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HomeMy WebLinkAbout15-1027 NO. 20 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 27, 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 SOUTH DISTRICT CHRISTOPHER P.SCANLON MAJORITY LEADER NIAGARA DISTRICT DAVID A. RIVERA DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA-LOVEJOY DAVID A FRANCZYK-FILLMORE ULYSEES O.WINGO SR.-MASTEN JOSEPH GOLOMBEK JR.—NORTH JOEL P. FEROLETO—DELAWARE RASHEED N.C.WYATT-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C.Wyatt-Chairman, Richard A. Fontana, David A. Rivera, Ulysees O.Wingo,Sr.- Members CLAIMS COMMITTEE:Joel P. Feroleto-Chairman,Joseph Golombek Jr., David A. Rivera, Rasheed N.C.Wyatt-Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr., Chairman- David A. Rivera, Christopher P. Scanlon, Ulysees O. Wingo,Sr., Rasheed N.C.Wyatt-Members FINANCE COMMITTEE: Richard A. Fontana,Chairman,Joel P. Feroleto, David A. Rivera, Ulysees O.Wingo,Sr. Rasheed N.C.Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, Joel P. Feroleto, David A. Franczyk, Joseph Golombek Jr., David A. Rivera-Members. RULES COMMITTEE: Darius G. Pridgen,Chairman,Christopher P.Scanlon, David A. Rivera-Members SPECIAL COMMITTEES BUDGET COMMITTEE: David A. Rivera,Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members EDUCATION COMMITTEE: Ulysees O.Wingo,Sr.Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt- Members POLICE OVERSIGHT: David A. Rivera.,Chairman,Joel P. Feroleto, David A Franczyk,Christopher P.Scanlon—Members PUBLIC TRANSPORTATION:Christopher P.Scanlon,Chairman Joel P. Feroleto, David A. Franczyk, David A. Rivera,-Members WATERFRONT DEVELOPMENT COMMITTEE: Christopher P.Scanlon Chairman, David A. Franczyk,Joseph Golombek,Jr., Ulysees O.Wingo,Sr.-Members INVOCATION PLEDGE TO FLAG DATE October 27,2015 FINAL MAYOR 2108- 1.Repeal the Broadway-Fillmore Urban Renewal Plan LEG 2109- 2.Repeal the Cold Spring Urban Renewal Plan LEG 2110- 3.Repeal the Connecticut St Urban Renewal Plan LEG 2111- 4.Repeal the Downtown Entertainment District Phase I Urban Renewal Plan LEG 2112- 5.Repeal the Downtown Entertainment District Phase II Urban Renewal Plan LEG 2113- 6.Repeal the Downtown Entertainment District Phase III Urban Renewal Plan LEG 2114- 7.Repeal the Downtown Entertainment District Phase IV and IV-A Urban Renewal Plan LEG 2115- 8.Repeal the Downtown Renewal Phase III Urban Renewal Plan LEG 2116- 9.Repeal the Downtown Renewal Phase IV Urban Renewal Plan LEG 2117- 10.Repeal the Genesee Village Urban Renewal Plan LEG 2118- 11.Repeal the Grant Ferry Urban Renewal Plan LEG 2119- 12.Repeal the Lower West Side(Georgia Prospect)Urban Renewal Plan LEG 2120- 13.Repeal the Main LaSalle Phase I and II Urban Renewal Plan LEG 2121- 14.Repeal the Michigan St Urban Renewal Plan LEG 2122- 15.Repeal the New Buffalo Industrial Park Urban Renewal Plan LEG 2123- 16.Repeal the Oak Michigan Phase I Urban Renewal Plan LEG 2124- 17.Repeal the Oak Michigan Phase IIA Urban Renewal Plan LEG 2125- 18.Repeal the Oak Michigan Phase IIB Urban Renewal Plan LEG 2126- 19.Repeal the Pratt Willert Urban Renewal Plan LEG 2127- 20.Repeal the Seneca Babcock Urban Renewal Plan LEG 2128- 21.Repeal the Seneca Cazenovia Urban Renewal Plan LEG 2129- 22.Repeal the Thruway Industrial Park(William St Phases I and II Urban Renewal Plan LEG 2130- 23.Repeal the Thruway Industrial Park Pilot Urban Renewal Plan LEG 2131- 24.Repeal the Union Ship Canal Urban Renewal Plan LEG 2132- 25.Repeal Chapters and Sections of the Buffalo Code as Part of the Buffalo Green Code LEG 2133- 26.Accept as Complete the Buffalo Harbor,Buffalo River Corridor,and the Tonawanda St Corridor Brownfield Opportunity Area Program Plans LEG 2134- 27.Accept as Complete the Draft Generic Environment Impact Statement for the Buffalo Consolidated Development Framework LEG 2135- 28.Accept as Complete the Local Waterfront Revitalization Plan and Submit to the Department of State LEG 2136- 29.Accept as Complete the South Buffalo Brownfield Opportunity Area Plan LEG 2137- 30.Adoption of the Land Use Plan as a Component of the Buffalo Comprehensive Plan LEG 2138- 31.Adoption into Law of the Unified Development Ordinance LEG 2139- 32.Adopt the Proposed Homestead Plan and Repeal Previous Homestead Plan LEG MAYOR-EXECUTIVE 2140- 33.Pres Board-Property Included in the Local Landmark Status- 2256 Bailey Ave R&F 2141- 34.Strat Plan-Report of Sale-769 Best&781 Best(Fill) APP 2142- 35.Strat Plan-Report of Sale-Portion of 240 Kensington(Mas) APP ---------- 36.Strat Plan-Transfer Jurisdiction-241 Oneida Former School#40(Fill) WITHDRAWN 2143- 37.Strat Plan-Appoint Administrative Secretary(Perm)(Inter)(Webber) CS COMPTROLLER 2144- 37A Certificate of Necessity-Councilmember 8 R&F MANAGEMENT INFORMATION SYSTEMS 2145- 38.Appoint Computer Programmer(Lucas)(Cont Perm)(Inter) CS 2146- 39.Appoint Sr Data Processing Equip Operator(Frieday Lewis)(Perm)(Max) CS PUBLIC WORKS 2147- 40.Change in Contract-City Hall Exterior Lighting(Ell) APP 2148- 41.Perm for Enchroachment on Public ROW-52 St Johns Pl(Statues)(Ell) APP 2149- 42.Perm to Enter Agmt W/The BMHA-Use of 1827 Fillmore for Winter Snow Storage(Mas) APP 2150- 43.Perm to Enter Supplemental Agmt W NYSDOT-Bailey Ave Bridges(Lov) APP 2151- 44.Perm to Increase Contract-2014-15 Citywide Tree Removals APP 2152- 45.Perm to Increase Construction Contract-Pipes on Various Bridges in COB APP 2153- 46.Perm to Increase Consultant Contract-Ohio St&Inner Harbor Imp Project(Fill) APP 2154- 47.Perm to Reimburse the Advance Paid Taxes ROW Parcels-Bailey Ave Bridges Over Bfio River&Caz Creek Project(Lov) APP 2155- 48.Request Perm to Accept Funds From Bfio&EC Public Library Niagara and Crane Branch Libraries APP 2156- 49.Appoint Deputy Comm of Public Works,Parks&Streets(Jackson)(Exempt) R&F POLICE 2157- 50.Drug Asset Wire Transfers R&F FIRE 2158- 51.Purchase Two(2)Response Vehicles FIN 2159- 52.Appoint Battalion Chief(Lotocki)(Prom) CS CORPORATION COUNSEL 2160- 52A Claims Committee Meeting Agenda(l115) CLAIMS PERMITS AND INSPECTIONS 2161- 53.Food Store License(New)-1129 EastFerry(Fill) LEG HUMAN RESOURCES 2162- 54.Approve Pharmacy Benefit Management Agreement(PBMA) APP 2163- 55.Liquor License Applications R&F 2164- 56.Leaves of Absence R&F 2165- 57.Notices of Appointments-Council Interns ADOPT 2166- 58.Notices ofAppointment-Seasonal R&F 2167- 59.Notices of Appointments-Temp/Prov/Perm CS MISCELLANEOUS 2168- 60.J.Golombek-L.Evans-Support Resolution Re City-Wide Broadband CD 2169- 61.J.Golombek-T.Davis-Suggest Moving of Stage at Canalside CD 2170- 62.J.Golombek-S.Gallivan-Request Reconsideration of Proposal to Move Canalside Concerts CD 2171- 63.J.Golombek-S.Gallivan-Suggestions Music at Canalside CD 2172- 64.J.Golombek-D.Gaston-Comcast Merger With TWC Terminated Therefore,No Comments on Broadband CD 2173- 65.J.Golombek-J.Hoyle-Concerns Canalside Concerts CD 2174- 66.J.Janowski-Disintegration of Chatham Ave Btwn Lincoln Pkwy&Elmwood(North) CD,PW 2175- 67.NYSDEC-Brownfield Cleanup Program-837 Bailey(Lov) R&F 2176- 68.NYSDOT-Information Rte 198 R&F 2177- 69.J.Rooney-Indigenous Peoples Day Celebration LEG PETITIONS 2178- 70.J.Bruckman,Owner,Use 2115 Seneca St to Re-Establish Discontinue Use of a Tavern in the Seneca St Special District-Erect a Platform Canopy for Outdoor Caf6(South)(hrg 11/4) LEG,CPBD 2179- 71.E.Pratcher,Owner,Use 2235 Genesee to Re-Establish Use of Take-Out Restaurant/Food Store in the Genesee Special Zoning Dist(Lov)(hrg 11/4)_LEG,CPBD 2180- 72.J.Incao,Owner,Use 500 Main to Place an Awning Sign in the Sign Overlay District(Ell)(hrg 11/4) LEG,CPBD 2181- 73.M.Kohler,Agent,Use 357 Delaware to Replace a Canvas Awning With Signage(Fill)(hrg,11/4) LEG,CPBD 2182- 74.Phillips Lytle,LLP-T.Brill&O-Oppose Proposal by Nickel City for Shredding&Recycling at 169 Buffalo River LEG RESOLUTIONS 2209- 75.Feroleto Ordinance Amendment-Ch 154-Article IV- Discrimination Fair Housing APP 2210- 76.Fontana Exploring Options in Connected Healthcare for City Employees ADOPT 2211- 76A Fontana Transfer in Funds Councilmember 8 APP 2212- 77.Franczyk Support NYS Foreclosure Bills ADOPT 2213- 78.Pridgen Establishing the Registered Sex Offender Awareness Committee ADOPT 2214- 79.Pridgen Lakefront Village Lighting Study ADOPT 2215- 79A Wingo,Sr. Support for Lead Prevention Week 2015 ADOPT 2216- 80.Wyatt Extend the University District's Commercial Business District Boundaries ADOPT RES'S REM TO CD 2217- 81.Wyatt Comm of Deeds-Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 2183- 1.15-2021 Com Oct 13 Appoint Support Specialist(Temp)(Inter)(Colern)(MIS) APP 2184- 2.15-2047 Com Oct 13 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 2185- 3. 15-2008 Com Oct 13 BENLIC-Preemptive Bid at In Rem 49 Auction(Strat Plan) APP 2186- 4. 15-2020 Com Oct 13 City of Buffalo Investment Policy(Compt) APP COMMUNITY DEVELOPMENT 2187- 5.15-2009 Com Oct 13 Report of Sale-532 Busti(Ell)(Strat Plan) APP 2188- 6.15-20 10 Com Oct 13 Report of Sale-57 Carl St(Mas)(Strat Plan) DENY 2189- 7.15-2016 Com Oct 13 Report of Sale-517&519 Monroe(Ell)(Strat Plan) APP 2190- 8.15-2017 Com Oct 13 Report of Sale-545 Monroe(Ell)(Strat Plan) APP 2191- 9.15-2052 No Oct 13 U.Wingo,Sr-A.Gross-Concerns 347 E.Ferry St. R&F 2192 10.15-1873 Res Sept 15 Climate Justice Pledge(Pridgen)(exc res) R&F 2193 11.15-635 No Mar 31 R.Wyatt-J.Isome&Others-Roosevelt Block Club Request Roosevelt St Paved(Univ) R&F LEGISLATION 2194- 12.15-2056 No Oct 13 J.Smith,Agent,Use 658 Ohio to Erect a One Story Steel Frame and Fabric Enclosed Compost Bin Accessory to a Manufacturing Facility in the Buffalo River Coastal Review District(South)(hrg 10/20) APP 2195- 13.15-2057 No Oct 13 R.Keohane,Agent,Use 1238 Hertel to Re-Open an Existing Restaurant in the Hertel Ave Special Zoning District(Del)(hrg 10/20) APP 2196 14.15-2058 No Oct 13 T.Rider,Agent,Use 975 Fuhrmann Blvd to Convert and Enlarge an Existing 6 Sty.Warehouse to an 8 Sty.Mixed Use Bldg with a Penthouse and an Attached Parking Garage with Surface Pkg in the Coastal Review Dist(South)(hrg 10/20) APP W/COND 2197- 15.15-2059 No Oct 13 T.Rider,Agent,Rezone 975 Fuhrmann Blvd From M3 to CM-Mixed Use Residential and Commercial Development(South)(hrg 10/20) APP 2198- 16.15-2096 Res Oct 13 Ord Amend Ch 72 Ambulances and Ambulance Drivers(Fontana) APP 2199- 17.15-1372 Com July 7 Second Hand Dealer 3215 Bailey(aka 3221)(Univ)(EDPI) APP W/COND 2200- 18.15-1003 Res May 12 Empowering the Commission on Citizens'Rights(Golombek) R&F 2201- 19.15-510 Com Mar 17 Food Store License(New)-3154 Bailey(Univ)(EDPI) R&F 2202- 20.15-241 No Feb 3 R.Whelan-TWC Response Regarding Recent Rate Increase R&F 2203- 21.15-25 No Jan 6 K.Massey-Concerns TWC Rate Increases R&F 2204- 22.14-1378 No June 24 J.Golombek-D.Fultz-Concerns Fire Performance Vendor Permit R&F 2205- 23.13-36 Com Dec 23 Zoning Variance 1738 Elmwood(North)(CC) R&F 2206- 24.12-57 No Jan 10 LL-In Relation to the Qualifications of the COB Police Commissioner(#15 8,4/19) R&F 2207- 25.11-66 ResMay 31 Increasing City Revenues Through Sale of Advertising Space(exc final res) R&F 2208- 26.13-44 Com Apr 2 Restaurant Dance License(Renewal)3053 Main(Univ)(EDPI) DENY CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL-BUFFALO TUESDAY OCTOBER 27,2015 AT 2:00 P.M. Present—Darius G. Pridgen,Council President,Christopher P.Scanlon, President Pro Tempore,and Councilmembers: Feroleto, Fontana, Franczyk,Golombek Jr., Rivera,Wingo Sr.,Wyatt—9 Absent—0 On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the minutes of the stated meeting held on October 13,2015 were approved FROM THE MAYOR NO.2108 REPEAL THE BROADWAY-FILLMORE URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Broadway-Fillmore Urban Renewal Plan(URP). This Honorable Body enacted the Broadway-Fillmore URP in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: 1. Residential density limitation not to exceed 30 Dwelling Units per acre(40 if approved by the Buffalo Urban Renewal Agency (BORA),or 70 if for elderly) 2. Commercial Foot Area Ratio(FAR)limitation not to exceed 2 to 1 Light industrial FAR limitation not to exceed 1.5 to 1 3. Various building rehabilitation standards now superseded by the New York State Uniform Fire Prevention and Building Code The URP is inconsistent with the Queen City in the 21 s`Century,the Comprehensive Plan's smart growth objectives,conflicts with standards in the proposed Unified Development Ordinance(U DO),and,if continued,are likely to hamper infill development and adaptive reuse of historic structures in the Broadway/Fillmore neighborhood. The UDO will replace a patchwork of outdated regulations with one set of development criteria built on review and analysis by the City of Buffalo Office of Strategic Planning and outside consultant evaluation,community and input. By combining all development standards into a single user-friendly code,the City's approval process will become more transparent and predictable,helping attract investment and improve the tax base. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Broadway-Fillmore Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRIED TO THE COMMITTEE ON LEGISLATION NO.2109 REPEAL THE COLD SPRING URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Cold Spring Urban Renewal Plan(URP). This Honorable Body enacted the Cold Spring URP in 1979,with expiration to occur in 2019. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: 1. Residential density limitation not to exceed 35 Dwelling Units(DU)per acre for townhouse development,or 60 DU's per acre for high- rise development 2.Minimum open space ration of 30% 3.Maximum building height of 3 stories for townhouse development,or 6 stories for high-rise development 4.Minimum front yard of 15%of lot depth,need not exceeding 20' 5.Minimum side yard of 2.5'per story of building height and minimum 5'in any case 6. Off-street parking minimum of one space per dwelling unit,or one space for each 1.5 housing units in the case of town house or high- rise developments. The URP is inconsistent with the Queen City in the 21 s`Century,the Comprehensive Plan's smart growth objectives,conflicts with standards in the proposed Unified Development Ordinance(U DO),and,if continued,are likely to encourage development that is inconsistent with the character of Cold Spring. Phase I of the URP was completed,and Phase 11 of the URP did not move forward. The UDO will replace a patchwork of outdated regulations with one set of development criteria built on review and analysis by the City of Buffalo Office of Strategic Planning and outside consultant evaluation,community and input. By combining all development standards into a single user-friendly code,the City's approval process will become more transparent and predictable,helping attract investment and improve the tax base. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Cold Spring Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2110 REPEAL THE CONNECTICUT STREET URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Connecticut Street Urban Renewal Plan(URP). This Honorable Body enacted a Connecticut Street URP in 1983,with an amendment in 1995 and expiration to occur in 2023. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: 1.Establishment of allowed residential and commercial uses 2.Various standards for off-street parking,loading berths,and signage 3.Requirements to follow applicable building codes The plan was put in place to allow for property acquisition for the construction of off-street parking facilities and residential development at the time of the plan's adoption,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Connecticut Street Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2111 REPEAL THE DOWNTOWN ENTERTAINMENT DISTRICT PHASE I URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Entertainment District Phase I Urban Renewal Plan(URP). This Honorable Body enacted a Downtown Entertainment District Phase I URP in 1979,with an amendment in 1985 and expiration to occur in 2019. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •General plan included to generally illustrate and guide interpretations of land use provisions,building requirements,and public objectives Minor design requirements The plan was put in place to allow for property acquisition for now completed projects in the Theatre District,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Entertainment District Phase I Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2112 REPEAL THE DOWNTOWN ENTERTAINMENT DISTRICT PHASE II URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Entertainment District Phase II Urban Renewal Plan(URP). This Honorable Body enacted a Downtown Entertainment District Phase II URP in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •Minor design requirements The plan was put in place to allow for property acquisition for now completed projects,including Fountain Plaza and the Huron/Convention Center Parking Ramp,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Entertainment District Phase II Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE CONNITTEE ON LEGISLATION. NO.2113 REPEAL THE DOWNTOWN ENTERTAINMENT DISTRICT PHASE III URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Entertainment District Phase III Urban Renewal Plan(URP). This Honorable Body enacted a Downtown Entertainment District Phase III URP in 1981,with expiration to occur in 2021. This urban renewal plan did not add any new zoning or land use restrictions. The plan was put in place to allow for property acquisition for the construction of the Augspurger parking ramp and other public,retail, and commercial space on the block bounded by Chippewa, Pearl, Huron,and Franklin,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Entertainment District Phase III Urban Renewal Plan following the adoption of a Findings Statement as required by tile State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take 3. all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, 4. amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISATION NO.2114 REPEAL THE DOWNTOWN ENTERTAINMENT DISTRICT PHASE IV AND IV-A URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Entertainment District Phase IV and 1V-A Urban Renewal Plan(URP). This Honorable Body enacted a Downtown Entertainment District Phase IV and IV-A URP in 1986,with expiration to occur in 2026. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Establishment of allowed residential and commercial uses • Various standards for off-street parking,loading berths,and signage • Requirements to follow applicable building codes The plan was put in place to allow for property acquisition for the construction of off-street parking facilities and residential developments at the time of the plan's adoption,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Entertainment District Phase IV IV-A Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2115 REPEAL THE DOWNTOWN RENEWAL PHASE III URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Renewal Phase III Urban Renewal Plan(URP). This Honorable Body enacted the Downtown Renewal Phase III URP in 1976,with expiration to occur in 2016. The plan was put in place to create a pedestrian mall on Erie Street, which was completed. The Local Waterfront Revitalization Plan emphasizes direct connections to the waterfront including along Erie Street. The plan is no longer necessary and conflicts with current City objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Renewal Phase III Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2 Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2116 REPEAL THE DOWNTOWN RENEWAL PHASE IV URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Downtown Renewal Phase IV Urban Renewal Plan(URP). This Honorable Body enacted a Downtown Renewal Phase IV URP in 2006,with expiration to occur in 2016. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Changes land use map to encourage mixed-use development consistent with Downtown Opportunity District • Design requirements The plan was put in place to allow for property acquisition for site assembly,relocation,sale or lease of land,and construction of public improvements on the block bounded by Clinton, Ellicott, Eagle,and Washington(Lafayette Hotel and Warehouse Lofts).This acquisition did not take place or prove necessary.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Downtown Renewal Phase IV Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2117 REPEAL THE GENESEE VILLAGE URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Genesee Village Urban Renewal Plan(URP). This Honorable Body enacted a Genesee Village Urban Renewal Plan in 2005,with expiration to occur in 2015. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Uses under plan restricted to those permitted within Downtown Opportunity District • Other uses allowed after consideration by Advisory Subcommittee and Zoning Board of Appeals • Additional siting and design standards The plan was put in place to identify sites for acquisition and assembly, prioritize investments, and recommend land uses. Private developers have largely completed the work of rehabilitating historic structures,with no apparent benefit being derived from the adoption of this URP. The plan conflicts with the proposed Unified Development Ordinance, and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Genesee Village Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION. NO.2118 REPEAL THE GRANT FERRY URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Grant Ferry Urban Renewal Plan(URP). This Honorable Body enacted the Grant Ferry Urban Renewal Plan in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •Establishes three land use categories:public parking,residential and related,and neighborhood business •Additional guidelines covering building materials,signage,and illumination •Establishes Grant-Ferry Development Coordination Board for design review(no evidence it ever met) The plan was put in place to allow for property acquisition of parcels identified for clearance and redevelopment. The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Grant Ferry Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2119 REPEAL THE LOWER WEST SIDE(GEORGIA PROSPECT)URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Lower West Side(Georgia Prospect)Urban Renewal Plan(URP). This Honorable Body enacted the Lower West Side(Georgia-Prospect)URP in 1982,with expiration to occur in 2022. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • URP supersedes existing zoning • Height,setback,building design,and landscape standards • Extensive building construction requirements • Separate development plan review process The plan was put in place to allow for property acquisition for now completed projects,including Rabin Terrace and Cary Street residential developments,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Lower West Side(Georgia Prospect)Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION 2120 REPEAL THE MAIN LASALLE PHASE I AND II URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Main LaSalle Phase I and 11 Urban Renewal Plan This Honorable Body enacted a Main LaSalle Phase I and 11 URP in 1987,with an amendment in 2001 and expiration to occur in 2021. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •Uses restricted to residential and related uses permitted within an R1 zoning district •Height,setback,lot area,yard,and off-street parking requirements The plan was put in place to allow for property acquisition for construction of the William Price Parkway residential development(Phase 1),which is now complete. Phase 11 was never carried out. Protections for the single-family character of William Price Parkway are included in the Unified Development Ordinance,so this plan will no longer be necessary. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Main LaSalle Phase I and 11 Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2121 REPEAL THE MICHIGAN STREET URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Michigan Street Urban Renewal Plan(URP). This Honorable Body enacted a Michigan Street URP in 2002,with expiration to occur in 2023. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Permitted uses restricted to C3 Central Business District zoning district • All site and development plans subject to Planning Board and Common Council approval • Maximum height of 2.5 stories,not to exceed 50 feet • Guidelines on building materials The plan was put in place to allow for property acquisition and clearance,much of which has taken place.The plan is not required to further preservation and redevelopment objectives in the Michigan Street Heritage Corridor. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Michigan Street Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2122 REPEAL THE NEW BUFFALO INDUSTRIAL PARK URBAN RENEWAL PLAN This Honorable Body is requested to repeal the New Buffalo Industrial Park Urban Renewal Plan This Honorable Body enacted a New Buffalo Industrial Park URP in 1982,with expiration to occur in 2022. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Use,performance,siting,and building standards • Development Plan Review Committee responsible for reviewing all development proposals The plan was put in place to allow for property acquisition for the construction of the New Buffalo Industrial Park,which is now fully built out.The plan is designed to provide areas suitable for industrial development protected from intrusion of non-industrial uses,which will be more effectively achieved through the Unified Development Ordinance.The plan is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the New Buffalo Industrial Park Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2123 REPEAL THE OAK MICHIGAN PHASE I URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Oak Michigan Phase I Urban Renewal Plan This Honorable Body enacted the Oak Michigan Phase I URP in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Landscaping and lighting standards • Prohibition on curb cuts on Elm and Oak • Use,performance,siting,and building standards outlined for future development The plan was put in place to facilitate redevelopment of blocks originally intended for depressed highway connection,with Phase I designed to provide surface parking for Comptek in a block bounded by Eagle, Elm, North Division,and Oak.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. 1. The Office of Strategic Planning is requesting that Your Honorable Body: Repeal the Oak Michigan Phase I Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2124 REPEAL THE OAK MICHIGAN PHASE IIA URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Oak Michigan Phase IIA Urban Renewal Plan OdRP). This Honorable Body enacted the Oak Michigan Phase IIA URP in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Use,performance,siting,and building standards outlined • Development Plan Review Committee responsible for review of all redevelopment proposals The plan was put in place to facilitate redevelopment of blocks originally intended for a depressed highway connection,with Phase IIA designed to accommodate Allentown Industries in a block bounded by Clinton, Elm, Eagle,and Oak.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Oak Michigan Phase IIA Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2125 REPEAL THE OAK MICHIGAN PHASE IIB URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Oak Michigan Phase IIB Urban Renewal Plan(UPS). This Honorable Body enacted the Oak Michigan Phase IIB URP in 1981,with expiration to occur in 2021. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Establishment of allowed residential and commercial uses • Various standards for off-street parking,loading berths,and signage • Requirements to follow applicable building codes The plan was put in place to facilitate redevelopment of blocks originally intended for a depressed highway connection,with Phase IIB encompassing eight blocks--six blocks bounded by Goodell, Elm,Clinton,and Oak;and two blocks bounded by Goodell,Michigan, Genesee,and Elm.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Oak Michigan Phase IIB Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2126 REPEAL THE PRATT WILLERT URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Pratt Willert Urban Renewal Plan(URP). This Honorable Body enacted a Pratt Willert URP in 1985,with amendments in 1986 and 2007,and expiration to occur in 2026 (Amendment H expires in 2016). This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Use,siting,height,and building standards • Density not to exceed 35 Dwelling Units per acre • Minimum open space of 20% • Off-street parking requirements The plan was put in place to facilitate acquisition and clearance of underutilized land and combine into sites for housing on 12 blocks bounded by Genesee,Spring,William,and Milnor,with Amendment I adding an additional 5 blocks and Amendment II adding an additional 4 blocks.The final phase of the plan included construction of 15 homes in Sycamore Village,which is now complete;proposals were solicited for the remaining 9 homes in August 2012. Protections for the single-family character of the Pratt Willert are included in the Unified Development Ordinance,therefore,this plan will no longer be necessary. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Pratt Willert Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2127 REPEAL THE SENECA BABCOCK URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Seneca Babcock Renewal Plan(URP). This Honorable Body enacted a Seneca Babcock URP in 2005,with expiration to occur in 2025. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Lists prohibited new uses • Performance,siting,building material,off-street parking,signage,and landscaping standards The plan was put in place to allow for acquisition and site assembly of underutilized and substandard properties for redevelopment as low-impact commercial and light industrial uses.Specific acquisition was to include two undeveloped properties totaling 21.5 acres;and relocation of a materials recycling operator. No action has been undertaken to acquire those properties. However,with strengthened use restrictions and buffering and landscape requirements in the Unified Development Ordinance,the plan will no longer be required as a land use regulatory tool. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Seneca Babcock Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2128 REPEAL THE SENECA CAZENOVIA URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Seneca Cazenovia Renewal Plan(URP). This Honorable Body enacted a Seneca Cazenovia URP in 1980,with expiration to occur in 2020. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •Outlines standards for urban design,rehabilitation,building materials,signs,lighting,and parking Design Review Board to review proposals The plan was put in place to allow for acquisition of 7 parcels,the relocation of occupants,removal of substandard structures,and rehabilitation of existing structures.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Seneca Cazenovia Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2129 REPEAL THE THRUWAY INDUSTRIAL PARK(WILLIAM STREET PHASES I AND II)URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Thruway Industrial Park(William Street Phases I and 11)Urban Renewal Plan(URP). This Honorable Body enacted a Thruway Industrial Park(William Street Phases I and 11)URP in 1976,with expiration to occur in 2026 This urban renewal plan overlaid requirements on the Zoning Ordinance,including: • Prohibits seven uses • Performance standards • Siting and building requirements • Off-street parking requirements The plan was put in place to allow for acquisition and clearance of substandard structures and development of light and medium Industrial uses in area,totaling four parcels with about 124 acres, bounded by Penn Central RR, Erie Lackawanna R-R,William,and US Post Office. The Thruway Industrial Park is almost completely built-out, and the plan is not likely to encourage further development.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Thruway Industrial Park(William Street Phases I and II)Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2130 REPEAL THE THRUWAY INDUSTRIAL PARK PILOT URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Thruway Industrial Park Pilot Urban Renewal Plan(URP). This Honorable Body enacted a Thruway Industrial Park Pilot URP in 1968,with an amendment in 1971 and expiration to occur in 2018. This urban renewal plan overlaid requirements on the Zoning Ordinance, • Prohibits six uses • Performance standards • Siting and building requirements • Off-street parking requirements The plan was put in place to allow for acquisition and clearance of substandard structures and development of light and medium industrial uses in area,totaling 47 parcels(40 to be acquired),bounded by William, New Babcock, Howard,and Lewis.The Thruway Industrial Park is almost completely built-out,and the plan is not likely to encourage further development.The plan conflicts with the proposed Unified Development Ordinance,and is no longer relevant to achieving the City's objectives. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Thruway Industrial Park Pilot Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2131 REPEAL THE UNION SHIP CANAL URBAN RENEWAL PLAN This Honorable Body is requested to repeal the Union Ship Canal Urban Renewal Plan(URP). This Honorable Body enacted a Union Ship Canal URP in 1976,in 2003,with an amendment in 2005 and expiration to occur in 2043. This urban renewal plan overlaid requirements on the Zoning Ordinance,including: •Prohibits residential,freight terminals,junkyards/recycling,and heavy industry •Specifies areas for:open space and recreation;office and light industrial(2-acre minimum site);and manufacturing and light industrial (5-acre minimum site) •Specifically prohibits 19 uses •Provides siting and design standards The plan was put in place to establish a long-term,comprehensive program for redevelopment and revitalization of 275 acres of former heavy industrial and railroad lands.The Unified Development Ordinance(UDO)achieves all objectives of this plan with regard to use, siting,and design,while allowing for greater flexibility as new opportunities arise.Consistent with feedback from the Buffalo Urban Development Corp.,it is desirable to repeal this urban renewal plan,allowing the standards and procedures of the LIDO to take its place. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal the Union Ship Canal Urban Renewal Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2132 REPEAL CHAPTERS AND SECTIONS OF THE BUFFALO CODE AS PART OF THE BUFFALO GREEN CODE 7/22/2014(NO.1534) This Honorable Body is requested to repeal unnecessary articles and sections of the Buffalo City Charter to reflect the changes initiated by the Unified Development Ordinance("UDO"), Land Use Plan, Draft Generic Environmental Impact Statement, Homestead Plan, Local Waterfront Revitalization Program,and Brownfield Opportunity Areas.The aforementioned sections and articles are inconsistent with the plans pending adoption. §168 Environmental Review,conflicts with state law and is no more protective of the environment. Repealing this section will not eliminate the need to perform environmental reviews but will align the city with state law requiring such reviews: §307-15.2, Bicycle Parking is more specific in Article 9 of the LIDO. §387 Signs,is replaced by Article 9 of UDO. §413-22 Administration&Approvals.The right-of-way work permit to cut curbing would be approved administratively by the Commissioner of Public Works, Parks,and Streets as described in Article 11 of the UDO. §413-55, Exhibition of sales and goods.This provision conflicts with Section 6.2.2.U,Outdoor Display.The LIDO is more permissive regarding the outdoor display of goods in the public right-of-way. It is proposed that the UDO be the only section of the City Code where outdoor display and sidewalk sales are addressed,and that§413-55 be repealed. §421,Subdivision of Land.This chapter is replaced by Section 11.5,Subdivision Approvals. §475,Sale of Vehicles.This chapter addresses nighttime illumination of vehicle sales lots,which is addressed in greater detail by Section 7.4,Outdoor Lighting,in the UDO. It is proposed that this chapter be repealed. §511,Zoning.The UDO replaces this chapter in full. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal all of the aforementioned articles and sections from the City Code following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications, amendments thereto as shall be necessary to facilitate repeal. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2133 ACCEPT AS COMPLETE THE BUFFALO HARBOR,BUFFALO RIVER CORRIDOR,AND THE TONAWANDA STREET CORRIDOR BROWNFIELD OPPORTUNITY AREA PROGRAM PLANS 4/22/2010(NO.2),8/30/2011 (NO 12),9/06/2011 (NO.12) This Honorable Body is requested to accept as complete the Buffalo Harbor, Buffalo River Corridor,and the Tonawanda Street Corridor Brownfield Opportunity Area(BOA)plans. BOAS are areas for which New York State provides municipalities with financial and technical assistance to remediate and redevelop previously polluted parcels. The City of Buffalo was awarded New York State Department of State funding to establish three BOAS-Buffalo Harbor, Buffalo River Corridor,and Tonawanda Street Corridor.This funding allows the city to plan for the revitalization of underutilized,vacant,and brownfield sites by establishing a vision for their redevelopment,and strategies to return the sites to productive use. The 1,045-acre Buffalo Harbor BOA includes the Inner and Outer Harbors and a portion of the city's Central Business District. It contains a large concentration of brownfields,vacant,and abandoned parcels;a legacy from the many industrial users that were formerly located on the waterfront. Previous efforts to revitalize these areas have identified the need for a coordinated plan that addresses environmental conditions,incompatible land uses,productive re-use options,and community engagement at the earliest possible stage. Recent planning and development activities have begun to show progress.The continuing redevelopment of the BOA will provide opportunities for additional water-dependent and water-enhanced attractions,utilizing assets such as highway and rail access,a bi-national bridge,and an environmentally rich setting including Lake Erie and the Buffalo River. The Buffalo River Corridor BOA covers 1,052 acres to the southeast of downtown. It contains a large number of brownfields and abandoned parcels;a legacy from the industries that were once located along the Buffalo River. Redevelopment of this area will be based on its strategic location,which includes highways and rail lines that connect to destinations in both the US and Canada,as well as access to the Buffalo River and Lake Erie.Ongoing efforts to restore waterfront lands and improve public amenities will bolster interest in the area and create opportunities for land uses that match the needs of the community.The Buffalo River Corridor BOA builds on the adjacent South Buffalo BOA,and represents a natural progression from this effort by taking into account the impact of industries located along the Buffalo River.As brownfield sites are remediated in South Buffalo,additional shovel-ready land will be needed to continue attracting development. The Tonawanda Street Corridor BOA encompasses 650 acres in the northwest section of the city. It contains a large number of brownfields and underutilized parcels;a legacy from the industries that were once located along the Belt Line rail corridor that serves as the geographic basis for the BOA. Redevelopment of this area will be based on its strategic location. Highways and rail lines connect to destinations in both the US and Canada.The Niagara River and Scajaquada Creek offer sought-after access to natural settings.Ongoing efforts to restore waterfront lands,improve public amenities,and leverage nearby neighborhood attractions will bolster interest in the area and create opportunities for land uses that match the needs of the community.The BOA builds on the work of the Tonawanda Street Corridor Plan,which recognized the potential for brownfield redevelopment,while simultaneously integrating neighborhood,commercial, and institutional assets that attract large constituencies on a regional basis. Few areas in the city offer such a mix of activity and well- positioned assets. The Office of Strategic Planning is requesting that Your Honorable Body: 1.Accept the attached Buffalo Harbor BOAS as complete following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2.Accept the attached Buffalo River Corridor BOAS as complete following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 3.Accept the attached Tonawanda Street Corridor BOAS as complete following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 4.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate acceptance. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2134 ACCEPT AS COMPLETE THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE BUFFALO CONSOLIDATED DEVELOPMENT FRAMEWORK 7/10/12(NO.9),7/10/12(NO.10),7/10/12(NO.11) This Honorable Body is requested to accept as complete the Draft Genetic Environmental Impact Statement("DGEIS")for the Buffalo Consolidated Development Framework in the City of Buffalo. The Buffalo Consolidated Development Framework includes the following actions: A Land Use Plan for the City A Local Waterfront Revitalization Plan A Homestead Plan Brownfield Opportunity Area Nomination Documents for South Buffalo,the Buffalo River Corridor, Buffalo Harbor and the Tonawanda Street Corridor Repeal of existing City code and Urban Renewal Plans A Unified Development Ordinance that includes zoning,subdivision,sign,and street design regulations and approval procedures. The GEIS is required by the State Environmental Quality Review Act(SEQRA). Under 6 NYCRR Part 617.10(a)of SEQRA and§168-4 and §168-5 of the Buffalo City Code,zoning of 10 or more acres is considered a Type I action,meaning it is more presumed to be likely to have an adverse environmental impact. Following a review of the potential adverse impacts the Buffalo Common Council determined that a GEIS should be prepared for review of the Buffalo Consolidated Development Framework. The Office of Strategic Planning is requesting that Your Honorable Body: 1.Accept the attached DGEIS as complete. 2. Establish a public comment period 3. Determine if this Honorable Body should schedule one or more public heating 4. Establish the Buffalo Green Code website as the appropriate website to publish the DGEIS. 5.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate acceptance and review. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2135 ACCEPT AS COMPLETE THE LOCAL WATERFRONT REVITALIZATION PLAN AND SUBMIT TO THE DEPARTMENT OF STATE PRIOR COUNCIL REFERENCE:9/20/2011 (No.2),7/10/2012(No.6),5/13/2014(No.980) This Honorable Body is requested to accept as complete the Local Waterfront Revitalization Program(LWRP)for the City of Buffalo. Pursuant to 19 CRR-NY 600 and 19 CRR-NY 601 New York State allows the designation of LWRPs to"...to achieve a balance between economic development and preservation that will permit the beneficial use of coastal and inland waterway resources while preventing the loss of living marine resources and wildlife,diminution of open space areas or public access to the waterfront,shoreline erosion, impairment of scenic beauty,or permanent adverse changes to ecological systems. Following acceptance by this Honorable Body the LWRP shall be submitted to the Secretary of State for approval pursuant to 19 CRR- NY 601.2 and 19 CRR-NY 601.4.The LWRP must be accompanied by a resolution from this Honorable Body. The Office of Strategic Planning is requesting that Your Honorable Body: 1.Accept the attached Local Waterfront Revitalization Plan as complete and submit to the Department of State following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2.Submit an accompanying resolution to the Secretary of State asking for their review and that they start the 60-day public comment period. 3.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate acceptance and review. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO.2136 ACCEPT AS COMPLETE THE SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA PLAN PRIOR COUNCIL REFERENCE:8/30/2011 (No. 12),9/06/2011 (No. 12),4/24/2013(No.5) This Honorable Body is requested to adopt the South Buffalo Brownfield Opportunity Area(BOA)plan. BOAS are areas for which New York State provides municipalities with financial and technical assistance to rehabilitate previously polluted parcels. The City of Buffalo was awarded New York State Department of State funding to establish the South Buffalo BOA.This funding allows the city to plan for the revitalization of underutilized,vacant,and brownfield sites by establishing a vision for their redevelopment,and strategies to return the sites to productive use. The Office of Strategic Planning is requesting that Your Honorable Body: 1.Accept the South Buffalo BOA 2 2.Send a notice to the New York State Department that the plan has been adopted 3.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate acceptance of the plan. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO.2137 ADOPTION OF THE LAND USE PLAN AS A COMPONENT OF THE BUFFALO COMPREHENSIVE PLAN PRIOR COUNCIL REFERENCE:4/22/2010(No.2),2/22/2011 (No.6) This Honorable Body is requested to adopt the Land Use Plan as a component of the Buffalo Comprehensive Plan. The Land Use Plan is part of the Buffalo Green Code and has translated the Comprehensive Plan into a framework for future growth. The Land Use Plan was developed to serve as a bridge between Buffalo's Comprehensive Plan and the new LIDO.The Comprehensive Plan outlined a number of general strategies--fix the basics,build on assets,invest strategically,and embrace smart growth and sustainability,while identifying that an updated zoning ordinance would specify the prescribed development pattern for every individual parcel of land in the city. The Land Use Plan takes the strategies identified in the Comprehensive Plan and translates them into specific,integrated,and community driven objectives that were used to prepare the UDO. The Land Use Plan established the following goals and values: • Use a participatory process to establish clear and simple rules that are fairly and consistently applied,respect community diversity, incorporate existing community plans,and are revised democratically. • Encourage investment by making development rules predictable,setting aside land for job creation in key districts and corridors supported by cost-effective infrastructure,and allowing for the productive and timely reuse of vacant land. • Promote land use patterns that encourage compact development and transportation choices to conserve energy;protect air, water, and soil quality;preserve and expand green infrastructure;and support access to wholesome food to promote healthy living. • Respect traditional development patterns,repair existing neighborhood fabric,help residents reinvent neighborhoods where the fabric is beyond repair,and preserve the city's architectural heritage and the physical context that supports it. • Create the conditions for growth by making the city attractive to newcomers,meeting the aspirations of current residents,and sharing the benefits of city life equitably with this generation and those to come. The Office of Strategic Planning is requesting that Your Honorable Body: 1.Schedule and hold a public hearing on the Land Use Plan. 2. Refer the Land Use Plan to the Planning Board for review and comment. 3. Refer the Land Use Plan to Erie County for review and comment 4.Adopt the attached Land Use Plan and appendix as a component of the City of Buffalo Comprehensive Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 5.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate adoption. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO.2138 ADOPTION INTO LAW OF THE UNIFIED DEVELOPMENT ORDINANCE PRIOR COUNCIL REFERENCE:7/9/2013(No. 13)(2013 Annual Action Plan),4/30/2013(No.61) This Honorable Body is requested to adopt the Unified Development Ordinance into law as the City of Buffalo's new zoning code. The UDO will control land use and development in the City of Buffalo.The UDO includes a zoning map,description of zones,design standards and roles regarding signs and right of ways.The LIDO utilizes a"Form-Based"approach to zoning. This Ordinance is adopted in accordance with a Comprehensive Plan to promote the interest and welfare of the people through standards that address the orderly and compatible use of land,the relationship between building facades and the public realm,the form and mass of buildings in relation to one another,and the scale and type of blocks,thoroughfares,and open spaces. The Office of Strategic Planning is requesting that Your Honorable Body: As required in 511-126 of City Charter and Code refer to the Legislation Committee for public hearing(s)on the attached UDO 2. Refer the UDO to the Planning Board for review and comment 3. Refer the UDO to Erie County for review and comment 4. Instruct the City Clerk to undertake other actions required for the review of the LIDO. Adopt the UDO as Article 496 of the Buffalo City Code following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate adoption Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO.2139 ADOPT THE PROPOSED HOMESTEAD PLAN AND REPEAL PREVIOUS HOMESTEAD PLAN This Honorable Body is requested to accept the new Homestead Plan which would increase the number of homestead eligible properties. This Honorable Body has previously enacted a Homestead Plan in the City of Buffalo.While successful thus far,the plan must be modified to meet new challenges. There are currently an estimated 5,100 abandoned houses and 12,500 vacant residential lots in Buffalo. During the past fiscal year,the city spent over$24.5 million in local,state,and federal resources addressing these properties. Developing a comprehensive approach is essential to both lessening this cost burden and encouraging the reuse of these properties. Since 1974,the Homestead Program has promoted redevelopment and reuse of vacant city-owned houses and lots. It was established as an Urban Renewal Plan so that properties within areas designated as blighted,deteriorated,or deteriorating could be sold for less than Fair Market Value. To remain effective,boundaries must be regularly adjusted to align program benefits with changing markets and neighborhood dynamics. The revised Homestead Plan will allow homesteading of vacant structures throughout the city;permit new construction in residential zones of the Unified Development Ordinance;and enable homeowners to purchase an adjacent lot within HUD-eligible Low-and Moderate Income(LMI)block groups. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Repeal in its entirety the current Homestead Plan following the adoption of a Findings Statement as required by the State Environmental Quality Review Act. 2.Adopt the attached Homestead Plan. 3.Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,agreements and/or modifications,amendments thereto as shall be necessary to facilitate adoption. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO.2140 PROPERTY INCLUDED IN THE LOCAL LANDMARK STATUS-2256 BAILEY AVENUE Property Name: "Wendy House" Property Address: 2256 Bailey Avenue Status: Local Landmark Date Approved: September 1,2015 Property/s included in the Local Landmark Status: 2256 Bailey Avenue RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.2141 REPORT OF SALE-769 BEST&781 BEST(FILL) Report of Sale-Former School No.59 769 Best,South Side Se Corner of Fillmore(Irregular)Lot Size 108'x Irregular Depth Assessed Value Land:$12,100 Improvements:$712,900 Total:$725,000 781 Best-Vacant Land South side, 108'East of Fillmore Lot Size:86.16 EL, 150'WL, 125.32 Rear Assessed Valuation:$6,400(Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Rhonda Ricks on behalf of Parkview Apartments of Buffalo, LLC("Developer"),c/o SA+A Development,777 Brickell Avenue,5`h Floor,Miami, FL 33131 to purchase 769& 781 Best Street. The Property consists of a three-story and full basement,masonry school building,containing 39,390 sq.ft.constructed in 1901,situated on an irregular shape lot having frontage of approximately 108 feet on Best and 179.78 feet on Fillmore.The adjoining lot is also irregular shaped with 109 feet of frontage on Best, 150'on the west line,86 feet east line and irregular rear property line. The Developer intends to complete the historic renovation of former School No.59 utilizing guidelines established by the National Park Service and New York State Historic Preservation Office(SHPO). Upon completion the Parkview Apartments will consist of 26 affordable housing rental units.The apartments will be divided into 11 spacious one-bedroom apartments, 11 two-bedroom apartment and 4 three- bedroom apartments.The units will consist of refurbished hardwood floors,energy efficient windows,refurbish tin ceiling and energy efficient appliances.There will also be an on-site laundry facility,elevator,appropriate community spaces,and repaved off-street parking. Considering the age of the building,lead,asbestos and remediation work will be completed,the roof replaced,masonry restored to interior and exterior and plumbing that includes a new Radon Mitigation System.The boiler that is currently in the building will be removed and replaced with new green energy efficient HVAC and electrical system.This redevelopment project will enhance the preservation and esthetics of the neighborhood.The total project cost estimates are$8,138,862.00.Their funding sources are as follows: HOME $1,100,000 Historic Tax Credit Equity(Federal) $1,217,000 Historic Tax Credit Equity(State) $ 786,000 Low Income Housing Tax Credit Equity $4,695,000 Deferred Developer Fee: $ 340,862 Total Sources: $8,138.862 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. Parkview Apartments of Buffalo, LLC commissioned GAR Associates,Mr.Scott Allen,Appraiser and he has estimated the value of the properties to be Two Hundred Sixteen Thousand Five Hundred Dollars($216,500)The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of February 23,2015 and they concurred with the appraiser's estimate of value. Parkview Apartments of Buffalo, LLC has agreed and is prepared to pay Two Hundred Sixteen Thousand Five Hundred Dollars ($216,500)for the subject properties. Pursuant to Item No.2438,C.C.P.the Common Council approved to designate Parkview Apartments, LLC as designated developer.This project is moving quicker than anticipated,we are,therefore,requesting that Your Honorable Body approve to the sale of 769&781 Best to Parkview Apartments, LLC to Parkview Apartments of Buffalo, LLC and to authorize the Division of Real Estate to proceed with a contract of sale,with a reverter revision instead of the Land Disposition Agreement (LDA). The City Planning Office has informed the purchaser that at their meeting held on December 16,2014the Board determined that the design and site plan meets the criteria for site plan approval contained in section 511-145 and 511-146 of the Buffalo Code.A coordinated New Your State Quality Review(SEQR)was completed by the City of Buffalo Planning Board and a negative declaration was approved on December 16,2014. Further note that the Planning Board voted to approve as presented the design,site plan and elevations dated November 4,2014 for the renovation of former School No.59 located at 769 Best into 26 affordable housing units. I am recommending that Your Honorable Body approve the sale of 769&781 Best to Parkview Apartments of Buffalo, LLC(and/or a corporation,partnership or other legal entity to be designated by the Developer and approved by the Office of Strategic Planning)in the amount of Two Hundred Sixteen Thousand Five Hundred Dollars($216,500.00)on condition of the following: 1.Submission by Developer of a detailed site plan of the Project 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 of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinances of the City of Buffalo. 2.Submission by Developer to the office of the Division of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 3. 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 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. 4. Developer shall execute an Environmental Release and Indemnity 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 sole discretion.All provisions contained in said agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. 5. Buyer shall pay for any utility/light pole alteration or decommissioning or removal costs if it is determined(and if City agrees with such determination)that any utility poles needed to be altered and/or decommissioned and/or removed from the Property. 6. Buyer shall pay for all title,survey(ALTA survey),title insurance,recordation fees,filing fees,transfer tax(deed stamps),as well as for any and all other expenses related to the closing and transfer of title. 7. Provide the City with any easement rights,access agreements,if necessary,satisfactory to the City in the City's sole discretion. 8.The deed shall include language whereby the Buyer accepts transfer of the Property subject to all terms and conditions contained in the HOME Agreement between the City of Buffalo Urban Renewal Agency and SA+A Development and R+A+R Development Inc. and Parkview Apartments of Buffalo LLC dated July 29,2015 and executed by the City of Buffalo Urban Renewal Agency and SA+A Development and R+A+R Development Inc.and Parkview Apartments LLC and filed with the Erie County Clerk's Office on or about .12015. 9. Developer agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. 10.Venue for any and all disputes shall be in the County of Erie and the State of New York,including but not limited to depositions, examinations before trial,meetings,dispute resolution efforts,motions,pre-trial motions,discovery and all other proceedings including but not limited to trial. 11 .Authorize pertinent City personnel to take such steps,actions and prepare documents as deemed necessary by the Corporation Counsel's Office for the transfer of title. 12.Authorize the Mayor to execute the deed and any other documents deemed necessary by the City's Corporation Counsel's Office. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated October 21,2015, be received and filed; That the offer from Ms. Rhonda Ricks,on behalf of Parkview Apartments of Buffalo, LLC("Developer")c/o SA+A Development,777 Brickell Avenue,5`h Floor,Miami, Florida 33131,in the amount of Two Hundred Sixteen Thousand Five Hundred Dollars($216,500.00) for the purchase of 769 Best and 781 Best, Former School No.59,be and hereby is accepted;and That pursuant to Item No.2438,C.C.P.,the Common Council approved to designate Parkview Apartments, LLC as the designated developer.The Developer intends to complete the historic renovation of former School No.59 utilizing guidelines established by the National Park Service and New York State Historic Preservation Office("SHOP"). Upon completion,the Parkview Apartments will consist of 26 affordable housing rental units.The apartments will be divided into 11 one-bedroom apartments, 11 two-bedroom apartments,and 4 three-bedroom apartments. That the Common Council hereby approves the sale of 769 Best and 781 Best to Parkview Apartments of Buffalo, LLC(and/or a corporation,partnership or other legal entity to be designated by the Developer and approved by the Office of Strategic Planning)in the amount of Two Hundred Sixteen Thousand Five Hundred Dollars($216,500.00)on condition of the following: 1.Submission by Developer of a detailed site plan of the project 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 of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinances of the City of Buffalo. 2.Submission by the Developer to the Office of the Division of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. 3. 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 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,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 Counsel's Office and signed by the City of Buffalo prior to any and all Contractors accessing the property. 4. Developer shall execute an Environmental Release and Indemnity 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 sole discretion.All provisions contained in said agreement shall run with the land constituting the property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the property. 5. Buyer shall pay for any utility/light pole alteration or decommissioning or removal costs if it is determined(and if City agrees with such determination)that any utility poles needed to be altered and/or decommissioned and/or removed from the property. 6. Buyer shall pay for all title,survey(ALTA survey),title insurance,recordation fees,filing fees,transfer tax(deed stamps),as well as for any and all other expenses related to the closing and transfer of title. 7. Provide the City with any easement rights,access agreements,if necessary,satisfactory to the City in the City's sole discretion. 8.The deed shall include language whereby the Buyer accepts transfer of the property subject to all terms and conditions contained in the HOME Agreement between the City of Buffalo Urban Renewal Agency and SA+A Development and R+A+R Development, Inc.and Parkview Apartments of Buffalo, LLC dated July 29,2015 and executed by the City of Buffalo Urban Renewal Agency and SA+A Development and R+A+R Development Inc.and Parkview Apartments, LLC and filed with the Erie County Clerk's Office. 9. Developer agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. 10.Venue for any and all disputes shall be in the County of Erie and State of New York,including,but not limited to,depositions, examinations before trial,meetings,dispute resolution efforts,motions,pre-trial motions,discovery and all other proceedings including, but not limited to trial. That the Common Council hereby authorizes pertinent City personnel to take such steps,actions and prepare documents deemed necessary by the Corporation Counsel's Office for the transfer of title;and that the Common Council hereby authorizes the Mayor to execute the deed and any other documents deemed necessary by the City's Corporation Counsel's Office. PASSED AYES 9, NOES 0 NO.2142 REPORT OF SALE-PORTION OF 240 KENSINGTON (THE"PROPERTY")VACANT INDUSTRIAL LAND APPROXIMATELY 2.5 ACRES (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David Pawlik and Nicholas A.Sinatra on behalf of 240 Kensington LLC("Developer"),c/o Creative Structures Services, 1659 Amherst Street, Buffalo, New York 14214 to purchase a portion of 240 Kensington(approximately 2.5 acres). The Developer intends to construct Forty(40)one(1)and two(2)bedroom units and a community room on approximately 2.5 acres of land.The total project cost estimates are$5,600,000.00,of which$400,000 is equity. Funding for this project will be as follows: HOME Funds: $1,200,000.00 Bank of Castile: $4,000,000.00 Note:$800,000 of th3$4,000,000 is funded through Bank of Castile for site and Brownfield Remediation,plus$3,200,000 will be permanent financing through the Bank of Castile. Equity: $400,000.00 The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. The Developer commissioned KLW Appraisal Group, LLC,Mr.Gregory C. Klauk.Appraiser and he has estimated the value of the 2.5 acres to be One Hundred Forty-Five Thousand Six Hundred Dollars($145,600.00).The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of September 10,2015 and they concurred with the appraiser's estimate of value. 240 Kensington LLC has agreed and is prepared to pay One Hundred Forty-Five Thousand Six Hundred Dollars($145,600.00)for an approximately 2.5 acre portion of 240 Kensington. Pursuant to Item No.393,of March 3,2015 the Common Council approved to designate David Pawlik and Nicholas Sinatra as designated developers for this project.This project is moving quicker than anticipated, we are,therefore,requesting that Your Honorable Body approve the sale of a portion of 240 Kensington(approximately 2.5 acres)to 240 Kensington LLC or an entity and/or a corporation,partnership,or other legal entity to be designated by Developer and approved by the Office of Strategic Planning and to authorize the Division of Real Estate to proceed with a contract of sale instead of the Land Disposition Agreement(LDA)and all other documents necessary for the transfer of title. On May 19,2015 the City Planning Board determined that the design,elevations and site plan submitted met the criteria for site plan approval contained in Section 511-137 of the Buffalo Code. Further note that Planning Board voted to approve the construction of the Three(3)Story, Forty(40)Unit,Senior Housing Project as presented on May 19,2018. Pursuant to City Code Chapter 168-5(B)(8).The City of Buffalo's environmental review ordinance exempts the sale of city property, under 50 acres,from SEQR review by designating it a Type 2 Action. I am recommending that Your Honorable Body approve the sale of a portion of 240 Kensington(approximately 2.5 acres)to 240 Kensington LLC(and/or a corporation,partnership,or other legal entity to be designated by 240 Kensington, LLC and approved by the Office of Strategic Planning)in the amount of One Hundred Forty-Five Thousand Six Hundred Dollars($145,600.00)on condition of the following: 1.Submission by Developer of a detailed site plan of the Project 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 of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinances of the City of Buffalo. 2.Submission by Developer to the office of the Division of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 3. 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 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. 4. Developer shall execute an Environmental Release and Indemnity 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 sole discretion.All provisions contained in said agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. 5. Developer shall pay for any utility/light pole alteration or decommissioning or removal cost if it is determined(and if City agrees with such determination)that any utility/light poles need to be altered and/or decommissioned and/or removed from the Property. 6. Provide the City with any easement rights,access agreements,if necessary,satisfactory to the City in the City's sole discretion. 7. Buyer shall pay for all title,survey(ALTA survey),title insurance,recordation fees,filing fees transfer tax(deed stamps),as well as for any and all other expenses related to the closing and transfer of title. 8.The deed shall include language whereby the Developer accepts transfer of Property subject to all terms and conditions contained in the HOME Agreement between the City of Buffalo Urban Renewal Agency and Development Unlimited of WNY, LLC and Sinatra And Company Real Estate, LLC and 240 Kensington LLC dated July 29,2015 and executed by the City of Buffalo Urban Renewal Agency and Development Unlimited of WNY, LLC and Sinatra and Company Real Estate, LLC and 240 Kensington, LLC and filed with the Erie County Clerk's Office on or about .,20. 9. Developer agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. 10.Authorize pertinent City personnel to take such steps,actions and prepare documents as deemed necessary by the Corporation Counsel's Office for the transfer of title. 11.Authorize the Mayor to execute the deed and any other documents deemed necessary by the City's Corporation Counsel's Office. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated October 21,2015, be received and filed; That the Common Council hereby approves the sale of a portion of 240 Kensington(approximately 2.5 acres)to Mr. David Pawlik and Nicholas A.Sinatra,on behalf of 240 Kensington, LLC(and/or a corporation,partnership,or other legal entity to be designated by 240 Kensington, LLC and approved by the Office of Strategic Planning)in the amount of One Hundred Forty-Five Thousand Six Hundred Dollars($145,600.00)to construct forty(40)one-bedroom and two-bedroom apartments on the condition of the following: Submission by Developer of a detailed site plan of the project 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 of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinances of the City of Buffalo. 2.Submission by the Developer to the Office of the Division of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. 3. 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 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,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 Counsel's Office and signed by the City of Buffalo prior to any and all Contractors accessing the property. 4. Developer shall execute an Environmental Release and Indemnity 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 sole discretion.All provisions contained in said agreement shall run with the land constituting the property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the property. 5. Developer shall pay for any utility/light pole alteration or decommissioning or removal costs if it is determined(and if City agrees with such determination)that any utility poles needed to be altered and/or decommissioned and/or removed from the property. 6. Provide the City with any easement rights,access agreements,if necessary,satisfactory to the City in the City's sole discretion. 7. Buyer shall pay for all title,survey(ALTA survey),title insurance,recordation fees,filing fees,transfer tax(deed stamps),as well as for any and all other expenses related to the closing and transfer of title. 8.The deed shall include language whereby the Developer accepts transfer of the property subject to all terms and conditions contained in the HOME Agreement between the City of Buffalo Urban Renewal Agency and Development Unlimited of WNY, LLC and Sinatra and Company Real Estate, LLC and 240 Kensington LLC,dated July 29,2015 and executed by the City of Buffalo Urban Renewal Agency and Development Unlimited of WNY, LLC and Sinatra and Company Real Estate, LLC and 240 Kensington LLC and filed with the Erie County Clerk's Office. 9. Developer agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. That the Common Council hereby authorizes pertinent City personnel to take such steps,actions and prepare documents as deemed necessary by the Corporation Counsel's Office for the transfer of rifle;and that the Common Council hereby authorizes the Mayor to execute the deed and any other documents deemed necessary by the City's Corporation Counsel's Office. PASSED AYES 9, NOES 0 NO.2143 APPOINT ADMINISTRATIVE SECRETARY(PERM)(INTER)(WEBBER) Certificate of Appointment Appointment effective 10/19/15 in the Department of Mayor's Office of Strategic Planning Division of Planning Zoning&Land Use to the Position of Administrative Secretary Permanent Promotional Intermediate starting salary of$42,101(step 2) Angela Webber,624 Eggert Road, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO.2144 CERTIFICATE OF NECESSITY-COUNCILM EMBER 8 Transfer of Funds We, Byron W. Brown,Mayor and Mark J. F.Schroeder,Comptroller,do hereby certify,pursuant to Section§20-12 of the Charter,that it is necessary that the sum of$4,000 be transferred and reappropriated as set forth below: From: 10102001-412002L Legislative—Hourly $4,000 To: 10109004-458001 Councilmember Wyatt—Transportation $2,000 10109004-458002 Councilmember Wyatt-Meals&Lodging $1,500 10109004-458003 Councilmember Wyatt-Registration&Membership $ 500 RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO.2145 APPOINT COMPUTER PROGRAM MER(LUCAS)(CONT PERM)(INTER) CERTIFICATE OF APPOINTMENT Appointment effective: 10/12/15 in the Department of MIS to the Position of Computer Programmer Contingent Permanent Promotional Intermediate Starting salary of$52,566 Corrina Lucas,69 Briggs Avenue, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.2146 APPOINT SR DATA PROCESSING EQUIP OPERATOR(FRIEDAY LEWIS)(PERM)(MAX) Certificate Of Appointment Appointment effective: 10/13/15 in the Department of MIS to the Position of Sr. Data Processing Equipment Operator Permanent Open Competitive Maximum Starting salary of$46,434 Sandra Frieday Lewis,64 Fuller Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETSSUBJECT: NO.2147 CHANGE IN CONTRACT-CONTRACT#93001337 CIR ELECTRICAL CITY HALL EXTERIOR LIGHTING ELLICOTT DISTRICT PRIOR COUNCIL REFERENCE#629 of 3/18/14 I hereby submit to Your Honorable Body the following change to the above referenced contract.This change order is for Alternate#2. Base Bid Alt#2 CIR Electrical Constr.Co. $489,900.00 $125,000.00 400 Ingham Ave., Buffalo NY Frey Electric Construction Co. $692,000.00 $88,000.00 100 Pearce Ave.,Tonawanda, NY South Buffalo Electric $727,777.00 $166,647.00 1250 Broadway St., Buffalo, NY The foregoing change results in a net increase in the contract of One Hundred Twenty Five Thousand Dollars and 00/100($125,000). Summary:Previous Amount Approved $489,900.00 Amount of this Change Order + $125,000.00 Total Approved Amount to Date$614,900.00 Costs have been reviewed by the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for this work will be made available from a NYPA Formula Grant and an Account will be created to facilitate the transfer of grant funds. 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 October 3,2015,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$125,000.00(Original Contract Amount$489,900.00+Change Order$125,000.00 for a Revised Contract Amount of$614,900.00)for City Hall Exterior Lighting,to CIR Electrical Construction Co.,Contract#93001337.The funds will be made available from a NYPA Formula Grant and an account will be created to facilitate the transfer of grant funds. PASSED AYES 9, NOES 0 NO.2148 PERMISSION FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY 52 ST.JOHNS PLACE PLASTER STATUES ELLICOTT DISTRICT Ms. Haley Hartmans,owner of the property located at 52 St.Johns Place,has requested permission to install 2 statues within City Right of Way abutting said address.The statues are made of plaster,measure approximately 4'in height and would be placed at either side of a newly installed driveway on the Orton Place side of the property. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413 Section 67(Encroachment Regulations)of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a"Mere License",subject to approval as-to-form by Corporation Counsel,for said encroachment provided the following conditions are met: 1.That the applicant obtain any and all City of Buffalo permits necessary. 2.That the statues be installed a minimum of 18"setback from the public sidewalk and that they be installed on slab foundations that are no Thicker than 6". 3.That the applicant be responsible for maintenance of the statues as long as they remain within City right of way. 4.That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health,safety and welfare of the public,or the needs of the City,said commissioner may order the immediate removal of the encroachment as described in Chapter 413-67(F)of the City Charter. 5.That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said statues. 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 October 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 issue a"Mere License"to Ms.: Haley Hartmans,owner of the property at 52 St.Johns Place,to install two(2)statues within the City right-of-way abutting said address.The statues are made of plaster,measure approximately 4'in height and would be replaced at either side of the newly installed driveway on the Orton Place side of the property.The encroachment is approved provided the following conditions are met: • That the applicant obtains any and all City of Buffalo permits necessary. • That the statues be installed a minimum of 18"setback from the public sidewalk and that they be installed on slab foundations that are no thicker than 6". • That the applicant be responsible for maintenance of the statues as long as they remain within the City right of way. • That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of the factors effecting the health,safety and welfare of the public,or the needs of the City,said Commissioner may order the immediate removal of the encroachment as described in Chapter 412-67(F)of the City Charter. • That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said statues. PASSED AYES 9, NOES 0 NO.2149 PERMISSION ENTER INTO AGREEMENT WITH THE BUFFALO MUNICIPAL HOUSING AUTHORITY USE OF 1827 FILLMORE AVENUE FOR WINTER SNOW STORAGE MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks,and Streets(DPW)to enter into all necessary agreements with the Buffalo Municipal Housing Authority(BMHA)for use of 1827 Fillmore Avenue for winter snow storage.The City would be responsible for all costs necessary to prepare the site for use and to replace or repair any permanent facilities that may become damaged during use. 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 October 22,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Buffalo Municipal Housing Authority("BMHA")for use of 1827 Fillmore Avenue for winter snow storage.The City would be responsible for all costs necessary to prepare the site for use and to replace or repair any permanent facilities that may become damaged during use.All agreements will be subject to approval as to form by the Corporation Counsel. PASSED AYES 9, NOES 0 NO.2150 PERMISSION TO ENTER INTO SUPPLEMENTAL AGREEMENT NO.5 W/NYSDOT FOR BAILEY AVENUE BRIDGES-PIN 5756.34 OVER CAZENOVIA CREEK&BUFFALO RIVER LOVEJOY DISTRICT PRIOR COUNCIL REFERENCE: Item 496 of CCP 3/17/2014 Permission is requested from Your Honorable Body to authorizing the Mayor to enter into supplemental agreements No.5 to federal aid project#D017846 with the New York State Department of Transportation(NYSDOT).The total amount of the agreement is$23,586,000 that will be for both the federal and Non-federal share cost of the Preliminary Engineering (Scoping&Design I-VI), Right-of-Way(Incidental&Acquisition),Construction and Construction Inspection phases of the project related to Replacement of the Bailey Avenue Bridges Over Cazenovia Creek&Buffalo River. In addition,permission is requested for authorizing the Commissioner of Public Works, Parks and Streets to implement and provide funding in the first instance 100%of the Federal-aid and State Marchiselli program-aid eligible costs of the subject project phases of which the federal and state shares are reimbursable.City share of total project costs is anticipated to be$3,658,800.00 Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. 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 October 21,2015,be received and filed;and That the Common Council hereby authorizes the Mayor to enter into Supplemental Agreement No.5 to Federal Aid Project #D017846 with the New York State Department of Transportation(NYSDOT)for both the federal and non-federal share cost of the Preliminary Engineering(Scoping&Design A-VI), Right-of-Way(Incidental and Acquisition),Construction and Construction Inspection phases of the project related to the replacement of the Bailey Avenue Bridges over Cazenovia Creek and the Buffalo River. That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to implement and provide funding in the first instance 100%of the Federal aid and State Marchiselli program aid eligible costs of the subject project phases of which the federal and state shares are reimbursable. Funds for this project will be available in Capital Project Account of the Local Match for the Federal Aid Projects. PASSED AYES 9, NOES 0 NO.2151 PERMISSION TO INCREASE CONTRACT 2014-15 CITYWIDE TREE REMOVALS TREE CARE OF NEW YORK,LLC CONTRACT#93001430 PRIOR COUNCIL REFERENCE: Item#1566 of July 22,2014 1 hereby submit to your Honorable Body the following change for this contract.Tree Care of New York, LLC is the contractor for 2014-15 Citywide Tree Removals.This increase is necessary for the additional services for unforeseen emergency tree removal work. Current Contract Amount: $356,400.00 This Cost Increase: $6,610.00 Total: $363,010.00 1 certify that this increase is based on unit prices from current contract and is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for$6,610.00. The funds are available in account 38304006. 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 October 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 execute a Change Order in the amount of$6,610.00(Original Contract Amount$356,400.00+Change Order$6,610.00 for a Revised Contract Amount of$363,010.00)for 2014-2015 Citywide Tree Removals,to Tree Care of New York, LLC, Contract#93001430.The funds are available in Account#38304006. PASSED AYES 9, NOES 0 NO.2152 PERMISSION TO INCREASE CONSTRUCTION CONTRACT CONCRETE APPLIED TECHNOLOGIES CORP. CONTRACT#93001377 PIPES ON VARIOUS BRIDGES IN THE CITY OF BUFFALO I hereby submit to your Honorable Body the following change for this contract.Concrete Applied Technologies is the construction contractor for the Water Distribution Improvements-Pipes on Various Bridges in the City of Buffalo Contract. This increase is necessary for construction services related to a design change ordered by NYSDOT requiting modification of diaphragms for pipe supports on the Best Street Bridge over the Rt.33. New fabricated angles require modification and field drilling with 2 days of traffic control and lane closure necessary to complete the pipe support installation on the bridge. Current Contract Amount: $782,043.05 This Cost Increase: $ 23,629.55 Total: $807,672.60 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for$23,629.55 The funds are available in a Division of Water account(s)53230786 445100,an account(s)to be named at a later date. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works Parks and Streets,dated October 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 execute a Change Order in the amount of$23,629.55(Original Contract Amount$782,043.05+Change Order$23,629.55 for a Revised Contract Amount of$807,672.60)for Water Distribution Improvements-Pipes on Various Bridges in the City of Buffalo,to Concrete Applied Technologies Corp.("CATCO"),Contract#93001377.The funds are available in a Division of Water Account(s)53230786 445100,and an account(s)to be named at a later date. PASSED AYES 9, NOES 0 NO.2153 PERMISSION TO INCREASE CONSULTANT CONTRACT WATTS ARCHITECTURE&ENGINEERING CONTRACT-93001279 OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENTS PROJECT FILLMORE DISTRICT PRIOR COUNCIL REFERENCE: Permission to hire Engineering Consultant(Item No.22,C.C.P 12/10/2013) 1 hereby submit to your Honorable Body the following change order for this contract.Watts Architecture&Engineering has been hired for the construction Administration and construction inspection of the Ohio Street Improvements Project. This increase is necessary for additional services by consultant for the inspection of the water line replacement betterment as well as the extension of the construction contract for additional work that could be completed with excess grant funding. Original Contract Amount: $1,325,000.00 This Change Order: $126,130.00 Total: $1,451,130.00 The original contract is funded with 80%Federal and 20%ECHDC funds.This change order will be funded by Division of Water from account 53230786-445100,grant account 32190006-445100 and or an account 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 October 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 execute a Change Order in the amount of$126,130.00(Original Contract Amount$1,325,000.00+Change Order $126,130.00 for a Revised Contract Amount of$1,451,130.00)for construction administration and construction inspection of the Ohio Street Improvements Project,to Watts Architecture&Engineering,Contract#93001279.The original contract is funded with 80%Federal and 20%ECHDC funds.This change order will be funded by Division of Water Account #53230786-445100,Grant Account#321900006-445100,and/or an account to be named at a later date. PASSED AYES 9, NOES 0 NO.2154 PERMISSION TO REIMBURSE THE ADVANCE PAID TAXES RIGHT OF WAY PARCEL BAILEY AVENUE BRIDGES OVER BUFFALO RIVER AND CAZENOVIA CREEK PROJECT FHWA/NYSDOT PIN#5756.34 LOVEJOY DISTRICT PRIOR COUNCIL REFERENCE: Item No. 1234,CCP 6/23/15 Your Honorable Body previously approved the acquisition of property at 150 Bailey Avenue necessary to facilitate the subject project.Since your approval,City has acquired the property. The seller paid advanced taxes in amount of$1,173.67 for period after the closing date of 8/25/2015. 1 am therefore requesting that Your Honorable Body hereby authorize the Mayor,the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and pay to the seller the advanced taxes to complete the acquisition by the City. Payment of advance taxes is an eligible expense reimbursable by the grant. Funds are available in the grant account. 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 October 21,2015,be received and filed;and That the Common Council hereby authorizes the Mayor,the Commissioner of the Department of Public Works, Parks and Streets and/or such other appropriate City personnel to execute such documents and to pay the seller the advanced taxes in the amount of$1,173.67 to complete the acquisition by the City of property at 150 Bailey Avenue necessary to facilitate the Bailey Avenue Bridges project. Payment of advance taxes is an eligible expense reimbursable by the grant. Funds are available in the Grant Account. PASSED AYES 9, NOES 0 NO.2155 REQUEST PERMISSION TO ACCEPT FUNDS FROM BUFFALO&ERIE COUNTY PUBLIC LIBRARY NIAGARA AND CRANE BRANCH LIBRARIES Permission is hereby requested from Your Honorable Body to accept funds from the Buffalo&Erie County Public Library (B&ECPL). B&ECPL received a grant from the NYS Library Construction Grants to partially fund the construction of the Niagara Branch Library's rehab and elevator upgrades and the Crane Branch Library new roof that is currently under construction at both the Niagara Branch Library and the Crane Branch Library. An Account will be created to facilitate the transfer of grant funds in the following funding amount(s): Funder Name Amount Description Buffalo&Erie County $53,931 Used to Partially fund the cost of the Public Library(B&ECPL) Niagara Branch rehab&elevator upgrades $176,833 Used to Partially fund the cost of the Crane Branch Library new roof 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 October 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 accept funds from the Buffalo&Erie County Public Library.The Buffalo&Erie County Public Library received a grant from the NYS Library Construction Grants to partially fund the construction of the Niagara Branch Library's rehab and elevator upgrades and the Crane Branch Library new roof that is currently under construction at both the Niagara Branch Library and the Crane Branch Library.An account will be created to facilitate the transfer of grant funds in the following funding amounts: Funder Name Amount Description Buffalo&Erie County $53,931 Used to Partially fund the cost of the Public Library(B&ECPL) Niagara Branch rehab&elevator upgrades $176,833 Used to Partially fund the cost of the Crane Branch Library new roof PASSED AYES 9, NOES 0 NO.2156 APPOINT DEPUTY COMM OF PUBLIC WORKS,PARKS&STREETS(JACKSON)(EXEMPT) Certificate Of Appointment Appointment effective 10/15/15 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Deputy Commissioner of Public Works, Parks&Streets for Street and Sanitation Exempt Flat Starting salary of$89,192 Henry Jackson,527 Northland Avenue, Buffalo 14211 RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE NO.2157 DRUG ASSET WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. 104,C.C.P.2/2/88 14-DEA-604251 C2-10-0004 1,337.70 15-DEA-607123 C2-14-0120 2,005.08 15-DEA-607122 C2-14-0120 13,586.72 The Drug Enforcement Administration(DEA), U.S.Customs and/or the FBI has administratively forfeited the above referenced property.The funds were received by this Department through wire transfers and duly deposited in the Trust& Agency Account,#20010000-389001.These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar,Confidential Funds,Materials and Supplies, Firearms and Weapons,Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements,Vehicles,Operating Equipment If you have any questions regarding the above mentioned,please contact Inspector Joseph Strano at 851-4624. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO.2158 PURCHASE TWO(2)RESPONSE VEHICLES We are requesting approval to purchase two(2)24/7 response vehicles for the Buffalo Fire Department. Funds are available to purchase this vehicle through our 12136007 474200 account. Additionally,we are requesting approval to auction/scrap F-443 2001 Tahoe and P-517F 2005 Ford Crown Vic.These vehicles are in poor condition and no longer cost effective as response vehicles. REFERRED TO THE COMMITTEE ON FINANCE NO.2159 APPOINT BATTALION CHIEF(LOTOCKI)(PROM) CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2015 in the Department of Fire Division of Fire to the Position of Battalion Chief Permanent Promotional Minimum Starting Salary of$87,303 Peter Lotocki,3452 Heatherwood Dr, Hamburg 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO.2160 CLAIMS COMMITTEE AGENDA November 5,2015 11:00 a.m. Council Chambers Hon.Joel P. Feroleto,Chairman Personal Injury A. 1. Martin,Taatha $ 12,000.00 A. 2. Peters,Charles o/b/o the estate of Dejac, Lynn $735,000.00 A. 3. Pitts, Bobby $ 5,000.00 A. 4. Rodriguez, Erik p/n/g Figueroa, Elyssa $ 7,500.00 A. 5. Spear, Laura $350,000.00 Property Damage B. 1. Elbanna,Mohamed $ 9,000.00 B. 2. Renkas, Daniel $ 738.06 B. 3. Robert Strianese Sr. $ 453.00 Prior Fiscal Year Invoices C. 1. ACR of WNY $ 1,076.00 C. 2. Air Cleaning Systems, Inc. $ 997.50 C. 3. Airgas USA, LLC $ 189.07 C. 4. Avalon Document Services $ 1,688.46 C. 5. Douglas J. Bantle $ 2,919.16 C. 6. Ber-National Automation, Inc. $ 5,280.00 C. 7. Buffalo Truck Center, Inc. $ 6,455.37 C. 8. Cappellino Cheverolet $ 536.52 C. 9. Cappellino Cheverolet $ 400.00 C. 10. Collucci&Gallaher, P.C. $ 922.50 C. 11. D.F. Bailey, Inc.,Court Reporters $ 540.00 C. 12. Deborah Delelys $ 1,404.00 C. 13. Vera Dujovic $ 604.00 C. 14. D4, LLC $ 217.12 C. 15. Inquiries, Inc. $203,086.12 C. 16. International Institute of Buffalo $ 100.00 C. 17. Ladder Tower Co. $ 11,034.25 C. 18. McClelland Small Animal Hospital $ 335.50 C. 19. Michael S. Lewandowski $ 12,243.55 C. 20. New York State Fence, Inc. $ 7,354.04 C. 21. Orkin Pest Control $ 161.25 C. 22. POMCO $ 57.00 C. 23. Printed Image $ 9,368.00 C. 24. Jeffrey M.Selchick, Esq. $ 4,436.54 C. 25. State of New York Public Employment $ 800.00 Relations Board C. 26. Trueheart Speaks Enterprises $ 1,250.00 Miscellaneous D. 1. Boyd, Lalita D'Antoinette $ 299.06 D. 2. Carrol,Steven $ 2.00 D. 3. Copart Inc. $ 90.00 D. 4. GAM Trucking Corp. $ 10,561.25 D. 5. Scott Hayden $ 2,000.00 For Discussion E. 1. Smith, Barbara $ 700.00 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT& INSPECTION SERVICES NO.2161 FOOD STORE(NEW)1129 EAST FERRY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store License located 1129 EAST FERRY OVAFA ALSAYYAGH!/GOOD YEAR MARKET INC.)and find that as to form is correct. I will cause an investigatio,into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO.2162 APPROVE PHARMACY BENEFIT MANAGEMENT AGREEMENT(PBMA)BETWEEN CITY AND EXPRESS SCRIPTS,INC. PRIOR COUNCIL REFERENCE: Item No.2035 C.C.P.October 13,2015 The Department of Human Resources solicited proposals under a Request for Proposals for the management of employee pharmacy benefits.The proposal submitted by Express Scripts, Inc.was selected,subject to the further review and approval of Your Honorable Body of the related Pharmacy Benefit Management Agreement(PBMA),a copy of which is attached to this Communication. I am recommending and respectfully requesting that Your Honorable Body: 1.Authorize the Commissioner of Human Resources to execute the attached Pharmacy Benefit Management Agreement, upon the material terms contained in said Agreement,but subject to the application and/or modification of any standard contractual terms deemed necessary to allow the Corporation Counsel to approve it as to form. The Contract Term is for three years,commencing on March 1,2016 and ending on February 28,2019,with two one(1) year renewal options. The Contract further includes provisions,which will result in the following benefits to the City of Buffalo: 1.The Contract will save the City of Buffalo approximately$16.9 million over the first three years of the Contract(using 2014 baseline Claims data,adjusted for inflation),which is over$1.2 million greater than the next closest competing proposal. 2.The Contract can be terminated on 30 days'notice to the Manager. 3.The Contract provides for the Manager to cover any and all fees generated by the City's consultant,relating to contract implementation,compliance and enforcement. Thank you for your review of this matter. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of Human Resources,dated October 22, 2015,be received and filed; That the Common Council hereby authorizes the Commissioner Human Resources to execute the Pharmacy Benefit Management Agreement with Express Scripts, Inc.,upon the material terms contained in the agreement and subject to the application and/or modification of any standard contractual terms deemed necessary to allow the Corporation Counsel to approve it as to form.The contract term is for three(3)years,commencing on March 1,2015,and ending on February 28, 2019,with two(2)one-year renewal options. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO.2163 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 153 Elmwood Pasion Latin Fusion Cusine Sergio Mucino RECEIVED AND FILED 2164 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me,reporting the granting of the leaves of absence without pay,in the various departments as listed: Police- Samantha Negron RECEIVED AND FILED NO.2165 NOTICES OF APPOINTMENTS-COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Rivera moved the approval of the appointments to the position of Council Intern. ADOPTED Certificate of Appointment Appointment effective October 16,2015 in the Department of Common Council South Council District Intern VI Unclassified Non-Competitive Flat Starting Salary of$10.00 Justin LaRusch,24 Tamarack St, Buffalo 14220 NO.2166 NOTICES OF APPOINTMENTS-SEASONAL/FLAT I transmit herewith certificates received by me,reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED Certificate of Appointment Appointment effective October 15,2015 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Laborer II Seasonal Non-Competitive Flat Starting Salary of$12.85 hr. Lawrence Williams,331 Phyllis Ave, Buffalo 14215 Certificate of Appointment Appointment effective October 20,2015 in the Department of Public Works, Parks&Streets Division of Parks to the Position of Laborer II Seasonal Non-Competitive Flat Starting Salary of$12.85 hr. Alexander Herandez, 178 Riverside, Buffalo 14207 Certificate of Appointment Appointment effective October 15,2015 in the Department of Public Works, Parks&Streets Division of Parks to the Position of Supervising Lifeguard Seasonal Non-Competitive Flat Starting Salary of$12.85 hr. Kristen Lemke,42 Minton St, Buffalo 14210 NO.2167 APPOINTM ENTS-TEMP/PROV/PERM 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 10/14/2015 in the Department of Fire, Division of Fire to the Position of Emergency Services Fire Dispatcher, Permanent at the Minimum Salary of$23,553.00 Margaret Coughlin,56 Winspear Ave, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 10/14/2015 in the Department of Fire, Division of Fire to the Position of Motor Equipment Mechanic, Provisional at the Minimum Salary of$22,908.00 Craig Pikornowski, 121 Weimer, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective October 10,2015 in the Department of Police, Division of Administration&Communication to the Position of Civilian School Crossing Guard, Permanent at the First Step of$11.22/hr Angel D.Virgil,27 Richlawn Ave, Buffalo, NY 14215 Antwannett Lewis,211 Landon Street, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective 10/14/2015 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Community Recreation Aide,Temporary at the minimum salary of$38,355 Maurice L.Garner III,64 Meech Ave, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective 10/14/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II,Temporary at the minimum salary of$24,000.00 Jose Luis Rivera-Lorenzo,31 Marine Dr.Apt 5C, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective 10/14/2015 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Principal Engineer,Temporary at the minimum salary of$69,737.00 Stephen Buccilli,433 Starin Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 10/14/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker, Permanent at the minimum salary of$24,000.00 Zakari Lee, 155 Durham Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 10/19/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Meter Reader,Temporary at the minimum salary of$24,000.00 Jamar Clark,227 Cedar St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective 10/19/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Equipment Operator,Temporary at the minimum salary of$24,000.00 Douglas Harris, 175 Brinton St, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 10/26/2015 in the Department of MIS,to the position of Computer Operator,Temporary at the minimum salary of $43,509.00 Ronisha Rice,233 High St, Buffalo, NY 14204 NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.2168 J.GOLOMBEK-I.EVANS-SUPPORT RESOLUTION RE-CITY WIDE BROADBAND Dear Mr.Chwalinski, Please have the following information filed for the October 20`h 2015 Common Council meeting. Thank you, Dear Honorable Common Councilmembers, I'm writing to you in support of the resolution regarding City-wide broadband and municipal internet,which was approved by your body on March 31,2015. I'm writing on behalf of the Elmwood Village Charter School,a high-performing elementary school located at 40 Days Park in Buffalo.As a public school serving a wide range of students,it is increasingly imperative that our building has access to fast and reliable high-speed Internet.Many of the resources,programs and apps that our students need for successful growth and learning are only available online. Our instructional staff uses the Internet every day in their teaching-for administering assessments,to access educational apps and to communicate with each other,their students and their families.Within the next few years,it is the goal of New York State to have annual State-wide assessments(the NYS tests)administered online.Given the current unreliable internet service,we would have a difficult time complying with those accountability requirements. Currently EVCS uses Time Warner Cable for business for out Internet access.The bandwidth varies throughout the day since it's shared with our commercial and residential neighbors.The cost of dedicated fiber to our building is prohibitively expensive,even with available e- rate reimbursements. It's essential for our students,teachers,and administrators to have access to online educational resources so that all of our students have the opportunities that are available to children in the more affluent surrounding communities. We are willing and able to do whatever we can to assist the City of Buffalo in making city-wide broadband internet service a reality. Thank you for your time, Founder and Operations Manager REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2169 J.GOLOMBEK-T.DAVIS-SUGGEST MOVING OF STAGE AT CANALSIDE Dear Mr.Chwalinski: Please file the attached email from Thom Davis of Yorkville Sound for discussion at the next Common Council meeting. Your assistance is greatly appreciated. Where it is now,the sound is blasting directly towards the apartments.Why not simply turn the stage like it was in 2013,facing First Niagara Center? The back of the stage should be perpendicular to the Liberty Hound. No,lets move it away from the subway line so there's are more drunk drivers. Seriously, I know what I am talking about, I have worked in the sound industry for 18 years. Please reconsider. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2170 J.GOLOMBEK-S.GALLIVAN-REQUEST RECONSIDERATION OF PROPOSAL TO MOVE CANALSIDE CONCERTS Dear Mr.Chwalinski, Please have the following information filed for the October 20,2015 Common Council meeting. Gentlemen, Please reconsider your proposal to move the canalside concerts.They have been a significant and vibrant part of a revitalized downtown and have been an example to point out of something Buffalo has done right. It renewed interest in downtown Buffalo,both at its current location and previous site at Lafayette Square,and helped show people who had seldom visited the area what they were missing.The revitalization of the city core has been helped immeasurably by the concerts because of WHERE they have been located. Their locations,accessible by mass transit and a multitude of roadways,also made the concerts an easy-to-get-to and fun experience.At either location, I have been able to arrive with ease and fully enjoy the show with the knowledge that leaving the site would be just as easy. In contrast,the Outer Harbor is a terrible venue that's a nightmare to get in and,particularly,out of if there's any kind of crowd.My family and I went there on July 4 to watch fireworks and were stuck in an hour-long traffic jam trying to get out of there; I can't imagine what it would be like after a concert! This move will kill one of the best things about summer in Buffalo,because I would hesitate to go to that site due to its distance from the city center and its inaccessibility,and I know A LOT of people feel the same way. Please note that I have always been irritated by people who gripe about this city,claiming that we take two steps backward for every step we go forward,but when I see boneheaded proposals like this, I can't argue with the naysayers.Just when downtown is getting vibrant again,you want to wreck one of its best attributes! Once again,please reconsider your proposal to move the Canalside concerts. Don't destroy one of the crown jewels of Buffalo summers. P.S. If you absolutely must move it,go back to Lafayette Square. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2171 J.GOLOMBEK-S.GALLIVANT-SUGGESTIONS MUSIC AT CANALSIDE Dear Mr.Chwalinski, Please have the following information filed for the October 20,2015 Common Council meeting. Mr.Golombek, Thanks once again for your quick response to my e-mails; I have one more comment.A coworker who does sound on the side and I were discussing the problem and we have two suggestions:(1)we both agreed that this year's concerts were louder than usual and that they should have used a decibel meter to ensure that the volume was low enough to address both neighborhood concerns and the City's noise ordinance,and(2)in previous years,the stage and speakers were pointed away from the Marine Drive apartments,whereas this year they were pointed toward them;going back to the previous years'configuration would probably further lower the volume perceived at Marine Drive. That's all. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2172 J.GOLOMBEK-D.GASTON-COMCAST MERGER WITH TWC TERMINATED THEREFORE NO COMMENTS ON BROADBAND Dear Mr.Chwalinski, Please have the following information filed for the October 20,2015 Common Council meeting. Dear Mr.Montour: We have reviewed your letter to Neil Smit dated September 18, 2015 requesting comments and recommendations regarding the proposed Citywide Broadband Municipal Internet Network. The aforementioned letter was likely addressed to Comcast Cable Communications, LLC ("Comcast") in contemplation of its expected merger with Time Warner Cable Enterprises LLC ("Time Warner Cable"). This merger would have brought Comcast's services to the Buffalo market; however, the merger was terminated on April 24, 2015. As a result, Comcast does not have a presence in the Buffalo area, and therefore Comcast will not file any comments or recommendations regarding the resolution. Communications related to the proposed Broadband Municipal Internet Network should be referred to Time Warner Cable. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2173 J.GOLOMBEK-J.HOYLE-CONCERNS RE CANALSIDE CONCERTS Dear Mr.Chwalinski: Please file the attached email from Jeremy Hoyle of the M3 Agency for discussion at the next Common Council meeting. Your assistance is greatly appreciated. Dear Buffalo City Council Members, I am writing this email to all of you to express my concern with the consideration of moving the location t:,fthe Canalside Concerts. Please consider that a vibrant and"alive"city is not also serene at all times. For decades the citizens of our region have practically begged our leaders for the action and excitement of a living and livable urban area. You,as our civic leaders,have accomplished so much with the development and rebirth of this great city. Live music events and events with music and the community feeling that comes with it has been a big factor in that. I understand that the music is somewhat of a nuisance to nearby residents.Given the music is for a few hours a week in the early evening,it is something that could be tolerated for the greater good. Living near a civic urban gathering place will have its pro and cons. The location is not rural and serene,surely. Perhaps the nearby residents were more satisfied with the urban blight that neighbored them for decades? Is the new precedent to consult with nearby residents before agreeing to host as event? Please consider all of the progress you have made. Backwards steps have been the norm in this area for decades. Keep going. Keep growing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2174 J.JANOWS KI-DISINTEG RATION OF CHATHAM AVE BTWN LINCOLN PKWY&ELMWOOD(NORTH) Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO.2175 NYSDEC-BROWNFIELD CLEANUP PROGRAM-837 BAILEY(LOV) Brownfield Application Available for Public Comment The New York State Department of Environmental Conservation(DEC)has received a Brownfield Cleanup Program(BCP)application from Near Dingens, LLC for a site known as the 837 Bailey Ave.,site ID#0915298.This site is located in the City of Buffalo,within the County of Erie,and is located at 837 Bailey Ave. Comments regarding this application must be submitted no later than November 20,2015,A copy of the application and other relevant documents are available at the document repository located at Erie County Library-Dudley Branch,2010 South Park Ave., Buffalo, NY 14220. Information regarding the site and how to submit comments can be found at http://www.dec.ny..gov/chemical/60058.html or send comments to Jaspal Walia, Project Manager, NYS Dept.of Environmental Conservation-Region 9,270 Michigan Avenue, Buffalo, New York 14203;Jaspal.Walia@dec.ny.gov;or call 716-851-7220. NOTE:General information about New York's Brownfield Cleanup Program can be found at http:l/www.dec.ny_govichemicall8450.html Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above,please use the contact information provided above. The New York State Department of Environmental Conservation respects your right to and welcomes your feedback. I Update preferences or unsubscribe. I Learn more about DEC Delivers. RECEIVED AND FILED NO.2176 NYSDOT-INFORMATION RTE 198 Item available for review in the City Clerk's Office RECEIVED AND FILED NO.2177 J..ROONEY-INDIGENIOUS PEOPLES DAY CELEBRATION Dear Honorable Mayor Brown and Councilmembers, I am a Councilman in the Town of Newstead, which encompasses some of the Tonawanda Seneca Nation. This past February, I proposed that Newstead honor our community's Native American history by designating the second Monday in October as Indigenous Peoples Day.After discussion and a public meeting on that topic,on May 26,2015 our Town Board voted unanimously to do so. Since that vote, which we believe made our community the first in New York State to recognize Indigenous Peoples Day, the Village of Akron,the Village of Lewiston and the Town of Lewiston have followed suit and voted to hold Indigenous Peoples Day celebrations in their communities as well. I am writing you to ask you to consider officially recognizing Indigenous Peoples Day in the City of Buffalo.Speaking from our experience in Newstead, working with members of the native community opened up channels of communication on a host of issues. The ties we established will have an impact beyond one day of the year. I am able to meet with any of you to discuss how the City can proceed on this issue. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO.2178 J.BRUCKMAN,OWNER,USE 2115 SENECA ST TO RE-ESTABLISH DISCONTINUED USE OF A TAVERN IN THE SENECA ST SPECIAL DISTRICT.ERECT A PLATFORM CANOPY FOR OUTDOOR CAFD(SOUTH)(HRG 11/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO.2179 E.PRATCHER,OWNER,USE 2235 GENESEE TO RE-ESTABLISH THE USE OF TAKE-OUT RESTAURANT/FOOD STORE IN THE GENESEE SPECIAL ZONING DISTRICT(COV)(HRG 11/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1 NG NO.2180 J.INCAO,OWNER,USE 500 MAIN TO PLACE AN AWNING SIGN IN THE SIGN OVERLAY DISTRICT (ELL)(HRG 11/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO.2181 M.KOHLER,AGENT,USE 357 DELAWARE TO REPLACE A CANVAS AWNING WITH SIGNAGE (FILL)(HRG 11/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO.2182 PHILLIPS LYTLE,LLP-BRILL&O-OPPOSE PROPOSAL BY NICKEL CITY FOR SHREDDING&RECYCLING AT 169 BUFFALO RIVER Honorable Members of the Common Council: As you know,we represent Falls Metal Recycling LLC,regarding the application for a restricted use permit("Use Permit")under Chapter 511 of the City of Buffalo Charter and Code("Code")by Nickel City Shredding and Recycling, LLC,an affiliate of Upstate Shredding LLC and Ben Weitsman&Sons, Inc.(the"Applicant"or the"Weitsmans').The Weitsmans propose to acquire an existing,largely dormant scrap yard owned and operated by Gerdau Ameristeel("Gerdau")at 169 Buffalo River a/k/a 776 Ohio Street("Site")and to establish a new high volume scrap yard including restarting shredder operations("Project"or"Proposed Shredder Yard"). In the course of our work for Falls Metal Recycling,we have met other stakeholders who are very concerned about the Proposed Shredder Yard and its impacts upon the surrounding community.Accordingly,in addition to Falls Metal Recycling,we now also represent the Valley Community Association and Peg Overdorff with regard to the Project.The Valley Community Association has circulated petitions and have obtained many signatures of community members expressing deep concern about the Project and its potential adverse impacts to the community.Copies of these petitions are attached hereto for your consideration. I. Numerous Questions about the Project Are Unanswered Since the Weitsmans filed their application, we have strongly encouraged the Common Council to obtain detailed information about the Weitsmans'proposed operations at the Site and take a"hard look"at the potential adverse environmental impacts of same(as required by the State Environmental Quality Review Act("SEQR')and Chapter 168 of the City of Buffalo Charter and Code("Code")). Since the application was filed a little over two months ago,the Weitsmans have made numerous statements about their proposed operations at a community meeting that was held on September 15,2015 and at Common Council Legislative Committee meetings. However,they appear to have actively worked to minimize the amount of information formally submitted to the Common Council about the Project(this includes a site plan that they have shown the Legislation Committee on multiple occasions but have never submitted). Numerous vital-and fundamental-questions about the Project remain unanswered including: The exact scope of improvements to the Site that the Weitsmans are proposing.The volume of scrap that the Weitsmans anticipate handling at the Site on an annual basis. The anticipated volume of rail shipments of outgoing scrap. The exact scope of modifications the Weitsmans propose to make to the Shredder to restart it. The details on proposed mitigation conditions(proposed verbally only by the Weitsmans'counsel at the October 6,2015 Legislation Committee meeting)and how those proposed conditions will actually mitigate adverse impacts associated with the Proposed Shredder Yard. These questions must be answered and addressed by Applicant in formal submissions to the City as the lead agency in this SEQR process. The Project Is a Type I Action Requiring Full Environmental Assessment In addition,some information that has been provided is inaccurate or lacks supporting documentation. For instance,in response to information that we provided to the Common Council on September 22,2015("Our September 22d Submittal),Applicants'counsel submitted a letter dated October 6,2015("Applicant's October 6th Submittal")asserting that the Proposed Shredder Yard is an unlisted action pursuant to SEQR and that"[u]nlisted actions do not carry with them the same likelihood of requiring an EIS that is associated with Type I actions."We would respectfully submit that,based on the information available about the Project and statements by the Applicant and its representatives,the Proposed Shredder Yard is,in fact,a Type I action pursuant to SEQRA and,therefore,carries a presumption that an environmental impact statement or EIS must be prepared. The first step in the SEQRA process is for the lead agency to classify the proposed project as a Type I action,a Type II action or an Unlisted action.6 NYCRR§617.6(a).SEQRA mandates that this be performed as early as possible.6 NYCRR 617.6(a)(iv).The SEQRA regulations include a list of specific activities which are considered Type I actions.The purpose of the Type I action list is to identify actions that may have a significant adverse impact on the environment and that are more likely to require the preparation of an environmental impact statement. The City of Buffalo has adopted its own Type I action list which is found in Section 168-4 of the City Charter and Code. Included on the Type I list adopted by the Common Council is the following: (9) Any Unlisted action which affects or takes place wholly,partially within or substantially contiguous to land within the base floodplain (one-hundred-year)...and which involve the following: (a) Zoning variances,rezonings,site plan reviews,amendments to Master Plans, Planning Board approvals or issuance of a building permit. (b)New road construction (c)Clear-cutting of trees (d)New construction,or a 50%or greater expansion of the following [4]Public or private utility stations,sewage treatment plants,water facilities,wastewater treatment facilities. [5] Transportation terminals. [6] Parking lots. [7] Health care facilities such as hospitals and nursing homes. Section 168-4(B)(9)(emphasis added). The short EAF submitted by the Applicant specifically identifies the Site as within the base one hundred year floodplain.Applicant has also stated at public meetings about the Project that in order to help control dust at the Site,a significant area on the Site will be paved to provide parking and staging for inbound vehicles and that an existing dirt access road around the Site(which is several hundred feet long),will be paved.Additional hard surfaces will be installed(paving or concrete)for staging of materials.And,Applicant statements at a community meeting held by Applicant on September 15,2015,has also stated that several new buildings will be constructed as part of their proposal including new storage buildings and a fluid draining structures to remove fluids from cars prior to shredding. While Applicant has refrained from submitting an actual site plan to date,which would delineate these improvements to the Common Council,statements made by Applicant's counsel regarding mitigation measures proposed by Applicant further support the fact that building permits and site plan review will be required. For instance,Applicant has proposed construction of new screening fences all around the property,establishment of a new access path from the entrance of the Site to the Buffalo River,and that all truck and vehicle staging will be located on-Site.While Applicant appeared to back off on the commitment to pave new parking and staging areas at the Committee meeting,the Code requires that every off-street parking area and access drive thereto"shall be paved."Code Section 511- 97(C). In addition,per Section 103-2.3(B)(18)and 103-2.3(D),the proposed paving activities(even if simply repaving exiting roads and parking areas)triggers the need for a building permit(only paving associated with walkways,terraces and patios at commercial properties is exempt). Accordingly,based on Applicant's proposed plans for the Site which is located in a floodplain and calls for various improvements included new paved parking and internal circulation road and the issuance of a building permit,the Project is a Type 1 action which requires site plan review.The Weitsmans cannot merely delay filing for site plan review on the proposed improvements as a way of circumventing the City's Type I list. Accordingly,the City should require Applicant to correct the EAF and find that the Project requires a Full Environmental Assessment Form. In addition,this Project should be referred to the City's Environmental Management Commission for review.The statement in Applicant's October 6th Submittal that"we have demonstrated that the action will not have a significant adverse environmental impact"is without support in the record.There are several major potentially significant adverse impacts that remain unaddressed including noise impacts from the operation of the Shredder,traffic impacts,impacts to public health and safety,impacts to water resources,visual and aesthetic impacts,community impacts,archeological impacts and impacts to the threatened or endangered species. We are currently evaluating other information provided in Applicant's October 6,submittal and anticipate additional information to the Common Council shortly REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES (RASHEED N.C.WYATT,CHAIRPERSON) NO.2183 APPOINT SUPPORT SPECIALIST(TEMP)(INTER)(COLERN)(MIS) (CCP#15-2021,10/13) Mr.Wyatt moved: That Communication 2021 of Oct 13,2015,be received and filed and that the Temporary Appointment of Mark Colern,41 Oakhurst Avenue, Buffalo, NY 14220 at the Intermediate step of$59,645.00 is hereby approved PASSED AYES-9 NOES-0 NO.2184 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CCP#15-2047 10/13) Mr.Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A.FONTANA CHAIRMAN) NO.2185 BUFFALO ERIE NIAGARA LAND IMPROVEMENT COALITION-PREEMPTIVE BID AT IN REIN 49 AUCTION (STRAT PLAN)(ITEM NO.2008,C.C.P.,OCT.13,2015) Mr. Fontana moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation: That the Common Council hereby accepts and agrees to the Buffalo Niagara Erie Land Improvement Corporation's("BENLIC")Property Tax Maintenance&Foreclosure Cost Recapture Policy for the City of Buffalo tax sale adopted by BENLIC on September 18,2015,which outlines the obligations of BENLIC and the expected repayment,if any,of the taxes and fees which were the basis for the judgment on properties bid on by BENLIC at the In Rein 49 auction;and that the Common Council hereby authorizes the cancellation of unpaid City taxes and fees on properties bid on by BENLIC to the extent that such agreement results in the repayment of taxes and fees in the amount less than which were the basis for judgment,returning the property to productive use. PASSED AYES—9 NOES—0 NO.2186 CITY OF BUFFALO INVESTMENT POLICY(COMPT) (ITEM NO.2020,C.C.P.,OCT.13,2015) 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 approves the amendment to the City of Buffalo Investment Policy submitted by the Department of Audit and Control to include the following provisions: All deposits and investments at a bank or trust company, including all demand deposits,certificates of deposits and special time deposits that are in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by: 1.A pledge of"eligible securities"with an aggregate"market value"(as provided by the GML Section 10)that is at least equal to the aggregate amount of deposits by the officers.The following is a listing of eligible securities: a.Obligations issued or fully insured or guaranteed as to the payment of principal and interest,by the United States of America,an agency thereof or a United States government sponsored corporation.Margin% 102. Obligations issued or fully insured or guaranteed by New York State,obligations issued by a municipal corporation,school district or District Corporation of New York State or obligations or obligations of any public benefit corporation which under a specific state statute may be accepted as security for deposit of public monies.Margin% 102. 2.An"irrevocable letter of credit"issued in favor of the City of Buffalo for a term not to exceed ninety days by a bank(other than the bank with which the money is being deposited or invested)whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization,as security for the payment of 100 percent of the aggregate amount of deposits and the agreed-upon interest,if any. PASSED AYES—9 NOES-0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK,JR.,CHAIRMAN) NO.2187 REPORT OF SALE-532 BUSTI(ELL)(STRAT PLAN) (ITEM NO.2009,C.C.P.,OCT.13,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the offer from Elliot Velazquez of 543 Busti Avenue, Buffalo, New York 14201, in the amount of Two Thousand Five Hundred Dollars 2,500.00)for the purchase of 532 Busti 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—9 NOES-0 NO.2188 .REPORT OF SALE-57 CARL STREET(MASTEN)(STRAT PLAN) (ITEM NO.2010,C.C.P.,OCT.13,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for denial; That the offer from Mohammed Nuruzzanam of 210 Crystal Street, Brooklyn, New York 11208, in the amount of Two Thousand Eight Hundred Dollars($2,800.00)for the purchase of 57 Carl Street be and hereby is denied. DENIED. AYES—9 NOES-0 NO.2189 REPORT OF SALE-517 MONROE AND 519 MONROE(ELL)(STRAT PLAN) (ITEM NO.2016,C.C.P.,OCT.13,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the offer from Deborah Hunt of 511 Monroe, Buffalo, New York 14211,in the amount of Two Thousand Six Hundred Dollars 2,600.00)for the purchase of 517 Monroe and 519 Monroe 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—9 NOES-0 NO.2190 REPORT OF SALE-545 MONROE(ELL)(STRAT PLAN) (ITEM NO.2017,C.C.P.,OCT.13,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the offer from Devon M. Lawrence and Alphonso Payne,Jr.of 547 Monroe, Buffalo, New York 14211,in the amount of One Thousand Two Hundred Dollars($1,200.00)for the purchase of 545 Monroe 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—9 NOES-0 NO.2191 U.WINGO,SR-A GROSS-CONCERNS 347 E FERRY CCP#15-2052 Mr.Golombek now moves that the above item be Received and Filed. ADOPTED NO.2192 CLIMATE JUSTICE PLEDGE(PRIDGEN)(EXC RES) (C.C.P.#15-1873) Mr.Golombek now moves that the above item be Received and Filed. ADOPTED NO.2193 R.WYATT-J.ISOME&OTHERS-ROOSEVELT BLOCK CLUB REQUEST ROOSEVELT ST PAVED(UNIV) (C.C.P.#15-635) Mr.Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P.SCANLON,CHAIRMAN) NO.2194 J.SMITH,AGENT,USE 658 OHIO TO ERECT A ONE-STORY STEEL FRAME AND FABRIC ENCLOSED COMPOST BIN ACCESSORY TO A MANUFACTURING FACILITY IN THE BUFFALO RIVER COASTAL REVIEW DISTRICT(SOUTH)(DPIS) (ITEM NO.2056,C.C.P.,OCT.13,2015) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That the Common Council hereby approves the application of J.Smith,Agent,to erect a 20'X 76'one-story steel frame and fabric enclosed compost bin accessory to a manufacturing facility in an M3 zoning district,located at 658 Ohio Street in the Buffalo River Coastal Review District. PASSED AYES—9 NOES—0 NO.2195 R.KEOHANE,AGENT,USE 1238 HERTEL TO REOPEN AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT(DEL)(DPIS) (ITEM NO.2057,C.C.P.,OCT.13,2015) 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. Keohane,Agent,to reopen an existing restaurant,located at 1238 Hertel Avenue,in the Hertel Avenue Special Zoning District. PASSED AYES—9 NOES—0 NO.2196 T.RIDER,AGENT,USE 975 FUHRMANN BOULEVARD TO CONVERT AND ENLARGE AN EXISTING 6-STORY WAREHOUSE TO AN 8-STORY MIXED-USE BUILDING WITH A PENTHOUSE AND AN ATTACHED PARKING GARAGE WITH SURFACE PARKING IN THE COASTAL REVIEW DISTRICT(SOUTH)(DPIS)(ITEM NO.2058,C.C.P.,OCT.13,2015) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of T. Rider,Agent,to convert and enlarge an existing six-story warehouse to an eight-story mixed use building,with a penthouse and an attached parking garage with surface parking,located at 975 Fuhrmann Boulevard in the Coast Review District,upon the following conditions: Pending Approval by the Planning Board PASSED AYES—9 NOES—0 NO.2197 T.RIDER,AGENT,REZONE 975 FUHRMANN BOULEVARD FROM M3 TO CM-MIXED USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT(SOUTH)(DPIS) (ITEM NO.2059,C.C.P.,OCT.13,2015) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of T. Rider,Agent,to rezone 975 Fuhrmann Boulevard from a M3 to a CM- Mixed Use Residential and Commercial Development. PASSED AYES—9 NOES-0 NO.2198 ORDINANCE AMENDMENT-CHAPTER 72 AMBULANCES AND AMBULANCE DRIVERS (ITEM NO.2096,C.C.P.,OCT.13,2015) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That Chapter 72 of the Code of the City of Buffalo,as it relates to Ambulances and Ambulance Drives be amended as specified in the attached Ordinance Amendment. PASSED AYES—9 NOES—0 NO.2199 AMENDMENT CH 72.DOCX SECOND HAND DEALER-3215 BAILEY A/K/A 3221 BAILEY(UNIV)(DPIS) (ITEM NO.1372,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 Lawrence Hawkins d/b/a National Unlimited Properties Dev. LLC,to use 3215 Bailey a/k/a 3221 Bailey for a second-hand store upon the following conditions: No Selling of Appliances on Sidewalks PASSED AYES—9 NOES—0 NO.2200 EMPOWERING THE COMMISSION ON CITIZEN RIGHTS(GOLOMBEK) (CCP#15-1003 05/12) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2201 FOOD STORE LIC ENS E(NEW)(UNIV)(EDPI) (CCP#15-510 03/17) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2202 R.WHELAN-TWC RESPONSE REGARDING RECENT RATE INCREASE (CCP#15-241,2/3) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2203 K.MASSEY-CONCERNS TWCV RATE INCREASE (CCP#15-25,1/06) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2204 J.GOLOMBEK-D.FULTZ-CONCERNS FIRE PERFORMANCE VENDOR PERMIT (COP#14-1378,6/24) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2205 ZONING VARIANCE 1738 ELMWOOD(NORTH)(CC) (CCP#13-36,12/23) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2206 LL IN RELATION TO THE QUALIFICATIONS OF THE COB POLICE COMMISSIONER (#158,4/19)(CCP#12-57,1/10) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2207 INCREASING CITY REVENUES THROUGH SALE OF ADVERTISING SPACE(EXC FINAL RES) (CCP#11/66,5/31) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2208 RESTAURANT DANCE CLASS LICENSE(RENEWAL)-3053 MAIN(UNIV)(DPIS) (ITEMNO.44,C.C.P.,APR.2,2015) Mr.Scanlon moved: That the above item be,and the same hereby is returned to the Common Council with a recommendation for denial; That the Common Council hereby denies the application of Towffeek Ghilan Ali d/b/a South Park Pizza&Grocery,located at 1727 South Park. DENIED. AYES—9 NOES-0 RESOLUTIONS NO.2209 BY: MR.FEROLETO ORDINANCE AMENDMENT CHAPTER 154,DISCRIMINATION,ARTICLE IV,FAIR HOUSING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154,Article IV, FAIR HOUSING of the Code of the City of Buffalo be amended to read as follows: Chapter 154. Discrimination Article IV. Fair Housing §154-12. LEGISLATIVE INTENT. It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods.The City finds it necessary to protect the rights of its citizens to equal access to housing,which will help prevent the decline in property values yet ensure housing choices for all residents. §154-13. DEFINITIONS. As used in this article,the following terms shall have the meanings indicated: ADVERTISING Printing, circulating, placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which maintains a referral list of available housing. DISABILITY kaJA physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function, which substantially limits one or more major life activities; or is demonstrable by medically accepted clinical or laboratory diagnostic technique or(b)a record of having such an impairment; or a condition regarded by others as such an impairment;or an association with a person with such an impairment. MAJOR LIFE ACTIVITIES For purposes of this section, include, but are not limited to,caring for oneself,performing manual tasks,seeing,hearing,eating,sleeping, walking,standing,lifting,bending,speaking,breathing,learning,reading,concentrating,thinking,communicating,and Working. Major life activities also include the operation of a bodily function, including but not limited to,functions of the immune system, normal cell growth,digestive,bowel,bladder,neurological,brain,respiratory.circulatory,endocrine,and reproductive functions. THERAPY DOG OR CAT Any dog or cat that is trained to aid the emotional and physical health of patients in hospitals,nursing homes,retirement homes,personal residences,and other settings and is actually used for such purpose,or any dog or cat during the period such dog or cat is being trained or bred for such purpose. FAMILIAL STATUS Any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of 18 years;or one or more individuals who have not attained the age of 18 years domiciled with a parent or another person having legal custody of such individual or the designee thereof. GENDER IDENTITY AND EXPRESSION Include a person's actual or perceived gender, as well as a person's gender identity, self-image, appearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different from that traditionally associated with the person's sex at birth. HOUSING ACCOMMODATION Any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home,residence,or sleeping place of one or more persons sharing living quarters. LANDLORD An owner, lessor, sub lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed,or to be constructed,or any agent or employee thereof. MARITAL STATUS Single,married,divorced,separated or widowed. MILITARY STATUS A person's participation in the United States military or the military of a state. NATIONAL ORIGIN Ancestry. PERSON One or more individuals,partnerships,associations,corporations,their agents,assigns and representatives. RENT To lease or sublease,to let or to otherwise grant for a consideration the right to occupy a premises not owned by the occupant. SEXUAL ORIENTATION A person's actual or perceived homosexuality,heterosexuality,or bisexuality. SOURCE OF INCOME Payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such as Section 8 or other housing subsidies. §154-14. RIGHTS OF LANDLORDS. This article does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: A.The person's source of income is unstable,or insufficient to pay the rent,or the source of said income is from an unlawful source;or B.The tenant has been unable to make timely rental payments in all or part of the preceding 18 months;or C. The person has been the source of past complaints from neighbors in all or part of the preceding 18 months, except where those complaints can be reasonably attributed to harassment or discriminatory intent;or D.The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law;or E. For any other reason not prohibited by the laws of the United States,the State of New York or the discriminatory practices set forth in this article, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. §154-15. PROMOTION OF FAIR HOUSING GOALS. Within 120 days of the effective date of this article, all landlords owning more than 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo selling more than 20 residential housing accommodations within a calendar year,shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials and to display in rental or real estate offices a public notice of equal opportunity in housing. §154-16. NOTIFICATION TO MULTIPLE DWELLING OWNERS. Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code§ 129-6 shall also complete a certification before said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo and has received a copy of said ordinance.The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance. §154-17. UNLAWFUL DISCRIMINATORY PRACTICES. It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following: A. Refuse to sell, rent, lease, make unavailable for inspection,sale or rental,or otherwise to deny or withhold from any person or persons housing accommodation because of race,creed,color, national origin,sex,disability or reliance upon a therapy dog or cat,familial status, marital status,age,sexual orientation,gender identity and expression,military status or source of income. B. Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. C. To print or circulate or cause to be printed or circulated any statement,advertisement or publication,or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses,directly or indirectly,any limitation,specification or discrimination as to race, creed, color, national origin, sex, disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation,gender identity and expression,military status or source of income. D. To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. E. Refusal to permit,at the expense of a person with disabilities,reasonable modifications of existing premises,if such modifications may be necessary to afford such person full enjoyment of the housing accommodation,and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with disabilities equal opportunity to use and enjoy the housing accommodation. F. To deny access or otherwise to discriminate against a blind person, a hearing impaired person or a person with another disability, because he or she is accompanied by a dog that has been trained to work or perform specific tasks for the benefit of such person by a professional guide dog, hearing dog or service dog training center or professional guide dog, hearing dog or service dog trainer, or to discriminate against such professional guide dog, hearing dog or service dog trainer engaged in such training of a dog for use by a person with a disability,whether or not accompanied by the person for whom the dog is being trained.This section shall apply regardless of breed,or any other type of therapy dog or cat. G. To incite, compel or coerce the doing of any acts forbidden by this article, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this article. [G.] H. For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race,creed,color, national origin,sex,disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation, gender identity and expression, military status or lawful source of income. §154-18. EXEMPTIONS. The provisions of this article shall apply to all housing accommodations within the City of Buffalo as well as land zoned for residential uses except the following: A. The rental of a housing accommodation on a parcel that contains housing accommodations for not more than three households living independently, if the owner resides in one of the dwelling units,or the rental of a housing accommodation on a parcel that contains more than one residential dwelling in which no dwelling is for more than three households or less living independently, if the owner resides in one of the dwelling units; B.The restriction of the rental of rooms in a housing accommodation to persons of the same sex; C.The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice;and D. Restriction of the sale,rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status only. §154-19. ENFORCEMENT. A.The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and/or refer complaints under this article to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. B. Any person or organization,whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this article within one year from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. C. The Fair Housing Officer shall notify the accused party within 30 days of the date of the filing of the complaint and request the accused party to answer the complaint in writing within 20 days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. D. If, in the judgment of the Fair Housing Officer,a conciliation agreement would satisfactorily resolve the complaint,he/she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory practices and may include such compensation and/or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. E. Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this article and shall refer the matter as detailed in§154-20 below. §154-20. PENALTIES FOR OFFENSES. A. Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may: (1)Request the Corporation Counsel to file an action against the accused party,in a court of competent jurisdiction,seeking the imposition of the following penalties: (a)A fine not exceeding$1,500 for each offense,with each act of discrimination being considered a separate offense;and/or (b) Revocation or suspension of any license or permit issued by the City of Buffalo necessary to the operation of the housing accommodation(s)in question,and any other equitable relief necessary to effect the purposes of this article;and/or (c)All costs,expenses and disbursements incurred by the City of Buffalo in effecting compliance with this article;and/or (d)Such other relief directed by a court of appropriate jurisdiction;and/or (2) Request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this article. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. B.The Corporation Counsel may seek a contempt order from a court of appropriate jurisdiction,if necessary,to enforce a conciliation agreement or penalties imposed under this article. C. The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this article. In any such action or proceeding, the court, in its discretion, may allow for the party commencing such action or proceeding,if such party prevails,a reasonable attorney's fee as part of the costs. §154-21.ANNUAL REPORT. The Fair Housing Officer shall prepare an annual report detailing the work performed, including a statistical analysis of the caseload, a summary of dispositions of complaints filed and/or referred to housing agencies,and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than March 1 of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights,the Attorney General of the State of New York,and the Secretary of the United States Department of Housing and Urban Development. §154-22.OTHER REMEDIES. Nothing in this article shall limit or abridge the right of a complainant to pursue any other remedies that may be available under the laws of the State of New York,the United States or any other applicable jurisdiction. §154-23.CONSTRUCTION OF PROVISIONS. Nothing in this article shall be construed to invalidate or limit any law of the State of New York,the United States or any other jurisdiction that grants,guarantees or protects the same rights that are granted,guaranteed or protected by this article. §154-24.SEVERABILITY. If any part of this article shall,for any reason,be adjudged by a court of competent jurisdiction to be invalid,such judgment shall not impair or invalidate the remainder of this article. Section 1 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 2 It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo,that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN MAYOR APPROVED AS TO FORM ONLY: Timothy A. Ball CORPORATION COUNSEL NOTE:Matter underlined is new,matter in brackets is to be deleted. PASSED AYES—9 NOES-0 NO.2210 BY COUNCIL MEMBER FONTANA EXPLORING OPTIONS IN CONNECTED HEALTHCARE FOR CITY EMPLOYEES Whereas,the signing of the Affordable Care Act has allowed millions of Americans to gain access to healthcare systems,but many still struggle with medical bills and the challenge of physically getting to hospitals or clinics; Whereas,connected healthcare,also called telemedicine,traditionally defined as the provision of medical care remotely by means of telecommunication technology,can overcome geographic and socioeconomic barriers while reducing costs; Whereas,government agencies across the country are researching and amending policy to capitalize on the potential benefits of this technological advance;and Whereas,with convenient and cost effective ways to administer healthcare and reduce costs for physicians and patients in Western New York,The City of Buffalo has an interest in exploring new benefits for its employees: Now,Therefore Be It Resolved that The City of Buffalo Common Council- 1)Supports initiatives to leverage technology in providing quality affordable healthcare in WNY; 2) Requests Department of Human Resources to explore policies that cover connected health and report to the Common Council with assessments and recommendations no later than January 19,2016;and 3) Directs Council staff to forward copies of this resolution to The City of Buffalo Department of Human Resources, NYS Sen. Tim Kennedy,and NYS Assm.Crystal Peoples-Stokes. ADOPTED NO.2211 BY: MR.FONTANA TRANSFER OF FUNDS-COUNCILM EMBER 8 That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be transferred and reappropriated as set forth below: From 101002001-412002 Legislative-Hourly $4,000 To: 10109004-458001 Councilmember Wyatt—Transportation $2,000 10109004-458002 Councilmember Wyatt-Meals&Lodging $1,500 10109004-458003 Councilmember Wyatt-Registration&Membership $500 PASSED AYES—9 NOES—0 NO.2212 BY: MR.FRANCZYK RE:SUPPORT NEW YORK STATE FORECLOSURE BILLS WHEREAS: Blighted,dilapidated properties have long been a burden on the City of Buffalo and its neighborhoods;and, WHEREAS:Over the decades the city has had to devote a tremendous amount of resources combating this corrosive problem;and, WHEREAS:Assemblyman Michael P. Kearns introduced Assembly Bills A4152-2015 and A4842-2015,which aim to greatly accelerate the laborious and lengthy process for lien holders, primarily large banks, to complete the foreclosure process in an expeditious and efficient manner and correspondingly upkeep the foreclosed property;and, WHEREAS: Currently, many of these banks choose not to speedily proceed with foreclosure, allowing potentially viable properties to languish in limbo-like fashion,subjecting them to deterioration and dilapidation;and, WHEREAS:This failure to foreclose leaves so-called"ghost'or"zombie"properties to languish throughout city neighborhoods and the county;and WHEREAS:At present there are 122"ghost'or"zombie"non-foreclosed bank properties in Buffalo;and, WHEREAS: Unfortunately, families who owned these houses think they must speedily vacate the property, not knowing that they may reside there until the foreclosure process is initiated and completed,but is not;and, WHEREAS:Assembly Bill A4152-2015 is aimed at demanding the responsibility of the foreclosure plaintiff, usually a major bank lender holding the mortgage, to maintain the home in good condition until the foreclosure process is completed or the property is transferred; and, WHEREAS: In addition to property upkeep,the bill requires the bank or lender to disclose contact information for the employee or agent responsible for the maintenance of the foreclosed property; NOW THEREFORE BE IT RESOLED: That the Common Council supports Assembly Bills 4152-2015 and 4842-2015 and requests the New York State Legislature to do the same; BE IT FURTHER RESOLVED: That certified copies of this resolution be sent to the Western New York Delegation for the New York State Senate and Assembly,the Governor of New York State and all relevant parties. ADOPTED NO.2213 BY COUNCIL PRESIDENT PRIDGEN ESTABLISHING THE REGISTERED SEX OFFENDER AWARENESS COMMITTEE Whereas,sexually based crimes have severe long-lasting psychological,physical,and economic effects on our community and its citizens; Whereas,these crimes concern every citizen in Buffalo because assaults can cross all demographic divisions; Whereas,our current system of sex offender registry is a passive system that leaves many in the community ill-informed of sex offender whereabouts; Whereas,there is also no unified solution to provide the education and awareness of sex crimes that could prevent such tragic events in the future;and Whereas,The City of Buffalo has a responsibility to provide safe neighborhoods for residents and has a strong interest in keeping citizens informed: Now,Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Establishes the Registered Sex Offender Awareness Committee, which will be an ad hoc committee to analyze and recommend solutions that could improve sex offender registry notifications within The City of Buffalo. ADOPTED NO.2214 BY COUNCIL PRESIDENT PRIDGEN LAKEFRONT VILLAGE LIGHTING STUDY Whereas,proper street lighting is a symbol of community investment,which leads to residents taking pride in their neighborhood and an increase in area use by pedestrians at night; Whereas,increased street usage and better visibility may heighten possibilities for informal surveillance and security; Whereas,good street lighting is an improvement to neighborhoods that can be an effective inexpensive method of crime reduction by forcing crimes to involve more effort,more risk,and lower rewards;and Whereas,through the Streets Division of the Department of Public Works(DPW),The City of Buffalo has a goal of ensuring the safety of The City's residential neighborhoods and commercial areas with sufficient street lighting: Now,Therefore Be It Resolved that The City of Buffalo Common Council--- 1) Requests DPW to evaluate the Street Lighting of the Lakefront Village; 2) Requests DPW to respond with a written report on their findings and recommendations to improve the night-time visibility of the Lakefront Village;and 3)Directs Council Staff to forward copies of this resolution to the Commissioner of DPW. ADOPTED NO.2215 BY:COUNCIL MEMBER WINGO,SR SUPPORT FOR LEAD PREVENTION WEEK 2015 Whereas,lead poisoning,caused by exposure to the harmful metal found in the dust,air,water,soil,and some products used in and around older homes,affects nearly 4 million households; Whereas,lead poisoning can affect people at any age,it is particularly harmful to children affecting their growth,behavior,and ability to learn; Whereas,communities across New York State have made great progress towards lead poisoning awareness and prevention; Whereas,sustaining the progress towards making healthier homes in our communities requires continued advocacy and promulgation of the Department of Health's programs,plans,and laws;and Whereas,a major effort towards advocating the health of our community will take place during the week of October 25,2015 with National Lead Poisoning Prevention Week 2015: Now,Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Supports United States Environmental Protection Agency's National Lead Poisoning Prevention Week 2015, observed from October 25 to 31,2015,as a beneficial public service that can improve the lives of our citizens;and 2)Calls on The City of Buffalo residents to contact their Council Member District offices for more information on lead poisoning prevention. ADOPTED NO.2216 BY COUNCIL MEMBER RASHEED N.C.WYATT EXTEND THE UNIVERSITY DISTRICT'S COMMERCIAL BUSINESS DISTRICT BOUNDARIES the area of Bailey Avenue bounded on the north by the center line of Winspear Avenue and on the south by the center line of Kensington Expressway,and the area of Kensington Avenue bounded on the west by the center line of Parkridge and Northumberland Avenue on the east by the center line of Eggert Road is identified as special zoning district for Kensington-Bailey Business District;and Whereas,extending the boundaries of the Kensington-Bailey District to encompass commercial business corridors within the University District would further improve the stability and continued visibility and vitality of a sound residential,commercial and cultural areas as it was intended legislatively by the Common Council;and this extension of boundaries would allow for all permitted uses to come before the Common Council,and be brought to the attention of the community at large in the surrounding neighborhoods and community to give them the opportunity to be informed and therefore empowered as advocates to express concerns and comments;and Whereas,on October 15,2015 a public meeting was held on extending the commercial business district boundaries in the University District whereby community stakeholders including block club leaders,business representatives and organizations attended to make comments: Now,Therefore, Be It Resolved that The City of Buffalo Common Council-- 1)Submit this resolution to the Department of Public Works, Department of Permits and Inspections, Department of Law,Office of Strategic Planning and Mayor's Office. 2)These Departments are to conduct an investigation to expand the commercial business corridor districts to the boundaries that encompass the University District boundaries and provide a written response within 90 days 3)The Law Department in conjunction with the Office of Strategic Planning and other City Departments as necessary to update the boundaries regarding expansion of the Special District to include the University District in its entirety to ensure that the community is empowered in the decision approval process regarding business licensing. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2217 BY: RASHEED N.C.WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s)are hereby appointed as Commissioner of Deeds for the term ending December 31,2016,conditional upon the person(s)so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Catherine Amdur Tabitha Fields Jill Gilmour John G. Heitzhaus Nina Maria Jack Carrie La Macchia Laura Mulhern Jeanne M, Pinto Timothy D, Richards Total:9 ADOPTED: NO.2218 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13`h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wednesday, November 4,2015 at 9:45 o'clock am Committee on Finance Wednesday November 4,2015 at 10:00 o'clock am following Civil Service Committee on Comm. Dev. Wednesday, November 4,2015 at 1:00 o'clock pm Committee on Legislation Wednesday, November 4,2015 at 2:00 o'clock pm Special Meetings Committee on Claims Thursday, November 5,2015 at 11:00 o'clock am (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 2219 ADJOURNMENT On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 2:34 PM GERALD A.CHWALINSKI CITY CLERK