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HomeMy WebLinkAbout15-0707NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 7, 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 - 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, Rasheed N.C. Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek Jr., David A. Rivera - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera - Members SPECIAL COMMITTEES BUDGET COMMITTEE: , Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: , Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, 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.- Members INVOCATION PLEDGE TO FLAG DATE JULY 7, 2015 "FINAL" CORRECTED # 1391 MAYOR Herbert) CS 1338- 1. Appoint Confidential Aide(Jenkins- Nixon) R &F MAYOR - EXECUTIVE 24. Appoint Detective Sergeant(Temp)(Flat)(Sanford) 1339- 2. Pres Bd- Application for Landmark Status: Wende House, 25. Appoint Police Captain(Cont Perm) (Flat)(Rosenswie III) CS 2256 Bailey(Fill)(To set pub hrg) LEG 1340- 3. Strat Plan- Appoint Real Estate Specialist (Prov)(Intern)(Carroll) CS 1341- 4. Traff Vio- Appoint Traffic Agency Clerk(Perm)(Sedore) CS 1342- 5. Traff Vio- Appoint Traffic Agency Representative(Perm)(Lesniak) CS 1343- 6. Traff Vio- Appoint Super Traffic Agency Representative I(Perm)(McAleer) CS COMPTROLLER 29. Food Store (New) 1305 Broadway (Fill) 1344- 7. Audit of Payroll Procedures of Timekeepers R &F 1345- 8. Certificate of Necessity- Broadway Market Kitchen Design R &F 1346- 9. Interfund Loan - Police HQ /A District Renovations APP COUNCIL PRESIDENT 33. Used Car Dealer 1193 Jefferson(Ell) 1347- 10. Appointment- Majority Leader ADOPT 1348- 11. Appointment- President Pro Tempore ADOPT PUBLIC WORKS COMMUNITY SERVICES 1349- 12. Notification Serial #10849- 10865(waive 45 days) R &F 1350- 12A. Abandonment and Land Swap with EC of a Portion of Bailey Avenue ROW 1377- And Portion of 150 Bailey Ave For Interests in a Portion of County Owned FIN CITY CLERK 152 Bailey for Bailey Avenue Bridges LEG 1351- 13. Permission to Enter Agmt with National Grid -Bflo Downtown Public WiFi Sys APP 1352- 14. Permission to Hire Consultant City Court New Courtroom and Elevator Upgrade APP 1353- 15. Permission to Increase Construction Contract Pipes on Various Bridges- Concrete 1381- 41. Notices of Appointments - Council Interns Applied Technologies Corp APP 1354- 15A. Report of Bids Bern Metals and Unity Island Landfill Improvements APP 1355- 15B. Report of Bids Lincoln Pkwy Island Curb Replacement APP 1356- 16. Report of Bids Niagara St Improv Phase 2- Virginia St to Porter APP 1357- 17. Appoint Assistant Wtr Distribution Super(Perm)(Inter)(McManus) CS 1358- 18. Appoint Chief Pumping Plant Engineer(Prov)(Max)(Kumro) CS 1359- 19. Appoint Filtration Plant Maint. Supervisor I(Temp)(Inter)(Gurbacki) CS POLICE Bailey Business District(hrg 07 /14)(Univ) LEG,CPBD 1360- 20. Drug Asset Forfeiture Wire Transfers R &F 1361- 21. Permission to Accept 2015 Gun Involved Violence Elimination Grant APP 1362- 22. Appoint Detective(Perm)(Flat)(Harris, Sanchez, Zanghi, Heitzhaus, Neureuther, 1387- 47. O. Abdellatif, Agent, Use 2266 Niagara to Alter Use of an Auto Body & Tire Herbert) CS 1363- 23. Appoint Detective(Temp)(Flat)(Smith) CS 1364- 24. Appoint Detective Sergeant(Temp)(Flat)(Sanford) CS 1365- 25. Appoint Police Captain(Cont Perm) (Flat)(Rosenswie III) CS 1366- 26. Appoint Police Lieutenant (Perm)(Flat)(Maraschiello, Walker, Zipp, Williams, Labby) CS 1367- 27. Appoint Police Lieutenant(Cont Perm) (Flat)(Garris, Banaszak) CS PERMITS AND INSPECTIONS 1368- 28. Food Store (New) 195 1W St (aka 397 Connecticut)(Nia) APP W /COND 1369- 29. Food Store (New) 1305 Broadway (Fill) APP W /COND 1370- 30. Food Store (New) 2330 Seneca (South) LEG 1371- 31. Lodging House License 75 Main St(aka 95 Main)(Fill) LEG 1372- 32. Second Hand Dealer 3215 Bailey (aka 3221)(Univ) LEG 1373- 33. Used Car Dealer 1193 Jefferson(Ell) LEG 1374- 34. Used Car Dealer 98 Wasmuth(Fill) LEG 1375- 35. Appoint Building Inspector(Perm) (5 Step)(Grundy) CS COMMUNITY SERVICES 1376- 36. Appoint Director of Workforce Employment & Training(Exempt)(Smith) CS HUMAN RESOURCES 1377- 37. Contract Extension Be Well Case Management for IOD Police and Fire FIN CITY CLERK 1378- 38. Liquor License Applications R &F 1379- 39. Leaves of Absence R &F 1380- 40. Appoint Legislative Assistant(Garland) ADOPT 1381- 41. Notices of Appointments - Council Interns ADOPT 1382- 42. Notices of Appointment - Seasonal R &F 1383- 43. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 1384- 44. NYS Dept Public Serv- Matter of a Study on the State of Telecommunications In New York State LEG,TELE PETITIONS 1385- 45. J. Bush, Owner, Use 3076 Bailey to Re- Establish a Tavern in the Kensington - Bailey Business District(hrg 07 /14)(Univ) LEG,CPBD 1386- 46. K. Kinan, Agent, Use 478 Elmwood aka 474 Elmwood to Expand Existing Corner Tenant Space in a Strip Mall for a Restaurant(hrg 07 /14)(Nia) LEG,CPBD 1387- 47. O. Abdellatif, Agent, Use 2266 Niagara to Alter Use of an Auto Body & Tire SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS Shop to Used Auto Sales & Repairs in the Niagara River Coastal Special CIVIL SERVICE Review District(hrg 07 /14)(North) LEG,CPBD 1388- 48. J. Lenahan, Agent, Use 643 Grant and 39 Additional Lots to Erect a Two Story June 23 Notices of Appointments- Temp /Prov /Perm(Cty Clk) Non Combustible and Frame Mixed Use Commercial and Student Housing FINANCE Apartment Bldgs(hrg 07 /14)(North LEG,CPBD,ZONING 1389- 49. M. Massimi, Owner, Use 860 Niagara for a New Owner of a Second Hand 2.15 -1230 Com June 23 Store(hrg 07 /14)(Nia) LEG,CPBD 1390- 50. B. Ruffino, Agent, Use 2165 Delaware - Install Ground and Wall Sign to a New June 9 Update on Parking Fees -Erie Basin Marina Restaurant(no hrg)(Del) LEG,CPBD 1391- 50A. J. Lane & O- Petition to Stop the 12:00 Horn LEG RESOLUTIONS 4.15 -1022 Com May 26 1406- 51. Fontana Delegating to the Comptroller of COB Authority to Invest LEGISLATION General Funds of the COB into a Tax Anticipation Note 1396- Issued by Wyandanch Union Free School District APP 1407- 51 A. Fontana Set Public Hearing for Abandonment and Swap Results of 1397- 6.15 -1249 Com Negotiations for a Portion of Bailey Ave ROW and Portion Mobile Food Truck 160 Shetland Dr -O.G. Wood Fire(EDPI) APP of the Property at 150 Bailey for Interests in a Portion of 7. 15 -1252 Com June 23 Erie County Owned 152 Bailey Ave Parkland ADOPT 1408- 51 B. Fontana Approval of The Abandonment and Parcel Swap and Results of June 23 E. Daly, Agent, Use 1553 Hertel to Create Outdoor Patio on the Negotiations for a Portion of the Bailey Avenue ROW for Interest in a Portion of Erie County Owned 152 Bailey Avenue City ROW(hrg 6 /30)(Del) APP /COND Parkland(Hrg 07/21) LEG 1409- 52. Fontana Transfer in Funds - Broadway Market Kitchen Design APP 1410- 52A. Franczyk Endorsement of Old 1 sc Ward Community Assoc Application In the Allen St. Special District(hrg 6 /30)(Fill) for Funding APP 1411- 53. Franczyk Waive Special Event Fee and Park Fee for 2W Annual "Sperry F. Amanti, Owner, Use 2126 Seneca St to Re- Establish a Restaurant Park Unity Day" APP 1412- 53A. LoCurto 2015 Greater Buffalo Italian Heritage and Food Festival APP 1413- 54. LoCurto, etc Waive Permit Fees for the 2015 Buffalo Infringement Festival APP 1414- 55. Pridgen Appoint Legislative Assistant Masten District(Garland) ADOPT 1415- 56. Pridgen Bethesda Comm Deve Corp Application for Funding ADOPT 1416- 57. Pridgen Bflo Place Inc. NY Main St Program Grant Application ADOPT 1417- 58. Pridgen Support the Disposition of Woodson Gardens by BMHA ADOPT 1418- 59. Pridgen Trailblazing Sign Request for James "Pappy" Martin APP 1419- 60. Pridgen Trailblazing Sign Request for Ed Parson Sr. APP 1420- 60A. Pridgen Waive Park Rental and Special Events Fees for the Peace And Nonviolence Festival APP 1421- 61. Pridgen Waive Permit Fee for the Christian Revolution Parade APP 1422- 62. Rivera Approval of Buffalo Neighborhood Stabilization Co, Inc.'s Consolidation Funding Application APP 1423- 63. Rivera Fee Waiver for PUSH's Solar Jam: Bringing Power to the People" APP 1424- 64. Scanlon Waive Event Fees for Use of Tosh Collins Comm Ctr in Order to Train Election Inspectors APP 1425- 65. Wyatt Budget and Personnel Amendment - Parking APP 1426- 65A. Wyatt Budget and Personnel Amendment - Citizen Services APP 1427- 66. Wyatt Discharge Minority Business Enterprise Committee from Consideration of the Following items: #2101 10/14, #43 4/30, #94 9/18, #40 2/7, #43 2/7, #54 10/4, #49 4/5, #101 3/22, #62 7/27, #54 11/12, #49 7/8, #46 9/21, #15 6/26, #84 12/12, #153, 4/4, #50 4/18, #7 5/2, #55 7/10 ADOPT DISCH,MWBE 1428- 67. Wyatt Explaining the Special Events Approval Process ADOPT RES,REM CD 1429- 68. Wyatt Comm of Deeds Public Duties ADOPT 1430- 69. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1392- 1. 15 -1263 Com June 23 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 1393- 2.15 -1230 Com June 23 Erie Basin Marina -2014 Season(Compt) R &F 1394- 3. 15 -1176 No June 9 Update on Parking Fees -Erie Basin Marina R &F COMMUNITY DEVELOPMENT 1395- 4.15 -1022 Com May 26 Report of Sale 305 Maryland(Fill)(Strat Plan) APP LEGISLATION 1396- 5. 15 -1247 Com June 23 Food Store(New) 2290 Fillmore(Masten)(EDPI) RECOMMIT 1397- 6.15 -1249 Com June 23 Mobile Food Truck 160 Shetland Dr -O.G. Wood Fire(EDPI) APP 1398- 7. 15 -1252 Com June 23 Used Car Dealer -1906 South Park(South)(EDPI) DENY 1399- 8.15 -1277 No June 23 E. Daly, Agent, Use 1553 Hertel to Create Outdoor Patio on the City ROW(hrg 6 /30)(Del) APP /COND 1400- 9.15 -1279 No June 23 A. Saleh, Owner, Use 23 Allen to Re -Open Existing Restaurant In the Allen St. Special District(hrg 6 /30)(Fill) APP 1401- 10. 15 -1280 No June 23 F. Amanti, Owner, Use 2126 Seneca St to Re- Establish a Restaurant in the Special District(hrg 6 /30)(South) APP 1402- 11. 15 -1281 No June 23 R. Ali, Owner, Use 1000 Elmwood for a Sidewalk Patio to the Front Side of An Existing Restaurant (hrg 6 /30)(Del) APP 1403- 12. 15 -1282 No June 23 R. Cortright, Agent, Use 456 Elmwood, For a Takeout Only Restaurant in an Existing Minimart in the Elmwood Ave Business Distr(hrg 6 /30)(Nia) RECOMMIT 1404- 13. 15 -1283 No June 23 D. Manning, Owner, Use 766 Elmwood for a Sit in Restaurant With an Outdoor Patio in the City ROW(hrg 6 /30)(Del) RECOMMIT 1405- 14.14 -1674 Res July 22 Moratorium on New E- Cigarette and Hookah Stores /Lounges(Scanlon) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JULY 7, 2015 AT 2:00 P.M. Present — Darius G. Pridgen, Council President, Christopher P. Scanlon, President Pro Tempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Wyatt — 8 Absent — 0 On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the minutes of the stated meeting held on June 23, 2015 were approved FROM THE MAYOR NO. 1338 APPOINT CONFIDENTIAL AIDE(JENKINS- NIXON) Certificate of Appointment Appointment effective July 1, 2015 in the Department of Executive Division of Mayor to the Position of Confidential Aide, Exempt, Flat Starting Salary of $45,000 Naeem J. Jenkins - Nixon, 115 Godfrey St., Buffalo 14215 RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 1339 APPLICATION FOR LANDMARK STATUS:WENDE HOUSE, 2256 BAILEY (FILL)(TO SET PUB HRG) Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Application for Landmark Status: Wende House, 2256 Bailey Avenue. The Buffalo Preservation Board recommends that the Buffalo Common Council Designate the Wende House, 2256 Bailey Avenue be designated a local landmark. The attached application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that the property offers as the City of Buffalo as well as possible threats the building may face in the future. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board at its June 25, 2015 meeting. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the Wende House meets 2 of the 9 criteria for designation as a Local Landmark: (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. The property is identified with Gottfried Wende. Wende was born in 1852 in Wende Station in the town of Alden, named for his father Herman A Wende. Gottfried Wende was admitted to the bar in 1877 after graduating from the first ever law class of Cornell University in 1876• His office was located in the Erie County Savings Bank at Shelton Square. In 1880 he was nominated to the NY Assembly and in 1912 elected to the Senate, where he served a single term. He was instrumental in the passage of the Lackawanna City Charter and also a member of the court of impeachment for Governor William Sulzer. He was friends with Grover Cleveland and became friends with Franklin Delano Roosevelt while serving in the NY Legislature. He was a popular public speaker, surveyor and German interpreter during WW I. He sponsored a bill abolishing tolls on Broadway and Genesee Streets. He was influential and beloved in his immediate community, so much so that the street located to the west of Bailey Avenue behind the Wende home was renamed Wende Street in his honor. Wende was an ardent and outspoken champion for the repeal of prohibition. He practiced law until the day he died (dictating letters from his deathbed even in his final hours) at 2256 Bailey in 1933 (aged 81 years old, just a few days before Prohibition was repealed) He is buried in Forest Lawn Cemetery. (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. The small brick home on Bailey Avenue is one of the oldest in that part of Buffalo. Located east of the beltline at the junction of Scajaquada Creek and the Delaware, Lackawanna and West Railroad, multiple owners held the property until the Wende family occupied it. The structure was built outside the original city core, so Erie County Atlases were used to track the property. Visual examination of the style and materials used leads us to an approximate build date of 1870. Its design is Italianate usually found in areas like Allentown or the West Village. It is finely detailed and built in craftsman like manner. The vast amount of homes built in the area were of wood frame construction from an era 20 -30 years later and many of those have been lost. This makes the Wende House distinctive in both its style and longevity. It is the opinion of the Preservation Board based on their expertise in Architecture and construction that the repairs and costs recommended in these reports is excessive. It is not denied that repair is required to the house, but the work needed to make it stable, safe and weather tight can be accomplished. The rush to demolish is unnecessary and ill advised. Because of the brick construction, simple design and modest size saving this house would not be extraordinarily expensive. Demolition would result in the loss of one the few houses of this style in the neighborhood and certainly one of the oldest. This application is in keeping with the Preservation Board's responsibility to nominate potential buildings that meet the criteria for designation and safeguard the city's history and heritage as embodied and reflected in its landmarks and to avoid demolition of historically or architecturally important properties. The recognition of landmark status proposed for the Wende House will provide opportunities for resources that will help preserve this important building. If you have any more questions, feel free to contact me. Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 1340 APPOINT REAL ESTATE SPECIALIST (PROV)(INTERN)(CARROLL) Certificate of Appointment Appointment effective June 29, 2015 in the Department of Mayor's Office of Strategic Planning Division of Real Estate to the Position of Real Estate Specialist Provisional Promotional Inter Starting Salary of $57,908 Bogusia Carroll, 54 Holly Street, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE OFFICE OF BUFFALO TRAFFIC VIOLATION AGENCY NO. 1341 APPOINT TRAFFIC AGENCY CLERK(PERM)(SEDORE) Certificate of Appointment Appointment effective July 1, 2015 in the Department of Executive Division of Buffalo Traffic Violations Agency to the Position of Traffic Agency Clerk Permanent Open- Competitive Maximum Starting Salary $39,460.33 Wendy S. Sedore, 9 Stoneledge Court, Williamsville 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1342 APPOINT TRAFFIC AGENCY REPRESENTATIVE(PERM)(LESNIAK) Certificate of Appointment Appointment effective July 1, 2015 in the Department of Executive Division of Buffalo Traffic Violations Agency to the Position of Traffic Agency Representative Permanent Open- Competitive Maximum Starting Salary $45,519.82 Serena Lesniak, 94 Hartwell Rd. Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1343 APPOINT SUPER TRAFFIC AGENCY REPRESENTATIVE I(PERM)(MCALEER) Certificate of Appointment Appointment effective July 1, 2015 in the Department of Executive Division of Buffalo Traffic Violations Agency to the Position of Supervising Traffic Agency Representative I Permanent Open- Competitive Maximum Starting Salary $47,789.94 Kristi A. McAleer, 32 Wilbury PI., Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO. 1344 AUDIT OF THE PAYROLL PROCEDURES OF TIMEKEEPERS Attached please find the audit report on the Payroll Procedures of Timekeepers, as well as the responses we received from the Departments of Police, Law, Administration, Finance, Policy and Urban Affairs, and the Office of the City Clerk. RECEIVED AND FILED NO. 1346 CERTIFICATE OF NECESSITY - BROADWAY MARKET KITCHEN 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 $ 47,500 be transferred and reappropriated as set forth below: From: 30000106 - 445100 General City Planning $ 47,500 To: 30322406 - 445500 Broadway Market Kitchen Design $ 47,500 RECEIVED AND FILED NO. 1346 INTERFUND LOAN - POLICE HQ/A DISTRICT RENOVATIONS Interfund Loan - Police HQ /A District Renovations 15 As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $700,000 against the 2015 Capital Improvements Budget for the Police Department Buildings. The loan of $700,000 will be repaid when Bonds are issued in fiscal year 2015 -16 From To Account Repayment Total General Fund Capital Projects - Police HQ /A District Renovations 15 33221006 April 2016 $700,000 Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue bonds for city projects during the 2015 -16 Fiscal Year. The remaining 2013, 2014 and 2015 Capital Budget Projects, which were not funded in the April 2015 Bond sale, that can be interfund loaned and included in the 2015 -2016 debt issue will be limited to $8,571,821. Currently, the City has $643,067 of interfund loans outstanding. If this current request is approved, the City will be committed to $1,343,067" in projects. Requested Approved Balance 2013 Capital Budget $ 21,801,885 Bonds /BANs Issued (21,381,885) Authorized Unissued $ 420,000 2013 Unfunded Projects $ 420,000 2014 Capital Budget $ 22,900,000 Bonds /BANs Issued (20,880,000) Authorized Unissued $ 2,020,000 Court Street Area Impr. Buildings Planning & Design S Ogden /Mineral Springs Bridge Rehab 2014 Unfunded Projects 2015 Capital Budget Comptroller's Cap Bonds /BANs Issued Authorized Unissued Buffalo Police Precincts 150,000 (150,000) 439,567 (439,567) 53,500 (53,500) $643,067 $ 1,376,933 $ 26,034,053 22,200,000 (16,068,179) $ 6,131,821 700,000 (700,000) 2015 Unfunded Projects $700,000 $ 5,431,821 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Rivera moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated July 2, 2015, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $700,000.00 against the 2015 Capital Improvements Budget for the Police Department Buildings. The loan will be repaid when Bonds are issued in Fiscal Year 2015 -16. PASSED AYES -7 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO. 1347 APPOINTMENT - MAJORITY LEADER Councilmember Wyatt placed in nomination the name of David A. Rivera for appointment as the Majority Leader of the Common Council of Buffalo, effective July 7, 2015. Seconded by Councilmember Golombek A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: Fontana Aye Franczyk Aye Golombek Aye LoCurto Aye Pridgen Aye Rivera Aye Scanlon Aye Wyatt Aye Ayes 8, Noes 0 ADOPTED NO. 1348 APPOINTMENT- PRESIDENT PRO TEM Councilmember Golombek placed in nomination the name of Christopher P. Scanlon, for appointment as the President Pro Tern of the Common Council of Buffalo, effective July 7, 2015. Seconded by Councilmember Fontana A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: Fontana Aye Franczyk Aye Golombek Aye LoCurto Aye Pridgen Aye Rivera Aye Scanlon Aye Wyatt Aye Ayes 8, Noes 0 ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1349 NOTIFICATION SERIAL #10849 -10865 (waive 45 days) NOTIFICATION SERIAL #10849 REPEAL NO PARKING ON CHAPIN PARKWAY, ISLAND SIDE (NORTH AND SOUTH) BETWEEN GATES CIRCLE AND WEST DELAVAN AVENUE (DELAWARE DISTRICT) NO PARKING - 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 Chapin Parkway, island side (north and south) At all times between Gates Circle and West Delavan Avenue NOTIFICATION SERIAL # 10850 PERMISSIVE PARKING — REPEAL ON CHAPIN PARKWAY SOUTHWEST DRIVE, SOUTHWEST SIDE BETWEEN WEST DELAVAN AVENUE AND GATES CIRCLE (DELAWARE DISTRICT) PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION Chapin Parkway southwest drive, southwest side between West Delavan Avenue and Gates Circle PERIOD OF PERMISSIVE PARKING - DAILY 2 hour parking 7 a.m. to 7 p.m. Except Sunday NOTIFICATION SERIAL # 10851 PERMISSIVE PARKING - REPEAL ON CHAPIN PARKWAY SOUTHWEST DRIVE, SOUTHWEST SIDE BETWEEN POTOMAC AVENUE AND WEST DELAVAN AVENUE (DELAWARE DISTRICT) PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Chapin Parkway southwest drive, southwest side 2 hour parking between Potomac Avenue and West Delavan Avenue 7 a.m. to 7 p.m. Except Sunday NOTIFICATION SERIAL #10852 PERMISSIVE PARKING- REPEAL ON CHAPIN PARKWAY NORTHEAST DRIVE, NORTHEAST SIDE BETWEEN GATES CIRCLE AND SAYBROOK PLACE (DELAWARE DISTRICT) PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Chapin Parkway northeast drive, northeast side 2 hour parking between Gates Circle and Saybrook Place 7 a.m. to 7 p.m. Except Sunday NOTIFICATION SERIAL # 10853 PERMISSIVE PARKING - REPEAL ON CHAPIN PARKWAY NORTHEAST DRIVE, NORTHEAST SIDE BETWEEN SAYBROOK PLACE AND POTOMAC AVENUE (DELAWARE DISTRICT) PERMISSIVE PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Chapin Parkway northeast drive, northeast side 2 hour parking between Saybrook Place and Potomac Avenue 7 a.m. to 7 p.m. Except Sunday NOTIFICATION SERIAL # 10854 INSTALL ALTERNATE PARKING - TYPE II CHAPIN PARKWAY NORTHEAST DRIVE BETWEEN GATES CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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 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 Chapin Parkway northeast drive, southwest side 9:00 a.m. - 4:00 p.m. between Gates Circle Thursday, Friday and Soldiers Circle November 15 - April 1 Chapin Parkway northeast drive, northeast side 9:00 a.m. - 4:00 p.m. between Gates Circle Monday, Tuesday, Wednesday and Soldiers Circle November 15 - April 1 NOTIFICATION SERIAL # 10855 INSTALL ALTERNATE PARKING - TYPE II CHAPIN PARKWAY SOUTHWEST DRIVE BETWEEN GATES CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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 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 Chapin Parkway southwest drive, southwest side 9:00 a.m. - 4:00 p.m. between Gates Circle Thursday, Friday and Soldiers Circle November 15 - April 1 Chapin Parkway southwest drive, northeast side 9:00 a.m. - 4:00 p.m. between Gates Circle Monday, Tuesday, Wednesday and Soldiers Circle November 15 - April 1 NOTIFICATION SERIAL # 10856 REPEAL ALTERNATE PARKING - TYPE II BIDWELL PARKWAY SOUTHEAST DRIVE BETWEEN COLONIAL CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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 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 Bidwell Parkway southeast drive, northwest side 9:00 a.m. — 4 p.m. Between Colonial Circle Thursday, Friday Bidwell Parkway southeast drive, southeast side 9:00 a.m. — 4 p.m. between Colonial Circle and Soldiers Circle Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10857 INSTALL ALTERNATE PARKING - TYPE II BIDWELL PARKWAY SOUTHEAST DRIVE BETWEEN COLONIAL CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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 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 Bidwell Parkway southeast drive, northwest side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Thursday, Friday And Soldiers Circle November 15 - April 1 Bidwell Parkway southeast drive, southeast side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Monday, Tuesday, Wednesday And Soldiers Circle November 15 - April 1 NOTIFICATION SERIAL # 10858 REPEAL ALTERNATE PARKING - TYPE II BIDWELL PARKWAY NORTHWEST DRIVE BETWEEN COLONIAL CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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 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 Bidwell Parkway northwest drive, northwest side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Thursday, Friday And Soldiers Circle Bidwell Parkway northwest drive, southeast side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Monday, Tuesday, Wednesday And Soldiers Circle NOTIFICATION SERIAL #10859 INSTALL ALTERNATE PARKING — TYPE II BIDWELL PARKWAY NORTHWEST DRIVE BETWEEN COLONIAL CIRCLE AND SOLDIERS CIRCLE (DELAWARE 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, mending, 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 Bidwell Parkway northwest drive, northwest side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Thursday, Friday And Soldiers Circle November 15 - April 1 Bidwell Parkway northwest drive, southeast side 9:00 a.m. - 4:00 p.m. Between Colonial Circle Monday, Tuesday, Wednesday And Soldiers Circle November 15 - April 1 NOTIFICATION SERIAL # 10860 REPEAL ALTERNATE PARKING - TYPE II AUBURN AVENUE BETWEEN NIAGARA STREET AND ELMWOOD AVENUE (DELAWARE 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, mending, 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 Auburn Avenue, south side 9:00 a.m. — 4:00 p.m. between Niagara Street Thursday, Friday and Elmwood Avenue Auburn Avenue, north side 9:00 a.m. — 4:00 p.m. between Niagara Street Monday, Tuesday, Wednesday and Elmwood Avenue NOTIFICATION SERIAL # 10861 INSTALL ALTERNATE PARKING - TYPE II AUBURN AVENUE BETWEEN NIAGARA STREET AND RICHMOND 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 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 Auburn Avenue, South side 9:00 a.m. - 4:00 p.m. Between Niagara Street Thursday, Friday And Richmond Avenue Auburn Avenue, north side 9:00 a.m. — 4:00 p.m. between Niagara Street Monday, Tuesday, Wednesday and Richmond Avenue NOTIFICATION SERIAL # 10862 INSTALL ALTERNATE PARKING - TYPE II AUBURN AVENUE BETWEEN RICHMOND AVENUE AND ELMWOOD AVENUE (DELAWARE 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 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 Auburn Avenue, south side 9:00 a.m. — 4:00 p.m. between Richmond Avenue Thursday, Friday and Elmwood Avenue November 15 — April 1 Auburn Avenue, north side 9:00 a.m. — 4:00 p.m. between Richmond Avenue Monday, Tuesday, Wednesday and Elmwood Avenue November 15 — April 1 NOTIFICATION SERIAL # 10863 REPEAL ALTERNATE PARKING - TYPE II BRECKENRIDGE STREET BETWEEN NIAGARA STREET AND ELMWOOD AVENUE (DELAWARE 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 therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Breckenridge Street, south side 9:00 a.m. — 4:00 p.m. between Niagara Street Thursday, Friday and Elmwood Avenue Breckenridge Street, north side 9:00 a.m. — 4:00 p.m. between Niagara Street Monday, Tuesday, Wednesday and Elmwood Avenue NOTIFICATION SERIAL # 10864 INSTALL ALTERNATE PARKING - TYPE II BRECKENRIDGE STREET BETWEEN NIAGARA STREET AND RICHMOND 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 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 Breckenridge Street, south side 9:00 A.M. — 4:00 P.M. between Niagara Street Thursday, Friday and Richmond Avenue Breckenridge Street, north side 9:00 am. — 4:00 p.m. between Niagara Street Monday, Tuesday, Wednesday and Richmond Avenue NOTIFICATION SERIAL # 10865 INSTALL ALTERNATE PARKING - TYPE II BRECKENRIDGE STREET BETWEEN RICHMOND AVENUE AND ELMWOOD AVENUE (DELAWARE 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 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 Breckenridge Street, south side 9:00 a.m. - 4:00 p.m. Between Richmond Avenue Thursday, Friday And Elmwood Avenue November 15 - April 1 Breckenridge Street, north side 9:00 a.m. - 4:00 p.m. Between Richmond Avenue Monday, Tuesday, Wednesday And Elmwood Avenue November 15 - April 1 RECEIVED AND FILED NO. 1350 ABANDONMENT AND LAND SWAP WITH ERIE COUNTY OF A PORTION OF BAILEY AVENUE RIGHT OF WAY AND PORTION OF THE PROPERTY AT 150 BAILEY AVE FOR INTERESTS IN A PORTION OF COUNTY OWNED 152 BAILEY FOR PURPOSES OF FACILITATING REPLACEMENT OF THE BAILEY AVENUE BRIDGES OVER THE BUFFALO RIVER AND CAZENOVIA CREEK (THE "PROJECT ") LOVEJOY DISTRICT The Department of Public Works, Parks & Streets, Division of Engineering, is currently progressing on the detailed design of a Federal and State funded project to replace the Bailey Avenue Bridges over Cazenovia Creek and the Buffalo River and to significantly straighten out the "S!' curve between the two bridge areas. The approved build alternative requires the fee acquisition by City of approximately 1.75 acres of County owned parkland and 0.3 acres permanent easement in exchange or trade /swap for approximately 1.36 acres of City owned right -of -way constituting the existing portion of Bailey Avenue situate between the two existing bridges over Cazenovia Creek and the Buffalo River and 0.38 acres portion of the property at 150 Bailey. The portion of City street Right of Way property that will be abandoned and swapped is described on Exhibit A and Exhibit B respectively attached hereto. The interests in land that the City will be receiving from the County of Erie in the parcel swap are described on Exhibit C and Exhibit D attached hereto. The Department of Public Works, Parks & Streets has no objections to the abandonment and swap of this portion of the Bailey Avenue Right of Way on condition that: The City of Buffalo and any utility company or other person /entity that has interests in the area to be abandoned and sold reserves or is otherwise provided the right to preserve and protect their utilities or facilities in said area to the satisfaction of the City of Buffalo Dept. of Public Works, the City's Corporation Counsel's Office and the pertinent utility company(ies) or other impacted person or entity. 2. Erie County agrees to continuously grant the City of Buffalo and any and all utility companies or other impacted person or entity with interests in the subject area access to maintain, inspect, repair and /or replace bridge facilities and /or any and all utilities or other facilities located in the subject areas. 3. The official closing /abandonment of the right of way to be swapped will not become effective until the deeds from the City & Erie County respectively conveying the respective titles and other interests to the right of way properties are filed in the Erie County Clerk's Office and such other conditions deemed necessary as established by the City's Department of Public Works, Parks & Streets are satisfied. In accordance with Article 27.5 of the City Charter, Strepp Appraisal, Mr. Eriksen E. Stropp, and Emminger, Newton, Pigeon, Magyar, Inc., on behalf of City of Buffalo estimated the fair market value of the subject portions of the City and Erie County owned parcels respectively as follows: City -owned Bailey Avenue Right Of Way - 1.36 acres- estimated the fair market value of the right of way to be Twenty Nine Thousand Eight Hundred Dollars ($29,800). City portion of 150 Bailey Avenue - 0.38 acres - estimated the fair market value to be Sixty Six Thousand Six Hundred Dollars ($66,000). Appraised by Emminger, Newton, Pigeon, Magyar, Inc. Erie County Parkland (Portion of 152 Bailey) - 1.99 acres - estimated the fair market value to be Thirty Two Thousand Nine Hundred Dollars ($32,900). Subsequent to the issuance of the appraisal, the Erie County Parkland parcel was decreased in size from 1.99 acres to 1.75 acres due primarily to the City accepting permanent easements for /in 0.30 acres of underwater parcels in lieu of fee title acquisition. The County of Erie, however, is still not requiring any consideration for the parcel swap beyond the actual swaps. The City of Buffalo Appraisal Review Board reviewed two of the three appraisals at their meeting of January 7, 2015 and approved the respective relative values established by the appraiser as to parcels compromising the interests in County Park land and the City owned current Bailey Avenue right of way. The value established by the third appraisal for 150 Bailey was reviewed and approved by the City's project funding source and the acquisition of 150 Bailey by the City for project purposes was approved by Your Honorable Body on June 23, 2015 as item 1234. The City of Buffalo and the County of Erie have agreed to convey the respective properties or interests therein to the other providing prior approval is put in place by Your Honorable Body and by the Erie County Legislature and any other authorities having jurisdiction. In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for their review and recommendation. This Action was determined to be a Type 1 Action pursuant to 6NYCCR 617.4, State Environment Quality Review. A coordinated review was conducted and a Negative Declaration was prepared by the lead agency, the City of Buffalo Department of Public Works, Parks and Streets. Therefore, no further environmental evaluation is required. The Department of Public Works, Parks & Streets, Division of Engineering respectfully hereby recommends that Your Honorable Body approve the proposed abandonment and swap of the section of Bailey Avenue Right Of Way described on Exhibit A and portion of the property at 150 Bailey Ave described on Exhibit B for that portion of Erie County property described on Exhibit C and permanent easement described on Exhibit D providing and after the following terms and conditions are satisfied: Your Honorable Body refers this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the abandonment and swap of the City -owned section of Bailey Avenue Right Of Way described on Exhibit A and portion of the property at 150 Bailey Ave described on Exhibit B for that portion of Erie County property described on Exhibit C and permanent easement interests described on Exhibit D. In accordance with standard street abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 21 st of July, 2015. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution setting Pubic Hearing together with a Notice of Public Hearing for your action. Forwarded separately but attached hereto are the following documents: a. Resolution setting Public Hearing b. Notice of Public Hearing c. Proposed Resolution approving proposed transfer and swap (for consideration by Your Honorable Body after the Public Hearing). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1351 PERMISSION TO ENTER IN AGREEMENT WITH NATIONAL GRID FOR ELECTRIC SERVICE FOR BUFFALO COUNECT DOWNTOWN PUBLIC WIFI SYSTEM ELLICOTT & FILLMORE DISTRICTS Your Honorable Body authorized the Department of Public Works, Parks and Streets (DPW) to enter into agreement with M &T Bank for the installation and operation of the Buffalo Connect Downtown Public WiFi system (Ref CCP 707 of April 14, 2015). Related to that work, the DPW needs to enter into an agreement with Niagara Mohawk Power Corporation dba National Grid ( "National Grid ") to provide electric service to the portions of the WiFi system that are attached to street light poles where National Grid provides electric service. Terms of the agreement are as follows: • The City will pay for electric service at all locations where WiFi facilities are connected to National Grid's unmetered street light system based on a power consumption calculation using the specifications of the WiFi system components. Charges will be as specified in National Grid's Tariff P.S.C. No 214 — Electric Service - Street, Highway, Roadway and Other Outdoor Lighting ( "Street Lighting Tariff') and P.S.C. No 220 - Electricity ( "Electric Tariff'), specifically Electric Tariff Service Classification No 2, special provision A. • The City will install and maintain all WiFi system components. Note that the City is subcontracting the installation and maintenance to M &T Bank per the above referenced agreement at no cost to the City. • The term of this agreement ends on December 31, 2015 or at the time that the Attachment License Agreement referenced below is executed. National Grid reserves the right to terminate service on December 31, 2015 in the event that the Attachment License Agreement is not executed. • The City will work in good faith with National Grid to finalize an Attachment License Agreement for Outdoor Lighting Facilities and Services that would supersede this agreement to include existing and future attachments. Examples of existing and future attachments included, but are not limited to, police cameras, traffic control devices, license plate readers, etc. Funds for electric service charges for the WiFi system components are available in General Funds. Authorization is hereby requested from Your Honorable Body for the Commissioner of Public Works, Parks and Streets to enter into this Agreement subject only to such clarifications as are recommended by the Corporation Counsel in finalizing the License Agreement. Thank you for your consideration. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 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 enter into an agreement with M &T Bank for the installation and operation of the Buffalo Connect Downtown Public Wi -Fi System; and that the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with Niagara Mohawk Power Corporation d /b /a National Grid ( "National Grid ") to provide electric services to the portions of the Wi -Fi system that are attached to street light poles where National Grid provides electric service. Funds for electric service charges for the Wi -Fi system components are available in General Funds. PASSED AYES — 7 NOES - 0 NO. 1352 PERMISSION TO HIRE CONSULTANT CITY COURT NEW COURTROOM AND ELEVATOR UPGRADE ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire Kidney Architects as a consultant to provide Architectural/ Engineering services for the New Courtroom and Elevator Upgrade located at City Court The cost for consulting services is estimated not to exceed $151,220.00. The funds are available in Account #38322956 - 445100. The consultant has been chosen through a Request for Proposal (RFP) process. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 30, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Kidney Architects as a consultant to provide architectural /engineering services for the New Courtroom and Elevator Upgrade located at City Court. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds for this project are available in Account #38322956- 445100. PASSED - 7, NOES -0 NO. 1353 PERMISSION TO INCREASE CONSTRUCTION CONTRACT CONTRACT AMOUNT CORRECTION CONCRETE APPLIED TECHNOLOGIES CORP. CONTRACT # 93001377 PIPES ON VARIOUS BRIDGES IN THE CITY OF BUFFALO ITEM NO. 1236, CCP OF 6/23/15 1 hereby submit to your Honorable Body the following contract amount correction change for this contract. Prior council item amount was transposed; clerical error. Current Contract Amount $719,546.00 This Cost Increase $62,497.05 Total $782,043.05 1 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 and Streets to issue said increase for $ 62,497.05 The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date Recommended Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated June 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 $62,497.05 (Original Contract Amount $719,546.00 + Change Order $62,497.05 for a Revised Contract Amount of $782,043.05) for pipes on various bridges in the City of Buffalo, to Concrete Applied Technologies Corp., C #93001377. The funds are available in Division of Water Account #53230786 445100, and an account(s) to be named at a later date. PASSED AYES -7 NOES - 0 NO. 1354 REPORT OF BIDS BERN METALS AND UNITY ISLAND LANDFILL IMPROVEMENTS GROUP 803 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 Pinto Construction Services Inc $70,257.10 $77,282.81 1 Babcock St Buffalo, NY 14210 Nova Site Company $77,799.00 $85,578.90 6 Lena Court West Seneca, NY 14224 1 hereby certify that the low bidder for the above project is Pinto Construction Services Inc. I respectfully recommend a contract award in the amount of $77,281.81($70,282.81 Base Bid + $7,025.71 -10% unit price increase= $77,282.81 -Total Contract Amount) Funds for this contract are available in #31310906 - 445100 and /or account(s) to be named at a later date The engineer's estimate for this work is $75,000.00 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 August 8, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 2015, be received and flied; 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 Bern Metals and Unity Island Landfill Improvements, Group 803, with Pinto Construction Services, Inc., with a total contract of $77,282.81 (Base Bid- S70,257.10 + 10% unit price increase of $7,025.71 for a Total Contract Amount of $77,282.81). Funding for this project is available in Account #31310906 - 445100 and /or an account(s) to be named at a later date. PASSED AYES — 7 NOES — 0 NO. 1355 REPORT OF BIDS LINCOLN PKWY ISLAND CURB REPLACEMENT DPW GROUP 841 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 Destro & Brothers Concrete Co. $363,610.00 $399,971.00 411 Ludington St.. Buffalo, NY 14206 Sunshine Concrete Inc. $549,245.00 $604,202.50 3461 Stevenson Ct. N. Tonawanda, NY 14120 P &J Construction Co. $569,168.25 $626,085.08 709 Pleasantview Lancaster, NY 14086 Campobello Construction Co. Inc. $652,150.00 $717,365.00 23 Stratford Rd. Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co. Inc. I respectfully recommend a contract award in the amount $399,971.00 ($363,610.00 -Base Bid + +$36,361. 00 -10% unit price increase = $399,971.00 Total Contract Amount). Funds for this contract are available in #38312886- 445100, #32000006 - 445100 and /or an account (s) to be named at a later date. The engineer's estimate for this work is $420,000.00 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 August 15, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 2, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Lincoln Parkway Island Curb Replacement, Group 841, with Destro & Brothers Concrete Co., Inc., with a total contract of $399,971.00 (Base Bid of $363,610.00 + 10% unit price increase of $36,361.00 for a Total Contract Amount of $399,971.00). Funding for this project is available in Account #38312886- 445100, 32000006 - 445100, and /or an account(s) to be named at a later date. PASSED AYES — 7 NOES — 0 NO. 1356 REPORT OF BIDS NIAGARA STREET IMPROVEMENTS PHASE 2 PROJECT VIRGINIA STREET TO PORTER AVENUE ELLICOTT AND NIAGARA DISTRICTS This is to advise Your Honorable Body that I have advertised and received bids on June 3, 2015. The only bids received were: Contractor Base Bid Mark Cerrone, Inc. $3,682,462.00 2368 Maryland Avenue Niagara Falls, NY 14305 NOVA Site Company $3,877,682.80' 6 Lena Court West Seneca, NY 14224 'Adjusted amount to correct mathematical errors in the calculation of the bid. I hereby certify that the lowest responsible bidder for the above project is Mark Cerrone, Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to Mark Cerrone, Inc. in the amount not to exceed $4,050.708.20. Base Bid of $3,682,462.00 + [10% contingency] $368,246.20 equals [Total Award] $4,050,708.20). The engineer's estimate for this work is $3.759.492.18. Funds for this project are available in our Capital Account(s) #32000006 - 445100, 38312906 - 445100 and /or an account(s) to be named at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 25, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Niagara Street Improvements, Phase 2, Virginia Street to Porter Avenue, with Mark Cerrone, Inc., with a total contract of $4,050,708.20 (Base Bid- S3,682,462.00 + 10% Contingency- S368,246.20 for a Total Contract Amount of $4,050,708.20). Funding for this project is available in Capital Account(s) #32000006 - 445100, 38312906 - 445100, and /or an account(s) to be named at a later date. PASSED AYES -7 NOES - 0 NO. 1357 APPOINT ASSISTANT WATER DISTRIBUTION SUPERINTENDENT(PERM)(STEP 3)(MCMANUS) Appointment effective 06/24/2015 in the Department of Public Works, Division of Water to the Position of Assistant Water Distribution Superintendent, Permanent at the 3r step of $ 58,768.00 Patrick McManus, 223 Dearborn St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1358 APPOINT CHIEF PUMPING PLANT ENGINEER(PROV)(MAX)(KUMRO) Appointment effective 06/29/2015 in the Department of Public Works, Parks and Streets, Division of Water to the position of Chief Pumping Plant Engineer, Provisional at the Maximum salary of $50,755 Kathleen Kumro, 14 Sibley St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1359 APPOINT FILTRATION PLANT MAINTENANCE SUPERVISOR I(TEMP)(INTER)(GURBACKI) Appointment effective 06/29/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Filtration Plant Maintenance Supervisor I, Temporary at the Intermediate Salary of $31,474.00 John Gurbacki, 150 Riverside Ave, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 1360 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104, 2/2/1988 15 -DEA- 608084 C2 -15 -0034 1,223.70 14 -DEA- 594618 C2 -14 -0068 3,458.67 14-DEA-597566 C2 -14 -0106 3,140.92 13-FBI-001066 245D-BF-41271 95, 750.20 DEA TOTAL $103,573.49 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 1361 PERMISSION TO ACCEPT 2015 GUN INVOLVED VIOLENCE ELIMINATION GRANT ( "GIVE ")] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. Gun Involved Violence Elimination Grant II (GIVE): This is a renewal grant whose premise is built on the successes of the previous NYS- funded Operation Impact Grant, which is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti - crime teams. Buffalo has engaged in an active partnership with the District Attorney's Office, Erie County Probation, Erie County Sheriffs, and Central Police Services, all of whom are part of the $1.7 award to Western New York. Buffalo Police must work closely with the Erie Crime Analysis Center housed in Buffalo Police Headquarters as well as reach out to outside law enforcement partners including the New York State Police, ATF, FBI Safe Streets Task Force, Marshals' Violent Felony Task Force, Parole, and the US Attorney's Office. The GIVE initiative focuses specifically on the reduction of shootings and homicides by using people, places, data and evidence -based approaches for determining strategies to reduce gun violence. The funding award will be utilized to continue funding a Crime Analyst Position, to enhance field intelligence and improving Buffalo's homicide clearance rate by calling in extra Detectives who will help investigate every shooting City -wide, as well as going after the identified top gun offenders. Also this year, overtime funds will support intensive enforcement in the Ela /E /2a Sectors in the "E" District, where during this year's GIVE Grant, we have been able to impact the violence on certain streets, most notably Shirley Avenue. The upshot is we are now able to expand the boundaries in "E" to cover more streets identified as the City's hottest spot for shootings and murders. We also are adding (2) new areas this year, also known as high gun violent sectors in the "B" District: Towne Gardens, and in the "C" District: Bailey /Genesee area (Note: this grant does have the flexibility to move hotspots, if supported by data and discussed at the required monthly meeting attended by GIVE partners). Under the GIVE II Grant, we will be purchasing bicycles for community good will events that will be sponsored city -wide, also, there will be an academic partnership to help law enforcement better understand the social and geographic factors contributing to gang violence in Buffalo, as well as travel funds for mandatory GIVE conferences required by the Department of Criminal Justice Services. If you should have any questions about the grant, please contact 2s Deputy Commissioner Byron Lockwood, Deputy Commissioner Kimberly Beaty or Captain Mark Makowski at 851 -4475. The Buffalo Police Department is respectfully requesting that Your Honorable Body authorize the following: (1) For the City to accept funds, totaling $576,741, from the NYS Division of Criminal Justice Services as part of the State's renewal initiative: "GIVE -Gun Involved Violence Elimination" for the grant period of 7/1/15 thru 6/30/16; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling 80,675) until such City reimbursements are secured by the funding source (NY State); (3)Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the GIVE II grant funding. Mr. River moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 24, 2015, be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds totaling $576,741.00 from the New York State Division of Criminal Justice Services as part of the State's renewal initiative, "GIVE - Gun Involved Violence Elimination" for the grant period of July 1, 2015 through June 30, 2016; and that the Common Council hereby authorizes the Comptroller to provide for an interfund cash loan for all non - personnel expenses (totaling $80,675.00) until such City reimbursement are secured by New York State; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police Department personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the GIVE grant funding. PASSED AYES -7 NOES -0 NO. 1362 APPOINT DETECTIVES(PERM)(FLAT)(HARRIS, SANCHE, ZANGHI, HEITHAUS, NEUREUTHER, HERBERT) Appointment effective, June 29, 2015 in the Department of Police, Division of Detective Bureau to the Position of Detective, Permanent at the flat salary of $68,230 Pamela J. Harris, 128 Manhattan Ave, Buffalo, NY 14215 Sheryl A. Sanchez, 18 Alberta Dr, Amherst, NY 14226 Jennifer J. Zanghi, 50 Cherrywood Drive, Cheektowaga, NY 14227 John G. Heitzhaus, 476 Mckinley Pkwy, Buffalo, NY 14220 Melanie A. Neureuther, 181 Alaska St, Cheektowaga, NY 14206 Thomas W. Herbert, 40 Tamarck Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1363 APPOINT DETECTIVE(TEMP)(FLAT)(SMITH) Appointment effective, June 29, 2015 in the Department of Police, Division of Detective Bureau to the Position of Detective, Temporary at the flat salary of $68,230 Vickie L. Smith, 32 Bame Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1364 APPOINT DETECTIVE SERGEANT(TEMP)(FLAT)(SANFORD) Appointment effective, June 29, 2015 in the Department of Police, Division of Detective Bureau to the Position of Detective Sergeant, Temporary at the flat salary of $71,093 Marvin Sanford, 173 Ranch Trail West, Amherst, NY 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1365 APPOINT POLICE CAPTAIN(CONT PERM)(FLAT)(ROSENWIE III) Appointment effective, June 29, 2015 in the Department of Police, Division of Patrol to the Position of Police Captain, Contingent Permanent at the flat salary of $85,672 Robert V. Rosenwie III, 12403 Kern Road, Springville, NY 14141 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1366 APPOINT POLICE LIEUTENANT (PERM)(FLAT)(MARASCHIELLO, WALKER, ZIPP, WILLIAMS, LABBY) Appointment effective, June 29, 2015 in the Department of Police, Division of Patrol to the Position of Police Lieutenant, Permanent at the flat salary of $75,526 Shellie L. Maraschiello, 14 Daughin Drive, Williamsville, NY 14221 Michael R. Walker, 15 Wedgewood Drive, West Seneca, NY 14224 Stephen W. Zip, 3497 Heatherwood Drive, Hamburg, NY 14215 Darryl D Williams, 62 Harriet Avenue, Buffalo, NY 14215 Edmond J. Labby, 6143 Woodford Drive, Lakeview, NY 14085 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1367 APPOINT POLICE LIEUTENANT(CONT PERM)(FLAT)(GARRIS, BANASZAK) Appointment effective, June 29, 2015 in the Department of Police, Division of Patrol to the Position of Police Lieutenant, Contingent Permanent at the flat salary of $75,526 Edwin L. Garris, 141 Sidway St, Buffalo, NY 14210 Derrick R. Banaszak, 5887 Monaghan Lane, Clarence Center, NY 14032 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1368 FOOD STORE (NEW) 19614 th ST (AKA 397 CONNECTICUT)(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 195 14 ST aim 397 CONNECTICUT (AMBAR BAHADUR /ARBIN GROCERY & HALAL MEAT.) 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. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 1, 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 Ambar Bahadur d /b /a Arbin Grocery & Halal Meat located at 195 1W Street a /k/a 397 Connecticut with the following conditions: Approval is received from the: Building Inspection, Collections Office, Fire Prevention. Police Department— and Zoning Office PASSED /COND AYES — 7 NOES — 0 NO. 1369 FOOD STORE (NEW) 1306 BROADWAY (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 1305 BROADWAY (KRISTIN CACCAM! S E/B ROADWAY CONVENIENCE DELI.) 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. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 1, 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 Kristin Caccamise d /b /a Broadway Convenience Deli located at 1305 Broadway with the following conditions: 1. Hours of operations shall be 8:00 am to 11 pm Sunday- Thursday and 8:30 am to Midnight Friday & Saturday 2. Must have working security cameras inside & outside of store and must make tapes available upon request 3. "No Loitering" signs to be posted and enforced by store employees 4. No spray painted, hand painted o air - brushed signage or graphics on building 5. Must have trash receptacles outside store and be maintained 6. No outside signage advertising tobacco, gambling (lottery), or alcohol 7. No selling of loose items - cigarettes, diapers, etc. 8. No payphones outside of store 9. No blocking of windows 10. All mechanical Equipment must be in working order 11. Any broken window must be repaired within 72 hours 12. No smoking in building 13. Any graffiti must be removed within 72 hours 14. No vehicles to be parked on sidewalks PASSED /COND AYES — 7 NOES - 0 NO. 1370 FOOD STORE LICENSE(NEW) 2230 SENECA(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 2330 SENECA (MOHAMED MOTHAMED /ABDULLA MOTHANNA /CAZENOVIA MINI MART INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1371 LODGING HOUSE LICENSE 76 MAIN ST (AKA 96 MAIN) (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 75 MAIN ST (aka 95 Main), and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House license is being sought and no License will be issued until all required approvals from 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 Taran Huseyin. The attached thereto for Taran Huseyin d /b /a HARBORCENTER DEVELOPMENT LLC This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1372 SECOND HAND DEALER 3216 BAILEY(AKA 3221)(UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 3215 Bailey (aka 3221) and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. 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 Lawrence Hawkins The attached thereto for Lawrence Hawkins d /b /a NATIONAL UNLIMITED PROPERTIES DEV. LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1373 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 BRENETTA MIXON. The attached thereto for BRENETTA MIXON /BP GLOBAL FUNDS INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1374 USED CARDEALER 98 WASMUTH (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 98 WASMUTH 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 BRENETTA MIXON. The attached thereto for BRENETTA MIXON /BP GLOBAL FUNDS INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1375 APPOINT BUILDING INSPECTOR(PERM)(FIFTH STEP)(GRUNDY) Appointment Effective June 22, 2015 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent at the fifth step of $55,508.00 David Grundy, 730 Parkside Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 1376 APPOINT DIRECTOR OF WORKFORCE EMPLOYMENT & TRAINING Appointment effective 06/26/2015 in the Department of Community Services & Recreational Programing, Division of Workforce Development to the Position of Director of Workforce Employment & Training, Exempt at the flat salary of $86,332 Demone A. Smith, 68 Beverly Rd, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 1377 CONTRACT EXTENSION BE WELL CASE MANAGEMENT FOR INJURED ON DUTY POLICE AND FIRE The Department of Human Resources would like to extend the contract with Be Well. This Company provides medical case management services to Police and Firefighter workers injured in the performance of duty pursuant to Section 207 -c of the General Municipal Law. The original contract awarded via the RFP process will expire 06/30/2015 The Department of Human Resources requests authorization from the Common Council to extend this contract month to month. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO 1378 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 1407 Niagara St 1407 Niagara St 5 Prts City Pizza Pub Inc. 228 Allen St The Billy Club KJD Partners LLC 125 Main St 125 Main St Canalside Partners, LLC 2022 Seneca St 2022 Seneca St Steven A Marchione RECEIVED AND FILED NO. 1379 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- Kelly Gattuso RECEIVED AND FILED. NO. 1380 APPOINT LEGISLATIVE ASSISTANT(GARLAND) Appointment effective July 1, 2015 in the Department of Common Council, Division of Masten District to the Position of Legislative Assistant to Councilmember, Unclassified at the Flat Salary of $45,893.00 Frank Garland, 64 Urban St, Buffalo, NY 14211 ADOPT NO. 1381 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective June 24, 2015 in the Department of Common Council, Division of University Council District to the Position of Intern VIII, unclassified at the flat salary of $15.00 Taisha St. Jean, 494 Ontario St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective June 29, 2015 in the Department of Common Council, Division of City Clerk's Office to the Position of Intern VI, unclassified at the flat salary of $10.00 John Baker, 149 Crestwood Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 29, 2015 in the Department of Common Council, Division of City Clerk's Office to the Position of Intern VII, unclassified at the flat salary of $15.00 Robert Castro, 303 Jersey Ave, Buffalo, NY 14201 NO. 1382 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 06/23/2015 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal at the flat salary of $12.85 /hour Mario Washington, 586 E. Delevan Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 06/24/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the flat salary of $12.85 /hour Giovanni Orsene, 73 Alsace Ave, Buffalo, NY 14220 Michael Nasca, 52 Lovering Ave, Buffalo, NY 14216 Matthew Merkl 146 Downing St, Buffalo NY 14220 Patrick Boechel 43 Ruthland St, Buffalo NY 14220 Peter DeJesus Jr. 99 Albert Ave, Buffalo NY 14207 Alexander Hernandez 178 Riverside Ave, Buffalo NY 14207 Brittney Johnson 161 Marine Dr. Apt. 9F, Buffalo NY 14202 Rylie Gallivan 814 Richmond Ave, Buffalo NY 14222 Anthony Galvan 79 Marine Dr. #8E, Buffalo NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective 07/01/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the flat salary of $12.85 /hour Jeremiah Horrigan 60 Whitehall Ave, Buffalo NY 14220 Jataj A. Owens 442 Highgate Ave, Buffalo NY14215 CERTIFICATE OF APPOINTMENT Appointment effective 06/29/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguards, Seasonal at the flat salary of $12.85 /hour Jeremias Baez -Ramos 147 Marine Dr. 11 -H, Buffalo NY 14202 Blake Banks 76 Rickert Ave. Rear, Buffalo NY 14211 Ashley Barca 25 Barnard St, Buffalo NY 14207 David Battel 64 Fuller St, Buffalo NY 14207 Nicholas Borkowski 76 Fredro St, Buffalo NY 14208 Dylan Burns 58 Arlington PI. Buffalo NY 14201 Jillian Casey 27 Evelyn St. Buffalo NY 14207 Andrew Christensen 42 Mayer Ave. Buffalo NY 12407 Nicholas Conklin 401 Eden St. Buffalo NY 14220 Peter A. DeJesus 99 Albert Ave. Buffalo NY 14207 Olivia Dugan 114 Coolidge Rd. Buffalo NY 14220 Aniesa Elbaneh 391 Mackinaw St. Buffalo NY 14210 Jordan Ernest 17 Minton St. Buffalo NY 14210 Sean Shenandoah Rd. Buffalo NY 14220 Jillian Harris 197 Fenton St. Buffalo NY 14206 Alex Hernandez 178 Riverside Ave. Buffalo NY 14207 David Hulett 163 Hedley PI. Buffalo NY 14208 Elwood Hulett 163 Hedley PI. Buffalo NY 14208 James Haynes 73 Shenandoah Rd, Buffalo NY 14220 Zachary Isch 317 Woodside Ave, Buffalo NY14220 Jordan Jefferies 218 Comstock Ave, Buffalo NY 14215 Neil Keane Jr. 62 Hansen Ave, Buffalo NY 14220 Nathan Klein 37 Rounds, Buffalo NY 14215 Treykel McGee 425 Parker Ave, Buffalo NY 14216 Kristen McMahon 112 Elgas St, Buffalo NY 14207 Maura McMahon 49 Turner Ave, Buffalo NY 14220 Cindy Mierzwa 131 Lander Ave, Buffalo NY 14220 Megan Morcio 102 Pierce St, Buffalo NY 14206 Justine Myke 39 Helen St, Buffalo NY 14213 Brandon Nieves 38 Plymouth Ave, Buffalo NY 14201 Madison Nieves 38 Plymouth Ave, Buffalo NY 14201 Zachary Ortiz 185 Columbus Ave, Buffalo NY 14220 Sean Overdorf 122 Turner Ave, Buffalo NY 14220 Shane Palistrant 25 Mayer Ave, Buffalo NY 14207 Thomas Parshall 179 Tuscarora Rd, Buffalo NY 14220 Elizabeth Pasnik 117 Coolidge Rd, Buffalo NY 14220 Flannan Gould 3 Willink Ave, Buffalo NY 14210 Gerald Pierre 109 Garner Ave, Buffalo NY 14213 Habibur Rahman 79 Sidney St, Buffalo NY 14211 Linorah Rodriguez 99 Seymour St, Buffalo NY 14210 Alexander Sanchez 79 Marine Dr. 8E, Buffalo NY 14202 Margaret Scherer 55 Kenefick Ave, Buffalo NY 14220 Elijah Serrano 548 Plymouth Ave, Buffalo NY 14213 Sha- Tikqua Shine 36 Montana Ave, Buffalo NY 14211 Elijah Smith 99 Albert Ave, Buffalo NY 14207 Kelly Sprague 569 Perry St, Buffalo NY 14210 Elizabeth Staniszewski 128 Norman Ave, Buffalo NY 14210 Brazil Thompson Colfax Ave, Buffalo NY 14225 Caleb Vaccaro 24 Crystal Ave, Buffalo NY 14220 Emily Weimer 131 Kamper Ave, Buffalo NY 14210 Natassia West 30 Humber Ave, Buffalo NY 14215 Kali Zuppinger 51 Eaglewood Ave, Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguards, Seasonal at the flat salary of $12.85 /hour Hanna Annunziata 84 Shenandoah Rd, Buffalo NY 14220 Joshua Aponte 869 Prospect, Buffalo NY 14213 Miranda Casillas 21 Lawrence PI, Buffalo NY 14213 Nathaniel Cole 132 Mulberry St, Buffalo NY 14202 Terris Garner 71 Interpark Ave, Buffalo NY 14211 Craig Herndon 215 Brunswick Blvd, Buffalo NY 14208 Cindy Mierzwa 131 Lander Ave, Buffalo NY 14220 Kyaw Zin Oo 390 Plymouth Ave. #1, Buffalo NY 14213 DeLenci Shannon -Brown 233 Newburg Ave, Buffalo NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 06/29/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguards, Seasonal at the flat salary of $12.85 /hour Brett Anderson 149 Montrose Ave, Buffalo NY 14214 Noah Atkisson 52 Cazenovia St, Buffalo NY 14220 Justin Blake 62 Whitfield Ave, Buffalo NY 14220 Connor Budzinski 153 Indian Church Rd, Buffalo NY 14210 Madeline Burns 58 Alrington PI, Buffalo NY 14210 Christopher Capone 187 Weimar St, Buffalo NY 14206 Ahmed Elbaneh 391 Machinaw St, Buffalo NY 14210 Evan Houghes 49 Wellington Rd, Buffalo NY 14216 Brittney Jaeckle 308 Esser Ave, Buffalo NY 14207 Joshua Koester 147 Royal Ave, Buffalo NY 14207 Brenda LaBorgne 26 Argus St, Buffalo NY 14207 D'Andre Nicholas 8 W. Cleveland Dr, Buffalo NY 14215 September Williams 1325 Main St, Apt 317, Buffalo NY 14209 Julies Wozniak 5 Wildwood PI, Buffalo NY 14210 Aiden Gould 3 Willink Ave, Buffalo NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective 06/30/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguards, Seasonal at the flat salary of $12.85 /hour Nicholas Jordan 25 Mapleridge Ave, Buffalo NY 14215 NO. 1383 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 06/22/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the Flat salary of $15.00 /hr Colin P. Keenan, 77 Carlyle Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 06/22/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Superintendent of Street Sanitation, Provisional at the minimum salary of $42,186 Michael Dziamski, 104 Backus Rd, Derby, NY 14047 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1384 NYS DEPT OF PUBLIC SERV- MATTER OF A STUDY ON THE STATE OF TELECOMMUNICATIONS IN NEW YORK STATE Case 14 -C -0370- In the Matter of a Study on the State of Telecommunications in New York State Dear Community Leader: In May 2014, the New York State Public Service Commission initiated a proceeding to examine the state of telecommunication in New York State. In light of the rapid changes in the telecommunications landscape, the Commission is seeking to determine if the current regulatory system is sufficient to protect the interests of customers and whether current laws or regulations should be changed to enhance or strengthen oversight of the interconnected telecommunications network of the future. As part of the proceeding, Staff of the Department of Public Service conducted a fact -based assessment of the current telecommunications landscape in New York. Staff examined industry trends in voice, video and broadband services and reviewed different telecommunications technologies, such as copper, fiber, hybrid cable system and wireless networks. On June 23, Staff issued an Assessment report outlining its findings. I am writing to you today to inform you of the Commission proceeding and release of the Staff Assessment of Telecommunications Services. The Commission strongly believes that public input from consumers, industry representatives, government entities, educators and other public interest groups is critical for developing a comprehensive picture of the current state of telecommunications. As such, the Commission will hold a series of regional public meetings to solicit comments from stakeholders. The forums are open to the public and will have two parts: an informational forum, consisting of presentations by Commission staff regarding the Telecom Assessment, and a formal public statement hearing where the public is invited to participate and comment on the proceeding. The comments received in response to the Staffs Assessment and this Notice will be used to develop recommendations for further regulatory changes. I would appreciate your assistance informing your constituents about the forums and hearings and encouraging them to provide comments on the Assessment. It is the Commission's intent to facilitate and encourage active and meaningful participation throughout the proceeding. We hope you will consider joining us at one of the forums. The dates and locations are as follows: The Staff Assessment may be obtained at www.dps.nv.gov /TelStudy, For additional information about the proceeding, please visit the Department's website at www.dps.ny.ggov and click on the "Study of Telecommunications in New York State" link located on the homepage of the site. REFERRED TO THE COMMITTEE ON LEGISLATION AND REFERRED TO THE DEPARTMENT OF TELECOMMUNICATIONS PETITIONS NO. 1385 J. BUSH, OWNER, USE 3076 BAILEY TO RE- ESTABLISH A TAVERN IN THE KENSINGTON - BAILEY BUSINESS DISTRICT (HRG 07 /14)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1386 K. KINAN, AGENT, USE 478 ELMWOOD AKA 474 ELMWOOD TO EXPAND EXISTING COMER TENANT SPACE IN A STRIP MALL FOR A RESTAURANT (HRG 07 /14)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1387 O. ABDELLATIF, AGENT, USE 2266 NIAGARA TO ALTER USE OF AN AUTO BODY & TIRE SHOP TO USED AUTO SALES & REPAIRS IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (HRG 07 /14)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1388 J. LENAHAN, AGENT, USE 643 GRANT AND 39 ADDITIONAL LOTS TO ERECT A TWO STORY NON COMBUSTIBLE AND FRAME MIXED USE COMMERCIAL AND STUDENT HOUSING APARTMENT BUILDINGS (HRG 07 /14)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 1389 M. MASSIMI, OWNER, USE 860 NIAGARA FOR A NEW OWNER OF A SECOND HAND STORE (HRG 07/14)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1390 B. RUFFINO, AGENT, USE 2165 DELAWARE- INSTALL GROUND AND WALI SIGN TO A NEW RESTAURANT (NO HRG)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1391 J. LANE & OTHERS - PETITION TO STOP THE 12:00 HORN For the last 23 years I have lived at 571 Clinton St. In the City of Buffalo. I purchased my home on the East Side because of the revitalization of the area and I also have lived in this neighborhood all my life. EVERYDAY for the last 9 months a deafening, air -raid sounding HORN resonates throughout my home and beyond this area at 12:00 noon and lasts approximately i minute. I have called the Division of Citizen Services at 311 to complain (tracking number- 815739), Buffalo Police - C District to report this everyday re- occurrence, Ellicott District Councilman Rev. D. Pridgen office and I also spoke with the owner of this ear piercing horn that emits from 10 Howard Street at the corner of Jefferson Ave with NO resolution. It would be greatly appreciated if everyone in this residential neighborhood sign this petition so we can STOP this everyday disturbance. Thank You, Joyce Lane REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1392 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP #15 -1263, 06/23) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 1393 ERIE BASIN MARINA -2014 SEASON (CCP #15 -1230, 06/23) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 1394 UPDATE ON PARKING FEES ERIE BASIN MARINA (CCP #15 -1176, 06/09) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1395 REPORT OF SALE - 305 MARYLAND (FILL)(STRAT PLAN) (ITEM NO. 1022, C.C.P., MAY 26, 2015) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Anthony LoRusso of 145 Elmhurst Place, Buffalo, New York 14216, in the amount of Four Thousand Eight Hundred Dollars ($4,800.00) for the purchase of 305 Maryland be and hereby is accepted; and That the purchaser agreements 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 of Buffalo as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 7, NOES 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1396 FOOD STORE LICENSE (NEW) - 2290 FILLMORE (MASTEN)(DPIS) (ITEM NO. 1247, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Scanlon now moves that the above item be Recommitted to the Committee on Legislation. Adopted NO. 1397 MOBILE FOOD TRUCK - O. G. WOOD FIRE (DPIS) (ITEM NO. 1249, C.C.P., JUNE 23, 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 John Langfelder of 160 Shetland Drive, Williamsville, New York 14221, d /b /a O. G. Wood Fire is hereby approved PASSED AYES 7, NOES 0 NO. 1398 USED CAR DEALER - 1906 SOUTH PARK (SOUTH)(DPIS) (ITEM NO. 1252, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the Commissioner of the Department of Economic Development, Permits and Inspections Services hereby denies the application of Brian Bailey, Jr. d /b /a BMB Automotive Wholesale, to operate a Used Car Dealer located at 1906 South Park is hereby denied. DENY AYES 7, NOES 0 NO. 1399 E. DALY, AGENT, TO USE 1553 HERTEL TO CREATE AN OUTDOOR PATIO IN THE CITY RIGHT -OF -WAY FOR A BAR (DEL)(DPIS) (ITEM NO. 1277, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of E. Daly, Agent, to create an outdoor patio in the City right -of -way for a bar, located at 1553, in the Hertel Avenue Business District upon the following conditions: To follow the hours of operation set by the Planning Board Monday — Friday to close the Patio at 11:00 pm Saturday — Sunday to close the Patio at 12:00 midnight PASSED AYES 7, NOES 0 NO. 1400 A. SALEH, OWNER, TO USE 23 ALLEN TO REOPEN AN EXISTING RESTAURANT IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(DPIS) (ITEM NO. 1279, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of A. Saleh, Owner, to reopen an existing restaurant located at 23 Allen in the Allen Street Special District. PASSED AYES 7, NOES 0 NO. 1401 F. AMANTI, OWNER, TO USE 2126 SENECA STREET TO RE- ESTABLISH AN EXISTING RESTAURANT IN THE SENECA STREET SPECIAL DISTRICT (SOUTH)(DPIS) (ITEM NO. 1280, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of F. Amanti, Owner, to reestablish an existing restaurant located at 2126 Seneca Street in the Seneca Street Special District. PASSED AYES 7, NOES 0 NO. 1402 R. ALI, OWNER, TO USE 1000 ELMWOOD FOR A SIDEWALK PATIO TO THE FRONT AND SIDE OF AN EXISTING RESTAURANT (DEI)(DPIS) (ITEM NO. 1281, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of R. Ali, Owner, to create a sidewalk patio to the front (Elmwood Avenue) and side (Potomac Avenue) of an existing sit -in restaurant, located at 1000 Elmwood. PASSED AYES 7, NOES 0 NO. 1403 R. CORTRIGHT, AGENT, TO USE 456 ELMWOOD FOR A TAKEOUT ONLY RESTAURANT IN AN EXISTING MINIMART IN THE ELMWOOD AVENUE BUSINESS DISTRICT (NIA)(DPIS) (ITEM NO. 1282, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1404 D. MANNING, OWNER, TO USE 766 ELMWOOD FOR A SIT -IN RESTAURANT WITH AN OUTDOOR PATIO IN THE CITY RIGHT -OF -WAY (DEL)(DPIS) (ITEM NO. 1283, C.C.P., JUNE 23, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moves that the above item be recommitted to the Committee on Legislation. Adopted NO. 1405 MORATORIUM ON NEW E- CIGARETTE AND HOOKAH STORES /LOUNGES(SCANLON) (C.C.P. #14 -1674, JULY 22) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED July 7, 2015 RESOLUTIONS NO. 1406 BY: COUNCIL MEMBER RICHARD A. FONTANA RESOLUTION DELEGATING TO THE COMPTROLLER OF THE CITY OF BUFFALO THE AUTHORITY TO INVEST GENERAL FUNDS OF THE CITY OF BUFFALO INTO A TAX ANTICIPATION NOTE TO BE ISSUED BY THE WYANDANCH UNION FREE SCHOOL DISTRICT WHEREAS, Article 2 Section 11 of New York State General Municipal Law (GML §11), authorizes this body to temporarily invest moneys not required for immediate expenditure, with the approval of the State Comptroller, in Tax Anticipation Notes and Revenue Anticipation Notes issued by any municipality, school district or district corporation other than the municipality, school district or district corporation investing such moneys; and WHEREAS, the General Municipal Law § 11 further authorizes this body to delegate to the Comptroller, as the Chief Fiscal Officer of the City, the authority to make such temporary investments; and WHEREAS, Article 7 of the City Charter vests with the Comptroller the authority to superintend the fiscal affairs of the City; and WHEREAS, Article 7 of the City Charter further vests with the Comptroller such other powers and duties as are conferred thereby or by any ordinance or by general law; and WHEREAS, consistent with the provisions of Article 2, Section 11 of New York State General Municipal Law (GML § 11), the Comptroller may, at such times when the temporary investment of City funds is deemed to be fiscally prudent and in the best interests of the taxpayers, enter into such temporary investments; and WHEREAS, the City Comptroller has available $12 million dollars in general funds not currently needed to meet the obligations of the City of Buffalo; and WHEREAS, said $12 million dollars is at present deposited in a City depositary bank receiving approximately 0.05% interest; and WHEREAS, the Wyandanch Union Free School District will on July 16, 2015 issue a Tax Anticipation Note in the amount of $12 million dollars; and WHEREAS, the Tax Anticipation Note will mature on June 30, 2016; and WHEREAS, such Tax Anticipation Note is anticipated to yield between 0.65% and 0.75% interest with the final rate to be set on the pricing date, July 8, 2015; and WHEREAS, the City Comptroller has certified to the State Comptroller that such funds are not needed to meet City expenditures for purposes for which the moneys were provided prior to the maturity date of the Notes and that moneys used to purchase the Notes are not bond or note proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: That the authority to invest $12 million dollars in City general funds in a Tax Anticipation Note to be issued on July 16, 2015 by the Wyandanch Union Free School District, is hereby delegated to the City Comptroller; and be it further RESOLVED, that such Tax Anticipation Note shall mature no later than June 30, 2016; and be it further RESOLVED, that such Tax Anticipation Note shall bear interest in an amount not less than 0.65 %; and be it further RESOLVED, that such temporary investment shall be made only from the general funds of the City of Buffalo not required for immediate expenditure, and shall be subject to all provisions of General Municipal Law § 11 and any rules and regulations of the New York State Comptroller controlling such investments. PASSED AYES 8, NOES 0 NO. 1407 BY: COUNCILMEMBER FONTANA SET PUBLIC HEARING FOR ABANDONMENT AND SWAP RESULTS OF NEGOTIATIONS FOR A PORTION OF BAILEY AVENUE RIGHT OF WAY AND PORTION OF THE PROPERTY AT 150 BAILEY FOR INTERESTS IN A PORTION OF ERIE COUNTY OWNED 152 BAILEY AVENUE PARKLAND WHEREAS: Department of Public Works, Parks & Streets, Division of Engineering requires the acquisition of interests in approximately 2.05 acres of Erie County Parkland known as a part of 152 Bailey Avenue for purpose of straightening out the "S" curve and replacing the existing Bailey Avenue Bridges over Cazenovia Creek and Buffalo River. WHEREAS: The City of Buffalo and the County of Erie have agreed to exchange a portion of the Bailey Avenue Right of Way (approximately 1.36 acres) and a portion of the property at 150 Bailey Ave comprising (approximately 0.38 acres) and convey same to Erie County having a fair market value of $29,800 and $66,000 respectively in exchange for the County of Erie conveying to the City of Buffalo a portion of Erie County Parkland (an approximately 1.75 acres in fee title plus 0.30 acres of permanent easement portion of 152 Bailey) having a fair market value of $32,900 or more. WHEREAS: The abandonment /swap and results of appraisal and negotiations have been submitted to the Common Council for approval, generally in accordance with Article 27.5 of the City Charter, pending a Public Hearing; and WHEREAS: In accordance with standard abandonment procedures, it requires a five day notice of a public hearing to be marked "Notice of Hearing" with reference to such change in the official map and shall be published at least once in an official publication of said city or in a newspaper of general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 1 W day of July 2015; and. Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on 21 sc of July 2015. ADOPTED NO. 1408 BY: COUNCILMEMBER FONTANA APPROVAL OF THE ABANDONMENT AND PARCEL SWAP AND RESULTS OF NEGOTIATIONS FOR A PORTION OF THE BAILEY AVENUE RIGHT OF WAY (APPROXIMITLY 100' WIDE BY 595') FOR INTERESTS IN A PORTION OF ERIE COUNTY OWNED 152 BAILEY AVENUE PARKLAND WHEREAS: The Office of Strategic Planning and the Department of Public Works, Parks & Streets, Division of Engineering has recommended that the Common Council approve the abandonment and swap of a 1 00' x 595' portion of the Bailey Avenue Right of Way (located on Bailey Avenue between the Cazenovia Creek Bridge and Buffalo River Bridge) for a portion of Erie County owned 152 Bailey; and WHEREAS: Stropp Appraisal, Mr. Eriksen E. Stropp, and Emminger, Newton, Pigeon, Magyer, Inc. have estimated and appraised the respective fair market values of the various parcels and interests therein; and WHEREAS: The City Clerk has published a Notice of Public Hearing, as required by Chapter 21, Article 3, Section 29 of the General City Law. NOW, THEREFORE, BE IT RESOLVED: That after the public hearing is held and providing there are no significant objections, that the City of Buffalo Department of Public Works, Parks & Streets, in accordance with Article 27, Section 27 -5 of the City Charter is authorized to abandon and swap a 1 00' x 595' portion of the Bailey Avenue Right Of Way and 0.38 acre portion of the non right of way property at 150 Bailey Ave (the description of the City right of way being abandoned is on Exhibit A and the non right of way property being conveyed by the City is set forth on Exhibit B attached hereto) for the interests in a portion of Erie County owned 152 Bailey Avenue described on Exhibit C and Exhibit D attached hereto; The abandonment and swap of a portion of the Bailey Avenue Right Of Way is subject to the following conditions: 1. The Planning Board recommends and approves the abandonment and swap of the section of Bailey Avenue Right of Way described on Exhibit A (approximately 100' wide x 595' long) and portion of the property at 150 Bailey Ave for that portion of Erie County property described on Exhibit C and Exhibit D. 2. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council, and further providing that Erie County agrees to create, preserve and /or protect the City's access rights to the bridges across the other County property and /or allows or grants easements, as necessary, near and within the area to be swapped all in writing and as determined to be satisfactory in the discretion of the Department of Public Works, Parks & Streets and the City of Buffalo Corporation Counsel's Office. 3. Erie County agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works, Parks and Streets and the City of Buffalo Corporation Counsel's Office, 4. That the official closing /abandonment of the right of way described on Exhibit A to be conveyed and swapped will not become effective until the deeds conveying title to the respective properties are filed in the Erie County Clerk's Office and such other conditions deemed necessary as established by the City's Department of Public Works, Parks & Streets are satisfied. This Honorable Body further hereby: 1. Authorizes the Mayor to execute all the necessary documents including but not limited to the deed in order to effectuate transfer from the City to the County of title of the portion of Bailey Avenue described in Exhibit A and the portion of 150 Bailey Avenue described in Exhibit B (such deed to be in form and substance acceptable to the Corporation Counsel's Office); and 2. Authorizes pertinent City personnel to enter into all such agreements and to take such steps and actions as shall be reasonably necessary to achieve the parcel swap and to accept a deed and permanent easement interests from the County of Erie for purpose and objectives of all of the foregoing; and 3. Authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process the necessary documents, easements, access agreements, other agreements and /or modifications thereto all as shall be reasonably necessary to facilitate and implement the swap of the respective properties or interests therein and the bridges replacement project for the benefit of the City and creating and or reserving and or acquiring such easements and access rights all as are determined to be appropriate by the Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1409 BY: MR. FONTANA TRANSFER OF FUNDS - BROADWAY MARKET KITCHEN 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: 300000106 - 445100 General City Planning $47,500 To: 30322406 - 445500 Broadway Market Kitchen Design $47,500 PASSED AYES 8, NOES 0 NO. 1410 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON JULY 7, 2015 COUNCIL MEMBER DAVID A. FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION ENDORSEMENT OF OLD 1'` WARD COMMUNITY ASSOCIATION APPLICATION FOR FUNDING WHEREAS, The Old 1 sc Ward Community Association requests Common Council approval for its application to NYS Homes and Community Renewal for funding under the New York Main Street Technical Assistance Program; and WHEREAS, the Old 1 sc Ward Community Association, Inc. desires to apply for $300,000 in financial assistance through the 2015 Consolidated Funding Application (CFA) under the New York Main Street Downtown Stabilization Program; and WHEREAS, the application proposes funding to assist property owners to complete building renovations to buildings at 55 Chicago Street, Buffalo NY 14204; and WHEREAS, the proposed funding will contribute to ongoing community revitalization efforts along the Ohio Street Parkway; and WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo approves and endorses the 2015 New York Main Street Downtown Stabilization Program application for assistance for 55 Chicago Street to be prepared and to be submitted by Old 1 - ' Ward Community Association, Inc. PASSED AYES 8, NOES 0 NO. 1411 BY: FILLMORE DISTRICT COUNCIL MEMBER DAVID A. FRANCZYK WAIVE SPECIAL EVENT FEE AND PARK FEE FOR 24 ANNUAL "SPERRY PARK UNITY DAY" Whereas: On Saturday August 29, 2015, the Sperry Park Community Action Organization will host the 2W Annual "Sperry Park Unity Day" held at Sperry Park located at 166 -266 Sherman Street, Buffalo, New York; and Whereas: The purpose of Sperry Park Unity Day is to help strengthen our community and neighborhoods by offering free of charge activities that are both positive and recreational; and Whereas: This event will focus on the importance of self- respect and respect for others through education and recreation activities. Now, Therefore Be It Resolved: That the Common Council hereby requests that the park and Special Event fee be waived for the August 29, 2015 event "Sperry Park Unity Day; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events, and the Department of Public Works, Parks and Streets. PASSED AYES 8, NOES 0 NO. 1412 SPONSOR: MICHAEL J. LOCURTO 2015 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 16 through July 19 2015 on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 16th, 2015, to Sunday, July 19th, 2015 (4 days). 2. The hours of operation will be from 11:00 AM to 10:00 PM daily. 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival Will operate from just west of Delaware Ave. to just east of Crestwood Ave. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. 8. The Festival Committee will be eliminating most non -food vendors thereby re- focusing their attention on ethnic and cultural areas. Non -food vendors must complete an application and fulfill all the requirements of the application. The number of non -food vendors is limited and approval is granted on a first -come, first - served basis. Now, Therefore, Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2015 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1. The Festival shall be conducted on Hertel Avenue from July 16th, through July 19th, 2015, between the hours of 11:00 AM and 10:00 PM, with Tuesday, July 14th, 2015 after 6:00 PM and Wednesday, July 15th, 2015 to be used only as set up days, and Monday, July 20th, 2015, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and clogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; 4. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works, Parks and Streets; 5. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES 8, NOES 0 NO. 1413 SPONSOR: COUNCILMEMBER MICHAEL J. LOCURTO CO- SPONSOR: DAVID A. FRANCZYK WAIVE PERMIT FEES FOR THE 2015 BUFFALO INFRINGEMENT FESTIVAL Whereas, the Buffalo Infringement Festival is a non - profit- driven, grassroots endeavor bringing together a broad range of eclectic, independent, experimental, and thought - provoking arts of all forms; and, Whereas, visual, performing, musical, and media arts are housed in a multitude of venues in and around Buffalo's Allentown District, and various public spaces throughout the city of Buffalo, as the festival continues to grow, including Days Park and Delaware Park; and, Whereas, the festival is an annual eleven -day event running from the last weekend in July through the first weekend of August; and, Whereas, the event is organized by an ad -hoc committee whose members generously donate their time and talent to make this one -of -a -kind experience possible; and, Whereas, the City of Buffalo understands the unique opportunity the Buffalo Infringement Festival presents in creating a culturally rich and artistically vibrant community, Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby supports this event's mission and agree to waive the related permit and event fees associated with holding the 2015 Buffalo Infringement Festival from Thursday, July 23r Sunday, August 2 " 2015. Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 8, NOES 0 NO. 1414 BY: DARIUS G. PRIDGEN APPOINT LEGISLATIVE ASSISTANT MASTEN DISTRICT(GARLAND) Whereas: Frank Garland III has served as a Legislative Aide in the Masten District Common Council Office; and Whereas: Frank has demonstrated his hard work by taking an active role with constituents in the community; and Now, Therefore Be It Resolved; Frank Garland III is appointed to the title of Legislative Assistant to the Masten District Common Council Office. Darius G. Pridgen President - Buffalo Common Council Ellicott District Councilmember ADOPTED NO. 1415 SPONSOR: DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER BETHESDA COMMUNITY DEVELOPMENT CORPORATION APPLICATION FOR FUNDING Date: June 30, 2015 WHEREAS: Bethesda Community Development Corporation desires to apply for $398,263 in financial assistance through the 2015 Consolidated Funding Application (CFA) under the New York Main Street - Downtown Anchor Project; and WHEREAS: the application proposes funding to assist property owners to complete building renovations to a downtown "Main Street" building at 1373 Main Street in Buffalo; and WHEREAS: the proposed funding will contribute to ongoing community revitalization efforts; and WHEREAS: the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located. NOW, THEREFORE, BE IT RESOLVED: that the Common Council of the City of Buffalo approves and endorses the 2015 New York Main Street - Downtown Anchor Project for assistance prepared and to be submitted by Bethesda Community Development Corporation. ADOPTED NO. 1416 SPONSOR: DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER BUFFALO PLACE INC. NEW YORK MAIN STREET PROGRAM GRANT APPLICATION WHEREAS, The New York State Main Street Program provides financial resources to Business Improvement Districts to strengthen the economic vitality of traditional New York State Main Streets and neighborhoods; and WHEREAS, Buffalo Place Inc. is a not - for - profit corporation dedicated to improving the economic health and quality of life in downtown Buffalo, and the 24- block Buffalo Place business improvement district in the downtown Main Street corridor, and WHEREAS, Buffalo Place Inc., was awarded New York Main Street grants in 2006 and 2011 and successfully assisted properties in renovating facades and interiors of buildings in the 500 Block of Main Street and in the Theater District; and WHEREAS, Buffalo Place will submit a New York Main Street Program grant application focusing on rejuvenating the 400 & 500 Blocks of Main Street, including Main, Washington and Pearl Streets between West Huron Street and Court Street /Lafayette Square, and WHEREAS, A New York Main Street Program grant in the 400 — 500 Blocks of Main Street would maximize expected development opportunities for long vacant and underutilized properties adjacent to the Cars Sharing Main Street project; and WHEREAS, A New York Main Street Program grant in the 400 & 500 Blocks is consistent with the goals of the Buffalo Building Reuse Project and the award winning Queen City Hub Strategic Plan for Downtown Buffalo for increased building occupancy, growth of a downtown residential neighborhood and 24/7 activity; and WHEREAS, gap financing from sources such as the New York Main Street Program has been essential to making downtown renovation projects economically feasible. NOW, THEREFORE, BE IT RESOLVED THAT, The Common Council of the City of Buffalo enthusiastically endorses the Buffalo Place Inc. 400 & 500 Block New York Main Street Program application for a New York Main Street Program Grant and calls upon the State of New York to give every consideration to funding this very important project. ADOPTED NO. 1417 BY COUNCIL PRESIDENT PRIDGEN SUPPORT THE DISPOSITION OF WOODSON GARDENS BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY Whereas The Woodson Gardens property comprised of three parcels in the city of Buffalo located 172, 180 and 161 East North Street is owned by the Buffalo Municipal Housing Authority ( "BMHA "); and Whereas Woodson Gardens is currently vacant undeveloped land; and Whereas The BMHA has been consulting with officials from the City of Buffalo on the prospective disposition of Woodson Gardens: and Whereas The BMHA will be consulting with its Resident Advisory Board about the contemplated disposition of the subject property and the disposition application before submission to HUD's Special Applications Center; and Whereas There are no resident organizations at this development in light of its vacant and undeveloped status; and Whereas Recently, the United States Department of Housing and Urban Development ( "HUD "), assessed the BMHA with a low financial performance indicator, which has a direct adverse effect on its overall performance; and Whereas The BMHA's overall financial assessment will be positively impacted by transferring all net sale proceeds of Woodson Gardens to its Federal Public Housing developments currently in operation; and Whereas The BMHA is requesting adoption of this resolution, demonstrating the Buffalo Common Councils support of this sale; and Whereas The disposition of Woodson Gardens and net proceeds infusion into its existing Federal Public Housing developments will improve BMHA's financial indicators and directly benefit its Public Housing operations; and Now, Therefore Be It Resolved that the City of Buffalo Common Council." 1.) Hereby supports the BMHNs sale and disposition of Woodson Gardens. ADOPTED NO. 1418 BY: MR. PRIDGEN TRAILBLAZING SIGN REQUEST FOR JAMES "PAPPY" MARTIN Whereas: Trailblazing signs otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: James "Pappy" Martin was born on May 27, 1933 in Asheville, North Carolina to parents John Whit and Emogene (McCorkle) Martin.; and Whereas: As a youngster he displayed such a serious, contemplative personality that he was given the nickname, Pappy, which remained with him for the rest of his life; and Whereas: The family moved to Niagara Falls, New York where Pappy enjoyed a childhood interacting with his close knit family and neighborhood. He spent much of his early years enjoying the benefits of a myriad of activities, such as membership in the Boy Scouts and several sports teams; and Whereas: Pappy married Kay Marable and to this union, five children were born: Dawn, James "Jay ", Denise, David and Damon; and Whereas: Pappy began his began his music as a trumpet player, later switching to bass; and Whereas: Pappy was very dedicated to his pursuit of music and became a local jazz icon, He played with such greats as Aretha Franklin, Ruth Brown, Johnny Griffin, Billy Taylor Betty Carter, and Al Hibbler among others; and Whereas: As a renowned band leader and musician, he played at legendary places like the Little Harlem, Pine Grill, Bon Ton, Revilot, Royal Arms, Moon Glow Shalimar, Town Casino, Ontario House and Blue Note among others; and Whereas: As life moved forward, his value for education motivated him to earn a Bachelor's of Science degree in Psychology from Daemen College and a Master's degree in Generalist and Students with Disabilities from Buffalo State College. He worked 25 years at the West Seneca Developmental Center as a youth coordinator; and Whereas: As a community activist, Pappy was very dedicated to lifting the lives of others in his community. He founded the Love Supreme School of Music that not only focused on instrumental music lesson, but also, music theory and the science of music; and Whereas: His Love Supreme School of Music has launched the careers of many local and national musicians; and Whereas: The General Bass /Pappy Martin Tennis Program at MLK has taught hundreds the art of tennis. He co- founded the Masten Jazz Festival 20 Years ago and to this day it's a summer mainstay in Buffalo; and Whereas: His dedication to community is evident by volunteer work with various groups; and Whereas: James "Pappy" Martin entered into rest March 12, 2015; and Now, Therefore It Be It Resolved; That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the corner of East Park and Fillmore Avenue proclaiming this portion of East Park as James "Pappy" Martin way. Be It Finally Resolved: That the Department of Public Works is directed to erect these signs to this effect once all fees associated with the posting of a trailblazing sign have been satisfied. PASSED AYES — 8 NOES - 0 NO. 1419 BY: MR. PRIDGEN TRAILBLAZING SIGN REQUEST FOR ED PARSON SR. Whereas: Trailblazing signs otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Ed Parson Sr. was born May 13, 1931 in South Carolina; and Whereas: Ed came to Buffalo in 1940. He would later attend Emerson High School; and Whereas: Ed would go to own Ed's Dry Cleaners on Broadway Avenue and Rhandpren's Lounge on Peckham Street for many years; and Whereas : Ed was the first African American to serve on the Muny softball board and was deputy commissioner of the Buffalo Metro Division of the American Softball Association; and Whereas: Ed was a longtime sponsor of various sports teams in the city, he started the Buffalo Tavern Owners Softball League in 1959, which is the forerunner of the league that now bears his name; and Whereas: In addition, he was a sponsor of a black firefighters organization, the East Side Tavern Owners Association and very active in Democratic politics. Whereas: Ed Parson Sr. died April 10, 1991. Now, There It Therefore Be Resolved, That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing signs at the entrance of the Glenny Park softball field and the exit proclaiming this Ed Parson St. field. Be It Finally Resolved, The Department of Public Works us directed to erect these signs to this effect once all fees associated with posting of a trailblazing have been satisfied. PASSED AYES — 8 NOES - 0 NO. 1420 SPONSOR: MR. PRIDGEN WAIVE PARK RENTAL AND SPECIAL EVENTS FEES FOR THE PEACE AND NONVIOLENCE FESTIVAL Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required or regulated under the provisions of the City Charter; and Whereas: The annual Peace & Nonviolence Festival to End the Violence Labor Day Walk & Cookout will take place on Labor Day, Monday, September 7 th 2015; and Whereas: This event will celebrate those organizations working to reduce violence in our communities and around the world while recognizing the injustice at home and around the world that engender violence; and Now, Therefore Be It Resolved, That the Common Council of City of Buffalo respectfully request that Department of Special Events, Departments of Permits and Inspections, and the Department of Public Works waive fees applicable for The Annual Peace & Nonviolence Festival to End the Violence Labor Day Walk & Cookout; and Be It Further Resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events PASSED AYES — 8 NOES - 0 NO. 1421 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN WAIVE PERMIT FEE FOR THE CHRISTIAN REVOLUTION PARADE Whereas The El Shaddai will be having their 18 annual parade; and Whereas Beginning 12 noon - 2PM on Saturday, August 29, 2014, the Children's Parade is free and open to the general public; and Whereas Hot dogs, hamburgers, sandwiches, beverages, and water will be served raider the tent at Tops, located at 425 Niagara Street; and Whereas: In the event of rain, the event will be held at the El Shaddai Church, 27 Bremen Street Now, Therefore, Be It Resolved: That the Common Council commends El Shaddai in their effort to promote the Children's Parade involving 14 local West Side area churches; and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works. PASSED AYES — 8 NOES - 0 NO. 1422 SPONSOR: COUNCIL MEMBER DAVID RIVERA RE: APPROVAL OF BUFFALO NEIGHBORHOOD STABILIZATION CO., INC.'S CONSOLIDATION FUNDING APPLICATION Whereas, the Buffalo Neighborhood Stabilization Co. Inc ( "BNSC ") desires to apply to the 2015 Consolidated Funding Application ( "CFA ") under the New York Main Streets Downtown Anchor Program; and Whereas, the application proposes funding to preserve and stabilize the building at 417 Massachusetts Avenue; and Whereas, the building will contain six affordable apartments, the West Side Value Laundromat, and the WASH Project; and Whereas, 417 Massachusetts is an anchor of Buffalo's West Bide, providing affordable, quality services, and vital community space to the neighborhood; and Whereas, the proposed funding will contribute to ongoing community revitalization efforts; and Whereas, the grant application requires that BNSC obtain the approval and endorsement of the governing body of the municipality in which the project will be located. Now, Therefore Be It Resolved, that the City of Buffalo Common Council approves BNSC's CFA application to NYS Homes and Community Renewal under the New York Main Streets Downtown Anchor Program; and Be It Further Resolved, the Council endorses BNBC's application and project to preserve and stabilize 417 Massachusetts Avenue. PASSED AYES — 8 NOES - 0 NO. 1423 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR PUSH S "SOLAR JAM: BRINGING POWER TO THE PEOPLE" Whereas, People United for Sustainable Housing ( "PUSH ") is a non - profit agency located at 271 Grant Street in the City of Buffalo; Whereas, PUSH serves its neighborhood by providing free community events and activities aimed at building morale amongst neighbors and celebratinatheir accomplishments; and Whereas, on July 11, 2015 PUSH will be holding an event "Solar Jam: Bringing Power to the People" event at Massachusetts Avenue Park, a City of Buffalo park; and Whereas, the event will feature live music, roller skating, and information on how to bring solar energy to a home or neighborhood. Resolved that the City of Buffalo Common Council- - 1.) waives the fees associated with this event; and 2.) request a copy of this resolution be sent to the Parks Division of the Department of Public Works, Parks, and Streets and the Mayor's Office of Special Events. PASSED AYES — 8 NOES - 0 NO. 1424 SPONSOR: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR USE OF TOSH COLLINS COMMUNITY CENTER IN ORDER TO TRAIN ELECTION INSPECTORS Date: July 29, 2015 WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and WHEREAS: In order for elections to run smoothly, Election Inspectors need to be properly trained to successfully perform their duties throughout election time; and WHEREAS: The Commissioner of Elections and his office will hold this training from July 20 through July 24th; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events waive all applicable event fees for the use of Tosh Collins Community Center on the aforementioned dates; and BE IT FURTHER RESOLVED, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events PASSED AYES — 8 NOES - 0 NO. 1426 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 14- PARKING 1076 - PARKING VIOLATIONS BUREAU The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 14- 1075 - Parking- Parking Violations Bureau which currently reads: 1 Contract and specifications Clerk $39,490 - $45,082 4 Junior Traffic Clerk $33,022 - $36,290 Is hereby amended to read: 5 Junior Traffic Clerk $33,022 - $36,290 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, KEVIN HELFER, COMMISSIONER OF PARKING AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES — 8 NOES - 0 BY: MR. WYATT NO. 1426 BUDGET AND PERSONNEL AMENDMENT 03- EXECUTIVE OFFICE 1619 - CITIZEN SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 -1519 Executive Office - Citizen Services is hereby amended to read: 1 Confidential Secretary $45,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, AND DONNAJ. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES — 8 NOES — 0 NO. 1427 BY: COUNCIL MEMBER RASHEED N.C. WYATT DISCHARGE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEMS: NO. 2101 OCT 14 D. SMITH - ARTICLE- CONCERNS RE CATCO CO NO. 43 APR 30 L. ROSS - MILL - OVERLAY AND STREETSCAPE PROJECT - FILLMORE AVE N. PARADE & E. FERRY NO. 94 SEPT 18 D. SMITH -LP CIMINELLI - MWWBE PROJECT INFORMATION NO. 40 FEB 7 D. SMITH -D. PETERSON - CONCERNS STATE POLICIES FOR MINORITY AND WOMEN OWNED BUSINESSES NO. 43 FEB 7 D. SMITH - ARTICLE -MORE BLACK ENTREPRENEURS NO. 54 OCT 4 D. SMITH - REQUEST; UPDATE ON SMALL BUSINESS ASSISTANCE PROGRAM FOR INNER CITY BUS. NO. 49 APRIL 5R. GRABER -EC LEG LOCAL LAWS GOVERNING MINORITY AND WOMEN BUS. UTILIZATION RES 101 MAR 22 MWBE UTILIZATION GOALS & MINORITY AND WOMEN WORKFORCE PART WITHIN JSCB PROJECT (EXC., RES) NO. 62 JULY 27A. THOM PSON-M BE/WBE FORUM NO. 54 NOV 12 D. SMITH - WORKFORCE DEV AND DIVERSITY PROGRAM AGREEMENT NO. 49 JULY 8R. COLES- CORRESPONDENCES RE ARCHITECT FOR JSCB PROJECT NO. 46 SEPT 21 D. SMITH - QUESTIONS- CONSERVATION INCENTIVE PROGRAM COM 15 JUNE 26 DIVERSITY HIRING GOALS(COMPT) NO 84 DEC 12 A. THOMPSON EQUAL OPPORTUNITY SECTION 3 PROGRAM( #60, 10/5) RES 153 APRIL 4 REQ FOR COB TO PERFORM MWWBE UTILIZATION DISPARITY STUDY COM 50 APRIL 18 REQ FOR COB TO PERFORM MWWBE UTILIZATION DISPARITY STUDY(BD OF ED) COM 7 MAY 2 REQ FOR COB TO PERFORM MWWBE UTILIZATION DISPARITY STUDY(STRAT PLAN) NO. 55 JULY 10 M. KEARNS- SEWING TECHNOLOGY INC Whereas: The above items are currently in the Minority Business Enterprise Committee; and Whereas: It is no longer necessary for these items to be considered by that committee, therefore we request Minority Business Enterprise Committee be dissolved; and Whereas: The above items be considered for the Minority and Women- owned Enterprise Task Force; and Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Minority Business Enterprise Committee from further consideration of the above listed Items, which are now before the Common Council for its consideration for the Minority and Women -owned Business Enterprise Task Force. ADOPT DISCHARGE. REFERRED TO MINORITY WOMEN BUSINESS ENTERPRISE TASK FORCE NO. 1428 BY COUNCIL MEMBER WYATT EXPLAINING THE SPECIAL EVENTS APPROVAL PROCESS Whereas, special events are events that draw large numbers of people, affecting public property or requiring City support services; Whereas, these events often result in concerns for emergency responder access and other concerns relating to the health, safety and welfare of the public; Whereas, these events also contribute to the economic viability of The City and quality of life of its citizens; and Whereas, it is essential that the policies and procedures established for governing these events are well understood by the various departments of The City: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- - 1) Requests the Special Events Coordinator to appear at a meeting of the Community Development Committee to be held on July 14, 2015 to clarify the current structure and procedures of Special Events operations. ADOPT RESOLVES. REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1429 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. Jade Alfonso Jacob Jaskula Bogusia Carroll Danielle L. Mingo Tawana Nicole Richardson Total: 5 ADOPTED NO. 1430 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. James C. Thomas Jr. TOTAL:1 ADOPTED NO. 1431 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 14, 2015 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 14, 2015 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 14, 2015 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 14, 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. NO. 1432 ADJOURNMENT On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the Council adjourned at 2:35 PM GERALD A. CHWALINSKI CITY CLERK