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16-0329
NO. 7 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 29, 2016 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 DATE March 29, 2016 FINAL Roll Call Pledge of Allegiance Invocation 684- 1. Felicitation/in Memoriam ADOPT MAYOR 685- 1A. Appointment of Executive Director Commission on Citizens' Rights & Community Relations(Morrisroe) CS MAYOR-EXECUTIVE 686- 2. Strat Plan-Annual Action Plan Year 2016-2017(Informational) R&F 687- 3. Strat Plan-Lease Agreement Btwn COB & SBCA, Inc for Use of Portion of 24 Ludington(Lov) APP 688- 4. Strat Plan-Report of Sale-1l, 28 & 30 Arnold(Nia) APP 689- 5. Strat Plan-Report of Sale-522, 524, 530, 534, 536 & 538 Carlton(Ell) CD 690- 6. Strat Plan-Report of Sale-171 Dodge(Ell) APP 691- 7. Strat Plan-Report of Sale-95 Eaton(Ell) APP 692- 8. Strat Plan-Report of Sale-233 Fougeron(Fill) APP 693- 9. Strat Plan-Report of Sale-36 Longnecker(Lov) APP 694- 10. Strat Plan-Report of Sale-51 Norway(Ell) CD 695- 11. Strat Plan-Report of Sale-19 Sherwood(Nia) APP 696- 12. Strat Plan-Report of Sale-681 S. Division, 22 Seymour(Fill) CD 697- 13. Strat Plan-Rescind Sale & Refund Deposit-369 E. Utica(Ell) APP 698- 14. Strat Plan-Urban Homestead Program-Revised List of Eligible Properties CD COMPTROLLER 699- 15. Certificate of Necessity-Transfer in Funds-Building & Fleet Maint R&F 700- 16. BMHA Claims Debt Forgiveness Without City Approval of Knowledge FIN 701- 17. Bond Account Closeouts APP 702- 18. Interfund Cash Loan-Buffalo Streetscape I Capital APP COUNCIL PRESIDENT 703- 18A. Request for Detailed Report on BMHA Money Owed to The City FIN 704- 18B. Request for Information on Money Owed FIN PUBLIC WORKS 705- 19. Change in Contract-Erie Basin Marina-The Hatch Phase II(Fill) APP 706- 20. Notice of Contract Time Extension-W. Ferry Bridge Rehab(Nia) APP 707- 21. Permission to Dispose/Auction/Scrap COB LVT Machines & Bridge Counter Weight Material FIN 708- 22. Permission to Enter Project Partnership Agmt With US Army Corps of Engineers Bflo River-204 Beneficial APP 709- 23. Permission to Hire Consultant-Flynn Battaglia Architects-Naval Park Hangar Bldg Expansion APP 710- 24. Permission to Hire Eng Consultant & Enter Agmt-Streetscape Improvements Along Seneca St(Fill) APP 711- 25. Permission to Increase Consultant Contract for Parkside Ave at Florence(Del) APP 712- 26. Report of Bids-City-Wide Mill & Overlay APP 713- 27. Report of Bids-Hennepin Park CC Public Facilities Improvements(Lov) APP 714- 28. Report of Bids-Pratt Willert CC Public Facilities Improvements APP 715- 29. Request for Authorization to Accept Donation of Supplies Materials & Services For Parks & Recreation Operated Youth Centers APP 716- 30. Request Authorization of Little League Football Rules as Condition of Parks Use Permit LEG 717- 31. Street Canopy Within City ROW-250 Delaware(Ell) APP 718- 32. Appoint Associate Account Clerk(Inter)(Perm)(Cascio) CS 719- 33. Appoint Dog Control Officer(Inter)(Prov)(Gorski) CS 720- 34. Appoint Supervisor of Street Sanitation I (Inter)(Perm)(Lombardo) CS 721- 35. Appoint Supervisor of Street Sanitation I(Max)(Perm)(Maund, Witek) CS POLICE 722- 36. Second Donation From Hyde Foundation-Purchase of Canine APP 723- 37. Appoint Police Captain(Perm)(Joyce) CS FIRE 724- 38. Dispose of Old Fire Vehicles(Suburban, Expedition) APP 725- 39. Purchase PPE Bailout System APP PERMITS AND INSPECTIONS 726- 40. Food Store License(New)-1054 Broadway(Fill) LEG 727- 41. Food Store License(New)-529 Dodge(Ell) LEG 728- 42. Public Dance Hall-341 Delaware(New)(Ell) LEG 729- 43. Property Manager License 499 Franklin St Suite#8 LEG 730- 44. Used Car Dealer-2619 Bailey(Univ) LEG 731- 45. Appoint Building Inspector (Inter)(Perm)(Mazzone) CS ADMINISTRATION AND FINANCE 732- 46. In Rem No 50-Volume 1 & 2 R&F 733- 47. Waiver of Performance Bond FIN 734- 48. Appoint Junior Collection Officer(Max)(Perm)(Gerald) CS HUMAN RESOURCES 735- 48A Administrative Service Agreement Btwn Group Health Inc & COB FIN CITY CLERK 736- 49. Items returned by Mayor without Approval/Disapproval-03/01/16 R&F 737- 50. Liquor License Applications R&F 738- 51. Leaves of Absence R&F 739- 52. Notice of Appointment-Council Interns ADOPT 740- 52A. Notice of Appointment-Council Interns ADOPT 741- 53. Notices of Appointment-Seasonal R&F 742- 54. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 743- 55. D. Cress & Others-Comments Green Code R&F 744- 56. J. Curry-MWBE Task Force Recommendations CD 745- 57. DEC-Brownfield Cleanup Program-1360 Niagara Located st 1336,1340 and 1360 Niagara R&F 746- 58. DOT-T. Messana,PE-Request for Review of Traffic Conditions Route 33 CD 747- 59. D. Franczyk-T. Tielman-Concerns Properties at 110 S. Park& 118 S. Park_ PRES COMM 748- 60. J. Golombek-W. Yuhnke-Re Assistance in Providing Better Service to the Disabled TAXICAB 749- 61. HSR-Airport Permit Modifications for Kaleida Health's Children's Hospital's Helipad APP 750- 62 K. Lee-Request an Emergency Sex Offender Task Force Meeting to Consider Information to Amend Submitted Recommendations ADOPT 751- 62A R. Wyatt-Univ Food Store Licenses That were Approved W/COnditions LEG,EDPI 752- 62B V. Ferraccio- Denial of Food Store License-529 Dodge(Ell) LEG,CC 753- 62C R. Fontana-Deny Food Store 241 Ludington(Lov) LEG,CC PETITIONS 754- 63. J. Reinhart, Agent, Use 742 Delaware for a Ground Sign in a R5 Zoning District(Ell)(hrg4/5) LEG,CPBD,ZONING 755- 64. D. Gagiardo, Owner, Use 535 Main for Outdoor Patio in the Downtown Opportunity Zoning District(hrg 4/5)(Ell) LEG,CPBD 756- 65. P. Johnson, Owner, Use 3172 Bailey to Open a Take Out Restaurant in the Kensington/Bailey Special District(hrg 4/5)(Univ) LEG,CPBD RESOLUTIONS 790- 66. Feroleto Waive Permit Fees-Parkside Summer Arts Program APP 791- 67. Feroleto Waive Permit Fees for Olmsted School Foundation's Fun Walk APP 792- 68. Fontana Transfer of Funds-Building & Fleet Maint APP 793- 69. Franczyk Repair Condition of Clinton Street ADOPT RES'S REM TO CD,PW 794- 69A. Golombek Fee Waiver for Fenian 150 APP 795- 70. Golombek Waive Special Event and Tent Permit Fees-Bflo Cherry Blossom Festival APP 796- 71. Rivera Recognizing Flag of Republic of Vietnam the Official Symbol of the Vietnamese American Community ADOPT 797- 72. Rivera Permission to Hang Pride Flags on Portion of Elmwood APP 798- 73. Rivera Waiver of Fees West Side Community Cleanup APP 799- 74. Scanlon Adopt the EC of NY Multi Jurisdictional Hazard Mitigation Plan ADOPT 800- 74A. Scanlon Home Rule Request to Pass Assembly Bill A.7895A, "An Act in Relation to Authorizing Sean William McCabe to File a Req for Change of Benefit Coverage with NYS and Local Police and Fire Retirement System" ADOPT 801- 74B. Scanlon Home Rule Request to Pass Senate Bill S.3528A, "An Act In Relation to Authorizing Sean William McCabe to File a Req for Change of Benefit Coverage with the NYS and Local Police and Fire Retirement System" ADOPT 802- 75. Wyatt Waive Special Event Fees/Permit Fees-University United Festival APP 803- 76. Wyatt Comm of Deeds-Public Duties ADOPT 804- 77 Wyatt Comm of Deeds ADOPT District Announcements Adjournment SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 757- 1. 16-548 Com Mar 15 Appoint Judicial Hearing Officer(Sconiers)( Traf Vio) APP 758- 2. 16-574 Com Mar 15 Appoint Spec Assist to Commissioner(Exempt)(Rizzo)(PW) APP 759- 3. 16-575 Com Mar 15 Appoint Supervisor of Street Sanitationl (P erm)(Inter)(Hupkowicz)(PW) APP 760- 4. 16-577 Com Mar 15 Appoint Police Captain(Cont Perm)(Testa)(Pol) APP 761- 5. 16-578 Com Mar 15 Appoint Police Inspector(Perm)(Baranski)(Pol) APP 762- 6. 16-579 Com Mar 15 Appoint Police Inspector(Cont Perm)(Blake)(Pol) APP 763- 7. 16-580 Com Mar 15 Appoint Police Lieutenant(Cont Perm)(Daniels, Rak)(Pol) APP 764- 8. 16-581 Com Mar 15 Appoint Police Lieutenant(Perm)(Leone)(Pol) APP 765- 9. 16-596 Com Mar 15 Appoint Clerk(Perm)(2"d Step)(Spencer)(EDPI) APP 766- 10. 16-600 Com Mar 15Appoint Associate Account Clerk(Perm)(Inter)(Barnes)(Pkg) APP 767- 11. 16-607 Com Mar 15Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 768- 12. 16-554 Corn Mar 15 Refund Resulting from Audit of Street Light and Electricity Accts(Compt) R&F 769- 13. 16-573 Corn Mar 15 Trade in of Vehicle-International Dump Truck(PW) APP 770- 14. 16-576 Corn Mar 15 Armed Guard Services for City Hall(Pol) APP W/COND 771- 15. 16-675 Res Mar 15 Denial of Level 3 Application for Correction of Multiple Parcel Errors on Form RP556-b(Scanlon) APP 772- 16. 16-501 Corn Mar 1 Report on Emergency Rehabilitation Loan Program(Compt)(# 174,2/2) R&F 773- 17. 15-624 No Mar 31 P. Burke-EC Leg-Municipal Broadband Network R&F 774- 18. 15-395 Corn Mar 3 Letter to National Grid Re: Street Light and Electricity Accounts(Comp) R&F COMMUNITY DEVELOPMENT 775- 19. 16-546 Com Mar 15 Amend to 2015-16 Annual Action Plan&Prior Yr Annual Action Plan(Strat Plan) APP 776- 20. 16-487 No Mar 1 U. Wingo, Sr-Concerns Reg The Relocation of Tapestry Charter School R&F 777- 21. 16-488 No Mar 1 U. Wingo, Sr-N. Soto-PB Update R&F 778- 22. 15-2556 No Dec 22 U. Wingo, Sr-Dr. C. Breem-Letter of Concern Re Stop Sign Request R&F LEGISLATION 779- 23. 16-584 Com Mar 15 Food Store License(New)-475 Fargo(Nia)(EDPI) R&F 780- 24. 16-586 Com Mar 15 Food Store License(New)-1059 Grant(North)(EDPI) APP 781- 25. 16-587 Com Mar 15 Food Store License(New)-289 Hamburg(Fill)(EDPI) APP W/COND 782- 26. 16-616 No Mar 15 M. Sciortino, Owner, Use 1518 Hertel-Restaurant with New Tenant w/Outdoor Café in The Hertel Avenue Special District(Del)(Hrg 3/22) APP 783- 27. 16-618 No Mar 15 A. Jacobi, Owner, Use 141 Abbott to Re-Establish Restaurant in the Abbott/McKinley Special Zoning District(South)(Hrg 3/22) APP 784- 28. 16-620 No Mar 15 T. Ferro, Agent, Use 1669 Hertel aka 1673 Hertel to Convert a Portion of an Existing Restaurant to a Liquor Store in the Hertel Ave Special Zoning District(Del)(Hrg 3/22) APP 785- 29. 16-621 No Mar 15 D. Scouras, Owner, Use 186 Allen to Place an Outdoor Café in the Allen St Special Zoning District(Fill)(Hrg 3/22) APP 786- 30. 16-622 No Mar 15 J. Popiela, Agent, Use 2 Nottingham to Place an LED Ground Sign(Del)(no hrg) APP 787- 31. 16-347 No Feb 16 D. Wilcox, Agent, Use 601 Main St for Signage at Holiday Inn Express(Ell)(Hrg 2/23) APP 788- 32. 16-87 Com Jan 19 2016 Food Store License Renewals(EDPI) APP W/COND 789- 33. 16-109 No Jan 19 J. Golombek-Rural Metro Response to Accident R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL-BUFFALO TUESDAY MARCH 29,2016 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 March 15,2016 were approved NO.684 IN MEMORIAM Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Dr. Rory James Howard By Councilmember Pridgen In Memoriam for Crystal Jordan By Councilmember Wingo,Sr. In Memoriam for Deloris Lillard By Councilmember Wyatt In Memoriam for Mabelene Thompson Wright By Councilmember Wyatt In Memoriam for Paul Kearns By Councilmember Scanlon In Memoriam for All Service Men&Women and Civilians around the World with the Current Crisis By Councilmember Pridgen ADOPTED FROM THE MAYOR NO.685 APPOINTMENT OF RICHARD J.MORRISROE,ESQ.EXECUTIVE DIRECTOR COMMISSION ON CITIZENS'RIGHTS&COMMUNITY RELATIONS Attached please find a copy of a letter my office received on March 16,2016 regarding the Commission on Citizens'Rights&Community Relations appointment of Richard J.Morrisroe, Esq.to serve as the Executive Director. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO.686 INFORMATIONAL FILING REGARDING ANNUAL ACTION PLAN YEAR 2016-2017 Attached for your Honorable Body's consideration is: (1)Proposed timeline of the Annual Action Plan process-See calendar (2)Added detail of the timeline as outlined in the Annual Action Plan-See Schedule (3)Important dates to note: Public Formulation Hearing: Date: Thursday,March 31,2016 Time: 6:00 p.m.-7:30 p.m. Location: JFK Recreational Center 114 Hickory Street Review Hearing: Date: Wednesday,June 29,2016 Time: 6:00 p.m.-7:30 p.m. Location: Delavan-Grider Community Center Mayor AAP submission to Council: Date: Tuesday,May 24,2016 Council Workshop: Date: Tuesday,May 31,2016 The Annual Action Plan and amendments thereto distribute federal funding under four entitlement programs:Community Development Block Grant (CDBG), HOME Investment Partnerships(HOME), Emergency Solutions Grant(ESG),and Housing Opportunities for Persons With AIDS(HOPWA). The plan identifies projects that address critical needs in housing,neighborhood revitalization,economic development,and public services for low-and moderate-income households and communities RECEVIED AND FILED NO.687 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE SENECA BABCOCK COMMUNITY ASSOCIATION,INC.FOR USE OF A PORTION OF 24LUDINGTON STREET(A.K.A.HENNEPIN PARK COMMUNITY CENTER) The Office of Strategic Planning, Division of Real Estate,received a request from Brian Pilarski, Executive Director of the Seneca Babcock Community Association, Inc.to enter into a lease for the use of a portion of 24 Ludington Street(a.k.a. Hennepin Park Community Center).The request was referred to the Department of Public Works.The Department of Public Works negotiated a lease to include but not be limited to the following terms and conditions: 1.The lease shall be for a term of five(5)years to commence on the day Seneca Babcock takes occupancy. 2.Seneca Babcock shall have use of 13,075.62 square feet of space. 3.The annual rental shall be One Dollar per year. 4. Utilities shall be pro-rated based upon square footage. 5.Seneca Babcock will pay for the costs of all telephones,telephone service,permits and fees associated with its use of the premises. 6.Seneca Babcock shall have exclusive use of five(5)parking spaces. 7.Seneca Babcock shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition. 8.The City shall be responsible for bondable capital improvements which shall beemed as those structural in nature and affecting the use of the premises and or permanent fixtures thereon in a significant manner,both to the exterior and interior of the premises. 9.The City shall be responsible for repairs and maintenance of the elevator. 10.Seneca Babcock shall be responsible for cleaning outside grounds and sidewalks including but not limited to,snow removal. 11.The City shall be responsible for snow plowing of parking lot and grass cutting. 12. Either party may terminate the lease upon thirty(30)days written notice served personally or by certified mail. 13.Seneca Babcock shall notify the City in writing,through the Director of Real Estate,of its intention to extend this lease,no later than sixty(60)days prior to the expiration of the lease term. 14.Seneca Babcock shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises. 15.Seneca Babcock shall provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said policy with minimal limits in the amount of One Million Dollars($1,000,000.00)per occurrence,Two Million Dollars($2,000,000.00)aggregate. This office recommends that Your Honorable Body approve a new lease agreement between the City of Buffalo and the Seneca Babcock Community Association, Inc.for the use of a Portion of 24 Ludington a.k.a.the Hennepin Park Community Center to include but not limited to the above terms and conditions. I am also requesting that Your Honorable Body authorize the Corporation Counsel to prepare said lease agreement and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to enter into a lease agreement with Brian Pilarski, Executive Director of the Seneca Babcock Community Association, Inc.to use a portion of 24 Ludington Street a/k/a Hennepin Park Community Center upon the following conditions: 1.That the lease shall be for a term of five(5)years to commence on the day Seneca Babcock takes occupancy 2.Seneca Babcock shall have use of 13,075.62 square feet of space 3.The annual rental shall be One Dollar($1.00)per year 4. Utilities shall be pro-rated based upon square footage 5.Seneca Babcock will pay for the costs of all telephones,telephone service,permits and fees associated with its use of the premises 6.Seneca Babcock shall have exclusive use of five(5)parking spaces 7.Seneca Babcock shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition 8.The City shall be responsible for bondable capital improvements which shall be deemed as those structural in nature and affecting the use of the premises and/or permanent fixtures thereon in a significant manner,both to the exterior and interior of the premises 9.The City shall be responsible for repairs and maintenance of the elevator 10.Seneca Babcock shall be responsible for cleaning outside grounds and sidewalks,including but not limited to,snow removal 11.The City shall be responsible for snow plowing of parking lot and grass 12. Either party may terminate the lease upon thirty(30)days written notice served personally or by certified mail 13.Seneca Babcock shall notify the City in writing,through the Director of Real Estate,of its intension to extend this lease,no later than sixty(60)days prior to the expiration of the lease term 14.Seneca Babcock shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises 15.Seneca Babcock shall provide with City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as additional insured on said policy with minimal limits in the amount of One Million Dollars($1,000,000.00)per occurrence,Two Million Dollars($2,000,000.00)aggregate. That the Common Council hereby authorizes the Corporation Counsel to prepare said lease agreement,and that the Common Council hereby authorizes the Mayor to execute the same. PASSED AYES 9, NOES 0 NO.688 REPORT OF SALE-11,28 AND 30 ARNOLD(NIA)(STRAT PLAN) Report of Sale 11 Arnold-Vacant Lot 90 E Grant Lot Size:30'x 105'Assessed Value:$4,000(Niagara District) Report of Sale 28 Arnold-Vacant Lot 255 E Grant Lot Size:30'x 105'Assessed Value:$4,000(Niagara District) Report of Sale 30 Arnold-Vacant Lot 233 W Parkdale Lot Size:30'x 105'Assessed Value:$4,400(Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Paul Aswad,7703 Niagara Falls Blvd, Niagara Falls, N.Y., 14304 to purchase 11,28,and 30 Arnold Street.Mr.Aswad would like to purchase 11 Arnold to create parking for his commercial property at 65 Grant. He is requesting 28 and 30 Arnold for temporary construction staging during the rehab of 65 Grant and eventually use the lots to construct a duplex.Mr.Aswad has provided sufficient proof of finances to purchase the properties and construct the proposed housing. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents($.80)to Two Dollars($2.00)per square foot. Mr.Aswad has agreed and is prepared to pay Sixteen Thousand Five Hundred Dollars($16,500),for the above referenced properties. I am recommending that Your Honorable Body approve the sale of 11,28,and 30 Arnold Street in the amount of Sixteen Thousand Five Hundred Dollars ($16,500)on condition: 1.The subject property will not transfer 28 and 30 Arnold until Paul Aswad receives Planning and Zoning Board approvals prior to transfer 2. Paul Aswad agrees to accept title in"as is condition" 3.Mr.Aswad agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees. 4.Mr.Aswad agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 7,2016,be received and filed; That the offer from Patti Aswad of 7703 Niagara Falls Blvd., Niagara Falls, New York 14304,in the amount of Sixteen Thousand Five Hundred Dollars ($16,500.00)for the purchase of 11 Arnold,28 Arnold and 30 Arnold be and hereby is accepted upon the following conditions: 1.The subject property will not transfer 28 and 30 Arnold until Paul Aswad receives Planning and Zoning Board approvals prior to transfer; 2. Paul Aswad agrees to accept title in"as is condition"; 3.Mr.Aswad agrees to pay for all closing costs associated with the transfer of title including,but not limited to,transfer tax and recording fees;and 4.Mr.Aswad agrees to provide a signed full release and indemnify the City of Buffalo as to environmental and other matters regarding the property. 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.689 REPORT OF SALE-522,524,530,534,536&538 CARLTON(ELL)(STRAT PLAN) 524 Carlton,25 E Grey Lot Size:50'x 127'Assessed Valuation:$2,300.(Ellicott District) 530 Carlton,75 E Grey Lot Size:25'x 120'Assessed Valuation:$1,400.(Ellicott District) 534 Carlton,100 E Grey Lot Size:25'x 120'Assessed Valuation:$1,400.(Ellicott District) 536 Carlton, 125 E Grey Lot Size:26.11'x 1115'Assessed Valuation:$1,600.(Ellicott District) 538 Carlton, 151 E Grey Lot Size:21.76'x 115'Assessed Valuation:$1,600.(Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from New Hope Baptist Church,Mr.Christopher Mitchell,Chair, Board of Trustees, 170 Manhattan Avenue,Suite#1461, Buffalo, New York 14215 to purchase 522,524,530,534,536&538 Carlton Street. New Hope Baptist Church intends to build a church with the assemblage of the subject lots.The Church has provided a floor plan for the construction of the church and proof of financial ability,that has been reviewed by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents($.80)to Two Dollars($2.00)per square foot. New Hope Baptist Church has agreed and is prepared to pay One Dollar Five Cents per square foot,($1.05),for a total of Twenty One Thousand Dollars ($21,000)for the subject lots.They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 522,524,530,534,536&538 Carlton Street to New Hope Baptist Church in the amount of Twenty One Thousand Dollars($21,000). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.690 REPORT OF SALE 171 DODGE VACANT LOT 297 E MICHIGAN LOT SIZE:30'X 125' ASSESSED VALUE:$1,500 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Jacqueline and Philip Johnson 170 Forestview,Williamsville, N.Y., 14221 to purchase 171 Dodge.The Johnsons'would like to purchase the lot adjacent to their rental property at 167 Dodge for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to Ninety Five Cents($.95)per square foot. Mr.and Mrs.Johnson have agreed and are prepared to pay Fifty One Cents($.51)per square foot,totaling One Thousand Nine Hundred Dollars($1,900) for the above referenced property.They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 171 Dodge for the amount of One Thousand Nine Hundred Dollars($1,900)to Mr.and Mrs.Johnson. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the offer from Jacqueline and Philip Johnson of 170 Forestview,Williamsville, New York 14221,in the mount of One Thousand Nine Hundred Dollars ($1,900.00)for the purchase of 171 Dodge 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.691 REPORT OF SALE 95 EATON TWO FAMILY DWELLING 169.40 E MASTEN LOT SIZE:35'X 135'ASSESSED VALUE:$25,000 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Michael J.Calabrese,of 157 Eaton Street, Buffalo, New York 14208 to purchase 95 Eaton Street.Mr.Calabrese would like to purchase the property to rehab and rent.Mr.Calabrese has estimated the cost of the renovations to be Seventy-Eight Thousand Three Hundred and Fifty Dollars($78,350).The renovation proposal has been reviewed by the Division of Real Estate and Mr.Calabrese has provided proof of financial ability to complete the purchase and repair to the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales and in similar conditions in the area to be in the$3,000.00 to$3,500.00 range. Mr.Calabrese has agreed and is prepared to pay Three Thousand Two Hundred Dollars($3,200)for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 95 Eaton Street for the amount of Three Thousand Two Hundred Dollars($3,200)to Michael J.Calabrese. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the offer from Michael J.Calabrese of 157 Eaton Street, Buffalo, New York 14208,in the amount of Three Thousand Two Hundred Dollars ($3,200.00)for the purchase of 95 Eaton Street 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.692 REPORT OF SALE 233 FOUGERON VACANT LOT WEST COR LOUISEN LOT SIZE:30.72'X 159.75'ASSESSED VALUE:$2,200 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from William E. Breeser on behalf of 980 Northampton Street II, LLC., 1255 Niagara Street, Buffalo, New York 14213 to purchase 233 Fougeron Street.Mr. Breeser would like to purchase the lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to Ninety Cents($.90)per square foot. Mr. Breeser has agreed and is prepared to pay Sixty Cents($.60)per square foot for the parcel for a total of Three Thousand Dollars($3,000)for the above referenced properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 233 Fougeron Street for the amount of Three Thousand Dollars($3,000)to 980 Northampton Street II, LLC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the offer from William E. Breeser on behalf of 980 Northampton Street II, LLC, 1255 Niagara Street, Buffalo, New York 14213,in the amount of Three Thousand Dollars($3,000.00)for the purchase of 95 Eaton Street 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.693 REPORT OF SALE PORTION 36 LONGNECKER VACANT LOT 300'N WILLIAM LOT SIZE:30'X 115'ASSESSED VALUE:$3,400 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mary Ellen Eck,42 Longnecker, Buffalo, N.Y., 14206 to purchase portion of 36 Longnecker.Ms. Eck would like to purchase the lot adjacent to her home for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents($.40)to Ninety Five Cents($.95)per square foot. Ms. Eck has agreed and is prepared to pay Two Thousand One Hundred Dollars($2,100)for the above referenced property.She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 36 Longnecker for the amount of Two Thousand One Hundred Dollars($2,100)to Ms. Eck. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the offer from Mary Ellen Eck,42 Longnecker, Buffalo, New York 14206,in the amount of Two Thousand One Hundred Dollars($2,100.00)for the purchase of 36 Longnecker 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.694 REPORT OF SALE 51 NORWAY PARK-VACANT LOT 71 S DODGE LOT SIZE 32'X 100'ASSESSED VALUATION:$1,800 (ELLICOTT DISTRICT) Pursuant to Item Number 1130,CCP 6/9/15 Your Honorable body approved the sale of 51 Norway Park to MD J Uddin and Zeenat Jehan for additional green space. Due to clerical error the sale price was reported as One Thousand Nine Hundred Dollars,(1,900.00)when in fact it should have been One Thousand Six Hundred Dollars(1,600.00). The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents($.30)to Seventy Cents($.70)per square foot. Mr. Uddin and Ms.Jehan have agreed and are prepared to pay One Thousand Six Hundred Dollars($1,600), Fifty Cents($.50)per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of Norway Park to MD J Uddin and Zeenat Jehan in the amount of One Thousand Six Hundred Dollars($1,600). MD J. Uddin and Zeenat Jehan agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees MD J. Uddin and Zeenat Jehan agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.695 REPORT OF SALE 19 SHERWOOD-VACANT LOT 137.N HAMPSHIRE LOT SIZE:34'X 80' ASSESSED VALUE:$3,900 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Todd Walter of 23 Sherwood Street Buffalo, NY 14213 to purchase 19 Sherwood Street.Mr.Walter would like to purchase the lots for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy-Five Cents($.75)to One Dollar and Ninety Cents($1.90)per square foot. Mr.Walter has agreed and is prepared to pay One Dollar and Forty-Nine Cents($1.49)per square foot for a total of Four Thousand Dollars($4,000)for the parcel located at 19 Sherwood Street. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 19 Sherwood St for the amount of Four Thousand Dollars($4,000)to Mr.Todd Walter. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated March 22,2016,be received and filed; That the offer from Mr.Todd Waiter,23 Sherwood Street, Buffalo, New York 14213,in the amount of Four Thousand Dollars($4,000.00)for the purchase of 19 Sherwood 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.696 REPORT OF SALE 681 SOUTH DIVISION SOUTH SIDE 302.94'W EMSLIE LOT SIZE: 193 X 100 ASSESSED VALUATION:$4,300 22 SEYMOUR NORTH SIDE 546.97'W EMSLIE APPROX.100'N OF SEYMOUR LOT SIZE: 138.86'X 100.33'ASSESSED VALUATION:$4,800.(FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr.James W.Cornell,Manager on behalf of Larkin Center of Commerce(the"Buyer"),701 Seneca Street,Suite 200, Buffalo, NY 14210 to purchase 681 South Division and 22 Seymour. The Buyer has indicated that they need to expand their parking capacity for the Larkin Center Commerce.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 Buyer commissioned Jeffrey Hennard,Appraiser from GAR Associates to estimate the fair market value of 681 South Division and 22 Seymour.Mr. Hennard has determined the fair market value of 681 South Division to be$35,000 and the value of 22 Seymour to be$18,000 for a total purchase price of $53,000.00 for both 681 South Division and 22 Seymour.The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr.Cornell has agreed and is prepared to pay a total of$53,000.00 for both 681 South Division and 22 Seymour. He has also agreed to the following conditions: 1. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to erect a fence along 681 South Division and 22 Seymour to separate the subject properties from both the property owner of 26 Seymour and the owner of 687 South Division. 2. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning, agrees that within their fenced in area have green space as a buffer including evergreen trees along 22 Seymour (which is the rear of 26 Seymour) and also on the east side of the property line of 681 South Division (which is the west line of 687 South Division) to further separate the proposed parking lot from the neighboring residents. 3. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees submit plans for site review for the proposed parking lot to include the fencing,greenspace and evergreen trees and must obtain Planning Board and Zoning Board approval and/or approval from the Planning Office,whichever is deemed necessary from the City of Buffalo,Office of Strategic Planning. 4. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to pay for all closing costs,recordation fees,transfer tax,etc.in addition to the purchase price and if necessary any all title search costs, survey costs,etc. 5. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. I am recommending that Your Honorable Body approve the sale of 681 South Division and 22 Seymour to Larkin Center of Commerce, and or an entity designated by Larkin Center of Commerce and approved by the Office of Strategic Planning, in the amount of $53,000.00, providing the following conditions are met: Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to erect a fence along 681 South Division and 22 Seymour to separate the subject properties from both the property owner of 26 Seymour and the owner of 687 South Division. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees that within their fenced in area have green space as a buffer including evergreen trees along 22 Seymour(which is the rear of 26 Seymour)and also on the east side of the property line of 681 South Division(which is the west line of 687 South Division)to further separate the proposed parking lot from the neighboring residents. 3. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees submit plans for site review for the proposed parking lot to include the fencing,greenspace and evergreen trees and must obtain Planning Board and Zoning Board approval and/or approval from the Planning Office,whichever is deemed necessary from the City of Buffalo,Office of Strategic Planning. 4. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to pay for all closing costs,recordation fees,transfer tax,etc.in addition to the purchase price and if necessary any all title search costs, survey costs,etc. 5. Buyer,or entity designated by Buyer and approved by the Office of Strategic Planning,agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's Office. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.697 RESCIND SALE&REFUND DEPOSIT 369 UTICA EAST (ELL DISTRICT)ITEM NO.2410,C.C.P.11/25/2014 In the above referenced item Your Honorable Body approved the sale of 369 Utica East to Mr.Shafiqur R. Khan, President of Greenhouse of Buffalo, Inc., 8709 169"'Street,Jamaica, New York 11432,in the amount of Four Thousand Five Hundred Dollars ($4,500.00). The City of Buffalo has determined this structure needs to be demolished immediately. As a result,Mr. Khan is not interested in purchasing the property without the house. Based on the above circumstances, the Office of Strategic Planning, Division of Real Estate is recommending that Your Honorable Body approve to rescind the sale of 369 Utica East to Mr. Khan, refund his deposit in the amount of Four Hundred Fifty Dollars($450.00)and the return the property to our inventory. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated March 23,20!6,be received and filed;and That the Office of Strategic Planning, Division of Real Estate,be,and hereby is authorized to rescind the sale of 369 Utica East to Mr.Shafiqur R. Khan, President of Greenhouse Buffalo, Inc.8709 169th Street,Jamaica, New York 11432,and the deposit of Four Hundred Fifty Dollars($450.00)down payment is refunded,and that the property be returned to inventory. PASSED AYES 9, NOES 0 NO.698 URBAN HOMESTEAD PROGRAM-REVISED LIST OF ELIGIBLE PROPERTIES ITEM NO.1133,C.C.P.06/09/2015 Pursuant to the Urban Homestead Amendment of the Urban Renewal Plan approved by the City of Buffalo Common Council(Item#127,C.C.P.May 14, 2005;further amended as item#119,C.C.P.July 24,2007, Item#100,C.0—P.April 27,2010, Item#7,C.C.P. November 1,2011 and Item#1133, C.C.P.June 9,2015),the Office of Strategic Planning hereby submits a list of properties acquired through In-Rem#49 which are within the approved Urban Renewal Areas(URA)and Comprehensive Code Enforcement Areas(CCE). I am recommending that Your Honorable Body approve the above list of properties as homestead eligible properties within the URA and CCE areas as part of the overall Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title of the properties to qualified purchasers. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPRTROLLER NO.699 CERTIFICATE OF NECESSITY 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$400,000 be transferred and reappropriated as set forth below: From: 17303002-423001 NYS PENSION $400,000 To 15050006-443303 Building&Fleet Maintenance-Drive Train Repairs $375,000 15050006-443302 Building&Fleet Maintenance-Collision Repairs $25,000 RECEIVED AND FILED NO.700 BMHA CLAIMS DEBT FORGIVENESS WITHOUT CITY APPROVAL OR KNOWLEDGE Attached please find Page 20 from the Buffalo Municipal Housing Authority(BMHA)Basic Financial Statements for the Fiscal Year Ending June 30,2014. Please direct your attention to: Note 7-Other Revenue-Debt Forgiveness The Authority recognized$3,467,714 as income during the current fiscal year as a result of writing off old outstanding payables to the City of Buffalo for water,sewer and other services.Management has determined that the Authority has offsetting amounts due from the City to reimburse operating deficits incurred during the fiscal years 2004 through 2010. Currently BMHA owes the City$1.9 million in unpaid natural gas bills and$1.7 million to the Buffalo Water Board for unpaid water bills($1.6 million of which is for the Marine Drive Apartments). This Department is not aware of the Common Council, nor the Buffalo Water Board, providing authorization to the BMHA to forgive these debts owed to the City. Furthermore,the City and the Water Board do not have any recorded material outstanding liabilities to the BMHA. The City did not forgive these debts,therefore BMHA should not have unilaterally removed these liabilities from its records. Mark J. F.Schroeder Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO.701 BONDACCOUNTCLOSEOUTS In the event that any portion of the proceeds, inclusive of premiums from the sale of bonds, bond anticipation notes,capital notes, urban renewal notes or budget notes is not expended for the object or purpose for which such obligations were issued, such portion shall be applied only to the payment of the principal of and interest on such obligations,respectively(Local Finance Law-Section§165.00). As the City intends to refund Series 2004C,2008AB and 2009AB and where such unexpended proceeds remain,must be applied toward the refunding bond(New York Local Finance Law§90.10). The Available Balance,as noted within the chart,for each project listed totaling$10,165.95,is to be transferred into the City's Debt Reserve Account for a resource within the refunding. AVAILABLE FUND SERIES MUNIS PROJECT BUDGET EXPENDITURE BALANCE 3011 2008A 31310906 CAN ENVIRO REMEDTN 08$1,628,668.14 $1,524,360.94 $3,307.20 3012 2009A 32311206 SENECASTRES&STSCP 248.204.77 241.346.02 6.858.75 1,876,872.91 $1,765,706.96 $10,165.95 Mr. Rivera moved: That the above item be,and the above communication from the Comptroller,dated March 24,2016,be received and filed;and That the Comptroller is hereby authorized to refund Series 2004C,2008AB and 2009 AB,and where such unexpended proceeds remain,must be applied toward the refunding bond,as more fully described in the above communication. PASSED AYES 9, NOES 0 NO.702 LNTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of$2,000,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 100B-General Fund TO: 3211 -Pearl Street Conversion 323.2-Genesee Gateway Grant Title:Buffalo Streetscapes II Capital GRANT AGENCY:NYS Urban Devpt Corp d/b/a Empire State Development GRANT AMOUNT:$2,000,000.00 LOAN AMOUNT:Maximum of$2,000,000.00 Estimated Date of Repayment:June 30,2017 Mr. Rivera moved: That the above item be,and the above communication from the Department of Audit and Control/Comptroller,dated March 16,2016,be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of$2,00,000.00 for the Pearl Street Conversion,Genesee Gateway from the NYS Urban Development Corp.d/b/a Empire State Development. PASSED AYES 9, NOES 0 FROM THE PRESIDENT OF THE COUNCIL NO.703 REQUEST FOR DETAILED REPORT ON BMHA MONEY OWED TO THE CITY Dear Comptroller, In the several meetings of the Committee on Finance held in March,The Council discussed several fiduciary issues regarding Buffalo Municipal Housing Authority(BMHA).Of particular note was an item filed with The Council on March 15,2o16,where you reported that BMHA has outstanding invoices totaling approximately$3 million owed to The City. However,there may be some disputes as to BMHA's liability for part or the whole of these outstanding balances. I respectfully request that you work with Corporation Counsel Tim Ball to identify any existing legal issues regarding BMHA's arrears to The City. Furthermore, I am asking that a report of your findings be filed and delivered to The Council no later than 30 days from your receipt of this letter. REFERRED YO THE COMMITTEE ON FINANCE NO.704 REQUEST FOR INFORMATION ON MONEY OWED Dear Comptroller, I am writing to respectfully request a report of all aging accounts receivable that you recommend can be written off from current ledgers.Additionally, please file a report of any agencies and corporations that have arrears with The City. It is of great importance that,as leaders of The City,we maintain proper awareness of the taxpayer's money. It is also tantamount that we work together to ensure fairness in holding businesses accountable to their financial responsibilities. As you prepare this information, I ask that you coordinate with Administration, Finance, Policy and Urban Affairs and Department of Law in providing recommendations for legislative changes that would better facilitate collection operations.These recommendations should be also be filed with The Council no later than 30 days from your receipt of this letter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS NO.705 CHANGE IN CONTRACT-ERIE BASIN MARINA-THE HATCH PHASE II ELECTRIC-FILLMORE DISTRICT #312 OF 2/17/15 I hereby submit to Your Honorable Body the following change for Erie Basin Marina-The Hatch Phase II, Electrical,Goodwin Electric Contract#93001501. These Changes are required by the Fire Marshal 1.)Fire alarm drops for second Ansul Hood Add $594.51 2.)Two(2)Fire alarm pull stations Add $2,098.26 3.)Under Bar Lighting Add $1,762.84 4.)Installation of communication wire for fire alarm system Add $866.28 5.)Installation of low voltage lighting on steel frames Add $428.87 6.)Relocate exit light at two locations Add $206.48 7.)Five(5)flexible connectors at exterior LED Add $461.56 Lighting for bent/angle locations 8.)Circuit for Unit Heater cat Main Entry Add $402.04 The forgoing change results in a net increase in the contract of Six Thousand Eight Hundred Twenty Dollars and 84/100($6,820.84) Summary Previous Contract amount $83,790.00 Amount of this Change Order $5,155.49 Revised Contract amount $88,945.49 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be far and equitable. Funds for this work are available in 38328206-445100-Buildinga 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 March 16, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1 in the amount of$5,155.49 (Original Contract Amount$83,790.00 + Change Order#1 $5,155.49 for a Revised Contract Amount of$88,945.49)for the Erie Basin Marina-The Hatch Phase II, Electrical,with Goodwin Electric,Contract#93001501. Funds are available in Account#38328206-445100-Buildings. PASSED AYES 9, NOES 0 NO.706 NOTICE OF CONTRACT TIME EXTENSION PIN 5756.09-W.FERRY BRIDGE REHAB [:NIAGARA DISTRICT Pursuant to Article 22-8 of the City Charter the Department of Public Works, Parks and Streets hereby advises Your Honorable Body that a no cost time extension was granted to Hohl Industrial Services Inc. for the West Ferry Bridge Rehabilitation, Contract 93001407. The extension of time was for 11 weeks to April 29, 2016. The extension was justified by numerous malfunctions of the bridge during the course of construction which delayed the contractors efforts. 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 March 21, 2016,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 no cost time extension with Hohl Industrial services Inc.for the West Ferry Bridge Rehabilitation,Contract 93001407.The extension of time was for 11 weeks to April 29,2016. PASSED AYES 9, NOES 0 NO.707 PERMISSION TO DISPOSE/AUCTION/SCRAP CITY OF BUFFALO LVT MACHINES AND BRIDGE COUNTER WEIGHT MATERIAL The Engineering Division of the Public Works Department currently has in its possession seven 1940's vintage Landing Vehicle Tracked,Model 4,or "LVT's".These machines were used for many years to break ice in the shallower areas of the Buffalo River and Cazenovia Creek not reachable by the Fireboat Edward M.Cotter. Due to the equipment's advanced age,improvements made to Cazenovia Creek and improved ice jam mitigation techniques performed by the Engineering Division these pieces of equipment that are no longer useful to our operations. The Department of Public Works is therefore requesting the permission of Your Honorable Body to auction off these machines. The Department of Public Works also has in our possession two large steel ingots that were used as counterweights on the South Park Lift Bridge,before the last rehabilitation.As part of the bridge rehabilitation the ingots were removed from the counterweight and the bridge was rebalanced.These ingots are no longer useful to our operations. The Department of Public Works is therefore requesting the permission of Your Honorable Body to auction off these ingots. REFERRED TO THE COMMITTEE ON FINANCE NO.708 PERMISSION TO ENTER PROJECT PARTNERSHIP AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS FOR BUFFALO RIVER SECTION 204 BENEFICIAL USE OF[:DREDGED MATERIALS FOR UNITY ISLAND PARK ITEM#73 OF JANUARY 13,2015 Permission is hereby requested for the City of Buffalo to enter into Project Partnership Agreement (PPA) with the Department of the Army Corps of Engineers for design and construction of the Buffalo River Section 204 Beneficial Use of Dredged Materials Project for Unity Island Park. Total cost of project as per the PPA is$2,963,701. The Federal share is 65%, or$1,926,405, and the city's Non Federal Share is 35%, or$1,037,295. Total amount of Non-Federal funds required for this work are available as per New York Power Authority(NYPA)Habitat Enhancement&Restoration Fund (HERF)Grant awarded to the City of Buffalo on December 18,2015. Currently,the Unity Island Park ponds are overgrown with invasive species.The Department of the Army is performing work this year to remove the invasive species and establish native habitat.This project,will add to that effort and serve as a pilot for the Department of the Army to utilize clean dredged materials from the Buffalo River in the north pond of Unity Island Park to improve underwater and shoreline habitat.The City of Buffalo will be responsible for maintenance of the pond shoreline after work has been completed. Authorization is hereby requested from Your Honorable Body for the City to enter into the attached PPA subject only to such clarifications and modifications as may be recommended Corporation Counsel in finalizing the PPA. Thank you for your consideration. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 23, 2016,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 Project Partnership Agreement("PPA")with the Department of the Army Corps of Engineers for design and construction of the Buffalo River Section 204 Beneficial Use of Dredged Materials Project for Unity Island Park,subject only to such clarifications and modifications as may be recommended by the Corporation Counsel in finalizing the Project Partnership Agreement. PASSED AYES 9, NOES 0 NO.709 PERMISSION TO HIRE CONSULTANT FLYNN BATTAGLIA ARCHITECTS NAVAL PARK HANGAR BUILDING EXPANSION Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Flynn Battaglia Architects as a consultant to provide architectural and engineering services for the Naval Park Hangar Building Expansion. The cost for consulting services is estimated not to exceed$230,000.00.The funds for this project will be available as authorized in the 2016 bond sale and account(s)to be named at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Flynn Battaglia Architects as a consultant to provide architectural and engineering services for the Naval Park Hangar Building Expansion.The cost for consulting services is estimated not to exceed $230,000.00.The funds for this project will be available as authorized in the 2016 bond sale and account(s)to be named at a later date. PASSED AYES 9, NOES 0 NO.710 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH VARIOUS ENTITIES FOR THE DESIGN,CONSTRUCTION, CONSTRUCTION ADMINISTRATION AND INSPECTION 0 F THE STREETSCAPE IMPROVEMENTS ALONG SENECA STREET FILLMORE DISTRICT The City of Buffalo has been awarded a grant from the Dormitory Authority of the State of New York (DASNY) of up to $50,000 for the design, construction, construction administration and inspection of Streetscape Improvements Along Seneca Street in the area bounded by Seneca, Smith, Exchange and Larkin Streets. Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into all necessary agreements with DASNY, Larkin Development Corporation and or National Grid. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design,administration, inspection and construction of this project.All agreements would be subject to approval as-to-form by the Corporation Counsel. I also respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the subject project.The funds will be available in a Grant 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 March 24, 2016,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 Dormitory Authority of the State of New York("DASNY"), Larkin Development Corporation and/or National Grid for the design, construction,construction administration and inspection of Streetscape Improvements Along Seneca Street in the area bounded by Seneca,Smith, Exchange and Larkin Streets.These agreements would enable the Department of Public Works, Parks and Streets to administer this project,and will cover all necessary work needed to complete the design,administration,inspection and construction of this project.All agreements would be subject to approval as to form by the Corporation Counsel. That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services to the subject property..The funds will be available in Grant account(s)to be named at a later date. PASSED AYES 9, NOES 0 NO.711 PERMISSION TO INCREASE CONSULTANT CONTRACT; HATCH MOTT MACDONALD CONTRCT#93001541 PARKSIDE AVE AT FLORENCE AVE,PIN 5760.98 DELAWARE DISTRICT I hereby submit to your Honorable Body the following change for this contract. Hatch Mott MacDonald is the engineering consultant for design,and construction inspection services for the Parkside Ave.at Florence Av., PIN 5760.98,Safety Improvement Project. This increase is necessary for additional services by the consultant for the Design,Construction Administration,and Inspection during the construction phase.These services were not included in the original contract as the funding for construction phase services was not in place at the time of award. Previously approved contract: $ 59,975.00 This Change Order: $109,772.00 Total $169,747.00 I certify that this increase is fair,and equable for the work involved and respectfully request that your Honorable Body approve this subject cost increase, and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for$109,772.00. This is a Federal,State,and City funded project.The funds for City share will be available in Grant account(s),Capital projects account(s),and/or accounts 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 March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1 in the amount of$109,772.00(Original Contract Amount$59,975.00+Change Order#1 $106,772.00 for a Revised Contract Amount of$169,747.00)for the design,construction administration,and inspection for the Parkside Avenue at Florence Avenue Safety Improvement Project, PIN 5760.98.This is a Federal,State and City funded project.The funds for the City's share will be available in Grant account(s),Capital Projects account(s)and/or accounts to be named at a later date. PASSED AYES 9, NOES 0 NO.712 REPORT OF BIDS CITY-WIDE MILL&OVERLAY CDBG YR-40 DPW GROUP 874C In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Base Bid Destro&Brothers Concrete Co. $652,168.70 411 Ludington St. Buffalo, NY 14206 Ocehino Corp. $676,478.00 2650 Seneca St.West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro&Brothers Concrete Co. I respectfully recommend a contract award in the amount not to exceed$750,000.00.This project was procured on the basis that the budget is$ 750,000.00,and that the City reserves the right to increase,or decrease quantities to the project budget. Funds for this contract are available in#DJ9B2027-470000, DA9B2027-470000 and/or an account to be named at a later date. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may withdraw his bid if an award of the contract is not made by April 20,2016. Individual bid submissions are available in our office for inspection and copies are available upon request. This project is being carried out with federal financial aid from the Community Development Block Grant(CDBG)from the United States Department of Housing and Urban Development(HUD).The contractor is not subject to Apprenticeship Training Program.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u(section 3).The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3 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 March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for City- Wide Mill and Overlay,with Destro&Brothers Concrete Co.,with a base bid of$652,168.70. Funds for this contract are available in Account#DJ9B2027- 470000, DA9B2027-470000 and/or an account to be named at a later date. PASSED AYES 9, NOES 0 NO.713 REPORT OF BIDS HENNEPIN PARK COMMUNITY CENTER PUBLIC FACILITIES IMPROVEMENTS CDBG PROJECT NO.HP41-50203,IDIS NO.9128 LOVEJOY DISTRICT I requested on February 29,2016 and received the following formal bids for the Hennepin Park Community Center Public Facilities Improvements project on March 15th,2016. Contractor Base Bid Alt#1 Alt#2 Alt#3 Jos.A.Sanders&Sons Roofing $459,867 $9,875 $87,207 $14,431 Miller Enterprises, Inc. $477,000 $12,000 $84,000 $28,000 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jos.A.Sanders&Sons Roofing,with a total bid of $571,380.00 plus a 10%contingency of$57,138.00 for a total amount of Six Hundred Twenty Eight Thousand, Five Hundred and Eighteen&00/100 Dollars($628,518.00),is the lowest responsible bidder in accordance with the plans and specifications. This project is being carded out with federal financial aid from the Community Development Block Grant(CDBG)from the United States Department of Housing and Urban Development(HUD).The contractor is not subject to the City of Buffalo Apprenticeship Training Program.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u(section 3).The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3 I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account#DJ9B2037-470000 and 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 March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Hennepin Park Community Center Public Facilities Improvements Project,with Jos.A.Sanders&Sons Roofing,with a total bid of$628,518.00(Base bid of$571,380.00+10%contingence of$57,138.00 for a total bid of$628,518.00). Funds for this project are available in Account#DJ9B2037-470000 and an account to be named at a later date. PASSED AYES 9, NOES 0 NO.714 REPORT OF BIDS PRATT-WILLERT COMMUNITY CENTER PUBLIC FACILITIES IMPROVEMENTS CDBG PROJECT NO.PW41-50203,IDIS NO.9130 ELLICOTT DISTRICT I requested on February 29,2016 and received the following formal bids for the Pratt-Willert Community Center Public Facilities Improvements project on March 15th,2016. Contractor Base Bid Hadala Construction, Inc. $67,900 Miller Enterprises, Inc. $88,000 I hereby certify that the foregoing is a true and correct statement of all bids received and that Hadala Construction, Inc.,with a base bid of$67,900.00,plus a 10%contingency of$6,790.00 for a total amount of Seventy Four Thousand,Six Hundred and Ninety&00/100 Dollars($74,690.00),is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account#DJ9B2037-47000 and 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 March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Pratt-Willert Community Center Public Facilities Improvements Project,with Hadala Construction, Inc.,with a total bid of$74,690.00(Base bid of $67,900.00+10%contingence of$6,790.00 for a total bid of$74,690.00). Funds for this project are available in Account#DJ9B2037-47000 and an account to be named at a later date. PASSED AYES 9, NOES 0 NO.715 REQUEST FOR AUTHORIZATION TO ACCEPT DONATION OF SUPPLIES,MATERIALS AND SERVICES FROM VARIOUS ORGANIZATIONS FOR DIVISION OF PARKS AND RECREATION OPERATED YOUTH CENTERS Permission is hereby requested from Your Honorable Body to accept the donation of supplies,materials and services used for programming at Division of Parks and Recreation operated youth centers in 2015: Organization Donation Value Buffalo Bisons Tickets $100 Villa Maria College Scoreboard $500 Canisius College Hockey Tickets $1,700 Buffalo Sabres Hockey Equipment $3,000 PAL of Buffalo Supplies&Programming $88,219 Thank you for your consideration. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 23, 2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of supplies,materials and services used for programming at Division of Parks and Recreation operated youth centers in 2015: Organization Donation Value Buffalo Bisons Tickets $100 Villa Maria College Scoreboard $500 Canisius College Hockey Tickets $1,700 Buffalo Sabres Hockey Equipment $3,000 PAL of Buffalo Supplies&Programming $88,219 PASSED AYES 9, NOES 0 NO.716 REQUEST AUTHORIZATION OF LITTLE LEAGUE FOOTBALL RULES AS CONDITION OF PARK USE PERMIT Authorization is hereby requested from Your Honorable Body to enact the following rules as a condition of Division of Parks and Recreation permit for Little League Football leagues and teams to utilize City of Buffalo fields and parks.These rules formalize best management practices already in place for some of the leagues that currently play football in the City of Buffalo. 1.All leagues must perform criminal background checks for coaching staff. 2. Each team must designate a Field Marshall to attend preseason meetings with Buffalo Police and to be present at all games for direct communication with the Buffalo Police. 3. Leagues must provide security for all games.Security plan must be reviewed and approved by Buffalo Police. 4.All leagues must adopt a Code of Conduct for the members of the organization,players and parents as approved by Buffalo Police and Division of Parks and Recreation. Adopting these rules will help in uniformity between the leagues and law enforcement for the safety of players and staff. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION NO.717 250 DELAWARE AVENUE STEEL CANOPY WITHIN CITY RIGHT OF WAY ELLICOTT DISTRICT Mr.Chris Nicosia of Uniland Development,owners of the property at 250 Delaware Avenue has requested permission to install a steel canopy at said address. The canopy would extend 9'from the building face into city right of way,measure 27'in width have a minimum clearance of 14'and be entirely supported by the building with no support posts. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413 Section 56(Awnings,Canopies and Marquees)of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works Parks and Streets to issue a"Revocable License"for said encroachment provided the following conditions are met: 1.That the applicant obtains any and all City of Buffalo permits and or pays all fees as necessary. 2.That the steel canopy be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets and the Department of Permits and Inspections. 3.That the applicant be responsible for maintenance of the steel canopy as long as it remains within City right-of-way and provide the City with a bond to ensure such. 4.That the applicant provide insurance and enter into a Revocable License Agreement prepared by the Corporation Counsel. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated March 22, 2016,be received and filed;and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 413 Section 56 (Awnings,Canopies and Marquees)of the City Ordinances,to issue a"Revocable License"to Mr.Chris Nicosia of Uniland Development,Owners of the property located at 250 Delaware Avenue, Buffalo, New York,to encroach City fight-of-way with a steel canopy which would extend 9'from the building face into the City right-of-way,measure 27'in width and have a minimum clearance of 14',and be entirely supported by the building with no support posts, upon the following conditions: 1.That the applicant obtain any and all other City of Buffalo permits and/or pays all fees as necessary; 2.That the steel canopy be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets and Department of Permits and Inspections; 3.That the applicant be responsible for maintenance of the steel canopy as long as it remains within the City right-of-way and provide the City with a bond to ensure such;and 4.That the applicant provides insurance and enter into a Revocable License Agreement prepared by the Corporation Counsel. PASSED AYES 9, NOES 0 NO.718 APPOINT ASSOCIATE ACCOUNT CLERK(INTER)(PERM)(CASCIO) Certificate of Appointment Appointment Effective 3/17/16 in the Department of Public Works, Parks&Streets Division of Engineering to the Position of Associate Account Clerk Permanent Promotional Intermediate Starting Salary of$40,532(Step 2) Bonieda Cascio,27 Groveland St, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.719 APPOINT DOG CONTROL OFFICER(INTER)(PROV)(GORSKI) Certificate of Appointment Appointment Effective 3/18/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Dog Control Officer Provisional Open-Competitive Intermediate Starting Salary of$26,508(step 14) Jennifer Gorski,394 Ideal St, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.720 APPOINT SUPERVISOR OF STREET SANITATION I(INTER)(PERM)(LOMBARDO) Certificate of Appointment Appointment effective 3/21/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Supervisor Street Sanitation I Permanent Promotional Intermediate starting step of$39,010(step 3) John Lombardo, 163 Bird Ave, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.721 APPOINT SUPERVISOR OF STREET SANITATION I(MAX)(PERM)(MAUND,WITEK) Certificate of Appointment Appointment effective 3/28/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Supervisor Street Sanitation I Permanent Promotional Maximum starting step of$41,380(step 5) Dale Maund, 16 Wheelock St, Buffalo 14206 James Witek,52 Rejtan, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FOM THE COMMISSIONER OF POLICE NO.722 SECOND DONATION FROM HYDE FOUNDATION FOR PURCHASE OF A CANINE PRIOR COUNCIL REFERENCE: Item No.76,C.C.P#2, 1/20/2015 The Department of Police is requesting that your Honorable Body allow the Buffalo Police Department to accept a donation of$12,523.12 from the Buffalo Police Foundation.This bequest was generously given to them by the Hyde Foundation, Inc.,with a specific request to purchase a canine dog,to provide the necessary training for this dog,and to purchase some of the ancillary equipment that is utilized by Buffalo Police's canine dogs.The Hyde Foundation, Inc.has asked Buffalo Police that upon securing this addition to their Canine Team,the dog be named"HYDRO." This is the second generous donation from the Hyde Foundation,if you recall. Last year,they sponsored the purchase of"Georgie,"our newest drug dog. The Hyde Family appreciates that our Canine"partners"work to improve the quality of life for residents as they respond to emergencies,track illegal contraband,apprehend suspects and represent the police at public venues.The Hyde Family wishes to continue their support of these efforts by the Buffalo Police Canine Unit. We are respectfully requesting that your Honorable Body,once again,approve the acceptance of this wonderful gift to the City of Buffalo Police Department. If you require additional information,please do not hesitate to contact Captain Mark Makowski or Maureen Oakley of our Grants Section at(716)851-4475. Your attention to this matter is greatly appreciated. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Police Department,dated March 12,2016,be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation$12,523.12 from the Hyde Foundation, Inc.for the purchase of a canine drug dog,to provide the necessary training for this dog,and to purchase some of the ancillary equipment that is utilized by Buffalo Police's canine dogs. PASSED AYES 9, NOES 0 NO.723 APPOINT POLICE CAPTAIN(PERM)(JOYCE) Certificate of Appointment Appointment effective 3/14/16 in the Department of Police To the positon of Police Captain Permanent Competitive at the starting salary of$92,271 Robert Joyce,34 Lamed Lane,Orchard Park 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO.724 DISPOSE OF OLD FIRE VEHICLES We are requesting approval to dispose of the following fire vehicles: F-05 2000 Chevrolet Suburban F-219 2000 Ford Expedition. Both vehicles are extensively rotted and will not pass NYS inspection. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Fire Department,dated March 14,2016,be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to dispose of the following fire vehicles as they are extensively rotted and will not pass New York State Inspection: • F05 2000 Chevrolet Suburban • F219 2000 Ford Expedition PASSED AYES 9, NOES 0 NO.725 PURCHASE PPE BAILOUT SYSTEM The Buffalo Fire Department respectfully requests permission to purchase new bailout personal protective equipment(PPE)from RIT Safety Solutions. These systems are mandated by NYS for structural firefighting and provide egress to trapped and/or endangered firefighters via upper floor windows or doors. The current equipment is first generation and many units have recently been found to be inoperable.After meeting extensively with RIT Safety Solutions and other manufacturers of similar systems, I believe purchasing systems from RIT will allow us to address this issue of life safety in the most expedient and efficient manner. Doing so is not only the most cost effective solution,but it will also allow us to take advantage of the operational inventory we currently have. The cost of five-hundred(500)units,belts and training is one hundred sixty-nine thousand one hundred dollars(S169,100.00)and funds are available from account 12132005 461201. I have attached a quote from RIT as well as one from an alternate vendor that is significantly higher. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Fire Department,dated March 23,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase new bailout personal protective equipment from RIT Safety Solutions,which are mandated by New York State for structural firefighting and provide egress to trapped and/or endangered firefighters via upper floor windows or doors.The total amount of the equipment is$169,100.00. Funds are available in Account#12132005 461201. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT& INSPECTION SERVICES NO.726 FOOD STORE(NEW)1054 BROADWAY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store License located 1054 BROADWAY(AMINUL ISLAM/MD UDDIN/AMANA MULTI TRADE INC dba AMAN PLAZZA.)and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.727 FOOD STORE(NEW)529 DODGE(ELLICOTT) 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 529 DODGE(ALHARIRI ZAID dba DODGE FOOD MARKET INC.)and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.728 PUBLIC DANCE HALL 341 DELAWARE AVE.(NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinances,please be advised that I have caused an investigation into the premises located at 341 Delaware Ave.for which said application for a Public Dance Hall license is being sought Steven Calvaneso @ Exquisite Catering and according to the attached reports, I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.729 PROPERTY MANAGER LICENSE 499 FRANKLIN ST SUITE#8 Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a PROPERTY MANAGEMENT LICENSE for KYA COOLEY&JAMES KEATON and find that as to form is correct. I will caused an investigation into the application for which said application for a Property Management License is being sought and no License will be issued until all required approvals from the Police Department and Law Department are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KYA COOLEY&JAMES KEATON,the attached thereto for.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.730 USED CAR DEALER 2619 BAILEY(UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Used Car Dealer License located 2619 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of ALEXANDER KUKHTO.The attached thereto for ALEXANDER KUKHTO/dba/WNY AUTO WAREHOUSE INC.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.731 APPOINT BUILDING INSPECTOR(INTER)(PERM)(MAZZONE) Certificate of Appointment Appointment effective 3/14/16 in the Department of Economic Development Permit&Inspections to the Division of Permit&Inspection Service to the Position of Building Inspector Intermediate Permanent starting salary of$47,180 Philip Mazzone,254 Schiller St, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION,FINANCE, POLICY&URBAN AFFAIRS NO.732 IN REM NO 50-VOLUME 1 &2 STATE OF NEW YORK COUNTY COURT, ERIE COUNTY IN THE MATTER OF FORECLOSURE OF TAX; USER FEES AND SEWER RENT LIENS, BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. LIST OF DELINQUENT TAXES; USER FEES AND SEWER RENT LIENS In Rem No.50 Index No.: 12016-14 Pursuant to section 1122 of the Real Property Tax Law of the State of New York,Section 15-41 of the City of Buffalo Code;and 1180 of the Public Authorities Law of the State of New York,respectively, I,Michael A.Seaman,the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo,do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Takes; User Fees and Sewer Rent Liens,identifies those parcels which have been subject to delinquent Taxes; User Fees and Sewer Rent Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1st day of July,2014,except for those parcels excluded from this List of Delinquent Taxes; User Fees and Sewer Rent Liens pursuant to law. The parcels,which are subject to such delinquent Taxes; User Fees and Sewer Rent Liens and the amounts due thereon,are identified in"Schedule A"of this List of Delinquent Taxes; User Fees and Sewer Rent Liens,which is annexed hereto and made a part hereof. Pursuant to section 1122(7)of the Real Property Tax Law,the filing of this List in the office of the County Clerk shall constitute and have the same force and effect as the filing and recording in such office of an individual and separate Notice of Pendency against each parcel set forth in this List. Dated: February 18,2016 Michael A.Seaman Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs. Enforcing Officer COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED NO.733 WAIVER OF PERFORMANCE BOND The Division of Purchase hereby requests permission from your honorable body to waive the performance bond on the pending purchase contract with Central Dodge Inc., 191 New State Hwy, Raynham,MA.The said contract is for the purchase of Police Pursuit vehicles and upfitting of equipment The anticipated contract value will be$734,248.35 In lieu of a performance bond,Central Dodge will provide a Letter of Credit from their bank as approved by the Commissioner of Administration and Finance,with pending approval from your honorable body. If approved the letter of credit will be forwarded to our Law department to approve as to form. In lieu of a performance bond,a credit of$7,416.65 will be applied to the purchase contract. Central Dodge Inc.is a reputable dealer that supplies Police vehicles to variety of police departments in the Northeast and Mid Atlantic area.Central Dodge's references with current and past customers provided showed a good track record of providing quality vehicles on time and within the contract pricing. If you have any questions or concerns,please contact William Sunderlin, Director of Purchasing at 851-5695 Thank you in advance for you cooperation and expediency in addressing this matter REFERRED TO THE COMMITTEE ON FINANCE NO.734 APPOINT JUNIOR COLLECTION OFFICER(PERM)(MAX)(GERALD) Appointment effective 03/14/2016 in the Department of Administration and Finance, Division of Treasury to the Position of Junior Collection Officer, Permanent at the Maximum Salary of$38,191 Veronica Gerald,57 Pauline St, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.735 ADMINISTRATIVE SERVICES AGREEMENT BETWEEN GROUP HEALTH INC AND THE CITY OF BUFFALO Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO.736 MARCH 29,2016 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on March 1,2016 Waive Permit Fees for Independent Health's Kids Run in Delaware Park Waive Permit and Special Event Fees for Save the Michaels's of the World 5K Fee Waiver for Explore&More Children's Museum Touch-A-Truck Event Waive Event Fee in Order for Bflo PS#72, Lorraine Academy,to host Their 4th Annual Bully Free 5K and 1 Mile Fun Run Waive Event Fee for Use of Cazenovia Park for PS#72, Lorraine Academy, Fun Day Was presented to the Mayor on March 4,2016,and returned to the City Clerk on March 14,2016 without approval or disapproval Respectfully submitted,J Gerald A.Chwalinski City Clerk RECIEVED AND FILED NO.737 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 Owners Name 237 Main St The Admiral Room at the Main Paul Kolkmeyer 366 Tonawanda The Viking Lobster Co Jeffrey Benjamin 350 Pennsylvania Bellini's Bistro Susan Navarro 301 Parkside P.Moran Patricia Moran RECEIVED AND FILED NO 738 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 Michael Moffett, Howard Bookmiller RECEIVED AND FILED. NO 739 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 03/22/2016 in the Department of Common Council, Division of Delaware District to the Position of Intern VIII at the flat salary of $15.00/hr Clayton Hoyt, 190 Hoyt St, Buffalo, NY 14202 NO.740 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 03/28/2016 in the Department of Common Council, Division of Ellicott District to the Position of Intern VIII at the flat salary of $15.00/hr Duane Thomas, 102 Congress St, Buffalo, NY 14213 NO.741 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 03/21/2016 in the Parking, Division of Parking Enforcement to the position of Laborer II,Seasonal at the Hourly Salary of$13.06 Timothy D.White,550 Doat Street, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 03/2132016 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Laborer II,Seasonal at the Hourly Salary of$13.06 Mario Washington,586 E. Delavan, Buffalo, NY 14211 NO.742 APPOINTMENTS-TEMPORARY,PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum(Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 03/14/2016 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Plumber, Permanent at the minimum salary of$24,377.00 Jeffrey C.Copeland,29 Oxford Ave, Buffalo, NY 14209 CERTIFICATE OF APPOINTMENT Appointment effective 03/17/2016 in the Department of Strategic Planning, Division of Real Estate to the Position of Laborer I, Permanent at the minimum salary of$24,377 Benjamin Staples,407 Spring St, Buffalo, NY 14204 NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.743 D CRESS&OTHER-COMMENTS GREEN CODE Lal0Dinash Securities offered through Raymond James Financial Services, Inc,Member FIN RA/SIPC www.finra.orq Raymond James Financial Services does not accept orders and/or instructions regarding your account by e-mail,voice mail,fax or any alternate method. Transactional details do not supersede normal trade confirmations or statements. 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If you received this message in error,please contact the sender immediately and delete the material from your computer. From: David Cress RECEIVED AND FILED NO.744 J.CURRY-MWBE TASK FORCE RECOMMENDATIONS Background: The purpose of the Minority and Women Businesses Enterprise(MWBE)Task Force is to promote equality of economic opportunities while eliminating the barriers due to the lack of information and resources provided to minority business.This Task Force was formed to formalize the ongoing commitment of The Common Council to work with and create opportunities for MWBE firms in The City of Buffalo.Membership of the Task Force includes a representative from each district of The City appointed by each councilmember,The City of Buffalo Corporation Counsel,Compliance Staff City of Buffalo, BURA, BMHA, Buffalo Public Schools(invited)and council personnel. Current State: 1.MWBE defined is Minority&Women Business Enterprise MBE-Minority Business Enterprise,WBE-Women Business Enterprise&MWBE- Minority&Women Business Enterprise(which means you are dually certified as a Minority&Woman owned firm) 2.The City goals as they exists now are:25%MBE and 5%WBE. 3.A January 2015,report from Empire State Development Division of Minority&Women's Business Development indicates that The City of Buffalo MWBE expenditure total with the State of New York was: a.39%MWBE spending-$75,808,738 b.21%WBE spending-$39,982,035 c.40%MBE spending-$76,995,566 d.Grand Total Spend-$192,786,339 4.There are 190 MWBE New York State certified companies in The City of Buffalo. a.38%-72-MBE Firms b.47%-89-WBE Firms c. 15%-29-MWBE Firms d.Grand Total Certified Firms in The City of Buffalo-190 The Erie County&City of Buffalo Joint Certification Committee(JCC)to streamline the certification process,thereby providing the option for an MWBE firm to be dually certified,which was no—available in the past. However,since the State and the JCC have a memorandum of understanding(MOU)in place to(for Fast Track)the JCC standardized their application process and options to mirror the State application. (See attached report for a more detailed analysis including Erie County data) Challenges and Deficiencies: 1. Lack of uniformity in reporting does not allow for consistency in compliance from prime contractors. 2.Compliance officers lack the ability to sufficiently enforce regulations due to lack of clarity in policy documents,assumed practices that have existed over the years with no real accountability for the genesis of those policies,or a loose interpretation thereof. 3.Staffing,resources and a standard"tool kit"of materials,and documents are inconsistent across the agencies and departments charged with contractual MWBE compliance and fiscal review and reporting. 4.A centralized list of certified MWBE subcontractors is not available across the various disciplines thus making it challenging for an understaffed compliance officer to refute the claims of a prime subcontractor that there is no availability of MWBE's to perform. 5. Education of the business community&the larger constituent community on the regulations, definitions,reporting,accountability,and premise of MWBE Compliance does not exist in one place and it is often misinterpreted and quoted generically without regard to fact and accuracy.i.e.-Comparing EEO Workforce Goals(number of men and women on a job site or contract identified by ethnicity& gender)with Business to Business Goals(relationship between a Prime subcontractor or State Agency and an MWBE Firm).These are two very separate and distinct goals that must be met and reported on in that manner. 6.Misunderstanding by those within the community regarding difference in the utilization and workforce participation goals creates persistent disdain for the process and decision makers who work to improve the quality of reporting,MWBE programs,and statutory language impacting this arena. Recommendations to Date: 1. Include a line item for additional staffing and resources(technology,standardization,and training)of the Contract Compliance Office with a minimum of 3-4 additional positions,to an approximate cost to be determined after further discussion with the Mayor's Office,the Office of Administration and Finance, and the Department of Law. 2. Encourage the Buffalo Employment Training Center(BETC)to work with MWBE Firm owners to facilitate the enrollment and participation in specific trade programs trainings that are already offered&in many cases paid for by federal and state funding they receive to serve this community. 3. Engage the Small Business Development Center(SBDC)to establish foundations for MWBE business owners and solicit their assistance in creating an ongoing central list of subcontractors. Utilization of the Beverly Gray Exchange Center can be a haven for these interactions with SBDC&MWBE Business owners as well as the list development. 4. Record and broadcast MWBE Task Force meetings through the Public Access Channel. 5.Submission of Utilization Plans and associated forms should be required at the time of bidding and if they are not after a period for addressing the deficiency the proposal will not be reviewed for consideration. 6. Use of Joint Ventures&Teaming Agreements where applicable. 7.Compliance Officer and Department Head should conduct a mandatory pre-bid meeting,walk through or conference call prior to submission of bids to review the MWBE requirements specifically. Request for proposal(RFP)respondents cannot submit a bid if they do not participate in mandatory meeting or take mandatory action. 8. Utilize pre-qualified bidders list,a standard bid review process which includes(pre-bid meetings,bid openings,payment reports)for operational and reporting success. 9. Incorporate liquidated damages language into all contract documents signed with prime contractors and enforcement if they do not comply with MWBE mandates and payments. 10. Review policies,procedures,goal setting strategies&use of new technology from other similar sized cities(Rochester,Cleveland etc)and budget for implementation of new resources. 11. Use of the data provided by the Partnership for Public Good report on Race&Inequality as a standard&justification for the basis of change that needs to occur in policy and guidelines. http://www.ppqbuffalo.orq/wp-content/uploads/2016/01/Working-Toward-Equitv.pdf 12. Routinely provide information on training programs and resources available via Public Access (i.e.-Buffalo Urban Renewal Agency(BURA)Ready to Work Programs, Dress for Success, BETC Training Opportunities etc.) 13. Regular meetings with Executive Chamber and Chief Diversity Officer for consistent flow of information and legislative actions to be taken. 14. Further deliberations on the feasibility of a Disparity Study in the City of Buffalo. Conclusion: Increasing the participation of M/WBEs in The City of Buffalo will requires a substantial change to the internal structure of the departments and affiliates of The City(Buffalo Public School, Buffalo Municipal Housing Authority,Water Authority,etc.)both in methodology and practice.The principles of leadership, accountability,goal setting,technology improvement,training,and education will lay the foundation of an effective program that has the ability to be executed with integrity and fairness.The education and training of the Compliance Officers, Department Heads,staff,business owners(Prime& MWBE's)as well as the community at large is a large undertaking that rests in the hands of this Honorable body and I am sure the will of the people will result in great success across all sectors of The City. The City of Buffalo has experienced tremendous growth over the last several years and it is the goal of this Task Force to utilize our collective resources and sweat equity in this regard to see the expansion of the MWBE program for The City of Buffalo residents and business owners. Respectfully Submitted, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.745 DEC-BROWNFIELD CLEANUP PROGRAM-1360 NIAGARA LOCATED AT 1336,1340 AND 1360 NIAGRA 1360 Niagara Street Site, Buffalo-Public Comment Invited on Brownfield Site Application The New York State Department of Environmental Conservation(DEC)has received a Brownfield Cleanup Program(BCP)application from 1360 Niagara Street Owner, LLC for a site known as 1360 Niagara Street,site ID#C915302.This site is located in the City of Buffalo,within the County of Erie.and is located at 1336. 1340 and 1360 Niagara Street. Comments regarding this application must be submitted no later than April 22,2016.A copy of the application and other relevant documents are available at the document repository located at Buffalo&Erie County Public Library, 1 Lafayette Square, Buffalo, NY 14203. Information regarding the site and how to submit comments can be found at http:Ilwww.dec.ny.govlchemical160058.html or send comments to: Anthony Lopes, Project Manager 270 Michigan Avenue Buffalo. NY 14203 Anthony.Lopes@dec.ny.gov or call 716-851-7220 NOTE:General information about New York's Brownfield Cleanup Program can be found at http:llwww.dec.ny.gov/chemical/8450.html RECEIVED AND FILED NO.746 REQUEST FOR REVIEW OF TRAFFIC CONDITIONS ROUTE 33(KENSINGTON EXPWY)EASTBOUND EXIT @ GRIDER ST CITY OF BUFFALO Dear Mr.Chwalinski: A February 25,2016 resolution by the City of Buffalo Common Council related to the above subject was sent to our Department by the Common Council Legislative Staff with the request that we reply to your office.A traffic engineering investigation has been initiated to review this request. At the conclusion of our investigation,we will advise you of our findings. If you have any questions or need additional information,please contact me at(716)847-3268 or Angelo Borgese,of my staff,at(716)847-3262. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.747 D.FRANCZYK-T.TIELMAN-CONCERNS PROPERTIES AT 110 S PARK&118 S PARK To Whom It May Concern: Please file this letter for the next Common Council Meeting on March 29,2016. Hon. David Franczyk Fillmore District Councilmember 1408 City Hall Buffalo NY 14202 Re: 110 and 118 South Park Avenue Dear Councilmember Franczyk, Two properties in the Cobblestone Historic District have been a grave concern of The Campaign for Greater Buffalo and the City of Buffalo Preservation Board for years. 110 South Park,the former Muggeridge Steam Bakery,built in the 1850's,is the oldest remaining building on the Buffalo waterfront. 118 South Park,the former Brown&McCutcheon building,was built as a brass foundry just after the Civil War and was the home of Mr. Ed Rudnicki's Buffalo Blacksmithing until quite recently. Both buildings have been putatively owned by a Mr. Darryl Carl who has let the buildings languish,and even demolished the structure that housed Mr. Rudnicki's forge,or smithy.Carr has stated repeatedly that he wants to demolish both,and he has been in housing court on one or the other for years. Now,he has an outstanding fine on ongoing violations at 110 South Park which he has not paid,and neither the housing court judge or the City Department of Inspections appears capable or willing to have Mr.Carr pay the fine or repair the buildings. I urge you to take the matter up in the Common Council's Preservation Committee.These invaluable buildings-the heart of the Cobblestone Historic District-must be stabilized and all branches of local government must work in concert to achieve a lasting solution to the evident problems on the site. Sincerely, [Signed] Tim Tielman Executive Director REFERRED TO THE PRESERVATION COMMISSION NO.748 J.GOLOMBEK-W.YUHNKE-RE-ASSISTANCE IN PROVIDING BETTER SERVICE TO THE DISABLED Dear Councilman Golombek: We are respectfully asking for your necessary assistance so that, together, we can provide better service to our disabled citizens. These individuals are obviously deserving of our support. The City of Buffalo,along with the providers of public transportation, have the moral responsibility and ability to fix this currently inefficient system.We are ready,willing and able to respond but we cannot do it without your assistance. Liberty Communications, Inc., Liberty Medicar, Inc. (Liberty Cab/Yellow Cab), along with some of the additional regional public transportation providers, currently manage limited fleets of wheelchair-accessible vehicles (picture enclosed). These are designed to meet the increasingly growing needs of the disabled and/or handicapped population. Most of us take for granted the ability to travel independently to and from our homes, hotels, sporting events, shopping malls,grocery stores,hospitals/clinics,airports,etc. For our disabled residents,these trips require specially-equipped vehicles and trained staffs. Our region's ability to meet these needs is, itself, now handicapped and does not adequately meet these needs due to an alarming shortage of licensed vehicles required to serve these citizens.With your help,this can be solved. We are urgently requesting that the City of Buffalo issue twenty-five new Wheelchair Taxi Medallions that will be fully dedicated for this purpose. These Wheelchair Taxis should be regulated at the already established rate and every driver assigned to these vehicles will have a valid Hacker's License from the City of Buffalo.They will continue to be specifically trained and qualified for this critically important service.These new vehicles will have clearly-marked permits identifying them as Wheelchair Taxis and these permits will only be able to be transferred to another Wheelchair Taxi. The disabled community has been reaching out for quite some time for the equal access that we all take for granted. It's time we step and take better care of this vulnerable segment of our society.The prompt issuance of these Medallions will be a significant step in that direction. It is the right thing to do. REFERRED TO THE TASK FORCE ON TAXICABS AND LIVERIES NO.749 HSR AIRPORT PERMIT MODIFICATION FOR KALEIDA HEALTH'S JOHN R.OISHEI CHILDREN'S HOSPITAL'S HELIPAD Dear Ladies and Gentlemen: On behalf of Kaleida Health("Kaleida'),we are submitting this Letter of Intent and attached Exhibits("Application")seeking an amendment to Kaleida's existing Private Airport permit associated with the proposed Buffalo General Helipad(the"Helipad").The second Helipad will be constructed on the top of the John R.Oishei Children's Hospital of Buffalo Building currently under"construction at 818 Ellicott Street, Buffalo, NY 14203(the"Site")and was approved by the City of Buffalo Planning Board as part of the original approvals for the hospital. The following exhibits are attached hereto and made part of this Letter of Intent in furtherance of this Application: Exhibit"A"-Site Details-Survey Exhibit"B"-Helipad Details Exhibit,'C"-Proposed Approach and Departure Path Plans Exhibit"D"-Federal Aviation Administration Approval Exhibit"E"-New York State Department of Health Approval Exhibit"F"-State Environmental Quality Review Act Full Environmental Assessment Form(FEAF) Mr. Rivera move: 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 Hopkins Sorgi & Romanowski PLLC seeking an amendment to Kaleida Health's existing Private Airport permit associated with the proposed Buffalo General Helipad to construct a second helipad on the top of the John R. Oishei Children's Hospital of Buffalo currently under construction PASSED AYES-9 NOES-0 NO.750 K.LEE-REQUEST AN EMERGENCY SEX OFFENDER TASK FORCE MEETING Registered Sex Offender Awareness Task Force CHAIRMAN-KEYON LEE March 23,2016 Request to convene an Emergency Task Force meeting to consider additional information and to amend submitted recommendations. Per the attached legislation from the Sex Offender Registration Act Sec. 168(6)(c)Chairperson Keyon Lee would like to reconvene the Registered Sex Offender Awareness Task Force to amend the submitted recommendations of February 2016,to reflect directives in the Act. If the risk of repeat offense is high and there exists a threat to the public safety a level three designation shall be given to such sex offender. In such case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the sex offender's exact name and any aliases used by the offender,exact address,address of the offender's place of employment,background information including the offender's crime of conviction,mode of operation,type of victim targeted,the name and address of any institution of higher education at which the sex offender is enrolled,attends,is employed or resides and the description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender.Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition,in such case,the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law,such information shall,upon request,be made available to the public.Such law enforcement agencies shall compile,maintain and update a listing of vulnerable organizational entities within its jurisdiction.Such listing shall be utilized for notification of such organizations in disseminating such information on level three sex offenders pursuant to this paragraph.Such listing shall include and not be limited to:superintendents of schools or chief school administrators,superintendents of parks,public and private libraries,public and private school bus transportation companies,day care centers,nursery schools,pre-schools,neighborhood watch groups,community centers,civic associations,nursing homes,victim's advocacy groups and places of worship. Section 168(6)© ADOPTED NO.751 R.WYATT-UNIV FOOD STORE LICENSES THAT WERE APPROVED WITH CONDITIONS Attention: Please find attached a list of Food Stores in the University District that were approved with conditions. Thank you. Rasheed N.C.Wyatt University District Councilmember List available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION AND ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO.752 V.FERRACCIO-DENIAL OF FOOD STORE LICENSE 529 DODGE Council President, I was directed to insp.529 Dodge ASAP at your request. However, I cannot approve for the following reasons:fence in disrepair at rt.side,garage in disrepair,garbage on left side of store. I also found(2)empty boxes of Newport100's next to the register which is a good sign that the store is selling loosies.Without witnessing a sale I cannot prove this. Due to the Holiday,the disapproval letter won't go out until Monday at the earliest.Any further questions regarding this matter please feel free to contact me. From: Richardson,Tawana N. Sent:Wednesday,March 23,2016 1:17 PM REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO.753 R.FONTANA-DENY FOOD STORE LICENSE AT 241 LUDINGTON(LOV) Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL PETITIONS NO.754 J.REINHART,AGENT,USE 742 DELAWARE FOR A GROUND IN A R5 ZONING DISTRICT (ELL)(HRG 4/5) REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO.755 D.GAGIARDO,OWNER,USE 535 MAIN FOR OUTDOOR PATIO IN THE DOWNTOWN OPPORTUNITY ZONING DISTRICT (HRG 4/5)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.756 P.JOHNSON,OWNER,USE 3172 BAILEY TO OPEN TAKE-OUT RESTAURANT IN THE KENSINGTON/BAILEY SPECIAL DISTRICT(HRG 4/5)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C.WYATT,CHAIRPERSON) NO.757 APPOINT JUDICIAL HEARING OFFICER(SCONIERS)(TRAF VIO) (CCP#16-548,03/15) Mr.Wyatt moved: That Communication 548 of March 15,2016,be received and filed and that the appointment of Rose H.Sconiers,48 Chatham, Buffalo, NY 14216 to the Position of Judicial Hearing Officer at the Salary of$300 per diem is hereby approved. PASSED AYES-9 NOES-0 NO.758 APPOINT SPEC ASSIT TO COMMISSIONER(EXEMPT)(RIZZO)(PW) (CCP#16-574,03/15) Mr.Wyatt moved: That Communication 574 of March 15,2016,be received and filed and that the appointment of Danielle M. Rizzo, 10 Frontenac, Buffalo, NY 14216 to the Position of Special Assistant to the Commissioner, Exempt at the Flat Salary of$40,373.00 is hereby approved. PASSED AYES-9 NOES-0 NO.759 APPOINT SUPERVISOR OF STREET SANITATION(PERM)(INTER)(HUPKOWICZ)(PW) (CCP#16-575,03/15) Mr.Wyatt moved: That Communication 575 of March 15,2016,be received and filed and that the Permanent appointment of Mark Hupkowicz,259 Fillmore Ave, Buffalo, NY 14206 to the Position of Supervisor of Street Sanitation,at the Intermediate Salary of$39,019.00 is hereby approved. PASSED AYES-9 NOES-0 NO.760 APPOINT POLICE CAPTAIN(CONT PERM)(TESTA)(POL) (CCP#15-577,03/15) Mr.Wyatt moved: That Communication 577 of March 15,2016,be received and filed and that the Contingent Permanent appointment of Scott A.Testa, 1577 Jamaica, Tonawanda, NY 14120 to the Position of Police Captain,at the Salary of$92,271.00 is hereby approved. PASSED AYES-9 NOES-0 NO.761 APPOINT POLICE INSPECTOR(PREM)(BARANSKI)(POL) (CCP#16-578,03/15) Mr.Wyatt moved: That Communication 578 of March 15,2016,be received and filed and that the Permanent appointment of Henry E. Baranski,282 Enchanted Forest Lancaster, NY 14086 to the Position of Police Inspector,at the Flat Salary of$100,897.00 is hereby approved. PASSED AYES-9 NOES-0 NO.762 APPOINT POLICE INSPECTOR(CONT PERM)(BLAKE)(POL) (CCP#16-579,03/15) Mr.Wyatt moved: That Communication 579 of March 15,2016,be received and Ned and that the Contingent Permanent appointment of William P. Blake,34 South Lane, Orchard Park, NY 1412'7 to the Position of Police Inspector,at the Flat Salary of$100,897.00 is hereby approved. PASSED AYES-9 NOES-0 NO.763 APPOINT POLICE LIEUTENANT(CONT PERM)(DANIELS,RAK)(POL) (CCP#16-580,03/15) Mr.Wyatt moved: That Communication 580 of March 15,2016,be received and filed and that the Contingent Permanent appointment of Davis Daniels,576 Swan St, Buffalo, NY 14210 and Genevieve A. Rak,26 Riverview Court,Grand Island, NY 14072 to the Position of Police Lieutenant,at the Flat Salary of $81,343.00 is hereby approved. PASSED AYES-9 NOES-0 NO.764 APPOINT POLICE LIEUTENANT(PERM)(LEONE)(POL) (CCP#16-581,03/15) Mr.Wyatt moved: That Communication 581 of March 15,2016,be received and filed and that the Permanent appointment of Craig J. Leone, 103 Avondale Place, Buffalo, NY 14210 to the Position of Police Lieutenant,at the Flat Salary of$81,343.00 is hereby approved. PASSED AYES-9 NOES-0 NO.765 APPOINT CLERK(PERM)(2ND STEP)(SPENCER)(EDPI) (CCP#16-596,03/15) Mr.Wyatt moved: That Communication 596 of March 15,2016,be received and filed and that the Permanent appointment of Joelle Spencer,599 E Amherst St, Buffalo, NY 14215 to the Position of Clerk, Permanent,at the Second Step of$34,572.00 is hereby approved. PASSED AYES-9 NOES-0 NO.766 APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(INTER)(BARNES)(PKG) (CCP#16-600,03/15) Mr.Wyatt moved: That Communication 600 of March 15,2016,be received and filed and that the Permanent appointment of Lynda A. Barnes, 17 Standish Rd, Buffalo, NY 14216 to the Position of Associate Account Clerk, Permanent,at the Intermediate Salary of$41,025.00 is hereby approved. PASSED AYES-9 NOES-0 NO.767 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CCP#16-607,03/15) Mr.Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A.FONTANA CHAIRMAN) NO.768 REFUND RESULTING FROM AUDIT STREET LIGHT AND ELECTRICITY ACCTS(COMPT) (CCP#16-554,03/15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.769 TRADE-IN OF VEHICLE-INTERNATIONAL DUMP TRUCK(DPW) (ITEM NO.573,C.C.P.,MAR.15,2016) Mr. Fontana moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to trade in the Division of Water vehicle listed below for the purchase of a new heavy duty vehicle: W210-2004 International Dump Truck The new equipment will be used for the repair and maintenance of the Water Distribution System and maintenance of the Colonel Ward Pumping Station. PASSED AYES-9 NOES-0 NO.770 ARMED GUARD SERVICES FOR CITY HALL(POLICE) (ITEM NO.576,C.C.P.,MAR,15,2016) Mr. Fontana moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement with G4S Secure Solutions USA,subject only to such notes and clarifications as are recommended by the Corporation Counsel in finalizing the terms of the agreement,to provide armed guard services for City Hall.The contractor was chosen through a Request for Proposals(RFP)process.The estimated contract value is $650,000.00 annually.With the following condition:Common Council Approves final contract PASSED/COND AYES—FEROLETO, FONTANA,GOLOMBEK, PRIDGEN, RIVERA,SCANLON,WINGO,WYATT 8 NOES FRANCZYK-1 NO.771 DENIAL OF LEVEL 3 APPLICAION FOR CORRECTION OF MULTIPLE PARCEL ERRORS ON FORM RP556-B(SCANLON) 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 denial of Level 3 Communications, LLC and Broadwing Communications, LLC("Level 3")applications for correction of multiple-parcel errors on From 556-b,pursuant to Tax Law Section 556-b for the 2010,2011 and 2012 tax years for the following reasons: 1. The fiber optic cable constitutes taxable real property under multiple sections of Section 102 of the Real Property Tax Law as follows: a. Fiber optic cable has been interpreted and taxed as real property for more than thirty years,and should continue to be taxed as real property; b. The fiber optic cable meets the definition of real property pursuant to Real Property Tax Law Section 102(12)0)and is taxable under that section; c. The fiber optic cable constitutes property for the distribution of light and is taxable and real property pursuant to Real Property Tax Law 102(f); d. The fiber optic cables constitute fixtures and are taxable real property pursuant to Section 102(12)9b)of the Real Property Tax Law; e. The Real Property Tax Law does not provide any tax exemption for fiber optic cable; f. Real Property Tax Law Section 102 does not contain any express or implied exclusion for fiber optic cable from the definition of taxable real property; g. The Legislative History of Real Property Tax Law Section 102 does not support Level 3's position that fiber optic cable does not constitute taxable real property and is not subject to real property taxation; h. The research articles submitted by Level 3 in the prior court case have no foundation,are not authoritative,were written many year after the New York State Legislature enacted the language contained in Real Property Tax Law Section 102,and there is no evidence the New York State Legislature considered those articles when the Legislation was enacted;and The RNC case,which applicant references in its applications,is factually and legally distinguishable from the circumstances involving Level 3's property located in Erie County. The RNC case involved property in New York City in a building,and not underground cables connected to taxable fiber optic cable in the right of way,as is the situation in Erie County. In addition,the RNC case is in a different department and is not binding on the Courts in the Appellate Division, Fourth Department. 2. The applications contain only conclusory allegations with respect to fiber optic cables,and fail to contain detailed and sufficient evidence with respect to the identity,location,composition and usage of its property and lines. The applications fail to contain any information from any engineer,expert, person,or employee with personal knowledge with respect to the cable lines in question. 3. The applications are procedurally improper. The applicants fail to establish a clerical error,unlawful entry,or an error in essential fact as those terms are defined by Section 550 of the Real Property Tax Law. Numerous Town tax assessors have also analyzed Level 3's claims and confirmed the analysis that the Level 3's allegations do not constitute an"unlawful entry"as that term is defined in Real Property Tax Law Section 550(7). There was no entry of assessed valuation on an assessment roll or tax roll made by an unauthorized person or body. 4. Form RP 556-b is wholly inapplicable to Level 3's application and claims. a. Real Property Tax Law Section 556-b is applicable only to four specific types of clerical errors,none of which exist or apply with respect to Level 3's claims. b. There was no"mistake in the determination or transcription of a special assessment"or"changes based on units of service provided by a special district." c. There was not mathematical error or real property located entirely outside the boundaries of the assessing unit. d. The Appellate Division,Third Judicial Department,has previously ruled that Level 3 incorrectly used RPTL Section 556-b to apply for the relief its seeks. Level 3 Communications c.Essex County, 129 A.D.3d 1255, 1257(3rd Dept.,2015). 5. Level 3's proper remedy is to bring a tax certiorari proceeding under Article 7 of the Real Property Tax Law challenging the assessments prospectively. The applications improperly seek retroactive tax refunds under inapplicable sections of the Real Property Tax Law. 6. The RP 556-b applications are time barred and untimely on the basis that they were filed after the expiration of the tax warrants. See RPTL Section 554;Level 3 Communications v.Essex County,Supreme Court, Essex County, Hon.T. Buchanan,decided May 29,2014. 7. The RP 556-b applications are also time-barred and untimely with respect to the 2010 tax year because they were not filed within three years from the annexation of the warrants for such taxes as required by Real Property Tax Law,Section 556(1)(a). 8. The applications are untimely and barred by the four-month statute of limitations because they were filed more than four months after the assessment rolls became final and binding. See Press v. County of Monroe,50 N.Y.2d 695(1980). 9. Level 3 failed to pay the taxes under a protest. The Voluntary Payment Doctrine bars Level 3 from recovery of taxes paid without protest. See Ci ty of Rochester v. Chiarella,65 N.Y.S.2d 92,98(1985); City of Rochester v. Chiarella,98 A.D.2d 8,9, 12(4`h Dept., 1983)aff'd 63 N.Y.2d 857(1984). a. Level 3's argument that Real Property Tax Law Section 556 allows recovery without protest is without merit since Section 556 does not state or provide an affirmative right to recover taxes without protest. Level 3 Communications,LLC v.Essex County, 129 A.D.3d 1255(3rd Dept.,2015); Community Health Plan v.Burkard,3 A.D.3d 724,725(3rd Dept.,2004). 10. The applications should be denied on public policy grounds because Level 3 voluntarily deferred it challenges to the public assessments for multiple years and exposed the municipalities and school districts to unnecessary retroactive disruption of their budgets. Press v. County of Monroe,50 N.Y.2d 695(1980); Solnick v. Whalen,49 N.Y.2d 224(1979). That the Common Council hereby approves the denial of all of the Level 3 Applications for Correction of Multiple-Parcel Errors on Form RO 556-b dated May 29,2013 in their entirety for the reasons set forth above. PASSED AYES 9, NOES 0 NO.772 REPORT ON EMERGENCY REHABILITATION LOAN PROGRAM(COMPT) (#174,02/2)(CCP#16-501,03/01) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.773 P.BURKE-EC LEG MUNICIPAL BROADBAND NETWORK (CCP#15-624,03/31) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.774 LETTER TO NATIONAL GRID RE STREET LIGHT AND ELECTRICITY ACCOUNTS (CCP#15-395,03/03) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK,JR.,CHAIRMAN) NO.775 AMENDMENT TO THE 2015-16 ANNUAL ACTION PLAN AND PRIOR YEAR ANNUAL ACTION PLANS(STRAT PLAN) (ITEM NO.546,C.C.P.,MAR.15,2016 Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council a recommendation for approval; That the Common Council hereby approves the Amendments to the 2015-2016 Annual Action Plan and Prior Year Annual Action Plans,to include projects/services that are already within the City's Annual Action Plan and adjust budget lines in the Annual Action Plan to support those commitments. The Northland Corridor Initiative is the only new project proposed. That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning and/or the Commissioner of Community Services to execute all agreements and related documents to carry out the projects identified in the amendment,consistent with the rules and regulations governing the CDBG and HOME programs;and that the Common Council hereby authorizes the Mayor,or his designee,to execute any necessary amendments and related documentation required or useful in facilitating the City's receipt and utilization of the subject funding. PASSED AYES-9 NOES-0 NO.776 U.WINGO,SR-CONCERNS REG THE RELOCATION OF TAPESTRY CHARTER SCHOOL (C.C.P.#16-487,MAR 1) Mr.Golombek Jr.now moves that the above item be Received and Filed. ADOPTED NO.777 U.WINGO,SR-N.SOTO-PB UPDATE (C.C.P.#16-487,MAR 1) Mr.Golombek Jr.now moves that the above item be Received and Filed. ADOPTED NO.778 U.WINGO,SR-DR.C.BREEM-LETTER OF CONCERN RE STOP SIGN REQUEST (C.C.P.#15-2556,DEC 22) Mr.Golombek Jr.now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P.SCANLON,CHAIRMAN) NO.779 FOOD STORE LICENSE(NEW)-475 FARGO(NIA)(EDPI) (C.C.P.#16-584,MAR 15) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED NO.780 FOOD STORE LICENSE(NEW)-1059 GRANT(NORTH)(DPIS) (ITEM NO.586,C.C.P.,MAR.15,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services hereby approves the application of Akram Aldairi d/b/a Aref Deli Inc.to operate a food store located at 1059 Grant Street. PASSED AYES 9, NOES 0 NO.781 FOOD STORE LICENSE(NEW)-289 HAMBURG(FILL)(DPIS) (ITEM NO.587,C.C.P.,MAR.15,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services hereby approves the application of Jamil Al Sheikh d/b/a Progress Food Market to operate a food store located at 289 Hamburg with the following conditions: 1. Hours of operations shall be 8:00 am to 11 pm Sunday-Thursday and 8:30 am to Midnight Friday&Saturday 2.Must have working security cameras inside&outside of store and must make tapes available upon request 3."No Loitering"signs to be posted and enforced by store employees 4. No spray painted,hand painted o air-brushed signage or graphics on building 5.Must have trash receptacles outside store and be maintained 6. No outside signage advertising tobacco,gambling(lottery),or alcohol 7. No selling of loose items-cigarettes,diapers,etc. 8. No payphones outside of store 9. No blocking of windows 10.All mechanical Equipment must be in working order 11.Any broken window must be repaired within 72 hours 12. No smoking in building 13.Any graffiti must be removed within 72 hours 14. No vehicles to be parked on sidewalks PASSED/COND AYES 9, NOES 0 NO.782 M.SCIORTINO,OWNER,TO USE 1518 HERTEL AS A RESTAURANT WITH NEW TENANT WITH OUTDOOR CAFE IN THE HERTEL AVENUE SPECIAL DISTRICT(DEL)(DPIS) (ITEM NO.616,C.C.P.,MAR.15,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of M.Sciortino,Owner,to establish a restaurant with a new tenant located at 1518 Hertel in the Hertel Avenue Special District. PASSED AYES-9 NOES-0 NO.783 A.JACOBI,OWNER,TO USE 141 ABBOTT TO REESTABLISH A RESTAURANT IN THE ABBOTT/MCKINLEY SPECIAL ZONING DISTRICT(SOUTH)(DPIS) (ITEM NO.618,C.C.P.,MAR.15,2016) 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 A.Jacobi,Owner,to reestablish a restricted use of a restaurant(new owner)located at 141 Abbott in the Abbott/McKinley Special Zoning District. PASSED AYES-9 NOES-0 NO.784 T.FERRO,AGENT,TO USE 1669 HERTEL A/K/A 1673 HERTEL TO CONVERT A PORTION OF AN EXISTING RESTAURANT TO A LIQUOR STORE IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT(DEL)(DPIS) (ITEM NO.620,C.C.P.,MAR.15,2016) 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. Ferro,Agent,to convert a portion of an existing restaurant to a liquor store located at 1669 Hertel Avenue a/k/a 1673 Hertel Avenue,located in the Hertel Avenue Special Zoning District. PASSED AYES-9 NOES-0 NO.785 D.SCOURAS,OWNER,TO USE 186 ALLEN TO PLACE AN OUTDOOR CAFE IN THE ALLEN STREET SPECIAL ZONING DISTRICT(FILL)(DPIS) (ITEM NO.621,C.C.P.,MAR.15,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D.Scouras,Owner,to place an outdoor café on the right-of-way in front of an existing restaurant,located at 186 Allen in the Alien Street Special Zoning District. PASSED AYES-9 NOES-0 NO.786 J.POPIELA,AGENT,TO USE 2 NOTTINGHAM TO PLACE AN LED GROUND SIGN(DEL)(DPIS) (ITEM NO.622,C.C.P.,MAR.15,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Popiela,Agent,to place an LED ground sign 6.25'high X 5.5'wide in a R1 zoning district at 2 Nottingham. PASSED AYES-9 NOES-0 NO.787 D.WILCOX,AGENT,TO USE 601 MAIN FOR SIGNAGE AT HOLIDAY INN EXPRESS(ELL)(DPIS) (ITEM NO.347,C.C.P.,FEB.16,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D.Wilcox,Agent,for signage at the Holiday Inn Express located at 601 Main. PASSED AYES-9 NOES-0 NO.788 2016 FOOD STORE LICENSE RENEWALS(DPIS) (ITEM NO.89,C.C.P.,JAN.19,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That pursuant to Chapter 194 of the City of Buffalo Ordinances-"Food Stores",specifically,Section 194-7.1 "Procedure governing license renewals",the list of Food Store Licenses expiring on April 1,2016:WITH THE FOLLOWING CONDITIONS: 1)Denial of Application for renewal-271 Ludington Street 2)Denial of Application for renewal-529 Dodge Street PASSED/COND AYES-9 NOES-0 NO.789 J.GOLOMBEK-RURAL METRO RESPONSE TO ACCIDENT (C.C.P.#16-109,JAN 19) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO.790 SPONSOR:COUNCILMEMBER FEROLETO WAIVE THE PERMIT FEES FOR THE PARKSIDE SUMMER ARTS PROGRAM Whereas,The Parkside Community Association(PCA)is a 501(c)(3)not-for-profit founded in 1963 and is the largest membership-based community association in the City of Buffalo;and, Whereas, For over thirty years,the Parkside Summer Arts Program has provided quality arts education programming for children aged 5-11 during their summer vacations;and, Whereas,The camp offers a network of instructors skilled in a wide variety of topics with a focus on direct experience,including topics ranging from literacy,math and science,to music,dance and art;and, Whereas,The Summer Arts Program will be held weekdays at Delaware Park from 8am-4pm,beginning on July 6`h'2016,and ending August 12`h 2016. Now,Therefore, Be It Resolved That: The Common Council hereby commends the Parkside Community Association for their dedication to education and enrichment of Buffalo children and their families;and, Be It Further Resolved That: The Common Council hereby waives the permit fees associated with holding the Summer Arts Program in Delaware Park from July 6`h'2016 through August 12`h,2016. Be It Finally Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO.791 SPONSOR:JOEL P.FEROLETO WAIVE PERMIT FEES FOR OLMSTED SCHOOL FOUNDATION'S FUN WALK 2016 Whereas,The Olmsted School Foundation will be holding its annual Fun Walk in Delaware Park on Friday,May 20,2016 from 9am-1 pm;and Whereas,The Fun Walk is an opportunity to bring the Olmsted community together to be active while raising funds for special projects,such as Lego Education materials for elementary classrooms,peer tutoring for middle school and high school students,and a scholarship for one of their Gifted and Talented teachers to attend the nation's premier gifted educated conferences at the University at Connecticut. Whereas,The Olmsted School Foundation is a 501(c)(3)not-for-profit that supports students,staff,and administrators of the Olmsted Schools-from Pre- K to Grade 12-by funding specific projects to enrich student's academic opportunities. Now,Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Olmsted School Foundation's Fun Walk 2016 for Friday,May 20,2016;and, Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO.792 BY: MR.FONTANA TRANSFER OF FUNDS 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: 17303002-423001 NYS Employee Pension $400,000 TO: 15050006-443303 Building&Fleet Maintenance-Drive Train Repairs $375,000 15050006-443302 Building&Fleet Maintenance—Collision Repairs $25,000 PASSED AYES 9, NOES 0 NO.793 BY: MR.FRANCZYK REPAIR CONDITION OF CLINTON STREET WHEREAS: Residents in the neighborhood popularly known as"Ghost Town"have long complained that the infrastructure on Clinton Street between Babcock Street east to Bailey is severely compromised;and, WHEREAS: Neighbors maintain that the street is falling or sinking at various points throughout the street,particularly at curb lines;and, WHEREAS:There appears to be a need to do a thorough inspection of the condition of Clinton Street in this area; NOW,THEREFORE BE IT RESOLVED: That the Public Works Department be requested to do an underground exploratory,detailed inspection of the street conditions of this part of Clinton Street with an eye toward determining what work has to be done to correct this problem permanently. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO.794 RESOLUTION IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MARCH 29,2016 COUNCIL MEMBER GOLOMBEK SUBMITTED THE FOLLOWING RESOLUTION: FEE WAIVER FOR FENIAN 150 Whereas,The Black Rock Riverside Alliance will be hosting Fenian 150 on June 4th 2016,a one-time event in the City of Buffalo that will benefit the Black Rock Historical Society by raising money to fund displays at the museum; Whereas,the event commemorates the Irish Fenian Invasion of Canada in 1866 and will involve a parade from 157 East Street to the foot of Hertel Avenue via Niagara Street; Whereas,A reception will be held at 1902 Niagara Street following the parade; Whereas,the Fenian 150 event is of historical and cultural significance to the Black Rock and Riverside communities: Now,Therefore Be It Resolved that The City of Buffalo Common Council-- 1)does hereby approve wavering all fees associated with the Fenian 150 event for June 4,2016; 2)requests that copies of this resolution be sent to the Department of Public Works, Parks and Streets,the Department of Special Events,and Corporation Counsel. PASSED AYES 9, NOES 0 NO.795 BY: MR.GOLOMBEK DATE:22 MARCH 2016 WAIVE SPECIAL EVENT AND TENT PERMIT FEES FOR BUFFALO CHERRY BLOSSOM FESTIVAL Whereas:The third annual Buffalo Cherry Blossom Festival will take place from April 30 to May 7,2016 in and around the Japanese Gardens,in Delaware Park and the Buffalo History Museum;and Whereas:The Buffalo Cherry Blossom Festival will feature eight days of music,activities,Japanese cultural presenters and entertainment;and Whereas:Most of the activities are free and open to the public;and Whereas:The festival will kick off with a Japanese Tea Ceremony at the Buffalo History Museum and will conclude with a closing ceremony on May 7, 2016; Now,Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event and Tent Permit Fees associated with the Buffalo Cherry Blossom Festival at the Japanese Gardens,in Delaware Park and the Buffalo History Museum from April 30 to May 7,2016;and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. PASSED AYES 9, NOES 0 NO.796 SPONSORED BY:DAVID A.RIVERA,NIAGARA DISTRICT COUNCIL MEMBER THE CITY OF BUFFALO RECOGNIZING THE FLAG OF THE FORMER REPUBLIC OF VIETNAM AS THE OFFICIAL SYMBOL OF THE VIETNAMESE-AMERICAN COMMUNITY Whereas,the current Government of Vietnam is a non-democratic regime that replaced the former Republic of Vietnam(South Vietnam);and Whereas,many Vietnamese-Americans left Vietnam as a result of the change of governments;and Whereas,it is the expressed desire of Vietnamese-Americans living in the City of Buffalo that the flag of the former Republic of Vietnam,which is comprised of three red horizontal stripes upon a field of gold,to hereby after be known as The Freedom and Heritage Flag of Vietnamese-Americans;and Whereas,the vast majority of Vietnamese-Americans embrace the flag of their former country as the symbol of their community;and Whereas,Vietnamese-Americans associate such flag as a symbol of resilience,freedom,and democracy within their community and; Be It Finally Resolved,that the City of Buffalo Common Council on this day formally recognizes the flag of the former Republic of Vietnam to be known as The Heritage Freedom Flag of Vietnamese-Americans and as the official symbol of the Vietnamese-American community. ADOPTED NO.797 SPONSORED BY:DAVID A.RIVERA,NIAGARA DISTRICT COUNCIL MEMBER PERMISSION TO HANG PRIDE FLAGS ON PORTIONS OF ELMWOOD AVENUE AND ALLEN STREET Whereas,The Pride Center of Western New York, Inc.("PCWNY")is an established 501 (c)3 not-for-profit organization whose mission is to work with the public to make Western New York a safe,healthy,and equitable place for the LGBT population;and Whereas,the month of June is when LGBT equality and diversity is celebrated and marked by a month of events and celebrations;and Whereas, PCWNY is requesting permission to hang Pride Flags specifically along Elmwood Avenue between Forest Avenue and Chippewa,as well as on Allen Street,from Main Street to Wadsworth;and Whereas,the installation of Pride Flags marks the beginning of many wonderful festivities that include an annual Pride Parade,concerts,and outreach opportunities;and Whereas, PCWNY requests the flags to be installed from May,24th-June,28th;and Whereas,The City of Buffalo Department of Public Works designed general guidelines for placement of flags that include the necessary information to fully comply with the requirements established. PCWNY has received a copy of these conditions provided by the above named Council Member that gives full understanding of the requirements to allow the placement of the requested flags;and Now,Therefore, Be It Resolved,That the requested banners,flags meet the requirements of all appropriate City Departments and that no existing laws, rules,or regulations be violated,particularly those found in Charter and Code Sections 387-15 or pertinent sections thereof;and Be It Further Resolved,That the Common Council of the City of Buffalo of does hereby grant permission to the Pride Center of WNY to hang flags located on portions of Elmwood Avenue and Allen Street in Buffalo and that copies of this resolution be forwarded to the Department of Public Works,the Arts Commission,and the Mayor's Office of Special Events to ensure the requested conditions are met prior to the installation of the request to hang the flags in the City of Buffalo. PASSED AYES 9, NOES 0 NO.798 SPONSORED BY:DAVID A.RIVERA,NIAGARA DISTRICT COUNCIL MEMBER WAIVER OF FEES FOR"WEST SIDE COMMUNITY CLEANUP" Whereas,on Saturday,May 7th,2016, Heart of the City Neighborhoods, Inc.will be hosting a volunteer driven West Side Community Cleanup on Grant Street between Lafayette and Bird Avenue;and Whereas,they will be having a sign in tent as well as providing tools for the clean-up at the location of 382 Grant Street,which is a City owned vacant lot; and Whereas,this is a wonderful event open to volunteers to help assist in trash pick-up and sidewalk clean-up on Grant Street and focusing on surrounding side streets;and Now,Therefore, Be It Resolved,that the City of Buffalo Common Council approves the waiving of all fees associated with this event;and Be It Further Resolved,'the City Clerk is directed to send a copy of this resolution to the Department of Real Estate and the Mayor's Special Events Office. PASSED AYES 9, NOES 0 NO.799 SPONSOR:CHRISTOPHER P.SCANLON ADOPT THE ERIE COUNTY OF NEW YORK,MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE Whereas:The City of Buffalo,with assistance from URS Corporation,has gathered information and prepared the Erie County of New York,Multi- Jurisdictional Hazard Mitigation Plan Update("The Plan");and Whereas:The Plan has been prepared in accordance with the Disaster Mitigation Act of 2000;and Whereas:The City of Buffalo is a local unit of government that has afforded the citizens of Buffalo an opportunity to comment on and provide input in the drafting of The Plan;and Whereas:The City of Buffalo has reviewed The Plan and affirms The Plan will be updated no less than every five years. Now,Therefore, Be It Resolved That the Common Council of The City of Buffalo adopts the Erie County of New York,Multi-Jurisdictional Hazard Mitigation Plan Update with plans to execute it as the jurisdiction's Natural Mitigation Plan ADOPTED NO.800 BY:COUNCIL MEMBER SCANLON HOME RULE REQUEST TO PASS ASSEMBLY BILL A.7895A,"AN ACT IN RELATION TO AUTHORIZING SEAN WILLIAM MCCABE TO FILE A REQUEST FOR CHANGE OF BENEFIT COVERAGE WITH THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM". WHEREAS,Scan William McCabe,a member of the New York State and local police and fire retirement system who was first employed by the Buffalo Police Department on July 31,2009,who,for reasons not ascribable to his own negligence,filed an election to be covered by the benefits of article 22 of the retirement and social security law shall be deemed to be covered by the benefits of article 14 of such law,and the retirement plan contained in subdivision F of section 384 of this law retroactive to July 31,2009;and WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted; NOW,THEREFORE, BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows: To the Legislature: Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of Assembly Bill No.A.7895,entitled"An act in relation to authorizing Sean William McCabe to file a request for change of benefit coverage with the New York State and local police and fire retirement system". It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows Sean William McCabe,an employee of the City of Buffalo,to change his retirement status from Tier 5 to Tier 3.This bill allows Mr. McCabe to be granted Tier 3 status in the New York State and local police and fire retirement system,a status he has rightfully earned. AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly,the Home Rule Counsel of the New York State Senate,and the local delegation of the New York State Legislature. ADOPTED NO.801 BY:COUNCIL MEMBER SCANLON HOME RULE REQUEST TO PASS SENATE BILL S.3528A,"AN ACT IN RELATION TO AUTHORIZING SEAN WILLIAM MCCABE TO FILE A REQUEST FOR CHANGE OF BENEFIT COVERAGE WITH THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM". WHEREAS,Sean William McCabe,a member of the New York State and local police and fire retirement system who was first employed by the Buffalo Police Department on July 31,2009,who,for reasons not ascribable to his own negligence,elected to participate in the non-contributory retirement plan, shall be deemed to be covered by the benefits of the retirement plan contained in subdivision F of section 384 retroactive to July 31,2009;and WHEREAS,it is in the interest of the City of Buffalo that such legislation be enacted; NOW THEREFORE BE IT RESOLVED,that the City Clerk send a Home Rule Request to the New York State Legislature,as follows: To the Legislature: Pursuant to Article IX of the Constitution,the City of Buffalo requests the enactment of Senate Bill No.S.3528,entitled"An act that relates to the authorization of the New York State and local police and fire retirement system to designate Scan William McCabe as a Tier 3 member". It is hereby stated that a necessity exists for the enactment of such legislation,and that the facts establishing such necessity are as follows:The local government does not have the power to enact such legislation by local law. EXPLANATION This legislation allows Scan William McCabe,an employee of the City of Buffalo,to change his retirement status from Tier 5 to Tier 3.This bill allows Mr. McCabe to be granted Tier 3 status in the New York State and local police and fire retirement system,a status he has rightfully earned. AND BE IT FURTHER RESOLVED,that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate,the Home Rule Counsel of the New York State Assembly,and the local delegation of the New York State Legislature. ADOPTED NO.802 BY: RASHEED N.C.WYATT UNIVERSITY DISTRICT COUNCILMEMBER WAIVE SPECIAL EVENT FEES/PERMIT FEES FOR ONE DAY UNIVERSITY UNITED FESTIVAL JUNE 12,2016 AT ROTARY FIELD IN THE UNIVERSITY DISTRICT Date:Tuesday,March 29,2016 Whereas,The University District will host its 2-Id Annual University United Festival on Sunday,June 12,2016. Hours of operation will be 11am-7pm at University at Buffalo's Rotary Field in the University District. Whereas,The University United Festival will utilize the band shell from 7:00am until 8:00pm on Sunday,June 12,2016; Whereas, Permittees shall furnish to the City of Buffalo proper liability insurance as determined by Special Event Committee and Corporation Counsel; Whereas, Permittees shall assume complete responsibility for removing barriers,decorations,barricades,stands,equipment and any trash or debris in the area arising out of the festival; Whereas, Permittees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable,and with all directives of various city departments,including Police, Fire,Street and Sanitation,Transportation,and Public Works; Whereas, Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo,as set forth by the Special Events Committee. Now,Therefore, Be It Resolved, That the Common Council approves waiving all permit fees associated with this event;and Be It Further Resolved, That copies of this resolution be sent to the Department of Public Works, Parks and Streets,the Department of Permits and Inspections,the Department of Special Events and the Buffalo Police Department. PASSED AYES 9, NOES 0 NO.803 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. Thomas H. Rentz Fabio A.Seballos Andrew C.Strell Erich S.Weyant Clara Wroblewski Total:5 ADOPTED NO.804 BY: RASHEED N.C.WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s)are hereby appointed as Commissioner of Deeds for the term ending December 31,2016,conditional,upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Lydia Baines Charles E.Sankey TOTAL:2 ADOPTED NO.805 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 Tuesday,April 5,2016 at 9:45 o'clock A.M. Committee on Finance Tuesday,April 5,2016 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday,April 5,2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday,April 5,2016 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday,April 7,2016 at 5:30 o'clock P.M. (Public Disclaimer):All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification,it will be provided. In addition,there may be meetings set up whereby the City Clerk's Office is not made aware. therefore,unless we receive notice from the respective Chairmen,we can only make notification of what we are made aware. NO.806 ADJOURNMENT On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 3:30 PM GERALD A.CHWALINSKI CITY CLERK