a Total Bid of $20,735.00). Funds for this project are available in Account #DJ9B2007- 470000. PASSED AYES — 9 NOES - 0 NO. 716 REPORT OF BIDS NORTH WEST BUFFALO COMMUNITY CENTER PUBLIC. IMPROVEMENTS PROJECT #NW40 -60203 CDBG FUNDED YR. 40 1 advertised for bids on March 23, 2015 and received the following formal bids for the North West Buffalo Community Center Public Improvements, which, were publicly opened and read on April 6, 2015: BASE BID ALT. #10 ALT. #11 ALT. #12 ALT. #14 Jameson Roofing $ 833,180.00 $9,945.00 $12,375.00 $11,250.00 $9,800.00 Progressive Roofing Inc $ 930,420.00 $5,265.00 $13,750.00 $12,500.00 $ 5,900.00 JA Sanders Roofing $1,021,408.39 $8,096.40 $11,140.25 $11,397.50 $11,574.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing, Inc. is the lowest responsible bidder in accordance with the plans and specifications with a base bid of $833,180.00„ Add Alt. No. 10 for $9,945.00, Add Alt. No. 11 for $12,375.00, Add Alt. No. 12 for $11,250.00, Add Alt. No. 14 for $9,800.00, plus 10% Contingency of $87,655.00 for a total of Nine Hundred Sixty Four Thousand Two Hundred Five Dollars and 00/100 ($964,205.00). 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 number DJgB2037- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 7, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the North West Buffalo Community Center Public Improvements, with Jameson Roofing, Inc., with a total bid of $964,205.00 (Base Bid of $833,180.00 + Alt. #10 of $9,945.00 + Alt. #11 of $12,375.00 + Alt. #12 of$11,250.00 + Alt. #14 of $9,800.00 + 10% contingency of $87,655.00 for a Total Bid of $964,205.00). Funds for this project are available in Account #DJ9B2037- 470000. PASSED AYES — 9 NOES — 0 NO. 717 REPORT OF BIDS REHABILITATION OF SOUTH PARK OVER CSX RR PIN #6760.49 CITY OF BUFFALO This is to advise Your Honorable Body that I have advertised and received bids on March 3 1, 2015. The two bids received were: Contractor Base Bid Total Bid Price Huntington Valley Construction. Inc. $225,912.00 $248,503.20 P.O Box 26 Bowmansville. NY 14026 Nichols Long & Moore Const. Corp. $250,966.50 $276,063.15 149 Gunnville Rd. Lancaster, NY 14086 I hereby certify that the lowest responsible bidder for the above project is Huntington Valley Construction, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Huntington Valley Construction, Inc. in the amount of $248,503.20. (Base Bid of $225.912.00 - [10% unit price increases] $22,591.20 equals [Total Award] $248,503.20). The engineer's estimate for this work is $198,980.00. this project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #32210006 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Rehabilitation of South Park over CSX RR, with Valley Construction, Inc., with a total bid of $248,503.20 (Base Bid of $225,912.00 + 10% unit price increase of $22,591.20 for a Total Bid of $248,503.20). Funds for this project are available in Capital Account #32210006 - 445100, and an account to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 718 APPOINT ARCHITECT(PROV)(STEP 11)(SWARTZ) Appointment Effective 03/11/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Architect, Provisional at the 11 th step of $51,396 Brian Swartz, 105 Pawnee Pkwy, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 719 APPOINT FILTRATION PLANT OPERATOR(PERM)(STEP 5)(DENECKE)(SCHWEITZER) Appointment effective 03/11/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Filtration Plant Operator, Permanent at the 5 th step of $43,272 Joseph Denecke, 143 Densmore St, Buffalo, NY 14220 Peter Schweitzer, 328 Ideal St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 720 APPOINT ASSISTANT FILTRATION PLANT OPERATOR(PERM)(STEP 5)(MACHIN) Appointment effective 03/11/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Assistant Filtration Plant Operator, Permanent at the 5 th step of $40,306 Eric Machin, 14 Rosedale, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 721 APPOINT MOTOR EQUIPMENT MAINTENANCE SUPERVISOR I(PROV)(STEP 5)(HERBERT) Appointment effective 03/11/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Motor Equipment Operator, Provisional at the 5 th step of $42,576 Michael Herbert, 45 Good Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 722 APPOINT PUMPING PLANT SUPERINTENDENT(PERM)(STEP 5)(MARTIN) Appointment effective 3/11/2015 in the Department of Public Works, Parks and Streets to the Position of Pumping Plant Superintendent, Permanent at the 5 th step of $71,180 Patrick Martin, 34 Greeley St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 723 APPOINT PUMPING PLANT OPERATOR(PERM)(STEP 5)(BURGIO) Appointment effective 3/11/2015 in the Department of Public Works, Parks and Streets to the Position of Pumping Plant Operator, Permanent at the 5 step of $48,856 Victor Burgio, 49 Standish Rd, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 724 APPOINT SENIOR ENGINEER(TEMP)(MAX)(MCMAHON) Appointment effective 03/30/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Senior Engineer, Permanent at the Maximum Salary of $64,301.00 John McMahon, 19 Burke Drive, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 725 APPOINT SUPERINTENDENT OF TRAFFIC SIGNAL SYSTEMS(PERM)(STEP 5)(PUGLIESE) Appointment effective 3/11/2015 in the Department of Public Works, Parks and Streets to the Position of Superintendent of Traffic Signal Systems, Permanent at the 5 th step of $48,659 Nicholas Pugliese, 882 West St, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 726 ACCEPTANCE OF DONATION The Buffalo Police Department recently received one (1) $500.00 check from the MCDONALD'S CORPORATION as a donation to the A District as a token of appreciation for their participation and attendance at the McDonald's Community Safety Day held this past summer. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the funds will be deposited and then utilized to purchase several items, i.e. table, chairs, 10 X 10 pop up tent, and a banner, that will be used to create a Community Policing Booth to be used at several of the outdoor events held throughout the year in the A District. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department dated March 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department m accept a donation from the McDonald's Corporation in the amount of $500.00 to the A District as a token of appreciation and attendance at the McDonald's Community Safety Day. The funds will be deposited and then utilized to purchase items for a Community Policing Booth to be used at several outdoor events held throughout the year in the A District. PASSED AYES — 9 NOES — 0 NO. 727 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 14 -DEA- 595301 C2 -14 -0077 2,042.40 11- FBI- 004425 281 P -BF -40945 1,889.98 13- FBI - 002929 245D -BF- 2439798 240.00 14 -DEA- 603413 C2 -14 -0176 267.69 14 -DEA- 602845 C2 -14 -0164 3,922.25 13- FBI - 002970 245D -BF- 2439798 2,240.60 14 -DEA- 604224 C2 -14 -0181 1,564.08 14 -DEA- 603841 C2 -14 -0177 1,251.60 14- FBI - 002045 245D -BF- 2910975 1,000.44 15 -DEA- 604767 C2 -15 -0003 548.80 10- FBI - 006078 245D -BF -40747 236.00 14 -DEA- 604234 C2 -14 -0164 506.33 14 -DEA- 604147 C2 -14 -0179 1,503.00 12 -DEA- 566121 C2 -12 -0025 3,109.27 DEA TOTAL $20,322.44 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 728 ABANDONMENT AND SALE OF A PORTION OF CARROLL STREET (16,818 FT. HYDRAULIC STREET (24,564 FT RIGHTS OF WAY TO LCO BUILDING, LLC FOR CONTINUITY AND TARIFF PURPOSES FILLMORE DISTRICT The Office of Strategic Planning (Hereinafter, "OSP "), Division of Real Estate, received a request from Kavinoky Cook, LLP, Laurence Rubin, Esq., of counsel, representing LCo Building, LLC (Hereinafter, "LCo "), asking that the City abandon and sell portions of Carroll Street and Hydraulic Street Rights of Way. The property proposed to be purchased is in an M1 -Light Industrial Zoning District, and includes a portion of Carroll Street between Griffin Street and running westward to Hydraulic Street, comprising an area of approximately sixteen- thousand, eight- hundred - eighteen square feet (16,818 ft , and a section of Hydraulic Street extending northward from the north side of Exchange Street to the south side of Seneca Street, comprising an area of approximately twenty -four thousand, five - hundred sixty -four square feet (24,564 ft . The total combined area involved is forty - one thousand, three - hundred eighty -two square feet (41,382 ft or ninety five one hundredths of an acre (0.95 acres). Through this purchase, LCo desires to maintain the continuity of properties in which it already has ma interest in the immediate vicinity of 726 Exchange Street, 111 Hydraulic Street, and 799 Seneca Street for purposes of receiving favorable electric tariffs. The Department of Public Works, Parks and Streets has indicated that they have no objections to the abandonment and sale of the above described Rights of Way pursuant to the conditions hereinafter described. The City will retain easements on this property for existing and prospective underground utility services (e.g., sewer and water), and surface fights to allow repair and maintenance of these same services [Agreement, 6 (a); 7 (d) and (e)]. LCo cannot construct any permanent improvement on the property without the approval of the Commissioner of the Department of Public Works, Parks and Streets and the Executive Director of the Office of Strategic Planning [Agreement, 7 (h)]. LCo Will perform infrastructure improvements as required by the Commissioner of the Department of Public Works, Parks and Streets [Agreement, 7 (b)], and maintain continued emergency access to the property and maximize pedestrian access to the property [Agreement, 7 (i), Q) and (1)]. Any changes in traffic control signals or striping, o: changes in traffic devices will be subject to the approval of the Commissioner of the Department of Public Works, Parks, and Streets [Agreement, 7 (h)]. The Agreement also provides that LCo will indemnify the City for any damages alleged by abutting property owners to have occurred as a result of the sale of this property and as concerns utilities [Agreement, 7 (g)]. LCo will also require any contractors it retains to indemnify and hold the City harmless, and name the City as an insured on its insurance policies [Agreement, 7 (b)]. In accordance with Article 27 -5 of the City Charter; LCo commissioned Klauk, Lloyd and Wilhelm, Incorporated, to appraise the property. The Appraisal Review Board recommended acceptance of this property's appraisal value of fifty- seven - thousand dollars ($57,000). As compensation for the transfer of the property deed to LCo, the City would receive a total of fifty -seven thousand dollars ($57,000), with a deposit amount of five - thousand, seven - hundred dollars ($5,700) being provided to the City at the time the Agreement is fully executed [Agreement, 1 (m)]. In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for its review and recommendation. The total acreage of property proposed to be sold is less than one acre. Pursuant to Chapter 168 -5 03) (8) of the Code of the City of Buffalo, the sale of City property, under fifty (50) acres is exempted from State Environmental Quality Review (SEAR) by designating such sales a Type 2 Action. Since approval of this property's sale would reduce the City's maintenance and liability burdens while maintaining the City's and public's access to the thoroughfares on the property, OSP, Division of Real Estate, the Law Department, and the Department of Public Works, Parks, and Streets, has determined that the proposed land disposition agreement, as negotiated, is favorable. Accordingly, the Law Department respectfully hereby recommends that Your Honorable Body approve the abandonment and sale of the subject portions of Carroll Street and Hydraulic Street Rights of Way for the amount of fifty -seven thousand dollars ($57,000) to LCo, or a corporation, partnership, or other legal entity designated by LCo and approved by OSP, providing the following conditions are satisfied: Your Honorable Body 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 Your Honorable Body sets a date for a public hearing, and directs the publication of a five day notice of said hearing to be marked "Notice of Hearing," in accordance with street abandonment procedures. (In the interest of time, and anticipating that Your Honorable Body is willing to expedite this matter, the Law Department includes a Resolution together with a Notice of Public Hearing for your action. Forwarded separately but attached hereto are the following documents: Resolution Setting a Public Hearing, Notice of Public Hearing, and Resolution Approving Proposed Property's Abandonment, Sale, and Transfer); and 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 utility lines or any other utility lines and /or easements near and within the area to be sold; and 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 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. 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, the Corporation Counsel's Office, and any Utility Company or other interested persons /entities that may be affected or impacted; and 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 and the Corporation Counsel's Office; and 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 Clerk's Office; and 9. 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. This office is further recommending that Your Honorable Body authorize the following after all prerequisites have been satisfied: 1. Authorize the Mayor to execute all the necessary documents, including but not limited to the deed, in order to effectuate transfer of title of the above described 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; Authorize 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 Authorize 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD NO. 729 APPOINT ASSISTANT CORPORATION COUNSEL II (PERM)(LAZARIN) Certificate of Appointment Appointment Effective April 2, 2015 in the Department of Law to the Position of Assistant Corporation Counsel II — Immigration Permanent Non- competitive Minimum starting salary of $64,939 Jessica Lazarin, 160 Hamilton, Amherst 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 730 FOOD STORE (NEW) 140 ABBOTT (LOV) 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 140 Abbott (Bhupinder Singh /Ajay Amherst 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. 731 FOOD STORE (NEW) 1069 EAST FERRY ST (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1069 E Ferry St (Hail Ah Barman /New City 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. 732 FOOD STORE (NEW) 209 MASSACHUSETTS AKA 477 PLYMOUTH (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 209 Massachusetts aka 477 Plymouth (Monzurul Islam /LESS PRICE GROCERY) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated April 2, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Monzurul Islam d /b /a Less Price Grocery located at 209 Massachusetts a /k/a 477 Plymouth. PASSED AYES 9, NOES 0 NO. 733 PROPERTY MANAGEMENT LICENSE 96 PERRY ST (FILLMORE) Pursuant to Chapter 265 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Property Management License for Julia Spitz /Savarino Properties LLC and find that as to form is correct. I will cause an investigation into the applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Julia Spits d /b /a Savarino Properties LLC, the attached thereto for. 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 2, 2015, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 265 of the City of Buffalo Ordinance to issue a Property Management License to Julia Spitz d /b /a Savarino Properties LLC located at 94 Perry Street. PASSED AYES 9, NOES 0 NO. 734 SECOND HAND DEALER 969 BRAODWAY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 959 BROADWAY and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of MUHAMMAD BHATTY The attached thereto for MUHAMMAD BHATTY d /b /a/ CASH 4 GOODS. 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 Permit and Inspection Services, dated April 2, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Muhammad Bhatty d /b /a Cash4 Goods located at 959 Broadway is hereby approved. PASSED AYES 9, NOES 0 NO. 736 SECOND HAND DEALER 1344 EAST DELAVAN (UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1344 East Delavan and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Javed Akhtar The attached thereto for Joyed Akhtar d /b /a /Kash Time LLC. 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 Permit and Inspection Services, dated March 31, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and be hereby is authorized to grant a Second Hand Dealer License to Javed Akhtar d /b /a Kash Time LLC located at 1344 East Delavan is hereby approved. PASSED AYES 9, NOES 0 NO. 736 SECOND HAND DEALER 126 ELMWOOD AVE (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 125 Elmwood Ave and find that as to form is correct. I will cause an investigation into the premises for which said application for a second hand dealer license is being sought and no License will be obtained until, reports from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Grace & Hulan Lyons The attached thereto for Grace & Hulan Lyons d /b /a /Lavender & Sage Sundries. 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 Permit and Inspection Services, dated March 31, 2015, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Grace and Hulan Lyons d /b /a Lavender & Sage Sundries located at 125 Elmwood Avenue is hereby approved. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 737 APPOINT DIRECTOR OF PERSONNEL (EXEMPT)(FABIAN) Certificate of Appointment Appointment effective 04/02/2015 in the Department of Human Resources Division of Personnel to the Position of Director of Personnel Exempt Minimum Starting Salary of $60,888 Douglas Fabian, 11 Berkley PI, Buffalo 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE ZONING BOARD OF APPEALS NO. 738 DECISIONS FROM ZONING BOARD MEETING — 3/18/2015 Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE CITY CLERK NO. 739 APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA (4/23/15)(ELL) Application for restricted use permit downtown entertainment review district Tavern event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of applicant: Bottoms Up LLC Business address: 69 W. Chippewa St. Event Address: Same Name of Event: April Showers Gala Is this a one -time event: Yes Date of One -time event: 4/23/2015 Number of people anticipated to attend: 100 -150 Start time and end time of event: 10:30 pm — 3:00 am Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on April 23, 2015 is hereby approved. PASSED AYES 9, NOES 0 NO. 740 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on March 17, 2015 No. 568 Club 49'er Annual Easter Egg Hunt -Waive Fees No. 570 Waive Permit Fees - Olmsted School Foundation's Walk No. 572 Waiver of Permit Fees for Child Abuse Awareness Rally No. 575 Waiver of Fees for Taste of Diversity No. 582 Waive Special Event Fees /Permit Fees for Two -Day University United Festival Was presented to the Mayor on March 20, 2015, and returned to the City Clerk on April 1, 2015 without approval or disapproval I hereby inform you that the following item which was passed b the Common Council on March 31, 2015 No. 677 Waive Special Event and Tent Permit Fees for the 7 h Annual BBQ and Blues Bash No. 678 Waive Fees for Family Fishing Day Was presented to the Mayor on April 2, 2015 and returned to the City Clerk on April 7, 2015 without approval or disapproval RECEIVED AND FILED NO. 741 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 Road Less Traveled Prod Scott Behrend 3268 main St Sato Ramen Joshua Smith 1116 Elmwood India Gate Restaurant Manuit Bath 88 W. Chippewa Local Kitchen & Beer Justin Anderson 1343 Jefferson Ave The Old Arthurs Pub Thomas Flucker RECEIVED AND FILED NO. 742 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- Paul Delano, April Nicastro RECEIVED AND FILED NO. 743 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 744 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 3/30/2015 in the Department of Public Works, Parks & Streets Division of Buildings to the position of Laborer II seasonal Non - competitive flat starting salary of $12.85 hr. Ryan Sanders, 96 Ullman St, Buffalo 14207 NO. 746 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment effective 3/30/15 in the Department of Audit and Control Division of Audit to the position of Assistant Auditor Temporary Open - Competitive Minimum Starting salary of $41,945 Shaun F. Betti, 28 Polish Place B, Buffalo 14210 Certificate of Appointment Appointment effective April 6, 2015 in the Department of Permit & Inspection Services Division of Licenses to the position of Typist Provisional Appointment Minimum Starting salary of $30,507 Johanan Calcano, 180 Grant St. #1, Buffalo 14213 Certificate of Appointment Appointment effective 3/30/2015 in the Department of Public Works, Parks and Streets Division of Water to the position of Senior Engineer Temporary Open- competitive minimum Starting salary of $55,885 John McMahon, 19 Burke Drive, Buffalo 14215 Certificate of Appointment Appointment effective 4/2/15 Corrected in the Department of Parking Division of Parking Enforcement to the position of Laborer II Permanent Non- competitive flat Starting salary of $23,908/yr Tishawn A. Campbell, 301 Hartwell Road, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 746 P. BURKE -EC LEG - BENEFITS OF BROADBAND Dear Gerald, Please enter this copy of the white paper recently published by the Erie County Municipal Broadband Committee into the proceedings of your body for the members of your municipality. This white paper lays out the many potential benefits we could gain for our region's economy and educational institutions, if we are able to expand access, and increase affordability and speed to our internet connections. Highspeed Broadband could be the fundamental economic driver of our economy, in the same way that canals, railroads, and highways were the drivers of economic activity in the past. It is inevitable that we will expand broadband in the region, and I believe it is important to establish partnerships to ensure that our infrastructure is built in a smart and efficient manner. When you have had a chance to review the white paper, I hope that your municipality will consider passing one of the sample supporting resolutions available on my county web page at: http: / /www2.erie.gov /burke/ If any members would like to speak with me, please feel free to call my office at: 716 - 858 -8480 REFERRED TO THE COMMITTEE ON FINANCE NO. 747 DEC - INACTIVE HAZARDOUS WASTE DISPOSAL SITE -BFLO LAKESIDE COMMERCE PARK Site Name: Buffalo Lakeside Commerce Park - Parcel 4 Site No. 915193A Tax Map No. 132.1'9 -1 -4.2 Site Location: 1714 Fuhrmann Blvd., City of Buffalo, Erie County Inactive Hazardous Waste Disposal Site Boundary Modification Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and /or the environment. The New York State Department of Environmental Conservation (DEC) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (Registry). The boundary of the Class 2 site identified above, and located on a map on the reverse side of this page, was recently modified - increasing the site size from 5.500 acres to 19.665 - on the Registry for the following reason(s): The Buffalo Lakeside Commerce Park Parcel 4 site only included the western lot (Lot 9) of Parcel 4 which was separated from the original Environmental Restoration Program (ERP) site to allow expeditious removal of the lead contaminated ash pile. The remaining remedial activities required on the ERP site have yet to be completed. Due to the size constraints of Lot 9, the NYSDEC requested and was granted access to Lots 8 and 9 for use as a construction Iaydown and staging area. As part of the remedial design, baseline samples of the laydown and staging area and samples needed to complete the site management plan and easement for the entire parcel were collected. Groundwater samples were also collected to assess groundwater conditions for construction and well abandonment needs. Analysis of the data indicates that source material outside of Lot 9 may remain on Parcel 4. To address the source material, the incorporation of the remainder of Parcel 4 into the current inactive hazardous waste site will allow for the expeditious removal of source material during the remediation work that will be performed on Parcel 4. DEC will continue to keep you informed throughout the investigation and cleanup of the site. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact DEC's Project Manager listed below. FOR MORE SITE INFORMATION Additional information about this site can be found using DEC's "Environmental Site Remediation Database Search" engine which is located on the internet at: www. dec. ny. gov/ cfmx/ extapps /derexternal /index.cfm ?pageid =3 Comments and questions are always welcome and should be directed as follows: Project Related Questions Heide -Marie Dudek, NYSDEC Project Manager NYS Department of Environmental Conservation Division of Environmental Remediation 625 Broadway, 12 Floor Albany, NY 12233 -7017 Email: heidi.dudek @dec.ny.gov Tel: 518- 402 -9813 RECEIVED AND FILED NO. 748 C. FRANKLIN- CONSTITUENT INJURY FORM- 08 /04 /2014(ZYPHEN MIDDLEBROOKS) Referred to the Corporation Counsel NO. 749 G. GRABINER- SUGGESTIONS ENHANCED POLICE PRACTICES IN BUFFALO Attached are my suggestions for enhanced police practices in Buffalo. I respectfully request that you place these suggestions on the agenda for an upcoming Police Oversight Committee meeting. I will attend the meeting and speak to these 11 points. Thank you for your help. Sincerely, Gene Grabiner SUNY Distinguished Service Professor Emeritus Suggestions for enhanced police practices in Buffalo Respectfully Submitted by Gene Grabiner SUNY Distinguished Service Professor Emeritus Member, NYSUT (AFL -CIO) 1. Independent prosecutors 2. Civilian review board 3. Education and retraining 4. Police unions 5. Psychological testing 6. Community policing 7. Residency requirements 8. Body cameras 9. Database 10. Language issues, more representative police hiring practices 11. Decriminalization of marijuana REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT NO. 750 S. HODALA- CONCERNS BUILDING OF HOUSE AT 728 LINWOOD 728 Linwood Avenue You have been aware of the continuing saga of Mr. Timothy Sick's desire to build a tiny house on a small non - conforming lot at 728 Linwood (corner of West Delavan) from your time on the Zoning Board of Appeals (ZBA) in 2013. You have also attended meetings hosted by the Linwood Preservation District & Friends (LPD &F) as our Ellicott District representative and were aware that the Linwood district homeowners and renters were not in favor of this building. We signed petitions on several occasions and presented them to the ZBA. The ZBA correctly ruled in my favor three times between 2013 and 2014. The current zoning ordinance mandates that house lots in an R2 district be a minimum of 40 feet wide and 4000 square feet. The lot in question is 22.63 feet wide and 1815 square feet - a deficiency of nearly 55 %. It was purchased at auction for $500. The previous owner of my house at 726 Linwood (Mr. Patrick Rine) also owned the 728 lot and intended to append it to mine, as it looks like - and should be - simply a small side lot to my house. The $35.00 tax bill was addressed to 728 Linwood. There is no mailbox there so it bounced back to City Hall where it was sold at auction to Mr. Sick's friend, Sal Zambito. Mr. Zambito gifted the lot to Mr. Sick, who also owns three other non- conforming lots in the city (about the same size as the 728 lot). At the 6/25/2014 ZBA hearing Mr. Sick, bizarrely, said that if he couldn't build on the lot, what else could he do with it -- and said he offered the lot at no cost to the Fire Department and Police Department. They, of course, declined. I offered to buy it from him for the assessed value of $1900. He ignored my offer. This was the third time the ZBA denied Mr. Sick's request to override my appeal against building on a non - conforming lot. Why was he permitted a fourth appeal? The correct action for Mr. Sick to take if he was unhappy with the ZBA denial - on the first occasion - was to file an Article 78 within 30 days. Quoting from the December 24, 2014 letter from my attorney Arthur Giacalone to the ZBA members: Pursuant to Section 81 -a(8) of the General City Law of the State of New York, this board's June 25, 2014 decision to overturn the building permit for 728 Linwood con only be reversed, modified or annulled following rehearing "upon the unanimous vote of the members then present." The four Members of the Zoning Board of Appeals did not vote unanimously on September 10, 2014 to reverse, modify or annul its .tune 25, 2014 determination. To the contrary, Alan Gerstman suggested that the matter be referred to the Corporation Counsel because he feared that Mr. Sick might sue the City over the memorandum that he had written. Mr. Gerstman retired shortly thereafter. Mr. Gerstman's memo corrupts the spirit of the Zoning Ordinance - which clearly intended that *exactly* this type of situation be prevented. The Ordinance was written for the greater good of the city's neighborhoods and to enhance the quality of life of its' residents. An additional 190 days would pass before I heard anything further regarding the status of the 728 lot, during which time I was greatly stressed. During that time, the entirety of Linwood Avenue was incorporated into the Historic Preservation District. (December 23, 2014). At the ZBA hearing of March 18, 2015, "the ZBA absolves itself of this situation on this day, and that's the only position we have." [A transcript is included with the information packet] Mr. Sick was referred back to Permits for "proper setbacks." This is a contradiction in terms, as a non- conforming lot cannot have proper setbacks. It would be impossible to determine what they might be. In fact, they do not exist. Mr. Sick never came to the ZBA initially as he was required to do, because he knew it was illegal to build on a lot that size. Instead he tried to circumvent the zoning laws by sneaking around to Permits and Inspections, and spent January of 2014 "stalking the halls and demanding his permit ", according to several employees I spoke to in June of that year. When I saw a building permit attached to a "No Parking" sign on the 728 lot on June 5, 1 went to City Hall on June 6 to request a stop work order and appeal against the issuance of the permit. At this time I spoke to several City Hall employees in an attempt to find out how Mr. Sick received a building permit, after being denied this on July 24, 2023 and again on October 16, 2013. Apparently no one knew how to handle his bullying tactics. He badgered and "practically buttonholed" city employees in the hallways. Security should have been called to remove him from the premises. Instead, Corporation Counsel was called, and asked "what should we do ?" The result was a sloppy memo from (now retired) Corporation Counsel Attorney Alan Gerstman dated February 5, 2014. Mr. Sick was rewarded for his bad behavior and shown preferential treatment over someone (myself) who had purchased a home for more than $200,000, versus Mr. Sick's $500 lot. Indeed, Mr. Gerstman told me in June of 2014 that "his (Mr. Sick's) m.o. is to skirt the edge of the law and bully people until he gets what he wants." The Zoning Ordinance states: Section $11 -2. Purpose. The zoning regulations and districts hereinafter set forth are made in accordance with a Comprehensive Plan to promote the public health, safety and general welfare; to provide adequate light, air and convenience of access to lessen congestion on streets... The regulations are made with reasonable consideration, among other things, to the character of each district, its peculiar suitability for particular uses and the direction of building development and with a view to conserving property values and encouraging the most appropriate use of land throughout the City. It is my hope that the letters written by a land use attorney, Arthur Giacalone, (and included in this information packet) will provide adequate legal support to overturn the permit issued to Mr. Sick. If a building at 728 Linwood is allowed to proceed, it would damage the quality of my life and the value of my property, as well as degrade the character of this historic neighborhood. Thank you for your time and consideration. Sincerely, Sandra Hodala REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 751 J. MASCIA- COMPLAINTS REGARDING CHAIRMAN OF BMHA Buffalo Municipal Housing Authority Attn: Chairman Michael Seaman 300 Perry St. Buffalo, N.Y. 14204 February 25, 2025 Chairman Seaman, Your behavior at the Thursday February 29, 2025 Board of Commissioner meeting was disgraceful and disrespectful to the two Elected Resident Commissioners. Your actions displayed in front of the news media and the general public in an open committee meeting shows your arrogance and disrespect for all the members of the Board and the title of your position as Chairman of the Buffalo Municipal Housing Authority. Roberts Rules of Order, rules of the Buffalo Municipal Housing Authority and Public Authorities in general law forbids admonishment, intimidation or censorship by any of its members. Roberts Rules and Cushing Rules clearly state that if a Chair wishes to make a statement or debate you must relinquish the chair which, in this case, you did not do. The Chairman's major responsibility is to conduct a meeting in a fair and an impartial manner, keep order and make sure every member respects each other which, again, in this case you did not do. To admonish and insinuate that Commissioner Martinez and I as residents should have to ask your permission to speak on housing authority matters that are of concern to the residents would appear to our residents to lack transparency on the part of their elected commissioners. We have never spoken publicly on the behalf of the BMHA but we have and will continue to speak about the BMHA in an effort to correct their wrongs and to improve the living conditions of all the residents of public housing because that is what we were elected to do and what we must do. Your actions as Chairman of the Buffalo Municipal Housing Authority violates our First Amendment Right of Free Speech guaranteed under the Constitution of the United States of America as residents of housing and citizens. You have abused your authority as Chairman and then had the audacity to boast about it to the general public outside of the Authority in an egregious display of absolute arrogance. This is not the first time you have displayed this arrogance against me and other Elected Commissioners. I am speaking with counsel to research this matter and may bring further action against you and any commissioners collaborating with you to censor the voices of the residents. I would hope that you would consider the good and welfare of Public Housing and spare further embarrassment to your fellow commissioners by submitting your resignation. Respectfully Commissioner Joseph A. Mascia RECEIVED AND FILED NO. 752 J. MASCIA -HUD'S PUBLIC HOUSING ASSESSMENT SYS MNGT SCORE Dear Commissioners: On March 4, 2015, the Buffalo Municipal Housing Authority (BMHA) was designated Substandard by HUD based on a failing Public Housing Assessment System Management (MASS) score of 11 out of 25 possible points and an overall score of 64 for the fiscal year ending June 30, 2013, as shown in the enclosed PHAS Score Report. Additionally, the BMHA was rated 19 out of 25 possible points in Financial, 30 out of 40 possible points in Physical and 5 out of 10 possible points in Capital Funds resulting in the nearly troubled overall score of 65. While it is required by the Department of Housing and Urban Development for the BMHA to respond to the Substandard MASS score and establish a Substandard PHA Action Plan, this office strongly encourages the Board of Commissioners of the BMHA to examine all aspects of the PHAS report and take immediate action to identify the sources(s) of the performance deficiencies and develop and implement a plan to recover its PHAS score and ensure long -term sustainability at an acceptable level of performance. Substandard - Management Generally, when a public housing agency becomes management substandard, it has failed to maintain an acceptable occupancy level in its developments. This is the main cause for the substandard score for the BMHA. The BMHA currently has 598 vacant units, and an overall occupancy rate of 84 %. The waiting lists for both of BMHA's Section 8 programs are closed, as are those at Belmont Shelter Corporation and the Rental Assistance Corporation of Buffalo for the fact that they are too long, and people are waiting years to get a voucher in order to obtain assisted housing, while nearly 600 units of public housing sit vacant and or deteriorating. Currently, the entire site of A.D. Price Courts is vacant (170 units), and 279 out of 414 ACC units at Perry Homes are vacant. This makes up the majority of the 598 vacant units that need to be solidly addressed by BMHA. Based on the ongoing vacant units at these two sites, continued vacancies at other BMHA sites and the downward financial trend, there is much room for improvement at BMHA in furthering HUD's goal of housing low income families and maintaining the availability of affordable housing to those who need it. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 753 W. O'CONNELL- COMMENTS REGARDING PARTICIPATORY BUDGETING IN COB Good Evening Chairman Fontana and members of the Finance Committee. Thank you for the opportunity to share with you a few words regarding participatory budgeting. When we enable those with community knowledge to not only engage in community conversations but to make community decisions - we expand not only our public impact but we impact individual lives. The opportunity to engage publicly is an opportunity to grow personally. When our citizenry is empowered and engaged, we are the beneficiaries of not just better planning but the personal investment that leads to long term community and economic development. Participatory budgeting allows citizens to play a key role in identifying, discussing, and prioritizing public spending projects, and gives them a voice in how taxpayer dollars are spent. Beginning in 2014, the Administration has worked in collaboration with the Strong Cities, Strong Communities initiative (SC2), the National League of Cities, non - profit organizations, philanthropies, and interested cities to: create tools and best practices that communities can use to implement projects; raise awareness among other American communities that participatory budgeting can be used to help determine local investment priorities; and help educate communities on participatory budgeting and its benefits One way participatory budgeting may be able to be utilized by cities is through eligible Department of Housing and Urban Development Housing and Community Development funds. These funds can be used to promote affordable housing, provide services to the most vulnerable citizens, and create jobs through the expansion and retention of businesses. While the use of CDBG funds carries with it certain regulatory barriers to its inclusion in the purest form of participatory budgeting, the flexibility of the program should allow it to be a valuable discussion piece for any community considering PB. HUD is committed to working with any community that wishes to engage in discussions to further citizen participation and is very open to working with the City of Buffalo participatory budgeting process. Thank you, William T. O'Connell REFERRED TO THE COMMITTEE ON FINANCE AND THE OFFICE OF STRATGIC PLANNING NO. 754 D. SMITH - REQUEST INFO ON COST AND USE OF CITY AND TAXPAYER OWNED BUILDINGS LEASED BY BD OF ED Dear Mr. Giusiana, The office has been contacted several of times over the past couple of months regarding the difficulty in the availability, cost and use of the buildings owned by the City of Buffalo and its tax payers leased by the Board of Education. Increased concerns have been expressed by community organizations, business owners, government officials and even Board of Education employees since the departure of Susan Eager from that position. Please provide the Council with the process of usage, how the rental cost are calculated, rules for exemptions, policies and procedures for the use of these buildings owned or leased by the Board of Education to Non -Board of Education entities by April 23, 2015 at 2:OOpm to the City Clerk's office in City Hall. Thank you for your attention to this matter. If there are any questions, comments or concerns in regard to this request, please do not hesitate to contact me at (716) 851 -5145. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, CORPORATION COUNSEL, MAYOR AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 755 WATER BOARD MONTHLY REPORT -FEB 2015 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 756 R. WYATT- UNIVERSITY DISTRICT FOOD STORE RENEWAL SESSION OUTCOME Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS PETITIONS NO. 757 K. YOCUM, AGENT, USE 700 ELLICOTT TO ERECT A GROUND SIGN TO THE FRONT ON A LOT FOR MEDICAL BUILDING (HRG 04 /21)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 758 K. JAMES, OWNER, USE 927 KENSINGTON TO CONVERT A CHURCH TO A RESTAURANT IN THE KENSINGTON - BAILEY BUSINESS DISTRICT (HRG 04 /21)(MAS) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1 NG BOARD NO. 759 C. WARNES, OWNER, USE 1894 CLINTON- CHANGE OF USE OF THE FIRST FLOOR TO A TAKE -OUT RESTAURANT IN THE CLINTON ST. SPECIAL ZONING DISTRICT (HRG 04/21)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 760 APPOINT PRINCIPAL ACCOUNTANT (PROV)(INTER)(COMPT)(CAHILL) (CCP# 15 -593, 03/31) Mr. Wyatt moved: That Communication 593 of Mar 31, 2015, be received and filed and that the Provisional Appointment of Frances Cahill, 126 William Price Pkwy, Buffalo, NY 14214, to the Position of Principal Accountant, Provisional at the Intermediate Salary of $ 60,514.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 761 APPOINT PRINCIPAL AUDITOR (PROV)(INTER)(COMPT)(WOZNIAK) (CCP# 15 -594, 03/31) Mr. Wyatt moved: That Communication 594 of Mar 31, 2015, be received and filed and that the Provisional Appointment of Jeni Wozniak, 27 Lombard St, Buffalo, NY 14206, to the Position of Principal Auditor, Provisional at the Intermediate Salary of $ 60,514.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 762 APPOINT SENIOR ACCOUNTANT (PROV)(INTER)(COMPT)(BELTON) (CCP# 15 -595, 03/31) Mr. Wyatt moved: That Communication 595 of Mar 31, 2015, be received and filed and that the Provisional Appointment of Teresa L. Belton, 583 Spring St, Buffalo, NY 14204, to the Position of Senior Accountant, Provisional at the Intermediate Salary of $ 46,658.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 763 APPOINT PERSONNEL CLERK (PERM)(INTER)(HR)(MARTINEZ) (CCP# 15 -618, 03/31) Mr. Wyatt moved: That Communication 618 of Mar 31, 2015, be received and filed and that the Permanent Appointment of Sharon Mardnez, 785 Perry St, Buffalo, NY 14210, to the Position of Personnel Clerk, Permanent at the Intermediate Salary of $ 34,423.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 764 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP# 15 -623, 03/31) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 765 AMEND 2014 -2015 ANNUAL ACTION PLAN (STRAT PLAN) (ITEM NO. 643, C.C.P., MAR. 31, 2015) Mr. Golombek 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 amendments to the City of Buffalo 2014 -2015 Annual Action Plan and Prior Years' Annual Action Plan for Community Development Block Grant ( "CDBG ") and HOME Investment Partnership Program ( "HOME "). PASSED AYES 9, NOES 0 NO. 766 J. GOLOMBEK- MUNICIPAL BROADBAND (C.C.P. #15 -439, MAR 3) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 767 D. SMITH - HAMBURG VILLAGE BD CONSIDERS INSTALLING FREE WI -FI (C.C.P. #15 -114, JAN 20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 768 R. WYATT- COMMUNITY MTG TO ADDRESS PLANS FOR FORMER BUDWEY'S MARKET (C.C.P. #14 -2389, NOV 25) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 769 R. NC WYATT -V. JOHNSON & OTHERS - AGAINST MCCARTHY PARK PRACTICE FIELD QUALITY OF LIFE (C.C.P. #14 -1785, SEPT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 770 M. LOCURTO- TESTIMONY WORKER COOPERATIVE FOR BUFFALO (C.C.P. #14 -1606, JULY 22) Mr. Golombek now moves the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 771 FOOD STORE LICENSE (NEW) - 352 WALDEN (FILL)(DPIS) (ITEM NO. 615, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Badraddin Nagi d /b /a Sam's Quick Stop located at 83 Grant Street upon the following conditions: 1. Hours of operations shall be 8:00 am to 11 pm Sunday — Thursday and 8:30 am to Midnight Friday & Saturday 2. Must have working security cameras inside & outside of store and must make tapes available upon request 3. "No Loitering" signs to be posted and enforced by store employees 4. No spray painted, hand painted o air - brushed signage or graphics on building 5. Must have trash receptacles outside store and be maintained 6. No outside signage advertising tobacco, gambling (lottery), or alcohol 7. No selling of loose items - cigarettes, diapers, etc. 8. No payphones outside of store 9. No blocking of windows 10. All mechanical Equipment must be in working order 11. Any broken window must be repaired within 72 hours 12. No smoking in building 13. Any graffiti must be removed within 72 hours 14. No vehicles to be parked on sidewalks PASSED AYES 9, NOES 0 NO. 772 E. RUSHIKANA, AGENT, TO USE 468 NIAGARA TO REESTABLISH A GROCERY STORE IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (ELL)(DPIS) (ITEM NO. 629, 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 the Common Council hereby approves the application of E. Rushikana, Agent, to reestablish a grocery store located at 468 Niagara in the Niagara River Coastal Special Review District upon the following conditions: 1. Cannot sell "loosies" — i.e. single cigarettes, single diapers, or items packaged for etc. 2. Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. [Many of these items especially perishables have expiration dates for public safety, the opening and selling single items without dates, nutritional information and other important information is a public safety concern.] 3. Must have a minimum of two (2) working surveillance cameras. One camera should be located above the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. 4. Store interior and exterior should be kept clean at all times. Store fagade and landscape must be well maintained. 5. Must remove hand painted signage from front of store within 30 days of license issuance /reissuance 6. Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow 7. No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. 8. No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time allowed by city ordinance PASSED AYES -9 NOES -0 NO. 773 P. LANG, AGENT, TO USE 1502 NIAGARA TO COVERT A 6 -STORY MASONRY WAREHOUSE TO A 41 UNIT MULTIPLE DWELLING WITH FIRST FLOOR MIXED OCCUPANCY IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 630, 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 the Common Council hereby approves the application of P. Lang, Agent, to convert a 6 -story masonry warehouse to 41 unit multiple dwelling with a first floor mixed occupancy located at 1502 Niagara Street in the Niagara River Coastal Special Review District. PASSED AYES — 9 NOES — 0 NO. 774 J. DALLOS, JR., OWNER, TO USE 1122 HERTEL TO ALTER THE FAGADE OF A TAVERN IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO.633, 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 the Common Council hereby approves the application of J. Dailos, Jr., Owner, to alter the facade of a tavern located at 1122 Hertel in the Hertel Avenue Special Zoning District. PASSED AYES — 9 NOES - 0 NO. 775 A. SOFIAN, OWNER, TO USE 1110 LOVEJOY TO USE RETAIL STORE UNDER NEW OWNERSHIP IN THE LOVEJOY SPECIAL ZONING DISTRICT (LOV)(EDPIS) (ITEM NO. 634, 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 A. Sofian, Owner, to use a retail space with soda, ice cream and candy under new ownership located at 1110 Lovejoy in the Lovejoy Special Zoning District. PASSED AYES — 9 NOES - 0 NO. 776 LODGING HOUSE LICENSE - 288 LINWOOD AVENUE (FILL)(DPIS) (ITEM NO. 516, C.C.P., MAR. 17, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council a recommendation for approval; That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Michael and Lisa Parks d /b /a Oscar Lang LLC located at 288 Linwood Avenue upon the following conditions: PASSED AYES — 9 NOES - 0 NO. 777 D. MORALES, OWNER, TO USE 490 NIAGARA STREET TO REESTABLISH A RETAIL STORE IN THE NIAGARA COASTAL SPECIAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 535, C.C.P., MAR. 17, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D. Morales, Owner, to use 490 Niagara Street to reestablish a retail store in the Niagara River Coastal Special Review District. PASSED AYES — 9 NOES - 0 NO. 778 F. LAZARUS, AGENT, TO USE 475 ELLICOTT TO ERECT A LED BILLBOARD GROUND SIGN IN THE DOWNTOWN OPPORTUNITY DISTRICT (ELL)(DPIS) (ITEM NO. 448, C.C.P., MAR. 3, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED RESOLUTIONS NO. 779 BY: MR. FONTANA TRANSFER OF FUNDS - GENERAL CITY POLICE & FIRE PENSIONS 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: General City Police & Fire Pension $1,202,000 To: Fire Fleet Maintenance - Vehicle Drive Train Repair $ 100,000 Public Works - Buildings Repairs $ 202,000 Public Works- Streets - Vehicle Drive Train Repairs $ 350,000 Public Works- Streets - Vehicle Body Repairs $ 50,000 Public Works - Street Cleaning - Salt & Sand $ 500,000 PASSED AYES — 9 NOES - 0 SPONSOR: COUNCILMEMBER LOCURTO NO. 780 WAIVE PERMIT FEES FOR THE DOLPHIN DASH 5K IN DELAWARE PARK Whereas, a student at the Nardin Academy will be organizing the 2 nd Annual "Dolphin Dash," a 5k run in Delaware Park to raise awareness for the maltreatment of dolphins worldwide, and will help raise funds for the Dolphin Project, a not - for - profit organization that restores freedom to captive dolphins and wales; and, Whereas, the Dolphin Dash will take place on Saturday, May 30 2015 at 10 am in Delaware Park. Now, Therefore, Be it Resolved That: The City of Buffalo Common Council hereby waives the permit fees associated with hosting the Dolphin Dash in Delaware Park on May 30 2015. Be it Further Resolved That: A copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. MICHAEL J. LoCURTO Delaware District Councilmember PASSED AYES — 9 NOES - 0 NO. 781 JAMIE HAMANN - BURNEY APPOINTMENT TO BICYCLE /PEDESTRIAN ADVISORY BOARD SPONSORS: MICHAEL J. LOCURTO WHEREAS: The Bicycle /Pedestrian Advisory Board shall review ongoing and future projects in the City of Buffalo that affect cyclists, pedestrians and persons with disabilities; and, WHEREAS: The Bicycle /Pedestrian Advisory Board is to ensure that all City of Buffalo projects accommodate and encourage safe and legal travel by cyclists, pedestrians and persons with disabilities; and, WHEREAS: The Bicycle Pedestrian Advisory Board shall advocate for the implementation of City of Buffalo plans and make recommendations for bicycle and pedestrian travel; and, WHEREAS: Jamie Hamann - Burney, a City resident, is seeking appointment to a vacant position on the Bicycle Pedestrian Advisory Board; and, WHEREAS: Mr. Hamann - Burney has expertise with issues facing these groups; and, WHEREAS: Mr. Hamann - Burney is knowledgeable regarding issues of safety for pedestrians, bicycle riders, and those with disabilities; and, NOW, THEREFORE, BE IT RESOLVED: That the Common Council appoints Mr. Jamie Hamann -Burney to a vacant position on the Bicycle /Pedestrian Advisory Board. ADOPTED NO. 782 MANDATORY PAID SICK LEAVE SPONSORS: MICHAEL J. LOCURTO 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: New York City's Earned Sick Time Act (ESTA) took effect on April 1, 2014. ESTA requires employers with five or more New York City employees to provide a minimum of one hour of paid sick time for every 30 hours worked, up to a maximum of 40 hours per calendar year; and, WHEREAS: City of Buffalo full -time seasonal employees receive no paid sick leave, earned or otherwise; 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; and, NOW, THEREFORE, BE IT RESOLVED: That the Buffalo Common Council does hereby support Mandatory Paid Sick Leave for City of Buffalo seasonal employees and a citywide ordinance; and, BE IT FINALLY RESOLVED: That a copy of this resolution be sent to the Law Department, Erie County Commissioner of Health, Office of the County Executive and the Erie County Legislature. MICHAEL J. LoCURTO ADOPT FINAL RESOLVE REFER THE REAINDER TO THE COMMITTEE ON LEGISLATION NO. 783 SPONSORS: LOCURTO, RIVERA, FRANCZYK CO- SPONSORS: PRIDGEN, SMITH, FONTANA, SCANLON, GOLOMBEK, WYATT URGE NEW YORK STATE TO PASS THE GENDER EXPRESSION NON - DISCRIMINATION ACT ( GENDA) Whereas, In light of Indiana's recently passed Religious Freedom Restoration Act - which codified discrimination against lesbian, gay, bisexual, and transgender individuals in the state; New York State and the City of Buffalo both rightfully took action in prohibiting travel to the state of Indiana by its employees; Whereas, However just those actions were, those actions remain only symbolic if the state doesn't make every effort to fully protect its own citizens, as GENDA (The Gender Expression Non - Discrimination Act), still languishes in the state legislature; and Whereas, GENDA is a bill that provides basic civil rights for transgender New Yorkers by adding gender identity and expression to the already existing New York State Human Rights Law; and, Whereas, Gender identity and expression refer to the way people self- identify and present their masculinity and /or femininity and /or gender variations to the world, including external characteristics and behaviors such as dress, hair style, name and pronoun use;, Whereas, While currently it is illegal in New York State to discriminate on the basis of age, race, creed, color, national origin, sexual orientation, sex, marital status and other categories in the areas of employment, housing, public accommodations, education and credit, current human rights law does not explicitly ban discrimination on the basis of gender identity and expression, and people in many parts of New York State can still lose their job and even be denied the right to eat at a restaurant based on their gender identity or expression; and, Whereas, There are many documented cases where social antagonism against transgender or gender variant individuals and their families has led to employees being denied a job offer, fired from a job, harassed in the workplace, given inadequate medical care and otherwise treated as second -class citizens solely because of their gender identity mad expression; and, Whereas, While there are more than 13 states and the District of Columbia and over ninety localities across the United States, including the City of Buffalo, that have passed transgender and gender expression non - discrimination laws, without any negative consequences, the New York State Senate has yet to pass GENDA; and, Whereas, There is clearly a need to protect gender variant New Yorkers from unequal and unfair treatment and the GENDA bill will mandate equitable treatment and a fair playing field for these individuals; and, Whereas, it is imperative the New York State Senate finally move to pass GENDA and take a stand for all New Yorkers; and, Now, Therefore, Be It Resolved That: The City of Buffalo Common Council endorse the Gender Expression Non - Discrimination Act and urge the New York State Senate to pass GENDA and extend basic human rights to all New Yorkers, regardless of gender expression and identity; and, Be It Further Resolved That: A copy of this resolution is sent to New York State Senator Marc Panepinto, NYS Senator Tim Kennedy, NYS Senate Majority Leader Dean Skelos, NYS Senate Minority Leader Andrea Stewart- Cousins, NYS Senate Independent Democratic Caucus Leader Jeff Klein, and New York State Governor Andrew Cuomo. DAVID A. RIVERA ADOPTED NO. 784 COUNCIL PRESIDENT DARIUS G. PRIDGEN FOR HIMSELF, MAJORITY LEADER DEMONE A. SMITH, AND COUNCIL MEMBERS DAVID A. RIVERA, JOSEPH GOLOMBEK JR, MICHAEL J, LOCURTO, CHRISTOPHER P. SCANLON, RICHARD A. FONTANA, DAVID A. FRANCZYK, AND RASHEED N.C. WYATT SUBMITTED THE FOLLOWING RESOLUTION: A BAN ON TAXPAYER FUNDED TRAVEL TO INDIANA. Whereas, The'Religious Freedom' Law of Indiana essentially permits state - endorsed discrimination against "suspected" LGBT Americans if it goes against a business owner's religious principles; and Whereas, The Common Council finds this bill highly offensive and discriminatory; and Whereas, The City of Buffalo has been, and will continue to be, a leader in ensuring that all LGBT persons enjoy full and equal civil rights; Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) In solidarity with Governor Cuomo's ban on non - essential state travel to Indiana and as a symbolic gesture in support of the LGBT community, and the City of Buffalo orders all agencies, departments, boards and commissions to immediately review all requests for taxpayer funded or city sponsored travel to the State of Indiana and to bar any such publicly funded travel that is not essential to the enforcement of city law or public health and safety. The ban on publicly funded travel shall take effect immediately. The City Clerk's Office will forward copies of this resolution to Governor Andrew M. Cuomo, Mayor Byron Brown, the Law Department, Governor Mike Pence of Indiana, The Indiana State Legislature, the Pride Center of WNY, Gay & Lesbian Youth Services of WNY, Spectrum Transgender Group of Western New York, and the Rainb0 Elders of the Niagara Frontier. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 785 COMMON COUNCIL PRESIDENT DARIUS G. PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: PILOT PLAN FOR THE UPKEEP OF PUBLIC AND PRIVATE VACANT LOTS IN THE ELLICOTT DISTRICT Whereas The maintenance and upkeep of both public and privately owned vacant lots is vitally important during the warm weather months in the Ellicott District and the City as a whole, which requires an updated action plan that better utilizes the resources of the City of Buffalo; and Whereas Under Chapter 3 Section 304.2 of the Property Maintenance Code of New York State, "It shall be the duty of every owner, occupant or person having charge of lands within the City to cut down or cause to be cut down all overgrown weeds, grass, brush and other vegetation and to remove or cause to be removed all garbage and tree limbs or other debris on said land each and every year between May 1 and June 1 and so often thereafter as necessal3— to maintain such land in a sanitary and orderly condition. "; and Whereas Distributing informational literature that outlines the responsibilities of private owners of vacant lots, including the months that the grass must be mowed and the fines associated with lots that fail to meet compliance will help to inform lot owners and their communities; and Whereas There are approximately 4,000 vacant lots in the Ellicott District, roughly 1,900 of which are owned by the City Buffalo; and Whereas By creating a street by street schedule that outlines the Ellicott District's plan to maintain the lawns of City owned lots, residents and their communities are better informed on when locations will be maintained; and Whereas Including community based organizations, faith based groups, residents, businesses, and other Ellicott stakeholders into the implementation of an agreed upon strategy would make the task of maintaining all City owned lots a more manageable task with stronger communication and better volunteer outreach; and Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) Calls on The Departments of Real Estate to provide information of all city and private owned vacant lots in the Ellicott District no later than Monday, April 27, 2015; and 2) Calls on the Buffalo 311 Call Resolution Center to provide the Common Council with all resident complaints regarding vacant lots during the Spring and Summer months of 2014 in the Ellicott District by Monday, April 27, 2015; and 3) Calls on the Department of Public Works, Parks and Streets to draft a letter to be sent to private owners of vacant lots in the Ellicott District to inform them of their responsibility to maintain their lots and to educate themselves on the possible fines /penalties for lots that are in violation of the city code; and 4) Calls on the Department of Public Works, Parks and Streets create a public schedule for the mowing of City owned lots in the Ellicott District by Monday, April 27, 2015; and 5) Calls on The Department of Public Works, Parks and Streets, The Department of Real Estate and the Buffalo 311 Call Resolution Center coordinate with the Common Council to create a comprehensive pilot plan for the Ellicott District based on accumulated data that will include community based organizations, faith based groups, residents, businesses, and other Ellicott stakeholders for implementation of an agreed upon strategy that would reduce the number of empty lots that are in violation of City code, as well as to research the availability of any programs that may be able to assist with vacant lot maintenance; and 6) That copies of this Resolution be forwarded to the above departments, as well as the Ellicott Block Club Associations, the Slumlord Task Force and the Office of the Mayor. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 786 SPONSORED BY: DAVID A. RIVERA, NIAGARA DISTRICT COUNCIL MEMBER WAIVER OF FEES FOR PS 212 - LEONARDO DA VINCI HIGH SCHOOL SENIOR CLASS PICNIC Whereas, Buffalo Public School 212, Leonardo Da Vinci High School, will host a senior class picnic; and, Whereas, the Senior Class Picnic will take place on Monday, June 15th, 2015 from 10:30 am to 2:30pm, located at Front Park; and, Whereas, the picnic will feature a cook out with students, also including soccer games, and activities; and, Whereas, the picnic is organized by parent volunteers, with the faculty at Leonardo Da Vinci High School to supervise the students; and, Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and, Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's Special Events Office. PASSED AYES — 9 NOES — 0 NO. 787 SPONSORED BY: DAVID A. RIVERA, NIAGARA DISTRICT COUNCIL MEMBER WAIVER OF FEES FOR "SENECA NATION BUFFALO RESOURCE CENTER SUMMER CAMP" Whereas, Seneca Buffalo Native Resource Center ( "SNBRC ") is a non - profit organization located at 135 Delaware Avenue; and Whereas, from July 6, 2015 - August 13, 2015, The SNBRC will be hosting its Summer Language Camp at Front Park; and Whereas, the summer camp is a free service for native and non - native children; scheduled for weekdays Monday- Thursday with daily camp hours of 8:30 am to 4pm; and Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's Special Events Office. PASSED AYES — 9 NOES - 0 NO. 788 BY: CHRISTOPHER P SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR PARADE OF CIRCLES 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, The South Buffalo Alive 14 Annual Parade of Circles will be held Sunday, June 7, 2015; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive the Olmsted City Park fee and all event fees the South Buffalo Alive 14 Annual Parade of Circles; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. PASSED AYES — 9 NOES - 0 NO. 789 BY: MR. SMITH SET PUBLIC HEARING REGARDING ABANDONMENT AND SALE, RESULTS OF NEGOTIATIONS, OF PORTIONS OF CARROLL STREET (16,818 FT. HYDRAULIC STREET (24,564 FT RIGHTS OF WAY TO LCO BUILDING, LLC. Whereas The City of Buffalo, Office of Strategic Planning, Division of Real Estate, has received a request from Kavinoky Cook, LLP, Laurence Rubin, Esq., of counsel, representing LCo Building, LLC (Hereinafter, "LCo "), and /or a corporation, partnership, or other legal entity to be designated by LCo and approved by the Office of Strategic Planning, to purchase a 16,818 square foot portion of Carroll Street Right of Way and a 24,564 square foot portion of Hydraulic Street Right of Way; and WHEREAS: Mr. Rubin, on behalf of LCo, has agreed to pay $57,000.00 for a 16,818 square foot portion of Carroll Street Right of Way and a 24,564 square foot portion of Hydraulic Street Right of Way; and WHEREAS: The abandonment /sale and results of negotiations have been submitted to the Common Council for approval, in accordance with Article 27.5 of the City Charter, pending a Public Hearing; and In accordance with standard abandonment procedures, such sale requires a five day notice of a public hearing to be marked "Notice of Hearing," with reference to such change in the official map and shall be published at least once in an official publication of the City or in a newspaper of general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing," in the Buffalo News, no later than the 17 day of April 2015; and. BE IT FURTHER RESOLVED: That this Common Council will conduct a Public Hearing on the matter stated in said 'Notice of Hearing" at 2 P.M. in the Council Chambers on the 28th April 2015. ADOPTED NO. 790 BY: MR. SMITH WAIVE BAND SHELL FEE FOR "TAKING IT TO THE STREETS" Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Now, therefore be it resolved, That the Common Council of the City of Buffalo respectfully request that Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive all fees applicable for the above listed events; and Be it further resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED AYES — 9 NOES - 0 NO. 791 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL FOR VARIOUS EVENTS Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Now, therefore be it resolved, That the Common Council of the City of Buffalo respectfully request that Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive all fees applicable for the above listed events; and Be it further resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED AYES – 9 NOES – 0 BY: MR. WYATT 0 lelwk*a BUDGET AND PERSONNEL AMENDMENT 32- BUILDINGS 50- STREET SANITATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 32- Buildings - 1096- Operations and Maintenance; 50- Street Sanitation - 1230- Cleaning and Snow Removal which currently reads: 13296001- 1096- Operations and Maintenance 18 Laborer II $ 23,908 - $34,139 3 Laborer 1 $ 23,908 - $31,455 15030001 - 1230 - Cleaning and Snow Removal 12 Laborer 11 $ 23,908 - $34,139 3 Laborer I(Daily) $ 23,908 - $35,647 Is hereby amended to read: 13296001- 1096- Operations and Maintenance 19 Laborer 11 $ 23,908 - $34,139 2 Laborer 1 $ 23,908 - $31,455 15030001 - 1230 - Cleaning and Snow Removal 13 Laborer 11 $ 23,908 - $34,139 2 Laborer 11 (Daily) $ 23,908 - $35,647 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said— amount set forth in the foregoing ordinance. PASSED AYES – 9 NOES - 0 NO. 793 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 20- POLICE 1123 - BUILDING MAINTENANCE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 -i 123- Building Maintenance which currently reads: 5 Laborer II $23,908 - $34,139 4 Laborer $23,908 - $31,455 Is hereby amended to read: 6 Laborer II $ 23,908 - $34,139 3 Laborer 1 $ 23,908 - $31,455 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN. MAYOR, DANIEL DERENDA, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES – 9 NOES - 0 NO. 794 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. See the attached page. Total: 40 Alba, Danielle M. Atkinson, Rachel Blattenberger, Loren Brown, Jennifer L. Cieri Jr., Salvatore Clarke, Taunya Colomaio, Rosemarie F. Costello, John Cunniff, Nicki Curry, Jennifer L. DeLuca, Danielle Grinnell, Jena J. Gurnee, Yvonne Hermann, Kathleen M. Horvatits, Jessica . Johnson, Marsha Annette Kaminska, Pamela Kennedy, Sheila Lawrence, Christopher Lennon, Roy O. Linneborn, Tracey Lynch, Meghan McMahon, Helene Miller, Michael J. Moore, Stephanie Murphy, Erica Ostrowski, Kimberly M. Rivera Jr., Alfredo Rouleau, Ann Ryan, Mary Jo St. Pierre, Brighid Santorio, Mary D. Settlekowski, Ellen Shchenina, Darya A. So, Timmy J. K. Taylor, Aaron Todoro, Ada Tolsma, Patricia A. Tomer, Jillian B. Vogel, Mary Ellen ADOPTED NO. 796 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) ate 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. Bartolotta, Renee DePasquale, Michelle Lavin, Shawn Maloney, Siobhan Pinto, Adrian Przepasniak, Ellen Rosen, Jeremy Simmon, Jesse Szukala, Michael Walsh, Catherine C TOTAL: 10 ADOPTED NO. 796 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 21, 2015 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, April 21, 2015 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, April 21, 2015 at 1:00 o'clock P.M Committee on Legislation Tuesday, April 21, 2015 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 797 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:15 pm GERALD A. CHWALINSKI CITY CLERK