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HomeMy WebLinkAbout15-0512NO. 10 PROCEEDINGS OF THE CITY OF BUFFALO MAY 12, 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 MAYOR DATE May 12, 2015 **FINAL** 899- 1. Appoint Deputy Mayor(Exempt)(Ball) CS MAYOR – EXECUTIVE APP W /COND 900- 2. Cit Serv- Submission of Monthly Report -April 2015 R &F 901- 3. Plan Bd -SEQR- Negative Declaration -Gates Circle Demo Project ADOPT 902- 4. Plan Bd -SEQR- Negative Declaration - Pilgrim Village Redevelopment ADOPT 903- 5. Strat Plan- Report of Sale 89 Detroit(Fill) APP 904- 6. Strat Plan- Report of Sale -62 Loepere(Fill) APP 905- 7. Strat Plan- Report of Sale -1220 Michigan & 53 Southampton(Ell) APP 906- 8. Strat Plan- Report of Sale -120 Peck(Fill) APP 907- 9. Strat Plan- Report of Sale -639 West(Nia) APP 908- 10. Strat Plan- Report of Sale -111 Welker(Mas) CD COMPTROLLER 909- 10A Budget Response- 2015 -2016 BUDGET 910- 10B Certificate of Necessity - Firehouse Design R &F 911- 11. Comptroller's Certificate of Award for the 2015 Bonds R &F 912- 12. Response Regarding Capital Borrowing FIN COUNCIL PRESIDENT 913- 13. Appointment to Buffalo Arts Comm(Wells) R &F ASSESSMENT 914- 13A Request Approval of Award - Pictometry Intrn for Bflo St Imagery APP 915- 13B Request Approval of Award- ProServe Solutions -for Online Assmt Tool 916- 13C Request Approval of Award -GAR Assoc for Portion of Real Property Reassessment Project APP 917- 13D Request Approval of Award - Eminger, Newton, Pigeon & Magyar Inc - for a Portion of The Real Property Reassessment Project APP PUBLIC WORKS 918- 14. Notification Serials -10845 to 10848(Waive 45 Days) R &F 919- 15. Change in Contract - Engine 26 New Roof(North) APP 920- 16. Change in Contract - Niagara St Streetscape Project -Phase I(Fill & Ell) APP 921- 17. Change in Contract -North Buffalo Ice Rink(Del) APP 922- 18. Change in Contract - Replacement of Streetlights Citywide APP 923- 19. Permission to Engage Services- City -Wide Bridge Rehab Project APP 924- 20. Permission to Enter Agreement -NYS Industries for the Disabled -City Court Cleaning Contract APP 925- 21. Permission to Hire Consultant and Enter Agmt For Design, Construction, and Inspection Michigan and Broadway Archway(Ell) APP 926- 22. Permission to Increase Contract CDM Smith- Fluoride /Chlorine Scrubber Const(Elh APP 927- 23. Permission to Increase Contract CDM Smith -Water Filtration Solide Proj_APP 928- 23A Privately Owned Bus Shelter Within City ROW -337 Ellicott APP W /COND 929- 24. Report of Bids - City -Wide Mill & Overlay 2015 APP 930- 24A Report of Bids -City Wide Curb & Sidewalk Replacement -2015 APP 931- 24B Report of Bids - City -Wide Curb & Sidewalk Replacement (Bond Specific Locations) -2015 APP 932- 25. Report of Bids -Police Headquarters Garage Floor Rehab(Fill)(Acct Corr)_APP 933- 26. Appoint Sr. Clerk(Perm)(Max)(Roessler) CS FIRE 934- 27. Appoint Firefighter(Perm)(Jones, Watson, Dasaro, Peoples, Lewis, Fulton, McCarthy, Matteson, Schmand, Roth, Breggins Jr, Schultz, Basil, Scarsella, Haynes, Myers, Adymy, Robinson, Whitfield III, Kline, Martin, Dixson, Parisi, Peters, Manley, Lomot, Boyock, Alagna, McKnight, Vaccaro, Tirone, Bogucki, Schmitt, Vazquez, Calhoun, R. Sullivan, Hicks, Rajski, Sexton, Crum, L. Williams, Fulton, Snyder, B. Williams, Jindra, Brown, Whitfield, Joseph, Stokes, Hynes, Megna, Byrd, Rose, Pecoraro, Lopez, Akin, McCleary, Hinkle, Betyn, Bell, T. Sullivan, Dileo CS 935- 27A Appoint Firefighter(Perm)(Morrissey, Sanders, McCulley III, Weeks, Leber Jr, Deabold Jr) CS 936- 28. Appoint Firefighter(Perm)(Jorden, Jr, Cronin, Isch, Wichlacz, English, Agustin, Montgomery, Victori, Wojnar, Worthy, Walker, Felder, Mollerus, Webster, Renkas, Garry, O'Neil, Jones, Blake, Schaefer, Crockett, Pieczynski, Eldridge, Schroeder, O'Connor, Russell, Morrison, Burt, Kusmierski, Kwiatowski, Matthews, Maynard, Fino, Whitehead, Caulfield, Neuman, Washington, Sporski, Hart, Ingram, Jr, Fulton, Brennan, LoTempio, Keenan, Collier, Murphy, Hyatt, Eason, Busshart, Kazmierczak, Krug, Melendez, Flumerfeldt, Egloff III, Leonard, Black III, McCormick, Redden, Malczewski, Falzone, Pearson) CS CORPORATION COUNSEL 937- 28A Extension of Lock Up Agmt Between COB & EC for Handling HUMAN RESOURCES 956- 47. Req Perm Enter Agreement With Be Well for IOD Consultant and Case Pre - Arraigned Female Arrestees APP PERMITS AND INSPECTIONS 938- 29. Food Store License(New) -3215 Bailey aka 3217(Univ) APP W /COND 939- 30. Food Store License(New) -959 Broadway aka 707 Fillmore(Fill) LEG 940- 31. Food Store License(New) -525 Doat(Lov) LEG 941- 32. Food Store License(New)- 18 8 Grant(Nia) APP 942- 33. Food Store License(New) -363 Hopkins(South) LEG 943- 34. Food Store License(New) -2419 Seneca(South) LEG 944- 35. Food Store License(New) -1076 Sycamore(Fill) LEG 945- 36. Sidewalk Cafe -111 Genesee(Ell) APP 946- 37. Sidewalk Cafe -1435 Hertel(Del) APP 947- 38. Used Car Dealer -31 Abbott(South) LEG 948- 39. Used Car Dealer -665 Bailey(Lov) LEG 949- 40. Used Car Dealer -1261 Hertel(Del) LEG 950- 41. Used Car Dealer -1193 Jefferson(Ell) LEG 951- 42. Appoint Chief Electrical Inspector(Perm)(Fifth Step)(Moore) CS 952- 43. Appoint Electrical Inspector(Perm)(Fifth Step)(O'Connor) CS ADMINISTRATION AND FINANCE 953- 44. Permission to Auction/Scrap Vehicles APP 954- 45. Appoint Assistant Administrator of Treasury and - Collections(Prov)(Inter)(Bryant) CS PARKING 955- 46. Appoint Laborer II(Perm)(Inter)(Campbell) CS HUMAN RESOURCES 956- 47. Req Perm Enter Agreement With Be Well for IOD Consultant and Case Mngt for Police Officers & Fire Fighters FIN CITY CLERK 957- 48. Application for Restricted Use Permit -69 W. Chippewa(05 /21/2015) APP 958- 49. Liquor License Applications R &F 959- 50. Leaves of Absence R &F 960- 51. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 961- 52. D. Franczyk -Rev G. Steeves -Req Repair of Sidewalk - Resurrection Health Center CD,PW 962- 53. D. Marek- Concerns Re Community Waterfront Center CD,PW 963- 54. C. Meadows - Concerns Brownfields and Water Lines LEG 964- 55. D. Pridgen -P. McQuillen- Request Support Strong Opposition to Any Federal Legislation That Would Preempt NYS Law Re Carrying of Concealed Firearms by Civilian Non - Residents LEG 965- 56. M. Romanowski -Site Plan Approval 3 Gates Circle R &F 966- 57. M. Romanowski -Site Plan Approval Mixed Use Development R &F 967- 58. M. Romanowski -SEQR -903 Ellicott, 1100 Michigan, 150 North St R &F 968- 59. M. Romanowski- SEQR -3 Gates Circle R &F PETITIONS 969- 60. S. Dargavel, Owner, Use 1880 Seneca St. to Re- Establish a Take Out Restaurant(hrg 5 /19)(South) LEG,CPBD 970 61. J. Felix, Owner, Use 464 Seventh for a Barber Shop in the Niagara River Coastal District(hrg 5 /19)(Ell) LEG,CPBD RESOLUTIONS 991- 62. Fontana Authorizing an Amended and Restated Ground Sublease - Refunding of Revenue Bonds APP 992- 62A Fontana Transfer of Funds - Firehouse Conceptual Design APP 993- 62B Fontana FIRM Assembly Bill A.5975 -An Act to Amend Finance Law In Relation to Sale of Bonds & Notes of COB ADOPT 994- 62C Fontana FIRM-Senate Bill 5.4384 -An Act to Amend the Local Finance Law in Relation to Sale of Bonds & Notes of COB 995- 62D Fontana,etc FIRM-Senate Bill 5.4229 -An Act to Amend Real Property Tax Law in Relation to Authorizing COB to Treat Unpaid Building Code, Prop Maint and Nuisance Fines As Delinquent Taxes ADOPT 996- 62E Fontana FIRM-Senate Bill 5.741 -An Act Relating to Final Judgement in Foreclosure By In Rem Proceedings in COB ADOPT 997- 62F Fontana FIRM-Assembly Bill A.6528 -An Act to Amend Real Property Tax Law in Relation to Authorizing the COB to Treat Unpaid Building Code, Prop Maint & Nuisance Fines as Delinquent Taxes ADOPT 998- 62G Fontana FIRM-Assembly Bill A.474 -An Act Relating to Final Judgement in Foreclosures By in Rem Proceedings in COB 999- 63. Franczyk, etc Perm to Conduct the 58 Annual Allentown Art Festival APP 1000- 63AA Franczyk,etc Waive Special Event and Tent Permit Fees for "Citywide Speak Out Rally in the Park Against Youth Incarceration "_APP 1001- 63A Golombek Disch ccp# 2370, 11/25/14 -Food Store License New -791 Tonawanda ADOPT D/C APP 1002- 63B Golombek Appoint Member Bicycle Pedestrian Advisory Bd(Gibbons)_APP 1003- 63C Golombek, etc Empowering the Commission on Citizens' Rights LEG 1004- 64. LoCurto Permission to Hang Lights on Hertel Ave APP 1005- 65. LoCurto,etc Permission to Hang Pride Flags on Portion of Elmwood Place(EDPI) (Stachowski)(Pol) APP 973- Ave and Allen St APP 1006- 65A LoCurto Waive Permit Fees for Indep Health Run in Delaware Park APP 1007- 66. LoCurto Waive Special Event Application Fee for North Buffalo APP 975- 5. 15 -843 Com Apr 28 Notices of Appointments- Temp /Prow /Perm(Cty Clk) Farmer's Market APP 1008- 67. Pridgen Ordinance Amendment- Chapter 372 Bouncers LEG 1009- 68. Rivera Waiver of Field Fee for BIREC World Refugee Day 15 -873 No Apr 28 R. Wyatt- University District Food Store Renewal Session Outcome(15- 756,4/14) R &F Soccer Tournament APP 1010- 69. Scanlon Waive Event Fees for Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park APP 1011- 70. Scanlon Waive Event Fees for S. Buffalo School of Music Summer Rock Camp Concert APP 1012- 70A Scanlon,etc Require the Bflo Fire Dept to Immediately Retrofit Any and All Outdated Fire Houses to Include Proper Facilities For Female Firefighters FIN 1013- 71. Smith Appointment Marriage Officer ADOPT 1014- 72. Wyatt Comm of Deeds -Public Duties ADOPT 1015- 73. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 971- 1. 15 -821 Com Apr 28 Appoint Dispatcher (Perm)(Max)(Huthmacher)(PW) APP 972- 2. 15 -823 Com Apr 28 Appoint Senior Cell Block Attendant(Perm)(Inter Step 16of 7) 10. 15- 831Com Apr 28 Mobile Food Truck -Ricos Pinchos Place(EDPI) (Stachowski)(Pol) APP 973- 3. 15 -824 Com Apr 28 Appoint Senior Cell Block Attendant(Prov)(Step 2 of 5) 982- 12. 15 -853 No Apr 28 R. Bath, Agent, Use 1116 Elmwood to Create an Outdoor Patio in the City (Hanrahan)(Pol) APP 974- 4. 15 -825 Com Apr 28 Appoint Senior Cell Block Attendant (Prov)(Inter)(Jaskula)(Pol) APP 975- 5. 15 -843 Com Apr 28 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 976- 6. 15 -625 No Mar 31 R. Fontana -M. Schroeder - Concerns LaSalle Ambulance d/b /a Rural Metro Medical Services COMMUNITY DEVELOPMENT 977- 7. 15 -708 Com Apr 14 Permission to Amend Agmt for Recycling Education & Marketing Services(item APP 4/14/15 w /cond, for discussion) LEGISLATION 978 8. 15 -827 Com Apr 28 Food Store License(New) -344 Broadway(Ell)(EDPI) APP 979- 9. 15 -829 Com Apr 28 Food Store License(New) -468 Niagara(Ell)(EDPI) APP 980- 10. 15- 831Com Apr 28 Mobile Food Truck -Ricos Pinchos Place(EDPI) APP 981- 11. 15 -846 No Apr 28 R. Fontana - Concerns & Response Brinkman St R &F 982- 12. 15 -853 No Apr 28 R. Bath, Agent, Use 1116 Elmwood to Create an Outdoor Patio in the City ROW for Existing Restaurant in the Elmwood Ave Business District (Del)(hrg 515) APP W /COND 983- 13. 15 -856 No Apr 28 B. Bernatovicz, Agent, Use 500 Seneca -To Erect Ground Signs on the Lot of A Multi -Story Mixed -Use Bldg(no hrg)(Fill) APP 984- 14. 15 -891 Res Apr 28 Establishment of a Committee on Mandatory Paid Sick Leave(LoCurto) ADOPT 985- 15. 15 -873 No Apr 28 R. Wyatt- University District Food Store Renewal Session Outcome(15- 756,4/14) R &F 986- 16. 15 -879 No Apr 28 Food Store License(New) -140 Abbott Rd (Lov)(EDPI)( 415- 730,4/14) APP W /COND R &F 987- 17. 15 -778 No Apr 14 F. Lazarus, Agent, Use 475 Ellicott-Erect LED Billboard Ground Sign in The Downtown Opportunity District(Ell)(Hrg 3/10)( 415 -448, 3/3) APP 988- 18. 15 -418 Com Mar 3 Food Store License(New) -1225 Hertel(Del)(EDPI) APP W /COND 989- 19. 15 -420 Com Mar 3 Food Store License(New) -2248 Main(Del)(EDPI) APP W /COND 990- 20. 15 -383 Res Feb 17 Recycling in the City of Buffalo(exc res)(Pridgen,etc) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MAY 12, 2015 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Smith, Wyatt— 9 Absent — None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on April 28, 2015 were approved FROM THE MAYOR NO. 899 APPOINT DEPUTY MAYOR(EXEMPT)(BALL) Certificate of Appointment Appoint effective April 29, 2015 in the Department of Executive Division of Mayor to the Position of Deputy Mayor Exempt Flat starting Salary of $105,919 Elizabeth A. Ball, 184 Norwalk Ave, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 900 SUBMISSION OF MONTHLY REPORT FOR APRIL 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 April 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 CITY PLANNING BOARD NO. 901 SEQR- NEGATIVE DECLARATION -GATES CIRCLE DEMO PROJECT Re: SEQRA Negative Declaration for the proposed Gates Circle Redevelopment /Medical Services Building Demolition Project To All Interested and Involved Agencies: Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing the City of Buffalo Planning Board's State Environmental Quality. Review Act Negative Declaration for the proposed Gates Circle Redevelopment /Medical Services Building Demolition Project. If you have any questions or concerns regarding the Negative Declaration or the Project, please do not hesitate to contact me at the City of Buffalo Planning Department at (716) 851 -5029. Sincerely, Nadine Marrero, AICP City of Buffalo Director of Planning Copy available for review in the City Clerk's Office ADOPTED NO. 902 NEGATIVE DECLARATION- PILGRIM VILLAGE REDEVELOPMENT Re: SEQRA Amended Negative Declaration for the proposed Pilgrim Village Redevelopment /Campus Square project To All Interested and Involved Agencies: Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing the City of Buffalo Planning Board's State Environmental Quality Review Act Amended Negative Declaration for the proposed Pilgrim Village Redevelopment /Campus Square Project- If you have any questions or concerns regarding the Amended Negative Declaration or the Project, please do not hesitate to contact me at the City of Buffalo Planning Department at (716) 851 -5029. Sincerely, Nadine Marrero, AICP City of Buffalo Director of Planning Copy available for review in the City Clerk's Office ADOPTED FROM THE OFFICE OF STRATEGIC PLANNING NO. 903 REPORT OF SALE 89 DETROIT- VACANT LOT 249 N William Lot Size 30'x 118' Assessed Valuation: $1,800 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Timothy Hippert, 95 Detroit, Buffalo, New York 14206 to purchase 89 Detroit. Mr. Hippert intends to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($.75) per square foot. Mr. Hippert has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800), Fifty Cents ($.50) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 89 Detroit to Mr. Hippert in the amount of One Thousand Eight Hundred Dollars ($1,800). 1. Mr. Hippert 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. Hippert 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 May 5, 2015, be received and filed; That the offer from Mr. Timothy Hippert, 95 Detroit, Buffalo, New York 14206, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 89 Detroit be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 904 REPORT OF SALE 62 LOEPERE- VACANT LOT 480 S Stanislaus Lot Size 30'x 108' Assessed Valuation: $1,600 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Riaz Ahmad Khokhar, 51 Loepere, Buffalo, New York 14212 to purchase 62 Loepere. Mr. Riaz Ahmad intend to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Seventy Five Cents ($75) per square foot. Mr. Khokhar has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty Three Cents ($.43) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 62 Loepere to Mr. Khokhar in the amount of One Thousand Four Hundred Dollars ($1,400). 1. Mr. Khokhar 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. Khokhar 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 May 5,2015, be received and filed; That the offer from Mr. Riaz Ahmad Khokhar, 51 Loepere, Buffalo, New York 14212, in the amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 62 Loepere be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 906 REPORT OF SALE 1220 MICHIGAN & 63 SOUTHAMPTON (ELL) 1220 Michigan — Vacant Lot West Side, South Corner of Southampton Lot Size: 40'x 75' Assessed Value: $6,000 53 Southampton — Vacant Lot South Side, 75.15' West Michigan Lot Size: 52.60'x 70' Assessed Valuation: $1,200 The Office of Strategic Planning, Division of Real Estate has received a request from Philip and Jacqueline M. Johnson residing at 170 Forestview Drive, Williamsville, New York 14221 to purchase 1220 Michigan and 53 Southampton. Mr. & Mrs. Johnson own a two - family home at 1218 Michigan, which is adjacent to both 1220 Michigan and 53 Southampton. They would like to purchase 1220 Michigan and 53 Southampton 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 Seventy -Five Cents ($75) to Two Dollars ($2.00) per square foot. Mr. & Mrs. Johnson have agreed and is prepared to pay Six Thousand Dollars ($6,000), Two Dollars ($2.00) per square foot for the property located at 1220 Michigan and One Thousand Five Hundred Dollars ($1,500), Seventy -Five Cents ($75) per square foot for the property located at 53 Southampton, for a total of Seven Thousand Five Hundred Dollars ($7,500) for the both properties. I am recommending that Your Honorable Body approve the sale of 1220 Michigan in the amount of Six Thousand Dollars ($6,000) and 53 Southampton in the amount of One Thousand Five Hundred Dollars ($1,500) for a total purchase price of Seven Thousand Five Hundred Dollars for both properties to Philip and Jacqueline M. Johnson on condition: 1. Philip and Jacqueline Johnson agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees. 2. Philip and Jacqueline Johnson agree 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 May 5, 2015, be received and filed; That the offer from Philip and Jacqueline M. Johnson, 170 Forestview Drive, Williamsville, New York 14221, in the amount of Six Thousand Dollars ($6,000.00) for the purchase of 1220 Michigan and in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 53 Southampton be and hereby is accepted; and That the purchasers agree 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 purchasers agree 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. 906 REPORT OF SALE 120 PECK- VACANT LOT 222 S Broadway Lot Size 30'x 107' Assessed Valuation: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Justin K. Scheiflu and Mrs. Mary A. Scheiflu, 126 Peck, Buffalo, New York 14212 to purchase 120 Peck. Mr. and Mrs. Scheiflu intend to use the property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Ninety Five Cents ($.95) per square foot. Mr. and Mrs. Scheiflu has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Forty Cents ($.40) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 120 Peck to Mr. and Mrs. Scheiflu in the amount of One Thousand Three Hundred Dollars ($1,300). 1. Mr. and Mrs. Scheiflu agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mr. and Mrs. Sceiflu agree 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 May 5, 2015, be received and filed; That the offer from Mr. Justin K. Scheiflu and Mrs. Mary A. Scheiflu, 126 Peck, Buffalo, New York 14212, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 120 Peck be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 907 REPORT OF SALE 639 WEST- VACANT LOT 284 NW Rhode Island Lot Size 30'x 149' Assessed Valuation: $4,800 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. and Mrs. Adam Hovey, 210 Anderson Place, Buffalo, New York 14222 to purchase 639 West Ave. Mr. and Mrs. Hovey intend to use the property for additional green space for his adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to Two Dollars ($2.00) per square foot. Mr. and Mrs. Hovey have agreed and is prepared to pay Five Thousand Dollars ($5,000), One Dollar Twelve Cents ($1.12) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 639 West to Mr. and Mrs. Hovey in the amount of Five Thousand Dollars ($5,000). Mr. and Mrs. Hovey agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees Mr. and Mrs. Hovey agree 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 May 5, 2015, be received and filed; That the offer from Mr. and Mrs. Adam Hovey, 210 Anderson Place, Buffalo, New York 14222, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 639 West be and hereby is accepted; and That the purchasers agree 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 purchasers agree 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. 908 REPORT OF SALE 111 WELKER Two Family 94' N Woodlawn Lot Size: 60'x 88' Assessed Value: $25,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Getachew Legasse, 23 Grant Street, Buffalo, New York 14213 to purchase 111 Welker. Mr. Legasse will renovate the dwelling for use as his primary residence and income property. He has estimated the cost of renovations to be Forty Two Thousand Dollars ($42,000) that has been reviewed by the Division of Real Estate. Mr. Legesse has provided proof of financial ability to complete the purchase and repair the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of this property There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Legasse has agreed and is prepared to pay Six Thousand Dollars ($6,000) 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 111 Welker for the amount of Six Thousand Dollars ($6,000) to Mr. Legasse. 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. 909 BUDGET RESPONSE 2015 -2015 Pursuant to § 20 -7 of the Buffalo City Charter, attached is the Comptroller's assessment of the accuracy of the revenue and expenditure estimates of the 2015 -2016 budget and the four -year financial plan for fiscal years ending 2016 -2019. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 910 CERTIFICATE OF NECESSITY -FIRE HOUSE DESIGN Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $395,094 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Capital Projects Planning $395,094 To: 30363206- 445500 Firehouse Conceptual Design $395,094 RECEIVED AND FILED NO. 911 COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2015 BONDS 1, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On April 15, 2015, at 11:00 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211 North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by facsimile transmission. 2. At that time and place, eleven (11) sealed bids were received for the purchase of $30,078,985 General Improvement Serial Bonds - 2015 of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the Comptroller as of April 1, 2015, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that FTN Financial Capital Markets, Memphis, TN, was the successful bidder to whom the bonds were then awarded, at the purchase price of $34,921,106.14 (being the par amount of the bonds $30,078,985 plus a net premium of $4,842,121.14), plus accrued interest, if any, from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: Total Interest Cost .. ............................... $8,810,174.97 Less the Amount of the ......................... $4,842,121.14 Net Premium Bid Above Par ................ Net Interest Cost .... ............................... $3,968,053.83 TIC .................. ............................... 1.9852138% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in each of the year 2016 at 2.00 %; Bonds maturing in the year 2017 at 4.00 %; and Bonds maturing in the years 2018 through 2026, inclusive at 5.00% such rates of interest being the rates necessary for the City to sell said Bonds. (a) As set forth in the Certificate of Determination, it is further determined that the principal amounts of said Bonds shall be adjusted so that the amount of bond proceeds were not in excess of the purposes for which the bonds were being issued as prescribed by applicable federal tax law. Said Bonds shall mature on April 1 in each of the years and principal amounts as set forth below: $2,848,985 in the year 2016; $2,570,000 in the year 2022; $2,815,000 in the year 2017; $2,625,000 in the year 2023; $2,480,000 in the year 2018; $2,690,000 in the year 2024; $2,455,000 in the year 2019; $2,760,000 in the year 2025; and 2,490,000 in the year 2020; $2,830,000 in the year 2026. $2,525,000 in the year 2021; (b) The projects to be financed by the issuance of the Bonds shall mature on April 1 in each of the years as set forth in row (J) in the respective principal amounts as set forth in columns 1 -48 of Appendix A attached hereto. 6. After giving effect to the adjustment in the principal amount of the Bonds as provided in paragraph 5 above, the purchase price of the Bonds shall be $33,771,234.32 (being equal to the par amount of the Bonds, $29,088,985.00, plus a net premium of $4,682,249.32). 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. IN WITNESS WHEREOF, I have hereunto set my hand as of the 15 day of April, 2015. Mark JF Schroeder Comptroller RECEIVED AND FILED NO. 912 RESPONSE REGARDING CAPITAL BORROWING Dear Ms. Mongold -Robe: I am writing in response to your letter regarding capital borrowing, requesting "the reasoning for the City to continue to borrow on its own behalf as well as other information on the City's recent debt issuance. As Comptroller and the Chief Fiscal Officer of the City of Buffalo, I have a fiduciary responsibility to ensure the long -term financial health of the City. The City's efforts to borrow on its own behalf are a part of this effort, and have led to upgrades from both Moody's and Standard & Poor's. The City's improved ratings have resulted in reduced borrowing costs while demonstrating to the bond market the progress the City has made in managing its own finances and improving its creditworthiness. While a minor cost savings could be achieved in the short -term by relying on the BFSA to borrow on the City's behalf, any shift towards increased reliance on the BFSA would send the wrong message to investors, rating agencies, and the citizens of Buffalo, who elected me to protect the fiscal health of our great City, both now and for years to come. I have attached the other information you have requested. As you can see the amount of savings that the BFSA would achieved were less than your estimates, and would be further reduced by the fees charged by the BFSA's New York City -based consultants, whose exorbitant fees made last year's mirror bond refunding opportunity cost - prohibitive. Please feel free to contact me if you have any additional questions. REFERRED TO THE: COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL NO. 913 APPOINTMENT TO THE BUFFALO ARTS COMMISSION To the Honorable Body: Pursuant to the powers given in Article 5 of Chapter 6 of the City of Buffalo Charter, I am informing this Honorable Body of an appointment to the Buffalo Arts Commission. I hereby appoint Gall V. Wells, residing at 261 Clinton Street, to the Buffalo Arts Commission. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 914 REQUEST APPROVAL OF AWARD OF CONTRACT TO PICTOMETRY INTERNATIONAL CORPORATION FOR CITY OF BUFFALO STREET IMAGERY I respectfully request that your Honorable Body authorize the award and execution of a contract between the Department of Assessment & Taxation and Pictometry International Corporation to perform digital street level imagery of all improved parcels of real property located within the City for use in the City's upcoming Real Property Reassessment Project. Attached please find the proposed contract for your review and approval. A Request for Proposals was issued on October 17, 2014 soliciting the requested services. Three (3) proposals were received in response to the Request for Proposal from the following Offerors: (1) Facet Technology Corporation; (2) Pictometry International Corporation with Tyler Technologies; and (3) Pictometry International Corporation with iLOOKABOUT, Inc. A review panel consisting of members of this department and the Dept. of Administration & Finance was assembled to review each proposal and determine the proposal deemed to be in the best interests of the taxpayers. Amongst the factors considered in the selection of the successful Offeror, was the ability to capture the images and then integrate them into our existing systems, prior experience, including reassessment work, and price. Pictometry International Corporation with iLOOKABOUT, Inc., as its subcontractor, met the City's requirements while proposing the lowest overall value of $146,000. The contract cost includes $144,000 for the images and $2,000 for assessment project management module integration (GeoViewPort). The proposed contract also includes a one (1) year no cost option for the City to utilize GeoViewPort through ILOOKABOUT, Inc. and the ability to continue with the use of such license with ILOOKABOUT, Inc., for a set annual fee following the Real Property Reassessment Project. An Efficiency Grant from New York State will be used to fund this Street Imagery portion of the Real Property Reassessment Project contract covers all costs associated with the services to be performed. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated May 8, 2015, be received and filed; That the Common Council hereby authorizes the award and execution of a contract between the Department of Assessment and Taxation and Pictometry International Corporation to perform digital street level imagery of all improved parcels of real property located within the City of Buffalo for use in the City's upcoming Real Property Reassessment Project. The anticipated contract period will be from May 15, 2015 to May 14, 2016. The proposed contract covers all costs associated with the service to be performed. An efficiency grant from New York State will be used to fund the Street Imagery portion of the Real Property Reassessment Project. PASSED AYES — 9 NOES — 0 NO. 915 REQUEST APPROVAL OF AWARD OF CONTRACT TO PROSERVE SOLUTIONS LLC IN FOR ONLINE ASSESSMENT TOOL I respectfully request that your Honorable Body authorize the award and execution of a contract between the Department of Assessment & Taxation and ProServe Solutions. LLC. for the development and implementation of an Online Assessment Tool to be made available on the City of Buffalo website. Attached please find the proposed contract for your review and approval. A Request for Proposals was issued on October 22, 2014 soliciting the requested services. Four (4) proposals were received ill response to the Request for Proposals from the following Offerors: (1) Bergrnman Associates; (2) ProServe Solutions LLC.; (3) Systems Development Group, Inc.; and (4) Wendell Companies. A review committee consisting of members of this department and the Dept. of Administration & Finance assembled to review each proposal and determine the proposal deemed to be ha the best Interests of -the taxpayers. Among the factors considered ha the selection of the successful Offeror was the ability to Integrate the proposed software into our existing systems, prior experience, including reassessment work, and price. The committee found that ProServe, LLC. satisfied the City's requirements while proposing the lowest overall value of $13, 440 annually. ProServe Solutions, LLC. offered the City an upfront five (5) year term contract for $63,750 which resulted in a savings of $3,450 off the annual cost originally offered. An Efficiency Grant from New York State will be used to fund this Online Assessment Tool portion of the Real Property Reassessment Project. The proposed contract period will be from June 1, 2015 to May 31, 2020, with a one -year renewal option. The proposed contract covers all costs associated with the services to be performed. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated May 8, 2015, be received and filed; That the Common Council hereby authorizes the award and execution of a contract between the Department of Assessment and Taxation and ProServe Solutions, LLC for the development and implementation of an Online Assessment Tool to be made available on the City of Buffalo website. The proposed contract period will be from June 1, 2015 to May 31, 2020, with a one -year renewal option. The proposed contract covers all costs associated with the service to be performed. An efficiency grant from New York State will be used to fund the Online Assessment Tool portion of the Real Property Reassessment Project. PASSED AYES — 9 NOES — 0 NO. 916 REQUEST APPROVAL OF AWARD OF CONTRACT TO GAR ASSOCIATES, INC. FOR A PORTION OF THE REAL PROPERTY REASSESSMENT PROJECT I respectfully request that your Honorable Body authorize the award and execution of a contract between the Department of Assessment & Taxation and GAR Associates, Inc. to perform the valuation of the approximately thirty (30) Unique and Highly Complex Parcels and data verification and valuation of Roll Section Eight (8) Parcels on the City's Real Property Assessment Roll. Attached please find the proposed contract for your review and approval. On October 14, 2014 the City issued a Request for Proposals soliciting the offers to perform reassessment services. Three (3) proposals were received in response to the Request for Proposals from the following Offerors: (1) Emminger, Newton, Pigeon & Magyar, Inc.; (2) Tyler Technologies; and (3) GAR Associates, Inc. A review committee consisting of members of this department and the Dept. of Administration & Finance was assembled to review each proposal and determine the proposal deemed to be in the best interests of the taxpayers. Amongst the number of factors considered in the selection of the successful Offeror was prior experience performing real property reassessment work, project team credentials, and price. The committee found that GAR Associates, Inc., satisfied the City's requirements for performing the above described services. The proposed contract provides for an overall cost of $350,000 for the period covering the City's Real Property Reassessment Project and is anticipated to run from May 15, 2015 to May 14, 2017. The contract also provides for four (4) one (1) year options to renewal upon mutual consent of the parties. Any renewal or extension must be in writing and subject to all municipal approvals. The proposed contract covers all costs associated with the services to be performed. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated May 8, 2015, be received and filed; That the Common Council hereby authorizes the award and execution of a contract between the Department of Assessment and Taxation and GAR Associates, Inc. to perform the valuation of the approximately thirty (30) Unique and Highly Complex Parcels and data verification and valuation of Roll Section Eight (8) Parcel's on the City's Real Property Assessment Roll. The proposed contract period will be from May 15, 2015 to May 14, 2017. The proposed contract covers all costs associated with the service to be performed. PASSED AYES — 9 NOES - 0 NO. 917 REQUEST APPROVAL OF AWARD OF CONTRACT TO EMMINGER, NEWTON, PIGEON, & MAGYAR, INC. FOR A PORTION OF THE REAL PROPERTY REASSESSMENT PROJECT I respectfully request that your Honorable Body authorize the award and execution of a contract between the Department of Assessment & Taxation and Emminger, Newton, Pigeon & Magyar, Inc. to perform the valuation of the Residential, Commercial and Industrial parcels in Roll Section One, Non - Public Utility property in Roll Section Six, and act as the general contractor responsible for data collection, valuation and public relations and additional functions as stated in the attached scope of work. Attached please find the proposed contract for your review and approval. On October 14, 2014 the City issued a Request for Proposals soliciting the offers to perform reassessment services. Three (3) proposals were received in response to the Request for Proposals from the following Offerors: (1) Emminger, Newton, Pigeon & Magyar, Inc.; (2) Tyler Technologies; and (3) GAP, Associates, Inc. A review committee consisting of members of this department and the Dept. of Administration & Finance was assembled to review each proposal and determine the proposal deemed to be in the best interests of the taxpayers. Amongst the number of factors considered in the selection of the successful Offeror was prior experience performing real property reassessment work, project team credentials, and price. The committee found that Emminger, Newton, Pigeon and Magyar, Inc. satisfied the City's requirements for performing the above described services. The proposed contract provides for an overall cost not to exceed $2,732,500 for the period covering the City's Real Property Reassessment Project and is anticipated to run from May 15, 2015 to March 1, 2017. The contract also provides for four (4) one (1) year options to renewal upon mutual consent of the parties. Any renewal or extension must be in writing and subject to all municipal approvals. The proposed contract covers all costs associated with the services to be performed. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated May 11, 2015, be received and filed; That the Common Council hereby authorizes the award and execution of a contract between the Department of Assessment and Taxation and Emminger, Newton, Pigeon & Magyar, Inc. to perform the valuation of the Residential, Commercial and Industrial parcels in Roll Section One, Non- Public Utility property in Roll Section Six, and act as general contractor responsible for data collection, valuation and public relations and additional functions. The proposed contract period will be from May 15, 2015 to May 1, 2017, and provides for four (4) one (1) year options to renew upon mutual consent of the parties. Any renewal or extension must be in writing and subject to all municipal approvals. The proposed contract covers all costs associated with the service to be performed. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 918 NOTIFICATION SERIAL # 10845 REPEAL ALTERNATE PARKING - TYPE II LAFAYETTE AVENUE BETWEEN NIAGARA STREET AND BAYNES AVENUE ( NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lafayette Avenue, south side 9:00 AM TO 4:00 PM between Niagara Street Thursday, Friday and Baynes Avenue Lafayette Avenue, north side 9:00 AM to 4:00 PM between Niagara Street Monday, Tuesday, Wednesday and Baynes Avenue NOTIFICATION SERIAL# 10846 INSTALL ALTERNATE PARKING - TYPE II LAFAYETTE AVENUE BETWEEN NIAGARA STREET AND BAYNES AVENUE ( NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lafayette Avenue, south side 9:00 a.m. - 4:00 p.m. November 15 - April 1 between Niagara Street Thursday, Friday and Baynes Avenue Lafayette Avenue, north side 9:00 a.m. - 4:00 p.m. November 15 - April 1, Wednesday between Niagara Street Monday, Tuesday and Baynes Avenue NOTIFICATION SERIAL # 10847 REPEAL ALTERNATE PARKING - TYPE II RICHMOND AVENUE BETWEEN SYMPHONY CIRCLE AND FOREST AVENUE ( DELAWARE, ELLICOTT, AND NIAGARA DISTRICTS) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefi.om the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Richmond Avenue, east side 9:00 AM to 4:00 PM between Symphony Circle Thursday, Friday and Forest Avenue Richmond Avenue, west side 9:00 AM to 4:00 PM between Symphony Circle Monday, Tuesday, Wednesday and Forest Avenue NOTIFICATION SERIAL # 10848 INSTALL ALTERNATE PARKING - TYPE II RICHMOND AVENUE BETWEEN SYMPHONY CIRCLE AND FOREST AVENUE ( DELAWARE ELLICOTT, AND NIAGARA DISTRICTS) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Richmond Avenue, east side 9:00 AM TO 4:00 pm November 15 -April 1 between Symphony Circle Thursday, Friday and Forest Avenue Richmond Avenue, west side 9:00 AM to 4:00 PM November 15 -April 1 between Symphony Circle Monday, Tuesday, Wednesday (Waive 45 Days) RECEIVED AND FILED NO. 919 CHANGE IN CONTRACT ENGINE 26 NEW ROOF JOB #1418 NORTH DISTRICT I hereby submit to Your Honorable Body the following change for the Engine 26 New Roof, Grove Roofing, Contract #93001428. This change is for asbestos testing completed after bids were received; abatement costs were not included in the original bid price. Summary Original Contract Amount $198,900.00 Amount of Change Order $28,262.00 Revised Contract Amount $227,762.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and the consultant, Cannon Design and were found to be fair and equitable. Funds for this work are available in 38320316- 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated May 6, 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 $28,862.00 (Original Contract Amount $198,900.00 + Change Order $28,862.00 for a Revised Contract Amount of $227,762.00) for Engine #26 New Roof, to Grove Roofing, C #93001428. Funds for this work will be available in Account #38320616 - 445100. PASSED AYES — 9 NOES — 0 NO. 920 CHANGE IN CONTRACT NIAGARA STREET STREETSCAPE PROJECT PHASE I CONTRACT# 93001378 PIN# 5757.14 FILLMORE & ELLICOTT Contract Summary: Contract Amount $2,225,000.00 + Amount of change order( #1) $410,156.71 Revised Contract Amount $2,635,156.71 1 hereby submit to your Honorable Body the following change for this contract. NOVA Site Co. is the Contractor for the Niagara Street Streetscape Project - Phase 1 for the City of Buffalo. This contract previously included a sewer betterment in the amount of $110,163.05. The B SA has identified additional work that was necessary to repair their facilities. This request to accept additional funding to the betterment is necessary to complete the additional work. This will be an increase paid by the BSA. I certify that this increase is fair and equitable for the work involved. The funds will be available in a Capital Project Account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated May 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 execute a Change Order in the amount of $410,156.71 (Original Contract Amount $2,225,000.00 + Change Order $410,156.71 for a Revised Contract Amount of $2,635,156.71) for the Niagara Street Streetscape Project, Phase 1, to NOVA Site Co., C #93001378. The funds for this project will be available in Capital Project Account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 921 CHANGE IN CONTRACT NORTH BUFFALO ICE RINK DELAWARE DISTRICT ITEM #21 OF CCP OF 12/23/13 1 hereby submit to Your Honorable Body the following change for modifications to North Buffalo Ice Rink, from Spicer Group Contract #93001161: Extra steel rework on lintels, bench supports to wall, extra pipe in lot, extra sign in lot Extra costs for remobilization Dehumidifier and heater rental Insurance extension Summary Revised Contract Amount $998,868.88 Amount of This Change Order $ 8,089.00 Revised Contract Amount $1,006,957.88 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 34324106 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated April 29, 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 $8,089.00 (Original Contract Amount $998,868.88 + Change Order $8,089.00 for a Revised Contract Amount of $1,006,957.88) for the North Buffalo Ice Rink, to Spicer Group, C #93001161. Funds for this work will be available in Account #34324106 - 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 922 CHANGE IN CONTRACT #93000893 REPLACEMENT OF STREETLIGHTS CITYWIDE GROUP #745 SOUTH BUFFALO ELECTRIC, INC. ITEM #16 OFCCP 11/24/11 AND ITEM #651 OF 4/1/14 1 hereby submit to Your Honorable Body the following change order for the above named project. South Buffalo Electric, Inc. is the company hired to replace street light standards knocked down by vehicles. They also perform a variety of other street lighting work as needed. This increase is necessary for the continuation of replacing knocked down street light standards throughout the remainder of the year pending a new contract. I respectfully certify that this increase to the unit prices approved by the Common Council on 11 /24/11 Item #16 is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase to contract #93000893. The funds are available in accounts 36319506- 445100. Original Contract: $333,067.00 Previously Authorized Increase: $75,515.00 Current Increase in Contract: $2,625.86 Total Contract to date $411,207.86 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 May 5, 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 #2 in the amount of $2,625.86 (Original Contract Amount $333,067.00 + Change Order #1 $75,515.00 + Change Order #2 $2,625.86 for a Revised Contract Amount of $411,207.86) for the replacement of streetlights citywide, to South Buffalo Electric, Inc., C #93000893. Funds for this work will be available in Account #36319506- 445100. PASSED AYES — 9 NOES — 0 NO. 923 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION INSPECTION FOR CITY -WIDE BRIDGE REHABILITATION PROJECT (DPW) CITYWIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to hire a consultant for the design, construction administration and construction inspection phases of several bridge maintenance and repair projects. The City is provided Federal funds to undertake rehabilitation and repair projects as deemed necessary to maintain City bridges in a state of good repair and this Department has determined that it is in the City's best interest to engage a single consultant on a term contract not to exceed three years to execute, evaluate and respond to bridge condition flags issued by NYSDOT and or overall program management services. Funds for the above services are anticipated to not exceed $125,000 for 2015 and are available in Capital account 34311006 -445 100, 38312846- 445100 and or an account(s) to be named at a later date. The consultant will be chosen through a Request for Proposals (RFP) process, Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 5, 2015, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant for the design, construction administration and construction inspection phases of several bridge maintenance and repair projects. The City is provided Federal funds to undertake rehabilitation and repair projects as deemed necessary to maintain City bridges in a state of good repair. The Department of Public Works, Parks and Streets has determined that it is in the City's best interest to engage a single consultant on a term contract not to exceed three (3) years to execute, evaluate and respond to bridge condition flags issued by the New York State Department of Transportation and /or overall program management services. The consultant will be chosen through a Request for Qualifications (RFQ) process. Funds for the above services are available in Capital Accounts #34311006 - 445100, #38312846- 445100, and /or an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 924 PERMISSION TO ENTER INTO AGREEMENT NEW YORK STATE INDUSTRIES FOR THE DISABLED, INC. (NYSID) CITY COURT CLEANING CONTRACT PREFERRED SOURCE VENDOR Permission is hereby requested to enter into an agreement with NYSID for the cleaning and janitorial services located at City Court. This one (1) year agreement also includes three (3) one year extension options. The first year of this agreement would run through June 30, 2016 and would be a total of $361,996.68 ($30,166.39 per month). I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into the agreement. Funds for this agreement are available in account # 13296006- 442300 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated April 30, 2015, be received mad filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter an agreement with New York State Industries for the Disabled, Inc. (NYSID) for the cleaning and janitorial services located at City Court. This one (1) year agreement also includes three (3) one year extensions. The first year of this agreement would run through June 30, 2016, and would be a total of $361,996.68. Funds for this agreement are available in Account # 13296006- 442300 - Buildings. PASSED AYES — 9 NOES — 0 NO. 925 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH VARIOUS ENTITIES FOR THE DESIGN, CONSTRUCTION, CONSTRUCTION ADMINISTRATION AND INSPECTION OF THE MICHIGAN AND BROADWAY ARCHWAY ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into all necessary agreements with the NYSDOT, NFTA, Buffalo Sewer Authority, and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of the Michigan and Broadway Archway Project. In addition I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for subject project. The costs for consulting services are estimated not to exceed $50,000. The funds will be available in account #35317706 - 445100 Engineering, and an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 6, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets enter into all necessary agreements with the NYSDOT, NFTA, Buffalo Sewer Authority and City of Buffalo Water Authority to enable the Department of Public Works, Parks and Streets to administer and cover all necessary work needed to complete the design, construction, construction administration and inspection of the Michigan and Broadway Archway Project. The funds for this project will be available in Account #35317706 - 445100 - Engineering and account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 926 PERMISSION TO INCREASE CONTRACT CDM SMITH, CONTRACT #93001376 FLUORIDE /CHLORINE SCRUBBER CONST. PHASE SERVICES ELLICOTT I hereby submit to Your Honorable Body the following change for this contract. CDM Smith is the engineering consultant for the Fluoride System and Chlorine Scrubber Improvement Project. They performed design services under a separate contract and now are the construction administrators and provide construction oversight under this contract. This project is the installation of a new Fluoride System that improves operator safety and a new dry Chlorine Scrubber system. Both systems are critical components of the treatment process and must be improved in order to ensure compliance with all regulations. This increase is necessary because the work required has grow due to a number of factors including but not limited to additional plan development as new base drawings needed to be developed, for NYSDOH Grant assistance and monitoring (we have received and are processing a grant for $140,000 for new Fluoride equipment that will be reimbursable after construction is completed), additional bidding services, and additional construction phase services for the rehabilitation of the existing wet scrubber that needed to be completed in order to help ensure compliance while the new system is being constructed. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $35,000.00. The funds for this work are available in our Capital Account(s) 53230796 445100, an account(s) to be named at a later date. Contract Amount $133,000.00 Proposed Increase $35,250.00 Total $168,250.00 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 May 6, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $35,250.00 (Original Contract Amount $133,000.00 + Change Order $35,250.00 for a Revised Contract Amount of $168,250.00) for the construction administration and construction oversight of a new fluoride system that improves operator safety and a new dry chlorine scrubber system, to CDM Smith, C #93001376. Funds for this work will be available in Capital Account(s) #53230796 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 927 PERMISSION TO INCREASE CONTRACT CDM SMITH, CONTRACT #93001223 WATER FILTRATION SOLIDS PROJECT ELLICOTT I hereby submit to Your Honorable Body the following change for this contract. CDM Smith is the engineering consultant for the Water Filtration Solids handling project. They performed design services and will provide construction phase services under this contract. This project improves the solids handling process and the construction contract will install a new backwash sewer in order to process the decant water and install a dechlorination facility in order to meet discharge requirements per the NYSDEC. This project will improve water quality by eliminating internal recycle in the treatment plant. This increase is necessary for additional services including field services required during the solids and lagoon dewatering process in order to assist in the solids mass balance and to assist in the optimization of that process, and services for the development of cost estimates for different lagoon rehabilitation options. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $43,500.00. The funds for this work are available in our Capital Account(s) 53230796 445100, an account(s) to be named at a later date. Contract Amount $ 498,300.00 Proposed Increase $ 43,500.00 Total $ 541,800.00 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 May 6, 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 $43,500.00 (Original Contract Amount $498,300.00 + Change Order $43,500.00 for a Revised Contract Amount of $541,800.00) for construction phase services of the Water Filtration Solids Handling Project, to CDM Smith, C #93001223. Funds for this work will be available in Capital Account(s) #53230796 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 928 337 ELLICOTT STREET PRIVATELY OWNED BUS SHELTER WITHIN CITY RIGHT OF WAY Mr. Paul B. Iskalo, President and CEO of Iskalo Development, located at 337 Ellicott Street, has requested permission to encroach City Right of Way with a bus shelter at said address. Iskalo Development is renovating the building to accommodate Big Ditch Brewing Company as a tenant. An existing NFTA bus shelter was removed at Iskalo's request. The proposed bus shelter is custom built and better matches the new exterior design of the building. The new bus shelter measures 8'x 4' and would be owned and maintained by Iskalo. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtains any and all City of Buffalo permits necessary. 2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Division of Engineering. 3. That the applicant be responsible for maintenance of the bus shelter, including snow and ice removal, as long as it remains within City right of way. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond and /or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said bus shelter. 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 May 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 issue a "Mere License" to Mr. Paul B. Iskalo, President and CEO of Iskalo Development, located at 337 Ellicott Street, to install one (1) bus shelter within the City right -of -way located at 337 Ellicott Street, provided the following conditions are met: • That the applicant obtains any and all City of Buffalo permits necessary; • That the bus shelter be installed exactly as shown on plans submitted to and approved by the Division of Engineering; • That the applicant be responsible for maintenance of the bus shelter, including snow and ice removal, as long as it remains with the City right -of -way; and • That the application supply the Department of Public Works, Parks and Streets with a construction in street bond and /or certificate of insurance deemed sufficient to the Corporation Counsel against any and all loss or damage arising out of the construction, maintenance, use and removal of said bus shelter. • That advertising on the bus shelter is prohibited. • That any changes to the proposed structure are subject to Common Council approval. PASSED AYES — 9, NOES - 0 NO. 929 REPORT OF BIDS CITY -WIDE MILL & OVERLAY 2015 GROUP 820 NONE 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 Alternate A Alternate B Destro & Brothers Concrete Co. $4,779,098.10 $65,287.50' $68,702.63' 411 Ludington St. Buffalo, NY 14211 Amherst Paving Inc. $5,157,474.00 $68,631.65' $71,903.45' 330 Meyer Rd. Amherst, NY 14226 Alternate A - Main Street Eastbound, Kenmore to Bailey Alternate B - Main Street Westbound, Kenmore to Bailey I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co. I respectfully recommend a contract award in the amount of $5,404,397.06 ($4, 779, 098.10 -Base Bid + $65,28Z 50 Alternate A + $68,702.63 Alternate B + $491,308.83 10% Contingency = $5,404,39Z06- Total Contract Amount). Funds for this contract are available in #32000006 - 445100, 37315506 - 445100, 38312886- 445100 and an account(s) to be named at a later date. The engineer's estimate for this work is $5,000,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 15, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount 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 May 5, 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 City -wide Mill and Overlay 2015, with Destro & Brothers Concrete Co., with a total bid of $5,404,397.06 (Base Bid- S4,779,098.10 + Alternate A- $65,287.50 + Alternate B- $68,702.63 + 10% Contingency - $491,308.83 for a Total Contract Amount of $5,404,397.06). Funds for this contract are available in Accounts #32000006 - 445100, 37315506 - 445100, 38312886- 445100 and an account(s) to be named at a later date. PASSED AYES — 9, NOES - 0 NO. 930 REPORT OF BIDS CITY -WIDE CURB AND SIDEWALK REPLACEMENT 2015 GROUP # 822 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids were received Base Bid Base Bid + 10% Unit Price Increase Roman Construction $730,535.00' $803,588.50' 7279 Lakeview Ct. Pendleton, NY 14210 I hereby certify that the low bidder for the above project is Roman Construction. I respectfully recommend a contract award in the amount of $803,588.50 ($730,535. 00 -Base Bid + $73,053.50 -10% unit price increase - $803,588.50 - Total Contract Amount) . Funds for this contract are available in #37315506 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $600,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 13, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount 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 May 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 Citywide Curb and Sidewalk Replacement, Bond Specific Locations 2015 with P &J Construction Co. Inc., with a total contract amount of $1,418,016.60 (Base Bid of $1,289,106.00 + 10% unit price increase of $128,910.60 for a Total Contract Amount of $1,418,016.60). Funds for this contract are available in Account #DJgB2027- 470000. PASSED AYES — 9, NOES - 0 NO. 931 REPORT OF BIDS - CITYWIDE CURB AND SIDEWALK REPLACEMENT 2015 (DPW) -BOND SPECIFIC LOCATIONS -2015 APW GROUP 824A In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids were received Base Bid Base Bid + 10% Unit Price Increase P$ J Construction Co $1,289,106.00 $1,418,016.60 709 Pleasantview Lancaster, NY 14086 Campobello Construction Co. Inc. $1,314,750.00 $1,446,225.00 23 Stratford Rd. Buffalo, NY 14216 CVF Inc. $1,344,240.00 $1,478,664.00 100 Burkhardt Ave. Depew, NY 14043 1 hereby certify that the low bidder for the above project is P &J Construction Co. Inc. I respectfully recommend a contract award in the amount $1,418,016.60 ($1,289,106. 00 -Base Bid + +$128,910. 60 - 10% unit price increase = $1,418,016.60- Total Contract Amount. Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $900,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 21, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 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 enter into an agreement for the Citywide Curb and Sidewalk Replacement 2015 with Roman Construction, with a total contract amount of $803,588.50 (Base Bid of $730,535.00 + 10% unit price increase of $73,053.50 for a Total Contract Amount of $803,588.50). Funds for this contract are available in Account #37315506 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 932 REPORT OF BIDS - ACCOUNT CORRECTION POLICE HEADQUARTERS GARAGE FLOOR REHAB JOB #1420 FILLMORE DISTRICT ITEM #502, C.C.P. 03/17/15 1 requested on February 24, 2015 and received the following bids for the Police Headquarters Garage Floor Rehab, which, were publicly open and read on March 10, 2015. Base Bid Millennium Construction Inc $61,500.00 Miller Enterprizes Inc $61,700.00 Raymond E. Kelley' $66,388.00 Patterson Steven $79,563.00 Nichter Construction' $89,700.00 'Bids disqualified by Law Department, no EOE submitted with bid. I hereby certify that the foregoing is a true and correct statement of all bids received and that Millennium Construction, is the lowest responsible bidder in accordance with the plans and specifications with a Base Bid of $61,500.00, and a contingency of $6,150.00 for a total of Sixty Seven Thousand Six Hundred Fifty Dollars and 00/100 ($$67,650.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in Account #'s 35323506 - 445100, 38201506 - 445100, 35323206 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 5, 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 Police Headquarters Garage Floor Rehab with Millennium Construction, with a total bid of $65,650.00 (Base Bid of $61,500.00 + Contingency of $6,150.00 for a Total Bid Amount of $67,650.00). Funds for this contract are available in Accounts #35323506 - 445100, 38201506- 445100, and 35323206 - 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 933 APPOINT SR CLERK(PERM)(MAX)(ROESSLER) Appointment effective 05/04/2015 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Sr. Clerk, Permanent at the Maximum salary of $38,515.00 Kellianne Roessler, 205 Woodside Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO.934 APPOINT FIREFIGHTER(PERM)(JONES, WATSON, DASARO, PEOPLES, LEWIS, FULTON, MCCARTHY, MATTESON, SCHMAND, ROTH, BREGGINS JR, SCHULTZ, BASIL, SCARSELLA, HAYNES, MYERS, ADYMY, ROBINSON, WHITFIELD III, KLINE, MARTIN, DIXSON, PARISI, PETERS, MANLEY, LOMOT, BOYOCK, ALAGNA, MCKNIGHT, VACCARO, TIRONE, BOGUCKI, SCHMITT, VAZQUEZ, CALHOUN, R. SULLIVAN, HICKS, RAJSKI, SEXTON, CRUM, L. WILLIAMS, FULTON, SNYDER, B. WILLIAMS, JINDRA, BROWN, WHITFIELD, JOSEPH, STOKES, HYNES, MEGNA, BYRD, ROSE, PECORARO, LOPEZ, AKIN, MCCLEARY, HINKLE, BETYN, BELL, T. SULLIVAN, DILEO) Certificate of Appointment Appointment effective 4/24/2015 in the Department of Fire Division of Fire to the Position of Firefighter Permanent Open- Competitive Minimum Starting Salary of $35,000 Cleotis Joes, 111 Minnesota Ave, Buffalo 14214 Willie Watson, 624 Parkside, Buffalo14214 Antonio Dasaro, 136 Lafayette, Buffalo 14213 Roderick Peoples, 25 Janet St, Buffalo 14215 William Lewis, 27 Potters Rd, Buffalo 14220 William Fulton, 190 Brinton St, Buffalo 14216 Paul McCarthy, 461 Ashland Ave, Buffalo 14222 Bryan Matteson, 20 Magnolia Ave, Buffalo 14220 Terrance Schmand, #92 Voorhees Ave, Buffalo 14216 Matthew Roth, 105 McKinley Pkwy, Buffalo 14220 Tarris Breggins, Jr, 175 Main St apt 416, Buffalo 14203 Donald Schultz, 92 Whitfield Ave, Buffalo 14220 James Basil, 59 Richfield Ave, Buffalo 14220 Kyle Scarsella, 157 Ramona Ave, Buffalo 14220 Adam Haynes, 58 Dash St, Buffalo 14220 Michael Myers, 43 Columbus Ave, Buffalo 14220 Sean Adymy, 80 Tamarack, Buffalo 14220 Jason Robinson, 16 Beverly Rd, Buffalo 14208 Garnell Whitfield III, 141 Chatham Ave, Buffalo 14216 Eric Kline, 84 S. Pontiac St, Buffalo 14206 Marques Martin, 97 Parkridge Ave, Buffalo 14215 Daniel Dixson, 75 Comstock Ave, Buffalo 14215 Christopher Parisi, 78 Kimberly Ave, Buffalo 14220 Alexander Peters, 156 Crystal Ave, Buffalo 14220 Richard Manley, 34 Dundee St, Buffalo 14220 Matthew Lomot, 918 Niagara St, Buffalo 14213 James Boyock, 55 Shoshone, Buffalo 14214 Alessio Alagna, 23 Lovering Ave, Buffalo 14216 Andre McKnight, 445 Winspear, Buffalo 14215 Joshua Vaccaro, 86 Depew Ave, Buffalo 14214 Jonathan Tirone, 245 Sanders, Buffalo 14216 Zachary Bogucki, 15 Wasson St, Buffalo 14210 Michael Schmitt, 25 Meriden, Buffalo 14220 Sammy Vazquez, 122 Ramsdell Ave, Buffalo 14216 David Calhoun, 722 Eggert Rd, Buffalo 14215 Raymond Sullivan, 545 Downing St, Buffalo 14220 Hakeem Hicks, 25 Bickford Ave, Buffalo 14215 John Rajski, 35 Robins St, Buffalo 14220 Jay Sexton, 335 McKinley Pkwy, Buffalo 14220 Kale Crum, 879 Tifft St, Buffalo 14220 Larry Williams, 179 Zenner St, Buffalo 14211 Raymond Fulton, 670 McKinley Pkwy, Buffalo 14220 William Snyder, 63 Wellington, Buffalo 14216 Brandie Williams, 60 Pries Ave, Buffalo 14220 Jonathan Jindra, 38 Hollywood Ave, Buffalo 14220 Desmond Brown, 187 Butler Ave, Buffalo 14208 Tremaine Whitfield, 12 Lockwood Ave, Buffalo 14220 Tony Joseph, 236 Humboldt Pkwy, Buffalo 14214 Devin Stokes, 401 Delaware Ave #504, Buffalo 14202 Allistaire Hynes, 35 15 St, Buffalo 14213 Louis Megna, 476 Northland Ave, Buffalo 14211 Jovan Byrd, 2258 Main St Lower, Buffalo 14214 Derek Rose, 24 Heussy Ave, Buffalo 14220 Peter Pecoraro, 385 Mackinaw S, Buffalo 14210 Daniel Lopez, 23 Lorraine Ave, Buffalo 14220 Dimitrius Akin, 95 Wakefield Ave, Buffalo 14214 Shaun McCleary, 201 Commonwealth, Buffalo 14216 Monteiro Hinkle, 524 Shirley Ave, Buffalo 14215 Clark Betyn, 302 Potter Rd, Buffalo 14220 Brenden Bell, 164 Tuscarora Rd, Buffalo 14220 Thomas Sullivan, 696 Abbott Rd, Buffalo 14220 Frank Dileo, 66 Shoreham Pkwy, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 936 APPOINT FIREFIGHTER (PERM)(MORRISSEY, SANDERS, MCCULLEY III, WEEKS, LEBER JR, DEABOLD JR) Certificate of Appointment Appointment effective 5/5/2015 in the Department of Fire Division of Fire to the Position of Firefighter Permanent Open- Competitive Minimum starting salary of $35,000 Ryan Morrissey, 578 McKinley Pkwy, Buffalo 14220 Richard Sanders, 103 Hartwell Rd., Buffalo 14216 Lacy McCulley III, 65 Easton Ave, Buffalo 14215 Matthew Weeks, 355 Okell St, Buffalo 14220 Theodore Leber Jr, 733 Ashland Ave, Apt 7, Buffalo 14222 Joseph Deabold Jr, 220 Dewitt St, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 936 APPOINT FIREFIGHTER(PERM)(JORDEN, JR, CRONIN, ISCH, WICHLACZ, ENGLISH, AGUSTIN, MONTGOMERY, VICTORI, WOJNAR, WORTHY, WALKER, FELDER, MOLLERUS, WEBSTER, RENKAS, GARRY, O'NEIL, JONES, BLAKE, SCHAEFER, CROCKETT, PIECZYNSKI, ELDRIDGE, SCHROEDER, O'CONNOR, RUSSELL, MORRISON, BURT, KUSMIERSKI, KWIATOWSKI, MATTHEWS, MAYNARD, FINO, WHITEHEAD, CAULFIELD, NEUMAN, WASHINGTON, SPORSKI, HART, INGRAM JR, FULTON, BRENNAN, LOTEMPIO, KEENAN, COLTER, MURPHY, HYATT, EASON, BUSSHART, KAZMIERCZAK, KRUG, MELENDEZ, FLUMERFELDT, EGLOFF III, MCCORMICK, REDDEN, MALCZEWSKI, FALZONE, PEARSON) Certificate of Appointment Appointment effective 5/1/2015 in the Department of Fire Division of Fire to the Position of Firefighter Permanent Open- Competitive Minimum starting salary of $35,000 Jay Jordan Jr, 257 W. Utica, Buffalo 14222 Danielle Cronin, 373 Lafayette, Buffalo 14213 Patrick Isch, 317 Woodside, Buffalo 14220 Samuel Wichlacz, 218 Lovering, Buffalo 14216 Danielle English, 37 Mercer, Buffalo 14214 Bradley Agustin, 205 Stevenson, Buffalo 14210 Daryl Montgomery, 125 Whitney, Buffalo 14201 Joel Victori, 1209 Seneca, Buffalo 14210 Mark Wojnar, 138 Schiller, Buffalo 14206 Tony Worthy, 108 Huntley, Buffalo 14215 Antoine Walker, 294 Taunton, Buffalo 14216 Martin Felder, 152 Blaine, Buffalo 14208 Jacob Mollerus, 614 Starin, Buffalo 14216 Zrinell Webster, 141 Sanders, Buffalo 14216 Matthew Renkas, 106 Salem Buffalo 14220 Patrick Garry, 342 Woodside, Buffalo 14220 William O'Neil 19 Oakhurst, Buffalo 14220 Giovanni Jones, 399 Parkdale, Buffalo 14213 Mark Blake, 383 Okell, Buffalo 14220 Mary Lou Schaefer, 2000 Hertel, Buffalo 14214 Jeffrey Crockett, 45 Daisy, Buffalo 14208 Elizabeth Pieczynski, 92 Duerstein, Buffalo 14210 Michael Eldridge, 31 Marine, Buffalo 14202 Allison Schroeder, 293 Okell, Buffalo 14220 John O'Connor, 117 Kenefick, Buffalo 14220 Christian Russell, 108 Phyllis, Buffalo 14215 Conor Morrison, 88 Cushing, Buffalo 14220 Brandon Burt, 614 Kensington, Buffalo 14215 Jacob Kusmierski, 288 Massachusetts, Buffalo 14213 Kevin Kwiatowski, 61 Wellington, Buffalo 14216 Sean Matthews, 65 Caryle, Buffalo 14220 Clayton Maynard, 121 Shoshone, Buffalo 14214 Mark Fino, 54 Carlyle, Buffalo 14220 Eric Whitehead, 42 Carmel, Buffalo 14214 Liam Caulfield, 84 Shenandoah, Buffalo 14220 William Neuman, 229 St. Lawrence, Buffalo 14216 Mario Washington, 586 E. Delavan, Buffalo 14211 Daren Sporski, 16 Lorraine, Buffalo 14220 Timothy Hart, 29 Meriden, Buffalo 14220 Robert Ingram Jr, 1834 Kenmore, Buffalo 14216 Daniel Fulton, 67 Shenandoah, Buffalo 14220 Sean Brennan, 107 Fleming Buffalo 14206 Lawrence LoTempio, 195 Admiral, Buffalo 14216 Neil Keenan, 77 Carlyle, Buffalo 14220 Joseph Collier, 96 N. Ryan, Buffalo 14210 Michael Murphy, 160 Shenandoah, Buffalo 14220 Richard Hyatt, 456 S. Lawrence, Buffalo 14216 Devonte Eason, 2108 Delaware, Buffalo 14216 Russell Busshart, 15 Clio, Buffalo 14220 David Kazmierczak, 887 West. Buffalo 14213 Lawrence Krug, 443 Ward, Buffalo 14220 Daniel Melendez, 16 Cambria, Buffalo 14206 Johnathan Flumerfeldt, 72 Oakhurst, Buffalo 14220 Mark Egloff III, 260 Columbus, Buffalo 14220 Gregory Leonard, 149 Cushing , Buffalo 14220 Robert Black III, 23 W Woodside, Buffalo 14220 Timothy McCormick, 85 Coolidge, Buffalo 14220 Tamar Redden, 60 Lemon, Buffalo 14204 Stephen Malczewski, 751 Columbus, Buffalo 14213 Luke Falzone, 54 Carmel, Buffalo 14214 Conrad Pearson, 303 Dewey, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 937 EXTENSION OF THE LOCK -UP AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGNED FEMALE ARRESTEES CCP# 1572, JULY 22, 2014 1 respectfully request that your Honorable Body authorize the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block, per the attached Fifth Amendment to Lock -Up Agreement. The Departments of Public Works, Police, Human Resources and Law have been working collaboratively to finalize the construction and staffing of the City's Female Cell Block with the training of the new staff being the only outstanding item. The attached Fifth Amended Agreement includes the same essential terms as the previous amendment to the contract and would formally extend the agreement through June 1, 2015. In the meantime, the County Holding Center will continue to accommodate the detention of the City's pre - arraigned female arrestees. Thank you for your prompt consideration of this extension. Mr. Smith moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated May 9, 2014, be received and filed; and That the Common Council hereby authorizes the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block through June 1, 2015 as outlined in the Fifth Amended to the Lockup Agreement submitted with the Common Council communication. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 938 FOOD STORE (NEW) 3215 BAILEY AKA 3217 (UNIVERSITY) 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 3215 BAILEY aka 3217 (WALTER NDJIBUM/ARYAR) and fmd 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 May 6, 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 Walter Ndjibu d /b /a Waryar located at 3215 Bailey a /k/a 3217 Bailey upon the following conditions: 1. Hours of store operation shall be 7:00 am to 11:00 pm Sunday- Thursday and 7:00 am to midnight Friday and Saturday unless otherwise approved by Common council. 2. Must have working security cameras inside and outside of store with at least one camera focused on entrance way and point of sale area. with an additional cameras focused on the front perimeter of the store. The surveillance system should be registered with the Buffalo Police Department within 30 days of this signed document. All video should be stored for at least 30 days. 3. "No Loitering" signs to be posted and enforced by store employees 4. No spray painted, hand painted or air - brushed signage or graphics on building 5. Must have trash receptacles outside store and be maintained; all trash, store boxes, store pallets etc. should be stored in a dumpster out of the public sight and should be picked up regularly to prevent the attraction of rodents. 6. No outside signage advertising tobacco, gambling (lottery), or alcohol 7. No selling of loose items, such as cigarettes, diapers, etc... 8. No selling of Drug Paraphernalia of any type 9. No payphones outside of store 10. All windows should be clean and free of dirt, grime and debris; no block windows 11. All mechanical equipment must be in working order 12. Any broken windows must be repaired within 72 hours 13. No smoking in building 14. Any graffiti must be removed within 72 hours 15. No vehicles to be parked on sidewalks 16. Snow should be shoveled around store grounds; snow should also be removed from fire hydrants as stated in the city ordinance; and around bus stops as part of good customer service for our district as business owners. 17. All store items should be price marked; and a receipt should be available for customers upon request. 18. No expired food is to be sold 19. No selling of prepared food without proper Erie County Health Department Licenses' 20. Store hours should be posted clearly for public view 21. Store address clearing posted in front of building clearly for public view PASSED AYES — 9 NOES — 0 NO. 939 FOOD STORE (NEW) 959 BROADWAY AKA 707FILLMORE ( 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 959 BROADWAY aka 707 FILLMORE (MAGED GUBRAN /HARWAN QAHTAN / FILLMORE DISCOUNTS 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 LEGISLATON NO. 940 FOOD STORE LICENSE(NEW) -525 DOAT(LOVEJOY) 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 525 DOAT (FAIZUR ISLAM & KAWSAR ISLAM / DOAT STOP CORP DBA INDO PAK BANGLA BAZAR) 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 LEGISLATON NO. 941 FOOD STORE LICENSE(NEW) -188 GRANT(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 188 GRANT ST (ENOW DAAHIR /JOMOW INTERNATIONAL 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. 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 27, 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 Enow Daahir d /b /a Jomow International Market located at 188 Grant. PASSED AYES — 9 NOES — 0 NO. 942 FOOD STORE LICENSE(NEW) -363 HOPKINS(SOUTH) 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 363 HOPKINS (SHIV KHANNA / HOPKINS ENTERPRISES LLC) 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 LEGISLATON. NO. 943 FOOD STORE (NEW) 2419 SENECA ST (SOUTH) 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 2419 SENECA ST (YAHYA SALEH /KING SENECA) 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. 944 FOOD STORE (NEW) 1076 SYCAMORE (FILL) 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 1076 SYCAMO]RE (NOOR HAJI / KAMUNA INTERNATIONAL 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 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 945 SIDEWALK CAFE 111 GENESEE ST(ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 111 Genesee Marco's Deli) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 111 Genesee St. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated May 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Mark Sciortino d /b /a Marco's Italian Deli, LLC, for a Sidewalk Cafe License located at 111 Genesee Street. PASSED AYES 9, NOES 0 NO. 946 SIDEWALK CAFE 1435 HERTEL (DEL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk card License located at 1435 Hertel (MAC'S ON HERTEL) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1435 Hertel. 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 May 5, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Mark Bohn d /b /a Mac's on Hertel, for a Sidewalk Cafe License located at 1435 Hertel. PASSED AYES 9, NOES 0 NO. 947 USED CAR DEALER 31 ABBOTT (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 31 ABBOTT and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of AMIR SKOPLJAK & KRISTIJAN KURDIC. The attached thereto for AMIR SKOPLJAK & KRISTIJAN KURDIC /BALKAN AUTO GROUP. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 948 USED CAR DEALER 665 BAILEY(LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 665 BAILEY and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of MOHAMED ALAWDI. The attached thereto for MOHAMED ALAWDI /M & N AUTO & TRUCK SERVICE, This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 949 USED CAR DEALER 1261 HERTEL (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1261 HERTEL and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of CHRISTOPHER GREENE. The attached thereto for CHRISTOPHER GREENE /BC MOTORSPORTS OF WNY. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 950 USED CAR DEALER 1193 JEFFERSON (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1193 JEFFERSON and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of CARMEN ROSS. The attached thereto for CARMEN ROSS / GLOBAL RESALE CENTER. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 961 APPOINT CHIEF ELECTRICAL INSPECTOR(PERM)(FIFTH STEP)(MOORE) Certificate of Appointment Appointment effective 4/28/2015 in the Department of Permit & Inspection Services Division of Inspections to the Position of Chief Electrical Inspector Permanent Appointment Fifth Step starting salary of $61,425 Charles Moore, 634 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 952 APPOINT ELECTRICAL INSPECTOR(PERM)(FIFTH STEP)(O'CONNOR) Certificate of Appointment Appointment effective 4/28/2015 in the Department of Permit & Inspection Services Division of Inspections to the Position of Electrical Inspector Permanent Appointment Fifth Step starting salary of $55,508 Kevin O'Connor, 303 Choate Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 953 PERMISSION TO AUCTION /SCRAP The Division of Purchase is requesting permission to dispose of the listed below vehicle /equipment by means of auction or scrap. E -626 2000 CHEVY PICK UP E -574 -T 1990 GMC UTIL TRUCK P -100 2001 FORD CV P -770 2007 FORD CV P -137 2001 BUICK REGAL P -774 2007 FORD CV P -205 2002 CHRYSLER P -853 2008 FORD CV P -207 2002 CHEVY TAHOE P -857 2008 FORD CV P -430 2004 FORD CV P -864 2008 FORD CV P -438 2004 FORD CV P -868 2008 FORD CV P -442 2004 FORD CV P -874 2008 FORD CV P -444 2004 CHEVY IMPALA P -875 2008 FORD CV P -552 2005 FORD CV P -880 2008 FORD CV P -571 2005 FORD CV P -881 2008 FORD CV P -591 2005 FORD CV P -882 2008 FORD CV P -593 2005 FORD CV P -889 2008 FORD CV P -595 2005 FORD CV P -910 2009 FORD CV P -596 2005 FORD CV P -912 2009 FORD CV P -609 2006 FORD EXER P -913 2009 FORD CV P -617 2006 FORD CV P -914 2009 FORD CV P -623 2006 FORD CV P -923 2009 FORD CV P -625 2006 FORD CV P -924 2009 FORD CV P -630 2006 FORD CV P -925 2009 FORD CV P -636 2006 FORD CV P -934 2009 FORD CV P -638 2006 FORD CV P -941 2009 FORD CV P -640 2006 FORD CV P -948 2009 FORD CV P -648 2006 FORD CV P -953 2009 FORD CV P -650 2006 FORD CV P -954 2009 FORD CV P -653 2006 FORD CV P -686 2006 FORD TAURUS P -687 2006 FORD TAURUS P -689 2006 FORD TAURUS P -691 2006 FORD TAURUS P -734 2007 FORD CV P -753 2007 FORD CV P -761 2007 FORD CV P -768 2007 FORD CV PST - 011997 MIGHTYMOV SPEED TRAILER PST - 021998 SMART SPEED TRAILER BIKE 1 24" RALEIGH R915750325 BIKE 2 26" RALEIGH R906751004 BIKE 3 26 "SCHWINN $2103227 BIKE4 26 "SCHWINN $2101929 BIKE 5 GT PANTERA SAS6D0263 BIKE6 GT PANTERA SAS6C1992 BIKE 7 GT PANTERA SAS6A3285 CHALLENGE CHAMPION 305 CUTTER SERIAL NUMBER 9428 9 BLADES USED ON CHALLENGE CUTTER Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated April 30, 2015, be received and filed; That the Common Council hereby authorizes the Director of Purchase to auction /scrap the following vehicles as they have been determined to be no longer of use or not road worthy: E -626 2002 Chevy Pickup E -574 -T 1990 OMC Util. Truck P -100 2001 Ford CV P -137 2001 Buick Regal P -205 2002 Chrysler P -207 2002 Chevy Tahoe P -430 2004 Ford CV P -438 2004 Ford CV P -442 2004 Ford CV P -444 2004 Chevy Impala P -552 2005 Ford CV P -571 2005 Ford CV P -591 2005 Ford CV P -593 2005 Ford CV P -595 2005 Ford CV P -596 2005 Ford CV P -609 2006 Ford Exer. P -617 2006 Ford CV P -623 2006 Ford CV P -625 2006 Ford CV P -630 2006 Ford CV P -636 2006 Ford CV P -638 2006 Ford CV P -640 2006 Ford CV P -648 2006 Ford CV P -650 2006 Ford CV P -653 2006 Ford CV P -686 2006 Ford Taurus P -687 2006 Ford Taurus P -689 2006 Ford Taurus P -691 2006 Ford Taurus P -734 2007 Ford CV P -753 2007 Ford CV P -761 2007 Ford CV P -768 2007 Ford CV P -770 2007 Ford CV P -774 2007 Ford CV P -853 2008 Ford CV P -857 2008 Ford CV P -864 2008 Ford CV P -868 2008 Ford CV P -874 2008 Ford CV P -875 2008 Ford CV P -880 2008 Ford CV P -881 2008 Ford CV P -882 2008 Ford CV P -889 2008 Ford CV P -910 2009 Ford CV P -912 2009 Ford CV P -913 2009 Ford CV P -914 2009 Ford CV P -923 2009 Ford CV P -924 2009 Ford CV P -925 2009 Ford CV P -934 2009 Ford CV P -941 2009 Ford CV P -948 2009 Ford CV P -953 2009 Ford CV P -924 2009 Ford CV PST - 011997 Might Mov. Speed Trailer PST - 021998 Smart Speed Trailer Bike 1 24" Raleigh R915750325 Bike 2 26" Raleigh R906751004 Bike 3 26" Schwinn $2103227 Bike 4 26" Schwinn $2101929 Bike 5 GT Pantera SAS6D0263 Bike 6 GT Pantera SAS6C1992 Bike 7 GT Pantera SAS6A3285 Challenge Champion 305 Cutter - Serial Number 9428 9 Blades used on Challenge Cutter PASSED AYES 9, NOES 0 NO. 954 APPOINT ASSISTANT ADMINISTRATOR OF TREASURY AND COLLECTIONS (PROV)(INTER)(BRYANT) Certificate of Appointment Appointment effective 5/1/15 in the Department of Administration, Finance, Policy and Urban Affairs Division of Treasury to the Position of Assistant Administrator of Treasury and Collections Provisional Promotional Intermediate starting salary of $61,142 Carmen Bryant, 393 Herman St, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PARKING NO. 955 APPOINT LABORER II(PERM)(INTER)(CAMPBELL) Certificate of Appointment Appointment effective 4/29/15 in the Department of Parking Division of Parking Enforcement to the Position of Laborer Ii Permanent Non- competitive Inter starting salary of $29,018 Tishawn A. Campbell, 301 Hartwell Rd, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 956 BE WELL INJURED ON DUTY (IOD) CONSULTANT & CASE MANAGEMENT FOR POLICE OFFICERS& FIREFIGHTERS The Division of Human Resources requesting permission to enter into agreement with Be Well for Consultant & Case Management Services for IOD Police Officers and Firefighters. Two (2) bids were received from the RFP. We are requesting permission to award to the Be Well (current provider). Contract period will be from date of award July 1, 2015, with the option to renew for four (4) additional one year periods, if agreeable by both parties. Be Well reduced it cost by $7k and able to perform both the Consultant & Case Management services. Bids received as follows below Managed Care Network - RFP only for Case Management - estimated $300K Be Well - RFP Consultant and Case Management - $327K Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 957 APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA (05/21/2015) CITY OF BUFFALO OFFICE OF THE CITY CLERK 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 1. Name of applicant Bottoms Up, LLC 2. Business Address69 W. Chippewa St, Buffalo 4. Name of event May Flowers Bash 5. IS THIS A ONE -TIME EVENT? Yes 6. DATE OF ONE -TIME EVENT 5/21/2015 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 100 -150 10. START TIME AND END TIME OF EVENT START 10:30 pm END 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 May 21, 2015 is hereby approved. PASSED AYES 9, NOES 0 NO. 958 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 95 Main St aka 75 Main St 95 Main St Shaner Hotel Holdings Limited Partnership 125 Washington St Roux Soup Bar & Cafe Roux SB & C LLC 120 Church St Adam's Mark Buffalo- Niagara BCHNY, LLC RECEIVED AND FILED NO. 959 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- Efrain Colon, Chris Brown, Robert Delaney, Elizabeth Clark, April Nicastro. Nicholas Valvo, Hiba Khalil, Christopher Mendola, Adam Wigdorski, Anthony Fanara RECEIVED AND FILED NO. 960 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 4/27/15 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Line Inspector Provisional Open- Competitive Minimum starting salary of $41,354 Perry Sullivan, 416 Ashland Ave, Buffalo 14222 Certificate of Appointment Appointment effective 5/11/15 in the Department of Public Works, Parks & Streets Division of Water to the Position of Caulker Permanent Non - Competitive Minimum starting salary of $37,953 Anthony Clark, 120 Rounds Ave, Buffalo 14215 Certificate of Appointment Appointment effective 5/04/15 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Temporary Open - Competitive Minimum starting salary of $37,419 Talisha M. Colston, 151 Hamlin Road, Buffalo 14208 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 961 D. FRANCZYK -REV G. STEEVESOREQ REPAIR OF SIDEWALK- RESURRECTION HEALTH CENTER Dear Councilman Franczyk: First I would like to thank you for all the help and support you have given to our work helping the people of our local neighborhood. I am writing to solicit your help in getting the city to repair the collapsing sidewalk in front of the Resurrection Health Center building, 1609 Genesee Street. For the last ten years the health center has been the East Side home of Jericho Road Community Health Center. In addition, for over ten years the health center was the home of the Lighthouse Free Medical Clinic, staffed by UB Med students. The health center serves to provide healthcare, to residents of the East Side, now serving thousands of patient visits each year. We are the only provider of healthcare in our community and see many patients for free. As you can see the sidewalk in front of the health center is in serious need of repair and such repairs are beyond our resources. Any help you could provide would be greatly appreciated. Thank you, and bless you, Rev. Gary C. Steeves REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 962 D. MAREK- CONCERNS RE COMMUNITY WATERFRONT CENTER April 27, 2015 Mayor Brown, Buffalo Common Council members, City Clerk, and Rich Lee: It has come to my attention that a letter has gone out to the members of the South Buffalo Block Club Coalition calling for two representatives from the group or organization to give their input in developing a working outline for a Community Waterfront Center. As a person who lives and works in South Buffalo (even as a Legislative Assistant to Mayor Griffin when he was South District Councilmember) I have a few concerns which I hope can be addressed. My first concern is that the South Buffalo Block Club Coalition was informed of this meeting from what I can see on April 22, 2015 for a meeting that is taking place by the South Buffalo Block Club Coalition on April 27, 2015. This is only a five day notice and only is targeting a certain group of people. If you don't belong or are a head of a block club then you don't know about it. Even though I am an ardent supporter of Block Clubs I do recognize that there are vast majority of people in my district who do not belong to a block club, but are concerned citizens and do want to know what goes on in their community. This being said I believe that a letter like this should be made available to the public for all who wish to participate. Secondly, I feel that the letter and survey that was sent, only requested positive feedback. So here is a list of my questions: 1 -Who is paying for this center and how much would it cost? 2 -Where is the money coming from? 3 -Will the local block clubs in South Buffalo lose any of their funding or receive a smaller share to this Community Waterfront Center? 4- It is said that projects for waterfront look landward and not to the water. What about contamination? I know from when I was Legislative Assistant that we were told that certain areas could not be developed for so many years because of when the Army corps had to dredge the lake. 5 -Are there any health risk? Because now from what the letter states we would be exposing our two most vulnerable groups that being seniors and children. 6 -What about insurance? Can the poor and hard working families afford it? 7 -What about life guards? 8 -Is this really beneficial to the seniors? Will they be able to travel long distances for this? These are some of the questions that I wished would be addressed. One more question though, can we use this money and resources to be spent within our own community so that it may be more beneficial and have more impact within our community? Growing up I recall when there were multiple senior centers in my district, so that the older people wouldn't have to travel so far. We also had Police Athletic League centers for kids to go to after school throughout my community. This is no longer true. I thank you Mayor Brown, the Buffalo Common Council, and Rich Lee for time you took in reading this and look forward to your response. Sincerely, Dennis Marek REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKKS, PARKS AND STREETS NO. 963 C. MEADOWS- CONCERNS BROWNFIELDS AND WATER LINES Hello, I am requesting to be put on the calendar to speak at the next council meeting to speak on brownfields and water lines Thank you, Carolette Meadows REFERRED TO THE COMMITTEE ON LEGISLATION NO. 964 D. PRIDGEN -P. MCQUILLEN- REQUEST SUPPORT STRONG OPPOSITION TO ANY FEDERAL LEGISLATION THAT WOULD PREEMPT NYS LAW RE CARRYING OF CONCEALED FIREARMS BY CIVILIAN NON - RESIDENTS Dear Council President Pridgen, I am writing on behalf of New Yorkers Against Gun Violence (NYAGV), the Buffalo Peacemakers and the Stop the Violence Coalition (STVC) of Buffalo. We are united in urging you to support our strong opposition to any federal legislation that would preempt New York State law regarding the carrying of concealed firearms by civilian non - residents. We are opposed, not because we oppose the Second Amendment - we do not, but because even those with a license to carry in their home state may not have been required to demonstrate any relative skill or knowledge concerning firearms prior to receiving a license. The Federally Mandated Concealed Carry legislation would severely undermine New York's concealed carry licensing laws by allowing out -of -state visitors to carry concealed firearms, even if those visitors have not met the standards for carrying a concealed weapon that our residents must meet. Such federal proposals usurp individual state and local concealed carry laws, which vary widely. Not all states require background checks or safety training. New York State and its localities should have the right to legislate concealed carry laws that best fit the needs of our communities. Indeed, many states already set the conditions by which they allow reciprocity with other states. New York does not allow concealed carry reciprocity with any other state; that was determined by the state legislature and has proven to work well for the citizens of NY. In fact, New York State's strong gun laws and our low gun ownership rate (18 %) have resulted in our state having the third lowest gun death rate in the nation. We had 49 gun- homicides in Buffalo last year. Why subject us to more guns? Federal preemption of New York's concealed carry law would create potentially life- threatening situations for law enforcement officers. During traffic stops, it would be nearly impossible for police to verify the validity of more than 50 different carry permits, forcing officers to make split- second decisions for their own safety in already tense and dangerous situations. We need fewer guns on our streets, not more. "It's a nightmare for New York law enforcement," said Senator Charles Schumer of New York. "In 20 states you can have a repeated history of mental health police visits and you can get a gun. You can have a domestic violence record. In many states, people subject to emergency orders of protection can be allowed to carry." Gun licenses should not be treated as driver's licenses. Unlike drivers' licenses, there is no universal standard or protocol to easily and consistently verify the veracity and authenticity of a concealed carry permit held by an out -of -state visitor. In Mississippi, one only needs to apply to receive a concealed carry permit. In Virginia, an on -line course can get you one; you don't even have to live in Florida to get a license there, you just have to send in the fee. We urge you to go on record, as a Council and individually, to oppose Federally Mandated Concealed Carry legislation (S.498 or H.R.402). Thank you for your time and consideration. Sincerely, Paul McQuillen Upstate Coordinator New Yorkers Against Gun Violence REFERRED TO THE COMMITTEE ONLEGISLATION NO. 966 M. ROMANOWSKI -SITE PLAN APPROVAL -3 GATES CIRCLE I hereb�r certify that at a meeting of the City of Buffalo Planning Board hem at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 21 s day of April 2015, a resolution was adopted of which the following is a true copy: Present: James Morrell, Chair Henry Burns Horace A. Gioia Martha Lamparelli Frank A. Manuele Cynthia Schwartz The following resolution was introduced: WHEREAS, on April 2, 2015, Gates Circle Holdings, LLC (the "Applicant "), pursuant to § 511 -137 et seq. of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law § 27 -a, submitted a Letter of Intent ( "LOI "), including Exhibits "A" through "G," to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the request for Site Plan approval for the proposed demolition of the former Medical Services Building ( "Building 'B "') of the former Millard Fillmore Gates Hospital Site ( "Site ") to facilitate redevelopment of the Site (the "Project "); and WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan approval; and WHEREAS, a Public Hearing was held on the matter on April 21, 2015, at which time the Applicants presented the details for the Project and all who wished to comment on the matter were allowed to be heard; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code § 511 -137 et seq. and New York General City Law § 27 -a, received and reviewed the Application materials for the Project and, after fully discussing this matter, has decided to approve the demolition as presented in the Application materials; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF "), attached as Exhibit "G" to the April 2, 2015 LOI, to assist the Planning Board in reviewing the potential impacts of this request; and WHEREAS, the Planning Board determined that the overall Gates Circle Redevelopment Project may have the potential for significant adverse environmental impacts and have required the Applicant to prepare a Draft Generic Environmental Impact Statement ( "DGEIS'); however, the demolition of Building "B', in of itself, will not create any significant adverse environmental impacts; and because the larger Gates Circle Redevelopment Project will require the preparation of a DGEIS, issuing a Negative Declaration for this limited element of the overall development will not minimize or inhibit the environmental review for the larger project. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for the demolition of the former Medical Services Building, located at the former Millard Fillmore Gates Hospital Site located a 3 Gates Circle, Buffalo, New York. 2. The Planning Board has made the following determinations with respect to the Applicants' request for Site Plan approval for the Project: The Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; The Project will retain adequate pedestrian movement, safety and access around the Site; The Project will incorporate storm water retention measures to comply with the standards set forth in the Buffalo Sewer Authority's Storm water Management Plan; The Project provides adequate fire lanes and emergency access; and The Project is not anticipated to result in any ponding, flooding and /or erosion. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 21 sc day of April, 2015. Upon roll call vote: AYE NAY James Morrell, Chair x Henry Burns X Horace A. Gioia X Martha Lamparelli X Frank A. Manuele X Cynthia Schwartz X RECEIVED AND FILED NO. 966 M. ROMANOWSKI -SITE PLAN APPROVAL -MIXED USE DEVELOPMENT - BE IT RESOLVED" I hereb�r certify that at a meeting of the City of Buffalo Planning Board hem at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 21 s day of April 12015, a resolution was adopted of which the following is a true copy: Present: James Morrell, Chair Henry Bums Horace A. Gioia Martha Lamparelli Frank A. Manuele Cynthia Schwartz The following resolution was introduced: WHEREAS, on September 24, 2014, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P., (collectively, the "Applicants "), pursuant to § 511 -137 et seq. of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law § 27 -a, submitted a Letter of Intent ( "LOI "), including Exhibits "A" through "L," to the City of Buffalo Planning Board ( "Planning Board "), and on October 31, 2014, the Applicants submitted an Amendment to the LOI, including Exhibits "M" through "Z,', and on April 6, 2015, the Applicants submitted further amendments to the LOI, including Exhibits '%" through "J" thereto, in furtherance of their request for Site Plan approval for the proposed redevelopment of the Pilgrim Village residential complex (the "Project "), which includes the demolition Wive existing buildings and the construction of a new mixed -use development called Campus Square on the southwest portion of the block bounded by Best Street to the north, Michigan Avenue to the east, East North Street to the south and Ellicott Street to the west (the "Site "); and WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan approval; and WHEREAS, a Public Hearing was held on the matter on April 21,2015, at which the Applicants presented the revised design details for the Project and all who wished to comment on the matter were allowed to be heard; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code § 511 -137 et seq. and New York General City Law § 27 -a, received and reviewed the Application materials for the Project and, after fully discussing this matter, has decided to approve the Site Plan as presented in the Application materials, including the Amendment to the LOI dated April 6, 2015; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF "), attached as Exhibit "L" to the September 24, 2014 LOI, as amended by the FEAF attached as Exhibit "W" to the October 31, 2014 Amendment to the LOI, and as amended by the FEAF attached as Exhibit "J" to the April 6, 2015 Amendment to the LOI to assist the Planning Board in reviewing the potential impacts of this request; Previously, on or about November 4, 2014, the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not require the preparation of a Draft Environmental Impact Statement ( "DEIS "). The proposed revisions to the parking and building will not create any significant adverse environmental impacts, and the Planning Board has issued an Amended Negative Declaration for these changes. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq, and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for a mixed -use development to contain 150 residential units supported by approximately 57,000 square feet of non - residential space and a 4 -story parking structure and surface parking for a total Of272 spaces. The Project involves the demolition of five existing multi - family residential buildings, the residents of which will be offered relocation elsewhere within the Pilgrim Village complex. 2. Proposed changes to the Project include: a. Reduced in height from 8 stories to 6 stories and 106' in height to 92' in height; b. Eliminated the underground parking and replaces it with a 4 -story, 200 -space parking structure; c. Total available parking is now 272 spaces (264 on -site, 8 off - site)and previously it was 283 spaces; d. Total square footage is now 264,991 sq. ft. and previously it was 289,000; e. The number of residential units is 150 and previously it was 191; f. Commercial space will remain nearly the same; and g. Greenspace is now .41 acres and previously it was .63 acres. 3. The Planning Board has made the following determinations with respect to the Applicants' request for Site Plan approval for the Project: a. The Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; c. The proposed design for the Project is aesthetically appropriate and will provide residential and non - residential offerings to meet growing needs in the Site's neighborhood; d. The design of entrances and traffic circulation surrounding the Project will minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; e. The Project will add sufficient parking to serve the Site and to comply with the parking requirements set forth at Code § 511 -96, and adequate snow storage will be provided on -site; f. The Project incorporates adequate ingress, egress and disabled accessibility for pedestrians; g. The Project will incorporate storm after retention measures to comply with the standards set forth in the Buffalo Sewer Authority's Storm water Management Plan; h. The Project incorporates adequate and appropriate landscaping that satisfies City requirements for the Site; i. The Project provides adequate fire lanes and emergency access; j. The Project is not anticipated to result in any ponding, flooding and /or erosion; and k. The Project and the Site Plan will meet recognized needs in the Site's area and will be a positive addition that is compatible with the surrounding uses, structures and buildings. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 21st day of April, 2015. Upon roll call vote: AYE NAY James Morrell, Chair x Henry Burns X Horace A. Gioia X Martha Lamparelli X Frank A. Manuele X Cynthia Schwartz X RECEIVED AND FILED NO. 967 M. ROMANOWSKI -SEQR -903 ELLICOTT, 1100 MICHIGAN, 160 NORTH ST STATE ENVIRONMENTAL QUALITY REVIEW ACT AMENDED DETERMINATION OF SIGNIFICANCE This notice is issued by the City of Buffalo ( "the City ") Planning Board (the "Planning Board ") in a Coordinated Environmental Impact Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA "). On or about November 4, 2014, the planning Board determined that the proposal by McGuire Development Company, Mark Trammell and Pilgrim village Associates, L.P. (collectively, the "Applicants ") to redevelop an approximately 3.4,acre portion of the existing Pilgrim Village residential complex at the comer of East North Street and Ellicott Street (the "Site ") as described herein, would not have any significant adverse impact on the environment; that a Negative Declaration pursuant to SEQRA should be issued; and that no Environmental Impact Statement need be prepared. The Applicants have revised the Project to reduce its overall size and add an external parking structure. The Planning Board has determined that these changes will not result in any significant adverse environmental impacts and are issuing an Amended Negative Declaration. Reasons supporting this determination are fully explained below. Project Name: Pilgrim Village Redevelopment / Campus Square SEQRA Status: Type I: Unlisted: XX Affected Parcels 903 Ellicott Street: 100.71 -3 -1.1 1100 Michigan Avenue: 100.72 -1 -1.1 150 North Street East: 100.72 -1 -17.11 (for rezoning only) Buffalo, New York Landowners 903 Ellicott Street: Pilgrim Village Associates, L.P. 1100 Michigan Avenue: Pilgrim Village Associates, L.P. 150 North Street East: Cornerstone Manor, L.P. Zoning District: Current: CM (General Commercial District) Project Description: The Applicants will redevelop the Site by replacing several existing multi -unit apartment buildings with a new mixed -use building and by renovating other multi -unit apartment buildings (the "Project "). The Site comprises approximately 3.5 acres in total. The Project consists of.' (1) rezoning the block bound by East North Street, Michigan Avenue, Best Street and Ellicott Street, including land owned by the Applicants and an adjacent parcel owned by Cornerstone Manor, L.P. (collectively "Affected Parcels "); (2) subdividing the land comprising the Site; (3) demolishing five of Pilgrim Village's existing buildings; (4) constructing a new building approximately 92 feet in height, which will contain approximately 150 residential units and approximately 57,076 square feet of non - residential space that will include commercial uses and non - profit fine arts schools, and which will require an Area Variance for building height; (5) rehabilitating other existing multi - family residential buildings on and adjacent to the Site; and (6) constructing a 4 -story, 200 -space parking structure to serve the Site. Proposed changes to the Project include: -Reduced in height from 8 stories to 6 stories and 106' in height to 92' in height; -Eliminated the underground parking and replaces it with a 4 -story, 200 -space parking structure; -Total available parking is now 272 spaces (264 on -site; 8 off -site) and previously it was 283 spaces; • Total square footage is now 264,991 sq. ft. and previously it was 289,000; • The number of residential units is 150 and previously it was 191; • Commercial space will remain nearly the same; and • Greenspace is now .41 acres and previously it was .63 acres. Reasons Supporting This Determination: Background 1. The Planning Board has authority over this Project, with discretion to approve or disapprove the Site Plan and Subdivision and to recommend approval or disapproval of the rezoning to the Common Council. The Planning Board also has authority to impose appropriate conditions necessary to mitigate any potentially adverse environmental impacts. As such, the Planning Board is an appropriate entity to review the Project and to serve as Lead Agency under SEQRA. 2. On September 10, 2014, the Planning Board circulated a Notice of Intent to Act as SEQRA Lead Agency to all the Interested and Involved Agencies. Because no Involved Agency objected to the Planning Board's Notice of Intent, the Planning Board was established as Lead Agency on October 10, 2014. 3. On August 29, September 24, October 31, 2014 and April 6, 2015, the Applicants provided detailed Project information. Their submissions included, as amended, a Full Environmental Assessment Form, as amended, a Site Plan and related materials, a Preliminary Layout, current and proposed zoning maps, a survey and various application forms for the required approvals described above. 4. The Planning Board held multiple meetings at which the Applicants presented details about the Project and answered questions from Planning Board members concerning its potential environmental impacts. 5. The Planning Board held a meeting on April 21, 2015, at which the Applicants presented details about the Amended Project and answered questions from Planning Board members concerning its potential environmental impacts. 6. The Planning Board has carefully considered the full scope of the amendments to the Project and reviewed and considered all materials related to it, including: Amended Site Plan Letter of Intent and all the exhibits and attachments thereto, dated April 6, 2015 seeking approval of further modifications to the design resulting in necessary construction changes. This submission included an amended Full Environmental Assessment Form, revised Site Plan and related materials, and a survey for the required Amended Site Plan approval described above; and Information provided by the Applicant during the Planning Board meeting and Public Hearing on April 7 and April 21, 2015. 7. On December 9, 2014, the Common Council issued a rezoning request to zone the parcel CM; and on December 17, 2014, the City of Buffalo Zoning Board of Appeals issued a height variance. Environmental Setting 8. The Affected Parcels are located in a highly developed urban area directly North (across East North Street) from the Buffalo Niagara Medical Campus ( "BNMC "). The Site's block currently contains the Pilgrim Village multi - family residential buildings, landscaped space and several parking areas between the buildings. The Cornerstone Manor facility, operated by the Buffalo City Mission, is located on the block's southeast comer. 9. The Site consists of approximately 3.5 acres of developed urban land in a neighborhood dominated by residential, medical, educational and commercial uses. It is surrounded by city streets on all sides, is adjacent to several bus stops and is one block east of a Metro rail station. 10. The Site contains vegetation in the form of gross and various trees and shrubs in the open areas between Pilgrim Village's residential structures and parking areas. The Applicants have submitted plans indicating that all significant trees to be removed will be replaced at a ratio of at least 1 -to -1. Analysis of Potential Impacts to Environmental Resources Associated with the Proposed Changes to the Project Impacts on Surface Water or Groundwater Quality or Quantity During construction, the Project will utilize appropriate erosion and sediment control practices and will comply with all applicable New York State Pollutant Discharge Elimination System requirements. The proposed changes to the Project will create a modest increase in impervious area due to the replacement of some existing grass- covered land with the new building, parking structure and surface parking spaces. There are no surface water features on or near the Site, and the Site's block is adequately served by existing storm sewers. The Project will continue to utilize stormwater management measures to comply with the standards set forth in the Buffalo Sewer Authority's Stormwater Management Plan. The measures to be utilized at the Site during construction include sand bag erosion protection, a silt fence and a stabilized construction entrance. As a result of the Project's location; limited scope and stormwater management measures, changes to the Project will not result in any significant adverse impacts on surface water or groundwater quality or quantity. Impacts on Traffic Vehicle use at or near the Site may increase marginally due to the increased residential unit density and the addition of new non - residential uses, but the Project may also reduce vehicle use in the immediate area because it will provide new residential options adjacent to the burgeoning BNMC, thus decreasing commuter traffic. In addition, four bus stops are located on or adjacent to the Site's block, and a Metro rail station is located just one block to the west (at the comer of Main and Best Streets). As a result, the Site will continue to benefit from the traffic - reducing effects of easily accessible public transportation. The Applicants have worked with the City's reviewing entities to provide for appropriate ingress and egress points to the on -site parking facilities, and the amount of parking provided meets City Code requirements. Because the Project will be reduced in size, changes to the Project will not have any significant adverse, impacts on traffic conditions in the area. Impacts on Historical, Archeological, Architectural or Aesthetic Resources or Neighborhood Character The Site does not contain any structures of historical significance. Although it is in an archaeological sensitive area (like much of downtown Buffalo), is not located in or immediately adjacent to an active archaeological site or a site listed on the State or National Register of Historic Places. There will be no detrimental impact on the City Honors School to the Site's east, which is the nearest site designated on the State or National Register and is located more than 800 feet from the proposed construction area. The Site and surrounding land are highly developed, and the Project will improve overall area aesthetics by replacing several aging multi - family residential buildings with a new building designed to complement the surrounding area and offer an attractive space for residents and visitors. It is entirely consistent with neighborhood character, and will provide cultural opportunities in the form of fine arts schools for music and dance that will occupy some of the new building's non - residential space. Because the Project will have improved aesthetics, changes to the Project will not have any significant adverse impacts on historical, archaeological, architectural or aesthetic resources or neighborhood character. Impacts on Community Services Community services include such things as law enforcement, fire protection and emergency services. There is no reason to anticipate significant increased demand with respect to such services. Fire and emergency access to the Site via existing roadways is sufficient to satisfy the requirements of the Fire Code of New York State (incorporated into New York law by reference at 19 N.Y.C.R.R. § 1225.1). Police and fire protection are adequate to serve the highly developed urban area surrounding the Site, and no significant additional burden on these services is expected. In addition, public schools serving the area have adequate capacity to absorb any increase in student population created by the increase in residential density at the Site. Because the Project is reduced in size, changes to the Project will not have any significant adverse impacts on community services. Conclusion: A thorough analysis of all potential negative environmental impacts associated with the proposed changes to the Project reveals that the potential for such impacts is minimal and it has been mitigated to the greatest extent practicable. As a result, there will be no significant adverse environmental impacts associated with the amended Project. Accordingly, it is appropriate for the Planning Board to issue an Amended Negative Declaration for the Project. Copies of this Amended Negative Declaration will be filed with the New York State Department of Environmental Conservation and distributed to all Interested and Involved Agencies. For Further Information Contact: Nadine Marrero City of Buffalo Director of Planning Room 901, 65 Niagara Square Buffalo, NY 14202 716 - 851 -5029 RECEIVED AND FILED NO. 968 M. ROMANOWSKI -SEQR 3 GATES CIRCLE STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE This notice is issued by the City of Buffalo ( "the City ") Planning Board (the "Planning Board ") in a Coordinated Environmental Impact Review pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively, "SEQRA "). The Planning Board has determined that the proposal by Gates Circle Holdings, LLC (the "Applicant "), pursuant to § 511 -137 et seq. of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law § 27 -a, to demolish the Medical Services Building ( "Building 'B ( "Project ") of the former Millard Fillmore Gates Hospital Site ( "Site ") as described herein, will not have any significant adverse impact on the environment; that a Negative Declaration pursuant to SEQRA should be issued; and that no Environmental Impact Statement need be prepared for this specific project. Reasons supporting this determination are fully explained below. Project Name: Gates Circle Redevelopment / Medical Services Building Demolition Affected Parcel: Landowners: Zoning District: Project Description: To make way for future development, the former Medical Services Building must be demolished. The Medical Services Building, or Building "B" was constructed in 1973 and included outpatient service areas, clinical space, training areas and an elevator tower connecting it with the pre- existing hospital tower (the "A" tower). The removal of Building B is necessary to create additional space on the Site for redevelopment because the structure does not lend itself to reuse for the commercial or residential uses intended for the Site. Reasons Supporting This Determination: Background 1. The Planning Board has authority over this Project, with discretion to approve or disapprove the Site Plan. The Planning Board also has authority to impose appropriate conditions necessary to mitigate any potentially adverse environmental impacts. As such, the Planning Board is an appropriate entity to review the Project and to serve as Lead Agency under SEQRA. 2. The Planning Board is conducting an uncoordinated review for the limited review of this one aspect of the Project. 3. On April 2, 2015, the Applicant provided detailed Project information. The submissions included a Full Environmental Assessment Form, as amended, a Site Plan and related materials, a survey and various application forms for the required approvals described above. 4. The Planning Board held a meeting on April 21, 2015, at which the Applicant presented details about the Project and answered questions from Planning Board members concerning its potential environmental impacts. 5. The Planning Board has carefully considered the full scope of the Project and reviewed and considered all materials related to it, including the Letter of Intent and all the exhibits and attachments thereto, dated April 6, 2015 seeking approval of the proposed demolition. Environmental Setting 6. The Affected Parcel is located in a highly developed urban area and is the site of the former Millard Fillmore Gates Hospital, located at the intersection of Gates Circle and Delaware Avenue. 7. The Site consists of approximately 6.8 acres of developed urban land in a neighborhood dominated by residential, medical, educational and commercial uses. It is surrounded by city streets on three sides and a medical office building and parking ramp to the south. 8. The Site is largely paved, with limited vegetation associated with existing landscaping. Analysis of Impacts to Environmental Resources Impacts on Surface Water or Groundwater Quality or Quantity During demolition, the Project will utilize appropriate stormwater control practices and will comply with all applicable City or State requirements. The measures to be utilized at the Site during construction include sand bag erosion protection and a stabilized construction entrance. There are no surface water features on or near the Site, and the Site's block is adequately served by existing storm sewers. As a result of the Project's location, limited scope and stormwater management measures, it will not result in any significant adverse impacts on surface water or groundwater quality or quantity. Impacts on Air Quality The proposed demolition will result in the generation of dust. The Applicant will employ standard watering techniques to limit dust generation and migration from the Site. For these reasons, the Project will not result in any significant adverse impacts on air quality. Impacts on Noise Levels The Project will generate additional noise during demolition. However, these impacts will be temporary, but such impacts will be minimized to the extent possible. The Site is located in an urban area with typical ambient city noise, and the Project will not change tiffs condition. For these reasons, the Project will not have any significant adverse impacts on noise levels in the area. Impacts on Historical, Archeological, Architectural or Aesthetic Resources or Neighborhood Character The Project does not impact any structures of historical significance. The Site is not located in or immediately adjacent to an active archaeological site or a site listed on the State or National Register of Historic Places. For these reasons, the Project will not have any significant adverse impacts on historical, archaeological, architectural or aesthetic resources or neighborhood character. Impacts on Community Services Community services include such things as law enforcement, fire protection and emergency services. There is no reason to anticipate significant increased demand with respect to such services as a result of a demolition. Fire and emergency access to the Site via existing roadways is sufficient to satisfy the requirements of the Fire Code of New York State (incorporated into New York law by reference at 19 N.Y.C.R.R. § 1225.1). Police and fire protection are adequate to serve the highly developed urban area surrounding the Site, and no significant additional burden on these services is expected. For these masons, the Project will not have any significant adverse impacts on community services. Conclusion: A thorough analysis of all potential negative environmental impacts associated with the Project reveals that the potential for such impacts with respect to the demolition of Building "B" is minimal and it has been mitigated to the greatest extent practicable. As a result, there will be no significant adverse environmental impacts associated with this specific Project. While the Planning Board determined that the overall Gates Circle Redevelopment Project may have the potential for significant adverse environmental impacts and have required the Applicant to prepare a Draft Generic Environmental Impact Statement ( "DGEIS "); the demolition of Building "B ", in of itself, will not create any significant adverse environmental impacts. Because the larger Gates Circle Redevelopment Project will require the preparation of a DGEIS, issuing a Negative Declaration for this limited element of the overall development will not minimize or inhibit the environmental review for the larger project. Accordingly, it is appropriate for the Planning Board to issue a Negative Declaration for the Project. For further information contact Nadine Marrero City of Buffalo Director of Planning Room 901, 65 Niagara Square Buffalo, NY 14202 716 - 851 -5029 RECEIVED AND FILED PETITIONS NO. 969 S. DARGAVEL, OWNER, USE 1880 SENECA ST TO TRE- ESTABLISH A TAKE OUT RESTAURANT (HRG 05 /19)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 970 J. FELIX, OWNER, USE 464 SEVENTH FOR A BARBER SHOP IN THE NIAGARA RIVER COASTAL DISTRICT (HRG 05 /19)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 971 APPOINT DISPATCHER (PERM)(MAX)(HUTHMACHER)(PW) (CCP# 15 -821, 04/28) Mr. Wyatt moved: That Communication 821 of April 28, 2015, be received and filed and that the Appointment of Thomas M. Huthmacher, 88 Kentucky St, Buffalo, NY 14204, to the Position of Dispatcher, Permanent at the Maximum Salary of $40.306 is hereby approved. PASSED AYES -9 NOES -0 NO. 972 APPOINT SENIOR CEIL BLOCK ATTENDANT(PERM)(INTER STEP 7 OF 16)(STACHOWSKI) (CCP# 15 -823, 04/28) Mr. Wyatt moved: That Communication 823 of April 28, 2015, be received and filed and that the Appointment of Jessie Stachowski, 182 Willett Street, Apt 1, Buffalo, NY 14205, to the Position of Senior Cell Block Attendant, Permanent at the Intermediate Salary of $33,608 is hereby approved. PASSED AYES -9 NOES -0 NO. 973 APPOINT SENIOR CELL BLOCK ATTENDANT(PROV)(INTER STEP 2 OF 5)(HANRAHAN)(POL) Mr. Wyatt moved: That Communication 824 of April 28, 2015, be received and filed and that the Appointment of Margaret Hanrahan, 272 Baraga St, Buffalo, NY 14220, to the Position of Senior Cell Block Attendant, Provisional at the Intermediate Salary of $36,465 is hereby approved. PASSED AYES -9, NOES -0 NO. 974 APPOINT SENIOR CELL BLOCK ATTENDANT (PROV)(INTER)(JASKULA)(POL) (CCP# 15 -825, 04/28) Mr. Wyatt moved: That Communication 825 of April 28, 2015, be received and filed and that the Appointment of Matthew Jaskula, 53 Susan Lane, Buffalo, NY 14220, to the Position of Senior Cell Block Attendant, Provisional at the Intermediate Salary of $27,673 is hereby approved. PASSED AYES -9 NOES -0 NO. 975 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CIK) (CCP #15 -843, 04/28) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) SERVICES NO. 976 R. FONTANA -M. SCHROEDER- CONCERNS LASALLE AMBULANCE D /B /A RURAL METRO MEDICAL SERVICES (CCP #15 - 843,04/28) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 977 PERMISSION TO AMEND AGMT FOR RECYCLING EDUCATION & MARKETING SERVICES (ITEM APP 4/14/15 W /COND, FOR DISCUSSION) (C.C.P. #15 -708, APR 14) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 978 FOOD STORE LICENSE (NEW) - 344 BROADWAY (ELL)(DPIS) (ITEM NO. 827, C.C.P., APR. 28, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Salem Alsalahi d /b /a Salems & Sons Inc. located at 344 Broadway. PASSED AYES 9, NOES 0 NO. 979 FOOD STORE LICENSE (NEW) - 468 NIAGARA (ELL)(DPIS) (ITEM NO. 829, C.C.P., APR. 28, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Enock Rushikana d /b /a Sunshine Market located at 468 Niagara. PASSED AYES 9, NOES 0 NO. 980 MOBILE FOOD TRUCK - RICOS PINCHOS PLACE (DPIS) (ITEM NO. 831, C.C.P., APR. 28, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Hector Carrasquillo of 157 15 Street, Buffalo, New York 14213, d /b /a Ricos Pinchos Place is hereby approved. PASSED AYES 9, NOES 0 NO. 981 R. FONTANA- CONCERNS & RESPONSE BRINKMAN ST. (C.C.P. #15 -846, APR 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 982 T. BATH, AGENT, TO USE 1116 ELMWOOD TO CREATE AN OUTDOOR PATIO IN THE CITY RIGHT -OF -WAY FOR AN EXISTING RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 853, C.C.P., APR. 28, 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 T. Bath, Agent, to create an outdoor patio in the City right -of -way for an existing restaurant, located at 1116 Elmwood Avenue, in the Elmwood Avenue Business District upon the following conditions: 1) Close at 10 pm on Weekdays and 10:30 pm on Weekends 2) Surround the Patio with a non - permanent ornamental metal fencing PASSED AYES 9, NOES 0 NO. 983 B. BERNATOVICZ, AGENT, TO USE 500 SENECA TO ERECT GROUND SIGNS TO THE LOT OF A MULTI -STORY MIXED -USE BUILDING (ELL)(DPIS) (ITEM NO. 856, C.C.P., APR. 28, 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 B. Bernatovicz, Agent, to erect ten (10) freestanding ground signs to the lot of a multi- story mixed -use building, located at 500 Seneca Street. PASSED AYES 9, NOES 0 NO. 984 ESTABLISHMENT OF A COMMITTEE ON MANDATORY PAID SICK LEAVE (ITEM NO. 782, C.C.P., APR. 14, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby establishes a committee of citizens which shall develop legal verbiage for use in an ordinance that will establish Mandatory Sick Leave for City of Buffalo seasonal employees and a citywide ordinance. The committee will also provide recommendations for the full implementation of such legislation, which will include a timeline for the implementation of Mandatory Sick Leave. The report shall be filed no later than August 30, 2015. The committee of citizens shall consist of one representative (representative must be a resident of the City of Buffalo) from each of the following organizations: • Buffalo First! • Citizen Action of New York • Coalition of Black Trade Unionists • Coalition for Economic Justice (CEJ) • Community Health Network of Buffalo • Open Buffalo (OB) • National Lawyers Guild - Buffalo Chapter • Partnership for the Public Good (PPG) • People United for Sustainable Housing (PUSH) Buffalo • Small Business Development Center at Buffalo State • Westminster Economic Development Initiative (WEDI) • Western New York Workers Center • Western New York Area Labor Federation (WNYALF) ADOPTED NO. 985 R. WYATT- UNIVERSITY DISTRICT FOOD STORE RENEWAL SESSION OUTCOME (C.C.P. #15 -873, APR 28)(#16-766,4/14) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 986 FOOD STORE LICENSE (NEW) - 140 ABBOTT ROAD (LOV)(DPIS) (ITEM NO. 879, C.C.P., APR. 28, 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 Bhupinder Singh d /b /a Ajay Amherst, Inc. located at 140 Abbott Road with the following conditions: 1) No sale of loose cigarettes 2) No sale of blunt wraps 3) No sale of glass pens 4) No sale of drug paraphernalia 5) No sale of single razor blades PASSED AYES 9, NOES 0 NO. 987 F. LAZARUS, AGENT, TO USE 475 ELLICOTT TO ERECT AN LED BILLBOARD GROUND SIGN IN THE DOWNTOWN OPPORTUNITY DISTRICT (ELL)(DPIS) (ITEM NO. 778, C.C.P., APR. 14, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of F. Lazarus, Agent, to erect a 10' x 20'x 27' high LED billboard ground sign on the Oak Street side of a thru lot located at 475 Ellicott in the Downtown Opportunity District. PASSED AYES 9, NOES 0 NO. 988 FOOD STORE LICENSE (NEW) 1225 HERTEL (DEL)(DPIS) (ITEM NO. 418, C.C.P., MAR. 3, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That 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 Moheeb Fadel d /b /a City Grocery Express Inc. located at 1225 Hertel with the following conditions: -Must have working security cameras inside and outside of store with at least one camera focused on entrance way and point of sale area. with an additional cameras focused on the front perimeter of the store. The surveillance system should be registered with the Buffalo Police Department within 30 days of this signed document. All video should be stored for at least 30 days. -No spray painted, hand painted or air - brushed signage or graphics on building -No outside signage advertising tobacco, gambling (lottery), or alcohol -No selling of loose items, such as cigarettes, diapers, etc... -Must have trash receptacles outside store and be maintained -No payphones outside of store -No blocking of windows -Any broken windows must be repaired within 72 hours -No smoking in building -Any graffiti must be removed within 72 hours -No vehicles parked on sidewalks "No Loitering" signs to be posted and enforced by store employees -No selling of Drug Paraphernalia of any type -Snow should be shoveled around store grounds; snow should also be removed from fire hydrants as stated in the city ordinance; and around bus stops as part of good customer service for our district as business owners. PASSED AYES 9, NOES 0 NO. 989 FOOD STORE LICENSE (NEW) - 2248 MAIN (DEL)(DPIS) (ITEM NO. 420, C.C.P., MAR. 3, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That 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 Bilil Mohamed d /b /a H & A Grocery Deli Inc. locked m 2248 Main, upon the following conditions: -Must have working security cameras inside and outside of store with at least one camera focused on entrance way and point of sale area with an additional cameras focused on the front perimeter of the store. The surveillance system should be registered with the Buffalo Police Department within 30 days of this signed document. All video should be stored for at least 30 days. -No spray painted, hand painted or air - brushed signage or graphics on building -No outside signage advertising tobacco, gam bling(lottery), or alcohol. -No selling of loose items, such as cigarettes, diapers, etc... -Must have trash receptacles outside store and be maintained -No payphones outside of store -No blocking of windows -Any broken windows must be repaired within 72 hours -No smoking in building -Any graffiti must be removed within 72 hours -No vehicles parked on sidewalks -No Loitering" signs to be posted and enforced by store employees -No selling of Drug Paraphernalia of any type -Snow should be shoveled around store grounds; snow should also be removed from fire hydrants as stated in the city ordinance; and around bus stops as part of good customer service for our district as business owners. PASSED AYES 9. NOES 0 NO. 990 RECYCLING IN THE CITY OF BUFFALO (EXC RES)(PRIDGEN, ETC) (C.C.P. #15 -383, FEB 17) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 991 BY: COUNCILMEMBER RICHARD A. FONTANA RESOLUTION AUTHORIZING AN AMENDED AND RESTATED GROUND SUBLEASE (SERIES 2007 -8 PROJECT) AND AN AMENDED AND RESTATED GROUND LEASE (SERIES 2007 -8 PROJECT) IN CONNECTION WITH THE REFUNDING OF ALL OR A PORTION OF THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY'S SCHOOL FACILITY REVENUE BONDS (CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO PROJECT), SERIES 2007A (THE "SERIES 2007A BONDS "), AND THE SCHOOL FACILITY REVENUE BONDS (CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO PROJECT), SERIES 2008A (THE "SERIES 2008A BONDS ") Resolution of the City of Buffalo (the "City ") authorizing an amendment and restatement of a ground sublease, dated as of August 1, 2007 between the City and the City School District of the City of Buffalo and an amendment and restatement of a ground lease, dated as of August 1, 2007 between the City and the District, of certain educational facilities to the ECIDA (as defined herein) and authorizing other matters related to the issuance of by the ECIDA of its School Facility Refunding Revenue Bonds (City School District of the City of Buffalo Project), Series 2015A (the "Series 20t5A Bonds ") for the purpose of refinancing the costs of the Series 2007 -8 Project (as defined herein) by advance refunding the outstanding Series 2007A Bonds and the Series 2008A Bonds, and determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004, and Chapter 283 of the Laws of 2006, and Chapter 403 of the Laws of 2008, and Chapter 492 of the Laws of 2008, and Chapter 497 of the Laws of 2008, and Chapter 209 of the Laws of 2009 (the "School Act "), has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own or lease educational facilities of the City of Buffalo (the "City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WHEREAS, the City and the School District, through their duly authorized agent for such purposes, the Joint Schools Construction Board (`JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, the initial phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereinafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P., October 22, 2002); and WHEREAS, the second phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P., December 2, 2004); and WHEREAS, the third phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 29, 2007 (Item 53, C.C.P., May 29, 2007) and January 22, 2008 (Item 87, C.C.P., January 28, 2008 p and February 5, 2008 (Item 89, C.C.P., February 5, 2008); and WHEREAS, the fourth phase of the Project, the leasing of school facilities related thereto, the subleasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on September 15, 2009 (Item 61, C.C.P., September 15, 2009); and WHEREAS, the fifth phase of the Project, the subleasing of school facilities related thereto, and the refunding of the initial phase of the Project as well as the disposition of State Aid Revenues in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on May 3,2011 (Item 103, C.C.P., May 3,2011); and WHEREAS, in order to finance certain remaining costs of the second phase of the Project and to finance the first part of the third phase of the Project, the ECIDA issued the Series 2007A Bonds (the "Series 2007A Project "); and WHEREAS, in order to finance the remainder of the third phase of the Project, the ECIDA issued the Series 2008A Bonds (the "Series 2008A Project "); and WHEREAS, with respect to the Series 2007A Project, (i) the City and the School District subleased the second phase school facilities, not financed from the proceeds of prior bonds issued in 2004, to the ECIDA pursuant to a Ground Sublease (Series 2007A Project) dated August I, 2007, between the City and the School District, as lessors, and the ECIDA, as lessee (the "Series 2007A Ground Sublease "); and (ii) the City and the School District leased the first group of the third phase school facilities to the ECIDA pursuant to a Ground Lease (Series 2007A Project) dated as of August 1, 2007 between the City and the School District, as lessors, and the ECIDA, as lessee (the "Series 2007A Ground Lease "); and WHEREAS, with respect to the Series 2008A Project, the City and the School District leased the remaining group of the third phase school facilities to the ECIDA pursuant to a First Amendment to the Ground Lease (Series 2008 Project), dated as of February 1, 2008, amendatory of the Series 2007A Ground Lease, between the City and the School District, as lessors, and the ECIDA as lessee (together, the "Series 2008A Ground Lease "); and WHEREAS, the Series 2007A Bonds were secured with installment payments to be paid by the School District to the ECIDA pursuant to an Installment Sale Agreement (Series 2007A Project) dates as of August 1, 2007 (the "2007A Installment Sale Agreement "), between the ECIDA and the School District; and WHEREAS, the Series 2008A Bonds were secured with installment payments to be paid by the School District to the ECIDA pursuant to a First Amendment to Installment Sale Agreement (Series 2008A Project) dated as of February 1, 2008 amending the 2007A Installment Sale Agreement, each between the ECIDA and the School District (collectively, the "2008A Installment Sale Agreement "); and WHEREAS, in order to achieve cash savings, Citigroup Global Markets, Inc. has prepared and submitted to the School District a proposed refunding financial plan (a summary concerning the purpose of the funding is attached hereto as Appendix A) describing the proposed refunding of all or a portion of the Series 2007A Bonds and the Series 2008A Bonds and for incidental and related costs and to provide funds to pay the costs and expenses of the issuance of the Series 2015A Bonds described herein (the "Series 2007 -8 Project ")through the issuance by the ECIDA of the Series 2015A Bonds, the issuance of which will result in annual cash savings and present value savings through reduced annual debt service payments on the Series 2015A Bonds, relative to the annual net debt service on the Series 2007A Bonds and the Series 2008A Bonds projected at the time of the issuance of the Series 2007A Bonds and Series 2008A Bonds and the elimination of the debt service reserve fund for the Series 2007A Bonds and the Series 2008A Bonds; and WHEREAS, any annual cash savings will benefit the School District by lowering the debt service on the Series 2015A Bonds relative to net debt service on the Series 2007A Bonds and the Series 2008A Bonds projected at the time of issuance of the Series 2007A Bonds and Series 2008A Bonds while still maintaining the payment of State building aid on the second and third phase of the Project with respect to school facilities financed by the Series 2007A Bonds and the Series 2008A Bonds at current levels (without regard to the refunding of the Series 2007A Bonds and the Series 2008A Bonds); and WHEREAS, in order to refund all or a portion of the Series 2007A Bonds and the Series 2008A Bonds, the ECIDA intends to issue the series 2015A Bonds, all pursuant to the School Act, other applicable legislation and an indenture of trust; and WHEREAS, in connection with the refunding of all or a portion Ofthe Series 2007A Bonds and the Series 2008A Bonds, the Series 2007A Ground Sublease and the Series 2008A Ground Lease will be amended by an Amended and Restated Ground Sublease (Series 2007 -8 Project) and by an Amended and Restated Ground Lease (Series 2007 -8 Project) respectively, each among the City, the School District and the ECIDA, and the Series 2015A Bonds will be secured with installment payments under an Amended and Restated Installment Sale Agreement (Series 2007 -8 Project) (the "Amended and Restated 2007A and 2008A Installment Sale Agreement ") between the ECIDA and the School District; WHEREAS, the School District's obligation to make such installment payments under the Amended and Restated 2007A and 2008A Installment Sale Agreement to the ECIDA will be subject to annual appropriation by the State of New York (the "State ") and the School District and will be payable solely from the total amount of annual aid to education paid by the State to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the education purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City of Buffalo hereby determines and makes appropriate legislative findings that the Project and the refinancing thereof by the ECIDA through the issuance of the Series 2015A Bonds are beneficial for the residents of the City and will promote educational opportunities to the residents of the City. Section 2. In furtherance of the Project, and for the purposes of furthering the refunding of the Series 2007A Bonds and the Series 2008A Bonds, the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project), forms of which are attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same are, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project) in the name of the City; the execution and delivery of the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project) shall be conclusive evidence of the due authorization and approval of by the Common Council of the City of Buffalo of the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project). Section 3. In order to facilitate the payment by the School District of installment payments under the Amended and Restated 2007A and 2008A Installment Sale Agreement and the marketing and sale of the Series 2015A Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank "). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be distributed from such fund from time to time to pay installment payments due under the Amended and Restated 2007A and 2008A Installment Sale Agreement. Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSCB, are hereby authorized to proceed with the refunding of the Series 2007A Bonds and the Series 2008A Bonds, in whole or in part, and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and ether documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out the intent of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken or to be taken to effectuate the refunding of the Series 2007A Bonds and the Series 2008A Bonds, in whole or in part, by the JSCB are hereby authorized and /or ratified. Section 5. No stipulation, obligation or agreement contained in this resolution, the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project), or any other documents executed by the City pursuant to the Amended and Restated Ground Sublease (Series 2007 -8 Project) and Amended and Restated Ground Lease (Series 2007 -8 Project), or ally agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to ally personal liability or accountability by reason thereof. Section 6. This resolution shall take effect immediately upon approval of the Mayor of the City. PASSED AYES 9. NOES 0 NO. 992 BY: MR. FONTANA TRANSFER OF FUNDS - FIREHOUSE CONCEPTUAL DESIGN 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: 30000106 - 445100 Capital Projects Planning $395,094 To: 30363206- 445500 Firehouse Conceptual Design $395,094 PASSED AYES 9, NOES 0 NO. 993 SPONSOR: COUNCILMEMHER FONTANA HOME RULE REQUEST TO PASS ASSEMBLY BILL A.5975, "AN ACT TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO" Whereas: There is now pending in the New York State Legislature, legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale, and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED: That the City Clerk send a Home Rule Request to the New York State Legislature as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Assembly Bill A. 5975 entitled, "An Act to amend the Local Finance Law, in relation to the sale of bonds and notes of the City of Buffalo." It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Local Government does not have the power to enact such legislation by local law. EXPLANATION The bill extends the authority of the City of Buffalo to sell its bonds and notes by private sale. AND BE IT FURTHER RESOLVED: That the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly, the New York State Senate, and the local delegation of the New York State Legislature. ADOPTED NO. 994 SPONSOR: COUNCILMEMBER FONTANA HOME RULE REQUEST TO PASS SENATE BILL S.4384, "AN ACT TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO" WHEREAS: There is now pending in the New York State Legislature, legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale, and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED: That the City Clerk send a Home Rule Request to the New York State Legislature as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Senate Bill S. 4384 entitled, "An Act to amend the Local Finance Law, in relation to the sale of bonds and notes of the City of Buffalo." It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Local Government does not have the power to enact such legislation by local law. EXPLANATION The bill extends the authority of the City of Buffalo to sell its bonds and notes by private sale. AND BE IT FURTHER RESOLVED: That the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation of the New York State Legislature. ADOPTED NO. 995 SPONSOR: COUNCILMEMBER FONTANA HOME RULE REQUEST TO PASS SENATE BILL S. 4229, "AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO AUTHORIZING THE CITY OF BUFFALO TO TREAT UNPAID BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE FINES AS DELINQUENT TAXES AND IMPOSE TAX LIENS UPON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE FINES" WHEREAS: There is now pending in the New York State Legislature, legislation that would authorize the City of Buffalo to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose liens upon the real property which is the subject of the fines, and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED, that the City Clerk send a Home Rule Request to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Senate Bill No. S.4229, entitled "AN ACT to amend the real property tax law, in relation to authorizing the City of Buffalo to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows the City of Buffalo to enact a local law to treat unpaid code enforcement tines in the same manner as delinquent taxes. The legislation applies only to non -owner occupied properties and includes notice and appeal provisions. AND BE IT FURTHER RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation of the New York State Legislature. ADOPTED NO. 996 SPONSOR: COUNCILMEMBER FONTANA HOME RULE REQUEST TO PASS SENATE BILL S. 741, "AN ACT RELATING TO FINAL JUDGMENT IN FORECLOSURES BY IN REM PROCEEDINGS IN THE CITY OF BUFFALO" WHEREAS: There is now pending in the New York State Legislature, legislation that would authorize the City of Buffalo to direct surplus funds resulting from a tax lien foreclosure sale in the City of Buffalo, providing that a judgment may be entered, upon the request of the taxing district, without such district taking title to the property; and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED, that the City Clerk send a Home Rule Request to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Senate Bill No. S.741, entitled "AN ACT relating to final judgment in foreclosures by in rein proceedings in the City of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows the City of Buffalo to retain surplus funds received from properties sold at local tax foreclosure that are in excess of the amount of the municipality's tax lien. These monies will be directed to the City's Urban Renewal Agency, which is responsible for administering weatherization and home repair programs as well as community development projects. AND BE IT FURTHER RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation of the New York State Legislature. ADOPTED NO. 997 SPONSOR: COUNCILMEMBER FONTANA HOME RULE REQUEST TO PASS ASSEMBLY BILL A. 6528, "AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO AUTHORIZING THE CITY OF BUFFALO TO TREAT UNPAID BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE FINES AS DELINQUENT TAXES AND IMPOSE TAX LIENS UPON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE FINES" WHEREAS: There is now pending in the New York State Legislature, legislation that would authorize the City of Buffalo to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose liens upon the real property which is the subject of the fines, and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED, that the City Clerk send a Home Rule Request to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Assembly Bill No. A.6528, entitled "AN ACT to amend the real property tax law, in relation to authorizing the City of Buffalo to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows the City of Buffalo to enact a local law to treat unpaid code enforcement fines in the same manner as delinquent taxes. The legislation applies only to non -owner occupied properties and includes notice and appeal provisions. AND BE IT FURTHER RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly, the New York State Senate, and the local delegation of the New York State Legislature. ADOPTED NO. 998 SPONSOR: COUNCILMEMBER FONTANA HOME RULE REQUEST TO PASS ASSEMBLY BILL A. 474, "AN ACT RELATING TO FINAL JUDGMENT IN FORECLOSURES BY IN REM PROCEEDINGS IN THE CITY OF BUFFALO" WHEREAS: There is now pending in the New York State Legislature, legislation that would authorize the City of Buffalo to direct surplus funds resulting from a tax lien foreclosure sale in the City of Buffalo, providing that a judgment may be entered, upon the request of the taxing district, without such district taking title to the property; and WHEREAS: It is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED, that the City Clerk send a Home Rule Request to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Assembly Bill No. A.474, entitled "AN ACT relating to final judgment in foreclosures by in rein proceedings in the City of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows the City of Buffalo to retain surplus funds received from properties sold at local tax foreclosure that are in excess of the amount of the municipality's tax lien. These monies will be directed to the City's Urban Renewal Agency, which is responsible for administering weatherization and home repair programs as well as community development projects. AND BE IT FURTHER RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly, the New York State Senate, and the local delegation of the New York State Legislature. ADOPTED NO. 999 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 12, 2015 COUNCILMEMBER DAVID A. FRANCZYK AND COUNCIL PRESIDENT DARIUS G. PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: THE 58 ANNUAL ALLENTOWN ART FESTIVAL Whereas, The Allentown Village Society, Inc. has requested permission to conduct the 58 Allentown Art Festival on the weekend of June 13 and June 14 2015; and Whereas, The Allentown Art Festival is a cultural event that supports and celebrates the work of local artists and craftsmen; and Whereas, The Allentown Village Society works to promote public awareness of the fine arts and celebrates the historic character of the Allentown neighborhood; and Whereas, The Art Festival attracts thousands of people to the City of Buffalo in celebration of the arts and of Allentown's vibrant and diverse local economy; and Whereas, The Special Events Advisory Committee, established pursuant to chapter 414 of the City Charter, will meet to consider the application of the Allentown Village Society to hold the 58 Annual Allentown Village Art Festival; Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Hereby grants to the Allentown Village Society, Inc. permission to conduct the 58 Annual Allentown Art Festival subject to the terms and conditions contained herein, and subject to any additional terms established by the Special Events Advisory Committee; and Be It Further Resolved that- - 2) The event shall take place Saturday, June 13 from 10:00am until 7:OOpm and Sunday, June 14 from 10:00am until 6:OOpm; and 3) The Public Roadways in the Event area will be closed to traffic for the entirety of the event; and 4) The event area shall exist within the bounds of Summer Street to the north, Elmwood Avenue /South Elmwood Avenue on the west, Tracy Street extended easterly) on the south, and Main Street on the east; and 5) Participants shall abide by the following terms and conditions: a. Art and Craft exhibitors shall be permitted at the following locations only: Delaware between North and Tupper (east and west sides); Franklin Street between Allen and Virginia (one side only); Alien Street from Elmwood to Franklin (one side only); Virginia Street between Delaware and Franklin (one side only); and Edward Street between Elmwood and Delaware (south side only). b. Only art and craft exhibitors that have been approved by the Allentown Village Society's application and selection process will be permitted to participate in the aforementioned event area; and c. The number of art and craft exhibitors shall not exceeded 465. Exhibitors engaged in the exhibition or sale of so called 'pseudo art' and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in the total. d. Only food concessionaries and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the aforementioned event area. Approved vendors shall be located in the area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police and the Commissioner of Fire or their designees. Food Concessionaries and vendors will not be permitted to operate outside of the event area. e. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival merchandise in the event area. The Allentown Village Society shall locate such vendors in accordance with the recommendation of the Commissioner of Police and the Commissioner of Fire or their designees. f. Not Withstanding the aforementioned terms and conditions; participants, concessionaries, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with §413 -59 of the City Charter; and Be It Finally Resolved that- - 6) Radio and television broadcasts from remote and mobile broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the deaccession of the Allentown Village Society, Inc. No such broadcasts or telecasts shall be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society, Inc. Promotional activities other than those permitted by the Allentown Village Society, Inc. are strictly prohibited. 7) The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating that each is an authorized event participant. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets, out -of- doors, or on private property, including but not limited to, exhibitors, concessionaries, vendors, performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. All Temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall be excluded from the event area. 8) In celebration of the 58 Anniversary of the Allentown Art Festival, Permission is hereby granted for Allentown Village Society, Inc. to erect vertical banners on city light poles along Delaware Avenue between North Street and Tupper Street. The Banners must comply with conditions set forth by the Department of Public Works, Parks, and Streets. PASSED AYES 9. NOES 0 NO. 1000 BY: MR. FRANCZYK AND MR. FONTANA WAIVE SPECIAL EVENT AND TENT PERMIT FEES FOR "CITYWIDE SPEAK OUT RALLY IN THE PARK AGAINST YOUTH INCARCERATION" Whereas: Youth United of Buffalo along with partners Teens in Progress and Keeping The Peace, will sponsor an event on May 23 for the National Action Network. They will host the "Citywide Speak Out Rally In The Park Against Youth Incarceration "; and Whereas: This event is meant to bring the community together and support reform programs that can help prevent our youth from being incarcerated. Various organizations and keynote speakers will be available for the youth to help mentor them into more successful lifestyles; and Whereas: This event will take place on May 23 from 12 -6pm at Houghton Park, located at 2 Spann Street in Buffalo NY. Now, Therefore Be It Resolved: That the Common Council hereby requests that the Special Event and Tent Permit fee be waived for the May 23, 2015 "Citywide Speak Out Rally In The Park Against Youth Incarceration "; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events, Fire Prevention and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1001 BY: COUNCILMEMBER JOSEPH GOLOMBEK, JR. DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: (ITEM 14 -2370 CORN NOV 25) "FOOD STORE(NEW) 791 TONAWANDA(NORTH)(EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 14 -2370 C.C.P. November 25, 2015 791 Tonawanda(North)(EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES 9, NOES 0 NO. 1002 BY: MR. GOLOMBEK DATE: MAY 12, 2015 APPOINT MEMBER BICYCLE PEDESTRIAN ADVISORY BOARD Whereas: The Bicycle Pedestrian Advisory Board was created to help the City of Buffalo find cooperative solutions for various problems experienced by cyclists, pedestrians and persons with disabilities; and Whereas: Mary Ellen Gibbons is knowledgeable regarding issues of safety for pedestrians, cyclists and persons with disabilities; and Whereas: Mary Ellen Gibbons is a city resident who resides at 2459 Niagara Street, Buffalo NY 14207, is an active pedestrian and would be an asset to the Bicycle Pedestrian Advisory Board; Now, Therefore Be It Resolved: That the Common Council hereby appoints Mary Ellen Gibbons to a vacant position on the Bicycle Pedestrian Advisory Board; and Be It Further Resolved: That the copies of this resolution be Sent to the City Clerk, the Bicycle Pedestrian Advisory Board and the Wellness Center of the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1003 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 12, 2015 COUNCILMEMBER JOSEPH GOLOMBEK, JR. AND MAJORITY LEADER DEMONE A. SMITH SUBMITTED THE FOLLOWING RESOLUTION: EMPOWERING THE COMMISSION ON CITIZENS' RIGHTS Whereas: There is a need for the general public to be represented by an entity that coordinates, monitors, and resolves citizen grievances by advising city government and officials on the human rights challenges facing our community; and Whereas: Pursuant to §18 -20 of the City charter, The Commission on Citizens' Rights & Community Relations of the City of Buffalo is currently charged with the responsibility of eliminating prejudice, intolerance, bigotry and discrimination and with encouraging equality of treatment and preventing discrimination against persons based on race, ethnic background, cultural background, language, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age; and with assuring respect for the civil liberties of all citizens; and Whereas: The Citizen Rights Commission currently lacks the power and resources needed to effectively advocate for the public in a meaningful way; and Whereas: The Commission of Citizens' Rights must work directly with the Mayor, the Common Council, the Police Oversight Committee, the Office of Immigrant Services and all other municipal entities to effectively advocate for the public; and Whereas: The Commission on Citizens' Rights will continue to strive to eliminate discrimination, prejudice, intolerance, and bigotry in public policy and to assure that the liberties of all Buffalo residents are protected and that every citizen is equally represented in government and governmental policies. Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Recognizes and supports the mission of the Commission on Citizens' Rights; and 2) Seeks to ensure that citizens' rights are protected in accordance with the City Charter, Chapter 154, Article III: Antidiscrimination Law; and 3) Is hereby charging the Commission on Citizens' Rights with the duty of advising City of Buffalo elected officials and city departments on the human rights issues facing our citizens; and 4) The Commission on Citizens' Rights shall be fully funded and staffed according to the City Charter; and 5) The Commission on Citizens' Rights & Community Relations will address the Buffalo Common Council on the first Council meeting of every month regarding the state of public advocacy affairs; and 6) The Commission on Citizens' Rights shall have the authority to recommend to the Division of Permits & Inspections that any permits or licenses that have been issued by the City of Buffalo be revoked if after investigation an entity is found to be discriminatory; and 7) The Commission on Citizens' Rights shall have the authority to recommend to any city department that city payments be withheld or contracts be revoked if after investigation an entity is found to be discriminatory; and 8) The Law Department shall advise The Common Council on the appropriate and necessary amendments to the City Charter; and 9) The City Clerk shall forward copies of this resolution to the Office of Administration, Finance, policy and Urban Affairs, Commission on Citizens' Rights & Community Relations, Corporation Counsel, Mayor Byron Brown, The Office of Permits & Inspections, and the Office of Strategic Planning for their review. REFERRED TO THE COMMITTEE LEGISLATION NO. 1004 SPONSOR: COUNCIL MEMBER MICHAEL J. LOCURTO PERMISSION TO HANG LIGHTS ON HERTEL AVE DATE: MAY 4TH, 2015 Whereas: Banners, flags and lights are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Italian Heritage Festival is the second largest Italian Festival in the nation, and Whereas: The Hertel -North Buffalo Business Association is requesting permission to hang lights for the festival, specifically located on Hertel Avenue between Virgil and Crestwood Avenues, where they will be hung beginning on the beginning on May 24th, 2015 through August 30 , 2015; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of lights that include the necessary information to fully comply with the requirements established. The Hertel -North Buffalo Business Association has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested lights. Now, Therefore, Be It Resolved: That the requested lights meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Hertel -North Buffalo Business Association to hang lights located on Hertel Avenue between Virgil and Crestwood from May24th, 2015 through August 30 2015, and that copies of this resolution be forwarded to the Department of Public Works. PASSED AYES 9, NOES 0 NO. 1005 SPONSOR: COUNCIL MEMBERS MICHAEL J. LOCURTO AND DAVID A. FRANCZYK PERMISSION TO HANG PRIDE FLAGS ON PORTIONS OF ELMWOOD AVENUE AND ALLEN ST DATE: MAY 5, 2015 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not - for - profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and Whereas: Each year Western New York mad the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities, and this celebration is marked by the installation of traditional rainbow pride flags along Elmwood Avenue and Allen St; and Whereas: PCWNY is requesting permission to hang flags specifically located on Elmwood Avenue between Forest Ave mad West Chippewa and also on Allen Street between Delaware Avenue and Main St from May 12 2015 to June 20 2015; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of flags that include the necessary information to fully comply with the requirements established. PCWNY has received a copy of these conditions provided by the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested flags. Now, Therefore, Be It Resolved: That the requested banners, flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof, and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of WNY to hang flags located on portions of Elmwood Avenue and Allen St in Buffalo and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the flags in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1006 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR INDEPENDENT HEALTH'S KIDS RUN IN DELAWARE PARK Whereas, The Independent Health Foundation will be holding its annual Kids Run in Delaware Park on Saturday June 6 th 2015 from 9am- 11:30am; and Whereas, The Kids Run is a fun and free family event that provides the opportunity for the community to come together to be active and celebrate healthy living in an effort to help reduce obesity in the children and families of Western New York; and Whereas, The Independent Health Foundation is a 501(c)(3) not - for - profit that raises all the funds to implement this community -wide event, and hopes to use this money to make the race special for the children by giving them medals and trophies that will remind them of their accomplishment and commitment; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Kids Run on Saturday June 6 2025; and 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, PASSED AYES 9. NOES 0 NO. 1007 SPONSOR: CMLOCURTO WAIVE SPECIAL EVENT APPLICATION FEE FOR NORTH BUFFALO FARMER'S MARKET Whereas, The North Buffalo Farmer's Market will be held on Hertel Avenue on Thursdays beginning June 4 h through October 9 , 2015; and, Whereas, the Farmer's Market makes local, fresh, and affordable produce accessible for more people in the community, especially seniors, young people, and those who don't have cars. Now, Therefore, Be it Resolved: That the City of Buffalo hereby waives the Special Event Application Fee for the North Buffalo Farmer's Market. Be it Further Resolved: That a copy of this resolution be sent to the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1008 BY: MR. PRIDGEN ORDINANCE AMENDMENT CHAPTER 372. BOUNCERS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §372 -3 of the Code of the City of Buffalo be amended to read as follows: § 372 -3. Application and requirements for bouncer registration card. Application for a bouncer registration card shall be made to the Commissioner of Permit and Inspection Services [City Clerk] by the individual, in writing, duly sworn to, upon forms to be furnished by the Commissioner of Permit and Inspection Services [City Clerk], and shall show the individual's name, address, telephone number, the business name(s) and addresses where the individual provides his or her services and any other information as may be reasonably required by the Commissioner of Permit and Inspection Services [City Clerk]. The applicant shall be responsible for keeping all information provided on said forms both accurate and current and updating this information as may be necessary and practical. §2. That §372 -4 of the Code of the City of Buffalo be amended to read as follows: § 372 -4. Background investigation. All applications for bouncer registrations shall be referred by the Commissioner of Permit and Inspection Services [City Clerk] to the Commissioner of Police, who shall promptly cause an investigation to be made into the criminal background and moral character of the applicant. The Commissioner of Police shall investigate and report such findings and make a recommendation to the Commissioner of Permit and Inspection Services [City Clerk] as to whether or not approval and issuance of the bouncer registration card is recommended. If approval is not recommended, such report shall state the reasons therefor. §3. That §372 -5 of the Code of the City of Buffalo be amended to read as follows: §372 -5 Issuance or denial of registration card. A. Upon receipt of a completed application and all necessary approvals, the Commissioner of Permit and Inspection Services [City Clerk] shall issue to each applicant a bouncer registration card and a bouncer identification badge showing a picture of the individual and the number assigned to such individual. The bouncer identification badge shall be conspicuously displayed and worn by such individual at all times when on duty. Such badge shall remain property of the City of Buffalo and shall be surrendered upon the expiration, suspension and /or revocation of the individual's resignation. B. In the event that the Commissioner of Permit and Inspection Services [City Clerk] denies the issuance of a bouncer registration card, such denial shall be in writing and shall be provided to the applicant. No applicant shall be denied a registration card based on the background investigation unless there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or the issuance of the license or the granting of employment would involve an unreasonable risk to property or the safety or welfare of specific individuals or the general public (New York Correction Law §752), and the Commissioner of Permit and Inspection Services [City Clerk] shall take into consideration the factors set forth in New York Correction Law §753. §4. That §372 -6 of the Code of the City of Buffalo be amended to read as follows: § 372 -6. Expiration, suspension and revocation of registration. A. All bouncer registrations shall expire annually on September 30 and shall be renewed on or before said expiration date. B. Any bouncer registration card issued under the chapter may be suspended, revoked, or renewal thereof refused by the Commissioner of Permit and Inspection Services [City Clerk], but only after sufficient notice to the holder of the bouncer registration card and a hearing before the Commissioner of Permit and Inspection Services [City Clerk] or his designee. The Commissioner of Permit and Inspection Services [City Clerk] may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three years, to administer hearings held pursuant to this chapter. Said Administrative Law Judge shall recommend to the Commissioner of Permit and Inspection Services [City Clerk] whether a bouncer registration card issued under the chapter should be revoked, suspended, or renewal thereof refused, after notice and hearing. The holder shall be entitled to present evidence at this hearing as to why the bouncer registration card should not be suspended, revoked, or renewal thereof refused. C. In determining whether a bouncer registration card should be suspended, revoked, or renewal thereof refused, the Commissioner of Permit and Inspection Services [City Clerk] may consider all relevant facts and circumstances, including, but not limited to, complaints received regarding the bouncer, criminal incidents involving the bouncer, including police incident reports, arrest information and criminal convictions and dispositions, violations of City ordinances, including but not limited to failing to display the identification badge while on duty, and other conduct which threatens the public health, safety, and welfare. D. Any individual whose registration card has been revoked, suspended, or renewal thereof refused may commence a proceeding in accordance with Article 78 of the Civil Practice Laws and Rules. §5. That §372 -7 of the Code of the City of Buffalo be amended to read as follows: § 372 -7. Penalties for offenses. A. Any bouncer who fails to obtain a valid bouncer registration card and /or display a valid bouncer identification card in violation of this chapter may be fined and /or imprisoned in accordance with Buffalo Charter § 1 -15, and Chapter 137 of the City Code, and said penalties shall be administered pursuant to same. Each day that a violation of this chapter exists shall constitute a new and separate offense. B. Any establishment found to employ individuals in violation of this chapter shall be subject to fines and penalties as so designated in Chapter 137 of the City Code. Additionally, the Department of Permit and Inspection Services may conduct a hearing and review process in accordance with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing. [The City Clerk may notify the Department of Economic Development and Permit and Inspection Services of the alleged violation, which may conduct its own hearing and review process in accordance with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing]. C. In instances where an establishment has been found to employ bouncers in violation of this chapter on three or more occasions, the Department of Permit and Inspection Services shall conduct a heating and review process in accordance with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing. [the City Clerk shall notify the Department of Economic Development and Permit and Inspection Services of the alleged violation, which shall conduct its own hearing and review process in accordance with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing]. §6. That §372 -8 of the Code of the City of Buffalo be amended to read as follows: § 372 -8. Exemptions. Any individual possessing a valid registration card authorized by the Department of State issued under the Security Guard Act of 1992 may provide said valid registration card to the Commissioner of Permit and Inspection Services [City Clerk] and be exempted from the aforementioned application process and entitled to a nonchargeable bouncer registration card. §7. That this Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. Underlined material is new. Material in brackets [] is repealed. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL REFERRED TO THE COMMITEE ON LEGISLATION NO. 1009 BY: COUNCILMEMBER RIVERA WAIVER OF FIELD FEE FOR BIREC WORLD REFUGEE DAY SOCCER TOURNAMENT Whereas, The Buffalo Immigrant and Refugee Empowerment Coalition ( "BIREC ") is a non - profit organization comprised of leaders from the myriad of ethnic groups represented in Buffalo; and Whereas, BIREC's goal is to empower refugees and immigrants and improve their quality of life and that of the surrounding community; and Whereas, in furtherance of this goal and in celebration of World Refugee Day, BIREC will be holding a soccer tournament at LaSalle Park on Saturday, June 20, 2015; and Whereas, the tournament will feature teams representing various ethnicities and organizations from throughout out the City and feature the incredible diversity we have in Buffalo. Now, Therefore, Be It Resolved, the Common Council request Public Works, Parks & Streets Department waive the Special Events /Parks fee related to the use of the fields at LaSalle Park; and Be It Further Resolved, the City Clerk is directed to send a certified copy of this resolution to the Public Works, Parks & Streets Department and Special Events. PASSED AYES 9, NOES 0 NO. 1010 SPONSOR: CHRISTOPHER P. SCANLON MAY 6, 2016 WAIVE EVENT FEES FOR OUR LADY OF CHARITY FEAST OF THE ASSUMPTION MASS AND ICE CREAM SOCIAL AT HEACOCK PARK WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The annual Our Lady of Charity Feast of the Assumption Mass and lee Cream Social will take place on Saturday, August 15, 2014 from 6:OOpm - 9:OOprn at Heacoek Park between Abbott Road, McKinley Parkway, and Southside Parkway; and WHEREAS, The mass is an annual event open to all members of the community. The ice cream social following mass provides neighbors with the opportunity to socialize and strengthen relationships throughout the community; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, the Department of Public Works and Olmsted Park Conservancy waive all fees applicable for the Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments of Public Works and Special Events. PASSED AYES 9, NOES 0 NO. 1011 SPONSOR: CHRISTOPHER P. SCANLON MAY 6, 2016 WAIVE EVENT FEES FOR THE SOUTH BUFFALO SCHOOL OF MUSIC SUMMER ROCK CAMP CONCERT 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 School of Music Summer Rock Camp Concert will be held on the steps of the Cazenovia Park Casino on Friday, August 14, 2015 from 4:30pm until 8:OOpm; and WHEREAS, Students of the South Buffalo School of Music will participate in a week -long summer rock camp during which they will learn the music of the "Leading Ladies of Rock." This event will be the culminating activity of their music workshop; and WHEREAS, The South Buffalo School of Music provides residents with a great opportunity to showcase the work of their students in a family - oriented environment; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, the Department of Public Works and the Olmsted Park Conservancy waive all fees applicable to the South Buffalo School of Music Summer Rock Camp Concert; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES 9, NOES 0 NO. 1012 SPONSORS: CHRISTOPHER P. SCANLON REQUIRE THE BUFFALO FIRE DEPARTMENT TO IMMEDIATELY RETROFIT ANY AND ALL OUTDATED FIRE HOUSES TO INCLUDE PROPER FACILITIES FOR FEMALE FIREFIGHTERS WHEREAS, The City of Buffalo's Fire Department currently has approximately 23 female firefighters, with several more expected to be hired in the upcoming recruit classes; and WHEREAS, Despite the fact that the Buffalo Fire Department has had female firefighters among their ranks for decades, only six (6) out of 20 firehouses are equipped with female showers and locker rooms; and WHEREAS, When female firefighters are assigned to one of the 14 unequipped fire houses, they are often times provided with inadequate, makeshift facilities; and WHEREAS, When a female officer is assigned to a "double house," she and the male officer(s) are forced to share quarters as there are no separate female quarters; and WHEREAS, Fire houses lacking proper facilities for female firefighters is at the very least inappropriate, but it also shows a complete lack of respect and appreciation for these brave women who risk their lives protecting our residents; and WHEREAS, The Buffalo Common Council prides itself on being a champion for women, but we cannot demand that businesses treat female employees fairly and equally if we do not hold our own departments to the same standards; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council respectfully requests the Buffalo Fire Department to swiftly provide the Council with their plans for immediately retrofitting any and all outdated fire houses to include proper facilities (showers, locker rooms and bathrooms) for female firefighters; and BE IT FURTHER RESOLVED, That the City Clerk forwards copies of this resolution to Commissioner Garnell W. Whitfield, Jr. of the Buffalo Fire Department and the Department of Public Works. REFERRED TO THE COMMITTEE ON FINANCE NO. 1013 APPOINTMENT MARRIAGE OFFICER(SCHROEDER) Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer for a period expiring December 1, 2015. Mark J. F. Schroeder ADOPTED NO. 1014 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. Milly Castro Elias Cobti Carly Daniel Helen Gonzalez Darien J. Pratchett Juan A. Rodriguez Kelly Sullivan Asiya Taher Susan Wilkie ADOPTED I- y":7A-11:144110 PESATITY1 AaI NO. 1016 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Alana Barricks Matthew R. Braun Steven M. Casey Daniel J. Franasiak Ronald G. Giza Paul Henderson Timothy R. Hogues John E. Kennedy Jr. Kristy L. Mazurek Joseph P. McMahon Jr. Rebecca Offermann Alexis Victoria Ogra Gary D. Parenti Elizabeth Terranova Furnette J. Williams ADOPTED NO. 1016 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, May 19, 2015 at 9:45 o'clock A.M. Tuesday, May 19, 2015 at 10:00 o'clock A.M. Tuesday, May 19, 2015 at 1:00 o'clock P.M. Tuesday, May 19, 2015 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time 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. On a motion by Mr. Smith, Seconded by Mr GERALD A. CHWALINSKI CITY CLERK May 12, 2015 NO. 1017 ADJOURNMENT Rivera, the Council adjourned at 2:45 pm