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HomeMy WebLinkAbout15-0721NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO JULY 21, 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 21, 2015 FINAL MAYOR 1431- A.Memorandum of Agreement With Buffalo PBA CS MAYOR - EXECUTIVE 1432- 1. Cit Serv- Submission of Monthly Report June 2015 R &F 1433- 2. Pres Bd- Expand City Honors Local Landmark Designation to Include Property Bound by East North Street, Michigan St and Masten Ave(to set pub hrg) LEG 1434- 3. Strat Plan- Permission to Designate Developer Gates Circle Holdings LLC for Parking Garage Located 1277 Delaware(Ell) APP 1435- 4. Strat Plan- Permission to Designate Developer Impacto Consulting Assoc LLC for 18,19,21,35,37,50,52,55,56, &62 Edna, 102 Best, 73,85,89,113,& 119 Dodge and 1178 & 1188 Michigan for Multi Family Residential Units & Mixed Use Space(Ell) APP 1436- 5. Strat Plan- Permission to Purchase Ford F -350 Pick -Up Truck with Fisher Plow APP W /COND 1437- 6. Strat Plan -PILOT Agmt Btwn COB, EC and Parkview Apts Housing Dev Fund - APP 1438- 7. Strat Plan -Renew Lease Agmt Btwn COB and USA Acting Through the US Coast Guard in Reference to Strawberry Island(North) APP 1439- 8. Strat Plan- Report of Sale 169 & 171 Cherry(Ell) R &F,RE 1440- 9. Strat Plan- Report of Sale 161 West Ferry(Nia) APP 1441- 10. Strat Plan- Report of Sale 1226 Genesee & 20 Spiess(Masten) APP 1442- 11. Strat Plan- Report of Sale 372 Hickory(Ell) CD 1443- 12. Strat Plan- Report of Sale 109 Oxford(Ell) APP 1444- 13. Strat Plan- Report of Sale 3 St. Francis(North) APP 1445- 14. Strat Plan- Report of Sale 647 Walden(Ell) APP 1446- 15. Strat Plan- Report of Sale 251 Vermont(Nia) APP 1447- 16. Rescind Sale & Forfeit Deposit 420 Busti(EII) APP PUBLIC WORKS 1448- 17. Notification of Serials #10866 -10898 (waive 45 days) R &F 1449- 18. Change in Contract Bflo Fire Depart Engine #21 New Emergency Generator(Mas) APP 1450- 19. Change in Contract Erie Basin Marina -The Hatch Phase II HVAC(Fill) APP 1451- 20. Meal on Wheels Continued Pk Bldg Use Tosh Collins CC APP 1452- 21. Permission to Accept Funds and Enter Agmt with BSA and COB Wtr Bd Colvin Estates Phase II(Del) APP 1453- 22. Permission to Enter Agmt and Accept Improvements to ROW Development of Riverbend Commerce PK APP 1454- 22A Permission to Enter Agreenment W /NYSPA and Renew 5 Cities Energy Mngt Grant APP 1455- 22B Permission to Enter Agmt W NYSPA for 5 Cities Grant BuildSmart NY APP 1456- 23. Permission to Enter Agmt(s) w /NYS Power Auth and Solar Liberty to Receive Improvement at Tosh Collins CC(South) APP 1457- 24. Permission to Enter Agmt w /Time Warner Cable Broadway Mkt(Fill) APP 1458- 25. Permission to Hire Engineering Consultant and Enter Agmts as Needed for Erie Basin Marina Improvements(Fill) APP 1459- 26. Permission to Provide Funds and Enter Agmts with City of Lackawanna Resurfacing South Park, Dorrance to Nason(South) APP 1460- 27. Purchase /Trade /Auction of Truck APP 1461- 28. Report of Bids A District Renovations Phase 2(South) APP 1462- 29. Report of Bids A District Prkg Lot Reconstr(South) APP 1463- 30. Report of Bids Butler Pk Restoration of Stone Walls(South) APP 1464- 31. Report of Bids Cazenovia Pool Roof Reconstruction (South) APP 1465- 32. Report of Bids CMS WiFi Antenna Install, Various Schools APP 1466- 33. Report of Bids Coca Cola Field Seating, Phase 2(Ell) APP 1467- 34. Report of Bids Colvin Estates Rd Constr Phase II APP 1468- 35. Report of Bids Crane Library New Roof(Del) APP 1469- 36. Report of Bids Delaware Pk Shakespeare Hill Improv APP 1470- 37. Report of Bids MLK Jr. Pk Casino Phase II Reconstr(Masten) APP 1471- 38. Report of Bids Niagara Library Bldg Rehab & Elevator Upgrades(Nia) APP 1472- 39. Report of Bids Police HQ New Roof, Phase 1(Fill) APP 1473- 40. Report of Bids Ross Ave Reconstr- Tonawanda to Condon APP 1474- 40A. Report of Bids - Request to Consider Award to 2 nd Bidder - Citywide Mill & Overlay APP 1475- 40B Report of Bids - Municipal Solid Waste Transfer Services -East Side Transfer Station(Lov) APP W /COND 1476- 41. Steel Canopy Within City ROW 255 Delaware(Ell) APP 1477- 42. Study of Telecom munications -NYS R &F 1478- 43. Time Warner - Charter Communications R &F 1479- 44. Trade in of Vehicle APP 1480- 45. Appoint Heavy Equipment Operator(Prov)(Inter)(Montalvo Jr) CS 1481- 46. Appoint Water Service Inspector (Prov)(Inter)(Marshall) CS POLICE LEG,CPBD 1487- 1482- 47. Approval to Purchase New Police Vehicles APP 1483- 48. Permission to Accept (2) New 2014 Personal Watercraft Plus One Trailer From 1519- 80. R. Sanders, Agent, Use 658 Ohio to Erect a 1 Story Steel Manufacturing Addition Pre - Arraigned Female Arrestees NYS Office Of Parks, Recreation and Historic Preservation APP 1484- 49. Permission to Accept 2015 State Homeland Security Funding APP 1485- 50. Permission to Accept 2015 Stonegarden Funds APP FIRE McKinley Special Zoning District(Hrg 07 /28)(South) 1486 51. Purchase Firefighting Agent "FireAde 2000" APP CORPORATION COUNSEL LEG,CPBD 1487- 51A Amstar of WNY, Inc v COB -Index No 2015 - 802623 APP 1488 52. Extension of the Lock -Up Agmt Btwn COB and EC for the Handling of LEG,CPBD 1519- 80. R. Sanders, Agent, Use 658 Ohio to Erect a 1 Story Steel Manufacturing Addition Pre - Arraigned Female Arrestees APP PERMITS AND INSPECTIONS District(Hrg 07 /28)(South) 1489- 53. Dance Hall 75 Main St(Fill) APP 1490- 53A Mobile Food Truck -291 Seneca-Chef's(Ell) APP 1491- 53B Sidewalk Cafe 1264 Hertel(Del) APP 1492- 54. Used Car Dealer 878 Bailey(Fill) APP W /COND 1493- 55. Used Car Dealer 1322 Bailey(Lov) LEG PARKING 1494- 56. Agmt Btwn City and Ber- National Automation for Operation and Service of 13 Pay Stations on Ellicott St /BNMC Area APP 1495- 57. City Takeover of Impounded Car APP HUMAN RESOURCES 1496- 57A Contract with Inquiries Inc - 1/1/15 to 1/1/16 FIN CITY CLERK 1497- 58. Items returned by Mayor without Approval /Disapproval -June 23 R &F 1498- 59. Application for Restricted Use Permit -69 W. Chippewa 7/30/15 APP 1499- 60. Application for Restricted Use Permit -69 W. Chippewa 8/13/15 APP 1500- 61. Liquor License Applications R &F 1501- 62. Leaves of Absence R &F 1502- 63. Reports of Attendance R &F 1503- 64. Notices of Appointments - Council Interns ADOPT 1504- 65. Notices of Appointment - Seasonal R &F 1505- 66. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 1506- 67. C. Meadows - Concerns Discrimination and Toxic Waste ENV MNGT COMM 1507- 68. GBNRTC - NYSDOT Plans to Change Highway Functional Classification of RT198 R &F 1508- 69. M. Jaeger -Town of Amherst Zoning Bd of Appeals Reg: 73 Greenaway Rd, Amherst R &F 1509- 70. NYSDEC - Cleanup Brownfield Site Contamination 500 Seneca St R &F 1510- 71. NYSDEC - Remedial Investigation Pilgrim Village Redev 903 Ellicott R &F 1511- 72. NYSDEC- Remedy Proposed Brownfield Site Contamination - 766 New Babcock R &F 1512- 73. NYSDEC- Remedy Proposed Brownfield Site Contamination -500 Seneca R &F 1513- 74. T. Sick - Appealing Preservation Bd Decision for 728 Linwood LEG 1514- 75. J. Steinwandel- Letter of Resignation R &F PETITIONS 1515- 76. M. Anderson, Agent, Use 3149 Main -For Expansion of a Restaurant in the Transit Station District, and for Sidewalk Use(Hrg 07 /28)(Univ) LEG,CPBD 1516- 77. T. Cowan, Owner, Use 468 Abbott -New Owners Bar /Restaurant in the Abbot/ McKinley Special Zoning District(Hrg 07 /28)(South) LEG,CPBD 1517- 78. T. Cowan, Owner, Use 451 Elmwood -New Owner Restaurant to Erect an Addition To the Restaurant and Use Parking Lot for Outdoor Patio(hrg 07 /28)(Nia) LEG,CPBD 1518- 79. H. Syed, Owner, Use 42 Breckenridge aka 36 Mason - Create 1 Family Unit in a 3 Story Masonry Mixed Use Industrial Bldg in the Niagara Coastal Special Review District (hrg 07 /28)(Nia) LEG,CPBD 1519- 80. R. Sanders, Agent, Use 658 Ohio to Erect a 1 Story Steel Manufacturing Addition To the Rear of a Metal Working Plant in the Buffalo Coastal Review District(Hrg 07 /28)(South) LEG,CPBD 1520- 81. K. Scritchfield, Agent, Use 125 Washington to Install a Full Use Double LED Billboard(Hrg 07/28)(Fill) LEG,CPBD,ZONING 1521- 82. D. Thomas & O- Petition for Stop Sign at Rosedale and Roesch Avenue PW RESOLUTIONS 1570- 82A Fontana LL Intro# 2- Amending the Charter in Relation to Investment of General Monies Not Immediately Required LEG 1571- 82B Fontana,etc Remaining Lots After Demolition CD,EDPI 1572- 83. Fontana Support of Gerard Place's Application for Comm Renewal Funding Under NY Main St Downtown Anchor Program ADOPT 1573- 84. Golombek,etc Move School Board Elections to November ADOPT 1574- 85. Pridgen Alleviating Fruit Belt Parking Concerns CD 1575- 86. Pridgen Appoint Marriage Officer(Golombek) ADOPT 1576- 87. Pridgen Appoint Marriage Officer(Smith) ADOPT 1577- 87A Pridgen Waiver of Band Shell Fee for the Friendship Missionary Baptist Church Anniversary APP 1578- 87B Pridgen Waiver of Permit Fees for Chalk Fest APP 1579- 87C Pridgen Waiver of Permit Fees for Restore Comm March and Rall APP 1580- 87D Pridgen Waive Park Fees for Ellicott Mall Reunion Community Day APP 1581- 87E Pridgen Waiver of Permit Fees for Puerto Rican Day Parade APP 1582- 87F Pridgen Waiver of Park Fees For Youth Empowerment and Family Fun Day APP 1583- 88. Pridgen Waive Park Rental and Special Events Fee for Various Events APP 1584- 88A Rivera Waiver Park Shelter & Green Space Fee for Open Bflo Press Conference & Community Cookout APP 1585- 88B Rivera Waiver of Block Party Permit Fees for National Night Out APP 1586- 89. Rivera Waiver of Fees for "Eid at the Park" APP 1587- 90. Rivera Waiver for Primera Iglesia Metodista Unida's Christian Youth Festival APP 1588- 90A Scanlon App and Endorse Old 1 sc Ward CC Application to NYS Homes and Comm Renewal Funding Main St Tech Program APP 1589- 91. Wyatt Budget and Personnel Amendment -City Clerk APP 1590- 92. Wyatt Budget and Personnel Amendment - Parking Violations Bureau APP 1591- 93. Wyatt Budget and Personnel Amendment - Zoning APP 1592- 93A Wyatt Budget and Personnel Amendment - Public Works APP 1593- 94. Wyatt University District Comm Dev Assoc Application for NY Main Street Technical Assist Program ADOPT 1594- 94A Wyatt Appoint Legislative Assistant -City Clerk's Office(Johnson) ADOPT 1595- 95. Wyatt Comm of Deeds Public Duties ADOPT 1596- 96. Wyatt Comm of Deeds ADOPT 1597- 97. Wyatt Felicitations in Memoriam ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE July 7 1531- 1522- 1.15 -1340 Com July 7 Appoint Real Estate Specialist (Prov)(Interm)(Carroll)(Strat Plan) APP 1523- 2.15 -1341 Com July 7 Appoint Traffic Agency Clerk(Perm)(Sedore)(Traff Vio) APP 1524- 3.15 -1342 Com July 7 Appoint Traffic Agency Representative (Perm)(Lesniak)(Traff Vio) APP 1525- 4. 15 -1343 Com July 7 Appoint Super Traffic Agency Representative ((Perm) 1526- 5. 15 -1357 Com July 7 1527- 6. 15 -1358 Com July 7 1528- 7. 15 -1359 Com July 7 1529- 8.15 -1362 Com July 7 1530- 9.15 -1363 Com July 7 1531- 10.15 -1364 Com July 7 1532- 11. 15 -1365 Com July 7 1533- 12.15 -1366 Com July 7 1534- 13.15 -1367 Com July 7 1535- 14.15 -1375 Com July 7 1536- 15.15 -1376 Com July 7 1537- 16.15 -1383 Com July 7 FINANCE APP Appoint Detective (Temp)(Flat)(Smith)(Pol) 1538- 17.15 -1377 Com July 7 COMMUNITY DEVELOPMENT 1539- 18. 15 -1428 Res July 7 1540- 19.15 -1226 Com June 23 1541- 20.15 -1122 Com June 9 LEGISLATION 1542- 21. 15 -1350 Com July 7 1543- 22.15 -1408 Res July 7 1544- 23.15 -1386 No July 7 1545- 24.15 -1387 No July 7 1546- 25.15 -1388 No July 7 1547- 26.15 -1389 No July 7 1548- 27.15 -1403 No July 7 (McAleer)(Traff Vio) APP Appoint Assistant Wtr Distribution Super(Inter)(McManus)(PW) APP Appoint Chief Pumping Plant Engineer(Prov)(Max)(Kumro)(PW) APP Appoint Filtration Plant Maint Supervisor I (Temp)(Inter) 31.15 -943 Com (Gurbacki)(PW) APP Appoint Detectives(Perm)(Flat)(Harris, Sanchez, Zanghi, May 12 Heitzchaus, Neureuther, Herbert(Pol) APP Appoint Detective (Temp)(Flat)(Smith)(Pol) APP Appoint Detective Sergeant (Temp)(Flat)(Sanford)(Pol) APP Appoint Police Captain(Cont Perm) (Flat)(Rosenwie III)(Pol) APP Appoint Police Lieutenants (Perm)(Flat)(Maraschiello, Walker, Zipp, Williams, Labby)(Pol) APP Appoint Police Lieutenant(Cont Perm) (Flat)(Garris, Banaszak)(Pol) APP Appoint Building Inspector(Perm) (5 Step)(Grundy)(EDPI) APP Appoint Director of Workforce Employment & Training (Exempt)(Smith)(Comm Serv) APP Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F Contract Extension Be Well Case Management for IOD Police and Fire(HR)(Month to Month) Explaining the Special Events Approval Process(exc res)(Wyatt) POLICE O/S 2015 Annual Action Plan -2015 BURA Sub Recipient Agmt(Strat Plan) RECOMMIT Evergreen Lofts Supportive Apt, PILOT Project(Strat Plan) RECOMMIT Abandonment and Land Swap with EC of a Portion of Bailey Avenue ROW And Portion of 150 Bailey Ave For Interests in a Portion of County Owned 1549- 28.15 -1305 No June 23 1550- 29.15 -1173 No June 9 1551- 30.15 -1175 No June 9 1552- 31.15 -943 Com May 12 1553- 32.15 -949 Com May 12 1554- 33.15 -188 Com Feb 3 1555- 34.15 -105 No Jan 20 1556- 35.14 -2473 No Dec 9 1557- 36. 14 -1986 No Sept 30 1558- 37. 14 -1987 No Sept 30 1559- 38. 14 -1485 No July 8 1560- 39. 14 -1401 No June 24 152 Bailey For Bailey Avenue Bridges(PW) R &F Approval of The Abandonment and Parcel Swap and Results of Negotiations For a Portion of the Bailey Avenue ROW for Interest in a Portion of Erie County Owned 152 Bailey Avenue Parkland(Hrg 07 /21)(Fontana) APP 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)_APP 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) APP 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 Bldgs(hrg 07 /14)(North) RECOMMIT M. Massimi, Owner, use 860 Niagara for a New Owner of a Second Hand Store(hrg 07 /14)(Nia) APP R. Cortright, Agent, Use 456 Elmwood, For a Takeout Only Restaurant In an Existing Minimart in the Elmwood Ave Business District (hrg 06/30)(Nia)( #15- 1282,06/23) APP Sidewalk Cafe 1487 Hertel Ave( #15- 1157,6/9)(Del)(EDPI) (front patio app 6/23) RECOMMIT J. Golombek -M. Silbak- Concerns Affordable Cable R &F D. Pridgen- Review and Improve Application Process -Food Trucks R &F Food Store License(New) -2419 Seneca (South)(EDPI) R &F Used Car Dealer -1261 Hertel(Del)(EDPI) APP W /COND Amendment of Linwood Preservation District to Include 1524 & 1526 Main St(Strat Plan) R &F M. LoCurto- Articles Concerning Municipal Broadband R &F S. Hodala- Concerns Re The Green Code CD J. Golombek -S. Stepniak- Response Reg E. Taublieb Concerns for Agmt Btwn COB and Smith Boys R &F S. Hodala- Concerns Green Code CD D. Smith -Lamar Adv- Concerns Green Code in Regards to Billboards - ID Application for Landmark Status High St Historic District(195,204,225 High) (Pres Bd)(Pub Hrg 6/3)( #14- 975,5/13)( #14 - 1286,6/10) RECOMMIT 1561- 40. 14 -1318 Res June 10 Proposed Amendments to Ordinances Re Fire Safety(Wyatt) R &F 1562- 41. 14 -1272 No June 10 Used Car Dealer -303 Hopkins(South)(EDPI)( #14 -1125, May 27) R &F 1563- 42. 14 -1138 No May 27 J. Anderson - Community Involvement Influences Policy Decisions R &F 1564- 43. 14 -790 Com Apr 15 Used Car Dealer -426 Abbott(South)(EDPI) APP 1565- 44. 13 -63 No Nov 26 M. LoCurto -H. Raess & O- Parkside Ave Traffic Calming Petition R &F 1566- 45. 13 -51 No Oct 1 D. Pridgen -Sen. Kennedy Authorizes a Pilot Residential Pkg Permit Sys in COB R &F 1567- 46. 12 -105 Res May 29 Resident Parking Permits Bflo Niagara Medical Campus (exc final res)(Pridgen) R &F 1568- 47.13 -89 Res Nov 13 Ordinance Amendment -Ch 511 Zoning- Downtown Ent District R &F 1569- 48.10 -73 Res Dec 28 Ord Amend Ch 197 - Responsible Tobacco Product Retailing R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JULY 21, 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 July 7, 2015 were approved FROM THE MAYOR NO. 1431 MEMORANDUM OF AGREEMENT WITH THE BUFFALO POLICE BENEVOLENT ASSOCIATION, INC. Attached hereto is a Memorandum of Agreement that we have reached with the Buffalo Police Benevolent Association, Inc. ( "PBA ") to cover the period from Fiscal Year 2009 -2010 through and including Fiscal Year 2018 -2019, subject to your Honorable Body's approval. The contract satisfies each of the goals we had developed in approaching the City's longest standing labor dispute. Namely, (1) making the next generation of Police Officers larger stakeholders in our community and keeping investment in our City by mandating a residency requirement going forward; (2) reasonably providing for modest increases in salaries earned by PBA members, while limiting back pay and interest arbitration costs; (3) restructuring the wage scale in a way that provides for a lower starting salary for Police Officers and more gradual increases through a sensible step system; and (4) phasing out the 901 health insurance plan. RESIDENCY REQUIREMENT Our first priority in contract negotiations was to do something to increase Police Officers' stake in our community by being the first major city in New York State to achieve a police residency requirement. We believe this will not only improve the level of service to our citizens, but also promote residential reinvestment in our City and further the City's unprecedented revitalization. Over the course of their 20 -plus year careers, Police Officers earn well over $1.5 million in salary alone. For too long, a large number of Police Officers have invested their resources in surrounding communities from the very start of their careers. As a result, the City has not realized the benefit that these stable middle class incomes provide or the stability that results from requiring public safety personnel to reside in our neighborhoods. The Memorandum of Agreement includes a requirement that all PBA members hired after ratification shall be domiciled residents of the City at the time of their hire and shall remain domiciled residents of the City for a period of seven (7) years. The City will seek an extension of this requirement for a longer period of time in successor agreements. The residency requirement distinguishes the City of Buffalo as the only major city in New York State with a residency requirement for its Police Officers. REASONABLY PROVIDING FOR MODEST SALARY INCREASES WHILE LIMITING BACK PAY Another priority was to seize upon the fiscally prudent management exercised by the City's management team over the years, in providing reserves for the settlement of this contract with the PBA. The Memorandum of Agreement contemplates very modest annual retroactive increases in salary going back to fiscal year 2012 -2013, and contemplates no retroactive increase in longevity payments until July 1, 2015. When compared to the likely results of interest arbitration awards for the unsettled contract years, the limited retroactivity of this contract is significant and provides the necessary reserves to finance any increased wage costs not canceled out by the savings achieved through concessions. This forward- thinking approach makes the PBA the fourth major union to enter into a long -term contract with the City in the past two (2) years and ends the stalemate that existed and resulted in increased arbitration costs and a strained union - management relationship since the wage freeze was lifted. RESTRUCTURING THE WAGE SCALE An additional priority was to restructure the wage scale for newly hired Police Officers going forward. History has demonstrated that the vast majority of our new hires stay in service for at least twenty (20) years and retire honorably from it. Therefore, it did not make financial sense to increase the wage scale without adding steps that would lengthen the time it will take new hires and future Police Officers to reach the top step. The starting salary was also lowered to provide a direct correlation between experience levels and wages earned throughout each of the stages of a Police Officer's career. Going forward, newly hired Police Officers will have a seven (7) step wage scale, which includes a starting salary that is equal to 60% of the top step that can be earned by a Police Officer. Upon successful completion of their first year of service, Police Officers will receive a salary that is equal to 70% of the top step that can be earned by a Police Officer. Upon completing their second year of service, Police Officers will move into the first of the five (5) additional steps, moving up one step. upon the completion of each year of service thereafter until they reach the top salary step for the positon. The savings realized by this restructuring of salaries will help to responsibly finance the transition of the Department, as Police Officers who have served the City for long and successful careers retire from the top step and are gradually replaced by Police Officers who will reach the top step after serving for seven (7) years. We found that the proposed wage scale is fair, reasonable, and will provide long term fiscal stability and certainty for the City. PHASING OUT THE 901 HEALTH INSURANCE PLAN A final priority was to phase out the 901 health insurance plan, which, as your Honorable Body is aware, is the most costly health insurance plan used by City employees. The PBA was the only remaining collective bargaining unit in which new hires were still offered the opportunity to enroll in the 901 health insurance plan. Pursuant to the Memorandum of Agreement, no member of the PBA hired after ratification shall be entitled to enroll in the 901 health care plan, providing immediate premium cost savings to the City as new hires come online. MILITARY CREDIT PROVISIONS There are two (2) provisions of the Memorandum of Agreement that provide for changes regarding use of service credits by United States Military Veterans. These changes are both fiscally prudent and sensible. Members of the PBA who served in the United States Military who have been Honorably Discharged or who are still serving in the military will receive three (3) days off with pay for each calendar year which are earned on Independence Day, Veteran's Day and Memorial Day. The majority of military personnel, active and retired, who are employed by the Police Department already earn these three (3) days and this provision will afford the same benefit to all members who have honorably served our Country. Similarly, the Memorandum of Agreement allows for any PBA member who has purchased their active duty military service time and credited it toward their New York State pension service credits, to have that same amount of time credited to their service lime with the Buffalo Police Department for the purposes of being eligible for retirement benefits. Previously, members may have been eligible to retire after purchasing military service time to count toward their 20 years in the New York State Retirement System, but were not eligible for health insurance in retirement as they had not yet served 20 years within the Buffalo Police Department. The Memorandum of Agreement harmonizes the Collective Bargaining Agreement with the New York State Retirement System regulations. CONCLUSION This Contract Agreement represents the fourth major long -term union contract reached within the past two (2) years. The Agreement represents a priority- driven approach to effective contract negotiation, by providing the City with long term fiscal stability and certainty, while achieving meaningful reforms that will improve City services. I am proud to state confidently that this Agreement paves the way for the long term health and stability of the Buffalo Police Department and for the City of Buffalo. The proposed Memorandum of Agreement has been ratified by a vote by the PBA members and will be reviewed by the Buffalo Fiscal Stability Authority on July 29% I, therefore, respectfully request that your Honorable Body forward this item to the Finance Committee and consider if after the Buffalo Fiscal Stability Authority meeting on July 29% but before August recess officially begins if you are so inclined. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE MAYOR EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1432 SUBMISSION OF MONTHLY REPORT FOR JUNE 201 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for June 2015, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 1433 REPORT AND RECOMMENDATION FROM THE BUFFALO PRESERVATION BOARD TO THE BUFFALO COMMON COUNCIL RE: EXPAND THE CITY HONORS LOCAL LANDMARK DESIGNATION TO INCLUDE THE PROPERTY BOUND BY EAST NORTH STREET, MICHIGAN STREET AND MASTEN AVENUE 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 site offers the City of Buffalo, City Honors and the Buffalo Niagara Medical Campus. It is one of the last open green spaces in the area and offers recreational opportunities to the school as well as employees and patients in the medical campus. The landmark designation will recognize this site as being a former Olmsted Park, a front lawn and playfield to the original Masten Park High School and it will be respectful of the fact it was a cemetery with many remains still buried there, 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., Expansion of the District will also give the residents in this section the opportunity to have more input into the proposed development of the Buffalo Niagara Medical campus as any work abutting or impacting a historic district will require some level of public review with respect to how it may impact the historic fabric of a designated district. This type of involvement is certainly less at present time. A public hearing to review the application was held by the Buffalo Preservation Board at its July 9, 2015 meeting and the Preservation Board unanimously voted based on the application and public input to recommend expansion of the District. 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 properties meet 5 of the 9 criteria for designation as a Local Landmark. It should be noted that these criteria are in addition to those determined for City Honors when it was initially landmarked in 1980 -1981. : (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. The site history parallels that of the city from the time the fledgling city was dealing with a cholera epidemic through the development of Buffalo's Olmsted designed park system and finally the growth of the Buffalo Public Schools. (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. The site has served as a Potter's Field and most likely contains the remains of Buffalonians who succumbed to cholera in the mid -19th century. It was a public park designed by Frederick Law Olmsted and it was part of the original site and front lawn of City Honors at Fosdick Masten Park, one of Buffalo's oldest and respected schools. (4) It is defined with a person or persons who significantly contributed to the development of the city, state or nation. The site is identified with Frederick Law Olmsted, Joseph Masten, Graduates of Masten Park High School, Fosdick Masten High School, Girls Vocational High School and City Honors at Fosdick Masten Park (6) it is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the City, state or nation. The site was originally developed as a public park by world renowned landscape architect Frederick Law Olmsted while he was designing the Buffalo parks and parkway system, one of the most extensive in the world. (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. City Honors at Fosdick Masten Park elaborate detailing, glistening white terra cotta and siting on one of the highest points in Buffalo has made the building a visual landmark since it was constructed. The loss of its "front lawn" in 1977 greatly diminished this view shed. With the removal of the unsympathetic housing the building has regained the stature it formerly had. Respectfully submitted, Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE OFFICE OF STRATEGIC PLANNING NO. 1434 PERMISSION TO DESIGNATE DEVELOPER GATES CIRCLE HOLDINGS LLC AS DEVELOPER FOR THE CITY -OWNED PARKING GARAGE LOCATED AT 1277 DELAWARE AVENUE, BUFFALO, NY 14202 ( "PROPERTY ") ELLICOTT DISTRICT The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Division of Real Estate ") has received a request from Gates Circle Holdings LLC ( "Developer "), with a mailing address of 2760 Kenmore Avenue, Tonawanda, NY 14150 to purchase and /or lease the above captioned Property. The Designated Developer status for the Property provides the Developer with exclusive rights to negotiate a contract with the City of Buffalo ( "City ") for the Real Property interests in the Property until this Agreement is terminated or another agreement is entered into between the parties for the disposition of the Property. The City may not negotiate for or transfer any real estate interest in the Property unless and until this Agreement is terminated or superseded by another agreement between the Parties. The Developer intends to utilize the city -owned garage located at 1277 Delaware Avenue to provide parking for commercial tenants, residents, and visitors to the new mixed -use development on the site of the former Millard Fillmore Gates Circle Hospital, located at 3 Gates Circle ( "Site "). Reactivation of the parking garage is critical to this adjacent redevelopment effort. To date, the Developer has completed a significant amount of work to redevelop the Site, including the abatement and demolition of several of the existing hospital buildings. The Developer intends to enter into a lease or other disposition of the real property interests of the Property with the Division of Real Estate to Operate the parking garage for the benefit of the Site (a "lease ", "Land Disposition Agreement" or "LDA "). If a lease, it will contain an option to purchase the Property. Under any scenario, if the Developer elects to purchase the Property, the purchase price for the Property will be $1.7 million ( "Purchase Price ") based upon the appraisal prepared by Gregory C. Klauk of the KLW Appraisal Group and approved by the City of Buffalo Appraisal Review Board pursuant to Article 27 of the Charter of the City of Buffalo. A lease with an option to purchase will provide for an updated appraisal, at Developer's own expense, if the option to purchase is exercised after five (5) years or more from the date the lease commences. The Division of Real Estate respectfully requests that Your Honorable Body designate Gates Circle Holdings LLC as the Developer, and /or a corporation, partnership, or other legal entity to be designated by Gates Circle Holdings LLC and approved by the City of Buffalo, as the Developer of the Property for a period of eighteen (18) months, with the option of the Executive Director of the Office of Strategic Planning to extend for an additional twelve (12) month period. The Developer and the City shall use their best efforts to negotiate a mutually agreeable LDA or lease with option to purchase within the timeframe specified in this designation. Notwithstanding the foregoing, the Developer shall have no recourse to the City and /or the Property if an agreement is not reached during the designated period. The designated developer status for the Property will provide Gates Circle Holdings LLC 'with exclusive rights to negotiate a LDA or lease with option to purchase with the Division of Real Estate for the Property. This Agreement is subject to, but not limited to the following terms and conditions. a. Developer shall maintain the exterior grounds maintenance in the form of snow and ice removal, grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. Developer shall provide indemnity access agreement and insurance. b. Weekly reporting by the Developer to the City of site activity. c. Submission of monthly progress reports by the Developer to the Division of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. d. Prior to the expiration of the designation, the Developer shall negotiate and execute a LDA or lease with option to purchase for approval by the Common Council. e. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Division of Real Estate prior to Common Council approval of a LDA. f. Upon approval of Designated Developer status by the Common Council, payment by the Developer to the Office of Real Estate a non- refundable deposit in the amount of Twenty Five Thousand Dollars ($25,000), payable within seven days from the date of designation. Should the Developer execute a LDA or lease with option to purchase the Property, this deposit shall be applied as a credit toward the lease payments or purchase price. g. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by the Developer, payable within seven days from the date of designation and due thereafter the first day of every month. Should the Developer execute a LDA or lease with option to purchase the Property, this deposit shall be applied as a credit toward the lease payments or purchase price. h. Submission by the Developer to the Division of Real Estate of evidence of equity capital and /or mortgage financing necessary to lease or purchase the Property. i. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance holding the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. j. That the Developer, or an entity to be designated by the Developer and approved by the City, sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, upon the transfer of the Property to Developer from City. k. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer seventy -two (72) hours to cure. The designation and the Developer's Designation Agreement will expire eighteen (18) months from the date the Common Council approves the designation, unless it is extended at the option of the Executive Director of the Office of Strategic Planning for an additional twelve (12) month period. If the designation expires, the Developer shall have no recourse to the City and /or to the Property. I am requesting that your Honorable Body approve the designation of Gates Circle Holdings LLC, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Council for final approval agreements for the transfer of title. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 16, 2015, be received and filed; That the Common Council hereby designates Gates Circle Holdings LLC, 2760 Kenmore Avenue, Tonawanda, New York 14150 (the "Developer ") as the Developer, and /or a corporation, partnership, or other legal entity to be designated by Gates Circle Holdings LLC and approved by the City of Buffalo, as the Developer of the property for a period of eighteen (18) months, with the option of the Executive Director of the Office of Strategic Planning to extend for an additional twelve (12) month period to utilize the City -owned garage located at 1277 Delaware Avenue to provide parking for commercial tenants residents, and visitors to the new mixed -use development on the site of the former Millard Fillmore Gates Circle Hospital, located at 3 Gates Circle ( "Site "), subject to, but not limited to the following terms and conditions: a. Developer shall maintain the exterior grounds maintenance in the form of snow and ice removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. Developer shall provide indemnity access agreement and insurance. b. Weekly reporting by the Developer to the City of site activity. C. Submission of monthly progress reports by the Developer to the Division of Real Estate by the fifth (5 th) of each month, beginning in the month following this designation. d. Prior to the expiration of the designation, the Developer shall negotiate and execute a Land Disposition Agreement ( "LDA ") or lease with option to purchase for approval by the Common Council. e. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Division of Real Estate prior to Common Council approval of a LDA. Upon approval of Designated Developer status by the Common Council, payment by the Developer to the Office of Real Estate a non- refundable deposit in the amount of Twenty -Five Thousand Dollars ($25,000.00), payable within seven (7) days from the date of designation. Should the Developer execute a LDA or lease with option to purchase the property, this deposit shall be applied as a credit toward the lease payments or purchase price. g. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by the Developer, payable within seven (7) days from the date of designation and due thereafter the first day of every month. Should the Developer execute a LDA or lease with option to purchase the property, this deposit shall be applied as a credit toward the lease payments or purchase price. h. Submission by the Developer to the Division of Real Estate of evidence of equity capital and /or mortgage financing necessary to lease or purchase the property. i. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement, by each and every contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the property for Developer's intended use, and /or presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1808 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsei's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. j. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them. k. The Developer, or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Strategic Planning) sole discretion. I. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer seventy -two (72) hours to cure. m. The designation and the Developer's Designation agreement with expire eighteen (18) months from the date of Common Council approves the designation, unless it is extended at the option of the Executive Director of the Office of Strategic Planning for an additional twelve (12) month period. If the designation expires, the Developer shall have no recourse to the City and /or to the property. That the Common Council hereby approves the designation of Gates Circle Holdings LLC, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced property on the above terms and conditions; and that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the development of the property, and forward to the Common Council for final approval agreements for the transfer of title. PASSED AYES — 8 NOES - 0 NO. 1435 PERMISSION TO DESIGNATE DEVELOPER IMPACTO CONSULTING ASSOCIATES, LLC ( "DEVELOPER ") FOR 18, 19, 21, 36,37 50 52 55; 56 & 62, EDNA, 102 BEST, 73, 85 89 113 & 119 DODGE AND 1178 & 1188 MICHIGAN FOR APPROXIMATELY 50 MULTI FAMILY RESIDENTIAL UNITS & MIXED USE SPACE FOR COMMERCIAL /RETAIL (THE "PROPERTY ") ELLICOTT DISTRICT The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Office of Real Estate ") has received an application from Eunice A. Lewin, President of Impacto Consulting Associates, LLC (Developer), with a mailing address of 425 Michigan Avenue, Buffalo, New York, 14203 to purchase the above captioned Property. The Developer is proposing to construct approximately multi - family residential units and some mixed use space for commercial /retail use. The total project costs have not been determined. The Developer will seek funding as follows: private activity bond financing through New York State Housing Financing Agency and /or the Erie County Industrial Development Agency with supplemental soft debt financing to be obtained from the New York State Homes & Community Renewal. Developer will also work with private financing resources to secure permanent financing for the Project. Definitive amounts of each element of such financing will be refined as the Project is more fully designed and finalized. The Office of Strategic Planning respectfully requests that Your Honorable Body designate Impacto Consulting Associates, LLC and /or a corporation, partnership or other legal entity to be designated by Impacto Consulting Associates, LLC as Developer and approved by the City of Buffalo, Office of Strategic Planning as Developer of the Property subject to but not limited to the following terms and conditions: a. The designation will expire twelve (12) months from the date the Common Council approves the designation. b. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. C. Submission by the Developer of a detailed site plan of the project for the properties at 18— 19, 21, 35, 37, 50, 52, 55, 56 &62, Edna, 102 Best, 73, 85, 113 & 119 Dodge and 1178 & 1188 Michigan for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. d. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. e. Submission of a colored rendering of the Property suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common Council approval. f. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5 th) of each month, beginning in the month following this designation. g. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. h. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Developer to the City, payable within five (5) days from the date of Common Council Approval of the designation and due thereafter the first day of every month. In the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said option fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. i. In addition to the designation fee the Developer will also be responsible for maintenance of the grounds in the form of snow removal, grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.). j. Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CE.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision; order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. k. That the Developer, or an entity to be designated by the Developer and approved by the City, sign an Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability. I. The contract of sale will require that the Developer, or an entity to be designated by Developer and approved by the City of Buffalo, provide the City of Buffalo with any easements, rights and access arrangements, that may be necessary, satisfactory to the City in their sole discretion. M. Upon signing of the contract for sale, there shall be a payment by the Developer to the City of Buffalo a non - refundable deposit, in the amount of ten percent (10 %) of the agreed upon Purchase Price. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. n. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation. o. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. Equal Employment and MM/BE Provisions As an added community benefit of the project, the City has required Impacto Consulting Associates to pursue, and all indications are that it will be met, a minority workforce goal of 25 %, a woman workforce goal of 5 %, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost. Employment Objective Impacto Consulting Associates have agreed to achieve or through business tenants of their project to give preference to persons residing within the limits of the City of Buffalo when filling employment vacancies or hiring new employees, in accordance with the City's desire to promote development of business within the City of Buffalo and or increase employment opportunities for Buffalo residents. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Redeveloper two (2) weeks to cure. The purchase price of the Property shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer ( "Purchase Price "), which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. I am requesting that your Honorable Body approve the designation of Impacto Consulting Associates, LLC with a mailing address of 425 Michigan Avenue, Buffalo, New York, 14203, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City of Buffalo, as Developer of the above referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale /LDA and any other necessary agreements for the development of the project on the Property; and that the Contract of Sale /LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 14, 2015, be received and filed; That the Common Council hereby designates Impacto Consulting Associates, LLC, with a mailing address of 425 Michigan Avenue, Buffalo, New York 14203 (the "Developer ") and /or a corporation, partnership, or other legal entity to be designated by Impacto Consulting Associates, LLC and approved by the City of Buffalo, Office of Strategic Planning, as the Developer of property located at 18, 19, 21, 35, 37, 50, 52, 56 and 62 Edna, 102 Best, 73, 85, 89, 113 and 119 Dodge, and 1178 and 1188 Michigan for approximately fifty (50) multi- family residential units and mixed use space for commercial /retail (the "Property ") subject to, but not limited to the following terms and conditions: a. The designation will expire twelve (12) months from the date the Common Council approves the designation. b. The successful negotiation of a Land Disposition Agreement ( "LDA ") for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. Submission of the Developer of a detailed site plan of the project for the properties at 18, 19, 21, 35, 50, 52, 55, 56 and 62 Edna, 102 Best, 73, 85, 113 and 119 Dodge and 1178 and 1188 Michigan for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. d. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinances of the City of Buffalo. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract and sale and prior to Common Council approval. f. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division &Real Estate by the fifth (5t' of each month, beginning in the month following this designation. g. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. h. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. IN the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale, said option fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. i. In addition to the designation fee, the Developer will also be responsible for maintenance of the grounds in the form of snow removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage, bottles, etc.) j. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A.), 42 USC ss 9601 et seq.; The Hazardous Materials Transportation Act, as amended, 49 USC ss 1808 et seq.; The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsei's Office and signed by the City of Buffalo prior to any and all Contractors accessing the Property. k. That the Developer, or an entity to be designated by the Developer and approved by the City, sign an Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability. I. The Contract of Sale will require that the Developer, or an entity to be designated by Developer and approved by the City of Buffalo, provide the City of Buffalo with any easements, rights and access arrangements that may be necessary, satisfactory to the City in their sole discretion. m. Upon signing of the Contract of Sale, there shall be a payment by the Developer to the City of Buffalo a non - refundable deposit, in the mount often percent (10 %) of the agreed upon purchase price; the purchase price to be established in accordance with Article 27 of the City of Buffalo Charter. n. Individuals and /or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them, will not be eligible for designation. o. The designation and the Contract of Sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. p. That the Developer complies with the City's requirement to pursue a minority workforce goal of 25 %, a woman workforce goal of 5 %, a minority owned business enterprise (MBE) utilization goal of 25% and a women owned business enterprise (WBE) utilization goal of 5% of the project construction cost. q. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. r. The purchase price of the Property shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer, which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approved by the Common Council. That the Common Council hereby approves the designation of Impacto Consulting Associates, LLC, and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced property on the above terms and conditions; and that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the Contract of Sale /LDA and any other necessary agreements for the development of the project on the Property, and that the Contract of Sale /LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES — 9 NOES — 0 NO. 1436 REQUEST TO PURCHASEFORD F -360 PICK UP TRUCK WITH FISHER PLOW The Division of Real Estate is requesting permission to purchase: 2015 Ford F -350 4 X 4 SD Crew Cab 8' Box 172" WB Single Rear Wheel XL (W3B) Retail Price is $48,650.00; NYS Contract Price is $32,715.93 Fisher Plow 66" Stainless Steel Extreme Vee Plow for Truck $7,060.00 Total $39,775.93 This will be a take home vehicle assigned to Wendell Whitaker, 25 Parkside, Buffalo, NY 14214. The vehicle will be used outside business hours to answer alarm calls to City owned Capital Assets. Funds for this purchase will come out of: Object: 10314007 Org: 474200 Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 15, 2015, be received and filed; and That the Common Council hereby authorizes the Director of Real Estate to purchase one (1) 2015 Ford F -350 4 X 4 SC Crew Cab 8' Box 172" WB Single Rear Wheel XL (W3B) pickup truck with a Fisher Plow 66" Stainless Steel Extreme Vee plow. This will be a take home vehicle assigned to Wendell Whitaker and will be used outside business hours to answer alarm calls to City -owned capital assets. Funds for this purchase will come out of Object: 10314007, Orig.: 474200. Conditions purchase of the F350, include the condition that the city must obtain the state contract bid price for the snow plow. Apparently the price given for the plow was too high. PASSED W /COND AYES — 8 NOES - 0 NO. 1437 PARKVIEW APARTMENTS HOUSING DEVELOPMENT FUND CORP., THE "TAXPAYER" AND PARKVIEW APARTMENTS OF BUFFALO, LLC THE "COMPANY ". Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Parkview Apartments Housing Development Fund Corp., And Parkview Apartments Of Buffalo, LLC. The Parkview Apartments rehabilitation of twenty six (26) units consisting of fourteen (14) one bedroom units, eight (8) two bedroom units and four (4) three bedroom units. The 26 unit affordable housing multi - family property targeted towards tenants earning at or below 60% of the Area Median Income (AMI). Six (6) of the units will be set -aside for tenants earning at or below 30% AMI, nineteen (19) of the units will be set -aside for tenants earning at or below 50% AMI, and one (1) of the units will be set -aside for tenants earning at or below 60% AMI. Parkview Apartments of Buffalo, LLC will purchase the property from the existing owner and has been awarded Tax Credit financing from NY State Homes and Community Renewal. After the sale a renovation of the property with a focus on energy efficiency and long -term sustainability of the property. Parkview Apartments ( "Parkview ") will be located at 769 -781 Best St in the City of Buffalo. The existing building, former Public School 59, is being sold to new ownership Parkview Apartments of Buffalo, LLC in the near future. Parkview will provide housing that will be affordable to income - qualified households who earn 60% of the area median income or less. Parkview will undergo substantial renovations utilizing green technology including new energy efficient windows, boilers, lights and appliances. The total development cost is projected to be $7,726,252.00. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 —A) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr. Rivera moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 10, 2015, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, Parkview Apartments Development Fund Corp. and Parkview Apartments of Buffalo, LLC. The project includes the rehabilitation of twenty -six (26) units consisting of fourteen (14) one - bedroom units, eight (8) two - bedroom units, and four (4) three - bedroom units. The 26 unit affordable housing multi - family property is targeted towards tenants earning at or below 60% of the Area Median Income ( "AMI "). Six of the units will be set aside for tenants earning at or below 30% AMI, nineteen of the units will be set aside for tenants earning at or below 50% AMI, and one of the units will be set aside for tenants earning at or below 60% AMI. The total development cost is projected to be $7,726,252.00. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. PASSED AYES — 8 NOES — 0 NO. 1438 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE UNITED STATES OF AMERICA ACTING THROUGH THE UNITED STATES COAST GUARD IN REFERENCE TO USE OF STRAWBERRY ISLAND NORTH DISTRICT CCP# 5, 7/20/2010 The Office of Strategic Planning, Division of Real Estate, has received a request from M.A. Bournonville, Lieutenant Commander, Chief, Planning Section of the United States Coast Guard who has submitted the attached License for Strawberry Isle UR RR LT which renews their lease. The United States Coast Guard maintains a light on Strawberry Island. The light serves as a navigational aid for boaters. The License Agreement original expired on September 30, 1995 and was subject to termination and renewal rights by mutual agreement from the City and the U.S. Coast Guard, annually, up to 20 years provided notice be given in writing to the City at least 30 days before expiration. This is their renewal request to renew this lease Real Estate commencing on October 1,2015 and expiring on September 30, 2034. The U.S. Coast Guard shall pay consideration of $500.00 annually in arrears and will be responsible for the maintenance, operation replacement and repairs. This office recommends that Your Honorable Body renew this agreement for an additional twenty (20) year period commencing on October 1,2015 and expiring on September 30, 2034, all other terms and conditions shall remain the same. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said agreement and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 14, 2015, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to renew the lease agreement between the City of Buffalo and the United States Coast Guard for the use of Strawberry Island on which the United States Coast Guard maintains a light used as a navigations aid for boaters. The current lease expires on October 1, 2015, and this request is being made to renew the lease for an additional twenty (20) year period commencing on October 1, 2015 and expiring on September 30, 2034. All other terms and conditions of the expired lease shall remain. The United States Coast Guard shall pay consideration of %500.00 annually in arrears and will be responsible for the maintenance, operation replacement and repairs. That the Common Council hereby authorizes the Corporation Counsel to prepare the necessary documents to renew said lease and that the Common Council hereby authorizes the Mayor to execute the same. PASSED AYES — 8 NOES — 0 NO. 1439 REPORT OF SALE 169 CHERRY- VACANT LOT 65 NE SPRING LOT SIZE:25' X 75' ASSESSED VALUE: $1,400 (ELLICOTT DISTRICT) REPORT OF SALE 171 CHERRY- VACANT LOT 90 NE SPRING LOT SIZE: 26'X 125' ASSESSED VALUE: $1,600 (ELLICOTT DISTRICT) The Office of strategic Planning, Division of Real Estate has received a request from Brian Gelfand, on behalf of Upstate Tower, LLC., 4915 Auburn Avenue Suite 200, Bethesda, MD 20814, to purchase 169 and 171 Cherry. Upstate Tower, LLC., would like to purchase the lots to construct a communication tower and green space.. Mr. Gelfand has provided proof of financial ability to complete the purchase and construction. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Ninety Five Cents ($.95) per square foot. Mr. Gelfand has agreed and is prepared to pay Eighty Five Cents ($.85) per square foot for each parcel for a total of Four Thousand Two Hundred Dollars ($4,200) for the above referenced properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 169 and 173 Parade East for the amount of Four Thousand Two Hundred Dollars ($4,200) to Mr. Brian Gelfand on behalf of Upstate Tower, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. RECEIVED AND FILED, REFERRED TO THE DIRECTOR OF REAL ESTATE NO. 1440 REPORT OF SALE 161 WEST FERRY- VACANT LOT 25 E PLYMOUTH LOT SIZE 26'X 83' ASSESSED VALUATION: $2,400 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Main Almadhari, 24 Dewitt, Buffalo, New York 14213 to purchase 161 West Ferry. He intends to use the property for additional parking for his adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar Fifty Cents ($1.50) per square foot. Mr. Almadhari has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500), One Dollar Twenty Two Cents ($1.22) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 161 West Ferry to Mr. Almadhari in the amount of Two Thousand Five Hundred Dollars ($2,500). 1. Mr. Almadhari agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mr. Almadhari agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Main Almadhari, 24 Dewitt, Buffalo, New York 14213, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 161 West Ferry be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES - 0 NO. 1441 REPORT OF SALE 1226 GENESEE- VACANT LOT 133 SW SPIESS LOT SIZE 33' X201' ASSESSED VALUATION: $1,100 (MASTEN DISTRICT) REPORT OF SALE 20 SPIESS- VACANT LOT 180 N GENESEE LOT SIZE 30'X 145' ASSESSED VALUATION: $1,200 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Rev. Reginald E. Kerr, on behalf of Temple of Christ Church, 1230 Genesee Buffalo, New York 14211 to purchase 1226 Genesee and 20 Spiess. He intends to use the property for additional green space for his adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Seventy Cents ($70) per square foot. Rev. Kerr has agreed and is prepared to pay Four Thousand Nine Hundred Dollars ($4,900) for the subject properties. I am recommending that Your Honorable Body approve the sale of 1226 Genesee and 20 Spiess to Rev. Kerr in the amount of Four Thousand Nine Hundred Dollars ($4,900). 1226 Genesee and 20 Spiess June 15, 2015 1. Rev. Kerr agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Rev. Kerr agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Rev. Reginald E. Kerr, on behalf of Temple of Christ Church, 1230 Genesee Street, Buffalo, New York 14211, in the amount of Four Thousand Nine Hundred Dollars ($4,900.00) for the purchase of 1226 Genesee and 20 Spiess be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City 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 — 8 NOES - 0 NO. 1442 REPORT OF SALE 372 HICKORY, 100' N OF BROADWAY LOT SIZE: 60'X 150' ASSESSED VALUATION: $2,300 (EILICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David Cleghorn, Vice President of Real Estate on behalf of H.E.L.P. Development Corporation, 5 Hanover Square, 17 Floor, New York, New York 10004 to purchase 372 Hickory. H.E.LP. Dev. Corp. intends to build approximately 47 housing units for low to moderate income families. Of the 47 housing units 15 of them will be set aside for homeless veterans. H.E.L.P. Dev. Corp. has a purchase agreement to acquire 362, 366 & 368 Broadway from a private owner. The property at 372 Hickory is needed to make the site viable for the project. The project budget totals $12,381,353. Funding includes $1,750,000 From Homeless Housing and Assistance Program, $2,862,387 of Housing Trust Fund (HTF) and $743,754 of Low - Income Housing Credit (LIHC) to assist them in the 47 affordable residential housing units. The balance of the funding will come from a construction loan H.E.L.P. Dev. Corp. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Five Cents ($.35) to Eighty Cents ($.80) per square foot. H.E.L.P. Dev. Corp. has agree and is prepared to pay Three Thousand Three Hundred Dollars ($3,300), Forty -Four Cents (.44) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 372 Hickory Street to H.E.L.P. Development Corporation, or an entity to be designated by H.E.LP. Development Corporation, in the amount of Three Thousand Three Hundred Dollars ($3,300). July 13, 2015 Re: Report of Sale 372 Hickory I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1443 REPORT OF SALE 109 OXFORD - VACANT LOT 124 N BALCOM LOT SIZE 40'X 116' ASSESSED VALUATION: $3,800 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Vanessa R. Walker, 111 Oxford, Buffalo, New York 14209 to purchase 109 Oxford. She intends to use the property for additional green space for her adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Five Cents ($75) to Two Dollars ($2.00) per square foot. Mrs. Walker has agreed and is prepared to pay Four Thousand Two Hundred Dollars ($4,200), Ninety Cents ($.90) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 109 Oxford to Mrs. Walker in the amount of Four Thousand Two Hundred Dollars ($4,200). 1. Mrs. Walker agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mrs. Walker agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Mrs. Vanessa R. Walker, 111 Oxford, Buffalo, New York 14209, in the amount of Four Thousand Two Hundred Dollars ($4,200.00) for the purchase of 109 Oxford be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and that the purchaser agrees to provide a signed full release and indemnity to the City 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 — 8 NOES — 0 NO. 1444 REPORT OF SALE 3 ST. FRANCIS - VACANT LOT 271'S HAMILTON LOT SIZE: 34'X 100' ASSESSED VALUE: $3,900 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Walter Hirsch Jr. and Sharon A. Hirsch, 5 St. Francis Street, Buffalo, New York 14207 to purchase 3 St. Francis. Mr. and Mrs. Hirsch own property in the surrounding area. They would like to purchase the lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Cents ($.60) to One Dollar Fifteen Cents ($1.15) per square foot. Mr. and Mrs. Hirsch have agreed and are prepared to pay One Dollar ($1.00) per square foot for a total of Three Thousand Four Hundred Dollars ($3,400) for the above referenced property They have also agreed to pay for the cost of the transfer tax and recording fees. June 15, 2015 Report of Sale 3 St Francis I am recommending that Your Honorable Body approve the sale of 3 St. Francis for the amount of Three Thousand Four Hundred Dollars ($3,400) to Mr. and Mrs. Hirsch. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Mr. Waiter Hirsch, Jr. and Ms. Sharon A. Hirsch, 5 St. Francis Street, Buffalo, New York 14207, in the amount of Three Thousand Four Hundred Dollars ($3,400.00) for the purchase of 3 St. Francis be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES — 0 NO. 1445 REPORT OF SALE 647 WALDEN - VACANT LOT 81 E BRINKMAN LOT SIZE: 41'X 141" ASSESSED VALUE: $2,300 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Buffalo Islamic Cultural Center 737 Walden, Buffalo, New York 14211 to purchase 647 Walden Avenue to use for additional parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to One Dollar ($1.00) per square foot. Buffalo Islamic Cultural Center has agreed and is prepared to pay Seventy Eight Cents ($78) per square foot for a total of Four Thousand Five Hundred Dollars ($4,500) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. June 15, 2015 Report of Sale 647 Walden I am recommending that Your Honorable Body approve the sale of 647 Walden for the amount of Four Thousand Five Hundred Dollars ($4,500) to Buffalo Islamic Cultural Center. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Buffalo Islamic Cultural Center, 737 Walden, Buffalo, New York 14211, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 647 Walden be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 8 NOES — 0 NO. 1446 REPORT OF SALE 261 VERMONT- VACANT LOT WEST COR NORMAL LOT SIZE 36'X 99' ASSESSED VALUATION: $4,800 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Carrie Nader, 329 Plymouth, Buffalo, New York 14213 to purchase 251 Vermont. She intends to use the property for additional green space for her adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to One Dollar Fifty Cents ($1.50) per square foot. Ms. Nader has agreed and is prepared to pay Five Thousand Dollars ($5,000), One Dollar Forty Cents ($1.40) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 251 Vermont to Ms. Nader in the amount of Five Thousand Dollars ($5,000). Ms. Nader agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees Ms. Nader agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 9, 2015, be received and filed; That the offer from Ms. Carrie Nader, 329 Plymouth, Buffalo, New York 14213, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 251 Vermont be and hereby is accepted; and That the purchaser agrees to pay for all closing costs associated with the transfer of title, including, but not limited to, transfer tax and recording fees, and that the purchaser agrees to provide a signed full release and indemnity to the City 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 — 8 NOES — 0 NO. 1447 RESCIND SALE & FORFEIT DEPOSIT 420 BUSTI (ELLICOTT DISTRICT) ITEM NO. 63, C.C.P. 4/30/2013 In the above referenced item Your Honorable Body approved the sale of 420 Busti to John P. Koerner and Christina M. Higgins of 422 Busti Avenue, Buffalo, New York 14201 in the amount of $3,000.00. John Koerner and Christina Higgins were advised by letter on July 10, 2013 and December 2, 2014 to contact this office in order to schedule the closing for the transfer title of 420 Busti. In December 2014 the purchasers requested an extension to close. Once again on April 6, 2015 and May 27, 2015 the purchasers were sent notices to contact this office to schedule the closing for the transfer of title. The letter dated May 27, 2015 also indicated that if they did not close prior to June 18, 2015 the sale would be rescinded and their deposit in the amount of $300.00 would be forfeited. Neither John Koerner nor Christina Higgins made an attempt to contact this office close on said property. As a result, the Office of Strategic Planning, Division of Real Estate is recommending that Your Honorable Body approve to rescind the sale of 420 Busti, John Koerner and Christina Higgins forfeit their deposit of Three Hundred Dollars ($300) and the property located at 420 Busti be returned to our inventory for future sale Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 13, 2015, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 420 Busti to John P. Koerner and Christina M. Higgins of 422 Busti Avenue, Buffalo, New York, and the deposit of Three Hundred Ten Dollars ($300.00) down payment is forfeited, and that the property be returned to inventory for future sale. PASSED AYES — 8 NOES — 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1448 NOTIFICATION SERIAI # 10866 REPEAL ALTERNATE PARKING - TYPE II ASHLAND AVENUE BETWEEN POTOMAC AVENUE AND FOREST AVENUE ( DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Ashland Avenue, east side 9:00 a.m. - 4:00 p.m.. between Potomac Avenue Thursday, Friday and Forest Avenue Ashland Avenue, west side 9:00 am — 4:00 pm between Potomac Avenue Monday, Tuesday, Wednesday and Ashland Avenue NOTIFICATION SERIAL # 10867 INSTALL ALTERNATE PARKING - TYPE 11 ASHLAND AVENUE BETWEEN POTOMAC AVENUE AND FOREST AVENUE ( DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 alder 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 Ashland Avenue, east side 9:00 a.m.— 4:00 p.m. Between Potomac Avenue Thursday, Friday and Forest Avenue November 15 — April 1 Ashland Avenue, west side between Potomac Avenue and Ashland Avenue 9:00 a.m.— 4:00 p.m. Monday, Tuesday, Wednesday November 15 — April 1 NOTIFICATION SERIAI# 10868 REPEAL ALTERNATE PARKING - TYPE II ASHLAND AVENUE BETWEEN LAFAYETTE AVENUE AND WEST DELAVAN AVENUE ( DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 PARKING Ashland Avenue, east side 9:00 a.m.— 4:00 p.m. Between Lafayette Avenue Thursday, Friday and West Delavan Avenue Ashland Avenue, west side between Lafayette Avenue and West Delavan Avenue 9:00 a.m.— 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10869 REPEAL ALTERNATE PARKING - TYPE II ASHLAND AVENUE BETWEEN WEST FERRY STREET AND LAFAYETTE AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 there fi'om the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Ashland Avenue, east side 9:00 a.m. - 4:00 p.m.. November 15 -April 1 between West Ferry Street 9:00 a.m. - 12:00 p.m.. April I - November 15 and Lafayette Avenue Thursday, Friday Ashland Avenue, west side between West Ferry Street and Lafayette Avenue 9:00 a.m. - 4:00 p.m.. November 15 -April 1 9:00 a.m. - 12:00 p.m.. April I - November 15 Monday, Tuesday, Wednesday NOTIFICATION SARIAL # 10870 REPEAL ALTERNATE PARKING - TYPE II ASHLAND AVENUE BETWEEN SUNUNER STREET AND WEST FERRY STREET (NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 THE HIGHWAY PROHIBITED PERIOD Ashland Avenue, east side 9:00 a.m. - 4:00 p.m. between Summer Street Thursday, Friday and West Ferry Street Ashland Avenue, west side between Summer Street and West Ferry Street 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10871 INSTALL ALTERNATE PARKING - TYPE II ASHLAND AVENUE BETWEEN SUMMER STREET AND WEST DELAVANAVENUE (DELAWARE AND NIAGARA DISTRICTS) NO PARKING (ALTERNATE - TYPE 11) - 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 In'st 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 Ashland Avenue, east side 9:00 a.m.— 4:00 p.m. between Summer Street Thursday, Friday and West Delavan Avenue November 15 — April 1 Ashland Avenue, west side between Summer Street and West Delavan Avenue 9:00 a.m.— 4:00 p.m. Monday, Tuesday, Wednesday November 15 — April 1 NOTIFICATION SERIAL # 10872 REPEAL ALTERNATE PARKING - TYPE II NORWOOD AVENUE BETWEEN SUMMER STREET AND WEST FERRY STREET (NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 Norwood Avenue, east side 9:00 a.m. - 4:00 p.m. between Summer Street Thursday, Friday and West Ferry Street Norwood Avenue, west side 9:00 a.m. - 4:00 p.m.. between Summer Street Monday, Tuesday, Wednesday and West Ferry Street NOTIFICATION SERIAL # 10873 REPEAL ALTERNATE PARKING - TYPE II NORWOOD AVENUE BETWEEN WEST FANY STREET AND LAFAYETTE AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 afi:er 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 Norwood Avenue, east side 9:00 a.m. - 4:00 p.m.. November 15 -April 1 between West Ferry Street 9:00 a.m.- 12:00 p.m.. April 1 - November 15 and Lafayette Avenue Thursday, Friday Norwood Avenue, west side between West Ferry Street and Lafayette Avenue 9:00 a.m. - 4:00 p.m.. November 15 - April 1 9:00 a.m. - 12:00 p.m.. April 1 - November 15 Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10874 INSTALL ALTERNATE PARKING - TYPE II NORWOOD AVENUE BETWEEN SUMMER STREET AND LAFAYETTE AVENUE (NIAGARA AND DELAWARE DISTRICTS) NO PARKING (ALTERNATE - TYPE 11) - 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 o f 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 Norwood Avenue, east side between Summer Street and Lafayette Avenue Norwood Avenue, west side between Summer Street and Lafayette Avenue 9:00 a.m. - 4:00 p.m. Thursday, Friday November 15 - April 1 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL # 10875 NO STANDING - REPEAL ON FOREST AVENUE, NORTH SIDE BETWEEN ELMWOOD AVENUE AND BUFFALO STATE HOSPITAL DRIVE (DELAWARE DISTRICT) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD -DAILY Forest Avenue, north side 7 a.m.to 7 p.m. between Elmwood Avenue Except Sunday and Buffalo State Hospital Drive NOTIFICATION SERIAL #10876 INSTALL ALTERNATE PARKING - TYPE II FOREST AVENUE BETWEEN ELMWOOD AVENUE AND RICHMOND AVENUE (EXCEPT EXISTING NO PARKING AND NO STANDING AREAS) (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 Forest Avenue, south side 9:00 a.m. - 4:00 p.m.. between Elmwood Avenue Thursday, Friday and Richmond Avenue November 15 - April 1 (Except existing No Parking and No Standing areas) Forest Avenue, north side between Elmwood Avenue and Richmond Avenue (Except existing No Parking and No Standing areas) 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15- April 1 NOTIFICATION SERIAL #10877 REPEAL ALTERNATE PARKING - TYPE II SAINT JAMES PLACE BETWEEN CHAPIN PARKWAY AND ELMWOOD AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days afier 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 Saint James Place, south side 9:00 a.m. - 4:00 p.m. between Chapin Parkway Thursday, Friday and Elmwood Avenue Saint James Place, north side between Chapin Parkway and Elmwood Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10878 INSTALL ALTERNATE PARKING - TYPE II SAINT JAMES PLACE BETWEEN CHAPIN PARKWAY 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 Saint James Place, south side 9:00 a.m. - 4:00 p.m. between Chapin Parkway Thursday, Friday and Elmwood Avenue November 15 - April 1 Saint James Place, north side between Chapin Parkway and Elmwood Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL # 10879 REPEAL ALTERNATE PARKING - TYPE II BIRD AVENUE BETWEEN NIAGARA STREET AND WINDSOR AVENUE (NIAGARA AND DELAWARE 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 atter 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 theref orn the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bird Avenue, south side 9:00 a.m.— 4:00 p.m. between Niagara Street Thursday, Friday and Windsor Avenue Bird Avenue, north side 9:00 a.m.— 4:00 p.m. between Niagara Street Monday, Tuesday, Wednesday and Windsor Avenue NOTIFICATION SERIAL #10880 INSTALL ALTERNATE PARKING - TYPE II [: BIRD AVENUE BETWEEN RICHMOND AVENUE AND WINDSOR 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 POHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Bird Avenue, south side 9:00 a.m. - 4:00 p.m.. between Richmond Avenue Thursday, Friday and Windsor Avenue November 15 - April 1 Bird Avenue, north side between Richmond Avenue and Windsor Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL # 10881 INSTALL ALTERNATE PARKING - TYPE II BIRD 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 Year 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 Bird Avenue, south side 9:00 a.m. - 4:00 p.m.. between Niagara Street Thursday, Friday and Richmond Avenue Bird Avenue north side Between Niagara Street And Richmond Avenue 9:00 a.m.— 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10882 REPEAL ALTERNATE PARKING - TYPE II POTOMAC AVENUE BETWEEN NIAGARA STREET AND ELMWOOD AVENUE (NIAGARA AND DELAWARE 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 atter 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 Potomac Avenue, north side 9:00 a.m. - 4:00 p.m. between Niagara Street Thursday, Friday and Elmwood Avenue Bird Avenue, south side between Niagara Street and Elmwood Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10883 INSTALL ALTERNATE PARKING — TYPE II POTOMAC 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 Potomac Avenue, north side 9:00 a.m. - 4:00 p.m.. between Niagara Street . Thursday, Friday and Richmond Avenue Potomac Avenue, south side between Niagara Street and Richmond Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday NOTIFICATION SERIAL #10884 INSTALL ALTERNATE PARKING - TYPE II POTOMAC 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 PARK1 NG PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Potomac Avenue, north side 9:00 A.M.— 4:00 P.M. between Richmond Avenue Thursday, Friday and Elmwood Avenue November 15 - April Potomac Avenue, south side between Richmond Avenue and Elmwood Avenue 9:00 A.M.— 4:00 P.M. Monday, Tuesday, Wednesday November 15 — April 1 NOTIFICATION SERIAL # 10885 REPEAL ALTERNATE PARKING - TYPE II HODGE AVENUE BETWEEN ELMWOOD AVENUE AND ASHLAND AVENUE (Niagara District) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NC PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Hodge Avenue, north side 9:00 a.m, - 4:00 p.m. between Elmwood Avenue Thursday, Friday and Ashland Avenue Hodge Avenue, south side 9:00 a.m. - 4:00 p.m.. between Elmwood Avenue Monday, Tuesday, Wednesday and Ashland Avenue 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 Hodge Avenue, north side 9:00 a.m. - 4:00 p.m.. between Elmwood Avenue Thursday, Friday and Ashland Avenue November 15 - April 1 Hodge Avenue, south side between Elmwood Avenue and Ashland Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL # 10887 REPEAL ALTERNATE PARKING - TYPE II ANDERSON PLACE BETWEEN ELRNWOOD AVENUE AND ATLANTIC AVENUE (NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 Anderson Place, south side 9:00 a.m. - 4:00 p.m. between Elmwood Avenue Thursday, Friday and Atlantic Avenue Anderson Place, north side between Elmwood Avenue and Atlantic Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10888 INSTALL ALTERNATE PARKING - TYPE II ANDERSON PLACE BETWEEN ELMWOOD AVENUE AND ATLANTIC 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 Anderson Place, south side 9:00 a.m. - 4:00 p.m.. between Elmwood Avenue Thursday, Friday and Atlantic Avenue November 15 - April 1 Anderson Place, north side between Elmwood Avenue and Atlantic Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL #10889 REPEAL ALTERNATE PARKING -TYPE II DORCHESTER ROAD BETWEEN BIDEWELL PARKWAY AND BAYNES 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 there fi'om the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Dorchester Road, north side 9:00 a.m- 4:00 p.m. between Bidwell Parkway Thursday, Friday and Baynes Avenue Dorchester Road, south side 9:00 a.m- 4:00 p.m. between Bidwell Parkway Monday, Tuesday, Wednesday and Baynes Avenue NOTIFICATION SARIAL # 10890 INSTALL ALTERNATE PARKING - TYPE II DORCHESTER ROAD BETWEEN BIDWELL PARKWAY BAYNES AVENUE (DELAWARE AND NIAGARA DISTRICTS) NO PARKING (ALTERNATE - TYPE 11) - 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 Dorchester Road, north side 9:00 a.m. - 4:00 p.m.. between Bidwell Parkway Thursday, Friday and Baynes Avenue November 15- April 1 Dorchester Road, south side between Bidwell Parkway and Baynes Avenue 9:00 a.m. - 4:00 p.m.. Monday, Tuesday, Wednesday November 15- April 1 NOTIFICATION SERIAL # 10891 REPEAL ALTERNATE PARKING - TYPE II GRANGER PLACE BETWEEN BIRD AVENUE AND FOREST AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 Granger Place, west side 9:00 a.m. - 4:00 p.m.. between Bird Avenue Thursday, Friday and Forest Avenue Granger Place, east side between Bird Avenue and Forest Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL #10892 INSTALL ALTERNATE PARKING -TYPE II GRANGER PLACE BETWEEN BIRD AVENUE AND FOREST AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 purr 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 Granger Place, west side 9:00 a.m.- 4:00 p.m.. between Bird Avenue Thursday, Friday and Forest Avenue November 15 -April 1 Granger Place, east side between Bird Avenue and Forest Avenue 9:00 a.m.- 4:00 p.m.. Monday, Tuesday, Wednesday November 15- April 1 NOTIFICATION SERIAL # 10893 REPEAL ALTERNATE PARKING - TYPE II CLAREMONT AVENUE BETWEEN WEST DELAVAN AVENUE AND FOREST AVENUE (DELAWARE DISTRICT) NO PARKING (ALTERNATE - TYPE 11) - 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 Claremont Avenue, east side 9:00 a.m.- 4:00 p.m. between West Delavan Avenue Thursday, Friday and Forest Avenue Claremont Avenue, west side 9:00 a.m.- 4:00 p.m. between West Delavan Avenue and Forest Avenue Monday Tuesday, Wednesday NOTIFICATION SERIAL # 10894 INSTALL ALTERNATE PARKING - TYPE II CLAREMONT AVENUE BETWEEN WEST DELAVAN AVENUE AND FOREST 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 Claremont Avenue, east side 9:00 a.m. - 4:00 p.m.. between West Delavan Avenue Thursday, Friday and Forest Avenue November 15 - April 1 Claremont Avenue, west side between West Delavan Avenue and Forest Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday November 15 - April 1 NOTIFICATION SERIAL # 10895 REPEAL ALTERNATE PARKING - TYPE II INWOOD PLACE BETWEEN WINDSOR AVENUE AND DELAWARE AVENUE 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 alder 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 theref orn the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Inwood Place, south side 9:00 a.m. - 4:00 p.m. between Windsor Avenue Thursday, Friday and Delaware Avenue Inwood Place, north side between Windsor Avenue and Delaware Avenue 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday NOTIFICATION SERIAL # 10896 INSTALL ALTERNATE PARKING - TYPE II INWOOD PLACE BETWEEN WINDSOR AVENUE AND DELAWARE 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 alder 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 PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD KING Inwood Place, south side 9:00 a.m. - 4:00 p.m. between Windsor Avenue Thursday, Friday and Delaware Avenue November 15 - April 1 Inwood Place, north side 9:00 a.m. - 4:00 p.m. between Windsor Avenue Monday, Tuesday, Wednesday and Delaware Avenue November 15 - April 1 NOTIFICATION SERIAI #10897 REPEAL ALTERNATE PARKING - TYPE II OAKLAND PLACE BETWEEN THE NORTH CURBLINE OF SUMMER STREET AND A POINT 500 FEET NORTH THEREFROM (NIAGARA DISTRICT) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING NO PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD KING Oakland Place, east side 9:00 a.m.- 4:00 p.m. between the north curbline of Summer Street Thursday, Friday and a point 500 feet north therefrom Oakland Place, west side 9:00 a.m.- 4:00 p.m. between the north curbline of Summer Street Monday, Tuesday. Wednesday and a point 500 feet north therefrom NOTIFICATION SERIAL #10898 INSTALL ALTERNATE PARKING - TYPE II OAKLAND PLACE BETWEEN THE NORTH CURBLINE OF SUMMER STREET AND A POINT 500 FEET NORTH THEREFROM (NIAGARA DISTRICT) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) NO PARKING (ALTERNATE - TYPE 11) - 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 NO PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD KING Oakland Place, east side 9:00 a.m. - 4:00 p.m. between the north curbline of Summer Street Thursday, Friday and a point 500 feet north therefrom November 15 - April 1 Oakland Place, west side 9:00 a.m. - 4:00 p.m.. between the north curbline of Summer Street Monday, Tuesday, Wednesday and a point 500 feet north therefrom November 15 - April 1 RECEIVED AND FILED/WAIVE 45 DAYS NO. 1449 CHANGE IN CONTRACT BUFFALO FIRE DEPARTMENT ENGINE #21 NEW EMERGENCY GENERATOR JOB #1510 MASTEN DISTRICT ITEM NO. 404 CCP 3/3/15 1 hereby submit to Your Honorable Body the following changes for the Buffalo Fire Department, Engine #21 Emergency Generator, DiDonato A &E, C #93001517. 1. Additional design services required to meet NYS Building Add $3,600.00 Code. The original project was a replacement of the existing generator; sized only for life safety loads. But during schematic design it was determined that the fire house is designated as a place of refuge, and as such the entire buildings has to be included The foregoing change results in a net increase in the contract of Thirty Six Hundred and 00/100 Dollars ($3,600.00). Summary Original Contract Amount $10,800.00 Amount of Change order( #1) $3,600.00 Revised Contract Amount $14,000.00 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 & Streets to approve the change order. Funding for this change order are available in Building Accounts: 35323206 445100, 38320316- 445100, 38322986- 445100, and 2015 A &UI Bond. 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 15, 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 $3,600.00 (Original Contract Amount $10,800.00 + Change Order $3,600 for a Revised Contract Amount of $14,000) for the Buffalo Fire Department Engine #21 Emergency Generator, to DiDonato A &E, C #93001517. The funds are available in Buildings Accounts #35323206 445100, 38320316- 445100, 38322986- 445100, and 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1450 CHANGE IN CONTRACT ERIE BASIN MARINA - THE HATCH PHASE II HVAC FILLMORE DISTRICT #312 OF 2/17/15 1 hereby submit to Your Honorable Body the following change for Erie Basin Marina - The Hatch Phase 11, HVAC, Northwest Mechanical, Contract #93001519. 1) This change includes modifications to the bar and kitchen layout. Add $ 11,116.00 The foregoing change results in a net increase in the contract of Eleven Thousand One Hundred Sixteen Dollars and 00/100 ($11,116.00). Summary Original Contract Amount $55,860.00 Amount of Change order( #1) $11,116.00 Revised Contract Amount $66,976.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 36328206 - 445100 & 38328206 - 445100- Buildings. 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 14, 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 $11,116.00 (Original Contract Amount $55,860.00 + Change Order $11,116.00 for a Revised Contract Amount of $66,976.00) for the Erie Basin Marina - The Hatch Phase II, HVAC, to Northwest Mechanical, C #93001519. The funds are available in Accounts #36328206- 445100 and 38328206 - 445100 - Buildings. PASSED AYES — 8 NOES — 0 NO. 1451 MEALS ON WHEELS CONTINUED PARK BUILDING USE TOSH COLLINS COMMUNITY CENTER CLARIFICATION OF TERMS OF USE PERMIT SOUTH DISTRICT The Department of Public Works, Parks and Streets has issued a use permit to Meals on Wheels for Western New York, Inc. to continue using a portion of the Tosh Collins Community Center for purposes of meals distribution operations to homes in the South Buffalo vicinity. As a result of a recent audit, Meals on Wheels has requested that the City agree to certain clarifications (attached for your review) of the terms of use of a portion of the Tosh Collins Community Center. Meals on Wheels requested same types of clarifications for their meal home delivery hub spaces throughout the County The Department of Public Works, Parks and Streets has reviewed the attached clarifications with the City Law Department and finds the clarifications to be helpful, useful and fair. This office requests and recommends that Your Honorable Body: 1. Approve the attached use clarifications; 2. Authorize pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the use clarifications; 3. Authorize the Corporation Counsel to negotiate same to finalization; and 4. Authorize me as Commissioner to execute an agreement memorializing the clarifications. Addendum to City of Buffalo Department of Public Works Parks Athletic Facility Permit Between Department of Public Works and Meals on Wheels for Western New York for Use of Premises Located at Tosh Collins Community Center 35 Cazenovia Street, Buffalo, NY 14220 Meals on Wheels for Western New York will use the Tosh Collins Community Center to provide home - delivered meals in the vicinity of the center. Our current needs require an estimated 8 routes to originate from the building. The donation of your space is greatly appreciated. Your facility will: Provide a room with enough space for the site manager to work and to store office supplies and other small items associated with meal delivery (e.g., canvas oven covers). A locked room will be provided. The site will be held in the game room. • Allow for the temporary storage of approximately 8 ovens and 16 coolers in inclement weather when the meals are delivered to the site and before pick up by the van driver. Provide reasonable janitorial services at the Premises, including snow removal. Provide heat, electricity and lavatory facilities. • Provide a standard electrical outlet within the room. Note that there may be rare occasions when we plug one of the portable oven hotboxes in within our space (e.g., due to significant volunteer tardiness). • Provide one parking space for the site manager between the hours of 10:00 a.m. and 1:30 p.m. (at the longest). • Provide short -term parking spaces for 8 - 20 people between the hours of 10:30 a.m. and 12:00 p.m., Monday through Friday. Volunteers generally park for 5 - 10 minutes when loading and 5 - 10 minutes when unloading, The facility is open all business days and hours that Meals on Wheels for WNY operates except for Columbus Day, Election Day, Veteran's Day, day after Thanksgiving, Christmas Eve, President's Day, Martin Luther King Jr. Day & Good Friday. Meals on Wheels for Western New York will: -Provide a phone and fax machine for our use (paid by MOW). • Provide, maintain and replace the necessary furniture including a desk, chair, and file cabinet. • Provide a lock for the desk or cabinets as needed to ensure safe keeping of confidential client files. • Maintain general liability coverage of at least $1,000,000 and list the City of Buffalo as an additional insured under this policy. • Ensure that the Site Manager takes all precautions necessary to ensure the upkeep for the site and cleanliness after the volunteers have completed the routes and departed. • Be solely responsible for the secure handling of all MOW -owned site equipment and food on -site. • Comply with all federal, state and local laws, h s agreement may be terminated on ninety (90) days prior notice by either party at the close of business on any Friday. 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 14, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a permit to Meals on Wheels for Western New York, Inc. to continue using a portion of the Tosh Collins Community Center for purposes of meals distribution operations to homes in the South Buffalo vicinity; and That the Common Council hereby authorizes pertinent City personnel to take Date all such steps add actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the use clarifications; and that the Common Council hereby authorizes the Corporation Counsel to negotiate same to finalization; and that the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute an agreement memorializing the clarifications. PASSED AYES — 8 NOES — 0 NO. 1452 PERMISSION TO ACCEPT FUNDS, AND ENTER INTO AGREEMENTS WITH BUFFALO SEWER AUTHORITY AND COB WATER BOARD COLVIN ESTATES PHASE II GROUP 787 DELAWARE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks, and Streets (DPW) to accept betterment funds and enter into all necessary agreements with the Buffalo Sewer Authority, and City of Buffalo (COB) Water Board for the Colvin Estates Phase 11, Group 787 project. All agreement will be subject to approval as -to -form by Corporation Counsel. 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 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept betterment funds and to enter into all necessary agreements with the Buffalo Sewer Authority, and the City of Buffalo Water Board for the Colvin Estates Phase 11, Group 787 Project. All agreements will be subject to approval as to form by Corporation Counsel. PASSED AYES — 8 NOES — 0 NO. 1453 PERMISSION TO ENTER AGREEMENT AND ACCEPT IMPROVEMENTS TO THE RIGHT OF WAY DEVELOPER DEVELOPMENT OF THE RIVERBEND COMMERCE PARK GROUP# 789 FILLMORE, LOVEJOY AND SOUTH DISTRICT I hereby request from Your Honorable Body permission to allow the City of Buffalo Department of Public Works, Parks & Streets, to enter into an agreement with LP Ciminelli to allow for construction improvements to the right -of -way in the vicinity of the Riverbend Commerce Park. The improvements are proposed on South Park Avenue, from New Abbey Street to ,900 northwest, and Smith Street from 200' south of Fulton Street to 300' north of Minton Street. The agreement will be subject to approval as -to -form by the office of Corporation Counsel. All work will be designed and completed to City specifications with final plans being approved by the City Engineer. Please authorize the Commissioner of Public Works, Parks & Streets to enter into agreement for this work and accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. 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 15, 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 and accept the project on behalf of the City of Buffalo upon determination of satisfactory completion with LP Ciminelli to allow for construction improvements to the right -of- way in the vicinity of the Riverbend Commerce Park. The improvements are proposed on South Park Avenue, from New Abbey Street to 1,900' northwest, and Smith Street from 200' south of Fulton Street to 300' north of Minton Street. The agreement with be subject to approval as to form. PASSED AYES — 8 NOES - 0 NO. 1454 PERMISSION TO ENTER INTO AGREEMENT W /NEW YORK STATE POWER AUTHORITY (NYPA) AND RENEW 5 CITIES ENERGY MANAGEMENT GRANT BUILDSMART NY Permission is hereby requested from Your Honorable Body to authorize the Corporation Counsel to negotiate this agreement and the Department of Public Works, Parks & Streets to enter into an agreement(s) with the New York State Power Authority to accept grant funds for plan implementation support of the 5 Cities Energy Management Grant. NYPA will pay approved personnel costs and expenses, not to exceed $230,000.00, for energy plan implementation support services performed by RENEW through its contract with the City of Buffalo. The term of this funding will be for an initial 18 months. The term may thereafter be renewed on an annual basis by mutual consent of the parties, not to exceed 5 years. RENEW shall provide technical analysis, GIS, and communications support to the City of Buffalo staff on energy related projects. The City shall provide a workspace for RENEW's use and has no financial obligation costs associated with this agreement. I hereby request that Your Honorable Body authorize the Commissioner of Publics to execute the Agreement and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the 5 Cities Energy Management Grant. 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 16, 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 and execute the necessary grant funding agreements and related documentation and agreements as shall be required or useful with the New York State Power Authority ( "NYSPA ") and for grants funds for plant implementation support of the 5 Cities Energy Management Grant. NYSPA will pay approved personnel costs and expenses for energy plan implementation support services performed by RENEW through its contract with the City of Buffalo. The term of this funding will be for an initial eighteen (18) months. The term may thereafter be renewed on an annual basis by mutual consent of the parties, not to exceed five (5) years. PASSED AYES — 8 NOES — 0 NO. 1455 PERMISSION TO ENTER INTO AGREEMENT(S) W /NEW YORK STATE POWER AUTHORITY (NYPA) 5 CITIES FORMULA GRANT BUILDSMART NY Permission is hereby requested from Your Honorable Body to authorize the Corporation Counsel to negotiate this agreement and the Department of Public Works, Parks & Streets to enter into an agreement(s) with the New York State Power Authority to accept grant funds. Under NYPA's agreement, NYPA will make available to the City a Grant in the sum of $974,000. This grant will be used towards the implementation of eligible energy efficiency programs and projects. The term of the Grant will expire on December 31, 2016. The term may thereafter be renewed on an annual basis by mutual consent of the parties, not to exceed 3 years. I hereby request that Your Honorable Body authorize the Commissioner of Publics to execute the Agreement and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the 5 Cities Formula Grant. 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 16, 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 the New York State Power Authority ( "NYPA ") for grant funding. Under NYPA's agreement, NYPA will make available to the City a grant in the sum of $974,000.00. This grant will be used towards the implementation of eligible energy efficient programs and projects. The terms of the grant will expire on December 16, 2016. The term may thereafter be renewed on an annual basis by mutual consent of the parties, not to exceed three (3) years. PASSED AYES — 8 NOES — 0 NO. 1456 PERMISSION TO ENTER INTO AGREEMENT(S) W /NEW YORK STATE POWER AUTHORITY (NYPA) AND SOLAR LIBERTY TO RECEIVE IMPROVEMENTS FOR THE INSTALLATION OF A SOLAR - POWERED, PHOTOVOLTAIC ELECTRICAL SYSTEM AT THE TOSH COLLINS COMMUNITY CENTER SOUTH DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to enter into an agreement(s) with the New York State Power Authority and Solar Liberty for the installation of a solar - powered, photovoltaic electrical system on the roof of the Tosh Collins Community Center to supplement existing electrical consumption. NYPA is responsible for implementation costs. The City of Buffalo is responsible for maintenance costs and LAN connection. Solar Liberty is the installer of the solar - powered, photovoltaic electrical system and will also be filing the paperwork for Grant reimbursement for and /or on behalf of the City. The Photovoltaic Generating System Purchase and Sale Contract (the "Contract ") between Solar Liberty and the City incurs no cost for the City and is necessary for Solar Liberty to file the Grant reimbursements to facilitate installation of the solar powered system. I hereby request that Your Honorable Body authorize the Mayor and /or other appropriate City staff to execute the Contract and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction /installation of the subject photovoltaic electrical system. 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 15, 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(s) with the New York State Power Authority ( "NYSPA ") and Solar Liberty for the installation of a solar - powered, photovoltaic electrical system on the roof of the Tosh Collins Community Center to supplement existing electrical consumption. NYSPA is responsible for implementation costs. The City of Buffalo is responsible for maintenance costs and LAN connection. That the Common Council hereby authorizes the Mayor and /or other appropriate City staff to execute the contract and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction /installation of the subject photovoltaic electrical system. PASSED AYES — 8 NOES — 0 NO. 1457 PERMISSION TO ENTER INTO AGREEMENT W /TIME WARNER CABLE BROADWAY MARKET FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to enter into a right of entry agreement with Time Warner Cable to facilitate connectivity. Included in this agreement is Time Warner's right for installing, attaching, operating, repairing, replacing, removing and maintaining all necessary equipment in order to sell, market, and provide Time Warner Connectivity services to occupants and tenants of the Broadway Market located at 999 Broadway. 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 16, 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 a right of entry agreement with Time Warner Cable to facilitate connectivity, which includes Time Warner Cable's right for installing, attaching, operating, repairing, replacing, removing and maintaining all necessary equipment in order to sell, market and provide Time Warner Connectivity services to occupants and tenants of the Broadway Market, located at 999 Broadway. PASSED AYES — 8 NOES — 0 NO. 1458 PERMISSION TO HIRE AN ENGINEERING CONSULTANT AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH VARIOUS ENTITIES FOR THE DESIGN, CONSTRUCTION, INSPECTION AND CONSTRUCTION ADMINISTRATION OF THE ERIE BASIN MARINA IMPROVEMENTS GROUP 826 FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Buffalo Sewer Authority, NYS DEC, U.S. Army Corps of Engineers, and COB Water Board. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, inspection and construction administration pf the Erie Basin Marina Improvements. In addition I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for subject project. The consultant will be chosen through a Request for Proposals (RFP) process. The costs for consulting services are estimated not to exceed $100,000. The funds will be available in account # 38312856- 445100, and 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 July 15, 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 all necessary agreements with the Buffalo Sewer Authority, New York State Department of Environmental Conservation, U.S. Army Corps of Engineers and the City of Buffalo Water Board to enable the Department of Public Works, Parks and Streets to administer the Erie Basin Marina Improvements Project, Group 826, and to cover all necessary work needed to complete the design, construction, inspection and construction administration of the project. That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the subject project. The consultant will be chosen through a Request for Proposals (RFP) process. The funds for this project will be available in Account #38312856- 445100, and an account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 1459 PERMISSION TO PROVIDE FUNDS, AND ENTER INTO AGREEMENTS WITH CITY OF LACKAWANNA RESURFACING SOUTH PARK, DORRANCE TO NASUN GROUP 847 SOUTH DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks, and Streets (DPW) to provide betterment funds and enter into all necessary agreements with the City of Lackawanna for Resurfacing South Park Ave, Dorrance to Nason, Group 847 project. The City of Buffalo splits ownership with the City of Lackawanna for this portion of roadway and both Cities desire that the entire roadway be resurfaced in one complete project. The City of Lackawanna has procured a contractor to perform this work and is requesting that the City of Buffalo provide it with funds to cover its share of the work. The estimated cost is $150,000 and the DPW requests that Your Honorable Body authorize an amount not to exceed $175,000 to cover any possible contingencies that may arise during the course of construction. Final payment will be based on the actual work performed. Funds are available in account 32000006 - 445100 and or an account to be named at a later date. All agreements will be subject to approval as -to -form by Corporation Counsel. 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 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to provide betterment funds and enter into all necessary agreements with the City of Lackawanna for the Resurfacing of South Park Avenue, Dorrence to Nason, Group 847, Project. The City of Buffalo splits ownership with the City of Lackawanna for this portion of roadway and both cities desire that the entire roadway be resurfaced in one complete project. The City of Lackawanna has procured a contractor to perform this work and is requesting that the City of Buffalo provide it with funds to cover its share of the work. All agreements with be subject to approval -as -to -form by the City of Buffalo's Corporation Counsel. Funds for this project are available in Account # 32000006 - 445100, and /or an account to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 1460 PURCHASE /TRADE /AUCTION OF TRUCK The Department of Public Works, Street Division is requesting permission to purchase Two (2) Tandem Axle Dump Trucks with Hydraulics, Salt Spreaders, and Wing Plow. We are also requesting permission to purchase one (1) John Deere Front End Loader and trade /auction (1) John Deere Front End Loader Asset #S -507. Funds have been granted in this current budget account #15050007474200• 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 16, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase two (2) tandem axle dump trucks with hydraulics, salt spreaders and wing plows, and one (1) John Deere front end loader, and to trade /auction one (1) John Deere front end loader, Asset #S -507. Funds are available in Current Budget Account # 15050007474200. PASSED AYES — 8 NOES — 0 NO. 1461 REPORT OF BIDS A DISTRICT RENOVATIONS, PHASE 2 JOB # 1519 SOUTH DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for A District Renovations, Phase 2, which were publicly opened and read on July 14, 2015. Miller Enterprises, Inc Hadala Construction, Inc Sicoli Construction Services Inc Nichter Construction Greater Niagara Mechanical No Bid Base Bid Add Alt # 1 $259,000.00 $141,000.00 $338,700.00 $124,000.00 $338,700.00 $142,000.00 No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc., with a Base Bid of $259,000.00, add alt #1 of $141,000.00, and a contingency of $40,000.00 for a total bid of Four Hundred Forty Thousand and 00/100 Dollars ($440,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 38201506 - 445100, 38323006 - 445100, and 2015 A &UI Bond. 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 15, 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 A District Renovations, Phase 2, with Miller Enterprises, Inc., with a total bid of $440,000.00 (Base Bid- S259,000.00 + Alt #1 of $141,000.00 + a contingency of $40,000.00 for a Total Bid Amount of $440,000.00). Funding for this project is available in Building Accounts #38201506 - 445100, 38323006 - 445100, and 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1462 REPORT OF BIDS A DISTRICT PARKING LOT RECONSTRUCTION JOB # 1609 SOUTH DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for A District Parking Lot Reconstruction, which were publicly opened and read on July 14, 2015. Base Bid Alt# 1(None) Louis Del Prince & Sons $197,874.00 Nova Site Company $237,000.00 Yarussi Construction Inc $290,000.00 Ferguson Electric No Bid McClendon Asphalt Paving No bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Louis Del Prince & Sons, with a Base Bid of $197,874.00, and a contingency of $20,000.00 for a total bid of Two Hundred Seventeen Thousand Eight Hundred Seventy Four and 00/100 Dollars ($217,874.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 38201506 - 445100, 38323006 - 445100, and 2015 A &UI Bond. 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 15, 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 A District Parking Lot Reconstruction with Louis Del Prince & Sons, with a total bid of $217,874.00 (Base Bid$197,874.00 + a contingency of $20,000.00 for a Total Bid Amount of $217,874.00). Funding for this project is available in Building Accounts #38201506 - 445100, 38323006 - 445100, and 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1463 REPORT OF BIDS BUTLER PARK RESTORATION OF STONE WALLS JOB #1616 SOUTH DISTRICT I requested on May 4, 2015 and received the following informal bids the Butler Park, Stone Wall Restoration, on May 19, 2015. Base Bid Thomas Johnson Inc $32,000.00 4196 South Taylor Road, Orchard Park, NY Morris Masonry Restoration, LLC $35,230.00 441 Bailey Ave, Buffalo, NY Highland Masonry & Restoration $46,000.00 33 Ransier Dr, West Seneca, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Thomas Johnson, Inc., with a Base Bid of $32,000.00, plus a 5% contingency of $1,600.00 for a total contract amount of Thirty Three Thousand Six Hundred Dollars and 00/100 ($33,600.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 30322006 - 445100 - Buildings. 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 15, 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 Butler Park, Stone Wall Restoration with Thomas Johnson, Inc., with a total bid of $33,600.00 (Base Bid- S32,000.00 + a 5% contingency of $1,600.00 for a Total Bid Amount of $33,600.00). Funding for this project is available in Account #30322006 - 445100 - Buildings. PASSED AYES — 8 NOES - 0 NO. 1464 REPORT OF BIDS CAZENOVIA POOL ROOF RECONSTRUCTION SOUTH DISTRICT I advertised for on June 11, 2015 and received the following sealed bids for Cazenovia Pool, Roof Reconstruction, which were publicly opened and read on June 30, 2015. General Construction Base Bid Alternate 2 Nichter Construction, Inc. $668,000.00 - $361,000.00 30 Wildwood Dr., Lancaster, NY 'Hadala Construction, Inc. $993,700.00 - $611,600.00 331 Grote St., Buffalo, NY Alternate #2: Structural Improvements to Interior of Building. 'Hadala was deemed non - responsive due to incomplete proposal. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction, with a base bid of $668,000.00 + alternate 2 of- $361,000.00 + 10% contingency of $30,700.00 for a total amount of Three Hundred Thirty One Thousand Seven Hundred Dollars and 00/100 ($331,700.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 30322006 - 445100 - Buildings. 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 15, 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 Cazenovia Pool Roof Reconstruction with Nichter Construction, with a total bid of $331,700.00 (Base Bid$668,000.00 + Alt #2 of $361,000.00 + 10% contingency of $30,700.00 for a Total Amount of $331,700.00). Funding for this project is available in Account #30322006 - 445100 - Buildings. PASSED AYES — 8 NOES - 0 NO. 1466 REPORT OF BIDS CMS WIFI ANTENNA INSTALL, VARIOUS SCHOOLS JOB# 1620 ELLICOTT DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for the Crisis Management System (CMS) WIFI Antenna Installation for all Buffalo Schools, which were publicly opened and read on July 15, 2015. The WIFI Antennas will allow the BPD to access the school's camera system from their vehicles during an active shooter event, this will ensure a safe entry for the Police Officers entering the school, and to monitor the event with live video. Base Bid Add Alt #1 Frey Electric $232,000.00 $ 8,000.00 Fergeson Electric $299,700.00 $26,100.00 CIR Electric No Bid O'Connell Electric No Bid Goodwin Electric No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric, with a Base Bid of $232,000.00, add alt #1 $8,000.00,. and a contingency of $25,000.00 for a total bid of Two Hundred Sixty Five Thousand and 00/100 Dollars ($265,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project are available in SHSP 2013 & 2014 Grants. 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 15, 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 Crisis Management System ( "CMI ") Wi -Fi Antenna Installation for all Buffalo Schools with Frey Electric, with a total bid of $265,000.00 (Base Bid- S232,000.00 + Alt #1 of $8,000.00 + a contingency of $25,000.00 for a Total Bid Amount of $265,000.00). Funding for this project is available in SHSP 2013 & 2014 Grants. PASSED AYES — 8 NOES — 0 NO. 1466 REPORT OF BIDS COCA COLA FIELD SEATING, PHASE 2 JOB # 1606 ELLICOTT DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for Cocoa Cola Field, which were publicly opened and read on July 14, 2015. Base Bid Add Alt #1 Patterson - Stevens, Inc. $646,200.00 $1,000.00 Highland Masonry & Rest. $730,000.00 $40,000.00 Sicoli Construction Services $822,400.00 $40,000.00 Raymond & Kelly, Inc. $907,350.00 $42,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Patterson - Stevens, Inc., with a Base Bid of $646,200.00, add air#1 $1,000.00, and a contingency of $65,000.00 for a total bid of Seven Hundred Twelve Thousand Two Hundred and 00/100 Dollars ($712,200.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 34323606- 445100, 35324706 - 445100, 38322966- 445100, 38322976 - 445100, and DASNY Grant. 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 15, 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 Coca Cola Field Seating, Phase 2, with Patterson - Stevens, Inc., with a total bid of $712,200.00 (Base Bid- S646,200.00 + Alt #1 of $1,000.00 + a contingency of $65,000.00 for a Total Bid Amount of $712,200.00). Funding for this project is available in Building Accounts #34323606- 445100, 35324706 - 445100, 38322966- 445100, 38322976 - 445100 and DASNY Grant. PASSED AYES — 8 NOES - 0 NO. 1467 REPORT OF BIDS COLVIN ESTATES ROAD CONSTRUCTION PHASE II GROUP 787 In obtaining these bids for the above mentioned project, I have asked for unit prices covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids were received Base Bid Base Bid + Alternate 1 Milherst Construction, Inc. $759,406.00 $897,556.00 10025 County Rd. Clarence Center, NY 14032 Destro & Brothers Concrete Co. Inc. $811,522.06' $985,372.06' 411 Ludington St. Buffalo, NY 14206 Yarussi Construction, Inc. Bid Not Accepted 5650 Simmons Ave. Niagara Falls, NY 14304 I hereby certify that the low bidder for the above project is Milherst Construction, Inc. I respectfully recommend a contract award not to exceed the amount of $987,311.60 ($759,406.00 -Base Bid + $138,150.00 - Alternate Bid +$89,755.60 - 10% unit price increase = $987,311.60 - Total Contract Amount . Funds for this contract are available In # 37311006 - 445100 and an account(s) to be named at a later date. The engineer's estimate for this work is $780,000.00. 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 22, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted Bid Amount 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 14, 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 Colvin Estates Road Construction, Phase II, with Milherst Construction, Inc., with a total bid of $987,311.60 (Base Bid- S759,406.00 + Alt #1 of $138,150.00 + a 10% unit price increase of $89,755.60 for a Total Contract Amount of $987,311.60). Funding for this project is available in Account #37311006 - 445100, and an account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 1468 REPORT OF BIDS CRANE LIBRARY NEW ROOF JOB# 1506 DELAWARE DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for Crane Library New Roof, which were publicly opened and read on July 14, 2015. Base Bid Add Alt #1 Progressive Roofing $260,510.00 $50,000.00 Sanders Roofing No Bid Jameson Roofing No Bid Grove Roofing Services, Inc No Bid Weaver Metal & Roofing No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a Base Bid of $260,510.00, add alt #1 $50,000.00, and a contingency of $35,000.00 for a total bid of Three Hundred Forty Five Thousand Five Hundred Ten and 00/100 Dollars ($345,510.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 33321006 - 445100, 35328406 - 445100, 38329206 - 445100, 35323106 - 445100, 38322996- 445100, and 2015 A &UI Bond. 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 15, 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 Crane Library New Roof, with Progressive Roofing, with a total bid of $345,510.00 (Base Bid- S260,510.00 + Alt #1 of $50,000.00 + a contingency of $35,000.00 for a Total Bid Amount of $3451510.00). Funding for this project is available in Building Accounts #33321006 - 445100, 35328406 - 445100, 38329206 - 445100, 35323106 - 445100, 38322996,445100, and 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1469 REPORT OF BIDS - DELAWARE PARK SHAKESPEARE HILL IMPROVEMENTS, GROUP 839 (DPW) The following Bids were received for the subject project Contractor Base Bid Alternate A Alternate B Total Bid Titan Development Inc $109,965.00 $2,500.00 $1,500.00 $113,965.00 8534 Seaman Rd Gasport NY 14067 Pinto Construction Services, Inc. $153,5983.00 $12,000.00 $1,500.00 $169,098.00 1 Babcock St. Buffalo, NY 14210 1 hereby certify that the low bidder for the above project is Titan Development, Inc. I respectfully recommend a contract award not to exceed the amount of $131,059.75 ($109,965. 00 -Base Bid + $2,500. 00 - Alternate A Bid +$1,500. 00 - Alternate B Bid + $17, 094. 75 - 15% Contingency = $131, 059. 75 - Total Contract Amount) . Funds for this contract are available in #38403016 - 445100 and an account(s) to be named at a later date. The engineer's estimate for this work is $145,000.00 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 29, 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 15, 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 Delaware Park Shakespeare Hill Improvements, Group 839, with Titan Development, Inc., with a total contract of $131,059.75 (Base Bid- S109,965.00 + Alt. Bid A of $2,500.00 + Alt. Bid B of $1,500.00 + 15% Contingency of $17,094.75 for a Total Contract Amount of $131,059.75). Funding for this contract is available in Account #38403016 - 445100 and an account(s) to be named at a later date. PASSED AYES — 8 NOES - 0 Clean Water Mechanical & Const. $61,900 16 Stanton St., Buffalo, NY Greater Niagara Mechanical, Inc. $74,700 7311 Ward Rd., N. Tonawanda, NY Plumbing Base Bid Leo J. Roth Corp. $82,600 841 Holt Rd., Webster, NY Ackerman Plumbing, Inc. $84,368 678 Sheridan Dr., Tonawanda, NY Clean Water Mechanical & Const. $84,400 16 Stanton St., Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Northern Dreams Construction, Inc $374,245.00 Electrical Construction: Goodwin Electrical Corp $176,030.00 Mechanical Construction: Clean Water Mechanical & Construction $61,900.00 Plumbing Construction: Leo J. Roth Corp $82,600.00 Bid price of Six Hundred Ninety Four Thousand Seven Hundred Fifty Five Dollars ($694,755.00) + 10% contingency of 69,477.50 for a total of Seven Hundred Sixty Four Thousand Two Hundred Fifty Two dollars and 50/100 (764,252.50. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #36329906- 445100 and #38323206 - 445100 and #38324406 - 445100. 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 15, 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 MLK Jr. Park Casino, Phase 11 Reconstruction with the following: NO. 1470 REPORT OF BIDS MLK JR. PARK CASINO PHASE II RECONSTRUCTION JOB #1428 MASTEN DISTRICT I advertised on May 1 W 2015 and received the following sealed bids for the MLK Jr. Park Casino, Phase II Reconstruction, which were publicly opened and read on June 11 2015. General Construction: Base Bid Alt #2 Alt #4 Northern Dreams Const. Inc. $365,700 $ 2,695 $ 5,850 400 Kennedy Rd., Cheektowaga, NY Nichter Construction, In. $387,000 $7,000 $21,000 30 Wildwood Dr., Lancaster, NY Sicoli Construction Services, Inc. $394,400 $14,500 $21,000 4800 Hyde Park Blvd., Niagara Falls, NY SLR Contracting & Service, Inc. $436,000 $25,000 $25,000 260 Michigan Ave., Buffalo, NY Hadala Construction, Inc. $587,000 $31,000 $30,000 332 Grote St., Buffalo NY ELECTRICAL Goodwin Electric Corp. $172,000 $1,430 $2,600 201 S. Youngs Rd., Williamsville, NY 'CIR Electrical Const. Corp. $179,700 $3,000 $2,000 400 Ingham Ave., Buffalo, NY Weydrnan Electric $191,400 $3,100 $7,000 747 Young St., Tonawanda, NY 'Bidder deemed non - responsive Mechanical: Base Bid Clean Water Mechanical & Const. $61,900 16 Stanton St., Buffalo, NY Greater Niagara Mechanical, Inc. $74,700 7311 Ward Rd., N. Tonawanda, NY Plumbing Base Bid Leo J. Roth Corp. $82,600 841 Holt Rd., Webster, NY Ackerman Plumbing, Inc. $84,368 678 Sheridan Dr., Tonawanda, NY Clean Water Mechanical & Const. $84,400 16 Stanton St., Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Northern Dreams Construction, Inc $374,245.00 Electrical Construction: Goodwin Electrical Corp $176,030.00 Mechanical Construction: Clean Water Mechanical & Construction $61,900.00 Plumbing Construction: Leo J. Roth Corp $82,600.00 Bid price of Six Hundred Ninety Four Thousand Seven Hundred Fifty Five Dollars ($694,755.00) + 10% contingency of 69,477.50 for a total of Seven Hundred Sixty Four Thousand Two Hundred Fifty Two dollars and 50/100 (764,252.50. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #36329906- 445100 and #38323206 - 445100 and #38324406 - 445100. 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 15, 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 MLK Jr. Park Casino, Phase 11 Reconstruction with the following: General Construction: Northern Dreams Construction, Inc. - $374,245.00 Electrical Construction: Goodwin Electrical Corp. - $176,030.00 Mechanical Construction: Clean Water Mechanical & Construction - $61,900.00 Plumbing Construction: Leo J. Roth Corp. - $82,600.00 Funding for this project is available in Account #36329906- 445100, 38323206 - 445100, and 38324406 - 445100. PASSED AYES — 8 NOES - 0 NO. 1471 REPORT OF BIDS NIAGARA LIBRARY BLDG. REHAB & ELEVATOR UPGRADES JOB # 1423 DISTRICT I asked for on June 9, 2015, and received the following formal sealed bids for Niagara Library Building Rehab & Elevator Upgrades, which were publicly opened and read on July 7, 2015. Base Bid Add Alt #1(None) Miller Enterprise Inc $94,700.00 Nichter Construction $187,700.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprise, Inc., with a Base Bid of $94,700:00, and a contingency of $10,000.00 for a total bid of One Hundred Four Thousand Seven Hundred and 00/100 Dollars ($104,700.00)is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 33321006 - 445100, 35328406 - 445100, 38329206 - 445100, 35323106,445100, 38322996- 445100, and 2015 A &UI Bond. 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 15, 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 Library Building Rehab and Elevator Upgrades with Miller Enterprise, Inc., with a total bid of $104,700.00 (Base Bid- S94,700.00 + a contingency of $10,000.00 for a Total Bid Amount of $104,700.00). Funding for this project is available in Building Accounts #33321006 - 445100, 35328406 - 445100, 38329206 - 445100, 35323106 - 445100, 38322996- 445100, and 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1472 REPORT OF BIDS POLICE HQ NEW ROOF, PHASE 1 JOB # 1508 FILLMORE DISTRICT I asked for on June 30, 2015, and received the following formal sealed bids for Police HQ New Roof, Phase 1, which were publicly opened and read on July 14, 2015. Base Bid Add Alt #1 (None) Weaver Metal & Roofing $286,990.00' Progressive Roofing $287,204.00 Jameson Roofing $358,200 Grove Roofing Services, Inc $380,000.00 Sanders Roofing No Bid 'Law Department rejected bid, no Affirmative Action Statement I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a Base Bid of $287,204.00, and a contingency of $30,000.00 for a total bid of Three Hundred Seventeen Thousand Two Hundred Four and 00/100 Dollars ($317,204.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in Building Accounts: 38201506 - 445100, 38323006 - 445100, and 2015 A &UI Bond. 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 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Police Headquarters New Roof, Phase 1, with Progressive Roofing, with a total bid of $317,204.00 (Base Bid- S287,204.00 + a contingency of $30,000.00 for a Total Bid Amount of $317,204.00). Funding for this project is available in Building Accounts #38201506 - 445100, 38323006 - 445100, 2015 A &UI Bond. PASSED AYES — 8 NOES — 0 NO. 1473 REPORT OF BIDS ROSS AVE. RECONSTRUCTION, TONAWANDA TO CONDON GROUP 827 In obtaining these bids for the above mentioned project, I have asked for unit prices 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 he either more or less than the total bid. The following Bids were received Base Bid Base Bid + 10% Unit Price Increase Nova Site Co., LLC $249,473.00 $274,420.00 6 Lena Court West Seneca, NY 14224 Accadia Site Contracting Inc. $285,217.00' $313,738.70' 5636 Transit Rd. Depew, NY 14043 Destro & Brothers Concrete Co. Inc. $373,630.00 $410,993.00 411 Ludington St. Buffalo, NY 14206 Yarussi Construction, Inc. Bid Not Accepted 5650 Simmons Ave. Niagara Falls, NY 14304 1 hereby certify that the low bidder for the above project is Nova Site Co., LLC. I respectfully recommend a contract award not to exceed the amount of $274,420.30 ($249,473. 00 - Base Bid + $24,947.30 - 10% unitprice increase = $274,420.30 - Total Contract Amounoc. Funds for this contract are available in # 38312886- 445100 and an account(s) to be named at a later date. The engineer's estimate for this work is $206,000.00 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 29, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted Bid Amount 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 15, 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 Ross Avenue Reconstruction, Tonawanda to Condon, Group 827, with Nova Site Co., LLC, with a total bid of $274,420.30 (Base Bid- S249,473.00 + a 10% unit price increase of $24,947.30 for a Total Contract Amount of $274,420.30). Funding for this project is available in Account #38312886- 445100, and an account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 1474 REPORT OF BIDS - REQUEST TO CONSIDER AWARD TO SECOND BIDDER - CITYWIDE M111 AND OVERLAY 2015 - CDBG YR 40 (DPW) In obtaining these bids on April 8, 2015 for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid Plus Alternate 1 Amherst Paving, Inc $927,169.80 $1,371,409.24 330 Meyer Rd. Amherst, NY 14226 Destro & Brothers Concrete Co. Inc. $942,232.00 $1,394,481.00 411 Ludington St. Buffalo, NY 14206 The Buffalo Urban Renewal Agency (BURA) and Department of Public Works, Parks and Streets (DPW) have been working with Amherst Paving, Inc. since Your Honorable Body approved award on April 14, 2015 to document compliance with the specifications for MWBE and Section 3 requirements which were part of the bid. In the event that Amherst Paving, Inc. is found not to be in compliance, as determined by BURA Counsel and /or Corporation Counsel, I respectfully request that a contract award be made to Destro & Brothers Concrete Co. Inc. in the amount $1,533,929.10 ($942,232.00 -Base Bid + $452,259.00 - Alternate Bid +$139,448.00 - 10% unit price increase = $1,533,929.10 - Total Contract Amount). Funds for this contract are available in #DJ9B2027- 470000. The engineer's estimate for this work is $1,400,000.00 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 20, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Citywide Mill and Overlay 2015, CDBG YR 40, with Destro & Brothers Concrete Co., Inc.., with a total bid of $1,533,929.100 (Base Bid- S942,232.00 + Alternate Bid $452,259.00 + 10% unit price increase $139,448.00 for a Total Contract Amount of $1,533,939.10) upon the condition that Amherst Paving, Inc., who was awarded this contract, is found not to be in compliance, as determined by Buffalo Urban Renewal Agency Counsel and /or the Corporation Counsel with the specifications for MWBE and Section 3 requirements which were part DJ9132027- 470000. PASSED AYES — 8 NOES — 0 NO. 1475 REPORT OF BIDS - MUNICIPAL SOLID WASTE TRANSFER SERVICES - EAST SIDE TRANSFER STATION (LOV) The following bids were received for the subject project: Contractor Base Bid Waste Management of NY, LLC $36.63/ton 100 Ransier Dr. West Seneca, NY 14224 Modem Disposal Services, Inc. $45.80 /ton 4746 Model City Rd. Model City, NY 14107 1 respectfully recommend that a contract be awarded to the low bidder, Waste Management of NY, LLC. The proposed term of the contract is ten years starting on September 1, 2015 with the option for no greater than two consecutive five year renewals at the mutual agreement of both parties. In addition, the contract calls for an annual price adjustment to account for increases or decreases in commodity prices that affect the costs to the vendor. The annual price adjustment is the same formula used in the City's contract for recycling collection which has been approved by the Department of Audit and Control. The contract will be subject to approval as -to -form by Corporation Counsel. Funds for this contract are available in #52002606- 442100 and or an account(s) to be named at a later date. 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 29, 2015. Individual bid submissions are available in our office for inspection and copies are available upon request. Since the new service provider needs to undertake a significant investment in equipment and personnel to begin operations on September 1, 2015 we respectfully request that Your Honorable Body approve this request with a deliberate speed. 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 17, 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 Municipal Solid Waste Transfer Services, East Side Transfer Station with Waste Management of NY, LLC, with a base bid of $36.63/ton. The proposed term of the contract is ten (10) years, starting on September 1, 2015, with the option for no greater than two (2) consecutive five (5) year renewals at the mutual agreement of both parties. The contract calls for an annual price adjustment to account for increases or decreased in commodity prices that affect the cost to the vendor. The annual price adjustment is the same formula use in the City's contract for recycling collection, which has been approved by the Department of Audit and Control. The contract will be subject to approval as -to -form by the Corporation Counsel. Funds for this contract are available in Account #52002606- 442100 and /or an account(s) to be named at a later date. Conditions on east side transfer station- - 1) City approval on the contracts for disposal at the east side transfer station must be approved by the Common Council and the Mayor, PASSED W /COND AYES — 8 NOES — 0 NO. 1476 255 DELAWARE AVENUE STEEL CANOPY WITHIN CITY RIGHT OF WAY ELLICOTT DISTRICT Ms. Penny Armitage, R.A., of Armitage Architecture, acting as agent for 255 Downtown LLC, owners of the property at 255 Delaware Avenue has requested permission to install a steel canopy at said address. The canopy would extend 6' from the building face into city right of way, measure 12' in width, and be entirely supported by the building with no support posts.. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413 Section 56 (Awnings, Canopies and Marquees) of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets issue a "Revocable License" for said encroachments provided the following conditions are met: 1. That the applicant obtains any and all City of Buffalo permits and or pays all fees as necessary. 2. That the canopy be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets and the Department of Permits and Inspections. 3. The the canopy be installed with a minimum 9' clearance over the sidewalk or greater amount as may be necessitated by utilities that may exist beneath the proposed encroachment. 4. That the applicant be responsible for maintenance of the canopy as long as it remains within City right -of -way and provide the City with a bond to ensure such. 5. That the applicant provide insurance and enter into a Revocable License Agreement prepared by the Corporation Counsel. 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 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Revocable cense to Ms. Penny Armittage, R.A. of Armitage Architecture acting as agent for 255 Downtown LLC, to install a steel canopy at 255 Delaware Avenue, provided the following conditions are met: • The canopy would extend 6' from the building face into the City right -of -way, measure 12' in width, and be entirely supported by the building with no supporting posts. • That the applicant obtains any and all City of Buffalo permits necessary and /or pays all fees as necessary; • That the canopy be installed exactly as shown on plans submitted to an approved by the Department of Public Works, Parks and Streets and the Department of Permits and Inspections. • That the canopy be installed with a minimum of 9' clearance over the sidewalk or greater amount as may be necessitated by utilities that may exist beneath the proposed encroachment. • That the applicant be responsible for maintenance of the canopy as long as it remains within City right -of -way and provide the City with a bond to ensure such. • That the applicant provides insurance and enters into a Revocable License Agreement prepared by the Corporation Counsel. PASSED AYES — 8 NOES - 0 NO. 1477 STUDY OF TELECOMMUNICATIONS NYS CORN 1384 -JULY 7, 2015 The New York State Public Service Commission has announced a schedule of public hearings related to the PSC's work on a comprehensive study of the state's Telecommunications system. One of the hearings will be held on August 5, 2015 in the Buffalo Central Library. The main purpose of the proceeding is to determine if any or the laws and regulations in the state regarding telecommunications should be changed. The PSC staff has prepared a report outlining its finding in this regard, and the hearings will seek public input on those findings. It could have a significant impact on the effort to ensure that all New Yorkers have access to affordable, high - quality advanced telecommunications Services. The staff assessment is available at: www.dps.ny.gov /TelStudy. RECEIVED AND FILED NO 1478 TIME WARNER CHARTER COMMUNICATIONS COM 1173 JUNE 9, 2015 Charter Communications has announced plans to purchase Time Warner Cable, a deal that would merge the second and third biggest U.S. cable companies. Charter has said that the deal will mean better customer service and technology, including faster Internet service at cheaper prices. Earlier this year Comcast had sought to acquire Time Warner Cable, but it was scrapped after federal regulators indicated they had serious antitrust concerns, especially how it would affect competition for broadband Internet services. The Charter deal is still under FCC review, but industry insiders expect eventual approval. The City of Buffalo will continue to monitor this matter as it proceeds forward in an effort to protect the interests of local cable subscribers RECEIVED AND FILED NO. 1479 TRADE IN OF VEHICLE THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW EQUIPMENT FOR THE PRUCHASE OF A NEW PIECE OF EQUIPMENT. THIS REQUEST WILL BE USED FOR THE REPAIR & MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM & MAINTENANCE OF THE COLONEL WARD PUMPING STATION. TRADE IN OF W198 - 1999 NEW HOLLAND SKID STEER 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 21, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to trade in the vehicle listed below for the purchase of a new piece of equipment: W198 - 1999 New Holland Skid Steer The new equipment will be used for the repair and maintenance of the Water Distribution System mad maintenance of the Colonel Ward Pumping Station. PASSED AYES — 8 NOES — 0 NO. 1480 APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(MONTALVO JR) Appointment effective 07/13/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Heavy Equipment Operator, Provisional, at the Intermediate Salary of $26,229 German Montalvo Jr, 251 Bedford Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1481 APPOINT WATER SERVICE INSPECTOR (PROV)(INTER)(MARSHALL) Appointment effective 7/20/2015 in the Department of Public Works, Parks and Streets to the Position of Water Service Inspector, Provisional at the intermediate salary of $41,292 Charles E. Marshall, 104 Northampton St, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 1482 APPROVAL TO PURCHASE NEW POLICE VEHICLES The Buffalo Police Department has received funding in the upcoming 2015/2016 fiscal year budget for marked and unmarked vehicles. Therefore, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: Up to 25 marked vehicles from the 2015/2016 fiscal year budget Up to 12 unmarked vehicles from the 2015/2016 fiscal year budget The Buffalo Police Department and the Purchase Department will follow local procurement guidelines and will obtain the best possible price for the make and model vehicles that are decided upon. The actual number &vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. In addition, the above purchase will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. Some of the equipment from these older vehicles, i.e. MCT's, docking stations, mobile radios, modems, etc. will be transferred to the new vehicles, thus keeping the overall cost of the new vehicles at the lowest point possible. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 14, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Buffalo Police Department to purchase up to 25 marked vehicles from the 2015/2016 fiscal year budget and up to 12 unmarked vehicles from the 2015/2016 fiscal year budget. The actual number of vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. The new vehicles will be used to replace older vehicles that will be removed from the Buffalo Police Fleet in the near future, either through auction or parts cars. PASSED AYES — 8 NOES - 0 NO. NO. 1483 PERMISSION TO ACCEPT TWO (2) NEW 2014 PERSONAL WATERCRAFT PLUS ONE TRAILER FROM NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.] I am writing to request that your Honorable Body authorize me, as the Commissioner of Police, to enter into the attached Agreement to accept two (2) personal water craft and one trailer from the New York State Office of Parks, Recreation and Historic Preservation. If you should have any questions, please feel free to contact me at (716) 851 -4571. Your immediate attention to this matter is appreciated. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement with the New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP ") to accept two (2) personal water craft and one trailer, provide the following conditions are met: The water craft shall at all times remain the property of the OPRHP and shall at no time be or become the property of the Buffalo Police Department. The Buffalo Police Department shall notify OPRHP when it has ceased using the equipment for marine law enforcement purposes. When such cessation occurs, the equipment shall be returned to the OPRHP. Barring any extenuating circumstances, the equipment shall be made available by the Buffalo Police Department for marine law enforcement training program purposes, in the region, upon request made by OPRHP. The equipment shall be subject to audit /inspection by OPRHP upon appointment. The agreement shall terminate at such time as the Buffalo Police Department ceases to use the equipment for marine law enforcement purposes. The Buffalo Police Department shall maintain the equipment such that it remains in good working order. The Buffalo Police Department shall receive the equipment at no cost. The agreement may be terminated by either party upon at least thirty (30) days written notice to the other party. Upon termination of the agreement, the Buffalo Police Department shall return the equipment to the OPRHP. PASSED AYES — 8 NOES — 0 NO. 1484 PERMISSION TO ACCEPT 2015 STATE HOMELAND SECURITY FUNDING The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. STATE HOMELAND SECURITY FROG FUNDING (SHSP) REPLACES URBAN AREA SECURITY INITIATIVE (UASI) FOR 2015; The € ty of Buffalo, County of Erie, and Niagara County continue to remain off the list of cities who receive 2015 Urban Area Security Initiative (UASI) funding by the US Department of Homeland Security, along with the upstate municipalities of Rochester, Syracuse and Albany (only UASI funded region in NY was New York City). There is an effort to try to put cities like Buffalo, back on the list, however, many other Tier II cities continue to be cut and are still not receiving UASI Funding. As such, the Federal Department of Homeland Security continues to award State Homeland Security Program Funds (SHSP) to New York State's Department of Home and Security and Emergency Services, who then in turn, passes them along to the various counties in New York State. Because of what has happened to upstate with the UASI funding and also, because under UASI we operate as a region, the State has decided that out of the 2015 SHSP funding they are awarding to Erie and Niagara Counties this year, Buffalo will receive a consensual share of S352,651, the same award as our 2014 allocation. This funding will be utilized for the continued expansion of the City's crisis management initiative which includes the development of quick action plans for first responders (data based development in various key buildings that includes information about staging areas resources on site contact names, etc) and also allows for the development of data related to infrastructure diagramming of critical infrastructure (entrances, exists, stairwells, etc.) for event response plans. This funding will also be Utilized to expand the technology for an active shooter situation, including funding for a testing exercise. The award also includes funding to continue with City -wide citizen preparedness coordination and activities. We are requesting that your Honorable Body authorize the following: (i) For the City to accept funds totaling 352,651 from the State's Department of Homeland Security and Emergency Services under the New York State Homeland Security Program and for the Mayor to enter into an agreement covering the grant period of 09/01/2015 through 08/31/2018; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all — expenses (totaling —336, 651 covering crisis management software /technology support, citizen preparedness services, active shooter /quick action plan services) until such 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 grant funding. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Planning /Grants Section at 851 -4475. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 13, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds totaling $352,651.00 from the New York State Department of Homeland Security and Emergency Services under the New York State Homeland Security Program; and that the Common Council hereby authorizes the Mayor to enter into an agreement covering the grant period of September 1, 2015 through August 31, 2018; and That the Common Council hereby authorizes the City Comptroller to provide for an interfund cash loan for all non - personnel expenses (totaling $336,651.00 covering crisis management software /technology support, citizen preparedness services, and active shooter /quick action plan services) until such reimbursements are secured by the funding source; and that the Common Council hereby authorizes pertinent City and 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 this grant funding. PASSED AYES — 8 NOES - 0 NO. 1485 PERMISSION TO ACCEPT 2015 STONEGARDEN FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources. As suc —, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. OPERATION STONEGARDEN 2015: - Buffalo will receive reimbursement for no more than $15,000 in overtime hours and also, a maximum of approximately $20,000 in equipment and fuel for our Underwater Recovery Waterside Team for our 2025 funding allotment. We will work with US Customs and Border Patrol for homeland protection as well as utilize these resources for our Underwater Recovery Team's efforts for patrolling Buffalo's waterways, especially near the Peace Bridge, and also, for security diving operations in our own community and when our dive team assists other agencies. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. We are requesting that your Honorable Body authorize the following: (1) For the City to accept funds and for the Mayor to enter into an agreement, covering the period 09/01/2015 through 08/31/2028 (a 36 -month period), for participating with the US Department of Customs and Border Patrol through the New York State Division of Homeland Security, under a Memorandum of Understanding with the County of Erie Sheriffs Department, to enhance border enforcement capabilities through marine roving patrol operations; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (no more than $10,000) until such 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 Stonegarden grant funding. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 13, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds from Operation Stonegarden 2015; and that the Common Council hereby authorizes the Mayor to enter into an agreement covering the period of September 1, 2015 through August 31, 2018 for participating with the U.S. Department of Customs and Border Patrol through the New York State Division of Homeland Security, under a Memorandum of Understanding with the County of Erie Sheriffs Department; and That the Common Council hereby authorizes the City Comptroller to provide for an interfund cash loan for all non - personnel expenses (totaling no more than $10,000.00) until such reimbursements are secured by the funding source; and that the Common Council hereby authorizes pertinent City and 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 Stonegarden grant funding. PASSED AYES — 8 NOES — 0 FROM THE COMMISSIONER OF FIRE NO. 1486 URCHASE FIREFIGHTING AGENT "FIREADE 2000" The Buffalo Fire Department respectfully requests permission to purchase the Firefighting agent "FireAde 2000 ". It is the only true Class A and B agent, complying with the National Fire Protection Association (NFPA) 18/1602 wetting agent standard and UL162, foam liquid concentrate. All of Buffalo Fire's apparataus are equipped for the use of foam in their systems and are supplied with FireAde 2000. This product is incompatible with all other products and cannot be mixed with them. Purchasing a different agent would reduce the effectiveness of the Buffalo Fire Department to fight fires and also requires us to purge all of our apparatus of our current agent of choice. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated July 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase the firefighting agent "FireAde 2000 ". It is the only true Class A and B agent, complying with the National Fire Protection Association 18/1602 wetting agent standard and UL 162 form liquid concentrate, and all of Buffalo Fire's apparatus are equipped for the use of foam in their systems and are supplied with FireAde 2000. PASSED AYES — 8 NOES — 0 FROM THE CORPORATION COUNSEL NO. 1487 AMSTAR OF WESTERN NEW YORK, INC. V CITY OF BUFFALO INDEX NO. 2015 - 802623 Amstar of Western New York, Inc. ( "Amstar ") was awarded a contract to paint three (3) bridges ((1) Niagara Street over Scajaquada Creek; (2) Lincoln Parkway over Scajaquada Creek; and (3) Cazenovia Street over Cazenovia Creek) on July 24, 2013 and subsequently brought a breach of contract action seeking sums it believed it was entitled to for additional work. Additional work was required because the Niagara Street Bridge and the Cazenovia Street Bridge could not be painted over due to their condition, and instead required significant preparation to remove excess coating and coal tar, which came at an additional expense. The City modified the work to be performed under the contract to provide for completion of the project. Amstar alleged that it was entitled to an additional $21,800 for the work it performed. After commencement of the litigation, the parties entered into settlement discussions and the Department of Public Works Parks & Streets ( "DPW ") agreed that $10,000 was a fair and reasonable settlement of the matter for the additional work performed. The City does not dispute that the work was performed by Amstar and was found to be acceptable. The settlement proposal is reasonable, is pegged to the value of the work performed in DPW's opinion, and is less costly than proceeding with the litigation. For these reasons, the Corporation Counsel respectfully requests that your Honorable Body authorize payment of $10,000.00 to settle this matter, with the funds to be drawn from Department of Public Works Parks & Streets Account #32160006- 445100, the account under which funds were provided for payment of the contract. Thank you for your attention to and consideration of this matter. Mr. Rivera moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated July 21, 2015, be received and filed; and That the Common Council hereby authorizes payment of $10,000.00 to settle the matter of Amstar of Western New York, Inc. v. City of Buffalo, Index No. 1 2015 - 802623. The funds are to be drawn from Department of Public Works, Parks and Streets Account #32160006- 445100, the account under which funds were provided for payment of the contract. PASSED AYES — 8 NOES - 0 NO. 1488 EXTENSION OF THE LOCK -UP AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGNED FEMALE ARRESTEES ITEM #937, C.C.P. 05/12/2015 1 respectfully request that your Honorable Body authorize the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block, per the attached Sixth Amendment to Lock -Up Agreement. The attached Sixth Amended Agreement includes the same essential terms as the previous amendment to the contract and would extend the agreement through October 31, 2015. Although we anticipate the facility will be open on August 24, 2015, we are submitting this item for a longer extension to account for any unforeseen contingencies. By its terms, the Agreement will terminate upon the City's facility officially opening. This extension to the timeframe was negotiated to allow the City adequate time to train new Cell Block attendants and otherwise finalize preparations for the Holding Center to accommodate the detention of the City's pre- arraigned female arrestees. Thank you for your consideration of this extension. Mr. Rivera moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated July 14, 2015, be received and filed; and That the Common Council hereby authorizes the continuation of the City s pre- arraigned female arrestee detention at the County Cell Block through October 31, 2015 as outlined in the Sixth Amendment to the Lockup Agreement submitted with the Common Council communication. PASSED AYES — 8 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1489 DANCE HALL -75 MAIN ST Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Dance Hall License located at 75 Main St (Buffalo Marriot Harborcenter /Panorama on Seven) and fend that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 75 Main St. 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 13, 2015, with a recommendation for approval; That the Commissioner of Permits and Inspections Services —s hereby authorized pursuant to Chapter 150 of the City Code to issue a Dance Hall License to Kim S. Pegula and Huseyin Taran d /b /a Buffalo Marriot Harborcenter /Panorama on Seven, located at 75 Main Street. PASSED AYES — 8 NOES — 0 NO. 1490 MOBILE FOOD TRUCK 291 SENECA ST BUFFALO, NY 14204 (HOME ADDRESS (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by Louis Billittier @ Chefs Restaurant on the Go, attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 16, 2015, be received and filed; and 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 Louis Billittier of 291 Seneca Street, Buffalo, New York, d /b /a Chefs Restaurant On The Go is hereby approved. PASSED AYES — 8 NOES - 0 NO. 1491 SIDEWALK CAFE' 1264 HERTEL AVENUE Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Car6 License located at 1264 Hertel (The New Jewel of India, Inc.) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1264 Hertel Ave. 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 16, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Kulbir Singh d /b /a The New Jewel of India, Inc., for a Sidewalk Cafe' License located at 1264 Hertel Avenue. PASSED AYES — 8 NOES — 0 NO. 1492 USED CAR DEALER 878 BAIELY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 878 BAILEY and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of JASON JONES & WILLIAM CUEBAS. The attached thereto for JASON JONES & WILLIAM CUEBAS /FLAWLESS AUTO REPAIR SHOP LLC. 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 Economic Development, Permits and Inspection Services, dated June 18, 2015, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Jason Jones and William Cuebas d /b /a Flawless Auto Repair Shop LLC located at 878 Bailey, upon the following conditions: CONDITIONS 1. 5 Car Limit 2. Display Area to be approved by Council 3. No Parts Vehicle 4. No Sound System Installation 5. No Tire Storage PASSED W /COND AYES — 8 NOES - 0 NO. 1493 USED CAR DEALER 1322 BAILEY 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 1322 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car 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 VINCENT VINES. The attached thereto for VINCENT VINES /dba/ STREAMLINE AUTOMOTIVE. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKING FROM: PARKING NO. 1494 AGREEMENT BETWEEN CITY AND BAR - NATIONAL AUTOMATION, INC. AND /OR PARKEON, INC. FOR OPERATION AND SERVICE OF 13 PAY STATIONS ON ELLICOTT STREET /BNMC AREA I am writing to request that Your Honorable Body authorize me as Commissioner of Parking to enter into an operation and service agreement between the City and Ber- National Automation, Inc. and /or Parkeon, Inc. to facilitate operation, service and collections at 13 pay station parking facilities located on or near Ellicott Street in the "Ellicott Street Gateway" area of the Buffalo Niagara Medical Campus. The 13 pay stations were installed as part of the reconstruction and improvement of Ellicott Street for the overall Ellicott Street Gateway project. The operation and service agreement will call for the City to pay a $650 flat fee per month payment ($50 per each of the 13 pay stations per month) plus certain charges for preventive maintenance, on call service, parts and non - warranty service for the period beginning January 1, 2014 through June 30, 2016. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Parking, dated July 14, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to enter into an operation and service agreement between the City of Buffalo and Ber - National Automation, Inc. and /or Parkeon, Inc. to facilitate the operation, service and collections at 13 pay station parking facilities located on or near Ellicott Street in the "Ellicott Street Gateway" area of the Buffalo Niagara Medical Campus. The 13 pay stations were installed as part of the reconstruction and improvement of Ellicott Street for the overall Ellicott Street Gateway project. The operation and service agreement will call for the City of pay a $650.00 flat fee per month payment ($50.00 per each of the 13 pay stations per month), plus certain charges for preventative maintenance, on call service, parts and non - warranty service for the period beginning January 1, 2014 through June 30, 2016. PASSED AYES — 8 NOES - 0 NO. 1495 CITY TAKEOVER OF IMPOUNDED CAR Permission is requested from Your Honorable Body to allow the Department of Parkin8 to take into our inventory an abandoned car that was never claimed from our impound. The car is a 2013 Chevrolet Cruze. Vin # 1 GIIB5SAXDF271449 This car will only be used for parkin8 related business and will not be a take home car. Department Head Name: Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Parking, dated July 16, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to transfer an unclaimed vehicle, a 2013 Chevrolet Cruze, VIN 1G 11B 5 SAXDF271449, from the Dart Street auto impound inventory into the Parking Enforcement fleet. This vehiele will be used only for parking related business and will not be a take home car. PASSED AYES — 8 NOES — 0 FROM THE DEPARTMENT OF HUMAN RESOURCES NO. 1496 INQUIRIES, INC. CONTRACT WILL BE IN EFFECT FROM JANUARY 1,2015 TO JANUARY, 1,2016 ITEM # 29 CCP 12/22/09 DEPARTMENT HEAD TITLE: Commissioner of Human Resources To conduct background investigations and polygraph examinations for candidates who are tendered a conditional offer of employment as entry level police officers or fire fighters REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO. 1497 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on June 23, 2015 Was presented to the Mayor on June 26, 2015, and returned to the City Clerk on July 2, 2015 without approval or disapproval No. 1322 Waiver Parade Permit Fee for 18 Annual Discover Amherst St Festival No. 1324 Waive Special Event Fee for George Washington Fishing and Camping Club Kids Fishing Derby No. 1328 Waiver of Fees "Love Buffalo Event' No. 1329 Waiver of Fees "Love Thy Neighbor Day" No. 1330 Waiver of Fees for Motivation and Orientation Ceremony No. 1333 Waive Pk Rental and Event Fees for Jefferson Arts Festival No 1334 Waive Pk Rental and Special Events Fee for Various Events Was presented to the Mayor on June 26, 2015, and returned to the City Clerk on July 2, 2015 without approval or disapproval RECEIVED AND FILED NO. 1498 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 69 WEST CHIPPEWA 7/30/25015 Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on August 13, 2015 is hereby approved. PASSED AYES — 8 NOES - 0 NO. 1499 APPLICATION FOR RESTRICTED USE PERMIT 69 W CHIPPEWA- AUGUST 13, 2015 DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVEI) Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Rivera moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 30, 2015 is hereby approved. PASSED AYES — 8 NOES — 0 NO. 1500 NO. 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 1115 Seneca St The Hollywood Tavern Hollywood Tavern LLC 1038 Smith St NATES PLACE National Wielbon 451 Elmwood Avenue 451 Elmwood Ave 1980 Inc 95 Main St Bflo Marriott Harbor Ctr Shaner Hotel Holdings Limited RECEIVED AND FILED NO. 1501 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: Common Council- Julia Paul Police -Dana Gordonv Adam Wigdorski, Michael Bauer. Benjamin McDonald— Anthony Disarno, Tiffany Garland, RECEIVED AND FILED. NO. 1502 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED NO. 1503 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 07/16/2015 in the Department of Common Council, Division of City Clerk to the position of Intern VI at the flat rate of $10.00 /hr Jesus Cordero 303 Jersey Street Buffalo NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Common Council, Division of City Clerk to the position of Intern IX at the flat rate of $12.85/hr Charles Floyd 111 20 Rounds Ave. Buffalo NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Common Council, Division of City Clerk to the position of Intern VII at the flat rate of $15.00 /hr Nathalie R. Seballos 191 1 W Street Buffalo NY 14213 NO.1504 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 07/10/2015 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Seasonal at the flat salary of $12.85/hr Patrick Sullivan 149 Colgate Ave. Buffalo Ny 14220 CERTIFICATE OF APPOINTMENT Appointment effective 07/15/2015 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Seasonal at the flat salary of $12.85/hr Derrick Jones 227 Peach St. Buffalo NY 14204 Demetrius Bembry 50 Peace St Buffalo Ny 14211 CERTIFICATE OF APPOINTMENT Appointment effective 07/27/2015 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Seasonal at the flat salary of $12.85/hr Roderick Williams 139 Texas St. Buffalo NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 07/1/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.85/hr Jermiah Horrigan 60 Whitehall Ave. Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 07/7/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.85/hr Savanna R. Pereyra 175 Normal Ave. Buffalo NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 07/10/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.85/hr Cameron Mack 118 W. Humboldt Pkwy. Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 07/15/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.85/hr Jamir Walker 235 Schuele Buffalo NY 14215 Elizabeth Petrella 1180 Amherst St. Buffalo NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 07/1/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguard, Seasonal at the flat salary of $12.85/hr Antonio Cicelske 321 Auburn Ave. Buffalo NY 14213 NO. 1505 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 07/06/2015 in the Department of Police, Division of Admin & Communication to the Position of Cell Block Attendant, Permanent appointment at the minimum salary of 25,283.00 Vanessa Robinson 143 Edna Place Buffalo NY 14209 Melissa A, Miszewski 236 Voorhees Ave #Upper Buffalo NY 14214 Joseph Cutolo 162 Ridgewood Rd. Buffalo NY 14220 Sonya Bell 448 Monroe Street Buffalo NY 14220 Stephanie M. Feliciano 25 Shoshone St. Buffalo NY 14214 Renaiyah A. Cornelious 465 South Division St. Buffalo NY 14204 Kelly M. Pirro 163 Crystal Avenue Buffalo NY 14220 Mathew J Dwyer 49 Marlemount Ave. Buffalo NY 14220 Eric D. Zoll 111 Potters Rd. Buffalo NY 14220 Melaney Agahula 110 Burke Dr. Buffalo NY 14215 Jasmine East 227B Langfield Dr.Buffalo NY 14215 Mathew J. Vanderwerf 122 Ideal Street Buffalo NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Permanent appointment at the minimum salary of 24,000.00 Abdirashid Ahmed 149 Potomac Ave Buffalo0 NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 07/6/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Motor Equipment Mechanic, Provisional appointment at the minimum salary of 24,000.00 Carl E. Jones 28 A. Camelot Ct. Buffalo NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 07/13/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Pumping Plant Operator, Permanent, appointment at the minimum salary of 41,225.00 Freddy G. Tirado 54 Fairchild PI. Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Pumping Plant Operator, Permanent, appointment at the minimum salary of 41,225.00 George Sawyer 23 Caryle Ave Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 07/10/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Truck Driver, Provisional, appointment at the minimum salary of $24,000.00 Johnnie White 108 Fernhill Buffalo NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Service Inspector, Provisional, appointment at the minimum salary of $25,591.00(Step 11) Michael Zmuda 137 Dundee St. Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 07/20/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Service Worker, Provisional, appointment at the minimum salary of $24,184.00(Step 11) Donald Abbott 324 Roesch Buffalo NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 07/13/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Treatment Supervisor, Permanent, appointment at the minimum salary of $58,133.00 Janrobin Ford 47 Alturia St. Buffalo NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1506 C. MEADOWS- CONCERNS DISCRIMINATION AND TOXIC WASTE I would like for this email to be printed out and entered to the clerk's office as a request to be put on the agenda to speak in order to speak about discrimination and toxic waste at the next public session held in council chambers. If I am not put on the agenda, I want to the ordinance number that gives the council or the clerk's office the power to prevent residents from speaking. Thankyou, Carolette Meadows REFERRED TO THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 1507 GBNRTC - NYSDOT PLANS TO CHANGE HIGHWAY FUCTIONAL CLASSIFICATION OF RT 198 Public Notice - Resolution 2015 -11 If you're having trouble viewing this email, you may see it online. Share this: I Public Notice - Resolution 2015 -11 The Greater Buffalo- Niagara Regional Transportation Council ( GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is intending to adopt changes to the 2003 Highway Functional Classification within the urban boundary of Erie and Niagara Counties. The proposed functional classification change includes: • The New York State Department of Transportation ( NYSDOT) plans to change the Highway Functional Classification of NY Route 198 from NHS /Principal Arterial Expressway (FC 12) to NHS /Principal Arterial Other (FC 14). These functional classification changes are documented as attached and will be submitted to the New York State Department of Transportation for further submittal to the Federal Highway Administration for FHWA review and approval. Public comments will be received through July 28, 20t5. A map and additional information can be found HERE. 438 Main Street, Suite 503 1 Buffalo, NY 14202 1 Ph: 716.856,2026 RECEIVED AND FILED NO. 1508 M JERGER -TOWN OF AMHERST ZONING BD OF APPEALS RE 73 GREENWAY RD AMHERST PLEASE TAKE NOTICE that a public hearing will be held by the Zoning Board of Appeals of the Town of Amherst in the Amherst Municipal Building, 5583 Main Street, Williamsville, New York on Tuesday, July 21,2015, at 7:00 P.M. on an appeal taken by Molly Clauss, 73 Greenaway Road, Amherst, NY 14226 requesting a special use permit to the Town of Amherst Zoning Ordinance for a home occupation - tutor at 73 Greenaway Road, Town of Amherst. For further information on this matter, please visit the main page of the Town's website at www.amherst.ny.us within the "Zoning Board of Appeals" item listed in the "Track Us" heading or contact the BUILDING DEPARTMENT at 631 -7080. Please Note: You may check the Town's website at www.amherst.ny.us prior to attending the meeting to see if any hearings have been cancelled. RECEIVED AND FILED NO. 1509 NYSDEC - CLEENUP BROWNFIELD SITE CONTAMINATION 500 SENECA ST Report Recommends Cleanup of Brownfield Site Contamination The New York State Department of Environmental Conservation (DEC) is reviewing the Remedial Investigation Report for the 500 Seneca Street Site ( "site ") located at 500 Seneca Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location(s) identified below under "Where to Find Information." Remedial Investigation Report DEC is reviewing the "Remedial Investigation Report" that was submitted by 500 Seneca Street, LLC ( "applicant(s) "). The report describes the results of the site investigation and recommends development of a remedy to address the contamination that was found. Highlights of the Remedial Investigation Report Summary of the Investigation for OU 01: Investigations have determined that elevated levels of volatile organic compounds (VOCs) including and semi - volatile organic compounds (SVOCs) as well as metals including arsenic, lead and mercury existed at the site. Soils within a loading dock area were determined to contain VOCs including trichloroethylene (TCE) and perchloroethene (PCE) exceeding site cleanup goals. SVOCs associated with former petroleum storage tanks were found in the western lot area. Metals including arsenic, lead and mercury were also found to exceed commercial cleanup goals. Several miscellaneous items were found which require remediation including the cleaning of a basement that was flooded. An inactive blower motor sump within the basement was found to contain low level poly - cyclic biphenyls (PCBs). Also found were several hundred florescent light bulbs and ballasts along with several random pails and cans containing miscellaneous greases and chemicals requiring removal and disposal. Groundwater is located from 6 to 10 feet below the ground surface. Groundwater contained residual VOCS and SVOCs. Groundwater is not of quantity or quality for potable uses. Additionally, groundwater is prohibited from use without treatment or without notification to the Department. Public water service is provided to the site. Summary of the Investigation for OU O1 A: Prior to the IRM surface soils located in a small, empty lot area in the western portion of the site which contained a maintenance garage, parking and a re- fueling area were impacted with semi - volatile volatile compounds (SVOCs). The SVOCs consisted mainly of polycyclic aromatic hydrocarbons (PAHs), a group of organic contaminants that form from the incomplete combustion of hydrocarbons, such as coal and gasoline. Also found in the western lot area were volatile organic compounds (VOCs) that remained after a removal of two former USTs and approximately 45 tons of impacted soil addressed under DEC Spills Program (Spill No. 0751217). The petroleum related compounds including benzene, ethylbenzene, toluene and xylene all exceeded unrestricted SCOs. Sub - surface soils were also impacted with, semi - volatile organic compounds (SVOCs) and metals. Summary of the Investigation for OU 01 B: Prior to the IRM investigations had noted the presence of volatile organic compounds (VOCs) including, trichloroethene (TCE) and tetrachloroethene (PCE.) These compounds existed in the soil and groundwater in a roughly 30 feet by 30 feet area within a loading dock area in the north- central portion of the existing building. Post IRM excavation sampling affirmed the removal of the impacted soils was effective in addressing the recommendations set forth in the two Soil Vapor /Indoor Air matricies included in the DOH's "Final Guidance for Evaluating Soil Vapor Intrusion in State of New York" dated October 2006 to "identify sources and reduce exposures ". Post -IRM groundwater monitoring has shown the removal to be effective in removing the source area. Sampling results from all monitoring wells were below groundwater quality standards for VOCs. The excavation was backfilled with approved backfill and concrete was re- poured over the excavation. Next Steps DEC will complete its review, make any necessary revisions and, if appropriate, approve the investigation report. The approved report will be made available to the public (see "Where to Find Information" below). The applicant(s) may then develop a cleanup plan, called a "Remedial Work Plan." This plan describes how contamination will be addressed, with DEC and DOH overseeing the work. DEC will present the draft cleanup plan to the public for its review and comment during a 45 -day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site. Location: The 500 Seneca Street Site is located in an urban, mixed -use, commercial and residential area. Located within the City of Buffalo the approximately 1.87 acre site encompasses an entire block bordered by Seneca Street to the South, Myrtle Street to the North, Hamburg Street to the East and Spring Street to the West. Site Features: The site is comprised of a 328,000 square foot multi -story building with a small open lot on the western site of the parcel. The building was constructed beginning in 1901 with various additions and expansions. An open -air courtyard exists in the eastern portion of the building. Current Zoning and Land Use: The site is currently vacant commercial property, and is zoned M -I, light industrial district. The building is listed in the National Registry of Historic Places. The future use of the site is intended for restricted residential and commercial. The nearest residential parcel is less than 500 feet to the north. Past Use of the Site: The site originally housed the F.N. Burt Company, which utilized the property for box manufacturing from original building construction in the early 1900's until 1959. Between approximately 1968 and 1980, Wolkind Bros, Inc., a clothing rental company, utilized the property. Between 1986 and 2004, the site was used for manufacturing, warehousing and shipping operations. The site has been largely vacant and underutilized since manufacturing operations ceased in 2004. Two underground storage tanks were removed in December 2007 under spill number 0751217. In addition to the tanks approximately 45 tons of petroleum contaminated soil and 1,650 gallons of petroleum /water mixture was removed and disposed. Residual petroleum remained under a single story garage. The remaining impacts resulted in a closed- inactive status for the petroleum spill. Site Geology and Hydrology: The majority of the site is characterized by 6 inches of asphalt or concrete above 6 inches of gravel, with underlying fill soils comprised mostly of sand and brick from 4 to 4.5 feet below ground surface. Native soils are encountered about 4.5 feet below ground surface and generally consist of clayey silt with intermittent layers of silty sand and gravel. Bedrock consisting of Middle Devonian, Onondaga Shale was encountered about 13 feet below ground surface Groundwater is encountered from 5 to 9 feet below ground surface. However when excavated to bedrock little infiltration was noted, indicative of a perched condition. The site is located approximately 0.8 miles northeast of the Buffalo River and local Site groundwater flows west - northwest with the upper horizon influenced by urban infrastructure. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.ny.gov /chemical /l02463.html and http:// www. dec. ny_.g ov/ cfmx/ extapps/ dcrextcrnal /haz /details.cfm ?paaeid =3 &progno= C915273. Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses may include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.ny. —ov /chemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following locations to help the public stay informed. Buffalo & Erie County Public Library Attn: Ms. Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 716 - 858 -8900 (iakubowskim(c�bufl'alolib.orq) New York State Department of Environmental Conservation Attn: Maurice Moore 270 Michigan Avenue Buffalo, NY 14203 716 - 851 -7220 RECEIVED AND FILED NO. 1510 NYSDEC- REMEDIAL INVESTIGATION PILGRIM VILLAGE REDEV 903 ELLICOTT Site Name: Pilgrim Village Redevelopment /Campus Square DEC Site #: C915294 Address: 903 Ellicott Street; Buffalo, NY 14209 Website: http : / /www.dec.ny_.gov /chemical /102472.html Draft Remedial Investigation /Interim Remedial Measures Work Plan for Brownfield Site Available for Public Comment The public is invited to comment on a draft work plan being reviewed by New York State Department of Environmental Conservation (DEC) to investigate the Pilgrim Village Redevelopment /Campus Square site ( "site ") located at 903 Ellicott Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location identified below under "Where to Find Information." Draft Remedial Investigation /IRM Work Plan The draft investigation /interim remedial measures (IRM) work plan, called a "Draft Remedial Investigation /interim Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program. The investigation will be performed by Campus Square LLC and North- Ellicott Management, Inc. ( "applicant(s) ") with oversight by DEC and New York State Department of Health (DOH). How to Comment DEC is accepting written comments about the draft investigation work plan for 45 days, from July 7, 2015 through August 21, 2015. The proposed plan is available for review at the location identified below under "Where to Find Information." Please submit comments to the DEC project manager listed under Project Related Questions in the "Who to Contact" area below. Highlights of the Proposed Site Investigation /IRM The investigation will define the nature and extent of contamination in soil, groundwater and any other parts of the environment that may be affected. An IRM is a cleanup activity that may be performed when a source of contamination or exposure pathway (the way in which a person may contact contamination) can be effectively addressed without extensive investigation and evaluation. The Remedial Investigation (RI) will be implemented to characterize site conditions and identify the appropriate remedy for the Site prior to redevelopment. The RI will include the collection and analysis of soil samples from 60 locations and the installation of six monitoring wells to characterize Site groundwater conditions. Following completion of the RI, an IRM will be completed to remove all non - native fill material that exists across the site. It is estimated that approximately 45,000 cubic yards of contaminated fill material will be removed from the site. The extent of this fill material will be further defined during the remedial investigation. Next Steps DEC will consider public comments, revise the plan as necessary, and approve the work plan. DOH must concur with the plan. After the work plan is approved, the activities detailed in the work plan will be implemented. When the IRM is completed, a report will be prepared and submitted to the DEC that summarizes the results. DEC will review the report, make any necessary revisions and, if appropriate, approve the report. After the IRM, a Decision Document will be prepared recommending a no action or no further action alternative. Background Location: The Site is located in an urban area, in the City of Buffalo and bordered by North Street, Michigan Avenue, Best Street, and Ellicott Street. Residential properties are located to the north, east and west while health care facilities are located to the south and west. Site Features: The site is generally flat, is bisected by Halloway Boulevard and contains a mix of buildings consisting of multi - family apartments /town homes asphalt parking /driveway areas, sidewalks and landscaped lawn areas. Current Zoning and Land Use: The site is currently used for multi - residential purposes and is zoned residential /commercial. The surrounding parcels are currently used for a combination of commercial, residential, light industrial, and utility right -of -ways. Past Use of the Site: The W.A. Eckert Manufacturing Company was located inside the NW comer of the proposed Brownfield Site from approximately 1884 to at least 1925 and produced aluminum, brass, and copper specialties. An auto repair shop operated just off the northwestern edge of the proposed Brownfield Site from approximately 1931 to 1968. A gas tank is shown in historical records for that auto repair shop, but there are no records of a tank removal. Soil samples results collected to date include Arsenic detected above DEC Part 375 Industrial Use SCOs, mercury exceeded Commercial SCOs, lead, selenium, zinc, three pesticides (4,4 -DDE; 4,4 -DDD and 4,4 -DDT), and SVOC benzo(k)fluoranthene exceeded DEC Part 375 Restricted Residential and /or Unrestricted Use SCOs. Site Geology and Hydrogeology: Subsurface conditions encountered at the site consists of approximately 4 to 7 feet of sand and silt fill materials overlying native soils. The native soils typically consisted of clay, silt, and sand. No groundwater investigation has been performed to date. Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses may include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.ny.gov /chemical /845O.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location to help the public stay informed. Buffalo & Erie County Public Library Attn: Carol Ann Batt 1 Lafayette Square Buffalo, NY 14203 716 - 858 -8900 Project documents are also available on the DEC website at: http: / /www.dec.ny_.gov /chemical /l02472.html. RECEIVED AND FILED NO. 1611 NYSDEC- REMEDY PROPOSED BROWNFIELD SITE CONTAMINATION 766 NEW BABCOCK Site Name: ENRX Inc Voelker Analysis DEC Site #: C915150 766 New Babcock Address: City of Buffalo, Erie County Website: http:www.dec.ny_.gov /chemical /l02537.html Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the ENRX, Inc - Voelker Analysis site ( "site ") in the City of Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location identified below under "Where to Find Information." The cleanup activities will be performed and funded by the site owner, Diamond Hurwitz Scrap, LLC (applicant) with oversight provided by DEC. When DEC is satisfied that cleanup requirements have been achieved, the applicant may be eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http:www.dec.ny_.gov /chemical /102537.html and http// www. dec. ny_.g ov/ cfmx/ extapps/ derexternal/ haz/ detailscfm ?pa.geid= 3 &progno= c9l5l50ml and— 5150. How to Comment DEC is accepting written comments about the proposed cleanup plan for 45 days, from July 7 through August 21, 2015. The draft Remedial Investigation and Alternative Analysis Report (RIAAR) containing the proposed site remedy is available for public review at the location identified below under "Where to Find Information." Please submit comments to DEC project manager listed under Project Related Questions in the "Who to Contact" area below. The proposed remedy consists of: 1. Installation of a groundwater pump and control system to prevent impacted groundwater from exiting the site, by pumping the groundwater from the northern, down gradient end of the site and treating with granulated activated carbon before discharging to the local municipal sewers; 2. Covering the remaining, contaminated near surface soil /fill with either concrete /asphalt pavement or a minimum of one foot of clean soil or crushed stone placed on top era demarcation layer; 3. Installation of a sub -slab depressurization system to prevent contaminant - impacted soil vapor from accumulating beneath the concrete slab floor of the on -site building and impacting the indoor air; Imposing an environmental easement on the property that will restrict it to commercial or industrial uses; and, Implementing a Site Management Plan that will detail the management of any future excavations in areas of remaining contamination, detail site monitoring requirements, (including groundwater monitoring), require a soil vapor intrusion investigation and /or mitigation on all newly constructed on -site buildings and detail the steps necessary for the periodic review and certification of these site controls In addition to the proposed remedy, interim remedial measures (IRMs) have already been completed at the site. An IRM is an activity to address both emergency and non - emergency site conditions, which can be undertaken without extensive investigation and evaluation, to prevent, mitigate or remedy environmental damage. The IRMs completed at the site included: 1. The identification and removal of six underground storage tanks including excavation and off -site disposal of approximately 1200 tons of impacted soils, and the removal of 24 tons of construction mad demolition debris from test pits completed during the remedial investigation. 2. Placement of one to two feet of clean soil and crushed stone over the surface of areas where buried utilities prevented the excavation of test pits. 3. Completion of groundwater pumping tests to assess the effectiveness of capturing and preventing contaminated groundwater from migrating off site. The completed IRMs, coupled with the planned control and treatment of groundwater, the site cover and the sub -slab depressurization systems for existing and new buildings on site will reduce the risk of exposure to contaminants. Summary of the Investigation Consistent with the initial findings of earlier site investigations, the remedial investigation confirmed that chlorinated solvent - related volatile organic compound (VOC) impacts are localized to the site, with the highest concentrations identified in the groundwater near the site's southwest comer, where underground storage tanks were once located. To a lesser degree, semi - volatile organic compounds, PCBs and select metals were also found in the groundwater and soils. Next Steps DEC will consider public comments received on the proposed remedy presented in the draft RIAAR and ultimately issue a final Decision Document. New York State Department of Health (DOH) must also concur with the remedy. The final RIAAR (with revisions if necessary) and the Decision Document will be made available to the public. The applicant(s) may then design and perform the cleanup action to address the site contamination, with oversight by DEC. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The site is located at 766 New Babcock Street, near Williams Street, in the eastern portion of the City of Buffalo, Erie County. Site Features: The Site 0.85 -acre site consists of a warehouse /maintenance building with an attached office, fenced perimeter and parking lot, outdoor equipment storage area and two entrance driveways with electronic security gates. The site is directly east of and across the street (Hannah Street) from the owner's existing metal recycling facility. Current Zoning /Uses: The site is zoned for industrial use and is currently used by the metal recycling facility for storage and office space. The surrounding area is developed with the recycling facility to the west, NFTA bus garages to the southeast, vacant lots to the east, and industrial buildings and manufacturing facilities to the north, along Williams Street. The nearest residential properties are approx. 1300 ft. to the southwest of the site. Historical Use: Voelker Analysis was a small, permitted hazardous waste facility for the processing and recovery of chlorinated organic solvents. It was housed in a multi -story wood frame structure and adjoining one -story brick and concrete block building. The facility handled waste solvents such as methylene chloride, trichloroethylene, perch loroethylene and 1 -1-1 -trichloroethane. The facility was acquired by ENRX in August of 1987, which moved the solvent recovery operations from the wood frame building into the adjoining brick structure. In 1989, the facility's hazardous waste recovery permit was revoked and the facility was abandoned. Between 1990 and 1992, the USEPA removed nearly 500 drums of chlorinated solvent wastes that had been left in the facility. Between 1998 and 1999, the older wood frame portion of the facility was demolished by a subsequent owner. Site Geology and Hydrogeology: Fill material covers the entire site. It consists of sand, gravel, and silty clay mixed with varying amounts of brick, concrete and wood fragments, plastic, glass, ash and cinders. Limestone bedrock was found at a depth of 8 to 10 feet, covered with one foot or less of native silt and clay. Groundwater was found at or near the interface of overburden soil and bedrock, and flows in a northerly direction beneath the site. Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or ether uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.ny_.gov /chemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location to help the public stay informed. Buffalo and Erie County Public Library 1 Lafayette Square Buffalo, NY 14203 Selected project documents are also available on DEC's website at: http: / /www.dec.ny. — :ov /chemical /l02537.html. Who to Contact [:Comments and questions are always Welcome and should be directed as follows: [ Project Related Questions David Locey New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 716 - 851 -7220 david.locey@dec.NY.gov {Call for an appointment) Site - Related Health Questions Matt Forcucci New York State Department of Health 584 Delaware Avenue Buffalo, NY 14202 716 - 847 -4501 beei @health. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. RECEIVED AND FILED NO. 1512 NYSDEC- REMEDY PROPOSED BROWNFIELD SITE CONTAMINATION 500 SENECA 500 Seneca Street Site C915273 Operable Units 01, 01 A, 01 B' 500 Seneca Street; Buffalo, NY 14204 http:// www. dee .ny_.gov /chemieal /l02463.html Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 500 Seneca Street Site ( "site ") located at 500 Seneca Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the locations identified below under "Where to Find Information." Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site does not pose a significant threat to public health or the environment. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from July 15, 2015 through August 31, 2015. The proposed plan is available for public review at the locations identified below under "Where to Find Information." Please submit comments to the DEC project manager listed under Project Related Questions in the "Who to Contact" area below. Draft Remedial Work Plan and Proposed Decision Document The cleanup plan is described in DEC's Proposed Decision Document, which is based on a more detailed "Remedial Work Plan ". The proposed remedy consists of: Summary of the Remedy for OU O 1 An Interim Remedial Measure (IRM) is a remedial action, such as excavation and removal that quickly eliminate sources of contamination. IRMs are often incorporated in redevelopment projects where contamination quantity and extent are known. At the 500 Seneca Street Site two IRMs were completed including removal of petroleum contaminated soil from a former underground storage tank area and removing a small quantity of metals contaminated soil. An asphalt parking lot was placed over the excavated area. A second IRM was completed within the building's loading dock area. An area approximately 30 feet by 30 feet was excavated down to existing bedrock effectively removing for disposal any Volatile Organic Compounds (VOCs) from the soil in the area. General housekeeping items will be addressed such as, removal of any fluorescent light and ballasts for proper disposal, removing any item such as pails, jugs of waste supplies and any mercury containing thermostats or any other item that could, if left undressed, be a potential detriment to public health or the environment. Summary of the Remedy for OU O1 A: An IRM, completed November 25, 2014 excavated approximately 385 tons of soil in the western lot area, addressing the residual material that could not be removed under Spill No. 0751217. The petroleum impacted soils were removed to approximately 8 feet below ground surface and laterally until site SCOs were met. Excavation of this material also removed the one arsenic result of 24.3 mg /Kg that exceeded SCOs. Also included in this IRM was a separate area excavated to approximately 2 feet below ground surface that removed PAHS found in surface sample SS -3. Post remedial sampling results note PAHS slightly above restricted residential SCOs remain in this area. A site cover is in place that includes asphalt and a small area of soil cover meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for restricted residential use. Summary of the Remedy for OU 01 B: A second IRM included excavation of volatile organic compound (VOCs) impacted soils in a loading dock area within the northern- central portion of the facility. The extent of excavation was limited due to structural concerns relating to building walls adjacent to the excavation. Excavation was completed to bedrock effectively removing VOCs to applicable site cleanup objectives. This removal addressed recommendations of the two Soil Vapor /Indoor Air Matrices included in the DOH's "Final Guidance for Evaluating Soil Vapor Intrusion in the State of New York" dated October 2006 to "identify sources and reduce exposures ". The excavation was backfilled with approved backfill and concrete was re- poured over the excavation. The proposed remedy was developed by 500 Seneca Street, LLC ( "applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP). Summary of the Investigation for O U 01: Investigations have determined that elevated levels of volatile organic compounds (VOCs) including and semi - volatile organic compounds (SVOCs) as well as metals including arsenic, lead and mercury existed at the site. Soils within a loading dock area were determined to contain VOCs including trichloroethylene (TCE) and percblomethene (PCE) exceeding site cleanup goals. SVOCs associated with former petroleum storage tanks were found in the western lot area. Metals including arsenic, lead and mercury were also found to exceed commercial cleanup goals. Miscellaneous items were found which require remediation, such as, the cleaning of a basement area that had been flooded and an inactive blower motor sump within the basement found to contain low level polyehlorinated biphenyls (PCBs). Also found were several hundred florescent light bulbs and ballasts along with several random pails and cans containing miscellaneous greases and chemicals requiring removal and disposal. Groundwater is located from 6 to 10 feet below the ground surface. Groundwater contained residual VOCS and SVOCs. Groundwater is not of quantity or quality for potable uses. Additionally, groundwater is prohibited from use without treatment or without notification to the Department. Public water service is provided to the site. Summary of the Investigation for OU O1 A: Prior to the IRM surface soils located in a small, empty lot area in the western portion of the site which contained a maintenance garage, parking and a re- fueling area were impacted with semi - volatile volatile compounds (SVOCs). The SVOCs consisted mainly of polycyclic aromatic hydrocarbons (PAHs), a group of organic contaminants that form from the incomplete combustion of hydrocarbons, such as coal and gasoline. Also found in the western lot area were volatile organic compounds (VOCs) that remained after a removal of two former USTs and approximately 45 tons of impacted soil addressed under DEC Spills Program (Spill No. 0751217). The petroleum related compounds including benzene, ethylbenzene, toluene and xylene all exceeded unrestricted SCOs. Sub - surface soils were also impacted with, semi - volatile organic compounds (SVOCs) and metals. Summary of the Investigation for OU 01 B: Prior to the IRM investigations had noted the presence of volatile organic compounds (VOCs) including, trichlomethene (TCE) and tetrachloroethene (PCE.) These compounds existed in the soil and groundwater in a roughly 30 feet by 30 feet area within a loading dock area in the north- central portion of the existing building. Post IRM excavation sampling affirmed that the removal of the impacted soil was effective in addressing the recommendations set forth in the two Soil Vapor /Indoor Air matrices included in the DOH's "Final Guidance for Evaluating Soil Vapor Intrusion in the State of New York" dated October 2006 to "identify sources and reduce exposures ". Post -IRM groundwater monitoring has shown the removal to be effective in removing the source area. Sampling results from all monitoring wells were below groundwater quality standards for VOCs. The excavation was backfilled with approved backfill and concrete was re- poured. Next Steps DEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. DOH must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work Plan and Proposed Decision Document are revised as needed to describe the selected remedy, and will be made available to the public. The applicant(s) may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 500 Seneca Street Site is located in an urban, mixed -use, commercial and residential area. Located within the City of Buffalo the approximately 1.87 acre site encompasses an entire block bordered by Seneca Street to the South, Myrtle Street to the North, Hamburg Street to the East and Spring Street to the West. Site Features: The site is comprised of a 328,000 square foot multi -story building with a small open lot on the western site of the parcel. The building was constructed beginning in 1901 with various additions and expansions. An open -air courtyard exists in the eastern portion of the building. Current Zoning and Land Use: The site is currently vacant commercial property, and is zoned M -1, light industrial district. The building is listed in the National Registry of Historic Places. The future use of the site is intended for restricted residential and commercial. The nearest residential parcel is less than 500 feet to the north. Past Use of the Site: The site originally housed the F.N. Burt Company, which utilized the property for box manufacturing from original building construction in the early 1900's until 1959. Between approximately 1968 and 1980, Wolkind Bros, Inc., a clothing rental company, utilized the property. Between 1986 and 2004, the site was used for manufacturing, warehousing and shipping operations. The site has been largely vacant and underutilized since manufacturing operations ceased in 2004. Two underground storage tanks were removed in December 2007 under spill number 0751217. In addition to the tanks approximately 45 tons of petroleum contaminated soil and 1,650 gallons of petroleum /water mixture was removed and disposed. Residual petroleum remained under a single story garage. The remaining impacts resulted in a closed- inactive status for the petroleum spill. Site Geology and Hydrology: The majority of the site is characterized by 6 inches of asphalt or concrete above 6 inches of gravel, with underlying fill soils comprised mostly &sand and brick from 4 to 4.5 feet below ground surface. Native soils are encountered about 4.5 feet below ground surface and generally consist of clayey silt with intermittent layers of silty sand and gravel. Bedrock consisting of Middle Devonian, Onondaga Shale was encountered about 13 feet below ground surface Groundwater is encountered from 5 to 9 feet below ground surface. However when excavated to bedrock little infiltration was noted, indicative of a perched condition. The site is located approximately 0.8 miles northeast of the Buffalo River and local Site groundwater flows west - northwest with the upper horizon influenced by urban infrastructure. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.ny.gov /chemical /102463.html and http: / /www. dec. ny_.g ov /cfmx/extapps/ derexternal !haz /detaiIs.cfm ?pageid =3 &pro gov= C915273 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http:// www .dec.nv.gov /chemicall8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following locations to help the public stay informed. Buffalo & Erie County Public Library Attn: Ms. Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 716 - 858 -8900 (iakubowskim(c�buffalolib.orq) New York State Department of Environmental Conservation Attn: Maurice Moore 270 Michigan Avenue Buffalo, NY 14203 716 - 851 -7220 mau rice. moore(a dec. ny_.gov 33 mothy M Sick /5/ —.- 972 Lafayette Ave. Buffalo, N4 14209 RECEIVED AND FILED NO. 1513 T. SICK - APPEALING PRESERVATION BD DECISION FOR 728 LINWOOD Dear City Of Buffalo Common Council, I respectfully request a hearing to overturn the finding of the Preservation Board in regards to the Preservation Board's finding of not allowing me to build a "slab on grade home with an attached garage for my aging health conditions at 928 Linwood Ave, Buffalo NY Asking that I be able to build my home that will meet my needs in an area that up until December of 2014 was not a Preservation District issue and my permits were issued on May 28th, 2014. Regards, Timothy M. Sick REFERRED TO THE COMMITTEE Oft LEGISLATION. NO. 1514 J. STEINWANDEL- LETTER OF RESIGNATION Councilmember Scanlon, This is to inform you that effective July 31, 2015 1 will resign as Legislative Assistant in the South District Council Office, and take a position as Human Resource Planner in the Department of Community Services, Division of Contract Administration. Sincerely, RECEIVED AND FILED PETITIONS NO. 1515 M. ANDERSON, AGENT, USE 3149 MAIN -FOR EXPANSION OF A RESTAURANT IN THE TRANSIT STATION DISTRICT, AND FOR SIDEWALK USE (HRG 07 /28)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1516 T. COWAN, OWNER, USE 468 ABBOTT, NEW OWNERS FOR A BAR/RESTAURANT IN THE ABBOTT /MCKINLEY SPECIAL ZONING DISTRICT (HRG 07 /28)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1517 T. COWAN, OWNER, USE 451 ELMWOOD -NEW OWNER RESTAURANT TO ERECT AN ADDITION TO THE RESTAURANT AND USE PARKING LOT FOR OUTDOOR PATIO (HRG 07/28)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1518 H. SYED, OWNER, USE 42 BRECKENRIDGE AKA 36 MASON - CREATE 1 FAMILY UNIT IN A 3 STORY MASONRY MIXED USE INDUSTRIAL BLDG IN THE NIAGARA COASTAL SPECIAL REVIEW DISTRICT (HRG 07/28)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1519 R. SANDERS, AGENT, USE 658 OHIO TO ERECT A 1 STORY STEEL MANUFACTURING ADDITION TO THE REAR OF A METAL WORKING PLANT IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (HRG 07 /28)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD NO. 1520 K. SCRITCHFIELD, AGENT, USE 125 WASHINGTON TO INSTALL A FULL USE DOUBLE LED BILLBOARD (HRG 07 /28)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 1521 D. THOMAS & O- PETITION FOR STOP SIGN AT ROSEDALE AND ROESCHAVENUE Cheryl Misiejuk & Residents 77 Rosedale Street (Residents of Rosedale, Roesch, Argus, Newfield Streets) Buffalo, New York 14207 Dear Councilman Gololmbek, Mr. Stepniak, It is with deep concern of safety of all children playing, residents walking, crossing, drivers and passengers whom all encounter the corners of Roesch and Rosedale Streets. We the community of this neighborhood are asking desperately to put a Stop Sign on Roesch Ave. corner of Rosedale Street. There have been too many very near accidents at this corner due to the extremely limited view of approaching g traffic when pulling out of Rosedale Street onto Roesch Avenue as well as driving over Roesch Avenue onto Rosedale Street. Drivers have to pull more than half way into the intersection of Roesch Ave. to view, if here is any traffic approaching.. Due to the change of today's autos they are now large suvs, trucks, vans, etc. It is very difficult to see oncoming traffic over them. We have repeatedly call 311, records on file can be verified. Our neighbor did have an accident there, at which time a police report was filed. When an accident does happen it is the fault of the driver who is passed the Stop Sign and pulled into on coming traffic for limited viewing. As you are all aware we pay the highest insurance premiums in New York State. With an accident, insurance increases, why should anyone have to pay higher insurance for a source we are trying to prevent? If we had a 3 way Stop as most streets do coming up Roesch Avenue from Tonawanda Street to Kenmore Avenue this will be preventing an accident, high insurance rates, and possibly and injury or most importantly a precious life. We are asking you to Please place Stop Sign on Roesch Avenue at Rosedale Street We are now Pleading, Please do not wait for Tragedy to make change. As a community, we look forward to hearing from you. Sincerely, Cheryl Misiejuk Signed petition attached. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1522 APPOINT REAL ESTATE SPECIALIST (PROV)(INTER)(CARROLL)(STRAT PLAN) (C.C.P. #15 -1340, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1340 of July 7, 2015 be received and filed and that the Provisional Appointment of Bogusia Carroll of 54 Holly Street, Buffalo NY 14206 at the Interm Step of 57,908 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1523 APPOINT TRAFFIC AGENCY CLERK(ERM)(SEDORE)(TRAFF VIO) (C.C.P. #15 -1341, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1341 of July 7, 2015 be received and filed and that the Permanent Appointment of Wendy S. Sedore, 9 Stoneledge Curt, Williamsville, NY 14221 at the Maximum Step of $39,460.33 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1524 APPOINT TRAFFIC AGENCY REPRESENTATIVE (PERM)(LESNIAK)(TRAFF VIO) (C.C.P. #15 -1342, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1342 of July 7, 2015 be received and filed and that the Permanent Appointment of Serena Lesniak, 94 Hartwell Rd, Buffalo NY 14216 at the Maximum Step of $45,519.82 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1525 APPOINT SUPER TRAFFIC AGENCY REPRESENTATIVE I (PERRN)(MCALEER)(TRAFF VIO) (C.C.P. #15 -1343, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1343 of July 7, 2015 be received and filed and that the Permanent Appointment of Kristi A. McAleer, 3 Wilbury PI., Buffalo NY 14216 at the Maximum Step of $47,789.94 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1526 APPOINT ASSISTANT WTR DISTRIBUTION SUPER (INTER)(MCMANUS)(PW) (C.C.P. #15 -1357, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1357 of July 7, 2015 be received and filed and that the Permanent Appointment of Patrick McManus, 223 Dearborn St., Buffalo 142074 at the 3r Step of $58,768.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1527 APPOINT CHIEF PUMPING PLANT ENGINEER(PROV)(MAX)(KUMRO)(PW) (C.C.P. #15 -1358, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1358 of July 7, 2015 be received and filed and that the Provisional Appointment of Kathleen Kumro, 14 Sibley St, Buffalo NY 14220 at the Maximum Step of $50,755.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1528 APPOINT FILTRATION PLANT MAINT SUPERVISOR I (TEMP)(INTER)(GURBACKI)(PW) (C.C.P. #15 -1359, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1359 of July 7, 2015 be received and filed and that the Temporary Appointment of John Gurbacki, 150 Riverside Ave, Buffalo NY 14207 at the Intermediate Step of $31,474.00 is hereby Approved. PASSED AYES 8, NOESO NO. 1529 APPOINT DETECTIVES(PERM)(FLAT)(HARRIS, SANCHEZ, ZANGHI, HEITZCHAUS, NEUREUTHER, HERBERT)(POL) (C.C.P. #15 -1362, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1362 of July 7, 2015 be received and filed and that the Permanent Appointment at the Flat Salary of $68,230.00 is hereby Approved for 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 PASSED AYES 8, NOES 0 NO. 1530 APPOINT DETECTIVE (TEMP)(FLAT)(SMITH)(POL) (C.C.P. #15 -1363, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1363 of July 7, 2015 be received and filed and that the Permanent Appointment of Vickie L. Smith of 32 Bame Avenue, Buffalo NY 14215 at the Flat Salary of $68,230.00 is hereby Approved for PASSED AYES 8, NOES 0 NO. 1531 APPOINT DETECTIVE SERGEANT (TEMP)(FLAT)(SANFORD)(POL) (C.C.P. #15 -1364, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1364 of July 7, 2015 be received and filed and that the Temporary Appointment of Marvin Sanford of 173 Ranch Trail West, Amherst NY 14221 at the Flat Salary of $71,093.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1532 APPOINT POLICE CAPTAIN(CONT PERM)(FLAT)(ROSENWIE III)(POL) (C.C.P. #15 -1365, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1365 of July 7, 2015 be received and filed and that the Contingent Permanent Appointment of Robert V. Rosenwie III of 12403 Kern Road, Springville NY 14141 at the Flat Salary of $85,672.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1533 APPOINT POLICE LIEUTENANTS (CONT PERM)(FLAT)(MARASCHIELLO, WALKER, ZIPP, WILLIAMS, LABBY)(POL) (C.C.P. #15 -1366, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1366 of July 7, 2015 be received and filed and that the Permanent Appointment of Shellie L. Maraschiello of 14 Daughin Drive Williamsville 14221; Michael R. Walker of 15 Wedgewood Drive, West Seneca 14224; Stephen W. Zip of 3497 Heatherwcod Drive Hamburg 14075; Darryl D. Williams, 62 Harriet Avenue, Buffalo 14215 and Edmond J. Labby, 6143 Woodford Drive, Lakeview 14085 at the Flat Salary of $75,525.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1534 APPOINT POLICE LIEUTENANTS (CONT PERM)(FLAT)(GARRIS, BANASZAK)(POL) (C.C.P. #15 -1367, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1367 of July 7, 2015 be received and filed and that the Contingent Permanent Appointment of Edwin L. Garris or 141 Sidway Street Buffalo 14210 and Derrick R. Banaszak of 5887 Monaghan Lane, Clarence Center 14032 at the Flat Salary of $75,526.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1535 APPOINT BUILDING INSPECTOR (PERM)(5 SEPT)(GRUNDY)(EDPI) (C.C.P. #15 -1375, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1375 of Jury 7, 2015 be received and filed and that the Permanent Appointment of David Grundy of 730 Parkside Avenue Buffalo 14216 at the Flat Salary of $55,508.00 is hereby Approved. PASSED AYES 8, NOES 0 NO. 1536 APPOINT DIRECTOR OF WORKFORCE EMPLOYMENT & TRAINING(EXEMPT)(SMITH)(COMM SERV) (C.C.P. #15 -1376, JULY 7) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Wyatt now moves that Communication 1376 of July 7, 2015 be received and filed and that -9the Exempt Appointment of Demone A. Smith of 68 Beverly Road Buffalo 14208 at the Flat Salary of $86,332.00 is hereby I —f /f— V —# PASSED AYES — 8 NOES - 0 NO. 1537 NOTICES APPOINTRNENTS- TEMP /PROV /PERRN(CTY CLK) (C.C.P. #154383, JULY 7) Mr. Wyatt now moves that the above item be Received and Filed. ADOPTED FINANCE RICHARD A FONTANA NO. 1538 CONTRACT EXTENSION - BE WELL CASE MANAGEMENT FOR INJURED ON DUTY - POLICE AND FIRE (HR) (ITEM NO. 1377, C.C.P., JULY 7, 2015) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of Human Resources to extend the contract with Be Well Healthcare Medicine, PLLC to provide 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 on a month -to -month basis. PASSED AYES — 8 NOES - 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1539 EXPLAINING THE SPECIAL EVENTS APPROVAL PROCESS(EXC RES)(WYATT) ( #15 -1428, JULY 7) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Police Oversight ADOPTED. NO. 1540 2015 ANNUAL ACTION PLAN AND 2015 BURA SUB - RECIPIENT AGREEMENTS (STRAT PLAN) (ITEM NO. 1226, C.C.P., JUNE 23, 2015) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 1541 EVERGREEN LOFTS SUPPORTIVE AGREEMENTS LP AND ELA HOUSING DEVELOPMENT FUND COMPANY INC PILOT PROJECT(STRAT PLAN) CCP# 1122, JUNE 9, 2015 Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1542 ABANDONMENT AND LAND SWAP WITH ERIE COUNTY OF PORTION OF BAILY AVENUE RIGHT OF WAY AND PORTION OF THE PROPERTY AT 150 BAILEY AVENUE FOR INTERESTS IN A PORTION OF COUNTY OWNED 152 BAILEY AVENUE FOR PURPOSES &FACILITATING REPLACEMENT OF THE BAILEY AVENUE BRIDGES OVER THE BUFFALO RIVER AND CAZENOVIA CREEK (LOV)(DPW) (ITEM NO. 1350, C.C.P., JULY 7, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; and Mr. Scanlon now moved to Receive and File Above Item ADOPTED NO. 1543 APPROVAL OF THE ABANDONMENT AND PARCEL SWAP FOR A PORTION OF THE BAILEY AVENUE RIGHT -OF -WAY FOR A PORTION OF COUNTY -OWNED 152 BAILEY AVENUE (LOV)(STRAT PLAN) (ITEM NO. 1408, C.C.P., JULY 7, 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 authorizes the Office of Strategic Planning, Division of Real Estate, to abandon and swap a portion of the Bailey Avenue right -of -way for a portion of County -owned 152 Bailey Avenue; and That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the deed in order to effectuate the transfer of title of the portion of Bailey Avenue, such deed to be in form and substance acceptable to the Corporation Counsel's Office; and that the Common Council hereby 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 purposes and objectives of all the foregoing; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and action 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 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. PASSED. AYES — 8 NOES — 0 NO. 1544 K. KINAN, AGENT, TO USE 478 ELMWOOD A/K /A 474 ELMWOOD TO EXPAND AN EXISTING COMER TENANT SPACE IN A STRIP MALL FOR A RESTAURANT (NIA)(DPIS) (ITEM NO. 1386, C.C.P., JULY 7, 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 ofK. Kilan, Agent, for an expansion of existing corner tenant space into adjacent space in a strip mall for a restaurant, located at 478 Elmwood a /k!a 474 Elmwood. PASSED AYES — 8 NOES - 0 NO. 1545 O. ABDELLATIF, AGENT, TO USE 2266 NIAGARA TO ALTER USE OF AN AUTO BODY AND TIRE SHOP TO A USED AUTO SALES AND REPAIRS IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (NORTH)(DPIS) (ITEM NO. 1387, C.C.P., JULY 7, 2015) Mr. Scanlon moved: That the above item be, and the sane hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of O. Abdellatif, Agent, to alter an auto body and tire shop to used auto sales and repairs, located at 2266 Niagara in the Niagara River Coastal Special Review District. PASSED AYES — 8 NOES - 0 NO. 1546 STUDENT HOUSING APARTMENT BUILDINGS (NORTH)(DPIS) (ITEM NO. 1388, C.C.P., JULY 7, 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 moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1547 M. MASSIMI, OWNER, USE 860 NIAGARA FOR A NEW OWNERS OF A SECOND HAND STORE (NIA)(EDPIS) (ITEM NO. 1389, C.C.P., JULY 7, 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 M. Massimi, Owner, to use 860 Niagara for a second -hand store under new ownership. PASSED AYES — 8 NOES — 0 NO. 1548 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. 1403, C.C.P., JULY 7, 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 R. Cortright, Agent, for a takeout only restaurant in an existing minimart with existing equipment located at 456 Elmwood in the Elmwood Avenue Business District. PASSED AYES — 8 NOES - 0 NO. 1549 SIDEWALK CAFE'- 1487 HERTEL (DEL) (DPIS) (ITEM NO. 1305, 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. 1550 J., GOLOMBEK -M, SILIBAK- CONCERNS AFFORDABLE CABLE (ITEM NO 15 -1173 CCP, JUNE 9, 2015) That the above item be the same and is hereby Received and Filed ADOPTED NO. 1551 D. PRIDGEN- REVIEW AND IMPROVE APPLICATION PROCESS -FOOD TRUCKS (ITEM NO 15 -1175 CCP, JUNE 9, 2015) That the above item be the same and is hereby Received and Filed ADOPTED NO. 1552 FOOD STORE LICENSE (NEW) - 2419 SENECA STREET (SOUTH)(DPIS) (ITEM NO. 942, C.C.P., MAY 12, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. LoCurto now moved to Receive and File above Item ADOPTED NO. 1553 USED CAR DEALER- 1261 HERTEL (DEL)(DPIS) (ITEM NO. 949, C.C.P., MAY 12, 2015) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Christopher Greene d /b /a BC Motorsports of WNY, located at 1261 Hertel. CONDITION 5 car MAXIMUM PASSED/W /COND AYES — 8 NOES - 0 NO. 1554 AMENDMENT OF LINWOOD PRESERVATION DISTRICT TO INCLUDE 1524 & 1526 MAIN ST. (STRAT PLAN) (ITEM NO 15 -188 CCP, FEB.3 2015) That the above item be the same and is hereby Received and Filed ADOPTED NO. 1555 M. LOCURTO- ARTICLES CONCERNING MUNICIPAL BROADBAND (ITEM NO 15 -105 CCP, JAN. 20,2015) That the above item be the same and is hereby Received and Filed ADOPTED NO. 1556 S. HODALA- CONCERNS RE THE GREEN CEDE ( #14 -2473, DEC 9) Mr. Scanlon now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED. NO. 1557 J. GOLOMBEK -S. STEPNIAK- RESPONSE REG E. TAUBLIEB CONCERNS FOR AGMT BTWN COB AND SMITH BOYS (ITEM NO 14 -1986 CCP, SEP. 30, 2014) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1558 S. HODALA- CONCERNS GREEN CODE ( #14 -1987, SEPT 30) Mr. Scanlon now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED. NO. 1559 D. SMITH -LAMAR ADV- CONCERNS GREEN CODE IN REGARDS TO BILLBOARDS ( #14 -1485, JULY 8) Mr. Scanlon now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED. NO. 1560 APPLICATION FOR LANDMARK STATUS HIGH ST. HISTORIC DISTRICT(195,204,225 HIGH)(PRES BD)(PUB HRG 6/3)( #14- 975 5/13)( #14 - 1286,6/10) (ITEM NO 14 -1401 CCP, JUNE 24, 2014) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1561 PROPOSED AMENDMENTS TO ORDINANCES RE FIRE SAFETY (WYATT) (ITEM NO 14 -1318 CCP, JUNE 10, 2014) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1562 USED CAR DEALER -303 HOPKINS (SOUTH)(EDPI)( #14- 1126, MAY 27) (ITEM NO 14 -1272 CCP, JUNE 10, 2014) That the above item be the same and is hereby Received and Filed ADOPTED NO. 1563 J.ANDERSON- COMMUNITY INVOLVEMENT INFLUENCES POIICY DECISIONS (ITEM NO 14 -1138 CCP, MAY 27, 2014) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1564 USED CAR DEALER - 426 ABBOTT (SOUTH)(DPIS) (ITEM NO. 790, C.C.P., APR. 15, 2015) Mr. Scanlon moved: That the above item be, mad the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Michael Stanz d /b /a Duncan Motorcars Inc., located at 426 Abbott. PASSED AYES — 8 NOES — 0 NO. 1565 M.LOCURTO -H. RAESS & O- PARKSIDE AVE TRAFFIC CALMING PETITION (ITEM NO 13 -63 CCP, NOV. 26, 2013) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1566 D.PRIDGEN -SEN. KENNEDY AUTHORIZES A PILOT RESIDENTIAL PKG PERMIT SYS IN COB (ITEM NO 13 -51 CCP, OCT. 1, 2013) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1567 RESIDENT PARKING PERMIT BFLO NIAGARA MEDICAL CAMPUS (EXC FINAL RES) (PRIDGEN) (ITEM NO 12 -105 CCP, MAY. 29, 2013) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED NO. 1568 ORDINANCE AMENDMENT -CH 511 ZONING - DOWNTOWN ENT DISTRICT (C.C.P. #13 -89, NOV 13) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1669 ORD AMEND CH 197 - RESPONSIBLE TOBACCO PRODUCT RETAILING (ITEM NO 10 -73 CCP, DEC. 28, 2010) Mr. Scanlon moved: That the above item be the same and is hereby Received and Filed ADOPTED RESOLUTIONS NO. 1570 BY: COUNCILMEMBER RICHARD A. FONTANA, LOCAL LAW NO. — INTRO# 2- (2015) INTRODUCTORY NO. — (2015) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the duties and powers of the City Comptroller BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 7 Section 7 -13 of the 'Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Section 1. Legislative Intent. This Common Council hereby finds and determines that Article 2, Section 11 of General Municipal Law, authorizes this body to temporarily invest moneys not required for immediate expenditure, except moneys the investment of which is otherwise provided for by law. This Common Council further finds that Article 2, Section 11 of General Municipal Law further authorizes this body to delegate to the Comptroller, as the Chief Fiscal Officer of the City, the authority to make such temporary investments. Therefore, the purpose of this law is to amend the duties and powers of the City Comptroller to empower the office to, 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 as specifically provided under General Municipal Law § 11. Section 2. Amendments. I.) The BUFFALO CITY CHARTER is hereby amended by the addition of a new subsection 1 to Article 7 Section 7 -13 which shall read as follows: ARTICLE 7 SECTION 7 -13 DEPARTMENT OF AUDIT AND CONTROL §7 -13(). Investment of General Fund Moneys Not Immediately Required - 1. The comptroller shall have the power to make temporary investments of moneys not required for immediate expenditure, except moneys the investment of which is otherwise provided for by law, where such investments are expressly permitted pursuant to Article ? Section 11 of General Municipal Law, entitled Temporary Investments. Section 3. SEQRA Determination. This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(20) and /or (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and with the meaning of Section 8- 0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, roles, policies, procedures, and legislative decision in connection with continuing agency administration, management and information collection. The Buffalo Common Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non - applicability or non - significance in accordance with this law. Section 4. Effective Date. This law shall take effect immediately upon its adoption, provided that the City of Buffalo shall notify the Legislative Bill Drafting Commission upon the occurrence of the enactment of the local law provided for in this section in order that the Commission may maintain an accurate and timely effective data base of the official text of the laws of the State of New York in furtherance of effectuating the provisions of section 44 of the Legislative Law and section 70 -b of the Public Officers Law. Section 5. Severability. If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance, shall be adjudged by any court of competent, jurisdiction to be invalid or unconstitutional, such order or judgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance, directly involved in the controversy in which such judgment or order shall have been rendered. It is hereby declared to be the intent of the Common Council that this law would have been enacted even if such invalid provisions had not been included herein. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law Shall take effect immediately upon its adoption. This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. DATE: 07/14/2015 APPROVED AS TO FORM ONLY: Timothy —. Ball CORPORATION COUNSEL NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1571 BY MR. FONTANA REMAINING LOTS AFTER DEMOLITION Whereas The City has had a successful demolition program, removing numerous blighted properties throughout the City of Buffalo; and Whereas The demolition of blighted properties have left vacant lots with bad looking fill and no topsoil and no grass; and Whereas Bad looking spotty weeds grow and there are areas where no grass grows only unclassified fill remains; and Whereas Remaining lots after demolition can look better if topsoil or something similar can be used on top of the fill that would encourage the growth of grass; and Whereas Rochester NY requires contractors to fine grade and hydro seed all lots after the demolition of structures. Now Therefore Be It Resolved That: Unless specified otherwise, contractors must fine grade and hydro seed all lots after the demolition of structures. Sites must be York raked to obtain a smooth, even surface free well drained, positive grades. The Top two (2) inches shall be screened topsoil, free of rock and Stone REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 1572 BY MR. FONTANA MUNICIPAL RESOLUTION IN SUPPORT OF GERARD PLACE'S APPLICATION FOR COMMUNITY RENEWAL FUNDING UNDER THE NEW YORK MAIN STREET DOWNTOWN ANCHOR PROGRAM Whereas Gerard Place is a not - for - profit agency established in 2000 that focuses on transitional housing for homeless single parent families as well as education and outreach for the East Side community. Their mission is to provide education, employment, vocational training, life skills and counseling that will empower individuals and families to become self- sufficient; and Whereas Gerard Place has partnered with Erie 1 BOCES and others for a three -stage facility renovation of the former St. Gerard Parish Hall and School into an on -site training facility for healthcare professions including certified nursing assistants, licensed practical nurses, home health aides, childcare workers, and food service employees; and Whereas Gerard Place has already purchased and unsealed the building adjacent to Gerard Place's 2515 Bailey Ave. administrative building. Phase I of the renovation will begin in Fall 2015, and shall include completion of second floor renovations including plumbing, electrical, and HVAC work, creation of CNA, LPN, and HHA training classrooms, creation of a Heaithcare Program hands -on critical training simulation facility, creation of a GED preparation computer lab, and other practical renovations such as restrooms, storage, and elevators; and Whereas Phase 11 of the renovation shall include completion of an industrial kitchen for culinary arts training, restrooms, accessibility features, and exterior work; and Whereas The total cost of both Phase I and Phase 11 renovations is $2.5 Million, to date $1.75 Million has been secured and an additional $750,000 is in process; and Whereas Gerard Place is seeking funding for completion of Phase 11 renovation under the New York Main Street Downtown Anchor grant funding program. Now, Therefore, Be It Resolved: The City of Buffalo Common Council hereby offers its full support of Gerard Place in their application for grant fimding under the New York Main Street program, in hopes that the completion of the new community center and training space will allow Gerard Place to continue on in its invaluable mission of providing necessary services to families in need so that they may make better lives for themselves and their children. ADOPTED NO. 1573 BY MR. FONTANA MOVE SCHOOL BOARD ELECTION TO NOVEMBER Whereas In 1974, the Buffalo Board of Education held its first May elections, in an effort to be independent and non - political, and to foster a more concentrated interest and focus for the citizens of Buffalo; and Whereas In the most recent School Board Elections less than 10% of eligible city voters cast a ballot for the three city -wide at large seats that were being contested by thirteen candidates. In an era where school issues are as important as ever, is it wise to hold an election in May when more than 90% of the voters stay home; and Whereas Almost 50% of property taxes collected in the City of Buffalo is sent to the Buffalo School district; and Whereas A November School board election would be more cost effective for the City of Buffalo and would insure greater voter participation in school board races; and Whereas Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November; and Whereas November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting population; and Whereas Holding Buffalo School Board elections in November with other general elections would foster greater transparency, while making a larger number of voters more aware of the candidates and their positions Whereas Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these elections to coincide with the November general elections; and Whereas Critics contend that moving the elections to November would make the election process too political. In recent years, the Buffalo Board of Education's May elections have become more and more politicized; and Whereas The high expense and low voter turnout associated with the May School Board elections make it prudent to move these elections to coincide with the November general elections; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports amending New York State Education Law to allow the Buffalo School Board elections to coincide with the November general elections; and Be it Further Resolved: That the Common Council memorializes the New York State Legislature to amend the New York State Education Law to allow for members of the Buffalo Board of Education to be elected at the November general elections; and Be it Finally Resolved: That the City Clerk send copies of this resolution to the Secretary of the New York State Senate, the Clerk of the Assembly, members of the Western New York delegation of the Senate and Assembly, the Erie County Board of Elections, Mayor Byron W. Brown, the School Superintendent, the Buffalo Teachers Federation, the City of Buffalo Board of Education and the Corporation Counsel for their comments. ADOPTED NO. 1574 BY COUNCIL PRESIDENT PRIDGEN: ALLEVIATING FRUIT BELT PARKING CONCERNS Whereas, residents in The City of Buffalo Fruit Belt neighborhood, near Buffalo General Medical Center, do not have adequate street parking due to the influx of vehicles from employees and visitors of the medical center; Whereas, the lack of available parking results in traffic hazards such as congestion, air and noise pollution as well as physical hazards to residents and pedestrians in the area; Whereas, the NYS legislature found that a residential parking system within the Fruit Belt would reduce such pollution and hazards and therefore proposed legislation to allow a pilot residential parking system; Whereas, The proposed legislation, A07574C - 2015, after review in various committees, passed the NYS Assembly with 118 votes and was referred to the NYS Senate Rules Committee as S05306C - 2015 on June 19, 2015; and Whereas, because the NYS Legislative session ended on June 30 it is impossible for Fruit Belt residents to see any mitigation of this troublesome issue by state initiative sooner than next year: Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Directs the Law Department, Parking Department, Public Works, and Strategic Planning to work together in examining this issue and providing alternate methods to alleviate parking concerns as allowed by current state and local laws, ordinances, orders, rules and regulations. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 1575 SPONSOR: MR. PRIDGEN APPOINT MARRIAGE OFFICER Be It Resolved: That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the fight to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for September 12, 2015. ADOPTED. NO. 1576 BY: MR. PRIDGEN APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer for a period expiring December 31, 2015. Demone A. Smith ADOPTED. NO. 1577 BY COUNCIL MEMBER DARIUS G. PRIDGEN WAIVER OF BAND SHELL FEE FOR THE FRIENDSHIP MISSIONARY BAPTIST CHURCH ANNIVERSARY Whereas Friendship Baptist Church is located at 402 Clinton Street; and Whereas On August 2, 2015 9:OOam The Friendship Missionary Baptist,.Church will celebrate their 100 church at JFK Park; and — Now, Therefore, Be It Resolved: That the Common Council approves the waiving of the band shell fee; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, the Department of Public Works, Department of Parks and Recreation and the Department of Special Events. PASSED AYES — 8 NOES — 0 BY. COUNCIL MEMBER DARIUS G. PRIDGEN NO. 1578 WAIVER OF PERMIT FEES FOR CHALKFEST July 17, 2015 Whereas ChalkFest is organized by The 500 Block Association of Main Street will be having their fourth season of ChalkFest Buffalo; and Whereas On August 1, 2015 and August 2, 2015 from 12:00 pm to 6:00 pm ChalkFest Buffalo will be held at Fountain Plaza; and Now, Therefore, Be It Resolved: That the Common Council approves the waiving of the associated event fees; and Be It Finally Resolved: That copies of this resolution be sere to the Department of Permit & Inspection Services, the Department of Public Works, Department of Parks and Recreation and the Department of Special Events. PASSED AYES — 8 NOES - 0 NO. 1579 BY COUNCIL MEMBER DARIUS G. PRIDGEN WAIVER OF PERMIT FEES FOR RESTORE OUR COMMUNITY MARCH AND RALLY JULY 17, 2015 Whereas Restore Our Community Coalition is a non - profit organization located at 60 Hedley Place; and Whereas On August 8, 2015 from 1:00 pm to 3:00 pm The Restore Our Community Coalition will be hosting march and rally commencing on Riley Street that will end at Martin Luther King Park; and Now, Therefore, Be It Resolved: That the Common Council approves the waiving of the special event, street closing, park green space application, garbage tote, and tent and propane permit fees associated with the event; and Be it Finally Resolved: That copies of this resolution be sere to the Department of Permit & Inspection Services, the Department of Public Works, Department of Parks and Recreation and the Department of Special Events. PASSED AYES — 8 NOES - 0 NO. 1580 BY COUNCILMEMBER PRIDGEN WAIVE PARK FEES FOR ELLICOTT MALL REUNION COMMUNITY DAY Whereas, Ellicott Mall Alumni will hold its annual reunion which, this year also celebrates its merger with Ellicott Town Center; Whereas, the Ellicott Mall Reunion Committee is organizing this event in order to reunite community families, showing future generations the importance of loving and respecting one another; and Whereas, the success of this event, taking place on August 8 t 2015 at John F. Kennedy Park, 114 Hickory Street in The City of Buffalo, is contingent upon the assistance of community stakeholders, businesses, and The City: Now, Therefore Be It Resolved that The City of Buffalo Common Council 1) Shows its support for this event by approving the waiving of fees associated with the 2015 Ellicott Mall Reunion Community Day; and 2) Directs staff to forward copies of this resolution to the Mayor's office of Special Events and the Department of Permit and Inspection Services. PASSED AYES — 8 NOES - 0 NO. 1681 BY COUNCILMEMBER DARIUS G. PRIDGEN WAIVER OF PERMIT FEES FOR PUERTO RICAN DAY PARADE JULY 17, 2015 Whereas The Puerto Rican and Hispanic Day Parade will be celebrating its 12th Annual parade on Saturday, September 12, 2015 on Niagara Street, from Niagara Square to Porter Avenue. The event is hosted by the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc.; and Whereas This annual event is a cultural and civic pride event and celebrates the contributions of all Hispanics in the growth of the Western New York Community and Buffalo in particular; and Now, Therefore, Be It Resolved: That the Common Council waives associated permit fees and celebrates the 13 annual Hispanic Day Parade and congratulates the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. on another successful year; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, the Department of Public Works, and the Department of Special Events. PASSED AYES — 8 NOES - 0 NO. 1582 COUNCIL PRESIDENT PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: WAIVER OF PARK FEES FOR YOUTH EMPOWERMENT AND FAMILY FUN DAY Whereas, NYS Senator Timothy Kennedy has selected The United Black Men's Think Tank of Buffalo, Inc.'s youth development project, Buffalo Making A Difference Youth Program, as the lead agency to join him in presenting an exciting back to school event -The City of Buffalo Youth Empowerment and Family Fun Day; Whereas, the purpose of this event is to provide a fun - filled day focused on empowering Buffalo youth with the information they need to help guide them toward quality education and gainful employment; Whereas, the success of this success of this event, scheduled to take place on September 12, 2015 in Martin Luther King, Jr. Park, is dependent upon support from area schools, businesses, and The City; and Whereas, as a group of concerned public officials, focused on the future education and well -being of future generations, The City has interest in supporting this event: Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Shows its support for this event by approving the waiving of fees associated with The City of Buffalo Youth Empowerment and Family Fun Day held this year on September 12th; and 2) Directs staff to forward copies of this resolution to the Mayor's office of Special Events and the Department of Permit and Inspection Services. PASSED AYES 8, NOES 0 NO. 1583 SPONSOR: DARIUS G. PRIDGEN WAIVE PARK RENTAL AND SPECIAL EVENTS FEE FOR VARIOUS EVENTS Date: July 13, 2015 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 Various chapters of the City Charter; and Whereas: Restore our Community March will be held August 8th; and Whereas: "Putting the Neighbor Back in the Hood" will be held August 8 th at Glenwood —Box Park; and Whereas: Both are community events and free to the public; and Now, therefore be it resolved, That the Common Council of the City of Buffalo respectfully request that Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive fees applicable for the above listed events; and Be it further resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events PASSED AYES 8, NOES 0 NO. 1584 BY: COUNCILMEMBER RIVERA WAIVER OF PARK SHELTER AND GREEN SPACE FEE FOR OPEN BUFFALO PRESS CONFERENCE & COMMUNITY COOKOUT Date: July 21, 2015 Whereas, the Open Buffalo Press Conference & Community Cookout will be taking place at Massachusetts Avenue Park at Winter Street for the first year; and Whereas, the Open Buffalo Press Conference & Community Cookout will provide updates on groundbreaking achievements by the Open Buffalo network and is free and open to the public; and is a local non - profit Whereas, the Open Buffalo Press Conference & Community Cookout, in conjunction with the organizations involved with the Open Buffalo social justice movement have achieved many successes of which to be proud, and the collaborative is making measurable progress to improve the lives of citizens on both sides of Buffalo's Main Street; and tapping into and coordinating the collective power of more than a dozen established grassroots groups Whereas, the Open Buffalo Press Conference & Community Cookout will be on Tuesday, July 28 at 11 am on Massachusetts Avenue Park Street, between Winter Street and Lawrence Place. Now, Therefore, Be It Resolved, the Common Council request the Office Special Events to waive the park shelter and green space fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Office of the Mayor Events, Department of Public Works, Parks, & Streets. PASSED AYES 8, NOES 0 NO. 1585 BY: COUNCIL MEMBER RIVERA WAIVER OF BLOCK PARTY PERMIT FEE FOR NATIONAL NIGHT OUT Date: July 21, 2015 Whereas, National Night Out is annual community - building event that encourages residents to get outside or sit on their porch and engage with neighbors and local government on the importance of strong neighborhoods; and Whereas, many of Buffalo's block clubs hold parties on National Night Out to celebrate the event; and Whereas, our block clubs will be participating for the 32 straight year in this nationwide event; and Whereas, National Night Out will be held on this year on Tuesday, August 4th, 2015. Now, Therefore, Be It Resolved, the Common Council request the Department of Public Works to waive the block club permit fee for any block club participating in National Night Out; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Department of Public Works - Traffic Engineering Division. PASSED AYES 8, NOE 0 BY: COUNCILMEMBER DAVID A. RIVERA NO. 1586 WAIVER OF FEES FOR "EID AT THE PARK" July 10, 2015 Whereas, H.E.A.L. - International is a non - profit organization located at 233 W. Ferry; and Whereas, on July 17, 2015, H.E.A.L will be hosting a free event "Eid at the Park" to celebrate the end of Ramadan; and Whereas, H.E.A.L wilt be celebrating at Front Park and from 8am to 12pm. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events and Parks fees associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office. PASSED AYES 8, NOES 0 NO. 1587 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR PRIMERA IGLESIA METODISTA UNIDA'S CHRISTIAN YOUTH FESTIVAL Whereas, Primera Iglesia Metodista Unida is a non - profit organization located at 62 Virginia Street in the City of Buffalo; Whereas, Primera Iglesia Metodista Unida serves many of our City's low- income residents; and Whereas, on August 7th -9th, 2015 Primera Iglesia Metodista Unida will be holding its Christian Youth Fair at Prospect Park to provide fun and games for our City's youth population: Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved, the Cit3 Clerk is directed to send a copy of this resolution to the Public Works, .Parks & Streets Department it and the Mayor's Special Events Office. PASSED AYES 8, NOES 0 NO. 1588 SPONSOR: CHRISTOPHER P. SCANLON RESOLUTION APPROVING AND ENDORSING OF THE OLD 1 ST WARD COMMUNITY ASSOCIATION, INC.'S APPLICATION TO NYS HOMES AND COMMUNITY RENEWAL FOR FUNDING UNDER THE NEW YORK STATE MAIN STREET TECHNICAL ASSISTANCE PROGRAM WHEREAS, The Old 1 sc Ward Community Association, Inc. desires to apply for $20,000 in financial assistance through the 2015 Consolidated Funding Application (CFA) under the New York Main Street Technical Assistance Program; and WHEREAS, The application proposes funding to assist property owners to complete building renovations to downtown "main street" buildings on Main Street between First Street and Second Street; and WHEREAS, The proposed funding will contribute to ongoing community revitalization efforts along the Seneca Street Corridor; 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 Technical Assistance Program for assistance prepared and to be submitted by Old 1 sc Ward Community Association, Inc. BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to Laura Kelly, Executive Director of the Old 1 sc Ward Association, Inc. at 62 Republic Street, Buffalo, NY 14204 PASSED AYES 8, NOES 0 NO. 1589 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 02- CITY CLERK 1020 - LEGISLATION 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 02 City Clerk, 1020 - Legislation which currently reads: 4 Legislative Aide $ 40,406 Is hereby amended to read: 1 Legislative Assistant $ 45,893 3 Legislative Aide $ 40,406 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. GERALD CHWALINSKI, CITY CLERK 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 NO. 1590 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 14- DEPARTMENT OF PARKING 1075- 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 1000 -14- 1075 - Departmant of Parking- Parking Violations Bureau which currently reads: 1 Commissioner of Parking $105,916 Is hereby amended to read: 1 Commissioner of Parking $112,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, 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. Furthermore, we, Bryon W. Brown, Mayor, and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1591 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 03- EXECUTIVE OFFICE 1511 -ZONING 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 -1511 Executive Office - Zoning which currently reads: 1 Senior Typist $ 34,760 - $38,515 Is hereby amended to read: 1 Administrative Secretary $ 40,371 - $ 46,081 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, BRENDAN MEHAFFY, EXECUTIVE DIRECTOR OF STRATEGIC PLANNING 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 NO. 1592 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 31- PUBLIC WORKS - ENGINEERING 1200 - ENGINEERING ADMINISTRATIVE SERVICES 32 - PUBLIC WORKS - BUILDINGS 1091 - ADMINISTRATION 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 31- Public Works Engineering - 1091 - Traffic Engineering, 1200 - Engineering Administrative 32 - Public Works Buildings - 1091 - Administration, which currently reads: 31 -1200 ENGINEERING ADMINISTRATIVE SERVICES 1 Senior Accountant $49,937 - $56,189 1 Administrative Assistant $44,529 - $50,854 Is hereby amended to read: 31 -1200 ENGINEERING ADMINISTRATIVE SERVICES 1 Associate Accountant $50,570 - $58,627 0 Senior Accountant $49,937 - $56,189 0 Administrative Assistant $44,529 - $50,854 Is hereby amended with the addition: 32 -1091 ADMINISTRATIVE SERVICES 1 Senior Administrative Assistant $51,805 - $59,926 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1593 BY: UNIVERSITY DISTRICT COUNCIL MEMBER RASHEED N.C. WYATT UNIVERSITY DISTRICT COMMUNITY DEVELOPMENT ASSOCIATION ( "UDCDA ") APPLICATION TO THE NEW YORK STATE OFFICE OF COMMUNITY RENEWAL NEW YORK MAIN STREET TECHNICAL ASSISTANCE PROGRAM Whereas: The State of New York Office of Community Renewal, on behalf of the New York State Housing Trust Fund, has released its 2015 Funding Round for its New York Main Street Technical Assistance Program, which provides funds to improve a community organization's readiness to administer a future New York Main Street building renovation program. Whereas: The potential funding pursuant to its application, the New York Main Street Technical Assistance Program would grant UDCDA up to $20,000 to increase its capacity to evaluate neighborhoods, building conditions and housing opportunities along the Bailey Avenue Business District Corridor between Winspear and East Delavan; and Whereas: The identified target area is home to many successful businesses, such as, ABC Hardware and Rental, United Men's Fashion, Bailey's Furniture, Pho 99, and numerous banking institutions; and Whereas: It is clear that commercial and housing stock along this targeted area has suffered consistent deterioration over the past 30 years; and Whereas: The University District Community Development Association has identified physical community revitalization and improved quality of life for University District residents among its chief priorities as a public charity under Section 501 (c)(3) of the Internal Revenue Code; and Whereas: The City of Buffalo has worked successfully with University Development Community Development Association to revitalize other residential properties in Buffalo's University District; and Whereas: If funded, it will position the agency in preparing its 2015 New York Main Street application which will leverage significant financial support to combat community deterioration in the University District area and improve the quality of life for City of Buffalo residents. Now, Therefore Be It Resolved: The City of Buffalo Common Council strongly supports the University District Community Development Association's New York Main Street Technical Assistance Program application. Be It Further Resolved: Copies of this Resolution be forwarded to the University District Community Development Association, Office of Strategic Planning, Mayor Byron Brown, Assemblywoman Crystal Peoples- Stokes, Senator Timothy Kennedy and be included in the application submission. ADOPTED NO. 1594 BY: MR. WYATT APPOINTMENT LEGISLATIVE ASSISTANT(JOHNSON) The Common Council hereby moves approval of the appointment of Denise Johnson, 1 St. Louis Place, Buffalo, New York 14202 to the position of Legislative Assistant in the City Clerk's Office pursuant to Section 27 of the Charter of the City of Buffalo. ADOPTED BY: RASHEED N.C. WYATT NO. 1595 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. Katherine Blane Charles Floyd III Thomas W. Herbert Nathalie Seballos Total: 4 ADOPTED I- y":7A-11 . 14 4 el 0 WeATIT 1A a I NO. 1596 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. Sharon L. Williams TOTAL:1 ADOPTED BY: MR. WYATT FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Jason J. Hiscutt By Councilmember Richard A. Fontana ADOPTED NO. 1598 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, July 28, 2015 at 9:45 o'clock A.M. Tuesday, July 28, 2015 at 10:00 o'clock A.M. Tuesday, July 28, 2015 at 1:00 o'clock P.M. Tuesday, July 28, 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. 1599 ADJOURNMENT On a motion by Mr. LoCurto, Seconded by Mr. Golombek, the Council adjourned at 3:28 PM GERALD A. CHWALINSKI CITY CLERK July 21, 2015