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HomeMy WebLinkAbout16-0524 NO. 11 PROCEEDINGS OF THE CITY OF BUFFALO MAY 24, 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 May 24,2016 FINAL Pledge of Allegiance Invocation 1139- 1.Felicitation/in Memoriam ADOPT MAYOR MAYOR-EXECUTIVE 1140- 2.Cit Serv-Submission of Monthly Report-April 2016 R&F 1141- 3. Strat Plan-Amend Lease Agmt Btwn COB and Grassroots Gardens- Delete One(1)Property 150 Coit APP 1142- 4. Strat Plan-Amend Lease Agmt Btwn COB and Grassroots Gardens-Add(3) Properties(304 and 306 Seventh St and 2115 Fillmore) APP 1143- 5.Permission to Designate Developer 432,434,438,440,442 Adams and 401, 403,405,409,411,445,447,449 Monroe(Ell) CD 1144- 6.Permission to Designate Developer 59 Memorial(Fill) APP 1145- 7.Report of Sale-160 Adams(Ell) CD 1146- 8.Report of Sale-58 Clarence(Univ) CD 1147- 9.Report of Sale-298 Fifteenth(Nia) APP 1148- 10.Report of Sale-45 Holland Pl(Ell) CD 1149- 11.Report of Sale-441 Hopkins(South) CD 1150- 12.Report of Sale-704 Jefferson(Ell) CD 1151- 13.Report of Sale-243&245 Kensington(Masten) CD 1152- 14.Report of Sale-137 Kingsley and 535 E.Utica(Ell) CD 1153- 15.Report of Sale-19 Rey(Ell) CD 1154- 16.Report of Sale-46,54&58 Roetzer, 1345 Genesee(Fill) APP 1155- 17.Report of Sale-65 Rother(Fill) APP 1156- 18.Report of Sale-211 Sweet(Fill) APP 1157- 19.Report of Sale-67 Weimar(Lov) APP 1158- 20.Rescind Sale 22 and 24 B Street(Fill) APP 1159- 21.Transfer of 509 Michigan from Bib Urban Renewal Agency to COB APP COMPTROLLER 1160- 21A Certificate of Necessity-Transfer in Funds-Permits Land Improvements R&F 1161- 22.2015-2016 Third Quarter Gap Sheets Report FIN 1162- 23.2016-2017 Budget Response R&F 1163- 24.Certificate of Necessity-City Clerk R&F 1164- 25.Interfund Cash Loan APP ASSESSMENT 1165- 26.Appoint Account Clerk Typist(Temp)(Inter)(Jones) CS 1166- 27.Appoint Account Clerk Typist(Prov)(Max)(Hennings) CS PUBLIC WORKS 1167- 28.Change in Contract Cazenovia Casino Structural Reconstr&Tile Replacement APP 1168- 28A Change in Contract-Dudley Library-HVAC Upgrades(South) APP 1169- 29.Change in Contract Nichter Constr 332 E.Utica Public Fac Improv APP 1170- 30.Engine#21-Correction Emergency Generator Replacement(Masten) APP 1171- 31.Increase in Award City-Wide Curb&Sidewalk Replacement 2016 CDBG Yr-40 Group 874A APP 1172- 32.Increase in Award City-Wide Curb&Sidewalk Replacement 2016 CDBG Yr-40 Group 874B APP 1173- 33.Increase in Encumbrance Watts Arch and Engr CDBG Streets and Sidewalks YR-40 to YR-42 APP 1174- 34.Permission to Enter Agmt Bib Zoological Society Main Bldg&Reptile House Roof Reconstr(Del) APP 1175- 35.Report of Bids City-Wide Curb&Sidewalk Replacement 2016 Group 858 APP 1176- 36.Report of Bids City-Wide Mill&Overlay 2016 Group 856 APP 1177- 36A Report of Bids-Seneca Babcock CC-Public Facilities Imp(Lov) APP 1178- 37.Report of Bids City-Wide Site Specific Concrete Replacement 2016 DPW Group 872 APP 1179- 38.Report of Bids Water Distribution System Improvements Locations#1 APP 1180- 38A Report of Bids Correction-West Side CC-Mech Reconstruction APP 1181- 39.Appoint Associate Engineer(Perm)(Max)(Hapke) CS 1182- 40.Appoint Principal Engineer(Temp)(Inter)(Buccilli) CS 1183- 41.Appoint Water Line Inspector(Perm)(Max)(Sullivan) CS 1184- 42.Appoint Water Service Inspector(Perm)(Inter)(Zmuda) CS 1185- 43.Appoint Chief Pumping Plant Engineer(Perm)(Max)(Moffett) CS 1186- 44.Appoint Water Distribution Superintendent(Perm)(Step 5)(Wolasz Jr) CS 1187- 45.Appoint Assistant Water Distribution Superintendent (Perm)(Step 4)(Karbowski) CS 1188- 46.Appoint Water Meter Mechanic Supervisor I(Perm)(Steps)(McCabe) CS 1189- 47.Appoint Water Meter Mechanic(Perm)(Inter)(Romanini) CS 1190- 48.Appoint Caulker Supervisor I(Perm)(Inter)(Anderson,Kreuz) CS 1191- 49.Appoint Senior Engineer(Temp)(Inter)(Poleto) CS POLICE 1192- 50.Approval to Enter Into and Execute Contract With G4S Secure Solutions to Provide Armed Security Services for City Hall FIN 1193- 51.Permission to Accept 2016 State Homeland Security Funding APP 1194- 52.Permission to Accept 2016 Stonegarden Funds APP 1195- 53.Permission to Accept Mobile Buffalo Police App APP FIRE 1196- 54.Emergency Service Board Roster R&F 1197- 55.Appoint Account Clerk Typist(Perm)(Max)(Woodard) CS PERMITS AND INSPECTIONS 1198- 55A Food Store License(New)-2883 Bailey(aka 2887)(Univ) APP W/COND 1199- 55B Food Store License(New)-3209 Bailey(Univ) APP W/COND 1200- 55C Food Stor License(New)-1580 Genesee(aka 1588)(Fill) LEG 1201- 56.Food Store(New) 1727 Genesee(aka 1733)(Fill) LEG 1202- 57.Food Store(New)955 Tonawanda(North) APP W/COND 1203- 58.Food Store(New)59 Walden(Fill) LEG 1204- 58A Mobile Food Truck-Green Acres Ice Cream LEG 1205- 58B Request Approval to Enter Agmt Btwn COB&Hannah Demolition Emergency Demo 874 Walden(Lov) APP 1206- 59. Second Hand Dealer 982 Broadway(Fill) APP 1207- 60.Property Manager License Keith Keene,235 N.Bryant St LEG 1208- 60A Property Manager License Jacob Lea-Kelly-140 Linwood(Ell) LEG CITY CLERK 1209- 61.Items returned by Mayor without Approval/Disapproval(04/26/16) R&F 1210- 62.Liquor License Applications R&F 1211- 63.Leaves of Absence R&F 1212- 64.Acting Time R&F 1213- 65.Notices of Appointment-Seasonal R&F 1214- 66.Notices of Appointments-Temp/Prov/Perm CS MISCELLANEOUS 1215- 67.R.Barnett-Response RE:Solar Panel Systems CCP 4/26/16#1010 LEG 1216- 68.R.Barnett-Response RE:Proper Fire Setback Code Pertaining to Rooftop Solar Systems LEG 1217- 69.M.Kearns-Bank Shame Campaign Accountability Report FIN 1218- 70.B.Grant-Concerns Signage on Jefferson Avenue PW 1219- 71.R.Lee-Neighbors Connecting-Bulk Cable Discount Program for BMHA CD,BMHA 1220- 72.M.Romanowski-975& 1005 Fuhrmann Filing Rezone with NYS R&F 1221- 73.J. Smith-Concern Rezoning Gates Special Zoning District LEG 1222- 74.R.Wyatt-L.Hertienne-Neighbors Oppose Used Car Dealer at 300 Kenmore_CD,ZONING PETITIONS 1223- 75.M.Romanowski,Agent,Rezone 854 Ellicott From a Mixed R3&CM to a CM(Ell)(Hrg 5/31) LEG,CPBD,ZONING 1224- 76.A.Qasem,Owner,Use 2883 Bailey,For a New Owner of a Restaurant in The Kensington-Bailey Special District(Univ)(Hrg 5/31) LEG,CPBD 1225- 77.G.Herzog,Owner,Use 3199 Main to Operate a Restaurant/Bar in the Transit Station Area District(Univ)(Hrg 5/31) LEG,CPBD 1226- 78.A.Moore,Agent,Use 3 Lot Lines(aka 85 Silo City)to Convert Warehouse To a Restaurant in the Buffalo River Coastal Review District (South)(hrg 5/31) LEG,CPBD 1227- 79.R. Stanton,Owner,Use 415 Franklin to Install a Ground Sign in Front of A Mixed Use Building(Fill)(hrg 5/31) LEG,CPBD 1228- 80.F.Lazarus,Agent,Use 540 Colvin to Erect 17'High Pole Sign on Private Property In Front of Storage Building in a Cl Zoning District(Del)(Hrg 5/31) LEG,CPBD 1229- 81.F.Lazarus,Agent,Use 110 Genesee-To Erect a Billboard Sign on the Side Of a 4 Story Mixed Use Building in the Sign Overlay and Downtown Opportunity District(Ell)(hrg 5/31) LEG,CPBD 1230- 82.J.McCarthy,Owner,Use 225 Lexington for a Sidewalk Cafe(Fill)(no hrg) LEG,CPBD 1231- 83.M.Vertino&0-Petition for Wheel Chair Access for Shoshone Park CD,PW RESOLUTIONS 1271- 83A.Feroleto Waive Permit and Special Event Fees for Save the Michael's Of the World Light the Night Memorial APP 1272- 84.Feroleto Waiving the Permit Fees for Buffalo Zoo Summer Program APP 1273- 85.Fontana Transfer of Funds-City Clerk APP 1274- 85AFontana Transfer in Funds-Permits Land Improvements APP 1275- 86.Franczyk Request City Fee Waivers for"National Summer Learning Day"at Canalside APP 1276- 86A.Franczyk Support for Shoreline Apartment Residents ADOPT 1'RES REM TO CD 1277- 87.Franczyk Waive Event Fees for Buffalo River Fest APP 1278- 88.Franczyk Waive Event Fee and Park Permit Fee for"Sperry Park Unity Day" APP 1279- 88A Golombek Waiver of Fees-Tom Hambridge Americana Music Festival APP 1280- 88B.Golombek Disch CD#16-1026 CCP 5/11/16-Report of Sale 1750& 1756 Genesee,23,25,29&31 Kilhoffer, 10& 14 Zenner CD 1281- 89.Pridgen Plans for Revitalization of Jefferson Ave from East Utica to Swan St ADOPT RES'S REM TO CD 1282- 90.Pridgen Second In-rem Auction for Large Properties ADOPT RES'S REM TO LEG 1283- 91. Scanlon Discharge CCP 16-932,Apr 26 Mobile Food Truck-Gourm Asian Bistro ADOPT,DISCH,APP 1284- 91A Scanlon Home Rule Request-Assembly Bill#A.9703-Auth Adam Markel Retro Membership in NYS Retirement Sys Tier 2 ADOPT 1285- 91B Scanlon Home Rule Request-Senate Bill#S.7111-Auth Adam Markel Retro Membership in NYS Retirement Sys Tier 2 ADOPT 1286- 91C Scanlon Local Law Intro#1-Article 24 Officers and Employees TABLE 1287- 92. Scanlon Waive Event Fees for Our Lady of Charity Outdoor Mass at Cazenovia Park APP 1288- 93.Wyatt Waive Special Event Fees/Permit Fees for Uptown Fresh Healthy Lifestyles Market APP 1289- 94.Wyatt Comm of Deeds ADOPT 1290- 95.Wyatt Comm of Deed-Public Duties ADOPT District Announcements Adjournment TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1232- 1. 16-1043 Com May 10 Appoint Community Recreation Aide(Perm)(Step 12)(El-Amin)(PW) APP 1233- 2. 16-1044 Com May 10 Appoint Water Line Inspector(Perm)(Max)(Sullivan)(PW) APP 1234- 3. 16-1056 Com May 10 Appoint Building Inspector(Prov)(2nd Step)(Pizarro)(EDPI) APP 1235- 4. 16-1057 Com May 10 Appoint Building Inspector(Temp)(Second Step)(Bates)(EDPI) APP 1236- 5. 16-1070 Com May 10 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F 1237- 6. 16-341 Com Feb 16 Notices of Appointments-Temp/Prov/Perm(Cty Clerk) R&F FINANCE 1238- 7. 16-1058 Corn May 10 Permission to Auction Scrap Vehicle(A&F) APP 1239- 8. 16-904 Corn Apr 26 Independent Consultant's Audit om the Common Council's Payroll Procedures(Compt) R&F 1240- 9. 16-424 Corn Mar 1 Fire Dept Response to Payroll Audit(Compt) R&F 1241- 10. 16-307 Corn Feb 16 Audit of Fire Dept Payroll Procedures(Compt) R&F 1242- 11. 15-2050 Corn Oct 13 R. Fontana-Response on Annual Audit Plans Filed With The Council RECOMMIT COMMUNITY DEVELOPMENT 1243- 12. 16-1017 Com May 10 Call for Artists-Allen St Extension Project(Arts Comm) R&F 1244-13. 16-1018 Com May 10 Call for Artists-Niagara St Now Streetscape Project(Arts Comm) R&F 1245-14. 16-1019 Com May 10 Call for Artist-Shoreline Trail Rehab Project(Arts Comm R&F 1246- 15. 16-1077 No May 10 B.Mapps-Request Non-Dev of City Lots-Which Comprise Inspiration Garden At Jefferson&Cherry St R&F 1247- 16. 16-898 Com Apr 26 Report of Sale-107 Edison(Univ)(Strat Plan) APP 1248- 17. 16-543 Com Mar 15 Creation of Art in Public Places Committees(ArtsComm) R&F LEGISLATION 1249- 18. 16-1049 ComMay 10 Mobile Food Truck 21 Florence Ave TUK TEA Co(EDPI) APP 1250- 19. 16-1050 Com May 10 Mobile Food Truck 22 Parkview and 188 Martin-LOMO LOMO(EDPI) APP 1251- 20. 16-1051 Com May 10 Mobile Food Truck 1423 Westwood and 447 Robinson-PAPA'S PIZZA(EDPI) APP 1252- 21. 16-1052 Com May 10 Property Management License-11 Summer St(Ell)(EDPI) APP 1253- 22. 16-1054 Com May 10 Used Car Dealer-2405 Bailey(Lov)(EDPI) APP 1254- 23. 16-1055 Com May 10 Used Car Dealer-982 Broadway(Fill)(EDPI) R&F 1255- 24. 16-1080 No May 10 A.Holycross,Agent,Use 1360 Niagara to Convert a Warehouse to a Mixed Use Residential Bldg in the Niagara Coastal District (hrg 5/17)(Nia) APP 1256- 25. 16-1082 No May 10 D.McMahon,Agent,Use 630 Ohio to Erect 2 Sets of Balconies at 2 Sides Of 1 Story Masonry Former Freight House in the Bflo Coastal Dist(hrg 5/17)(South) APP 1257- 26. 16-1083 No May 10 N.Abramo,Owner,Use 2 Russell for a Wrought Iron Railing on City ROW For an Outdoor Patio(Hrg 5/17)(Del) APP 1258- 27. 16-1085 No May 10 B.Baily,Jr.,Owner,Use 3223 Bailey to Reestablish a Used Auto Dealership Under New Ownership in the Kensington Bailey Zoning District(Univ)(5/17) APP/COND 1259- 28. 16-1134 Res May 10 Ord Amend-Ch 409 Statues and Monuments,Public Art(Golombek) APP 1260- 29. 16-1135 Res May 10 Ord Amend-Ch 316 Peddling and Soliciting(Pridgen) APP 1261- 30. 16-1111 No May 10 B.Bernatovicz,Agent,Use 625 Abbott for a Ground Sign(South)(hrg 5/3)(#16-959,4/26) APP 1262- 31. 16-1114 No May 10 Food Store License(New)-1560 South Park(South)(EDPI) (#16-589,3/15)(#16-981,4/26) RECOMMIT 1263- 32. 16-928 Com Apr 26 Food Store(New)-468 Niagara(Ell)(EDPI) DENY 1264- 33. 16-1007 Res Apr 26 Mobile Retail Business(Pridgen) R&F 1265- 34. 16-1009 Res Apr 26 Regulation of Mobile Canteen Trucks in the COB(Pridgen)(exc res) APP 1266- 35. 16-673 Res Mar 15 Ord Amend Ch 511 Zoning-Jefferson Ave(Pridgen)(Hrg 5/17) APP 1267- 36. 16-479 No Mar 1 D.Franczyk-M.Crawford-Concerns Canteen Trucks R&F 1268- 37. 15-2055 No Oct 13 D.Hall,Agent,Use 789 Tonawanda to Place a Ground Sign and 13 Various Types of Signs in a R@ District(North)(hrg 10/20) APP/COND 1269- 38. 14-2141 Res Oct 14 Instituting Fines Aimed at Stores Selling Untaxed Cigarettes (Fontana)(Exc Res) R&F 1270- 39. 14-1652 Res July 22 Side Street Speed Limit(Fontana)(Exc Res) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL-BUFFALO TUESDAY MAY 24,2016 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 May 10,2016 were approved NO.1139 FELICITATIONS/IN MEMORIAM Attached hereto are In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Rickey Smiley By Councilmember Pridgen In Memoriam for Charles"Chuck"Seibert By Councilmember Golombek In Memoriam for Jennifer Kipler By Councilmember Golombek In Memoriam for All Service Men&Women and Civilians who gave their life fighting for the freedom of others By Councilmember Pridgen ADOPTED FROM THE MAYOR FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO 1140 SUBMISSION OF MONTHLY REPORT FOR APRIL 2016 The Office of the Mayor, Division of Citizen Services,hereby submits,for your Honorable Body's review and approval,the monthly reports for the Mayor's Call and Resolution Center for April 2016,as mandated by Section 6-20(c)of the City of Buffalo's City Charter.This monthly statistical report details the number and nature of inquiries,requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.1141 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFAJ,0 AND GRASSROOTS GARDENS OF BUFFALO-DELETE ONE(1) PROPERTY(150 COIT) ITEM NO.2515,C.C.P.12/22/2015 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31,2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate,received a request from Grassroots Gardens of Buffalo, Inc.to amend their lease agreement to delete the following properties: Address Sponsor 150 Colt Street Michael Harter All other terms and conditions of the lease approved by the Common Council on October 3,2006 for the period of September 1,2006 through October 31,2010,shall remain the same. I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and delete 150 Coit Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated May 5,2016,be received and filed; That the Common Council hereby approves the amendment of the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to delete 150 Coit Street,and that all other terms and conditions of the lease approved by the Common Council on October 31,2010 shall remain the same. PASSED AYES-9 NOES-0 NO.1142 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO-ADD(3) PROPERTIES(304 AND 306 SEVENTH ST AND 2115 FILLMORE AVENUE) ITEM NO.483,C.C.P.3/17/2015 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31,2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend their lease agreement to add the following properties: Address Sponsor 304 and 306 Seventh St Jack Norton Donna Glasgow 104 Maryland 716-845-0485 2115 Fillmore Ave Dana Picone Cantalician Center 2094 George Urban Blvd. 716-901-8900 I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and add 304 Seventh Street,306 Seventh Street and 2115 Fillmore Avenue. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated May 17,2016, be received and filed; That the Common Council hereby approves the amendment of the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to add 304 and 306 Seventh Street,and 2115 Fillmore Avenue,and that all other terms and conditions of the lease approved by the Common Council on October 3,2006 for the period of September 1,2006 through October 31,2010 shall remain the same. PASSED AYES-9 NOES-0 NO.1143 PERMISSION TO DESIGNATE DEVELOPER 432,434,438,440,442 ADAMS AND 401,403,405,409,411,445,447,449 MONROE (THE PROPERTY) PLEASE SEE ATTACHED ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate received a proposal from Mr. Ricardo Herrera on behalf of The Buffalo Federation of Neighborhood Centers(BFNC),located at 97 Lemon Street, Buffalo NY 14204,for the purchase of 432,434,438,440,442 Adams and 401,403,405,409,411,445,447,and 449 Monroe. The Developer proposes the construction of an 85-unit Long Term Senior Support(LTSS)apartment complex for seniors,including seniors with mental illness and disabilities.The complex will include the historic Westminster Community House owned by BFNC and located at 421 Monroe Street,which is adjacent to the various City owned lots. The proposed apartment complex will be ADA-compliant and will feature the following services and amenities: • On-site specialized senior care coordination • Shared in-home personal aide services • Transportation for medical,long-term care,and basic needs appointments • Adult Day program • Partial PACE activities(Program of All-Inclusive Care for the Elderly) • Shared community space for Block Clubs and Community Coalitions The Westminster Place project is currently in the pre-construction phase. Westminster Place will be a 100%affordable senior housing facility with residents at the 60%area of the median income or less. The total project costs are estimated at$13,000,000.00(Thirteen million dollars). May 19,2016 BFNC-Designated Developer 432,434,438,440,442 Adams and 401,403,405,409,411,445,447,449 Monroe The proposed financing will include: • $2.8 million awarded to BFNC from the NYS Office of Mental Health • $1.245 million from the Federal and State Historic Tax Credits(applying) • NYS Homeless Housing and Assistance Program(applying) • New York State 4%Tax Credits The Office of Strategic Planning, Land Use Planning Committee, Division of Permits and Inspection Services and the Division of Collections have no objections to the sale.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.The developer held an informational community meeting to notify neighboring property owners and/or stakeholders about the project. The Office of Strategic Planning respectfully requests that Your Honorable Body designate the BFNC and/or a corporation,partnership or other legal entity to be designated by The BFNC as Developer and approved by the City of Buffalo,Office of Strategic Planning as Developer("Developer")of the Property subject to but not limited to the following terms and conditions: a.The designation will expire eighteen(18)months from the date the Common Council approves the designation. b. Payment of a designation fee of One Thousand Dollars($1,000.00)per month by Developer to the City,payable within five(5)days from the date of Common Council Approval of the designation and due thereafter the first day of every month. c. In the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account,the City shall retain all such fees and the Developer shall have no further rights with respect to the Property. d.The successful negotiation of a Land Disposition Agreement(LDA)for approval by the Common Council no later than eighteen(18) months from the date the Common Council approves the designation. e.Submission by the Developer of a detailed site plan of the project for the properties at Adams Street and Monroe Street for approval by the City of Buffalo Planning Board(if necessary)and construction plans,including landscaping and a breakdown of estimated total project costs,for review and approval by the City. f.Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo g.Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate,prior to entering a contract of sale and prior to Common Council approval. h.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said documents to be in form and substance acceptable to the City in the City's sole discretion. i.That the contract of sale will require that the Developer submits to the City an Alta Survey at Developer's sole cost and expense.The contract of sale shall also require that the Developer agrees to provide the City of Buffalo and any and all other affected utility companies with any easements,rights and access arrangements,that may be necessary,satisfactory to the City and the other affected utility companies in their sole discretion. j.The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter.The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer("Purchase Price"),which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. k. Upon signing of the contract for sale,there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit,in the amount of ten percent(10%)of the agreed upon Purchase Price. I. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth(5)of each month,beginning in the month following this designation. m. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. May 19,2016 BFNC-Designated Developer 432,434,438,440,442 Adams and 401,403,405,409,411,445,447,449 Monroe n.The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. o. Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the property,for the purpose of determining,to Developer's satisfaction, the suitability of the Property for Developer's intended use, and/or the presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended(C.E.R.C.L.A)42 USC ss 9601 et seq.:The Hazardous Materials Transportation Act,as amended,49 USC ss 1801 et seq.:The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, bylaw, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. p.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. q.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation. r.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to use its best efforts to pursue,a minority workforce goal of 25%,a woman workforce goal of 5%,a minority owned business enterprise(MBE)utilization goal of 25%and a women owned business enterprise(WBE)utilization goal of 5%of the project construction cost,to the extent that it is economically and technically feasible to do so. s.The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines,terms and conditions set forth above.Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will give written notice to the Developer via certified mail and allow the Redeveloper two(2) weeks to cure. I am requesting that your Honorable Body approve the designation of The Buffalo Federation of Neighborhood Centers with a mailing address of 97 Lemon Street, Buffalo, New York 14204 and/or a corporation,partnership,or other legal entity to be designated by Developer and approved by the City of Buffalo,as Developer of the above referenced Property on the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer for the development of the project on the Property;and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.1144 PERMISSION TO DESIGNATE DEVELOPER 59 MEMORIAL(THE PROPERTY) FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate received a request from Mr. Harry Stinson on behalf of JSK International LLC, located at 201 Rainbow Blvd, Niagara Falls, NY 14302,to be named designated developer for 59 Memorial Drive. The Central Terminal Restoration Corporation(CTRC)and the JSK International LLC have entered into a separate designated developer agreement for the redevelopment of 495 Paderewski Drive, Buffalo, NY 14212,formerly part of 59 Memorial Drive.CTRC is a non-for- profit preservation group,which is currently working to restore and re-purpose the complex.CTRC released an Request for Proposal for the Terminals redevelopment on March 20,2015. Harry Stinson/JSK International LLC was deemed the successful respondent to the RFP.Stinson proposes to restore Buffalo's Central Terminal and its adjacent acreage as a center of commercial activity for the immediate neighborhoods,the City of Buffalo and the surrounding region.This request is to allow the Developer a due diligence period in order to determine the viability of the project. The Office of Strategic Planning, Land Use Planning Committee, Division of Permits and Inspection Services and the Division of Collections have no objections to the request for designated developer.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. The Office of Strategic Planning respectfully requests that Your Honorable Body designate the JSK International LLC,partnership or other legal entity to be designated by JSK International LLC as Developer and approved by the City of Buffalo,Office of Strategic Planning as Developer("Developer")of the Property subject to but not limited to the following terms and conditions: a.The designation will be in effect for six(6)months from the date the Common Council approves the designation with one six(6)month extension at the discretion of the Executive Director of the Office of Strategic Planning. b. Payment of a designation fee of One Thousand Dollars($1,000.00)per month by Developer to the City,payable within five(5)days from the date of Common Council Approval of the designation and due thereafter the first day of every month. c. In the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account,the City shall retain all such fees and the Developer shall have no further rights with respect to the Property. d.The City of Buffalo's Department of Public Works,the Division of Streets and Sanitation reserves the right to continue the use of the site for snow storage. e.The successful negotiation of a Land Disposition Agreement(LDA)for approval by the Common Council no later than six(6)months from the date the Common Council approves the designation. f.Submission by the Developer of a detailed site plan of the project for 59 Memorial Drive for approval by the City of Buffalo Planning Board(if necessary)and construction plans,including landscaping and a breakdown of estimated total project costs,for review and approval by the City. g.Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo h.Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate,prior to entering a contract of sale and prior to Common Council approval. i.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said documents to be in form and substance acceptable to the City in the City's sole discretion. j.That the contract of sale will require that the Developer submits to the City an Alta Survey at Developer's sole cost and expense.The contract of sale shall also require that the Developer agrees to provide the City of Buffalo and any and all other affected utility companies with any easements,rights and access arrangements,that may be necessary,satisfactory to the City and the other affected utility companies in their sole discretion. k.The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter.The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer("Purchase Price"),which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. I. Upon signing of the contract for sale,there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit,in the amount of ten percent(10%)of the agreed upon Purchase Price. m. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth(5`h)of each month,beginning in the month following this designation. n. Submission by the Developer to the Office of Strategic Planning, Division of Real. Estate, of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. o.The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. p. Developer is responsible for performing any soil borings and soil investigations and any other tests,investigations,or surveys consistent with,and subject to execution and compliance with an Access, Indemnification and Insurance Agreement,by each and every Contractor hired by Developer that will access the property,for the purpose of determining,to Developer's satisfaction,the suitability of the Property for Developer's intended use,and/or the presence or absence of hazardous substances as such terms used in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended(C.E.R.C.LA)42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act,as amended,49 USC ss 1801 et seq.:The Resource Conservation and Recovery Act,as amended,42 USC ss 6901 et seq.:Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal,state, or local law,regulation,rule,ordinance,by-law,policy guidance,procedure,interpretation,decision,order,or directive,whether existing as of the date hereof,previously enforced or subsequently enacted.The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractor's accessing the Property. q.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. r.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to use its best efforts to pursue,a minority workforce goal of 25%,a woman workforce goal of 5%,a minority owned business enterprise(MBE)utilization goal of 25%and a women owned business enterprise(WBE)utilization goal of 5%of the project construction cost,to the extent that it is economically and technically feasible to do so. s.The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines,terms and conditions set forth above.Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will give written notice to the Developer via certified mail and allow the Redeveloper two(2) weeks to cure. I am requesting that your Honorable Body approve the designation of JSK International LLC,with a mailing address of 201 Rainbow Blvd, Niagara Falls, NY 14302 and/or a corporation,partnership,or other legal entity to be designated by Developer and approved by the City of Buffalo,as Developer of the above referenced Property on the above terms and conditions;authorize the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the Property to the Developer for the development of.the project on the Property;and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated May 19,2016, be received and filed;and That the Common Council hereby designates JSK International LLC,partnership or other legal entity to be designated by JSK International LLC(the"Developer")and approved by the City of Buffalo,Office of Strategic Planning,as Developer of 59 Memorial(the "Property"),for the redevelopment of 495 Paderewski Drive, Buffalo, New York 14212,formerly part of 59 Memorial Drive,subject to but not limited to the following terms and conditions: a. The designation will be in effect for six(6)months from the date the Common Council approves the designation with one six (6)month extension at the discretion of the Executive Director of the Office of Strategic Planning. b. Payment of a designation fee of One Thousand Dollars($1,000.00)per month by Developer to the City,payable within five(5) days from the date of the Common Council approval of the designation and due thereafter the first day of every month. c. In the event the Developer shall exercise its option to acquire said property pursuant to the Contract of Sale,said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory Land Disposition Agreement"(LDA")cannot be agreed upon, Developer shall forfeit all fees pain on account,the City shall retain all such fees and the Developer shall have no further rights with respect to the Property. d. The City of Buffalo's Department of Public Works,the Division of Streets and Sanitation,reserves the right to continue the use of the site for snow storage. e. The successful negotiation of a Land Disposition Agreement("LDA")for approval by the Common Council no later than six(6) months from the date the Common Council approves the designation. f. Submission by the Developer of a detailed site plan of the project for 59 Memorial Drive for approval by the City of Buffalo Planning Board(if necessary)and construction plans,including landscaping and a breakdown of estimated total project costs,for review and approval by the City. g. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo. h. Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate,prior to entering a Contract of Sale and prior to Common Council approval. That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said documents to be in form and substance acceptable to the City in the City's sole discretion. j. That the contract of sale will require that the Developer submits to the City an Alta Survey at Developer's sole cost and expense. The contract of sale shall also require that the Developer agrees to provide the City of Buffalo and any and all other affected utility companies with any easements,rights and access arrangements that may be necessary,satisfactory to the City and the other affected utility companies in their sole discretion. k. The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter. The purchase price of the Property shall be based upon a real estate appraisal to be obtained and paid for by the Developer("Purchase Price"),which said appraised value is subject to review and approval by the City of Buffalo Appraisal Review Board and approval by the Common Council. I. Upon signing the contract for sale,there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit,in the amount of ten percent(10%)of the agreed upon Purchase Price. m. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth(5`h)of each month,beginning in the month following this designation. n. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate,of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. o. The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. p. Developer is responsible for performing soil borings and soil investigations and any other tests,investigations,or surveys consistent with,and subject to,execution and compliance with an Access, Indemnification and Insurance Agreement,by each and every Contractor hired by Developer that will access the Property,for the purpose of determining,to Developer's satisfaction,the suitability of the Property for Developer's intend use,and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended,(C.E.R.C.L.A.)42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act,as amended,49 USC ss 1801 et seq.;the Resource Conservation and Recovery Act,as amended,42 USC ss 6901 et seq.;Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal,state or local law,regulation,rule,ordinance,by-law,policy guidance,procedure,interpretation,decision,order,rule or directive,whether existing as of the date hereof,previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all Contractors accessing the Property. q. That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo,Office of Strategic Planning,has agreed to be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action. r. That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo,Office of Strategic Planning,has agreed to use its best efforts to pursue a minority workforce goal of 25%,a woman workforce goal of 5%,a minority owned business enterprise(MBE)utilization goal of 25%and a women owned business enterprise(WBE)utilization goal of 5%of the project construction cost,to the extent that it is economically and technically feasible to do so. s. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines,terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will give written notice to the Developer via certified mail and allow the Redeveloper two(2)weeks to cure. That the Common Council hereby approves to extend the designation of JSK International LLC,with a mailing address of 201 Rainbow Blvd., Niagara Falls, New York 14302 and/or a corporation,partnership or other legal entity to be designated by the Developer and approved by the City of Buffalo,as Developer of the above referenced Property on the above terms and conditions;and that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of Property to the Developer for the development of the project on the Property;and that the Contract of Sale/LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES 9, NOES 0 NO.1145 160 ADAMS-VACANT LOT 200 S WILLIAM LOT SIZE:60,X 109' ASSESSED VALUE:$2,700 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Omayra Torres and Clarissa Torres to purchase 160 Adams Street.Omayra and Clarissa Torres who own and reside at 150 Adams, Buffalo, New York 14206 would like to purchase the lot for added green space for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. Omayra and Clarissa Torres have agreed and are prepared to pay Forty Six Cents($.46)per square foot for a total of Three Thousand Dollars($3,000)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 160 Adams St for the amount of Three Thousand Dollars($3,000)to Omayra and Clarissa Torres. 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.1146 REPORT OF SALE 58 CLARENCE-TWO FAMILY DWELLING 552.15 N KENSINGTON LOT SIZE:30'X 112' ASSESSED VALUE:$18,900 (UNIVERSITY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Lambert and Alicia Degraffenried,of 142 Southgate Road,Cheektowaga, New York 14215 to purchase 58 Clarence.Mr.and Mrs. Degraffenried would like to purchase the property to rehab for their daughter while she attends college.After college the property will be utilized as a rental.Mr.and Mrs. Degraffenried have estimated the cost of the renovations to be Fourteen Thousand and Seventy-Five Dollars($14,075).The renovation proposal has been reviewed by the Division of Real Estate.Mr.and Mrs. Degraffenried have 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.An appraisal was performed by KLW APPRAISAL GROUP, Inc.,and subsequently approved by the Appraisal Review Board,which determined the value of the property to be at Five Thousand Dollars($5,000.00). Mr.and Mrs. Degraffenried have agreed and are prepared to pay Five Thousand Dollars($5,000)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 58 Clarence for the amount of Five Thousand Dollars($5,000)to Lambert and Alicia Degraffenried. 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.1147 298 FIFTEENTH-VACANT LOT 125 NW MASS LOT SIZE:34.45'X 148'ASSESSED VALUE:$4,300(NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from David Sein and Arlene M.Quinones to purchase 298 Fifteenth Street.Mr.Sein and Ms.Quinones who own and reside at 300 Fifteenth Street, Buffalo, New York 14213 would like to purchase the lot for added green space for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. Mr.Sein and Ms.Quinones have agreed and are prepared to pay One Dollar Twenty Two Cents($1.22)per square foot for a total of Six Thousand Two Hundred Dollars($6,200)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 298 Fifteenth St for the amount of Six Thousand Two Hundred Dollars ($6,200)to David Sein and Arlene M.Quinones. 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 May 18,2016,be received and filed; That the offer from David Sein and Arlene M.Quinones of 300 Fifteenth Street, Buffalo, New York 14213 in the amount of Six Thousand Two Hundred Dollars($6,200.00)for the purchase of 298 Fifteenth 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.1148 REPORT OF SALE 45 HOLLAND PLACE-VACANT LOT 171.S RILEY LOT SIZE:30'X 131' ASSESSED VALUE:$1,600 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mahamat Babagana to purchase 45 Holland Place. Mr. Babagana who owns and resides at 49 Holland Place would like to purchase the lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to One Dollar($1.00)per square foot. Mr. Babagana has agreed and is prepared to pay Eighty Nine Cents($.89)per square foot for the parcel for a total of Three Thousand Five Hundred Dollars($3,500)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 45 Holland Place for the amount of Three Thousand Five Hundred Dollars($3,500)to Mr.Mahamat Babagana. 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.1149 REPORT OF SALE 441 HOPKINS-TWO FAMILY DWELLING 66.66 N PAYNE LOT SIZE:33.33'X 130' ASSESSED VALUE:$42,000 (SOUTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from David Kwiatkowski and Kevin Kwiatkowski,of 429 Hopkins St., Buffalo, New York 14220 to purchase 441 Hopkins Street. David and Kevin Kwiatkowski would like to purchase the property to rehab and reside. David and Kevin Kwiatkowski have estimated the cost of the renovations to be Forty-Seven Thousand and Four Hundred and Fifty Dollars($47,450).The renovation proposal has been reviewed by the Division of Real Estate. David and Kevin Kwiatkowski have 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.An appraisal was performed by KLW APPRAISAL GROUP, Inc.,and subsequently approved by the Appraisal Review Board,which determined the value of the property to be at Fifteen Thousand Five Hundred Dollars($15,500.00). David and Kevin Kwiatowski have agreed and are prepared to pay Fifteen Thousand Five Hundred Dollars($15,500)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 441 Hopkins Street for the amount of Fifteen Thousand Five Hundred Dollars($15,500)to David and Kevin Kwiatkowski. 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.1150 REPORT OF SALE 704 JEFFERSON-VACANT LOT 25.N DAVIS LOT SIZE:30'X 88.85' ASSESSED VALUE:$3,800 ELLICOTT DIDTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Jacqueline Johnson and Philip Johnson of 170 Forestview, Williamsville, NY 14221 to purchase 704 Jefferson.Mr.and Mrs.Johnson would like to purchase the lot for additional greenspace for their adjacent rental property located at 702 Jefferson. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents($.50)to Two Dollars and Twenty-Seven Cents ($2.27)per square foot. Mr.and Mrs.Johnson have agreed and is prepared to pay One Dollar and Eighty-Eight Cents($1.88)per square foot for the parcel for a total of Five Thousand Dollars($5,000)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 704 Jefferson for the amount of Five Thousand Dollars($5,000)to Mr. Philip Johnson and Mrs.Jacqueline 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.1151 REPORT OF SALE 243 KENSINGTON-VACANT LOT 427.50 W FILLMORE LOT SIZE: 100'X 200' ASSESSED VALUE:$15,000 (MASTEN DISTRICT) REPORT OF SALE 245 KENSINGTON-VACANT LOT 220 S OF 427.50 W FILLMORE LOT SIZE: 100'X 90' ASSESSED VALUE:$6,800 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Harold G. Hibbard,of 2939 Lockport Road, Niagara Falls, NY 14305 to purchase 243 and 245 Kensington Avenue.Mr. Hibbard would like to purchase the lots in order to have greenspace and a buffer between his manufacturing plant located at 239 Kensington and his neighbors. 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. An appraisal was performed by GAR Associates LLC and subsequently approved by the Appraisal Review Board,which determined the value of the property to be$20,000.00. Mr. Hibbard has agreed and is prepared to pay Twenty Thousand Dollars($20,000)for the parcels located at 243 and 245 Kensington Avenue. 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 243 and 245 Kensington Avenue for the amount of Twenty Thousand Dollars($20,000)to Mr. Harold G. Hibbard. 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.1152 REPORT OF SALE 137 KINGSLEY-VACANT LOT 42.40 E ROEHRER LOT SIZE:33'X 112' ASSESSED VALUE:$2,000 (ELLICOTT DISTRICT) REPORT OF SALE 535 EAST UTICA-VACANT LOT 519.W HUMBOLDT PKWY LOT SIZE:35'X 141' ASSESSED VALUE:$2,300 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Kamal Uddin,of 3406 12th Avenue, Brooklyn, New York 11218 to purchase 137 Kingsley Street and 535 East Utica Street.Mr. Uddin would like to purchase these lots for additional.yard space for his adjacent properties located at 133 Kingsley and 53! East Utica St.Mr. Uddinhas indicated that his son,Taufeef Uddin,who resides at 133 Kingsley,will be maintaining the properties on his behalf. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents($.30)to Seventy Cents($.70)per square foot. Mr. Uddin has agreed and is prepared to pay Fifty-Seven Cents($.57)per square foot for a total of Two Thousand One Hundred Dollars ($2,100)for 137 Kingsley and Fifty Cents($.50)per square foot for a total of Two Thousand Five Hundred Dollars($2,500)for 535 East Utica. 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 137 Kingsley St for the amount of Two Thousand One Hundred Dollars($2,100)and 535 East Utica for the amount of Two Thousand Five Hundred Dollars($2,500.00)to Kamal Uddin. 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.1153 REPORT OF SALE 19 REY VACANT LOT 193'E MORTIMER LOT SIZE:27'X 59'ASSESSED VALUE:$1,000 (ELLICOTT DISTRICT) Pursuant to Item Number 1852,CCP 9/15/15 Your Honorable body approved the sale of 19 Rey to Annette Austin to construct a new home. Due to clerical error the sale price was reported as One Thousand Five Hundred Dollars,(1,500.00)when in fact it should have been One Thousand Dollars(1,000.00). The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of this property on the following conditions: There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents($.45)to Seventy Five Cents($.75)per square foot. Ms.Austin Has agreed and is prepared to pay Sixty Two Cents($.62)per square foot for 19 Rey,for a total of One Thousand Five Hundred Dollars($1,000)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 19 Rey for the amount of One Thousand Dollars($1,000)to Annette Austin. 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.1154 REPORT OF SALE-45,54&58 ROETZER,1345 GENESEE(FILL) Report of Sale 46 Roetzer-Vacant Lot 364.75 S GENESEE Lot Size:30'x 130'Assessed Value:$1,100(Fillmore District) Report of Sale 54 Roetzer-Vacant Lot 334.75 S GENESEE Lot Size:30'x 130'Assessed Value:$1,100(Fillmore District) Report of Sale 58 Roetzer-Vacant Lot 304.75 S GENESEE Lot Size:30'x 130'Assessed Value:$1,100(Fillmore District) Report of Sale 1345 Genesee-Vacant Lot EAST COR. ROETZER Lot Size: 110.2'x 133.25'Irregular Assed Value:$6,000 Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Peter Cichocki on behalf of Camellia General Provision Co., Inc.,of 1333 Genesee Street, Buffalo, NY 14211 to purchase 46,54&58 Roetzer and 1345 Genesee Street.Camellia would like to purchase the lots in order to have the sufficient space required for parking and loading docks. The Office of Strategic Planning Land Use Planning Committee. Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy-Seven Cents($.77)to One Dollar and Twenty-Three Cents/$1.23)per square foot for properties on Genesee Street and Forty Cents($.40)to Sixty-One Cents($.61)per square foot for properties on Roetzer. Camellia General has agreed and is prepared to pay Eighty Cents($.80)per square foot for the parcel located at 1345 Genesee for a total of Twelve Thousand Two Hundred Dollars($12,200)and Fifty Cents 1$.50)per square foot for the parcels located at 46,54&58 Roetzer for a total of Five Thousand Eight Hundred Dollars($5,800).Total sale price for the above referenced properties shall be Eighteen Thousand Dollars($18.000).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 46 Roetzer,54 Roetzer,58 Roetzer and 1345 Genesee for the amount of Eighteen Thousand Dollars($18,000)to Camellia General Provision Co., Inc. 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 May 17,2016,be received and filed; That the offer from Peter Cichocki,on behalf of Camellia General Provision Co., Inc., 1333 Genesee Street, Buffalo, New York 14211 in the amount of Eighteen Thousand Dollars($18,000.00)for the purchase of 46 Roetzer,54 Roetzer,58 Roetzer and 1345 Genesee 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.1155 REPORT OF SALE 65 ROTHER-TWO FAMILY DWELLING 287'S STANISLAUS LOT SIZE:30'X 97' ASSESSED VALUATION:$7,500 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr.Abdul Subedar, 137 Stanislaus, Buffalo, New York 14212to purchase 65 Rother Avenue.Mr.Subedar will renovate the dwelling for use as his primary residence. He has estimated the cost of renovations to be Eighteen Thousand Four Hundred Dollars($18,400)that has been reviewed by the Division of Real Estate.Mr. Subedar has provided proof of financial ability to complete the purchase and repair the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale.There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty One Cents($.51)to Two Dollars Fifty Seven Cents($2.57)per square foot. Mr.Subedar has agreed and is prepared to pay One Dollar Twenty Cents($1.20)per square foot for a total of Three Thousand Five Hundred Dollars($3,500.00). 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 65 Rother Avenue to Mr.Subedar for the amount of Three Thousand Five Hundred Dollars($3,500). 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 May 18,2016,be received and filed; That the offer from Mr.Abdul Subedar of 137 Stanislaus, Buffalo, New York 14212 in the amount of Three Thousand Five Hundred Dollars($3,500.00)for the purchase of 65 Rother 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.1156 REPORT OF SALE 211 SWEET VACANT LOT 417.38 N BROADWAY LOT SIZE:30'X 94'ASSESSED VALUE:$1,500 (FILLMORE) The Office of Strategic Planning, Division of Real Estate has received a request from Mr.A Huqkhan to purchase 211 Sweet Street.Mr. Huqkhan who owns and resides at 215 Sweet, Buffalo, N.Y. 14212 would like to purchase the lot for added green space The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Huqkhan has agreed and is prepared to pay Sixty Four Cents($.64)per square foot for a total of One Thousand Eight Hundred Dollars($1,800)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 211 Sweet St for the amount of One Thousand Eight Hundred Dollars ($1,800)to Mr.A Huqkhan. 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 May 18,2016,be received and filed; That the offer from MD A Huqkhan of 215 Sweet, Buffalo, New York 14212 in the amount of One Thousand Eight Hundred Dollars ($1,800.00)for the purchase of 211 Sweet 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.1157 REPORT OF SALE 67 WEIMAR VACANT LOT 785 S CASIMER LOT SIZE:30'X 100' ASSESSED VALUE:$3,800(LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr.Gary Freedman and Mrs. Katerina Syntelis- Freedman,69 Weimar, Buffalo, New York 14206 to purchase 67 Weimar Street.Mr.and Mrs. Freedman would like to purchase the lot for added green space for their adjacent property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Five Cents($.55)to One Dollar Twenty Six($1.26)per square foot. Mr.and Mrs. Freedman have agreed and is prepared to pay One Dollar Sixteen Cents($1.16)per square foot for a total of Three Thousand Five Hundred Dollars($3,500)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 67 Weimar for the amount of Three Thousand Five Hundred Dollars ($3,500)to Mr.and Mrs. Freedman. 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 May 18,2016,be received and filed; That the offer from Mr.Gary Freedman and Mrs. Katerina Syntelis-Freedman of 69 Weimar, Buffalo, New York 14206 in the amount of Three Thousand Five Hundred Dollars($3,500.00)for the purchase of 67 Weimar 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.1158 RESCIND SALE 22 AND 24 B STREET (FILLMORE DISTRICT) PRIOR COUNCIL REFERENCE: No. 164,C.C.P.02/02/16 In the above referenced item Your Honorable Body approved the sale of 22 and 24 B Street to Mojib Tony, 16 B street, Buffalo, New York 14211,in the amount of Five Thousand($5,000.00). After Common Council approval of the sale,pursuant to section 4(d)of the sales contract,Mr.Tony conducted his due diligence inspection and determined the property is unsatisfactory for the purchaser's purposes.The purchaser is exercising their right to terminate the contract. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 22 and 24 B Street to Mojib Tony,return his deposit of Five Hundred($500)and return the property to our inventory for future sale. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated May 19,2016, 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 22 B Street and 24 B Street to Mojib Tony, 16 B Street, Buffalo, New York 14211,and the deposit of Five Hundred Dollars($500.00)down payment is refunded,and that the property be returned to inventory for future sale. PASSED AYES-9 NOES—0 NO.1159 TRANSFER OF 509 MICHIGAN FROM THE BUFFALO URBAN RENEWAL AGENCY TO THE CITY OF BUFFALO The City of Buffalo is interested in taking title to 509 Michigan from the Buffalo Urban Renewal Agency.The structure is a two-story 2,262 sq.ft.,vacant commercial building. The structure is being acquired for the purpose of furthering the goals and objectives of the Michigan Street Heritage Corridor as a multi- use cultural and heritage visitors complex which celebrates the historic contributions of the African-American community to the tapestry of the City of Buffalo. The City of Buffalo will take a leadership role in determining the funding,future use and design of the structure and it has been therefore determined that the structure should be transferred to the City of Buffalo. The structure was acquired with Community Development Block Grant Funds(CDBG)and therefore,the City will be required to comply with all CDBG regulatory requirements as to continued use,including but not limited to public notice of any proposed change of use. I am recommending that Your Honorable Body approve to accept the transfer of title of 509 Michigan from the Buffalo Urban Renewal Agency for One Dollar($1.00).The Buffalo Urban Renewal Agency will convey good and marketable title to the City of Buffalo.Any and all closing costs associated with the transfer of title will be paid by the Buffalo Urban Renewal Agency. The Buffalo Urban Renewal Agency will prepare the necessary documents to be reviewed and approved the City's Corporation Counsel's Office,prior to the transfer of title.The Mayor shall be authorized to execute the necessary documents in reference to the transfer of title. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated May 18,2016, be received and filed;and That the Common Council hereby approves the transfer of title of 509 Michigan from the Buffalo Urban Renewal Agency to the City of Buffalo for One Dollar($1.00);and that the Buffalo Urban Renewal Agency will convey good and marketable title to the City of Buffalo and will pay any and all closing costs associated with the transfer of title;and That the Common Council hereby authorizes the Buffalo Urban Renewal Agency to prepare the necessary documents to be reviewed and approved as to form by the City's Corporation Counsel's Office prior to the transfer of title;and that the Common Council hereby authorizes the Mayor to execute the necessary documents in reference to the transfer of title. PASSED AYES-9 NOES-0 FROM THE COMTROLLER NO.1160 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$4,100 be transferred and reappropriated as set forth below: From: 15512007-474200 Senior Services Vehicles Capital Outlay $4,100 To: 1655000-4741010 Permit Land Improvements $4,100 RECEIVED AND FILED NO.1161 2015-2016 THIRD QUARTER GAP SHEETS REPORT As required by the City Charter,we have reviewed the 2015-2016 Third Quarter Gap Sheets Report(Gap Report),which was prepared and submitted by the administration,and are filing this review and summation. The anticipated timing of certain receipts and expenditures for the last quarter of this fiscal year is unknown to our fiscal office.Therefore, past transactions were utilized to review the reasonableness of the projects as established by the administration. Unusual and non- recurring items were considered in this calculation and adjustments were made accordingly. The administration's Gap Report projects a$4.3 million surplus for the current year ending June 30,2016,based on actual results through March 31,2016,and projections for the period April 1,2016 through June 30,2016. This office's financial review of the year-end projection varies from that of the administration.As we noted in our past three Budget Responses,there continues to be unreliability in several significant sources of revenue. Both the inclusions of some revenue sources that may not be available,as well as the amount of revenue that will be relied upon from other sources,appear to be overly optimistic.As in the prior quarter,the administration has acknowledged that it expects to fall short materially on several revenue items.This department continues to agree that those items appear over-budgeted and may even come in lower than what the administration is currently identifying. Projected material revenues in the following areas remain questionable: • Traffic Violation Revenue • Sale of Land Revenue • Sales Tax Revenue It should be noted that some expenses are tracking significantly under budget,and if this trend continues,it may help to offset the questionable revenue projections. The expense savings we have experienced in recent years within the personal services area are beginning to narrow,and it's apparent that keeping positions unfilled has allowed the City to meet its budget. REFERRED TO THE COMMITTEE ON FINANCE NO.1162 2016-2017 BUDGET RESPONSE Pursuant to§20-7 of the Buffalo City Charter,attached is the Comptroller's assessment of the accuracy of the revenue and expenditure estimates of the 2016-2017 budget and the four-year financial plan for fiscal years ending 2017-2020. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO.1163 CERTIFICATE OF NECESSITY-CITY CLERK 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$33,500 be transferred and reappropriated as set forth below: From: 10220007-4451000 City Clerk-General Contracting $33,500 To: 13116007-473010 Street Lighting-Road Improvements $20,000 14160007-473020 PW-Parks,Golf Courses&Gardens Struct Improv $13,500 RECEIVED AND FILED NO.1164 INTERFUND 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$1,000,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000-GeneralFund TO: 3234-Cars on Main-Lower Main Grant Title: Main Street Multi-Modal Access and Revitalization Project Grant Agency: United States Department of Transportation Grant Amount: $2,160,000.00 Loan Amount: Maximum of$1,000,000.00 Mr. Rivera moved: That the above item be,and the above communication from the Department of Audit and Control/Comptroller,dated May 12,2016,be received and filed;and That the Common Council hereby approves an interfi.md cash loan in the amount of$2,160,000.00 for Cars on Main-Lower Main,Main Street Multi-Modal Access and Revitalization Project from the United States Department of Transportation.The loan is payable at the date of reimbursement. PASSED AYES-9 NOES-0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO.1165 APPOINT ACCOUNT CLERK TYPIST(TEMP)(INTER)(JONES Certificate of Appointment Appointment effective June 6,2016 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary Appointment Intermediate(step 13)Starting Salary of$36,657 Chrystal T.Jones,800 Glenwood Avenue, Buffalo NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1166 APPOINT ACCOUNT CLERK TYPIST(PROV)(MAX)(HENNINGS) Certificate of Appointment Appointment effective May 16,2016 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Provisional Appointment Maximum Starting Salary of$39,164 Jacqueline Hennings, 119 Delmar Mitchell Drive, Buffalo NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS NO.1167 CHANGE IN CONTRACT CAZENOVIA CASINO STRUCTURAL RECONSTRUCTION&TILE REPLACEMENT SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for Cazenovia Casino Structural Reconstruction&Tile Replacement, DiDonato Engineering&Architectural Professionals,C#93001580. The scope of work for this change order is for the facilitation of additional rehabilitation work such as: Rebuilding the concrete surround at the five(5)garage doors; Replacement of the four(4)sets of exit doors from the Main Floor of the building;Add motorized garage door openers to 2 overhead doors; Replace/Strengthen remaining critical structural elements of the main floor that weren't accomplished under the current rehabilitation contract work. Add$11,850 The foregoing changes result in a net increase in the contract of Eleven Thousand Eight Hundred Fifty Dollars and 0 Cents($11,850). Summary: Previous Amount Approved $43,160 Amount of This Change Order $11,850 Total Approved Amount to Date $55,010 Costs have been reviewed and the Department of Public Works, Parks&Streets and were found to be fa and equitable. Funds for this work will be available in account No.38322946-445100 Buildings. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 18,2016,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$11,850.00(Previously Amount Approved$43,160.00+Change Order#1 $11,850.00 for a Total Approved Amount of$55,010.00)for the Cazenovia Casino Structural Reconstruction and Tile Replacement,with DiDonato Engineering &Architectural Professionals,C#93001580. Funds for this work will be available in Account No.38322945-445100 Buildings. PASSED AYES-9 NOES-0 NO.1168 CHANGE IN CONTRACT DUDLEY LIBRARY HVAC UPGRADES JOB#1410 SOUTH DISTRICT PRIOR COUNCIL REFERENCE:#1117 of 5/27/14 I hereby submit to Your Honorable Body the following changes for Dudley Library, HVAV Upgrades, DV Brown and Associates,C #93001367. 1)Increase trap size on diffusers in library office Add $ 400 from 6"to 8" 2)Provide insulation on refrigerant suction lines to Add $ 1,778 alleviate the potential of condensation The foregoing changes result in a net increase in the contract of Two Thousand One Hundred Seventy Eight Dollars and 0 Cents ($2178). Summary: Previous Amount Approved $221,400 Amount of This Change Order $ 2,178 Total Approved Amount to Date $223,578 Costs have been reviewed and the Department of Public Works, Parks&Streets and were found to be fa and equitable. Funds for this work will be available in account No.38329206-445100 Buildings. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 20,2016,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$2,178.00(Previously Amount Approved$221,400.00+Change Order#1 $2,178.00 for a Total Approved Amount of$223,578.00)for the Dudley Library, HVAC Upgrades,with DV Brown and Associates,C#93001367. Funds for this work will be available in Account No.38329206-445100 Buildings. PASSED AYES 9, NOES 0 NO.1169 CHANGE IN CONTRACT NICHTER CONSTRUCTION,INC. 332 EAST UTICA PUBLIC FACILITIES IMPROVEMENTS PROJECT NO.37-50202 IDIS#8598 CONTRACT#H0000289 PRIOR COUNCIL REFERENCE:#814 of 4/28/15 I hereby submit to your Honorable Body the following change to the contract for the above named services.This change order includes Nichter Construction's deductive cost associated with omitting the sewer tap and slab removal as approved in the contract documents of the project facilities improvements at 332 East Utica Building. Previous approved amount $327,700.00 Deduct - 3,467.29 Total Approved Amount(not to exceed) $324,232.71 I respectfully certify that this change order is fair and equitable for the work involved,and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks&Streets to issue said decrease in encumbrance to Nichter Construction, Inc. Funds are available in CDBG Account#CG9B3037-470000. 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 May 18,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a decrease in encumbrance in the amount of$3,467.29(Previously Amount Approved$327,700.00-$324,232.71 for a Total Amount Approved not to exceed$324,232.71)for the Public Facilities Improvements,332 East Utica,with Nichter Construction, Inc., C#H0000289. Funds are available in CDBG Account#CG9B3037-470000. PASSED AYES 9, NOES 0 NO.1170 ENGINE#21 -CORRECTION EMERGENCY GENERATOR REPLACEMENT JOB#1510 MASTEN DISTRICT #2231 OF 11/10/15 I requested on October 6th,2015 and received the following sealed bids for the Engine#21, Emergency Generator Replacement project on October 27th,20! 5: General Construction Base Bid CIR Electrical $98,700 400 Ingham Ave., Buffalo, NY 14218 *Weydman Electric $119,300 747 Young St.,Tonawanda, NY 14150 *Weydman was deemed non-responsive due to incomplete proposal forms. I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical,with a Base Bid price of Ninety Eight Thousand Seven Hundred Dollars($98,700)+contingency of$10,000 for a total of One Hundred Eight Thousand Seven Hundred Dollars($108,700)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 33233406-445100. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated May 18,2016,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 Engine#21 Emergency General Replacement,with CIR Electrical,with a total bid amount of$108,700.00(Base Bid of $98,700.00+contingency of$10,000.00 for a total amount of$108,700.00). Funding for this contract is available in Account#33233406 -445100. PASSED AYES-9 NOES-0 NO.1171 INCREASE IN AWARD CITY-WIDE CURB&SIDEWALK REPLACEMENT 2016 CDBG YR-40 DPW GROUP 874A ITEM#570,03/15116 The subject contract was awarded by Your Honorable Body in the base bid amount of$578,357.50. I respectfully recommend an increase in the award amount not to exceed$171,642.50.This project was procured on the basis that the budget is$750,000.00,and that the City reserves the right to increase quantities to the available project budget.Additional funds have been made available and the Department of Public Works would like to utilize them to maximize the work completed during the construction season. Funds for this contract are available in#DJ9B2027-470000, DA9B2027-470000 and/or an account to be named at a later date. The engineer's estimate for this work is$790,000.00 Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated May 17,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets increase the award amount for City-wide Curb and Sidewalk Replacement 2016 not to exceed $171,642.50. 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-9NOES-0 NO.1172 INCREASE IN AWARD CITY-WIDE CURB&SIDEWALK REPLACEMENT 2016 CDBG YR-40 DPW GROUP 874B ITEM#571,03/15/16 The subject contract was awarded by Your Honorable Body in the base bid amount of$578,357.50. I respectfully recommend an increase in the award amount not to exceed$162,883.20.This project was procured on the basis that the budget is$720,000.00,and that the City reserves the right to increase quantities to the available project budget.Additional funds have been made available and the Department of Public Works would like to utilize them to maximize the work completed during the construction season. Funds for this contract are available in#DJ9B2027-470000, DA9B2027-470000 and/or an account to be named at a later date. The engineer's estimate for this work is$800,000.00 Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated May 17,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to increase the consultant contract with Watts Architecture and Engineering for CDBG Streets and Sidewalks Term Contract YR 40 to YR 42, Contract #H0000235, in the amount of $250,000.00 (Current Approval Amount $400,000.00 + Increase in Encumbrance $250,000.00 for an Updated Approval$650,000.00). Funds are available in CDBG Project Account#DJ9B2027-470000, DA9B2027-470000,and/or another account to be named at a future date. PASSED AYES-9NOES-0 NO.1173 INCREASE IN ENCUMBRANCE—WATTS ARCHITECTURE&ENGINEERING CDBG STREETS AND SIDEWALKS TERM CONTRACT YR 40 TO YR 42 CONTRACT#H0000235 (DPW)CCP#2277,11/12/14,CCP# 434,03/01/16 I hereby submit to your Honorable Body the following increase to the consultant contract to the above named contract. This increase in encumbrance is necessary based on additional project funding made available under the CDBG Streets and Sidewalks Program to be done under the term contract for CDBG YR 40 to YR 42professional services Current Approval Amount $400,000.00 Increase in Approval $250,000.00 Updated Approval $650,000.00 Funds are available in CDBG Project Account#DJ9B2027-470000, DA9B2027-470000,and/or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumberance to Watts Architecture and Engineering. 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 May 17,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to increase the consultant contract with Watts Architecture and Engineering for CDBG Streets and Sidewalks Term Contract YR 40 to YR 42, Contract #H0000235, in the amount of $250,000.00 (Current Approval Amount $400,000.00 + Increase in Encumbrance $250,000.00 for an Updated Approval$650,000.00). Funds are available in CDBG Project Account#DJ9B2027-470000, DA9B2027-470000,and/or another account to be named at a future date. PASSED AYES-9 NOES-0 NO.1174 PERMISSION TO ENTER INTO AGREEMENT BUFFALO ZOOLOGICAL SOCIETY MAIN BUILDING&REPTILE HOUSE ROOF RECONSTRUCTION DELAWARE DISTRICT Permission is hereby requested to Enter into Agreement with the Buffalo Zoological Society for the Roof Reconstruction of the Main Building and the Reptile House.This Agreement will allow the City to pay invoices from Grove Roofing that are directly related to the Roof Reconstruction of the Main Building and the Reptile House at the Buffalo Zoo under our Capital Program. This Agreement is not to exceed$531,755.58 and funds for this work are available in account#33233436 -445100 and#33233506-445100-Buildings. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 19,2016,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 with the Buffalo Zoological Society for Roof Reconstruction of the Main Building and the Reptile House. Funds for this work are available in Accounts#33233436-445100 and#33233506-445100 Buildings. PASSED ASSED AYES-9 NOES-0 NO.1175 REPORT OF BIDS-CITY-WIDE CURB AND SIDEWALK REPLACEMENT 2016,GROUP 858(DPW) 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 Roman Construction $511,374.00* 7279 Lakeview Ct. Pendleton, NY 14120 Campobello Construction $848,970.00 23 Stratford Rd. Buffalo, NY 14216 P&J Construction 709 Pleasantview Lancaster, NY 14086 I hereby certify that the low bidder for the above project is Roman Construction. I respectfully recommend a contract award in the amount not to exceed $ 720,000.00. This project was procured on the basis that the budget is $ 720,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget. Funds for this contract are available in#33133326-445100 and/or an account to be named ata later date. The engineer's estimate for this work is$720,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may withdraw his bid if an award of the contract is not made by July 2,2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount to correct for mathematical errors in the calculation of the bid. Michael J. Finn, P.E.,City Engineer Steven J.Stepniak 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 May 19,2016,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 Curb and Sidewalk Replacement 2016,with Roman Construction,with a base bid of$511,374.00. Funds for this contract are available in Account#33133326-445100,and/or an account to be named at a later date. PASSED AYES-9 NOES—0 NO.1176 REPORT OF BIDS-CITY-WIDE MILL AND OVERLAY 2016,GROUP 856(DPW) 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. Inc. $4,756,570.01* 411 Ludington St. Buffalo, NY 14206 Amherst Paving $5,483,920.00 330 Meyer Rd.Amherst, NY 14226 I hereby certify that the low bidder for the above project is Destro&Brothers Concrete Co. Inc. I respectfully recommend a contract award in the amount not to exceed$5,255,000.00.This project was procured on the basis that the budget is$5,255,000.00,and that the City reserves the right to increase,or decrease quantities to the project budget. Funds for this contract are available in#33133326-445100,32000006-445100 and/or an account to be named at a later date. The engineer's estimate for this work is$5,255,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may withdraw his bid if an award of the contract is not made by July 2,2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. 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 May 19,2016,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 2016,with Destro& Brothers Concrete Co., Inc.,with a base bid of$4,756,570.01. Funds for this contract are available in Accounts#33133326-445100,#32000006-445100,and/or an account to be named ata later date. PASSED AYES-9 NOES-0 NO.1177 REPORT OF BIDS SENECA-BABCOCK COMMUNITY CENTER PUBLIC FACILITIES IMPROVEMENTS CDBG PROJECT NO.8841-50203 LOVEJOY DISTRICT I requested on April 26,2016 and received the following formal bids for the Seneca-Babcock Community Center Public Facilities Improvements project on May 10th,2016. Contractor Base Bid Neweal Construction Inc $59,500.00 Hadala Construction, Inc $68,300.00 Miller Enterprises, Inc $69,000.00 Nichter Construction, Inc $137,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Neweal Construction, Inc.,with a base bid of $59,500.00,plus a 10%contingency of$5,950.00 for a total amount of Sixty Five Thousand Four Hundred Fifty&00/100 Dollars ($65,450.00),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 accounts#DA9B2037-470000 and DJ9B2037-470000. 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 May 20,2016,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 Seneca-Babcock Community Center Public Facilities Improvements Project, with Newcal Construction, Inc., with a total amount of$65,450.00(Base Bid of$59,500.00+ 10%contingence of$5,950.00 for a total amount of$65,450.00). Funding for this project is available in Accounts#DA9B2037-470000 and DJgB2037-470000. PASSED AYES-9 NOES-0 NO.1178 REPORT OF BIDS CITY-WIDE SITE SPECIFIC CONCRETE REPLACEMENT 2016 DPW GROUP 872 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 Roman Construction $472,385.00 7279 Lakeview Ct. Pendleton, NY 14120 Sunshine Concrete $763,250.00* 3461 Stevenson Ct. N.Tonawanda, NY 14120 Campobello Construction $1,190,300.00 23 Stratford Rd. Buffalo, NY 14216 P&J Construction Bid Not Excepted 709 Pleasantview Lancaster, NY 14086 I hereby certify that the low bidder for the above project is Roman Construction. I respectfully recommend a contract award in the amount not to exceed $900,000.00. This project was procured on the basis that the budget is $ 900,000.00, and that the City reserves the right to increase, or decrease quantities to the project budget. Funds for this contract are available in#33133326-445100 and/or an account to be named ata later date. The engineer's estimate for this work is$900,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law,any of the bidders may withdraw his bid if an award of the contract is not made by July 2,2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please fred attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount to correct for mathematical errors in the calculation of the bid. 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 May 19,2016,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 Cite-wide Site Specific Concrete Replacement 2016,with Roman Construction,with a base bid of$472,385.00. Funding for this project is available in Account#33133326-445100 and/or an account to be named at a later date. PASSED AYES-9 NOES-0 NO.1179 REPORT OF BIDS WATER DISTRIBUTION SYSTEM IMPROVEMENTS LOCATIONS#1 I hereby submit to your Honorable Body the following bids which were received on 04/13/2016 for the City of Buffalo Water Distribution System Improvements Locations#1. *Note:The Visone Construction, Inc.bid amount listed on Page PTB-1 was stated as$1,697,040.96,but this was an incorrect sum of the individual bid amounts listed on the Unit Bid Price pages.$1,631,770.15 is the corrected sum. Contractor Total Bid Visone Construction Inc $1,631,720.15* Destro&Bros Concrete Co Inc$1,794,690.50 Yarussi Construction Inc $1,948,750.00 Mark Cerrone Inc $2,123,000.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount of$1,631,770.15 to Visone Construction, Inc.The funds are available in a Division of Water account to be named at a later date. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. 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 May 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 enter into an agreement for Water Distribution System Improvements, Location #1, with Visone Construction, Inc., with a contract amount of $1,631,770.15. Funds are available in a Division of Water Account to be named at a later date. PASSED AYES-9 NOES-0 NO.1180 REPORT OF BIDS-CORRECTION WEST SIDE COMMUNITY CENTER MECHANICAL RECONSTRUCTION PROJECT#41-50203 NIAGARA DISTRICT #1653 OF 9/1/15 I advertised on August 11-'2015 and received the following sealed bids for the West Side Community Center Mechanical Reconstruction, which were publicly opened and read on August 25`-'2015. Mechanical Construction Base Bid Alt#1 Alt#2 John W. Danforth Co $87,000 $39,000 $47,000 Greater Niagara Mechanical $104,700 $41,600 $55,800 DV Brown&Associates $132,350 $40,175 $51,300 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidder in accordance with the plans and specifications: Base Bid of Eighty Seven Thousand Dollars($87,000.00)+Alt#1 of Thirty Nine Thousand Dollars($39,000)+Air#2 of Forty Seven Thousand Dollars($47,000)+Increase to meet CDBG requirements(originally hid using Bond Funds)of Four Thousand Dollars ($4,000)a 10%contingency of Seventeen Thousand Seven Hundred Dollars($17,300)for a total of One Hundred Ninety Four Thousand Seven Hundred Dollars($194,700), I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work in an amount not to exceed$194,700 on the basis of the lowest responsible bid with negotiated cost increases as noted above. Funding for this project is available in Accounts#DJ9B2037-470000 and DAgB2037-470000. 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 May 18,2016,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 West Side Community Center Mechanical Reconstruction, Project#41-50203,with John W. Danforth Co.,with a total bid amount of$194,700.00(Base Bid of$87,000.00+Alt.#1 of$39,000.00+Alt.#2 of$47,000.00+Increase to meet CDBG requirements of$4,000.00 + 10% contingency of$17,300 for a total bid amount of$194,700.00). Funding for this project is available in Accounts #DJ9B2037-470000 and DA9B2027-470000. PASSED AYES-9 NOES-0 NO.1181 APPOINT ASSOCIATE ENGINEER(PERM)(STEP 5)(HAPKE) Appointment Effective 04/28/2016 in the Department of Public Works, Parks&Streets to the Position of Associate Engineer, Permanent at the 5th step of$79,078 is hereby approved Kenneth Hapke,2313 Niagara St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1182 APPOINT PRINCIPAL ENGINEER(OTHER)(STEP 12)(BUCCILLI) Appointment Effective 05/18/2016 in the Department of Public Works, Parks&Streets to the Position of Principal Engineer,Other at the 12th step of$72,553 is hereby approved Stephen Buccilli,433 Starin Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1183 APPOINT ASSOCIATE ENGINEER(PERM)(STEP 5)(HAPKE) Appointment Effective 05/18/2016 in the Department of Public Works, Parks&Streets, Division of Water to the Position of Water Line Inspector, Permanent at the 7th step of$47,517 is hereby approved Perry Sullivan,416 Ashland Ave, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1184 APPOINT WATER SERVICE INSPECTOR(PERM)(STEP 12)(ZMUDA) Appointment Effective 04/27/2016 in the Department of Public Works, Parks&Streets, Division of Water to the Position of Water Service Inspector, Permanent at the 12`h step of$25,591 is hereby approved Michael Zmuda, 137 Dundee St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1185 APPOINT CHIEF PUMPING PLANT ENGINEER(PERM)(MAXIMUM)(MOFFETT) Appointment Effective 05/9/2016 in the Department of Public Works, Parks&Streets, Division of Water to the Position of Chief Pumping Plant Engineer, Permanent at the Maximum Salary of$50.755 is hereby approved Andrew Moffett,778 Abbott Rd, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1186 APPOINT WATER DISPATCHER SUPERINTENDENT(PERM)(STEP 5)(WOLASZ) Appointment Effective 05/5/2016 in the Department of Public Works, Parks&Streets, Division of Water to the Position of Water Distribution Superintendent, Permanent at the 5th step of$72,282 is hereby approved Michael Wolasz,Jr.409 Woodbridge Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1187 APPOINT WATER DISPATCHER SUPERINTENDENT(PERM)(STEP 4)(KARBOWSKI) Appointment Effective 05/5/2016 in the Department of Public Works, Parks&Streets, Division of Water to the Position of Water Distribution Superintendent, Permanent at the 4th step of$63,824 is hereby approved Izydor Karbowski,216 Rebecca Park, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1188 APPOINT WATER METER SUPERVISOR I(PERM)(STEP 5)(MCCABE) Appointment effective 05/05/2016in the Department of Public Works, Parks and Streets to the Position of Water Meter Supervisor I, Permanent at the 5th step of$$44,963 James McCabe,29 Mayer Ave, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1189 APPOINT WATER METER MECHANIC(PERM)(STEP 12)(ROMANINI) Appointment effective 05/18/2016in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Meter Mechanic, Permanent at the 12`h step of$24,184 Mark Romanini,45 Bremen St, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 1190 APPOINT CAULKER SUPERVISOR I(PERM)(STEP 4)(ANDERSON,KREUZ) Appointment effective 04/25/2016 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker Supervisor I, Permanent at the 4th step of$50,113 Adam Anderson,267 Bedford, Buffalo, NY 14216 Phillip Kreuz,78 Cazenovia St,Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.1191 APPOINT SENIOR ENGINEER(OTHER)(POLETO) Appointment effective 05/05/2016 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Senior Engineer,Other at the 2nd step of$64,649 Donald Poleto,263 Whitfield, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 1192 APPROVAL TO ENTER INTO AND EXECUTE CONTRACT WITH G4S SECURE SOLUTIONS (ITEM NO.770,C.C.P.03/29/16) The Buffalo Police Department hereby requests from your honorable body,permission to enter into a contract with G4S Secure Solutions to provide armed security services for City Hall. A request for proposals for this service was drafted and issued January 5,2016,with proposal from contractor submitted on February 9, 2016. In addition,the Common Council pursuant to its passage of Item#770,has authorized the award of tiffs contract to the Contractor. Therefore,in consideration of the above,the Commissioner of Police hereby requests authorization from the Common Council to execute the contract for armed security services for City Hall. This item is budgeted for under the Buffalo Police Department contractual services line,account#12005006 434000,in the 2016/2017 fiscal year budget. If you have any questions or concerns,please contact my office at 851-4571 or Lieutenant Jeffrey Rinaldo at 851-4329• REFERRED TO THE COMMITTEE ON FINANCE NO.1193 PERMISSION TO ACCEPT 2016 STATE HOMELAND SECURITY FUNDING The Buffalo Police Department continues to be successful in securing grant funding through various sources.As such,and in order to keep within the practices of our grant processing,especially at this time when the City has critical funding needs and various funding sources are making cuts,we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. STATE HOMELAND SECURITY PROG FUNDING(SHSP[REPLACES URBAN AREA SECURITY INITIATIVE(UASI)FOB 2026 Tile City of Buffalo, County of Erie, and Niagara County continue to remain off the list of cities who receive 2016 Urban Area Security Initiative(UASI)funding by the US Department of Homeland Security, along with the upstate municipalities of Rochester, Syracuse and Albany(only UASI funded region in NY was New York City). There is an effort to try to put cities like Buffalo, back on the list, however, many other Tier II cities continue to be cut and are still not receiving UASI Funding. As such,the Federal Department of Homeland Security continues to award State Homeland Security Program Funds(SHSP)to New York State's Department of Homeland Security and Emergency Services,who then in turn,passes them along to the various counties in New York State. Because of what has happened to upstate with the UASI funding and also,because under UASI we operate as a region, the State has decided that out of the 2026 SHSP funding they are awarding to Erie and Niagara Countys this year, Buffalo will receive a consensual share of$352,651,the same award as our 2015 allocation.This funding will be utilized for the purchase of equipment to enhance City Hall Security(bollards„package screening inspection system),for the Continued expansion of the City's crisis management initiative which includes the development of quick action plans for first responders data based development in various key buildings that includes information about staging areas,resources on site,contact names,etc}and a so a lows for the development of data related to infrastructure diagramming of critical infrastructure(entrances,exists,stairwells,etc.)for event response plans.The award also includes funding to continue with City-wide citizen preparedness coordination and activities. We are request ng that your Honorable Body authorize the follow ng (3-)For the City to accept funds totaling$352,651 from the State's Department of Homeland Security and Emergency Services under the New York State Homeland Security Program and for the Mayor to enter into an agreement covering the grant period of 09/01/2016 through 08/31/2019; (2,Authorize the City Comptroller to provide for an inter-fund cash loan for all non-personnel expenses(totaling$352,651 covering crisis management software/technology support, citizen preparedness services, active shooter/quick action plan Services) until such reimbursements are secured by the funding source(NY State); (3,Authorize the City of Buffalo and Buffalo Police personnel to take other steps,including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. If:you should have any questions,please contact Captain Mark Makowski or Maureen Oakley of our Planning/Grants Section at Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Police Department,dated May 19,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept grant funding in the amount of $352,651.00 from the State's Department of Homeland Security and Emergency Services under the New York State Homeland Security Program;and that Common Council hereby authorizes the Mayor to enter into an agreement covering the grant period of September 1,2016 through August 31,2019;and That the Common Council hereby authorizes the City Comptroller to provide for an inter-fund cash loan for all non-personnel expenses (totaling$352,651.00 covering the crisis management software/technology support,citizen preparedness services,active shooter/quick action plan services)until such reimbursements are secured by the funding source(New York State);and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps,including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. PASSED AYES-9 NOES-0 NO.1194 PERMISSION TO ACCEPT 2016 STONEGARDEN FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources.As such,and in order to keep within the practices of our grant processing,especially at this time when the City has critical funding needs and various funding sources are making cuts,we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. OPERATION STONEGARDEN 2016: - Buffalo will receive reimbursement for no more than $12,000 in overtime hours and also, a maximum of approximately$15,000 in equipment and fuel for our Underwater Recovery Waterside Team for our 2015 funding allotment. We will work with US Customs and Border Patrol for homeland protection as well as utilize these resources for our Underwater Recovery Team's efforts for patrolling Buffalo's waterways, especially near the Peace Bridge, and also, for security diving operations in our own community and when our dive team assists other agencies. We are requesting that your Honorable Body authorize the following: (;t) For the City to accept funds and for the Mayor to enter into an agreement,covering the period 09/01/2016 through 08/31/2019(a 36- month period),for participating with the US Department of Customs and Border Patrol through the New York State Division of Homeland Security, under a Memorandum of Understanding with the County of Erie Sheriff's Department, to enhance border enforcement capabilities through marine roving patrol operations; (2)Authorize the City Comptroller to provide for an inter-fund cash loan for all non-personnel expenses(no more than$15,000)until such reimbursements are secured by the funding source(NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Stonegarden grant funding. If you should have any questions,please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851-4475. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Police Department,dated May 19,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds in the amount of $15,000.00 from the 2016 Stonegarden Funds for the Underwater Recovery Team's efforts for patrolling Buffalo's waterways;and that Common Council hereby authorizes the Mayor to enter into an agreement covering the period of September 1,2016 through August 31,2019,for participating with the US Department of Customs and Border Patrol through the New York State Division of Homeland Security,under a Memorandum of Understanding with the County of Erie Sheriff's Department,to enhance border enforcement capabilities through marine roving patrol operations;and That the Common Council hereby authorizes the City Comptroller to provide for an inter-fund cash loan for all non-personnel expenses (no more than$15,000.00)until such reimbursements are secured by the funding source(New York State);and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps,including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Stonegarden grant funding. PAS SED AYES-9 NOES-0 NO.1195 ACCEPTANCE OF MOBILE BUFFALO POLICE APP The City of Buffalo Purchase Department,along with the Buffalo Police Department,sent out a Request for Proposals for a Police Mobile Application which was dated September 16,2014,with a proposal submission date of November 5,2014. Five(5)companies responded to the RFP. The submissions from these five (5) companies were reviewed, with the company MobilePD being selected as the best overall value for the taxpayers while meeting the needs of the Police Department. The initial funding for this application, $15,000, will come from current drug asset forfeiture funds,with the future annual licensing,support and maintenance costs($10,000)being budgeted for in the Buffalo Police Department budget. At this time, the Buffalo Police Department hereby requests approval and permission from your Honorable Body to enter into a contract with MobilePD to provide the Buffalo Police Department with a free downloadable mobile application which will be available for use on Android and Apple devices. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Buffalo Police Department,dated May!9,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement with MobilePD for a free downloadable mobile application which will be available for use on Android and Apple devices. The provider was chosen through a Request for Proposals (RFP) process. The initial funding for this application ($15,000)will come from current drug asset forfeiture funds,with the future annual licensing,support and maintenance costs($10,000)being budgeted for in the Buffalo Police Department Budget. PASSED AYES-9NOES-0 FROM THE COMMISSIONER OF FIRE NO.1196 MEMORANDUM EMERGENCY SERVICE BOARD ROSTER Per your request please find attached a copy of the Emergency Service Board Roster. Enclosure Item available for review in the City Clerk's Office RECEIVED AND FILED NO.1197 APPOINT ACCOUNT CLERK TYPIST(PERM)(MAX)(WOODARD) Certificate of Appointment Appointment effective May 16,2016 in the Department of Fire Division of Fire to the Position of account Clerk Typist Permanent Open- competitive Maximum Starting salary of$35,403 Emon Woodard,2 Devon Green Court, Buffalo NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT& INSPECTION SERVICES NO.1198 FOOD STORE(NEW)2883 BAILEY(AKA 2887) FST16-10027748 UNIVERSITY Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store License located 2883 Bailey(aka 2887)(QUSEM ABOULHAKIM/ALKOMA 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 requited approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated May 6,2016 be received and filed;and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Qusem Aboulhakim d/b/a Alkoma Inc.located at 2883 Bailey a/k/a 2887 Bailey with the following conditions: • Must have working security cameras inside and outside of store • Store surveillance system to be registered with the Buffalo Police Department.Tapes are to be made available upon request to the authorities and have the capability of saving video for thirty days. • No spray painted,hand painted or air-brushed signage or graphics on building unless professionally done and approved by City • No outside signage advertising tobacco,gambling(lottery)or alcohol • No selling loose items,i.e.cigarettes,diapers,etc. • Must have trash receptacles maintained outside of store, Dumpsters should be maintained and picked when full or fine will be issued. • No pay phones outside of store • Windows should be clean and free of grime.Windows must be unobstructed and able to view inside establishment • Broken windows must be repaired within 72 hours • No smoking or vaping in building • Graffiti must be removed within 72 hours • No vehicles parked on sidewalks • All mechanical equipment must be in working order • "No Loitering"signs must be posted and enforced by store employees • No selling of drug paraphernalia including, but not limited to: (Glass test tubes, glass pipes, glass pens, "Chore boy" scour pads,tobacco wraps,blunts,rolling papers or flowers in glass tubes etc. • Snow must be shoveled/removed around store grounds including fire hydrants and bus stops if on your property before 9:00 am the morning following snow fall event • All store items are to be priced and receipt available for customers upon request • No expire food to be sold • No selling of prepared food without proper Erie County Health Department License • Store hours must be posted clearly for public view • Hours of store operation must be determined in cooperation with District Council Member and Law Enforcement PASSED/COND AYES-9 NOES-0 NO.1199 FOOD STORE LICENSE(NEW)3209 BAILEY FST16-100227797 UNIVERSITY Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store License located 3209 BAILEY(KHALED NASSER/20 20 EXPRES.)and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated May 16,2016 be received and filed;and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khaled Nasser d/b/a 20 20 Express located at 3209 Bailey,upon the following conditions: • Must have working security cameras inside and outside of store • Store surveillance system to be registered with the Buffalo Police Department.Tapes are to be made available upon request to the authorities and have the capability of saving video for thirty days. • No spray painted,hand painted or air-brushed signage or graphics on building unless professionally done and approved by City • No outside signage advertising tobacco,gambling(lottery)or alcohol • No selling loose items,i.e.cigarettes,diapers,etc. • Must have trash receptacles maintained outside of store, Dumpsters should be maintained and picked when full or fine will be issued. • No pay phones outside of store • Windows should be clean and free of grime.Windows must be unobstructed and able to view inside establishment • Broken windows must be repaired within 72 hours • No smoking or vaping in building • Graffiti must be removed within 72 hours • No vehicles parked on sidewalks • All mechanical equipment must be in working order • "No Loitering"signs must be posted and enforced by store employees • No selling of drug paraphernalia including, but not limited to: (Glass test tubes, glass pipes, glass pens, "Chore boy" scour pads,tobacco wraps,blunts,rolling papers or flowers in glass tubes etc. • Snow must be shoveled/removed around store grounds including fire hydrants and bus stops if on your property before 9:00 am the morning following snow fall event • All store items are to be priced and receipt available for customers upon request • No expire food to be sold • No selling of prepared food without proper Erie County Health Department License • Store hours must be posted clearly for public view • Hours of store operation must be determined in cooperation with District Council Member and Law Enforcement PASSED/COND AYES-9 NOES-0 NO.1200 FOOD STORE(NEW)1580 AKA 1588 GENESEE FST 16-10027800 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 1580 GENESEE aka 1588(FENUNE ABUHAMRA/SUPER PRICE CHOPPERS MEATS 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.1201 FOOD STORE(NEW)1727 GENESEE(AKA 1733) FST16-10027732 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 1727 GENESEE(aka 1733)(MOHAMMAD AYASH/THE CORNER STORE.)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.1202 FOOD STORE(NEW)955 TONAWANDA FST16-10027788(NORTH) 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 955 Tonawanda(AJIL ALABOUDY/BLUE SKY 7 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. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated May 6,2016 be received and filed;and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ajil Alaboudy d/b/a Blue Sky 7 Inc.located at 955 Tonawanda,upon the following conditions: • Hours of operation shall be:6am to 11 pm Sunday—Thursday and 6am to midnight Friday and Saturday • Must have working security cameras inside and outside of the store and must make tapes available upon request • "No Loitering"signs to be posted and enforced by store employees • No spray painted/hand painted or air-brushed signage or graphics on the building • Must have a maintained trash receptacles outside of the store • No outwardly visible signage advertising tobacco,gambling(Lottery),alcohol • No selling of loose items,cigarettes,diapers,etc... • No payphones outside of the store • No blocking of windows • All mechanical equipment must be in working order • Any broken windows must be repaired within 48 hours • No smoking in building • Any graffiti must be removed within 72 hours • No vehicles parked on the sidewalk PASSED AYES 9, NOES 0 NO.1203 FOOD STORE(NEW)59 WALDEN FST16-10027734(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 59 WALDEN(ANJUMAN ARMZUBAIDAH HALAL MEAT&GROCERY.)and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.1204 MOBILE FOOD TRUCK 320 CREEK RD,WEST SENECA NY 14224(HOME ADDRESS) M FT16-10034544 Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances,please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by Thomas Straus @ Green Acres lee Cream,attached find a Police Record Check,upon obtaining the Fire Departments Approval and upon finding that said application complies with all regulations and other applicable laws.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.1205 REQUEST APPROVAL TO ENTER INTO CONTRACT BETWEEN CITY OF BUFFALO AND HANNAH DEMOLITION FOR AN EMERGENCY DEMOLITION OF PROPERTY AT 874 WALDEN Permission is hereby requested for Your Honorable Body to approve the contract between the City of Buffalo and Hannah Demolition for the emergency demolition of 874 Walden. Contract Amount:$42,000.00 Your consideration toward this request is greatly appreciated Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated May 20,2016,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to enter into an agreement between the City of Buffalo and Hannah Demolition for the emergency demolition of 874 Walden. PASSED AYES 9, NOES 0 NO.1206 SECOND HAND DEALER 982 BROADWAY SHDT6-10027680(FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 982 BROADWAY and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of DARRELLE NATI The attached thereto for DARRELLE NATIJBUFFALO BLACK WATER PROPERTIES LLC.This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be,and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated April 22,2016,be received and filed;and That pursuant to Chapter 254 of the City Code,the Commissioner of the Department of Economic Development Permit and Inspection Services be,and he hereby is authorized to grant a Second Hand Dealer License to Darrelle Nati d/b/a Buffalo Black Water Properties LLC located at 982 Broadway is hereby approved. PASSED AYES 9, NOES 0 NO.1207 PROPERTY MANAGER LICENSE 235 N.BRYANT ST DEPEW NY (PMA16-10027642) 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 KEITH KEENE 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 KEITH KEENE,the attached thereto for.This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO.1208 PROPERTY MANAGER LICENSE JACOB LEA-KELLY 140 LINWOOD AVE#B2(PMA16-10027808) 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 JACOB LEA-KELLY 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 JACOB LEA-KELLY,the attached thereto for. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO.1209 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 April 26,2016 No.974J.Curry-MWBE Task Force Recommendations No.995Waive Fees for Yoga for Kids/Yogis in Service Event in Bidwell Pk No.996Waive Permit Fees for Bury the Violence Walk No. 100012th Annual Buffalo Infringement Festival No. 100159`hAnnual Allentown Art Festival June 11`hand 12`h2016 No. 1002Waiver of Field Fee for BIREC World Refugee Day Soccer Tournament No. 1013Waiver of Park&Special Event Fees for Events at MLK Was presented to the Mayor on April 29,2016,and returned to the City Clerk on May 9,2016 without approval or disapproval Respectfully submitted, Gerald A.Chwalinski City Clerk RECEVIED AND FILED NO.1210 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 467 Elmwood Ave Grazie Café CBTC Inc 727 Elmwood 727 Elmwood Ave 727 Elmwood Ave LLC 481-483 487 Delaware Rowhouse Bakery&Rest Delaware 483 LLC 3165 Bailey Ave Pending So You Got Jokes LLC RECEIVED AND FILED NO.1211 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: Mayor/Mayor Executive-Citizen Services-Samantha Hernadez Police-Sharissa Terrell,Mary Ellen Keohane-Glynn,Michael Towns, Darlene Muhammad RECEIVED AND FILED. NO.1212 REPORTS OF ACTING TIME I transmit herewith notifications received by me,reporting Acting Time,in the various departments as listed: Parking-Theresa Nichols, Nicole Bongiovanni,Michael Falzone, Nicholas Schaefer RECEIVED AND FILED. NO.1213 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 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Engineering to the Position of Bridge Operating Seasonal Non-competitive Hourly starting salary of$13.06 Lewis King, 159 Chester St., Buffalo 14208 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Engineering to the position of Laborer II Seasonal Non-competitive Hourly starting salary of$13.06 James Francis, 137 Vandalia St, Buffalo 14204 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Laborer II Seasonal Non-competitive Hourly starting salary of$13.06 Fernando Martinez III,785 Perry St, Buffalo 14210 Richard Long, 128 Olympic, Buffalo 14209 Darrell Delaney,25 Texas St, Buffalo 14211 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Parks to the Position of Laborer II Seasonal Non-competitive Hourly starting salary of$13.06 Winnie Woods,93 Phyllis Ave, Buffalo 14215 Certificated of Appointment Appointment effective 5/16/16 in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Seasonal Non- competitive Hourly starting salary of$13.09 Christopher Kotowski,66 Central Ave, Buffalo 14206 NO.1214 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 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Laborer II Seasonal Non-competitive Minimum starting salary of$24,377 James Silmon, 169 Westminster Ave, Buffalo 14215 Certificated of Appointment Appointment effective 5/16/16 in the Department of Executive Department Division of Traffic Violations to the Position of Administrative Secretary Permanent Open-competitive Minimum starting salary of$40,675 Pamela Zawistowski, 164 Alabama Street, Buffalo 14204 Certificated of Appointment Appointment effective 5/9/16 in the Department of Public Works, Parks&Streets Division of Engineering to the Position of Laborer II Permanent Non-competitive Minimum starting salary of$24,377 John Wagner, 108 Peabody St, Buffalo 14210 Certificated of Appointment Appointment effective 5/2/16 in the Department of Police Division of Communications to the Position of Crime Analyst Temporary Appointment Minimum starting salary of$54,102 Donna M.Millitello,400 Cumberland Ave, Buffalo 14220 Certificated of Appointment Appointment effective 5/9/16 in the Department of Police Division of Communications to the Position of Public Safety Dispatcher Permanent Appointment Minimum starting salary of$24,212 Christie M. Rossney,33 Garner Avenue, Buffalo 14213 Certificated of Appointment Appointment effective 5/16/16 in the Department of Parking Division of Parking Enforcement to the Position of Junior Data Control Clerk Temporary Open-competitive Minimum starting salary of$34,655 Tabitha M. Fields, 12 Hertel Ave#604, Buffalo 14207 Certificated of Appointment Appointment effective 5/23/16 in the Department of Assessment and Taxation to the Position of Clerk Permanent Appointment Minimum starting salary of$34,012 Timothy R.Wolniewicz,50 Roanoke Parkway, Buffalo 14210 Certificated of Appointment Appointment effective 6/6/16 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Permanent Appointment Minimum starting salary of$35,403 Kathleen J.O'Sullivan,94 Ryan Street, Buffalo 14210 Daniel Gonzalez,33 Altruria Street, Buffalo 14220 Certificated of Appointment Appointment effective 5/18/16 in the Department of Public Works, Parks&Streets Division of Water to the Position of Chemist Permanent Competitive Minimum starting salary of$47,107 Jarrett A.Coppin,559 Busti Avenue, Buffalo 14201 Elizabeth G.Scheeler,295 Ashland Ave.Apt 19, Buffalo 14222 Certificated of Appointment Appointment effective 5/31/16 in the Department of Public Works, Parks&Streets Division of Water to the Position of Water Service Adjuster Permanent Open-Competitive Minimum starting salary of$40,944 Michael Outten,202 Mariemont Ave., Buffalo 14220 Certificated of Appointment Appointment effective 5/23/16 in the Permit&Inspection Services Division of Inspections to the Position of Account Clerk Typist Temporary Appointment Minimum starting salary of$35,403 Yolanda Barrera, 130 Prospect Ave, Buffalo 14201 NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.1215 R.BARNETT-RESPONSE RE:SOLAR PANEL SYSTEMS CCP 4/26/16#1010 Thank you for the opportunity to comment on the recent Common Council adoption regarding CCP Item#1010 Solar Panel Systems resolution. As the nation's largest full-service residential&commercial solar provider,SolarCity Corporation is committed to engaging with all Codes &Standards, Fire,and Building officials as a resource for code development and model for safe building practices in the industry. For each jurisdiction we service,our Compliance, Engineering,and Operations teams account for,design,and install according to all applicable and current standards. Impending New York statewide adoption of NEC 2014 will do much to advance the safety standards for which all solar PV systems will be installed.The new code places considerable emphasis on clear marking of accessible means of disconnect&Section 690.12-"Rapid Shutdown"is specifically designed to protect first responders.Additionally,we support the NY DOS Division of Building Standards and Codes("BSC")recent adoption of the latest cycle of 20151-Codes including IFC 2015 with supplemental exceptions.The Uniform Fire Prevention and Building Code sets a collaborative minimum standard that preserves the primary objective-first responder safety with considerations for our secondary goal of advancing access to solar PV in New York State. As the Corporation Counsel considers their amendments to Chapter 103 it is important to note that as solar has spread throughout the region,considerable precedence now exists for best practices&standards for safely interacting with solar. Efforts made between the NYC Dept.of Building&the FDNY is a strong state example of how cities and local FD's can craft&amend portions of code to address some of the special conditions found in urban areas. Part of SolarCity's commitment to training&education has involved the development of a dual technical Solar PV+Firefighter training offered by lifelong firefighter Captain Ray Stovall.The feedback from fire districts throughout the East Coast has been extremely encouraging&with that,the demand for trainings like these has increased significantly.We would be pleased to facilitate a Buffalo area training or act as a helpful resource in any way going forward. Please see the additionally attached Fire Training Flyer and SCTY Comments to NYS Uniform Fire&Building Code Adoption made in February in the email. Please see also see link to Trainings Request page below. Link to Fire Training Request Form Best Regards, Ryan Barnett Deputy Director, Policy&Electricity Markets SolarCity Corporation rbarnett@solarcity.com 516.509.8192 REFERRED TO THE COMMITTEE ON LEGISLATION NO.1216 R.BARNETT-RESPONSE RE:PROPER FIRE SETBACK Pursuant to the Notice of Proposed Updates to the Uniform Fire Prevention and Building Code and Opportunity for Public Comment ("Notice")issued by the New York State Division of Building Standards and Codes("DBS")on November 25,2015,SolarCity Corporation ("SolarCity")respectfully submits the following comments on proper fire setback code pertaining to rooftop solar systems. Introduction SolarCity is the#1 full-service residential and commercial solar provider in America.The company entered New York in 2013,employs over 800 people and operates six distribution warehouses across the state-Albany, Bethpage, Hauppauge, New Windsor,Amsterdam and Westchester. In addition,SolarCity is currently building the largest solar panel manufacturing facility in the western hemisphere in Buffalo,which should be operational in 2017.SolarCity has installed over 100 MW of solar capacity across New York-more than 11,000 individual projects-and has worked with hundreds of towns and their local officials to help bring distributed power to the residents of New York. Comments As the largest solar installer in New York,SolarCity has experience working on many different types of roofs across hundreds of towns throughout the state.This includes working with local building departments and fire officials,whom,more often than not,drive local policy pertaining to safety requirements for fire fighters who engage on a roof with solar panels installed.As solar increases in popularity more towns have taken it upon themselves to pass"fire setback"requirements-regulations requiring that solar installers leave enough space on the roof for fire service members to adequately move around in the event of a fire. It's the experience of SolarCity that fire setback policies across New York,while well-intentioned,are inconsistent.Some regulations account for inadequate working space for fire fighter rooftop operations while others mandate more than is universally accepted in model codes.Certain regulations require large setbacks even if panels are installed on only one side of a roof,ignoring the fact that one or more complete roof faces are free of solar panels and thus unobstructed in any way for fire fighters to access. As a company with thousands of employees who spend considerable amounts of time on roofs,SolarCity completely supports proper roof safety requirements-including setbacks for fire fighters-and wishes to provide input to DBS on industry best practices so that New York might standardize fire setback policy statewide.Standardized fire setback policy for rooftop solar would be a model for the rest of the country,provide certainty when solar companies and customers design rooftop systems in the future,and most importantly,allow for the safety of first responders. Most industry best practices require a three-foot setback along one side of the roof for proper firefighter maneuvering.SolarCity supports a three-foot setback along one end of a gable roof as well as an 18'setback at the ridge of the roof to allow for firefighter egress and any necessary smoke ventilation procedures.We believe that clarification should be made that all setback measurements should be made from existing roof edges,hips or valleys,as opposed to from any existing,external object. Pursuant to IFC 605.11.2.1,requirements for roof access points will be used to determine the acceptable roof edge of the gable end.Gable setbacks should also be allowed to include overhangs,provided that stamped documentation is provided by a licensed structural engineer that demonstrates the structure supporting the overhang is suitable to support firefighter operations. No setbacks should be required in between modules themselves provided that no grouping of panels exceeds 150'in length(per IFC 605.11.1.2.1). Additionally,in cases of a hip or valley roof,no setbacks should be required from the hip or valley if no panels are located on the opposite roof edge from the hip or valley. Externalities Oftentimes solar installers run into issues when attempting to install systems around vent pipes,satellite dishes and other roof-located externalities.SolarCity supports the practical relocation of such externalities whenever possible so as to provide for the easiest maneuvering around the roof.Such practicality should apply to solar installers when running conduit to connect solar panels down to the customers breaker panel and utility meter.While every roof is different,installers should make a good-faith effort to run conduit that does not get in the way of someone attempting to move around on the roof in the future,firefighter or otherwise. However,in cases where such practical options do not exist,conduit should be allowed to run within a required setback either on the side of the roof or at the peak.Additionally,as it pertains to existing construction,there should be no requirement to relocate existing equipment(vent pipes,etc.)that already fall within setback areas. Review SolarCity fully supports allowing for alternate means and methods of compliance,including the option for exemptions by the local fire chief during the review process.Minimum requirements should always be maintained,but to the extent that there may be alternate regional or local compliance methods brought up in future discussions around fire setbacks,SolarCity supports them and would work with local municipalities if such assistance was requested. SolarCity also supports further integration of fire setback requirements into local inspection processes. Inspectors who are knowledgeable about fire setback requirements can help installers with compliance and speed up inspection timelines versus needing to check with local fire departments before going out to inspect a job.SolarCity has assisted with trainings for local officials and fire departments on the technical aspects of PV and considers itself to be an educational resource for the local communities it works in,including the fire service. Conclusion SolarCity thanks DBS for providing an opportunity to comment on PV fire setback policy for the state of New York.We are excited to use our vast experience installing solar across the state to help develop setback standards that will provide business certainty for our industry and safety for New York's firefighters. We look forward to continued engagement. Ryan Barnett Deputy Director, Policy&Electrical Markets SolarCity REFERRED TO THE COMMITTEE ON LEGISLATION NO.1217 M.KEARNS-BANK SHAME CAMPAIGN ACCOUNTABILITY REPORT Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO.1218 B.GRANT-CONCERNS SIGNAGE ON JEFFERSON AVENUE There is a problem with the signage on Jefferson Ave.near East Utica Street being inhospitable to the residents and patrons of the stores and businesses located on Jefferson Ave between East Utica street and Glenwood Ave. On the eastern side of Jefferson Ave,there is a sign that states,'No standing between 4 p.m.and 6 P.M..There are concerns that the sign prohibits the patrons of the library from parking on the street when the library parking lot is overflowed.There is also concerns that patron of the businesses will be inconvenienced by having to park blocks away from their cars.We,who have stores and offices on that stretch of Jefferson don't know how long the signs have been up because it has only been recent that the sign's message has been enforced. In addition,the sign is situated midway in the block so that those who are entering Jefferson Ave @ the intersection of East Utica Ave and Jefferson,will not see the sign as tit is posted midway into the block In reviewing the situation of the sign,the location of the sign and the fact that there seems to be no binding reason why people will have to leave in the midst of shopping or attending a meeting or forum @ the Library that last well past 4 p.m. I believe a sign that limits parking to 2 hours will prove to be more fair and accommodating to the residents and patrons of the businesses and organizations in the one block stretch of the street. Please submit this request to Mr. Kevin Heifer,Commissioner of Parking and Mr.Steve Stepniak,Commissioner of Public Worker for their consideration Sincerely, Betty Jean Grant REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.1219 R.LEE-NEIGHBORS CONNECTING-BULK CABLE DISCOUNT PROGRAM FOR BMHA Neighbors Connecting Response to Issues Raised The Lackawanna Housing Authority and Dunkirk Housing Authority have signed our agreement.The Olean Housing Authority,the Lockport Housing Authority and the Jamestown Housing Authority staff are asking their boards to approve the agreement at their May meetings.June 1,2016 1629 residents of the above Housing Authorities will be part of the Neighbors Connecting program and collectively save at least$977,400 annually. The Rental Assistance Center,Cattaraugus Development Corporation and Chautauqua Opportunities are using their e-mail programs to inform their Section 8 providers to consider the bulk cable discount program for their roughly 6,300 renters. Given the population of roughly 4,200 public housing residents and 1,200 Section 8 renters,the anticipated individual bulk cable savings of$600 per year would collectively add up to approximately$3,240,000 annually or$270,000 per month.The Neighbors Connecting Bulk Cable Discount Program is indeed a very important opportunity for YOUR residents. Through our attorney Scott Marchant,the Executive Director of the Authority has received information to respond to letter we received last month noting some minor concerns. Both the questions raised and our response are attached.Given the significant amount of money involved to help thousands of our neighbors it is worth the time to review. Given the fact that residents without the bulk cable discount are potentially losing over$270,000 per month,and have because a lack of agreement lost out on$1,080,000 and collective savings over the last four months,we respectfully ask that the survey agreement be signed by May 15,2016 so we can begin moving ahead.As you are aware this program does not cost the Housing Authority a dime. It does not require that the Authority pay anyone's cable bill,it does not impose upon the Authority's professional staff. It does however, increase the Authority's ability to retain renters,to significantly reduce costly turnovers and makes the Authority's apartments much more competitive with a more aggressive private sector. It is a win-win for everyone. Our professional team is available to meet at your convenience to further discuss any issues. I thank you in advance for your considering this request. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND BMHA NO.1220 QUEEN CITY LANDING,975&1005 FUHRMANN BLVD.,BUFFALO,NEW YORK FILING OF REZONING WITH NEW YORK STATE DEPARTMENT OF STATE Dear Ladies and Gentlemen: The rezoning of 975&1005 Fuhrman Blvd.was deemed"filed"with the New York State Department of State on May 12,2016.The rezoning will become effective 20 days after the filing,which is June 1,2016. Enclosed as Exhibit"A"please find the rezoning documents that were sent to the Department of State and subsequently marked"filed."The documents can also be found in the local laws database on the Department of State website under Buffalo Local Law#1 for the year 2016. Additionally,we filed the rezoning documents with the Erie County Clerk's Office on April 22,2016.The related documents are enclosed here as Exhibit'B. Please let us know if you have questions. RECEIVED AND FILED NO.1221 GATES SPECIAL 7ONING DISTRICT COMMENTS I want to preface the body of my remarks with an appreciation for the contact that Delaware Councilmember Feroleto and Council President Pridgen have maintained with Gates neighborhood residents. Plus my kid was impressed to have both their gracious selves at my dining room table! I know that they both have multiple constituencies,limited time,and,along with other Councilmembers,are working to do the best for the many challenges that Buffalo and its citizens face. In the area of land use,with regard to the Special Zoning District, the active Councilmembers,Mr. Feroleto and Mr. Pridgen,have produced an outline of a significant approach which can offer protection against some of the many potential negatives of the original rough DGEIS Montante concept for Gates. Now,since the Common Council appears on track to approve the general concept proposed by Montante,it is important to get the Special Zoning District fully worked out. With the greatest respect for the significance of the Council's important prerogatives, I urge that the draft Special Zoning Ordinance, apparently produced by the Office of Strategic Planning,be tabled and returned and broadly redone.Strategic Planning's client should be the Council and the citizens across the city.The Councilmembers who have worked so hard with the Gates residents to move an acceptable Gates project forward deserve better draft legislation.Strategic Planning's client should not be the developer/real estate holder. 1)That redrafting should be directed toward providing the draft with the detailed specification of protections that any reasonable zoning regulations should feature. 2)Further, it should confront the practical difficulty in giving permission for construction of use-specific buildings whose use(perhaps the 50,000 square foot health club) may not be sustainable. The pressure on the Council to allow another, non-anticipated use when the health club tenant might depart would be intolerable and overturn much of the hoped-for benefit of the legislation. 3)And finally,it is remarkable that such a key piece of draft legislation,focusing on such a controversial issue,has come to the point we are today without a single general and open public hearing for comment,discussion,and understanding. For all the foregoing,it is notable and disturbing in comparison that the City has spent apparently millions of dollars and a number of years on the Green Code, and that with regard to the important Gates Special Zoning District, we are at the point we are today with the document such as it is before the Council for approval. Most immediately striking is that,as it is currently written,the Special Zoning District draft legislation proposed for Gates would give property owners there the right to put at Gates a 136,000 square foot assembly of retail that would more or less mirror the look and feel of the Marshal's Plaza currently at Delaware/Great Arrow. Marshall's Plaza is a rambling one story shopping plaza,strung out along the street,fake architectural roof lines in some places, shopper's automobiles all parked in front,cars angled into their many slots laid out in the big lot between the stores and street,signs all over,some pretty large,the type of easy-to-build quick-return development with which we are all familiar.The Plaza is nestled up against what used to be an industrial area,so its construction fairly long ago was probably an improvement for the limited number of residences nearby. But if the draft Gates Special Zoning District language is approved without substantial augmentation,another Marshall's Plaza,if a property owner were so inclined,could be on its way toward downtown Buffalo,all the way down to Gates. Delaware Avenue would be further eaten up. Do we, I mean the city at large,do we want this at Gates?Buffalo should be the nicest city we can keep it.Whatever form the retail build- out at Gates might take,it is not good to replicate Marshall's Plaza strip plaza nearer the core of our City's heart,even with a few mildly separate buildings. Nor is it good to let a newer version of the Marshall's Plaza live its long life at what may well be our most significant historic park and parkway intersection..,on what many consider still Buffalo's remaining grandest roadway.Or allow it to feed on our city as it diminishes the striking and great revitalization Buffalo is experiencing in its urban core. Doesn't Buffalo toward downtown from Gates,and in its existing residential areas,even if commercial use is coming to Gates,doesn't it deserve better form?Doesn't it deserve something more big time than a very poorly regulated plaza?If we don't want this at Gates,then the Special District language needs to be given the strength to prevent it. Intentions,possibilities,and promises of property owners change. I am not going to go over the ground we that we have so often argued about with regard to the commercial and other use of the site. It is clear that the neighborhood has lost that battle.Clear that we are going to have the 136,000 square feet,with an almost close to downtown commercial intensity at Gates.And I recognize that our most dramatic"ask"in the case of such development,that there be no big box retail,has been secured by the proposed Special District legislation.And that the size of some of the less large commercial projects at Gates has been set initially at a smaller level.And that there will be special Council review of any requested excedences,which will open such requests to more sensitive attention for future broad citizen concerns than would have come from the Zoning Board of Appeals.Thank you Councilmembers Feroleto and Pridgen and other Councilmembers. The Special District is a great concept.Still it is also,as written to date,a great concern.Though it does all the foregoing things I have just listed,the Gates Special Zoning District as prepared by the Office of Strategic Planning just barely fleshes out some of what any zoning district,anywhere,should feature.The Special District's specifications are so scant that it is not an adequate zoning element. Almost anything is allowed as long as it meets the square footage/use criteria. I urge the Council to table the item and send the proposed legislation back to the City Administration for redrafting. The most telling public statement I heard of during the whole long run of the Gates issue was in a small public meeting which actually was focused on the Green Code.When asked why the Gates site zoning had been changed from N-2R residential zoning in one draft to commercial in the subsequent draft,the City Director of Planning answered with words to the effect that the change was because"that is what the developer wanted".Can't the City of Buffalo do better than this?What about the citizens of Buffalo and the future of the City? Can't the City Administration see a better way to serve the city's citizens and future than to act on such fundamental issues as zoning from the apparent sole criteria of what the property interest operation wants? A proper re-draft of the Special Zoning District legislation for Gates would include the following key elements: 1)Language should be incorporated which actually prevents present and future owners from specified undesirable treatment of the property. If standards are not specified in the zoning document,there is no security against undesirable future uses through either the SEQRA process or from the fact that aspects of future use will be reviewed by the Planning Board.Standards for environmental review and restrictions on use or design by a City agency will not be legally sustainable unless they are spelled out in City ordinance. 2)Toward such ordinance restriction on undesirable uses,it is excellent that the draft Special Zoning District language includes specification against big box development,includes restrictions on certain sizes of other specified uses,includes some attention to construction on the margins of the property,and includes the 136,000 square foot upper build-out limit. But to assure against an essential strip plaza,Special Zoning District criteria should be expanded to prevent parking in traditional plaza style in front of the buildings along Delaware, Linwood, Lancaster,and Lafayette Avenues. 3)Additionally,and to further insure protection against an inappropriate and insubstantial strip plaza look and feel,Special Zoning District language should be redone to require that all buildings be a minimum of three stories to comport more appropriately with the urban context in which they would be situated. 4)It is traditional for codes to include references to such things as"density","setbacks","materials","signage",etc. How is it possible that the zoning protections of the Special Zoning District can be adequate for the management of public interests with only a couple of pages of specification?Length is not the issue,but a comparison with the current Green Code easily underscores the virtual blank check being given the property owner on many traditional zoning concerns. 5)Attention should be given to the aforementioned concern regarding the construction of a use-specific building(the 50,000 square foot health club,for example)for which a planned tenant cannot be found,or for which a tenant vacates. 6.)The ordinance should call out,make reference to issues which the Council might consider in granting a special use permit.These would properly include such things as the residential nature of the neighborhood,on street parking impacts,historic compatibility,traffic impacts,design features,etc. 7.)Finally,and again,the attention of Councilmember Feroleto and Council President Pridgen to conversation and meeting with elements of the neighborhood has been outstanding,and has brought us as far as we come. Nevertheless,it has been unusual that,outside of this hearing today,there has not been one general audience public meeting regarding the Special Zoning District.Zoning is a foundational element of life in urban areas. If the Council sees the wisdom of attending to the foregoing points,opportunity for appropriate public input on the points above and any other where relevant should be encouraged. In the face of my recommendations,the Montante interests may tell the Common Council that more legislation is redundant,unnecessary, that they are not going to do the things that I ask for protective legislation against. If that is the case,then why not insure this good outcome with law?The market changes,property owners change their thinking,properties get sold.The City should ground its wisdom on what should be done in law,not on easy talk on the Ninth Floor. The Montante interests may say that my recommendations are moving the goal posts on which they have focused.That is not true. Montante acquired the Gates property with zoning allowances for existing large scale residential zoning in place.Since that time they,the City,and citizens have been engaged in a long,ongoing discussion regarding where to move the zoning goal posts which Montante have asked to be moved. The Montante interests may argue some version of the idea that the City and its citizens have an obligation to allow them to use their untrammeled business judgment to insure that their investment succeeds.There are other,and longer term,more committed investors in Buffalo as well,those citizens who live here,pay residential mortgages,deal with the difficulties of operating a business,have put down their own stake in the city.Gates is probably the most valuable piece of property in Buffalo,outside of downtown and off the waterfront. Zoning protections for Gates are about civic action so Buffalo can keep Gates that way,for Buffalo.This conversation is about doing that well and should be continued. Thank you Council for your attention. REFERRED TO THE COMMITTEE ON LEGISLATION NO.1222 R.WYATT-L.HERTIENNE-NEIGHBORS OPPOSE USED CAR DEALER AT 300 KENMOREL Attention: Please find attached a list of resident's comments regarding proposed used car lot,300 Kenmore Ave, Buffalo, NY 14216. Thank you. Rasheed N.C.Wyatt University District Councilmember Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ZONING BOARD OF APPEALS PETITIONS NO.1223 M.ROMANOWSKI,AGENT,REZONE 854 ELLICOTT FROM A MIXED R3&CM TO A CM (ELI)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION,THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO.1224 A.QASEM,OWNER,USE 2883 BAILEY,FORA NEW OWNER OF A RESTAURANT IN THE KENSINGTON-BAILEY SPECIAL DISTRICT (UNIV)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1225 G.HERZOG,OWNER,USE 3199 MAIN TO OPERATE A RESTAURANT/BAR IN THE TRANSIT STATION AREA DISTRICT (UNIV)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1226 A.MOORE,AGENT,USE 3 LOT LINES(AKA 85 SILO CITY)TO CONVERT WAREHOUSE TO A RESTAURANT IN THE BUFFALO RIVER COASTAL REVIEW DISTRICT (SOUTH)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1227 R.STANTON,OWNER,USE 415FRANLDIN TO INSTALL A GROUND SIGN IN FRONT OF A MIXED USE BUILDING (FILL)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1228 F.LAZARUS,AGENT,USE 540 COLVIN TO ERECT 17'HIGH POLE SIGN ON PRIVATE PROPERTY IN FRONT OF STORAGE BUILDING IN A Cl ZONING DISTRICT(DEL)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1229 F.LAZARUS,AGENT,USE 110 GENESEE-TO ERECT A BILLBOARD SIGN ON THE SIDE OFA 4 STORY MIXED USE BUILDING IN THE SIGN OVERLAY AND DOWNTOWN OPPORTUNITY DISTRICTS(ELL)(HRG 5/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1230 J.MCCARTHY.OWNER,USE 225 LEXINGTON FOR A SIDEWALK CARE FILL NO HRG REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.1231 M.VERTINO&OTHERS PETITION FOR WHEEL CHAIR ACCESS FOR SHOSHONE PARK Attention: Please find attached Petition for Wheelchair Access for Shoshone Park. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS CIVIL SERVICE (RASHEED N.C.WYATT,CHAIRPERSON) NO.1232 APPOINT COMMUNITY RECREATION AIDE(PERM)(STEP 12)(EI-AMIN)(PW) (CCP#16-1043,05/10) Mr.Wyatt moved: That Communication 1043 of May 10,2016,be received and filed and that the Permanent appointment of,Vanico El-Amin, 170 Hagen St, Buffalo, NY 14215 to the Position of Recreation Aide at Step 12 of$38,982.00 is hereby approved. PASSED AYES-9 NOES-0 NO.1233 APPOINT WATER LINE INSPECTOR(PERM)(MAX)(SULLIVAN)(PW) (CCP#16-1044,05/10) Mr.Wyatt moved: That Communication 1044 of May 10,2016,be received and filed and that the Permanent appointment of, Perry Sullivan,416 Ashland Ave, Buffalo, NY 14222 to the Position of Water Line Inspector,at the Maximum Salary of$47,517.00 is hereby approved. PASSED AYES-9 NOES-0 NO.1234 APPOINT BUILDING INSPECTOR(PROV)(2NDSTEP)(EIZARRO)(EDEI) (CCP#16-1056,05/10) Mr.Wyatt moved: That Communication 1056 of May 10,2016,be received and filed and that the Provisional appointment of, Daniel Pizarro,493 Massachusetts, Buffalo, NY 14213 to the Position of Building Inspector,at the 2'd Step of$33,304.00 is hereby approved. PASSED AYES-9 NOES-0 NO.1235 APPOINT BUILDING INSPCCTOR(TEMP)(2NDSTEP)(BATES)(EDPI) (CCP#15-1057,05/10) Mr.Wyatt moved: That Communication 1057 of May 10,2016,be received and filed and that the Temporary appointment of,Monique Bates,40 Laurel Street, Buffalo, NY 14209 to the Position of Building Inspector,at the 2nd Step of$33,304.00 is hereby approved. PASSED AYES-9 NOES-0 NO.1236 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(EEP#16-1070,05/10) Mr.Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.1237 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CCP#16-341,02/15) Mr.Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A.FONTANA,CHAIRPERSON) NO.1238 PERMISSION TO AUCTION/SCRAP(ADMIN AND FINANCE)(ITEM NO.1058,C.C.P.,MAY 10,2016) 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 Director of Purchase to auction or scrap various items which was previously submitted to the Common Council that are in inventory at the Apollo Media Center that are either broken or obsolete;and That the Common Council hereby authorizes the Director of Purchase to auction/scrap Vehicle F-06 from the Fire Department that is no longer road worthy. PASSED AYES-9 NOES-0 NO.1239 INDEPENDENT CONSULTANTS AUDIT ON THE COMMON COUNCIL'S PAYROLL PROCEDURES(COMPT)(CCP#16-904,04/26) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.1240 BFD RESPONSE TO PAYROLL AUDIT(COMPT)(CCP#16-0424,03/01) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.1241 AUDIT OF FIRE DEPT PAYROLL PROCEDURES(COMPT)(CCP#16-307,2/16) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.1242 RESPONSE ON ANNUAL AUDIT PLANS FILED WITH THE COMMON COUNCIL(COMPT) (ITEM NO.2050,C.C.P.,OCT.13,2015) Mr. Fontana moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR.,CHAIRPERSON) NO.1243 CALL FOR ARTISTS ALLEN STREET EXTENSION PROJECT(ARTS COMM) (ITEM NO.1017,C.C.P.,MAY 10,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; Mr.Golombek now moved that the above item be Received and Filed ADOPTED NO.1244 CALL FOR ARTISTS-NIAGARA STREET NOW STREETSCAPE PROJECT(ARTS COMM) (ITEM NO.1018,C.C.P.,MAY 10,2016) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; Mr.Golombek now moved that the above item be Received and Filed ADOPTED NO.1245 CALL FOR ARTISTS-SHORELINE TRAIN REHABILITATION PROJECT(ARTS COMM) (ITEM NO.1019,C.C.P.,MAY 10,2016) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; Mr.Golombek now moved that the above item be Received and Filed ADOPTED NO.1246 B.MAPPS-REQUEST NON-DEV OF CITY LOTS-WHICH COMPRISE INSPIRATION GARDEN AT JEFFERSON&CHERRY ST (C.C.P.#16-1077,MAY 10) Mr.Golombek now moves that the above item be Received and Filed. ADOPTED NO.1247 REPORT OF SALE-107 EDISON(UNIV)(STRAT PLAN) (ITEM NO.898,C.C.P.,APR.26,2016) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the offer from La Kicia M. Hughes-Roach of 237 Stevens Avenue, Buffalo, New York 14215,in the amount of Eleven Thousand Dollars($11,000.00)for the purchase of 107 Edison be and hereby is accepted;and That the purchasers agree to pay for all closing costs associated with the transfer of title,including but not limited to,transfer tax and recording frees;and that the purchasers agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property;and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same,in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO.1248 CREATION OF ART IN PUBLIC PLACES COMMITTEES(ARTS COMM) (C.C.P.#16-543,MAR 15) Mr.Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P.SCANLON,CHAIRPERSON) NO.1249 MOBILE FOOD TRUCK-TUK TEA COMPANY LLC(DPIS) (ITEM NO.1049,C.C.P.,MAY 10,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316,Article IX of the City of Buffalo Ordinances,the Commissioner of the Department of Economic Development Permit and Inspection Services be,and he hereby is authorized to grant a Mobile Food Truck License to Beverly Former and Randy Former of 21 Florence Avenue, Buffalo, New York 14214 d/b/a Tuk Tea Company LLC is hereby approved. PASSED AYES-9 NOES-0 NO.1250 MOBILE FOOD TRUCK-LOMO LOMO(DPIS) (ITEM NO.1050,C.C.P.,MAY 10, 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 pursuant to Chapter 316,Article IX of the City of Buffalo Ordinances,the Commissioner of the Department of Economic Development Permit and Inspection Services be,and he hereby is authorized to grant a Mobile Food Truck License to Samuel Geyer and Matthew Pauszek of 22 Parkview Avenue, Lackawanna, New York 14218 and 188 Martin Avenue, Blasdell, New York 14219 d/b/a Lomo Lomo is hereby approved. PASSED AYES-9 NOES-0 NO.1251 MOBILE FOOD TRUCK-PAPA'S PIZZA TRUCK INC.(DPIS) (ITEM NO.1051,C.C.P.MAY 10,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That pursuant to Chapter 316,Article IX of the City of Buffalo Ordinances,the Commissioner of the Department of Economic Development Permit and Inspection Services be,and he hereby is authorized to grant a Mobile Food Truck License to Samantha Troup and Brian Carroll of 1423 Westwood Drive, North Tonawanda, New York14120 and 447 Robinson Street, North Tonawanda, New York 14120 d/b/a Papa's Pizza is hereby approved. PASSED AYES-9, NOES-0 NO.1252 PROPERTY MANAGEMENT LICENSE-11 SUMMER STREET,SUITE 3W(ELL)(DPIS) (ITEM NO.1052,C.C.P.,MAY 10,2016) That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That pursuant to Chapter 265 of the City of Buffalo Ordinance,the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to issue a Property Management License to Jessica Gildea 11 Summer Street,Suite 3W. PASSED AYES-9 NOES-0 NO.1253 USED CAR DEALER-2405 BAILEY(FILL)(DPIS) (ITEM NO.1054,C.C.P.,MAY 10,2016) 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 Commissioner of the Department of Economic Development, Permits arid Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Jere!Pittman d/b/a R1 Automotive,located at 2405 Bailey. PASSED AYES-9 NOES-0 NO.1254 USED CAR DEALER-982 BROADWAY(FILL)(EDPI) (C.C.P.#16-1055,MAY 10) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED NO.1255 A.HOLYCROSS,AGENT,TO USE 1360 NIAGARA TO CONVERT A WAREHOUSE TO A MIXED USE RESIDENTIAL BUILDING IN THE NIAGARA COASTAL DISTRICT(NIA) (ITEM NO.1080,C.C.P.,MAY 10,2016) 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. Holycross,Agent,to convert a warehouse/manufacturing building to mixed use/residential,located at 1360 Niagara in the Niagara River Coastal Review District. PASSED AYES-9, NOES-0 NO.1256 D.MCMAHON,AGENT,TO USE 630 OHIO TO ERECT 2 SETS OF BALCONIES AT 2 SIDES OF A 1 STORY MASONRY FORMER FREIGHT HOUSE IN THE BUFFALO COASTAL DISTRICT(SOUTH) (ITEM NO.1082,C.C.P.,MAY 10 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.McMahon,Agent,to erect two(2)sets of balconies at two(2)sides of a one story masonry former freight house located at 630 Ohio in the Buffalo Coastal Special Review District. PASSED AYES-9 NOES-0 NO.1257 N.ABRAMO,OWNER,TO USE 2 RUSSELL FOR WROUGHT IRON RAILING ON CITY RIGHT-OF-WAY FOR AN OUTDOOR CAFE(DEL)(DPIS) (ITEM NO.1083,C.C.P.,MAY 11,2016) 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 N.Abramo,Owner,to place a wrought iron railing on a City right-of-way for an outdoor café in a Cl zoning district,located at 2 Russell. PASSED AYES 9, NOES 0 NO.1258 B.BAILEY,JR.,OWNER,TO USE 3223 BAILEY TO REESTABLISH A USED AUTO DEALERSHIP UNDER NEW OWNERSHIP IN THE KENSINGTON BAILEY ZONING DISTRICT(UNIV)(DPIS) (ITEM NO.1085,C.C.P.,MAY 19 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 B. Bailey,Jr.,Owner,to reestablish a used auto dealership under new ownership,located at 3223 Bailey in the Kensington/Bailey Special Zoning District,upon the following conditions: • Fifteen(15)car limit • No ears associated with the-business will be on the street PASSED AYES-9, NOES-0 NO.1259 ORDINANCE AMENDMENT-CHAPTER 409 STATUES AND MONUMENTS,PUBLIC ART (ITEM NO.1134,C.C.P.,MAY 10,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That Chapter 409 of the Code of the City of Buffalo,as it relates to Statues and Monuments, Public Art be amended as specified in the attached Ordinance Amendment. PASSED AYES-9NOES-0 NO.1260 ORDINANCE AMENDMENT-CHAPTER 316 PEDDLING AND SOLICITING (ITEM NO.1135,C.C.P.,MAY 10,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That Chapter 316 of the Code of the City of Buffalo,as it relates to Peddling and Soliciting be amended as specified in the attached Ordinance Amendment. PASSED AYES—9, NOES-0 NO.1261 B.BERNATOVICZ,AGENT,TO USE 625 ABBOTT FOR A GROUND SIGN(SOUTH)(DPIS) (ITEM NO.1111,C.C.P.,MAY 10,2016) Mr.Scanlon moved: That the above item be,mad the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of B. Bernatovicz,Agent,to place an illuminated 8'wide by 4'high side with a 3'masonry base to read"Sisters of Mercy"and more,located at 625 Abbott a/k/a 88 Red Jacket(R2 zone). PASSED AYES-9 NOES-0 NO.1262 FOOD STORE LICENSE(NEW)-1560 SOUTH PARK(SOUTH)(DPIS) (ITEM NO.1114,C.C.P.,MAY 10,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; Mr.Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO.1263 FOOD STORE LICENSE(NEW)—468 NIAGARA(ELL)DPIS) (ITEM NO.928,C.C.P.,APR.26,2016) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for denial; That the Commissioner of Permits and Inspections Services hereby denies the application of Sango Clever d/b/a Sunshine Market to operate a food store located at 468 Niagara. DENIED AYES 9, NOES 0 NO.1264 MOBILE RETAIL BUSINESS(PRIDGEN) (C.C.P.#16-1007,APR 26) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED NO.1265 REGULATION OF MOBILE CANTEEN TRUCKS IN THE CITY OF BUFFALO (ITEM NO.1009,C.C.P.,ARP.26,2016) That the above item be,and is returned to the Common Council without recommendation. Mr.Golombek moved: That the Common Council believes that Mobile Canteen Trucks needs to be regulated to the same degree as Mobile Food Vehicle Vendors;and that the Common Council requests that the Corporation Council,with the assistance from the Department of Permits and Inspections amend the City Charter to include an ordinance that regulates Mobile Canteen Trucks in the same way as Mobile Food Vehicle Vendors;and that the Common Council hereby directs the City Clerk to send copies of this Resolution to the Department of Law, Department of Police, Department of Permits and Inspections and the Department of Parking. PASSED AYES 9, NOES 0 NO.1266 ORDINANCE AMENDMENT-CHAPTER 511 ZONING (ITEM NO.673,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 Chapter 511 of the Code of the City of Buffalo,as it relates to Zoning be amended as specified in the attached Ordinance Amendment. PASSED AYES 9, NOES 0 NO.1267 D.FRANCZYK-M.CRAWFORD-CONCERNS CANTEEN TRUCKS (C.C.P.#16-479,MAR 1) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED NO.1268 D.HALL,AGENT,TO USE 789 TONAWANDA TO PLACE A GROUND SIGN AND 13 VARIOUS TYPES OF SIGNS IN A R2 DISTRICT(NORTH)(DPIS) (ITEM NO.2055,C.C.P.,OCT.13,2015) Mr.Scanlon moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D. Hall,Agent,to place a ground sign and 13 other various types of signs in a R2 District,located at 789 Tonawanda upon the following conditions: Conditions set by The Planning Board PASSED AYES-9 NOES-0 NO.1269 INSTITUTING FINES AIMED AT STORES SELLING UNTAXED CIGARETTES(FONTANA)(EXC RES) (C.C.P.#14-2141,OCT 14) Mr.Scanlon now moves that the above item be Received and Filed. ADOPTED NO.1270 SIDE STREET SPEED LIMIT(FONTANA)(EXC RES'S) (CCP#14-1652,07/22) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO.1271 BY:DELAWARE DISTRICT COUNCIL MEMBER JOEL P.FEROLETO WAIVE PERMIT AND SPECIAL EVENT FEES FOR SAVE THE MICHAEL'S OF THE WORLD LIGHT THE NIGHT MEMORIAL Whereas:Save the Michael's of the World will host a community event on June 4th,2016 at 7:00-9:30 p.m.behind the Buffalo History Museum on 1 Museum Court; Whereas:Save the Michael's of the World is an organization that has played a significant role in spreading awareness of opiate and opioid abuse in Western New York for the last five years; Whereas: It has been five years since the passing of Michael David Israel,whom the organization is named after; Whereas:Save the Michaels of the World would like to remember Michael,and all those the community has lost,by bringing light to the night. Now,Therefore Be It Resolved: That the City of Buffalo Common Council hereby waives any permit and Special Events fees associated with holding the Light the Night Memorial behind the Buffalo History Museum on 1 Museum Court on June 4th,2016 at 7:00 p.m. Be It Further Resolved: That a copy of this Resolution be sent to the Department Of Special Events,and the Department of Permits and Inspections. PASSED AYES 9, NOES 0 NO.1272 SPONSOR:JOEL P.FEROLETO WAIVING THE PERMIT FEES FOR BUFFALO ZOO SUMMER PARKING Whereas,The Buffalo Zoo is looking to open the parking options to their customers on the weekends from June 4`h'2016 to September 6`h'2026; and Whereas,with well over 400,000 visitors a year since 2008,the Buffalo School is attracting more and more visitors every day;and Whereas,an increase in summer parking will also help alleviate traffic around the Buffalo Zoo,which constituents have called and complained about numerous times;and Whereas,with the Crandall lot and the St.George's lot are unused on weekends,the allowance of the Buffalo Zoo to use these lots will help business grow and ease tensions with the surrounding neighborhood;and Now,Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park from June 4`h'2016, through September 6th,2016 on the weekends;and Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and Special Events. PASSED AYES 9, NOES 0 NO.1273 BY: MR.FONTANA TRANSFER OF FUNDS—CITY CLERK 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: 1022007-4451000 City Clerk-General Contracting $33,500 To: 13116007-473010 Street Lighting-Road Improvements $20,000 1416007-473020 PW-Parks,Golf Courses&Gardens Struct Improv $13,500 PASSED AYES 9, NOES 0 NO.1274 BY: MR.FONTANA TRANSFER OF FUNDS-PERMITS LAND IMPROVEMENTS 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: 15512007-474200 Senior Services Vehicles Capital $4,100 To: 16550007-4741010 Permits Land Improvements $4,100 PASSED AYES 9, NOES 0 NO.1275 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 24,2016 COUNCIL MEMBER DAVID A.FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION: REQUEST CITY FEE WAIVERS FOR"NATIONAL SUMMER LEARNING DAY"AT CANALSIDE Whereas:"National Summer Learning Day"is an annual national advocacy day led by the National Summer Learning Association to provide access to high-quality summer learning experiences.When the school doors close,many children lack access to educational and developmental opportunities and may experience setbacks in academic performance;and Whereas:the After School Network of WNY(ASNWNY)has generously volunteered in the planning of this event and will partner with many other social service non-profits,the Erie County Youth Bureau and Say Yes to Education Buffalo.They intend to bring awareness to students who participate in the summer programs to reduce"summer learning loss."The ASNWNY will provide our youth with high-quality summer learning opportunities that help close the achievement gap and support healthy development;and Whereas:On Wednesday,July 13,2016 located at Buffalo's Canalside,the Afterschool Network of WNY joins the annual national advocacy day led by the National Summer Learning Association to elevate the importance of keeping kids learning all summer long. Now,Therefore Be It Resolved that The City of Buffalo Common Council- request that all City related fees be waived to include:Special Event,Tent,City stage,and garbage fees for the National Summer Learning Day event on Wednesday,July 13,2016 at Canalside;and that copies of this Resolution be forwarded to the Department of Public Works, Fire,Special Events,and Permits PASSED AYES 9, NOES 0 NO.1276 BY: MR.FRANCZYK SUPPORT FOR SHORELINE APARTMENT RESIDENTS WHEREAS: Norstar Development USA has received federal low-income housing tax credits through the New York State Division of Housing and Community Renewal(DHCR)to replace the existing Shoreline Apartments with a newly built low-income housing development;and, WHEREAS:The process was originally designed to be a simple and easy three phase transition for all existing tenants to segue into the new development with a minimum of disruption and uncertainty;and, WHEREAS: Unfortunately,a smooth transition plan became severely dislocated when the original three phases of the development was reduced to two by Norstar,creating an unacceptable situation where as many as 3.75 people have to be out of their current apartments by November 2016,in many cases with no place to go;and, WHEREAS:a contentious Shoreline resident informational meeting conducted by Norstar on May 23,2016,quickly demonstrated that Norstar had lost the confidence and support of many tenants,who believe they are being given short shrift by a development plan which puts them in a terrible situation of having no place to live;and, WHEREAS: Norstar certainly has not handled their relocation plan in a proper manner and must immediately rectify the particulars of the plan to meet the needs of all current tenants,many of whom have resided at Shoreline Apartments for many decades;and, WHEREAS:The danger is that the tenants might end up in a"limbo situation,"since Norstar cannot receive state funding until a relocation plan is approved by the New York State Division of Housing and Community Renewal(DHCR),which has not occurred;and, WHEREAS:Additionally,it appears that Norstar has not submitted a full application to the New York State Housing Finance Agency necessary to complete the project; NOW THEREFORE BE IT RESOLVED: That the Common Council supports the residents of Shoreline Apartments in their quest to achieve a seamless transition to the housing of their choice without"being thrown to the curb"as one resident put it.This may include more time to find replacement housing,or having the ability to stay in the new Shoreline if that is their wish.Tenants were told that if they want to find housing through Belmont Shelter,for example,it could be a two- year waiting list,long after the November 2016 deadline for eviction from Shoreline; BE IT ALSO RESOLVED:That the Common Council request the response and involvement of DHCR in resolving this problem,as well as notifying the Western New York local state delegation;and BE IT FINALLY RESOLVED: That the Common Council desires a response from Norstar on how they intend to resolve this serious problem,largely of their own making. ADOPT 1st RESOLVE REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.1277 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 18,2016 COUNCIL MEMBER FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION: WAIVER OF FEES FOR BUFFALO RIVER FEST Whereas,on June 17,2016,The Valley Community Association will host the 16`h annual Buffalo River Festival in Buffalo River Fest Park at 249 Ohio Street in Buffalo; Whereas,this family-friendly entertainment event will be a celebration of the Buffalo River as a rallying point for and symbol of the resurgence of WNY; Whereas,the success of this event is contingent upon the assistance of community stakeholders,businesses,and The City: Now,Therefore Be It Resolved that The City of Buffalo Common Council-- 1)Shows its support for Buffalo River Festival by approving the waiving of fees associated with the event that would normally be levied by The City for use of services and public space; 2)Intends that waived fees referred to in the previous resolve include but are not limited to park space rental,athletic facility permits,refuse and recycling service,and special event fees;and 3)Directs Staff to forward copies of this resolution to the mayor's office of Special Events, Department of Permit and Inspection Services,and Division of Parks and Recreation. PASSED AYES 9, NOES 0 NO.1278 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 16,2016 COUNCIL MEMBER DAVID A.FRANCZYK SUBMITTED THE FOLLOWING RESOLUTION: WAIVE EVENT FEE AND PARK PERMIT FEE FOR"SPERRY PARK UNITY DAY" Whereas,On Saturday,August 27,2016,the"Sperry Park Unity Day"will take place at Sperry Park on Sherman Street in Buffalo, New York;and Whereas,This Unity Day event will allow families in the community as well as other communities to enjoy a celebration of Life, Love and Fun. Now,Therefore Be It Resolved that The City of Buffalo Common Council- request that all Special Event permit fees and the Park permit fee be waived for the August 27,2016"Sperry Park Unity Day"event,conditioned upon obtaining the necessary insurance for the event: Be It Further Resolved: that copies of this Resolution he forwarded to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO.1279 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 25,2016 COUNCIL MEMBER GOLOMBEK SUBMITTED THE FOLLOWING RESOLUTION: WAIVER OF FEES FOR TOM HAMBRIDGE AMERICANA MUSIC FESTIVAL Whereas,the Tom Hambridge Americana Music Festival is a first annual event in Riverside Park on June 25`h and June 26th,put together by the Sportsmens Americana Music Foundation; Whereas,the Goal of the Tom Hambridge Americana Music Festival is to hold a family friend event in Riverside Park and expose the rich and vital talents of local musicians; Whereas,the event involves live music from bands such as The Commander Cody Band, Bill Kirchen, Uncle Bens Remedy and many more: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1)approves the waving of all fees related to the use of Riverside Park for the Tom Hambridge Americana Music Festival; 2)the City Clerk is directed to send a copy of this resolution to the Department of Public Works, Parks and Street and the Office of Special Events. PASSED AYES 9, NOES 0 NO.1280 BY: MR.GOLOMBEK DISCHARGE COMMITTEE ON COMMUNITY DEVELOPMENT ITEM#16-1026 C.C.P.MAY 11,2016 "REPORT OF SALE-1750&1756 GENESEE,23,25,29&31 KILHOFFER,10&14 ZENNER(STRAT PLAN) Whereas:The above item is currently in the Committee on Community Development;and Whereas: It is no longer necessary for this item to be considered by that committee; Now,Therefore Be it Resolved: That this Common Council does hereby discharge the Committee on Community Development from further consideration of Item#16-1026 C.C.P. May 11,2016"Report of Sale-1750&1756 Genesee,23,25,29&31 Kilhoffer, 10&14 Zenner(Strat Plan)"and said item is now before the Common Council for its consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.1281 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MARCH 15,2016 COUNCIL PRESIDENT PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: PLANS FOR REVITALIZATION OF JEFFERSON AVENUE FROM EAST UTICA TO SWAN ST Whereas:in July of 2011,the City of Buffalo Common Council passed a resolution titled"Revitalization of the 500 Block of Main Street"and as a result,Whereas:Main Street has evolved into a thriving business area that is aesthetically pleasing to those who pass by; Whereas:for many years Jefferson Avenue was a significant part of the Eastside of Buffalo,a major hub of businesses and activity,site of the Juneteenth celebration and the original home to the Apollo Theater which currently operates as a media center for the community; Whereas:the residents of this community share a common desire to see Jefferson Ave.returned to a time of owner occupied homes and viable businesses;and Whereas:the proposed revitalization will undoubtedly have a positive impact on not only Jefferson Ave.,but adjoining neighborhoods as well: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1)requests that by the end of April,the Ellicott Council Office send a letter to building owners who have properties in visible distress,asking them to submit a written plan that includes a timeline for necessary repairs. 2)requests that in June,the Department of Permits and Inspections(EDPI)begin a blitz of the identified distress properties on Jefferson Avenue. 3)requests that in October,2016 the addresses of the owners who have failed to comply with the planned improvements be made public and their properties be referred to court requests that the Ellicott District office contact the Buffalo Urban Renewal Agency, Erie County Industrial Development Agency and other pertinent agencies to utilize their various programs to help spawn business development along Jefferson Avenue. 4)requests that future resolutions be written that encompass funding and permission to hang flags and holiday ornaments along Jefferson Avenue to celebrate the area's rich history. REFERRED TO THE COMMITTEE ON COMMUNITY DEVEOPMENT NO.1282 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 10,2016 COUNCIL MEMBER PRIDGEN SUBMITTED THE FOLLOWING RESOLUTION: SECOND IN-REM AUCTION FOR LARGE PROPERTIES Whereas,the City of Buffalo holds an In-rem auction once a year in which prospective buyers bid on a list of properties foreclosed by the City due to owner failure to pay taxes,water bills,sewer rents and other fees associated with the property; Whereas,the In-rem auction attracts first time home buyers,current owners trying to purchase adjacent lots next door,as well as real estate investors; a major concern of the residents of the City of Buffalo is the purchase of large residential and commercial properties by investors during the In-rem auction that go on to be unmaintained,undeveloped and ultimately become a major source of blight in their respective communities; Whereas,in several cases,large amounts of properties are bought at auction by the same individual,partnership or Limited Liability Company for investment,from small single family dwellings to large commercial properties; Whereas,when a large property is not maintained and becomes beyond repair,the property must be demolished at the expense of the City of Buffalo; a separate In-rem auction for targeted large residential and commercial buildings(such as warehouses,churches,big box retails spaces)in which bidders must pass a more rigorous application process would help the City to identify those bidders who have both the means and desire to utilize large residential and commercial buildings in a way that will benefit their communities; Whereas,this separate auction would allow for the City to screen developers and landlords in a more project specific way to ensure their ability to maintain and develop any potential In-rem properties; Now,Therefore Be It: Resolved that The City of Buffalo Common Council-- 1)requests the Department of Assessment and Taxation, Department of Treasury,Corporation Counsel,the Office of Real Estate and the Office of Strategic Planning submit their recommendations and feedback on a second City In-rem auction for large residential and commercial properties; 2)copies of this resolution be sent to the Department of Assessment and Taxation, Department of Treasury,Corporation Counsel,the Office of Real Estate and the Office of Strategic Planning REFERRED TO THE COMMITTEE ON LEGISLATION NO.1283 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON MAY 18,2016 COUNCIL MEMBER CHRISTOPHER P.SCANLON SUBMITTED THE FOLLOWING RESOLUTION: DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: ITEM NO 16-932(APRIL 26)MOBILE FOOD TRUCK-GOURM ASIAN BISTRO Whereas,The above item is currently in the Legislation Committee;and Whereas, It is no longer necessary for this item to be considered by that Committee. Now,Therefore Be It Resolved that The City of Buffalo Common Council-- 1.)does hereby discharge the Legislation Committee from further consideration of Item No 16-932 CCP April 26,2016,and said item is now before the Common Council for its consideration. ADOPT DISCHAGE, PASSED AYES 9, NOES 0 NO.1284 BY:COUNCIL MEMBER SCANLON HOME RULE REQUEST TO PASS ASSEMBLY BILL A.9703,"AN ACT IN RELATION TO AUTHORIZING ADAM MARKEL TO BE GRANTED A RETROACTIVE MEMBERSHIP IN THE NEW YORK STATE AND LOCAL EMPLOYEES'RETIREMENT SYSTEM AND BE GRANTED TIER 2 STATUS IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM" WHEREAS,Adam Markel,who was employed as a part-time employee with the State University of New York at Buffalo with a start date of September 5,2006 until April 14,2009,and who is currently a member of the New York State and Local Police and Fire Retirement System,who through no fault of his own did not become a member of the New York State and Local Employees'Retirement System on September 5,2006 when first employed by the State University of New York at Buffalo shall be deemed to have been a member of the New York State and Local Employees' Retirement System on such date and such service credit shall be transferred to the New York State and Local Police and Fire Retirement System, provided that an application is filed with the head of the New York State and Local Police and Fire Retirement System within one year from the effective date of this act;and WHEREAS,no contributions made to the New York State and Local Police and Fire Retirement system by Adam Markel shall be returned of refunded to him pursuant to this act;and WHEREAS,all past service costs associated with the implementation of this act shall be borne by the State University of New York at Buffalo;and WHEREAS,Adam Markel be granted Tier 2 status in the New York State and Local Police and Fire Retirement System,who is a current Tier 5 member employed by the City of Buffalo,by changing his date of membership to September 5,2006,his first date of employment with the State University of New York at Buffalo,where there will be no refund of member contributions;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.9703,entitled"An act in relation to authorizing Adam Markel to be granted a retroactive membership in the New York State and Local Employees'Retirement System and be granted Tier 2 status in 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 Adam Markel,an employee of the City of Buffalo,to be granted a retroactive membership in the New York State and Local Employees'Retirement System.This bill allows Adam Markel to be granted Tier 2 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.1285 BY:COUNCIL MEMBER SCANLON HOME RULE REQUEST TO PASS SENATE BILL S.7111,"AN ACT IN RELATION TO AUTHORIZING ADAM MARKEL TO BE GRANTED A RETROACTIVE MEMBERSHIP IN THE NEW YORK STATE AND LOCAL EMPLOYEES'RETIREMENT SYSTEM AND BE GRANTED TIER 2 STATUS IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM" WHEREAS,Adam Markel,who was employed as a part-time employee with the State University of New York at Buffalo with a start date of September 5,2006 until April 14,2009,and who is currently a member of the New York State and Local Police and Fire Retirement System,who through no fault of his own did not become a member of the New York State and Local Employees'Retirement System on September 5,2006 when first employed by the State University of New York at Buffalo shall be deemed to have been a member of the New York State and Local Employees' Retirement System on such date and such service credit shall be transferred to the New York State and Local Police and Fire Retirement System, provided that an application is filed with the head of the New York State and Local Police and Fire Retirement System within one year from the effective date of this act;and WHEREAS,no contributions made to the New York State and Local Police and Fire Retirement system by Adam Markel shall be returned of refunded to him pursuant to this act;and WHEREAS,all past service costs associated with the implementation of this act shall be borne by the State University of New York at Buffalo;and WHEREAS,Adam Markel be granted Tier 2 status in the New York State and Local Police and Fire Retirement System,who is a current Tier 5 member employed by the City of Buffalo,by changing his date of membership to September 5,2006,his first date of employment with the State University of New York at Buffalo,where there will be no refund of member contributions;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.7111,entitled"An act in relation to authorizing Adam Markel to be granted a retroactive membership in the New York State and Local Employees'Retirement System and be granted Tier 2 status in 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 Adam Markel,an employee of the City of Buffalo,to be granted a retroactive membership in the New York State and Local Employees'Retirement System.This bill allows Adam Markel to be granted Tier 2 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.1286 BY:COUNCIL MEMBER SCANLON LOCAL LAW NO. (2016) INTRODUCTORY NO.1 (2016) ARTICLE 24.OFFICERS AND EMPLOYEES A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE ADDITIONAL SUMS PAID TO LEADERSHIP AND CHAIRMAN POSITIONS: BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 24-12 of the Charter of the City of Buffalo,adopted as pursuant to law,be amended to read as follows: §24-12.Salaries of Elected Officials. A mayor elected under this act shall receive an annual salary of one hundred and five thousand dollars.The comptroller shall receive an annual salary of eighty-eight thousand four hundred twelve dollars. Each council member shall receive an annual salary of fifty-two thousand dollars. Each of the aforementioned elective officials may choose to refuse any increase in annual salary if,in his or her opinion,the fiscal times so warrant.Any such refusal must be in writing and directed to the comptroller and the commissioner of administration and finance,and shall not affect the salary of future office holders or of the same individual if elected to a different office. The council president elected from the membership of the council shall receive,in addition to the salary above provided,the annual sum of[ten] fifteen thousand dollars.The council shall designate a majority leader and a minority leader,each of whom shall serve at the pleasure of the council. Any council member serving as majority leader shall receive,in addition to the salary above provided,the annual sum of ten[five]thousand dollars, and any council member serving as minority leader shall receive,in addition to the salary above provided,the annual sum of twenty-five hundred dollars,said sums to be paid such majority leader or minority leader,respectively,only while performing the additional duties.Any council member serving as and performing the additional duties of President Pro Tempore of the Common Council shall receive in addition to the salary above provided,the annual sum of six thousand dollars,said sums only to be paid while performing the additional duties.Any council member serving as and performing the additional duties of chairman of the following committees of the common council shall receive,in addition to the salary above provided,the annual sum of six[one]thousand dollars:chairman of finance committee;chairman of legislation committee;chairman of civil service committee,chairman of community development committee,chairman of education committee and chairman of claims committee. The failure of any council member or of the president of the council to attend any stated meeting of the council provided in this act or any meeting of the committee of the whole provided in the rules of the council,unless the council at such meeting,by a two-thirds vote of all the members elected thereto,excuse such failure to attend such meeting for reasons to be stated in the resolution of the council,shall result in a deduction equal to a one-fiftieth part of the salary of a council member for each such failure,and such deduction shall be made in certifying the payroll. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act,the provisions of this local law shall be controlling. Section 3: This Local Law shall take effect on July 1,2016 and after all prerequisites contained in Section 3-17 are met. APPROVED AS TO FORM ONLY Corporation Counsel By:Timothy A. Ball NOTE:Matter underlined is new,matter in brackets is to be deleted. LAID ON THE TABLE NO.1287 SPONSOR:CHRISTOPHER P.SCANLON DATE: MAY 16,2016 WAIVE EVENT FEES FOR OUR LADY OF CHARITY OUTDOOR MASS AT CAZENOVIA PARK WHEREAS:Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses,permits, and activities required or regulated under the provisions of various chapters of the code;and WHEREAS:The annual Our Lady of Charity Outdoor Mass will take place on Saturday,September 10,2016 in Cazenovia Park;and WHEREAS:This annual event allows the community the opportunity to come together to collectively celebrate their faith. Now,Therefore, Be It Resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events waive all applicable event fees for Our Lady of Charity Outdoor Mass in Cazenovia Park;and Be It Further Resolved, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Event PASSED AYES 9, NOES 0 NO.1288 BY: RASHEED N.C.WYATT UNIVERSITY DISTRICT COUNCILMEMBER WAIVE SPECIAL EVENT FEES/PERMIT FEES FOR UPTOWN FRESH HEALTHY LIFESTYLES MARKET JUNE 25-SEPTEMBER 24,2016 Date:Tuesday,May 24,2016 Whereas, Uptown Fresh Healthy Lifestyle Market will host its farmer stand Saturday,June 25,2016 through Saturday,September 24,2016. Hours of operation will be every Saturday 10:00 am-2:00pm at 3248 Bailey Avenue in the University District. Whereas, Uptown Fresh Healthy Lifestyles Market will utilize the lot located at 3248 Bailey Avenue from 10:OOam-2:OOpm every Saturday from June 25-September 24,2016; Whereas, Permittees shall assume complete responsibility for conducting the Uptown Fresh Healthy Lifestyle Market in compliance with all laws and ordinances applicable,with all directives of various city departments,including Police, Fire,and Street and Sanitation; 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 permits fees associated with this event;and Be It Further Resolved, That copy of this resolution is sent to the Department of Parks and Streets,the Department of Permits and Inspections,the Department of Special Events and to the Buffalo Police Department. PASSED AYES 9, NOES 0 NO.1289 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. Elizabeth Abbott Adam Culver Katherine Dinkuhn Emily Donnelly Matthew Greenberg Mark Labady Christian Lemke Mark Michael Mathews Sean Peter Mathews Daniel James Mettle Steven G.Meyer Gregory Prentiss Joseph Salemi Jake P,Wagner Timothy M,Walton TOTAL: 15 ADOPTED NO 1290 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. Adrienne L. Funderburk Total: 1 ADOPTED NO.1291 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13"'floor City Hall, Buffalo, New York,unless otherwise noted. Regular Committees Committee on Civil Service Tuesday,May 31,2016 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday,May 31,2016 at 10:00 o'clock A.M. Committee On Comm. Dev. Tuesday,May 31,2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday,May 31,2016 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday,June 2,2016 at 5:30 o'clock P.M. In Room 1417 City Hall (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.1292 ADJOURNMENT On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 3:30 PM