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Home My WebLink About16-0705 NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 5, 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: David A. Franczyk, Chairman, Joel P. Feroleto, Joseph Golombek Jr., David A. Rivera, Christopher P. Scanlon - 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 July 5, 2016 FINAL CORRECTED Roll Call Pledge of Allegiance Invocation 1577- 1. Felicitation/in Memoriam ADOPT MAYOR MAYOR – EXECUTIVE 1578- 2. Strat Plan-Auth Execution and Deliver a Signed Lease Agmt Btwn COB & Broadway Market Vendors for Purpose of Doing Business APP 1579- 3. Strat Plan-BURA Sub-Recipient Agreements-2016 CD 1580- 4. Strat Plan-Lease Agmt Btwn COB and Massachusetts Comm Ctr and Deve Copr d/b/a W. Side Comm Services for Use of 161 Vermont St APP 1581- 5. Strat Plan-Report of Sale-420 Busti(Ell) APP 1582- 6. Strat Plan-Report of Sale-102 Ivy St(Fill) APP 1583- 7. Strat Plan-Report of Sale-373 Leroy(Masten) CD COMPTROLLER 1584- 8. Annual Audit Plan-2016-2017 FIN COUNCIL PRESIDENT 1585- 9. Appoint Legislation Committee Chairman-July 1, 2016 ADOPT PUBLIC WORKS 1586- 10. Change in Contract-2016 Block Pruning APP 1587- 11. Change in Contract-Cars on Main ST 500 Block Proj(Ell) APP 1588- 12. Permission to Accept Funds from PAVENY APP 1589- 13. Permission to Hire Consultant Core Envir Consultants for Soils Mngt Plan And Environmental Contrs Oversite Walden Park(Lov) APP 1590- 14. Permission to Increase Consultant Contract-Ohio St and Inner Harbor Infrastructure Improvement Project(Fill) APP 1591- 15. Permission to Waive Formal Bidding Procedures for Single Source Service Of Computer Drives & PLC on W. Ferry St Lift Bridge APP 1592- 16. Report of Bids-Bflo Museum of Science Masonry Restoration Improv(Masten)_APP 1593- 17. Report of Bids-Manhattan Pump Station Improv Electrical Constr Contract APP 1594- 18. Report of Bids-Manhattan Pump Station Improv General Constr Contract APP 1595- 19. Report of Bids-Autumnwood CC Public Facilities Imp APP 1596- 20. Report of Bids-City Hall Improvements-High Rise Elevator(Ell) APP 1597- 21. Report of Bids-E. Clinton Library-HVAC & Roof Replacement APP 1598- 22. Appoint Supervisor of Street Sanitation I(Perm)(Inter)(Buchnowski) CS 1599- 23. Appoint Supervisor of Street Sanitation I(Perm)(Step 2)(Pace) CS 1600- 24. Appoint Supervisor of Street Sanitation I(Perm)(Step 3)(Martin) CS POLICE 1601- 25. Appoint Police Captains(Temp)(Kent, Nichols) CS rd 1602- 26. Appoint Motor Equipment Mechanic(Prov)(3 Step)(Colston) CS CORPORATION COUNSE 1603- 27. Claims Agenda CLAIMS PERMITS AND INSPECTIONS 1604- 28. Food Store (New) 468 Niagara(Ell) CD 1605- 29. Used Car Dealer-2687 Bailey(Univ) APP W/COND rd 1606- 30. Appoint Building Inspector(Prov)(3 Step)(Soto II) CS ADMINISTRATION AND FINANCE 1607- 31. Permission to Dispose of Equipment(Slicer, Counter, Shredder) APP PARKING 1608- 32. Appoint Special Assistant to the Commissioner(Exempt)(Hough) CS COMMUNITY SERVICES 1609- 33. Proposed Agreement With Say Yes to Education FIN HUMAN RESOURCES 1610- 34. Be Well Case Mngt for Injured on Duty Police & Fire -7/1/16 to 6/30/17 APP 1611- 35. Palladian EAP Contract July 1, 2016 – June 30, 2017 APP HOUSING AUTHORITY 1612- 36. To Approve a Salary Increase for Assistant Legal Counsel in the BMHA APP CITY CLERK 1613- 37. Board of Ethics Minutes April 2016 R&F 1614- 38. Liquor License Applications R&F 1615- 39. Leaves of Absence R&F 1616- 40. Acting Time R&F 1617- 41. Reports of Attendance R&F 1618- 42. Appoint Legislative Aide(Anderson)(Cty Clk) ADOPT 1619- 43. Appoint Assistant Legislative Aide II(Brooks)(Masten) ADOPT 1620- 44. Appoint Sr. Legislative Assistant(Ertha)(Staff) ADOPT 1621- 45. Appoint Sr. Legislative Assistant(Richards)(Del) ADOPT 1622- 46. Appoint Legislative Assistant(Hurley)(Delaware) ADOPT 1623- 47. Notices of Appointments-Council Interns ADOPT 1624- 48. Notices of Appointments-Mayors Program R&F 1625- 49. Notices of Appointment-Seasonal R&F 1626- 50. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1627- 51. Hon C. Hannah-Reappoint Bd of Ethics Members(Paterson, Sullivan APP 1628- 52. E. Offhaus-Concerns Trap/Neuter/Vaccinate/Return Program CD 1629- 53. U. Wingo, Sr.-Concerns Condition of 193 Leroy CD 1630- 54. R. Wyatt-Oppose Property Manager License-235 N. Bryant LEG PETITIONS 1631- 55. G. Smith, Agent, Use 2412 Seneca St to Erect a Monument Sign on Private Property(South)(hrg 7/12) LEG,CPBD 1632- 56. C. Gloss, Owner, Use 1096 Lovejoy to Re-establish Use of a Retail Store with Take Out Food in the Lovejoy Special District(Lov)(hrg 7/12) LEG,CPBD 1633- 57. M. Romanowski, Agent, Use 2058 Delaware to Operate a Gas Station and Convenience Store in the Pan-American Special District(North)(hrg 7/12) LEG,CPBD 1634- 58. C. Barone, Owner, Use 451 Elmwood to Place an Outdoor Café at Front on Private Property of a 1 Story Restaurant in the Elmwood Ave Business District(Nia)(hrg 7/12) LEG,CPBD,ZONING,PW 1635- 59. A. Hamideh, Owner, Use 1146 Hertel for Use of a Restaurant in the Hertel Ave Special Zoning District(Del)(hrg 7/12) LEG,CPBD 1636- 60. M. Modrzynski, Owner, Use 858 West to Erect a 28 Space Parking Lot in an R2 Zoning District(Nia)(Hrg 7/12) LEG,CPBD,PW 1637- 61. M. Satcher & O-Req Improvement of Mortimer St CD,PW RESOLUTIONS 1677- 62. Feroleto, etc Buffalo Common Council Supports A 10510 People-Stokes Same as S 4237-A GALLIVAN ADOPT 1678- 63. Franczyk Speeding on Moselle Street ADOPT RES’S REM TO LEG, POL,POL O/S,PW,EDPI 1679- 64. Golombek Moratorium on Communication Towers in the COB ADOPT 1680- 65. Pridgen Councilmember Scanlon Excused From Council Meeting ADOPT 1681- 66. Pridgen Appoint Common Council & City Clerk Staff (Anderson, Brooks, Ertha, Hurley, Richards) ADOPT 1682- 67. Rivera Fee Waiver for Puerto Rican and Hispanic Day Parade and Festival APP st 1683- 68. Wingo Waive Park Fees for 1 Annual MBCC Parade APP 1684- 69. Wyatt Additional Police Detail on Residential Streets ADOPT RES’S REM TO ,POL O/S 1685- 70. Wyatt Budget & Personnel Amendment-Admin & Finance APP 1686- 71. Wyatt Budget & Personnel Amendment-Community Services APP 1687- 72. Wyatt Budget & Personnel Amendment-Citizen Services APP 1688- 73. Wyatt Budget & Personnel Amendment-Fire APP 1689- 74. Wyatt Comm of Deeds ADOPT 1690- 75. Wyatt Comm of Deeds Public Duties ADOPT District Announcements Adjournment TABLE ITEMS SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1638- 1. Com 1469 June 21 Appoint Police Chief(Exempt)(Young)(Pol) APP 1639- 2. Com 1470 June 21 Appoint Police Chief(Exempt)(Gramaglia)(Pol) APP rd 1640- 3. Com 1471 June 21 Appoint Motor Equipment Mechanic(Prov)(3 Step)(Colston)(Pol) APP 1641- 4. Com 1472 June 21 Appoint Deputy Corporation Counsel(Exempt)(Lazarin)(CC) APP 1642- 5. Com 1473 June 21 Appoint Assistant Corporation Counsel II(Perm)(Chirboga)(CC) APP 1643- 6. Com 1496 June 21 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 1644- 7. 16-1467 Com June 21 Request for Authorization of Pesticide Control Plan for Invasive Plant Species Removal Bailey Ave Bridges(Lov)(PW) APP COMMUNITY DEVELOPMENT 1645- 8. 16-1434 Com June 21 Abandonment and Sale of Between Rhode Island and Massachusetts and Nineteenth and Chenango Sts(Nia)(Strat Plan) APP 1646- 9. 16-1437 Com June 21 Permission to Designate Developer Portion of 240 Kensington(Mas)(Strat Plan) APP 1647- 10. 16-1439 Com June 21 Report of Sale 401, 407 & 409 Adams(Ell)(Strat Plan) APP 1648- 11. 16-1562 Res June 21 Approval of the Abandonment and Sale and the Report of Sale of Alley Btwn Massachusetts and Rhode Island and Chenango and Nineteenth St(Franczyk)(Hrg 7/5) APP 1649- 12. 16-1565 Res June 21 Subpoena Mohammad Kabir(Pridgen) ADOPT 1650- 13. 16-1533 No June 21 2016 Annual Action Plan(Strat Plan)(#16-1295,6/7) RECOMMIT 1651- 14. 16-955 No Apr 26 C. Mancinelli-Concerns NFTA Bus Service R&F 1652- 15. 11-84 Res Nov 29 Request for Town Gardens, LLC Investigation R&F LEGISLATION 1653- 16. 16-1476 Com June 21 Mobile Food Truck-Blue Balls Bus Inc.(EDPI) RECOMMIT 1654- 17. 16-1477 Com June 21 Mobile Food Truck-The Grove Juice Truck(EDPI) APP 1655- 18. 16-1480 Com June 21 Mobile Food Truck-Sweet Melody’s(EDPI) APP 1656- 19. 16-1481 Com June 21 Restaurant Dance Class-2182 Delaware Ave(Del)(EDPI) RECOMMIT 1657- 20. 16-1482 Com June 21 Sidewalk Café-601 Main(Ell)(EDPI) APP/COND 1658- 21. 16-1487 Com June 21 Application for Restricted Use Permit-69 W. Chippewa (07/14/16)(Cty Clk) DENY 1659- 22. 16-1488 Com June 21 Application for Restricted Use Permit-69 W. Chippewa (07/28/16)(Cty Clk) APP 1660- 23. 16-1489 Com June 21 Application for Restricted Use Permit-69 W. Chippewa (08/11/16)(Cty Clk) DENY 1661- 24. 16-1490 Com June 21 Application for Restricted Use Permit-69 W. Chippewa (08/25/16)(Cty Clk) APP th 1662- 25. 16-1507 No June 21 R. Hernandez, Agent, Use 505 7 St to Build a New State of Art Medical Center(Ell)(hrg 6/28) APP/COND 1663- 26. 16-1508 No June 21 J. Velarde, Agent, Use 62 Englewood to Erect an Accessible Ramp Lift and Stairs on ROW-Side of Existing Church(Univ)(hrg 6/28) APP 1664- 27. 16-1511 No June 21 S. DeFranks, Owner, Use 670 Ohio to add Use of a Contractor Storage Yard to an Existing Manufacturing & Processing Use in the Buffalo Coastal Review District(South)(hrg 6/28) APP 1665- 28. 16-1512 No June 21 D. Doyle, Agent, Use 1678 Hertel for a Take Out Restaurant and Sidewalk Café in the Hertel Ave District(Del)(hrg 6/28) APP 1666- 29. 16-1513 No June 21 P. Morino, Owner, Use 1318 Hertel For Operation of Tavern and Sidewalk Café with Encroachment on ROW in the Hertel Ave District(Del)(hrg 6/28) APP 1667- 30. 16-1514 No June 21 N. Spence, Owner, Use 2022 Genesee to Re-Establish a Restaurant in the Genesee/East Delavan Special District(Lov)(hrg 6/28) APP 1668- 31. 16-1570 Res June 21 Ord Amend Ch 137-Code Enforcement(Scanlon) APP 1669- 32. 16-1571 Res June 21 Ord Amend Ch 194-Food Stores(Scanlon) APP 1670- 33. 16-1575 Res June 21 Tenant Notification of Change in Property Management(Wyatt) ADOPT RES, REM TABLED LEG 1671- 34. 16-1397 No June 7 J. McCarthy, Owner, Use 225 Lexington for a Sidewalk Café (Nia)(no hrg)(#16-1230, 5/24) APP/COND 1672- 35. 16-956 No Apr 26 M. Romanowski-Info-Site Plan, Area Variance and Fence Appl for Bird Ave R&F 1673- 36. 16-1010 Res Apr 26 Solar Panel Systems(Pridgen)(exc res) ADOPT 1674- 37. 15-1904 Com Sept 29 Food Store License(New) 881 William aka 389 Fillmore(Fill)(EDPI) APP 1675- 38 .15-1809 Com Sept 15 Used Car Dealer 2655 Bailey(Univ)(EDPI) R&F 1676- 39. 15-1822 No Sept 15 C. Auerbach, Agent, Use 169 Buffalo River to Re-Establish a Scrap Metal Recycling & Processing in the Bflo Coastal Spec Dist(South)(hrg 9/22) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JULY 5, 2016 AT 2:00 P.M. Present – Darius G. Pridgen, Council President, and Councilmembers: Feroleto, Fontana, Franczyk, Golombek Jr., Rivera, Wingo Sr., Wyatt – 8 Absent – Councilmember Scanlon - 1 On a motion by Mr. Rivera, Seconded by Mr. Wingo, Sr., the minutes of the stated meeting held on June 21, 2016 were approved NO. 1577 FELICITATIONS/ IN MEMORIAM Prayers for Juan Rodriguez By Councilmember Fontana In Memoriam for Elva I Tardi By Councilmember Rivera In Memoriam for Joseph Sienkiewicz By Councilmember Franczyk In Memoriam for Eileen Jackie By Councilmember Golombek In Memoriam for Victims of Plush, Orlando FL By Councilmember Pridgen In Memoriam for All Service Men and Women who gave their Life fighting for the Freedom of Others By Councilmember Pridgen ADOPT FROM THE MAYOR FROM THE MAYOR EXECUTIVE FROM THE OFFICE OF STRATEGIC PLANNING NO. 1578 AUTHORIZING THE MAYOR OF THE CITY OF BUFFALO, OR A DESIGNATED MEMBER OF HIS STAFF OR THE MAYOR'S OFFICE OF STRATEGIC PLANNING STAFF, TO EXECUTE AND DELIVER A SIGNED LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE FOLLOWING BROADWAY MARKET VENDORS FOR THE PURPOSE OF DOING BUSINESS IN THE BROADWAY MARKET. The mission of the Broadway Market is to provide a venue where local farmers, merchants, crafters and artisans come together to provide a variety of locally made products directly to the community. The Broadway Market's environment promotes a greater sense of community, fosters local business development, educates about the importance of buying local, and encourages social gathering. The City of Buffalo seeks to implement leases through the Mayor's Office of Strategic Planning to promote stability in the market, have indemnifications and, insurances for the City effectuated, and establish an income stream necessary for the on, going growth and maintenance of the Broadway Market. The following Broadway Market vendor leases are contained in Attachment A: Vendors who have been at the Broadway Market for more than one year: Broadway Optician - two year lease Daily News & Numbers - month to month lease Deb's Delights- production and sale of pickled items, salsa, jams &jellies - two year lease. East/West Café two year lease Famous Horseradish- two year lease Jackson Hewitt Tax Services -three year lease New Vendors: Keeping Traditions Perogi - production and sale of perogi - month to month WeRNuts - production and sale of roasted nuts - month to month The Office of Strategic Planning is requesting that Your Honorable Body: Authorize the Mayor of the City, or a designated member of his staff or the Mayor's Office of Strategic Planning Real Estate Division, to execute and deliver these leases and any other related documents and authorize the Mayor and other pertinent City personnel to take all steps and actions and to work together in the spirit of cooperation and open communications, consistent with law, with the primary goal of meeting the needs of the City of Buffalo and the Broadway Market's small businesses in the City of Buffalo Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 27, 2016, be received and filed; That the Common Council hereby authorizes the Mayor, or a designated member of his staff or the Mayor's Office of Strategic Planning, Division of Real Estate, to execute and deliver leases and any other related documents for the following vendors: • Broadway Optician- two year lease • Daily News & Numbers - month to month lease • Deb's Delights - two year lease • East/West Car6 - two year lease • Famous Horseradish- two year lease • Jackson Hewitt Tax Services - three year lease • Keeping Traditions Perogi - month to month lease • WeRNuts - three year lease That the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions to work together in the spirit of cooperation and open communication, consistent with law, with the primary goal of meeting the needs of the City of Buffalo and the Broadway Market's small business in the City of Buffalo. PASSED AYES - 8 NOES - 0 NO. 1579 2016 BURA SUB-RECIPIENT AGREEMENTS Attached for your Honorable Body's consideration are the proposed new agreements for the Buffalo Urban Renewal Agency(BURA). BURA Subrecipient Agreements outline its role in the administration and execution of activities as it relates to federal funding under four entitlement programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With AIDS (HOPWA). BURA aids the City in addressing critical needs in housing, neighborhood revitalization, economic development, and public services for low- and moderate-income households and communities. Four subrecipient agreements between the City of Buffalo and BURA, for program administration and management of certain portion of CDBG, HOME, ESG, and HOPWA during the 2016 program year are submitted to this Honorable Body, with an option to renew for an additional year. BURA's role as sub-recipient allows the city to ensure compliance with these highly regulated programs, which includes spending resources in conformance with an approved five-year Consolidated Plan. BURA's Division of Community Planning works with the Mayor's Office of Strategic Planning to develop strategies for HUD and other funding sources. BURA staff assists developing the required plans that direct HUD investments; provides management for housing, demolition, community facility, infrastructure, and crime prevention programs; and assists the Division of Community Services with processing the high volume of public service contracts and invoices. The most recent Consolidated Annual Performance and Evaluation Report (CAPER) covers the period between May 1, 2014 and September 30, 2015, and includes the following accomplishments that BURA played a significant role in achieving: • 263 residential structures, with a total of 351 units, received emergency repairs and/or energy efficient improvements • 28 properties were weatherized • 255 properties were demolished (in conjunction with city general funds, capital funds, and state grants) • 6 community centers received improvements • 9 parks and playgrounds were upgraded • 39 streets received resurfacing and • 19 sidewalks were replaced • 29,857 persons participated in youth and senior programs • 5,681 persons received legal counseling and fair housing services • 640 individuals and families received assistance to avoid foreclosure • 4,832 individuals and families were provided with emergency shelter or transitional housing • 147 individuals and families were moved out of shelters into apartments • 154 individuals and families living with HIV/AIDS were given housing and supportive services I respectively request that your Honorable Body: Approve the agreements for 2016 program year funds for the BURA CDBG, HOME, ESG, and HOPWA programs; and REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1580 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE MASSACHUSETTS COMMUNITY CENTER AND DEVELOPMENT CORPORATION D.B.A. WEST SIDE COMMUNITY SERVICES FOR USE OF A 161 VERMONT STREET (NIAGARA DISTRICT) (ITEM NO. 65, C.C.P. 05/11/04) The Office of Strategic Planning, Division of Real Estate, received a request from Elizabeth Murphy, President of the Massachusetts Community Center and Development Corporation d.b.a. West Side Community Services (WSCS) to enter into a new lease for the use of 161 Vermont Street. The request was referred to the Department of Public Works. The Department of Public Works in conjunction with the Division of Real Estate negotiated a lease to include but not be limited to the following terms and conditions: 1. The lease shall be for a term of three (3) years. 2. The annual rental shall be One Dollar per year. 3. The City shall be responsible for the following utilities: gas, water, sewer charge and electricity. 4. WSCS will pay for the costs of all telephones, telephone service, fax, computers, internet, permits and fees associated with its use of the premises. 5. WSCS shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition. 6. The City shall be responsible for bondable capital improvements which shall deemed as those structural in nature and affecting the use of the premises and or permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 7. WSCS shall be responsible for cleaning outside grounds and sidewalks including but not limited to, snow removal. 8. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail. 9. WSCS shall notify the City in writing, through the Director of Real Estate, of its intention to extend this lease, no later than sixty (60) days prior to the expiration of the lease term. 10. WSCS shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises. 11. WSCS shall provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said policy with minimal limits in the amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. This office recommends that Your Honorable Body approve a new lease agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d.b.a. West Side Community Services (WSCS) for the use of 161 Vermont Street to include but not limited to the above terms and conditions. I am also requesting that Your Honorable Body authorize the Corporation Counsel to prepare said lease agreement and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 23, 2016, be received and filed; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a new lease agreement between the City of Buffalo and the Massachusetts Community Center and Development Corporation d/b/a West Side Community Services ("WSCS") for the use of 161 Vermont Street, to include but not limited to, the following conditions: 1. The lease shall be for a term of three (3) years. 2. The annual rental shall be One Dollar ($1.00) per year. 3. The City shall be responsible for the following utilities: gas, water, sewer charge and electricity. 3 4. WSCS will pay for the costs of all telephones, telephone service, fax, computers, internet, permits and fees associated with its use of the premises. 5. WSCS shall be responsible for the costs of all repairs and preventative maintenance and shall at all times keep the entire premises in a clean and healthful condition. The City shall be responsible for bondable capital improvements which shall be deemed as those structural in nature and affecting the use of the premises and/or permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 7. WSCS shall be responsible for cleaning outside grounds and sidewalks including, but not limited to, snow removal. 8. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail. 9. WSCS shall notify the City, in writing, through the Director of Real Estate, of its intention to extend this lease, no later than sixty (60) days prior to the expiration of the lease term. 10. WSCS shall hold the City harmless of and free from any and all liability of whatsoever name and nature and howsoever caused in its use of the premises or in any way related to the use of the premises. 11. WSCS shall provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said polity with minimal limits in the amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. That the Common Council hereby authorizes the Corporation Counsel to prepare said lease agreement and that the Common Council hereby authorizes the Mayor to execute the same. PASSED AYES - 8 NOES -0 NO. 1581 REPORT OF SALE 420 BUSTI AVENUE- VACANT LOT 235. SE PENNA LOT SIZE: 30' X 100' ASSESSED VALUE: $2,800 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Cynthia Monaco of 31 Marquette Avenue Kenmore, NY 14217 to purchase 420 Busti Avenue. Ms. Monaco would like to purchase the lot for added yard space for her adjacent property located at 422 Busti Avenue. Ms. Monaco will manage the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to Two Dollars ($2.00) per square foot. Ms. Monaco has agreed and is prepared to pay One Dollar and Forty Cents ($1.40) per square foot for the parcel for a total of Four Thousand Two Hundred Dollars ($4,200.00) 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 420 Busti Avenue for the amount of Four Thousand Two Hundred Dollars ($4,200.00) to Ms. Cynthia Monaco. 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 June 28, 2016, be received and tiled; That the offer from Cynthia Monaco of 31 Marquette Avenue, Kenmore, New York 14217 in the amount of Four Thousand Two Hundred Dollars ($4,200.00) for the purchase of 420 Busti be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO. 1582 REPORT OF SALE 102 IVY STREET- VACANT LOT 396.48 S GENESEE LOT SIZE: 32'X 109' ASSESSED VALUE: $1,500 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Muhammed S. Rahman of 104 Ivy Street Buffalo, NY 14211 to purchase 102 Ivy Street. Mr. Rahman would like to purchase the lot for added yard space for his adjacent property located at 104 Ivy Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty-Five Cents ($.45) to Eighty-Five Cents ($0.85) per square foot. Mr. Rahman has agreed and is prepared to pay Fifty-Two Cents ($.52) per square foot for the parcel for a total of One Thousand Eight Hundred Dollars ($1,800.00) 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 102 Ivy Street for the amount of One Thousand Eight Hundred Dollars ($1,800.00) to Mr. Muhammed S. Rahman. 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 June 28, 2016, be received and filed; That the offer from Muhammed S. Rahman of 104 Ivy Street, Buffalo, New York 14211 in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 102 Ivy Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO. 1583 REPORT OF SALE 373 LEROY - MULTI FAMILY 31 W CASTLE LOT SIZE: 29' X 130' ASSESSED VALUE: $40,600 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Amer Ahmed and Lima Chowdhury, 14 Ivy Street, Buffalo, New York 14211 to purchase 373 Leroy. Mr. Ahmed and Ms. Chowdhury will renovate the dwelling for use as their primary residence. They have estimated the cost of renovations to be Twenty Two Thousand Six Hundred Dollars ($22,600) that has been reviewed by the Division of Real Estate and the Department of Permit and Inspections Services. Mr. Ahmed and Ms. Chowdhury have 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 of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by KLW Group, Inc. to estimate the fair market value of 373 Leroy Avenue. The Fair Market Value was estimated to be Five Thousand Dollars ($5,000.00). I am recommending that Your Honorable Body approve the sale of 373 Leroy for the amount of Five Thousand Dollars ($5,000) to Mr. Ahmed and Ms. Chowdhury. 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 COMMUNUTY DEVELOPMENT FROM THE COMPTROLLER NO. 1584 ANNUAL AUDIT PLAN 2016-2017 Pursuant to City Charter Section 7-5, attached please find the Annual Audit Plan for the fiscal year 2016-2017. ATTACHTMENTS: REFERRED TO THE COMMITTEE ON FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 1585 APPOINTMENT OF LEGISLATION COMMITTEE CHAIRMAN I hereby appoint David A. Franczyk as the Chairman of the Legislation Committee effective July 1, 2016. Common Council President ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1586 CHANGE IN CONTRACT 2016 BLOCK PRUNING CONTRACT # 93001730 I hereby submit to Your Honorable Body the following change for the 2016 Block Pruning. This change order is necessary to increase the contract to provide additional tree pruning for the City of Buffalo. The foregoing change results in a net increase in the contract of Seventeen Thousand Five Hundred Sixty Six and 15/1000 ($17,566.15). Summary Original Contract Amount $156,425.00 Amount of this Change Order $17,566.15 Revised Contract Amount $173,991.15 Funding for this increase will be available in 14570006-456000. 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 change order to Tree Care of New York LLC Andrew R. Rabb Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 22, 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 $17,566.15 (Original Contract Amount $156,425.00 + Change Order #1 $17,566.15 for a Revised Contract Amount of $173,991.15) for the 2016 Block Pruning, with Tree Care of Western New York, LLC, C#93001730. Funds for this increase will be available in Account #14570006-456000. PASSED AYES 8, NOES-0 NO. 1587 CHANGE IN CONTRACT CARS ON MAIN STREET - 500 BLOCK PROJECT CONTRACT #93001196 PIN #5760.39 ELLICOTT DISTRICT Contract Summary: Contract Amount $2,552,807.17 + Amount of change order(# 1) $107,583.98 Revised Contract Amount $2,660,391.15 City share of Change Order (#1) - 5% or $5,379.20 I hereby submit to your Honorable Body the following change for this contract. DiDonato Associates is the Engineering Consultant for the Main Street - 500 Block Road Reconstruction Project for the City of Buffalo. S JS/MJF/JDB/dab This contract provided for the construction administration and inspection of the project. In January 2012 the City of Buffalo was awarded a Federal $15M TIGER III Grant to continue the Cars on Main Street Project from Chippewa to Mohawk Streets (500 Block). This increase is necessary to complete final "as-built" plan sets for all affected agencies (NFTA, City-Water, BSA, etc) and perform final "performance measure testing" for the FHWA as required by the TIGER grant. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of PubliWorks, Parks and Streets to issue said increase for $107,583.98. Of this amount, 5% or $5,739.20 c is the City share of the change. The funds are available in Capital Project Accounts: 32100006-445600, and/or an account(s) to be named at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 30, 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 $107,583.98 (Contract Amount $2,552,807.17 + Change Order #1 $107,583.93 for a Revised Contract Amount of $2,660,391.15) for the Cars on Main Street - 500 Block Road Reconstruction Project, with DiDonato Associates, C#93001196. Funds are available in Capital Project Accounts #32100006-445600, and/or an account(s) to be named at a later date. PASSED AYES – 8 NOES – 0 NO. 1588 PERMISSION TO ACCEPT FUNDS FROM PAVENY Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 29, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept $932,499.38 from the PAVE-NY Program State FY 16-17. PASSED AYES - 8 NOES - 0 NO. 1589 PERMISSION TO HIRE CONSULTANT CORE ENVIRONMENTAL CONSULTANTS FOR SOILS MANAGEMENT PLAN AND ENVIRONMENTAL CONSTRUCTION OVERSITE WALDEN PARK LOVEJOY DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Core Environmental as a consultant to provide environmental services for the new Walden Park Concession building. The cost for consulting services is estimated not to exceed $26,500. The funds for this project are available in CDBG account DJ9B2017-470000. The consultant was chosen through a Request for Proposal (RFP) Process. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 29, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Core Environmental as a consultant to provide environmental services for the new Walden Park Concession building. The consultant was chosen through a Request for Proposals (RFP) process. Funds for this project are available in the CDBG Account DJ9B2017-470000. PASSED AYES - 8 NOES - 0 NO. 1590 PERMISSION TO INCREASE CONSULTANT CONTRACT WATTS ARCHITECTURE & ENGINEERING CONTRACT - 93001279 OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENTS PROJECT FILLMORE DISTRICT PRIOR COUNCIL REFERENCE: (Item No.2153, C.C.P 10/27/2015) I hereby submit to your Honorable Body the following change order for this contract. Watts Architecture & Engineering has been hired for the construction Administration and construction inspection of the Ohio Street Improvements Project. This increase is necessary for additional services to design and oversee construction of a fence installation that is required by CSX. Previously approved Contract Amount: $1,451,130.00 This Change Order: $ 24,700.00 Total: $1,475,830.00 The project is funded with 80% Federal and 20% ECHDC and the funds are available in grant account 32190006-445500 and or an account to be named at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 29, 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 $24,700.00 (Previously Approved Contract Amount $1,451,130.00 + Change Order #1 $24,700.00 for a Total Contract Amount of $1,475,830.00) for the construction administration and construction inspection of the Ohio Street Improvements Project, with Watts Architecture & Engineering, C#93001279. This project is funded with 80% Federal and 2-% ECHDC, and the funds are available in Grant Account #32190006-445500, and/or an account to be named at a later date. PASSED AYES - 8 NOES -0 NO. 1591 PERMISSION TO WAIVE FORMAL BIDDING PROCEDURES FOR SINGLE SOURCE SERVICE OF COMPUTER DRIVES & PLC ON THE WEST FERRY STREET LIFT BRIDGE The Department of Public Works, Parks & Streets is requesting permission from Your Honorable Body to waive formal bidding procedures for the single source service of the Variable Frequency Drives and the Programmable Logic Control and related control equipment on the West Ferry Street Lift Bridge. Due to the advanced age and complexity of the computer control equipment on the bridge there are a very limited number of programmers and troubleshooters in the area that have experience with our control equipment. Rexel Electrical of Cheektowaga is able to obtain the necessary service personnel for this work. The Department of Public Works, Parks & Streets has determined that there are no other vendors that have the experienced service technicians for this work. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 28, 2016, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and waive the formal bidding procedure and enter into an agreement for the single source purchase of the Variable Frequency Drives and the Programmable Logic Control and related control equipment on the West Ferry Street Lift Bridge with Rexel Electrical of Cheektowaga. PASSED AYES - 8 NOES -0 NO. 1592 REPORT OF BIDS BUFFALO MUSEUM OF SCIENCE MASONRY RESTORATION IMPROVEMENTS MASTEN DISTRICT I requested on June 7th, 2016 and received the following formal bids for the Buffalo Museum of Science Masonry Restoration Improvements project on June 21st, 2016. Contractor Base Bid Alt #1 Morris Masonry Restoration, LLC. $122,500 $21,575 Highland Masonry & Restoration, Inc. $198,000 $9,900 *FSR Contracting, Inc. $103,690 $108,725 Horizon Masonry Restoration, Inc. $198,000 $24,500 *Deemed non-responsive I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry Restoration, LLC, with a Base Bid of $122,500 + Alt #1 of $21,575 + 10% contingency of $14,407.50 for a total amount of One Hundred Fifty Eight Thousand Four Hundred Eighty Two Dollars & 50/100 ($158,482.50), 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 the work on the basis of the lowest responsible bid. Funding for this project is available in account # 33233466-445100. 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 June 22, 2016, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Buffalo Museum of Science Masonry Restoration Improvements project, with Morris Masonry Restoration, LLC, with a total amount of $158,482.50 (Base Bid of $122,500.00 + Alt. #1 of $21,575.00 + a 10% contingency of $14,407.50 for a total amount of $158,482.50). Funding for this project is available in Account #33233466-445100. PASSED AYES - 8 NOES – 0 NO. 1593 REPORT OF BIDS MANHATTAN PUMP STATION IMPROVEMENTS ELECTRICAL CONSTRUCTION CONTRACT I hereby submit to your Honorable Body the following bids which were received on 05/11/2016 for the City of Buffalo Manhattan Pump Station Improvements Electrical Construction Contract. Contractor Total Bid Industrial Power & Light Co. $368,000.00 CIR Electric $389,100.00 Ferguson Electric $393,000.00 Frey Electric $468,000.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount of $368,000.00 to Industrial Power & Light Co. 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 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 June 21, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Manhattan Pump Station Improvements Electrical Construction Contract project, with Industrial Power & Light, Co., with a total bid of $368,000.00. The funds are available in a Division of Water account to be named at a later date. PASSED AYES - 8 NOES – 0 NO. 1594 REPORT OF BIDS MANHATTAN PUMP STATION IMPROVEMENTS GENERAL CONSTRUCTION CONTRACT I hereby submit to your Honorable Body the following bids which were received on 05/11/2016 for the City of Buffalo Manhattan Pump Station Improvements General Construction Contract. Contractor Total Bid Quackenbush Co, Inc. $1,059,500.00 STC Construction $1,103,300.00 J.W. Danforth Co. $1,199,000.00 Nichols, Long & Moore $1,266,700.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,059,500.00 to Quackenbush Co., 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 June 21, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Manhattan Pump Station Improvements General Construction Contract project, with Quackenbush Co., Inc., with a total bid of $1,059,500.00. The funds are available in a Division of Water account to be named at a later date. PASSED AYES - 8 NOES – 0 NO. 1595 REPORT OF BIDS AUTUMNWOOD COMMUNITY CENTER PUBLIC FACILITIES IMPROVEMENTS CDBG PROJECT NO.AW41-50203, IDIS NO. 9126 LOVEJOY DISTRICT PRIOR COUNCIL REFERENCE: #825 of 4/12/16 I hereby submit to Your Honorable Body the following change for Autumnwood community Center, Public Improvements, Miller Enterprises, Contract #H0000354. This change is for Environmental Mold Remediation Not to Exceed $30,020 The foregoing change results in a net increase in the contract Not to Exceed of Thirty Thousand Twenty Dollars and 00/100 ($30,020). Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in DJ9B2037-470000 - Buildings. Change in Contract - Autumnwood Community Center Public Facilities Improvements Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 30, 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 $22,700.00 (Previous Amount Approved $80,520.00 + Change Order #1 $22,700.00 for a Revised Contract Amount of $103,220.00) for the Autumnwood Community Center Public Facilities Improvements, with Miller Enterprises, C#H0000354. Funds for this work are available in Account #DJ9B2037-470000 - Buildings. PASSED AYES 8, NOES 0 NO. 1596 REPORT OF BIDS CITY HALL IMPROVEMENTS HIGH RISE ELEVATOR MODERNIZATION ELLICOTT DISTRICT I requested on June 21st, 2016 and received the following formal bids for the City Hall High Rise Elevator Modernization project on June 30th, 2016. Contractor Base Bid Alt #1 D C B Elevator Co., Inc. $618,100 $571,700 Bison Elevator Service, Inc. $631,985 $604,093 I hereby certify that the foregoing is a true and correct statement of all bids received and that D C B Elevator Co., Inc., with a Base Bid of $618,100 + Alt #1 for $571,700 + 10% contingency of $118,980 for a total amount of One Million Three Hundred Eight Thousand Seven Hundred Eighty Dollars & 00/100 ($1,308,780), 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 the work on the basis of the lowest responsible bid. Funding for this project is available in account #33233376-445100. 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 June 30, 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 City Hall High Rise Elevator Modernization project, with D C B Elevator Co., Inc., with a total bid of $1,308,780.00 (Base Bid of $618,000.00 + Alt. #1 of #571,700.00 + 10% contingency of $118,980.00 for a total amount of $1,307,780.00). The funds for this project are available in Account #33233376-445100. PASSED AYES - 8 NOES – 0 NO. 1597 REPORT OF BIDS E. CLINTON LIBRARY HVAC & ROOF REPLACEMENT LOVEJOY DISTRICT I requested on June 8, 2016 and received the following formal bids on June 29, 2016 for the HVAC and Roof Replacement Project at the E. Clinton Library. Contractor Base Bid D.V. Brown & Associates, Inc. $135,350 MLP Plumbing & Mechanical, Inc. $150,800 Leo J. Roth Corporation $154,900 I hereby certify that the foregoing is a true and correct statement of all bids received and that D.V. Brown & Associates, Inc. with a Base Bid of $135,500, plus a 10% contingency of $13,550 for a total amount of One Hundred Forty Nine Thousand Fifty Dollars & 00/100 ($149,050), 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 the work on the basis of the lowest responsible bid. Funding for this project is available in accounts #38322996 - 445100 and #38329206 - 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 June 29, 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 HVAC and Roof Replacement Project at the E. Clinton Library, with D. V. Brown & Associates, Inc., with a total bid of $149,050.00 (Base Bid of $135,500.00 + 10% contingency of $13,550.00 for a total amount of $149,050.00). The funds for this project are available in Accounts #38322996 - 445100 and 38329206 - 445100. PASSED AYES - 8 NOES – 0 NO. 1598 APPOINT SUPERVISOR OF STREET SANITATION I (PERM)(INTER)(BUCHNOWSKI) Certificate of Appointment Appointment effective 6/22/16 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I Permanent Open-Competitive Intermediate starting salary of $37,826 (step 2) Garrett Buchnowski, 777 Amherst St, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1599 APPOINT SUPERVISOR OF STREET SANITATION I (PERM)(STEP 2)(PACE) Certificate of Appointment Appointment effective 6/22/16 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I Permanent Open-Competitive Intermediate starting salary of $37,826 (step 2) Carmen Pace, 236 Euclid Ave, Kenmore 14217 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1600 APPOINT SUPERVISOR OF STREET SANITATION I (PERM)(STEP 3)(MARTIN) Certificate of Appointment Appointment effective 6/22/16 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I Permanent Open-Competitive Intermediate starting salary of $39,010 (step 3) Michael Martin, 375 Westgate, Kenmore 14217 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 1601 APPOINT POLICE CAPTAINS(TEMP)(KENT, NICHOLS) Certificate of Appointment Appointment effective 6/28/16 in the Department of Police Division of Commissioner’s Office to the position of Police Captain Temporary Promotion at the flat starting salary of $92,271 Dawn Kent, 40 Fernott, Lancaster, 14086 Steven J. Nichols, 108 Moreland, Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1602 RD APPOINT MOTOR EQUIPMENT MECHANIC (PROV)(3 STEP)(COLSTON) Certificate of Appointment Appointment effective June 20, 2016 in the Department of Police Division of Fleet Maintenance to the position of Motor Equipment Mechanic Provisional Appointment Third Step (of 7 step) starting salary $25,698 Darnelle Colston, 151 Hamlin Road, Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 1603 CLAIMS AGENDA AMENDED CLAIMS COMMITTEE AGENDA July 13, 2016 Council Chambers Hon. Joel P. Feroleto, Chairman Personal Injury A. 1. Cornell, Jasmine $ 3,000.00 A. 2. McLaughlin, James $ 165,000.00 A. 3. Oviedo, Abel $ 42,000.00 A. 4. Tripi, Anthony $ 2,500.00 A. 5. Williams, Carl $ 6,250.00 A. 6. Wilson, Lori $ 70,000.00 Property Damage B. 1. Coyle, John J. $ 1,500.00 B. 2. Hayden, Brian $ 250.00 B. 3. Makula, Dorothy and Stephan $ 791.70 B. 4. Travelers Home and Marine Insurance Company $ 21,745.20 Prior Fiscal Year Invoices C. 1. ACR of WNY $ 744.00 C. 2. Bison Elevator $ 6,613.35 C. 3. Buffalo Civic Auto Ramps, Inc. $ 41,484.48 C. 4. Buffalo Small Animal Hospital $ 5,250.00 C 5. Colgate Industries $ 252,751.21 C. 6. Connors & Vilardo, LLP $ 7,341.30 C. 7. Deborah Delelys $ 200.00 C. 8. D.V. Brown & Associates $ 4,504.82 C. 9. Douglas J. Bantle $ 805.68 C. 10. Erie County Title Services $ 74,560.00 C. 11. Esquire Solutions $ 1,248.92 C. 12. EZTAG/GTECHNA $ 30,354.01 C. 13. HealthPort $ 23.03 C. 14. International Institute of Buffalo $ 100.00 C. 15. Jack W. Hunt & Associates $ 1,268.80 C. 16. Krista Gottlieb, Esq. $ 910.00 C. 17. Kurk Fuel Company $ 406.30 C. 18. Michael Menard, Esq. $ 150.00 C. 19. Precision Abstract $ 35,700.00 C. 20. Riccelli Enterprises $ 27,500.00 C. 21. Riverside Towing $ 8,575.00 C. 22. Safety Kleen Systems, Inc. $ 3,693.00 C. 23. Search Works Title $ 17,580.00 C. 24. Simplex Grinnell $ 3,846.35 C. 25. Streamhoster $ 1,200.00 C. 26. Law Offices of Thomas H. Burton $ 820.00 C. 27. UB Neurosurgery $ 197.94 C. 28. U & S Services Inc. $ 1,080.00 C. 29. Verizon Wireless $ 120.02 C. 30. Watts Architecture & Engineering $ 2,163.75 Miscellaneous D. 1. Dig Safely NY $ 7,910.00 D. 2. Large Kar Leasing, LLC $ 15,891.60 D. 3. Luciano, Nelson $ 1,300.00 D. 4. Say Yes to Education $ 164,975.00 For Discussion E. 1. Byrd, Demetrius $ 188.75 E. 2. Heitzhaus, Paul $ 750.00 E. 3. Senger, Martin $ 364.47 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1604 FOOD STORE (NEW) (RESUBMITTED) 468 NIAGARA FST16-10027534 ELLICOTT Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 468 NIAGARA (SANGO CLAVER/SUNSHINE MARKET) 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 COMMUNITY DEVELOPMENT NO. 1605 USED CAR DEALER 2687 BAILEY (UNIVERSITY) UCD16-10028052 Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2687 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of TENESHA PINKNEY. The attached thereto for TENESHA PINKNEY/dba/WE DO AUTOMOTIVE INC. 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, June 17, 2016, be received and filed; That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Tenesha Pinkney d/b/a We Do Automotive Inc., located at 2687 Bailey, upon the following conditions: • Only 20 Cars • Maintain Ground and exterior • Do not put any snow on Easton Ave • No spare tires stored on property • No cars on street or outside of Lot • No cars outside of the gate • Operation hours: 9 am - 5 pm • Repairs done only in conjunction with car inspections PASSED/COND AYES 8, NOES 0 NO. 1606 RD APPOINT BUILDING INSPECTOR(PROV)(3 STEP)(SOTO II) Certificate of Appointment Appointment effective June 27, 2016 in the Department of Permit & Inspections Division of Inspections to the Position of Building Inspector Provisional Appointment Third Step starting salary of $36,080 Luis Soto, II, 134 Camden Ave, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 1607 DISPOSE OF EQUIPMENT The Division Of Treasury is requesting to dispose of the listed below equipment by means of auction or scrap/salvage. All this equipment is beyond its useful life. Pitney Bowes Envelope Slicer Serial # 5372 COB Tag # 21906 Mach 9 Coin Counter Model # 6600 COB Tag # 50399 Power Shred 910 Paper Shredder Serial # 9100747 Mr. Rivera moved: That the above item be, and the above communication from the Director of Treasury & Collections, dated June 29, 2016, be received and filed; and That the Common Council hereby authorizes the Director of Treasury & Collections to dispose of the following equipment by means of auction or scrap/salvage, as this equipment is beyond its useful life: • Pitney Bowes Envelope Slice, Serial #5372, COB Tag #21906 • Match 9 Coin Counter, Model #6600, COB Tag #50399 • Power Shred 910 Paper Shredder, Serial #9100747. PASSED AYES - 8 NOES – 0 FROM THE COMMISSIONER OF PARKING NO. 1608 APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER(EXEMPT)(HOUGH) CERTIFICATE OF APPOINTMENT Appointment effective June 20, 2016 in the Department of Parking division of Board of Parking to the Position of Special Assistant to the Commissioner Exempt Open-competitive flat starting salary of $40,373 Davis Hough, 191 Bird Ave Apt 5, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 1609 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH SAY YES TO EDUCATION, INC. FOR THE MATCH PAYMENT FOR SAY YES FAMILY SUPPORT SPECIALIST WITHIN THE BUFFALO PUBLIC SCHOOLS TO ASSIST AND BENEFIT CHILDREN OF THE CITY OF BUFFALO TO AVAIL THEMSELVES OF COLLEGE SCHOLARSHIP OPPORTUNITIES The City of Buffalo Department of Community Services & Recreational Programming (the "Department") is positioned to engage Say Yes To Education, Inc. ("Say Yes") to provide the match payment for Say Yes Family Support Specialist within the Buffalo Public Schools which will assist children in the City of Buffalo avail themselves of College scholarship opportunities with and at SUNY, CUNY and Community colleges and other eligible colleges. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance similar to the agreement attached hereto and expend up to $200,000 to achieve these objectives, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 1610 BE WELL CASE MANAGEMENT FOR INJURED ON DUTY POLICE AND FIRE NEW CONTRACT JULY 1, 2016 TO JUNE 30, 2017 # 1128 May 9, 2016 Council Member Fontana submitted resolution to discharge item # 15-956 CCP May 1.2,2015 From Finance Committee New Contract between Be Well and the City of Buffalo for one year and cost reduced by $7,000 Be Well Case Management for Injured on Duty - Police and Fire (HR) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 24, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Human Resources to enter into an agreement between the City of Buffalo and Be Well Case Management for Police and Fire Injured on Duty, for the period of July 1, 2016 to June 30, 2017. PASSED AYES - 8 NOES – 0 NO. 1611 PALLADIAN EAP CONTRACT WITH ENDING DATE TO JUNE 30, 2017 CONTRACT RUNS FROM JULY 1, 2016 TO JUNE 30, 2017 ITEM # 100, MAYOR'S APPROVAL #224 Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 30, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Human Resources to enter into an agreement between the City of Buffalo and Palladian Employee Assistance Program for the term of July 1, 2016 to June 30, 2017. PASSED AYES - 8 NOES - 0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 1612 THE COMMON COUNCIL OF THE CITY OF BUFFALO MUNICIPAL HOUSING AUTHORITY JUNE 30, 2016 TO APPROVE A SALARY INCREASE FOR ASSISTANT LEGAL COUNSEL IN THE BUFFALO MUNICIPAL HOUSING AUTHORITY In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 16.06.30.8 regarding the salary range for BMI-IA Assistant Legal Counsel that was approved by the BMHA Board of Commissioners at their regular meeting held on June 30, 2016. Mr. Rivera moved: That the above item be, and the above communication from the Executive Director of the Buffalo Municipal Housing Authority, dated June 30, 3016, be received and filed; That the Common Council hereby approves a salary increase for the position of Assistant Legal Counsel in the Buffalo Municipal Housing Authority, effective and retroactive to June 27, 2016, to reflect a seven step salary range with a minimum of $79,491 to a maximum of $93,621. PASSED AYES 8, NOES 0 FROM THE CITY CLERK NO. 1613 CITY OF BUFFALO BOARD OF ETHICS MEETING MINUTES TUESDAY, APRIL 19, 2016 Members in Attendance: Douglas Coppola, Gerald Chwalinski, James Magavern, Cavette Chambers, Elizabeth Harned, Richard Sullivan & Eleanor Paterson. Quorum New Business: 1) 2016 BOE Code of Ethics Financial Disclosures status: 100% of City Departments and 100% City Board members have submitted their form. 2) A City employee is seeking BOE opinion regarding any possible conflict of interest regarding his employment and his volunteer services at a not- for-profit corporation. This request was submitted by counsel on behalf of the employee. No conflict of interest was determined by BOE. 3) A complaint was submitted by a local resident asking for BOE's legal opinion regarding an action allegedly committed by a City of Buffalo employee on off hours. It was determined that the situation was not within the BOE's jurisdiction. Old Business: I. Cavette drafted an amended Business Travel Itinerary form for review by BOE. Approval of the February 23, 2016 minutes. Received and filed. Next meeting is scheduled for Tuesday, June 21, 2016 RECEIVED AND FILED NO. 1614 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 128 Genesee St Sergio Mucino Victor Gonzales Marsa Y Mezcal 1081 Elmwood Paynes on Elmwood Alex Georgradis 1356 East Delavan 1356 East Delavan Walter Cole 65 Vandalia St Lakewood Spirits Lazarus Properties LLC 346 Connecticut Nickel City Jill Foster Two Fountain Plaza Majed Darwood-Farah Hyatt Regency 228 Franklin Mes Lounge Katana Lounge RECEIVED AND FILED NO. 1615 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Common Council- City Clerk Julia Paul Police- Kate McKeating. Timothy O'Rourke, Patrick Pascal Kate McKeating RECEIVED AND FILED. NO. 1616 REPORTS OF ACTING TIME I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed: Mayor/Mayor Executive- Parking- Theresa Nicholas, Michael Falzone, Nichoals Schaefer RECEIVED AND FILED. NO. 1617 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 1618 APPOINT LEGISLATIVE AIDE(ANDERSON) Appointment Effective 07/01/2016 in the Department of Common Council, Division of City Clerk Appointment effective July 1, 2016 in the Department of Common Council, Division of City Clerk to the Position of Legislative Aide at the Flat Salary of $40,407 Linda L. Andersen, 38 Albemarle, Buffalo, NY 14207 ADOPT NO. 1619 APPOINT ASSISTANT LEGISLATIVE AIDE II(BROOKS) Appointment Effective 07/01/2016 in the Department of Common Council, Division of Masten District to the Position of Assistant Legislative Aide II at the Flat Salary of $35,705.00 Veola Brooks, 261 Rodney Ave, Buffalo, NY 14207 ADOPT NO. 1620 APPOINT SR LEGISLATIVE ASSISTANT(ERTHA) Appointment Effective 07/01/2016 in the Department of Common Council, Division of Council Staff to the Position of Sr. Legislative Assistant at the Flat Salary of $52,406.00 Malcolm A. Ertha, 211 Oxford Ave Apt 2, Buffalo, NY 14209 ADOPT NO. 1621 APPOINT SR LEGISLATIVE ASSISTANT(RICHARDS) Appointment Effective 07/01/2016 in the Department of Common Council, Division of Delaware District to the Position of Sr. Legislative Assistant at the Flat Salary of $52,406.00 Timothy Richards, 759 Tacoma Ave, Buffalo, NY 14216 ADOPT NO. 1622 APPOINT LEGISLATIVE ASSISTANT(HURLEY) Appointment Effective 07/01/2016 in the Department of Common Council, Division of Delaware District to the Position of Legislative Assistant at the Flat Salary of $45,893.00 Jason A. Hurley, 1546 Delaware Ave, Buffalo, NY 14209 ADOPT NO. 1623 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Rivera moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective June 27, 2017 in the Department of Common Council, Division of Fillmore District to the Position of Intern IX at the Hourly Salary of $13.08 Martin J. Sawma, 73 Flower St. Apt1, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective July 5, 2017 in the Department of Common Council, Division of North District to the Position of Intern IX at the Hourly Salary of $13.08 Dennis Rivera, 138 Lawn Ave, Buffalo, NY 14207 NO. 1624 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective June 27, 2016 in the Department of Executive, Division of Mayor to the Position of Intern IX at the Hourly Salary of $13.06 Carrie S. Fisher, 572 Potomac Avenue, Buffalo, NY 14222 NO. 1625 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 6/20/2016 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 Peter Massicci, 157 Ramsdell Ave Apt #3, Buffalo 14216 Reginald Nealy, 447 Sherman St, Buffalo 14211 Adrian Guadalupe, 19 Northampton St #604, Buffalo 14209 Jonathan Hanover, 1807 Elmwood Ave #107, Buffalo 14207 Hector Coco, 235 Lisbon Ave, Buffalo 14215 Aaron Gervas, 960 Amherst St Apt #3, Buffalo 14216 Brenden Robinson, 124 Cantwell Dr, Buffalo 14220 Nicholas Yant, 1807 Elmwood #107, Buffalo 14207 Christopher Bridgett, 138 Leroy Ave, Buffalo 14214 Quentin Bryant, 126 Montclain Ave, Buffalo 14215 LeTonio Johnson, 238 Davidson Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective 6/22/2016 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 Kiam Gunn, 489 Stockbridge Ave, Buffalo 14215 Troy Hampton, 307 Stockbridge Ave, Buffalo 14215 Ryan Hofschneider, 579 Starin Ave Apt #1, Buffalo 14216 Deontay Love, 36 Birch Pl Apt #2, Buffalo 14215 DeQuinn Saunders, 123 Beard Ave, Buffalo 14214 Stephen Schulz, 445 Abbott Rd Rear Upper, Buffalo 14220 Allysa Taborn, 76 Knox Ave, Buffalo 14216 Vincent Workman, 191 Orleans St Apt 3B, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective 6/30/2016 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 Patrick Boechel, 43 Rutland St, Buffalo 14220 Peter DeJesus Jr, 99 Albert Ave, Buffalo 14207 Patrick Isch, 317 Woodside Ave, Buffalo 14220 Daniel Lopez, 23 Lorraine Ave, Buffalo 14220 Louis Megna, 476 Northland Ave, Buffalo 14211 Andrew Merkl, 146 Downing St, Buffalo 14220 Matthew Merkl, 146 Downing St, Buffalo 14220 Giovanni Orsene, 73 Alsace Ave, Buffalo 14220 James Wojcik, 152 East St, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment effective 6/30/2016 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Non- competitive Hourly starting salary of $13.06 Cariq Culver, 222 Massachusetts Ave, Buffalo 14213 Blake Banks, 76 Rickert Ave, Buffalo 14211 Nassir Battles, 103 Shirley Ave Lower, Buffalo 14215 Griffin Cascio, 27 Groveland St, Buffalo 14214 Andrew Christensen, 42 Mayer Ave, Buffalo 14207 Devin Connor, 96 Lockwood Ave, Buffalo 14220 Joshue, Cruz, 32 E. Jasper Parrish Dr, Buffalo 14207 Jenna Cully, 92 Shenandoah, Buffalo 14220 Gena Donald, 32 E Jasper Parrish Dr, Buffalo 14207 Terris Garner Jr, 423 Riley St, Buffalo 14208 Ariana Gonzalez, 80 Page St, Buffalo 14207 Craig Herndon, 215 Brunswick Blvd, Buffalo 14214 Alex Hernandez, 178 Riverside Ave, Buffalo 14207 Alexandra Kane, 258 Eden St, Buffalo 14220 Marcus Kinsley, 125 Ideal St, Buffalo 14206 Alexander Lutkoff, 468 Richmond Ave, Buffalo 14222 Cameron Mack, 118 W. Humboldt Pkwy, Buffalo 14214 Nomar Martinez, 161 Chadduck Ave, Buffalo 14207 Nicholas Martone, 112 Cunard Rd, Buffalo 14216 Zachery McGuire, 40 Eden St, Buffalo 14220 Kristen McMahon, 112 Elgas St, Buffalo 14207 Kyaw Zin Oo, 390 Plymouth Apt #1, Buffalo 14213 Zachary Ortiz, 185 Columbus Ave, Buffalo 14220 Gerlad Pierre, 109 Garner Ave, Buffalo 14213 Joshua Register, 547 Ashland Ave, Buffalo 14222 Alexander Sanchez, 79 Marine Dr Apt #8E, Buffalo 14202 Edurijez Sanchez, 79 Hampshire St, Buffalo 14213 Elijah Smith, 99 Albert Ave, Buffalo 14207 Sean Tytka, 73 Densmore St, Buffalo 14220 Katara Willis, 136 Victoria Ave, Buffalo 14214 Justin Wynn, 94 Hoyt St, Buffalo 14213 Kali Zuppinger, 51 Eaglewood Ave, Buffalo 14220 Hannah Annunziata, 84 Shenandoah Rd, Buffalo 14220 Lawrence Boll, 123 Gorski St, Buffalo 14206 Nicholas Borkowski, 76 Fredro St, Buffalo 14206 William Brown, 329 Cable St, Buffalo 14206 Isaiah Cornfield, 52 Mandan St, Buffalo 14216 Nicholas Conklin, 401 Eden St, Buffalo 14220 David Croom, 460 Hewitt Ave, Buffalo 14215 Isabella Cross, 95 Shoreham Pkwy, Buffalo 14216 Patrick Danahy, 179 Tuscarora Rd, Buffalo 1420 Olivia Dugan, 114 Coolidge Rd, Buffalo 14220 Andrea Elbaneh, 391 Mackinaw St, Buffalo 14210 Aniesa Elbaneh, 391 Mackinaw St, Buffalo 14210 Nukia Funderburk, 59 Wood Ave, Buffalo 14211 Rylie Gallivan, 814 Richmond Ave, Buffalo 14222 Flannan Gould, 3 Willink Ave, Buffalo 14210 Jeremiah Horrigan, 60 Whitehall Ave, Buffalo 14220 David Hulett, 163 Hedley Pl, Buffalo 14208 Elwood Hulett, 163 Hedley Pl, Buffalo 14208 James Hynes, 76 Shenandoah Rd, Buffalo 14220 Zachary Isch, 317 Woodside Ave, Buffalo 14220 Jordan Jeffries, 218 Comstock Ave, Buffalo 14215 Neil Keane Jr, 62 Hansen Ave, Buffalo 14220 Isaiah Kennedy, 77 Waverly St, Buffalo 14208 Sierra LaBorgne, 87 Stevenson St, Buffalo 14220 Daniel Martinez, 48 Lester St, Buffalo 14210 Shannon McGrath, 71 Paul Pl, Buffalo 14210 Maura McMahon, 49 Turned Ave, Buffalo 14220 Xignia Morales, 151 Riverside Ave, Buffalo 14207 Megan Morcio, 102 S. Pierce St, Buffalo 14206 Madison Nieves, 39 Plymouth Ave, Buffalo 14201 Saafir Northington, 56 Parker Ave, Buffalo 14214 Shane Palistrant, 25 Mayer Ave, Buffalo 14207 Thomas Parshall, 179Tuscarora Rd, Buffalo 14220 Elizabeth Pasnik, 117 Coolidge Rd, Buffalo 14220 Enrique Perez, 46 Frontenac Ave, Buffalo 14216 Elizabeth Petrella, 1180 Amherst St, Buffalo 14216 Habibur Rahman, 79 Sidney St, Buffalo 14211 Edgar Rodriguez, 26 Argus St, Buffalo 14207 Margaret Scherer, 55 Kenefick Ave, Buffalo 14220 Elijah Serrano, 548 Plymouth Ave, Buffalo 14213 Kelly Sprague, 569 Perry St, Buffalo 14210 Elizabeth Staniszewski, 128 Norman Ave, Buffalo 14210 Jamir Walker, 235 Schuele Ave, Buffalo 14215 Emily Weimer, 131 Kamper Ave, Buffalo 14210 Natassia West, 30 Humber Ave, Buffalo 14215 September Williams, 1325 Main St Apt #317, Buffalo 14209 Jaisen Zulawski, 748 S. Division St, Buffalo 14210 David Battell, 64 Fuller St, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment effective 6/30/2016 in the Department of Public Works, Parks & Streets Division of Parks to the position of Supervising Lifeguard Seasonal Non-competitive Hourly starting salary of $13.06 Connor Budzinski, 153 Indian Church Rd, Buffalo 14210 Antonia Cicelske, 128 Carmel Rd Upper, Buffalo 14214 Evan Hughes, 49 Wellington Rd, Buffalo 14216 Joshua Koester, 147 Royal Ave, Buffalo 14207 D’Andre Nicholas, 8 W. Cleveland Dr, Buffalo 14215 Brett Anderson, 149 Montrose Ave, Buffalo 14214 Noah Atkisson, 52 Cazenovia St, Buffalo 14220 Desmond Brown, 187 Butler Ave, Buffalo 14208 Kevin Cully, 92 Shenandoah, Buffalo 14220 Ahmed Elbaneh, 391 Mackinaw St, Buffalo 14210 Aidan Gould, 3 Willink Ave, Buffalo 14210 Brenda LaBorgne, 29 Argus St, Buffalo 14207 Ashley Murdoch, 105 Baxter St, Buffalo 14207 Kathleen Scherer, 55 Kenefick St, Buffalo 14220 Brazil Thompson, 55 Colfax Ave, Buffalo 14215 NO. 1626 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective June 17, 2017 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Temporary at the minimum salary of $24,377 Sasiya Davis, 20 Oxford Ct, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective June 27, 2017 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Permanent at the minimum salary of $24,377 Shaquille Holman, 61 Watson St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective June 20, 2016 in the Department of Administration and Finance, Policy and Urban Affairs, Division of Treasury to the Position of Junior Collection Officer, Temporary at the minimum salary of $35,348.00 Bridget Bonfante, 201 Wellington Rd , Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 22, 2016 in the Department of Parking, Division of Parking Violations Bureau to the Position of Junior Traffic Clerk, Temporary at the minimum salary of $34,013 Janience N.Sims, 107 Cunard Rd, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 20, 2016 in the Department of Assessment to the Position of Assistant to Assessor, Temporary at the minimum salary of $35,403 Ian Wildman Kamery, 99 Russell St, Buffalo, NY 14214 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 1627 BOARD OF ETHICS NOMINATING COMMITTEE Dear Mr. Chwalinski: Kindly allow this letter to serve as notification that Dr. Eleanor Paterson and Richard Sullivan, Esq. have been nominated for reappointment to the City of Buffalo Board of Ethics, Thank you for time and attention in this regard. Should you require my further assistance, please do not hesitate to call on me. Mr. Rivera 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 confirms the reappointment of Dr. Eleanor Paterson and Richard Sullivan, Esq. to serve on as members of the City of Buffalo Board of Ethics. PASSED PASSED 8, NOES 0 NO. 1628 E.OFFHAUS-CONCERNS TRAP/NEUTER/VACCINATE/RETURN PROGRAM Dear Council President Pridgen and the Buffalo Common Council, As you may know back in 2014 Council President Pridgen requested a City of Buffalo Cat Task Force to be formed. It was made up of the City of Buffalo Animal Shelter, SPCA serving Erie County, Operation PETS; the Spay/Neuter Clinic of WNY, and of course Feral Cat FOCUS Inc., as well as the UB Pro Bono Law Students and some prominent people in the community. These meetings lead to the passing of TNVR, Trap/Neuter/Vaccinate/Return for the city of Buffalo, to help with the over abundance of free roaming cats in the city, and to encourage residents to alter and vaccinate their cats. There seems to be some misinformation about the TNVR program. The information which is reaching the residents of the City is not in accordance with what Council President Pridgen, and the City of Buffalo Cat Task Force had agreed upon in the almost year and a half sessions of meetings. We are hoping this matter can be easily cleared up by some direct communication between the Council and the City of Buffalo Cat Task Force. Feral Cat Focus and a few of the members of the Task Force request a meeting with the Council, to go over a few key points, and to help the Council members disseminate this information to their constituents. I am asking that this letter be sent to the Common Council's Committee of Community Development so the Task Force can disseminate this information publically. We are further looking for future funding to be appropriated to pay for informational material which can be distributed to Council offices and handed out to the residents of the City of Buffalo, explaining TNVR and where to get help in altering animals, and some ideas on how to deal with cat related nuisance issues, Thank you for your time, Edie M. Offhaus Co-founder Feral Cat FOCUS Inc REFERRED TO THE COMMITTEE ON COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1629 MEMORANDUM U. WINGO-LETTER TO FUDGE PATRICK CARNEY, BUFFALO HOUSING COURT I would like to file the attached information for the next Common Council meeting to be held on July 5, 2016 Dear Judge Carney: RE: 193 Leroy Avenue I was in your court room several months ago regarding the above mentioned property. This property still has not been occupied. We have called the Mayor's Resolution Center several times. The residents across the street are very unhappy with this property During the winter months the sidewalks were never shoveled, during summer the grass was never cut. I took it upon myself to speak with the two gentlemen whom I assume will be in your court room on 6/21/2016. This would be the owner and his son from Manhattan, New York. They seem to take my conversation very lightly, almost to dismiss me. Not only is the outside of the property and eyesore and very health hazard, the inside of the property is very unsafe. These purchasers of properties seem to think that they can just come into your court room and give you a sad story and it is okay. The neighborhood is extremely angry when it comes to this type of behavior. We are attempting to keep the vacant properties up on our own. This is a very tiring job for senior citizens and tax payers. The owner of the property hired someone just last week off the street to cut the grass and clean around the property at myrequest. The garbage bag is still sitting in front of the property when garbage day is every Thursday. Please do not be sensitive to their conversation, when they feel it is okay to do whatever they choose to do. I am unable to attend your court session at this time due to a previous engagement. REFERRED TO THE COMMITTEEON COMMUNITY DEVELOPMENT NO. 1630 R. WYATT-RE: 16-1207 CORN MAY 24 PROPERTY MANAGER LICENSE KEITH KEENE, 235 N. BRYANT ST (EDPI) Dear Council Member Scanlon: Cleaner Estates, LLC who oversees several properties in the University District is requesting a manager's license approval. Unfortunately, I am unable to agree with approving this request until the owner and/or his proposed management company provides a written action plan to address the property conditions that are noted on the attached item. My district is plagued with absentee landlords that are more than willing to collect rent and less willing to maintain their properties. In fact one of the properties is in housing court to date. I respectfully ask that you notify Cleaner Estates of my decision and not approve this item until significant action has been taken to rectify the issues. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 1631 G. SMITH, AGENT, USE 2412 SENECA TO ERECT A MONUMENT SIVA ON PRIVATE PROPERTY (SOUTH)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1NG BOARD NO. 1632 C. GLOSS, OWNER, USE 1096 LOVEJOY, RE-ESTABLISH USE OF A RETAIL STORE WITH TAKE-OUT FOOD IN THE LOVEJOY STREET SPECIAL DISTRICT (LOV)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1633 M. ROMANOWSKI, AGENT, USE 2058 DELAWARE TO OPERATE A GAS STATION AND CONVENIENCE STORE IN THE PAN-AMERICAN SPECIAL ZONING DISTRICT (NORTH)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1634 C. BARONE, OWNER, USE 451 ELMWOOD TO PLACE AN OUT-DOOR CAFE AT FRONT ON CITY ROW AND SIDE ON PRIVATE PROPERTY OFA 1 STORY RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (NIA)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 1635 A. HAMIDEH, OWNER, USE 1146 HERTEL FOR USE OF A RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT (DEL)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 1636 M. MODRZYNSKI, OWNER, USE 858 WEST TO ERECT A 28 SPACE PARKING LOT IN AN R2 ZONING DISTRICT (NIA)(HRG 7/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO. 1637 HON. C. HANNAH-REAPPINT BD OF ETHICS MEMBERS(PATERSON, SULLIVAN) Dear Neighbors: My name is Maxine Satcher and I am a resident of Mortimer Street, I am writing to ask your support for a petition to the City of Buffalo requesting the improvement of our street between Genesee Street and Sycamore Street. As you know, our street is in poor condition and has been for past 10 years and needs repair. The City of Buffalo allows residents to petition to have improvements made to their street adjacent to their property. Through the assessment, of our tax money would be paid towards the road work that directly benefits our properties rather than other parts of the city. With your support, we create a safer neighborhood with reliable roads. Please help make this a reality by your signature below. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1638 APPOINT POLICE CHIEF(EXEMPT)(YOUNG)(POL) (CCP# 16-1469, 06/21) Mr. Wyatt moved: That Communication 1469 of June 21, 2016, be received and filed and that the Exempt appointment of Aaron V. Young, 125 Thatcher Avenue, Buffalo, NY 14215 to the Position of Police Chief at the Flat Salary of $103,981 PASSED AYES - 8 NOES – 0 NO. 1639 APPOINT POLICE CHIEF(EXEMPT)(GRAMAGLIA)(POL) (CCP# 16-1470, 06/21) Mr. Wyatt moved: That Communication 1470 of June 21, 2016, be received and filed and that the Exempt appointment of Joseph A. Gramaglia, 309 Woodbridge Avenue, Buffalo, NY 14214 to the Position of Police Chief at the Flat Salary of $103,981 PASSED AYES - 8 NOES – 0 NO. 1640 RD APPOINT MOTOR EQUIPMENT MECHANIC(PROV)(3STEP)(COLSTON)(POL) (CCP# 16-1471, 06/21) Mr. Wyatt moved: That Communication 1471, of June 21, 2016, be received and filed and that the Provisional appointment of Darnelle Colston, 151 Hamlin Road rd Buffalo 14208 to the Position of Motor Equipment Mechanic at the 3step of $24,377 PASSED AYES-8 NOES-0 NO. 1641 APPOINT DEPUTY CORPORATION COUNSEL(EXEMPT)(LAZARIN)(CC) (CCP# 16-1472, 06/21) Mr. Wyatt moved: That Communication 1472 of June 21, 2016, be received and filed and that the Exempt appointment of Jessica Lazarin, 207 Longnecker St, Buffalo 14206 to the Position of Deputy Corporation Counsel at the Salary of $91,785 PASSED AYES-8 NOES-0 NO. 1642 APPOINT ASSISTANT CORPORATION COUNSEL II(PERM)(CHIRBOGA)(CC) (CCP# 16-1473, 06/21) Mr. Wyatt moved: That Communication 1473 of June 21, 2016, be received and filed and that the Permanent appointment of J. Christine Chiriboga, 115 Park Street, Buffalo 14201 to the Position of Assistant Corporation Counsel II at the Salary of $72,401 PASSED AYES - 8 NOES – 0 NO. 1643 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (#16-1496, 06/21) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 1644 REQUEST AUTHORIZATION OF PESTICIDE CONTROL PLAN FOR INVASIVE PLANT SPECIES REMOVAL - BAILEY AVENUE BRIDGES (LOV)(DPW) (ITEM NO. 1467, C.C.P., JUNE 21, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to permit Union Concrete, the contractor for the replacement of the Bailey Avenue Bridges, to implement an invasive species pesticide control plan at the project site by using herbicides. PASSED AYES Feroleto, Pridgen, Rivera, Wingo, Wyatt- 5, NOES Fontana, Franczyk, Golombek-3 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 1645 ABANDONMENT AND SALE - ALLEY BETWEEN RHODE ISLAND AND MASSACHUSETTS AND NINETEENTH AND CHENANGO STREETS (NIA)(STRAT PLAN) (ITEM NO. 1434, C.C.P., JUNE 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to abandon and sell the alley between Rhode Island and Massachusetts and Nineteenth and Chenango Streets to the following homeowners ("Buyers") to purchase that portion of the alley adjacent to the property they currently own, as follows: 1. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street (approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft.) in the amount of $876.00. 2. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. 3. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. 4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. 5. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. 6. The owner of 15 and 19 Nineteenth Street, Holly Christiano, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft. for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes the abandonment and sale of the alley is conditioned upon the following conditions by all Buyers: 1. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council; 2. The City of Buffalo Planning Board is in agreement with the abandonment and sale of the subject alley; 3. Each Buyer agrees to pay for their proportionate costs associated with any and all removal, relocation and/or decommissioning of any utilities/facilities that should arise from the abandonment and sale of said alley, if deemed necessary; 4. Each Buyer agrees to sign a full Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said documentation to be in form and substance acceptable to the City in the City's sole discretion; 5. Each Buyer agrees to provide any and all easements deemed necessary by the City of Buffalo's Corporation Counsel's Office; 6. Each Buyer agrees to any other terms deemed necessary by the City of Buffalo Corporation Counsel's Office. 7. The closing and transfer of title with all the Buyers must occur simultaneously to avoid landlocking a portion of the alley. The only exception would be Mr. Galvin, who will not landlock a parcel. 8. The official closing/abandonment of the alley to be sold will not become effective until the deed from the City conveying title to the right of way property to all Buyers is filed in the Erie County Clerk's Office. 9. All of the Buyers purchasing a portion of the alley have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including, but not limited to, ALTA survey or a survey similar to such, legal descriptions of each parcel being conveyed to each individual buyer, transfer tax, recording fees and cost to file the deed and any necessary easements. That the Common Council hereby approves the proposed abandonment and sale of the alley between Rhode Island and Massachusetts and Nineteenth and Chenango Streets provided the above conditions are met. PASSED AYES 8, NOES 0 NO. 1646 PERMISSION TO DESIGNATE DEVELOPER - PORTION OF 240 KENSINGTON (MASTEN)(STRAT PLAN) (ITEM NO. 1437, C.C.P., JUNE 21, 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 Common Council hereby designates 240 Kensington LLC, c/o Creative Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company, with a mailing address of 1659 Amherst Street, Suite 100 Buffalo, New York 14214 as Developer (herein after "Developer"), and/or a corporation, partnership or other legal entity to be designated by 240 Kensington LLC as Developer and approved by the Executive Director of the City of Buffalo, Office of Strategic Planning as Developer to construct forty (40) one and two bedroom units and a community room on approximately 2.5 acres of land, located at 240 Kensington (the "Property"), subject to but not limited to the following terms and conditions: a. The designation will expire twelve (12) months from the date the Common Council approves the designation. b. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ("Designation Fee") by Developer to the Office of Real Estate, payable st within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1) day of every month. c. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to a Land Disposition Agreement ("LDA") to be negotiated by Developer and the City, 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 Contract of Sale/LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and 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 an LDA for approval by the Common Council no later than twelve (12) months from the Common Council approves the designation. e. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City of Buffalo. f. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. g. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to entering a contract of sale and prior to Common Council approval of a Land Disposition Agreement. h. Individuals and/or are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other outstanding liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. i. The Developer, or an entity to be designated by the Developer and approved by the City of Buffalo, Office of Strategic Planning, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Strategic Planning) sole discretion. j. The Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo, Office of Strategic Planning agrees to provide the City of Buffalo any and all other effected utility companies with any easements, rights and access arrangements that may be necessary, satisfactory to the City (City's Division of Real Estate, Department of Public Works and Corporation Counsel) and other effected utility companies in their sole discretion. k. The purchase price was established in accordance with Article 27 of the City Charter. The Developer commissioned by KLW Appraisal Group, LLC, Mr. Gregory C. Klauk, Appraiser, and he has estimated the value of the 2.5 acres to be One Hundred Forty-Five Thousand Six Hundred Dollars ($145,600.00). The appraisal report was submitted to the City of Buffalo Appraisal Review Board at their meeting of September 10, 2015, and they concurred with the appraiser's estimate of value. The Developer has agreed and is prepared to pay One Hundred Forty-Five Thousand Six Hundred Dollars ($145,600.00), pursuant to Item No. 2142, C.C.P., October 27, 2015). I. Upon signing of the Contract of Sale/LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non-refundable deposit in the amount often percent (10%) of the to be agreed upon purchase price. th) m. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate, by the fifth (5of each month, beginning in the month following this designation. n. Submission by the Developer to the Office 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 Contract of Sale/LDA 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, prior execution and compliance with an Access, Indemnification and Insurance Agreement(s), 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, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. q. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. That the Common Council hereby approves the designation of c/o Creative Structures Services, Mr. David Pawlik on behalf of himself and Nick Sinatra of Sinatra & Company, with a mailing address of 1659 Amherst Street, Suite 100 Buffalo, New York 14214, and/or a corporation, partnership, or other legal entity to be designated by Developer and approved by the Office of Strategic Planning as Developer of a portion of 240 Kensington consisting of 2.5 acres on the above terms and conditions; and that Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA for the conveyance of the Property to the Developer for the development of the project on the Property; and that the LDA be forwarded to the Common Council for final approval prior to the transfer of title. PASSED AYES - 8 NOES – 0 NO. 1647 REPORT OF SALE - 401,407 AND 409 ADAMS (ELL)(STRAT PLAN) (ITEM NO. 1439, C.C.P., JUNE 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the offer from Dr. Fadi Dagher and Roger Trettel, on behalf of DT Capital, 5526 Via Marina, Williamsville, New York 14221, in the amount of Five Thousand Eight Dollars ($5,800.00) for the purchase of 401 Adams, 407 Adams and 409 Adams be and hereby is accepted upon the following: 1. DT Capital has agreed to bring the adjacent building they own at 642 Broadway into zoning and building code compliance. 2. DT Capital agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and 3. DT Capital agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. That the Common Council hereby authorizes the Office of Strategic Planning to prepare the necessary documents for the transfer of title and that the Mayor is hereby authorized to execute the same. PASSED AYES - 8 NOES – 0 NO. 1648 APPROVAL OF ABANDONMENT AND SALE AND THE REPORT OF SALE OF THE ALLEY BETWEEN MASSACHUSETTS AND RHODE ISLAND AND CHENANGO AND NINETEENTH STREETS (ITEM NO. 1652, C.C.P., JUNE 21, 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 City of Buffalo Office of Strategic Planning, Division of Real Estate, in accordance with Article 27, Section 27-5 of the City Charter, is authorized to abandon and sell the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets as follows: 1. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street, approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft., in the amount of $ 876.00. 2. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. 3. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. 4. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. 5. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. 6. The owner of 15 and 19 Nineteenth Street, Holly Christiano, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft. for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes the abandonment and sale and the report of sale of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets subject to the following conditions: 1. The Planning Board recommends and approves the abandonment and sale of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets. 2. Providing there are no significant objections voiced or raised at or from the public hearing, published and held by the Common Council.. 3. All of the buyers purchasing a portion of said alley agree to pay for all costs, if any deemed necessary, associated with any and all removal, relocation and/or decommissioning of any utilities/facilities that should arise from this project. All of the buyers purchasing a portion of said alley agrees to sign a Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 5. All of the buyers agree to provide any and all easements deemed necessary by the City of Buffalo Corporation Counsel's Office. 6. All of the buyers purchasing a portion of the alley further agree to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office. 7. The official closing/abandonment of the right of way to be sold will not become effective until the deed from the City conveying title to the right of way property is filed in the Erie County Clerk's Office. 8. The closings and transfer of titles with all the buyers must occur simultaneously to avoid landlocking a portion of the alley. The only exception would be only Mr. Galvin, who will not landlock a parcel a remaining in the City's name. 9. All of the buyers purchasing a portion of the alley have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including, but not limited to, ALTA Survey or a survey similar to such, legal descriptions of each parcel being conveyed to each individual buyer, transfer tax, recording deeds and cost to fie the deed and any necessary easements. That the Common Council hereby authorizes the Mayor to execute all the necessary documents including, but not limited to, the deed in order to effectuate the transfer of title of the alley between Massachusetts and Rhode Island and Chenango and Nineteenth Streets (such deed to be in form and substance acceptable to the Corporation Counsel's Office and to include Indemnity and Release Agreement as to all site and environmental conditions as to the following individuals: a. The owner of 41 and 49 Massachusetts, Joseph R. Galvin, would purchase the portion of the alley running behind 41, 45, and 49 Nineteenth Street, approximately 83 x 12 and a piece 10 x 10 for a total of 1,096 sq. ft., in the amount of $876.00. b. The owner of 72 Chenango, Margaret Dagonese, would purchase a 30 x 6' parcel behind her home in the amount of $144.00. c. The owner of 68 Chenango, MJM Buffalo Holdings LLC, would purchase approximately 53 x 6 and half of the 10 x 10, or approximately 368 sq. ft. parcel behind their property for $295.00. d. The owner of 482 Rhode Island, Christina D'Angelo and Jane Marcotte, would purchase 62 x 12 portion behind their property for $595.00. e. The owner of 474 and 476 Rhode Island, Westside Restoration LLC, would purchase approximately 60 x 12 portion behind their property for $576.00. f. The owner of 15 and 19 Nineteenth Street, Holly Christiano, would purchase 83 x 6 (498 sq. ft.) and a triangular portion 50 sq. ft. for a total of 548 sq. ft. for $438.00. That the Common Council hereby authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the deed conveyance and any easement agreements and arrangements, if deemed necessary; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and/or develop, negotiate and process the necessary documents and/or modifications thereto as shall be reasonably necessary to facilitate and implement the sale of the alley for the benefit of the City. PASSED AYES - 8 NOES – 0 NO. 1649 SUBPOENA MOHAMMAD KABIR(PRIDGEN) RES 1565, JUNE 21, 2016 That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the Common Council, under Section 3-70 of the City of Buffalo Charter, hereby directs the Corporation Counsel to subpoena Mohammad Kabir, owner of 413 Sherman Street to appear before the Common Council's Community Development Committee to explain what his intension for the property are; and that the Common Council hereby directs the City Clerk to send copies of this resolution to Mohammad Kabir and the Corporation Counsel. ADOPTED NO. 1650 2016 ANNUAL ACTION PLAN BUDGET (STRAT PLAN) (ITEM NO. 1533, C.C.P., JUNE 21, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 1651 C. MANCINELLI-CONCERNS NFTA BUS SERVICE (C.C.P. #16-955, APR 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1652 REQUEST FOR TOWN GARDENS, LLC INVESTIGATION (C.C.P. #11-84, NOV 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DAVID A. FRANCZYK, CHAIRMAN) NO. 1653 MOBILE FOOD TRUCK - BLUE BALLS BUS INC. (DPIS) (ITEM NO. 1476, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Franczyk moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 1654 MOBILE FOOD TRUCK - THE GROVE JUICE TRUCK (DPIS) (ITEM NO. 1477, C.C.P., JUNE 21, 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 Michael Driscoll of 1166 Losson Road, Cheektowaga, New York 14227 and d/b/a The Grove Juice Truck is hereby approved. PASSED AYES - 8 NOES - 0 NO. 1655 MOBILE FOOD TRUCK- SWEET MELODY'S (DPIS) (ITEM NO. 1480, C.C.P., JUNE 21, 2016) Mr. Franczyk 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 Charles Incorvia of 8485 Transit Road, East Amherst, New York 14051 and d/b/a Sweet Melody’s is hereby approved. PASSED AYES – 8 NOES – 0 NO. 1656 RESTAURANT DANCE CLASS IV - 2182 DELAWARE AVENUE (DEL)(DPIS) (ITEM NO. 1481, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; Mr. Franczyk moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 1657 SIDEWALK CAFE 601 MAIN STREET (ELL) (DPIS) (ITEM NO. 1482, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of TGI Fridays, for a Sidewalk car6 License located at 601 Main Street, upon the following conditions: PASSED AYES 8 NOES - 0 NO. 1658 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1487, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 14, 2016, is hereby denied. Denial. AYES - 8 NOES - 0 NO. 1659 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1488, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 14, 2016, is hereby approved. PASSED AYES - 8 NOES – 0 NO. 1660 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1489, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for denial; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on August 11, 2016, is hereby denied. Denial. AYES - 8 NOES - 0 NO. 1661 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1490, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on August 25, 2016, is hereby approved. PASSED AYES - 8 NOES - 0 NO. 1662 TH R. HERNANDEZ, AGENT, TO REZONE 505 7STREET TO BUILD A NEW STATE-OF-THE-ART MEDICAL CENTER (ELL)(DPIS) (ITEM NO. 1507, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; th That the Common Council hereby approves the application of R. Hernandez, Agent, to rezone 505 7Street from a R3 Residential to a C2 Commercial to build a new state-of-the-art medical center PASSED AYES - 8 NOES - 0 NO. 1663 J. VELARDE, AGENT, TO USE 62 ENGLEWOOD TO ERECT AN ACCESSIBLE RAMP LIFT AND STAIRS ON A CITY RIGHT-OF-WAY ON THE SIDE OF AN EXISTING CHURCH (UNIV)(DPIS) (ITEM NO. 150, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Velarde, Agent, to erect an accessible ramp, lift and stairs on the City right-of-way on the side of an existing church, located at 62 Englewood. PASSED AYES - 8 NOES -0 NO. 1664 S. DEFRANKS, OWNER, TO USE 670 OHIO TO ADD USE OF CONTRACTOR STORAGE YARD TO AND EXISTING MANUFACTURING AND PROCESSING USE IN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT (SOUTH) (ITEM NO. 1511, C.C.P., JUNE 21,2016) Mr. Franczyk 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 S. DeFranks, Owner, to add use of contractor storage yard to an existing manufacturing and processing use, located at 670 Ohio in the Buffalo Coastal Special Review District. PASSED AYES - 8 NOES - 0 NO. 1665 D. DOYLE, AGENT, TO USE 1678 HERTEL FOR A TAKE-OUT RESTAURANT AND SIDEWALK CAF6 IN THE HERTEL AVENUE DISTRICT (DEL)(DPIS) (ITEM NO. 1512, C.C.P., JUNE 21, 2016) Mr. Franczyk 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. Doyle, Agent, for a take-out restaurant and encroachment on a City right-of-way for a sidewalk café (92' x 12'), located at 1678 Hertel, in the Hertel Avenue District PASSED AYES - 8 NOES - 0 NO. 1666 P. MORINO, OWNER, TO USE 1318 HERTEL FOR OPERATION OF A TAVERN AND SIDEWALK CAR6 WITH ENCROACHMENT ON CITY RIGHT-OF-WAY IN THE HERTEL AVENUE DISTRICT (DEL)((DPIS) (ITEM NO. 1513, C.C.P., JUNE 21, 2016) Mr. Franczyk 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 P. Morino, Owner, for operation of a tavern and a sidewalk caf6 with encroachment on a City right-of-way, located at 1318 Hertel, in the Hertel Avenue District. PASSED AYES – 8 NOES - 0 NO. 1667 N. SPENCE, OWNER, TO USE 2022 GENESEE TO REESTABLISH A RESTAURANT IN THE GENESEE/EAST DELAVAN SPECIAL DISTRICT (LOV)(DPIS) (ITEM NO. 1514, C.C.P., JUNE 21, 2016) Mr. Franczyk 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. Spence, Owner, to reestablish use of a restaurant located at 2022 Genesee in the Genesee/East Delavan Special District. PASSED AYES -8 NOES - 0 NO. 1668 ORDINANCE AMENDMENT" CHAPTER 137 CODE ENFORCEMENT (ITEM NO. 1570, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Chapter 137 of the Code of the City of Buffalo, as it relates to Code Enforcement be amended as specified in the attached Ordinance Amendment. PASSED AYES -8 NOES - 0 NO. 1669 ORDINANCE AMENDMENT - CHAPTER 194 FOOD STORES (ITEM NO. 1571, C.C.P., JUNE 21, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That Chapter 194 of the Code of the City of Buffalo, as it relates to Food Stores be amended as specified in the attached Ordinance Amendment. PASSED AYES 8 NOES -0 NO. 1670 RES. 1575, JUNE 21, 2016 TENANT NOTIFICATION OF CHANGE IN PROPERTY MANAGEMENT That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Franczyk moved: That the Common Council hereby requests the Department of Law, in partnership with the Department of Permits and Inspections, and any other necessary departments, to begin drafting legislation to require property managers to notify tenants when there is a change in property management; and that an official form shall be created and distributed by the Department of Permits and Inspections for property managers to complete and send to all tenants within thirty (30) days of receiving a property management license; and that the Common Council hereby requests that the Charter be amended to ensure Assistant Corporation Counsel verifies that all rental registry fees are paid, and property violations and 311 Quality of Life complaints are resolved prior to renewal; and that this resolution should be forwarded to the appropriate Common Council Committee to allow for discussion on the specific details to be contained within the legislation; and that copies of the resolution should be forwarded to the Mayor, the Commissioner of Permits and Inspections, the Corporation Counsel, and the City of Buffalo Housing Court Judge. ADOPTED NO. 1671 J. MCCARTHY, OWNER, TO USE 225 LEXINGTON FOR A SIDEWALK CAFÉ (NIA) (DPIS) (ITEM NO. 1397, C.C.P., JUNE 7, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. McCarthy, Owner, for a sidewalk café at the front of a two-story restaurant, located at 225 Lexington, upon the following conditions:  Reduce with to 12’-0” maximum, dimension is restricted within the City Ordinances.  Provide clear, 5 foot minimum zones between proposed sidewalk patio and fixed objects (stop sign & driveway apron). PASSED AYES - 8 NOES - 0 NO. 1672 M. ROMANOWSKI-INFO-SITE PLAN, AREA VARIANCE AND FENCE APPL FOR BIRD AVE (C.C.P. #16-956, APR 26) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1673 RES. 1010, APR. 26, 2016 SOLAR PANEL SYSTEMS That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Franczyk moved: That the Common Council hereby requests that the Corporation Counsel to incorporate the NFPA's findings with the Fire Department to amend Chapter 103 of the City Code in order to protect firefighters from potentially hazardous encounters with solar panels not covered by FCNYS; and that the Common Council hereby requests continual training for first responders in the disarmament of solar panels; and that copies of this resolution be sent to the Mayor's Office, the Department of Public Works, the Fire Department, the Law Department, National Grid, Solar City, the Department of Permits and Inspections, the Office of Strategic Planning, the City Planning Board, the Environmental Management Commission and Erie County. ADOPTED NO. 1674 FOOD STORE LICENSE (NEW) - 881 WILLIAM A/K/A 389 FILLMORE (FILL)(DPIS) (ITEM NO. 1904, C.C.P., SEPT. 29, 2015) Mr. Franczyk 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 Permits and Inspections Services approves the application of Michael Boyle d/b/a 716 Food Mart LLC, to operate a food store located at 881 William a/k/a 389 Fillmore. PASSED AYES - 8 NOES -0 NO. 1675 USED CAR DEALER2655 BAILEY(UNIV)(EDPI) (C.C.P. #15-1809 SEPT15) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1676 C. AUERBAEH, AGENT, USE 169 BUFFALO RIVER TO RE-ESTABLISH A SCRAP METAL RECYCLING & PROCESSING IN THE BFLO COASTAL SPEC DIST(SOUTH)(HRG 9/22) (C.C.P. #15-1822-SEPT 15) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1677 BY JOEL P. FEROLETO AND ULYSEES O. WINGO, SR. BUFFALO COMMON COUNCIL SUPPORTS A 10510 PEOPLES-STOKES SAME AS S 4237-A GALLIVAN Whereas In September 1973, eleven western New York counties and 2 cities established the Western Regional Off-Track Betting Corporation, they being Cattaraugus, Chautauqua, Erie (and the City of Buffalo), Genesee, Livingston, Monroe (and the City of Rochester), Niagara, Orleans, Seneca, Steuben, and Wayne, as enabled by state law; and Whereas These municipal "stockholders" chose to exercise that local option to form such a corporation that dictated local control by those municipalities over such gaming activities in their respective communities; and Whereas The start-up costs of this enterprise were funded solely by these initiating counties from their own treasuries of taxpayer money and represented no state money nor allowed for any state sharing of this purely local venture; and Whereas Since those eleven counties voted to form Western Regional Off-Track Betting Corporation, an additional four western New York counties have joined them ( Wyoming, Schuyler, Oswego, and Cayuga) in the local control of such gaming activities that has since generated over $215 Million in operating and surcharge revenues to the taxpayers of those participating municipalities; and Whereas Assemblywoman Peoples-Stokes A10510 was passed by the New York State Assembly unanimously, Senator Gallivan $4237-A was passed by the New York State Senate 61-1; and Whereas Western Regional Off Track Betting/Batavia Downs Gaming needs the adoption of this Bill to maintain and or increase revenues to the City of Buffalo due to the encroachment of recently approved and expansion Gaming facilities in New York State; and Whereas The participating municipalities of Western OTB as its shareholders have a pro-rata financial interest in the $69 million of net equity re- invested in its 30-plus corporately-owned branch facilities and the track and casino at Batavia Downs; and Whereas Batavia Downs Gaming is the only municipally owned Gaming Facility in New York State; and Whereas Western Regional Off Track Betting has proven to be a successful Public Benefit Corporation for the benefit The City of Buffalo. Now, Therefore Be It Resolved: That the City of Buffalo Common Council supports this legislation approved by the New York State Senate and Assembly and respectfully urges Governor Cuomo to sign this into law. Be It Further Resolved: That copies of this resolution be sent to the Mayor of Buffalo, Senate Majority Leader Flanagan, Assembly Leader Heastie and Governor Cuomo. ADOPTED NO. 1678 BY: MR FRANCZYK SPEEDING ON MOSELLE STREET WHEREAS: Recently a toddler was tragically killed when a motorist driving on Moselle Street ran into the infant's stroller; and, WHEREAS: Although the exact circumstances of this tragic accident are still being investigated, there are some mitigating measures that may prevent similar terrible events from happening in the future; WHEREAS: One of the problems pointed out in Common Council session last year about Moselle Street were the number of sidewalks destroyed by past demolition contractors forcing people to walk in the street; and, WHEREAS: The other problem is irresponsible drivers frequently and recklessly speed well beyond the city speed limits up and down Moselle Street, putting people in great danger; and WHEREAS: A combination of approaches are needed to make Moselle and other streets safer, including aggressive police ticketing of speeders, police cameras and electronic speed signs, continued vigilance to ensure that contractors repair sidewalks they damage during the demolition process and traffic calming measures recommended by the Public Works Department; NOW THEREFORE BE IT RESOLVED: That the Public Works Department report on the feasibility of putting a Stop Sign on Moselle Street possibly near Frankfort Street or adjacent location on Moselle to slow vehicles racing down the street, as well as repairing those sidewalks destroyed or worn down on Moselle Street; BE IT FURTHER RESOLVED: That the Common Council request that the Buffalo Police Department step up efforts to stop speeding on Moselle and other streets; BE IT ALSO RESOLVED: That the Inspections Department continues to ensure that demolition contractors repair city sidewalks they damage or destroy in a timely manner; BE IT FINALLY RESOLVED: That the above mentioned departments report to the Common Council on progress with conditions on Moselle Street. AND COPIES OF THIS RESOLUTION BE SENT TO Public Works, Licenses, The Mayor and the Federal FCC ADOPTED NO. 1679 BY: COUNCIL MEMBER GOLOMBEK, JR MORATORIUM ON COMMUNICATION TOWERS IN THE CITY OF BUFFALO Whereas, communication towers are structures comprised of electronic communications equipment and a large antennae built for cell phone and wireless network reception; Whereas, while most communication tower sites are inconspicuous, there are several cases in The City of Buffalo where the location of the a tower is a major eyesore for the residents who live and work within its vicinity; Whereas under Buffalo City Code Chapter 511-158: "Communication towers or antennas that are proposed to be constructed, relocated, rebuilt or extended in any R District and that are not proposed to be mounted or attached on existing communication towers, buildings or structures shall be permitted in any R District, provided that a restricted use permit has been obtained pursuant to Buffalo Code § 511-55. In addition to the factors contained in Buffalo Code § 511-55, the Common Council may consider other factors Consistent with the legislative intent of this article as contained in Buffalo Code Chapter lo3, Article VII, § lo3-58. The Common Council may impose reasonable restrictions on any applicant as may be necessary to fulfill the legislative intent of this article. Any denial of an application by the Common Council shall be made in writing and contained in a written record specifying the reasons for the denial." Whereas to promote and protect the public health, safety and welfare, preserve the aesthetic character of the communities of The City of Buffalo, and to reasonably regulate the development and operation of cell towers within the City to the extent permitted under State and federal law, The City of Buffalo should consider zoning changes that would better regulate cell phone tower locations; Whereas, a one year moratorium on communication towers will allow The City of Buffalo to make any necessary changes and halt the building of towers in areas that will negatively impact residents: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Requests a moratorium on any new cell phone towers until July 5, 2017 to provide adequate time for The City of Buffalo to consider zoning requirement and City Charter changes that may be necessary for the well-being of residents; 2) Calls on the City of Buffalo Office of Permits and Inspections to cease accepting any and all communication tower building permits, including all current applications, during the term of the moratorium; 3) Requests that the City Clerk forward copies of this resolution to the office of the Mayor, Permits and Inspections and the Federal Communications Commission. ADOPTED NO. 1680 BY: MR. PRIDGEN COUNCILMEMBER SCANLON EXCUSED FROM COUNCIL MEETING RESOVED: That Councilmember Christopher P. Scanlon, be and hereby is excused from attendance at the Common Council Meeting of July 5, 2016. ADOPTED NO. 1681 BY: COUNCIL PRESIDENT PRIDGEN APPOINT COMMON COUNCIL AND CITY CLERK STAFF Councilmember Rivera placed in nomination the following individuals for appointments with the Common Council and City Clerk's Office effective July 2, 2026: Linda Andersen Veola Brooks Malcolm Ertha Jason Hurley Timothy Richards Legislative Aide Assistant Legislative Aide II Sr. Legislative Assistant to Common Council Legislative Assistant Councilmember Sr. Legislative Assistant to Common Council Seconded By: A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES – 8 NOES - 0 ADOPTED NO. 1682 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO ON JUNE 23RD, 2016 COUNCIL MEMBER DAVID A. RIVERA SUBMITTED THE FOLLOWING RESOLUTION: FEE WAIVER FOR PUERTO RICAN AND HISPANIC DAY PARADE AND FESTIVAL Whereas, The Puerto Rican and Hispanic Day Parade of Western New York will be hosting their 14th annual parade and celebration on th, August 202016; and Whereas, This wonderful event will take place in front of Buffalo City Hall at 1:00pm and will be marching north on Niagara Street and concluding on Porter Avenue; and Whereas, The Puerto Rican and Hispanic Day Parade of Western New York will also be holding a day long festival located at La Salle th Park on Saturday, August 20 coinciding after the parade, as well as an additional event the day after on Sunday, August 21~t; and The Puerto Rican and Hispanic Day Parade of Western New York is a not-for-profit organization with the sole mission of planning and promoting festivities that celebrate and encourage Puerto Rican and Hispanic traditions, culture, cuisine, and heritage throughout the Western New York community; and Now, Therefore, Be It Resolved, that the City of Buffalo Common Council approves the waiving of all fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and the Mayor's Office of Special Events. PASSED AYES 8, NOES 0 NO. 1683 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON JULY 5, 2016 COUNCIL MEMBER WINGO SUBMITTED THE FOLLOWING RESOLUTION: ST WAIVE PARK FEES FOR 1ANNUAL MBCC PICNIC Whereas, Whereas, Chapter 175 of the code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required under various chapters of the City Charter; st Whereas, the 1Annual MBCC Picnic will be held in MLK Park on July 3, 2016; Now, Therefore Be It Resolved that the City of Buffalo Common Council-- 1) That the Common Council of the City of Buffalo respectfully request that the, Department of Permits and Inspections, and the st Department of Public Works waive fees applicable for the 1 Annual MBCC Picnic; 2) That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED AYES 8, NOES 0 NO. 1684 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON JULY 5, 2O16 COUNCIL MEMBER WYATT SUBMITTED THE FOLLOWING RESOLUTION: ADDITIONAL POLICE DETAIL ON RESIDENTIAL STREETS Whereas, residential side street speed limits are generally posted as 30 miles per hour and less in school and construction zones; Whereas, these areas have high pedestrian foot traffic and drivers are required to be aware of their surroundings and to follow the speed limit at all times; Whereas, there have recently been a litany of complaints from citizens regarding speeding and running of stop signs on residential side streets; Whereas, there have been several reported accidents in residential side streets, including a fatal accident on Moselle Street in which a mother and her infant child were struck by a vehicle that was not obeying the speed limit: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Requests that the Office of Citizen Services provide all relevant information from the 311 Call and Resolution Center to Buffalo Police regarding citizen complaints about traffic violations on residential streets; 2) Resolves that the Buffalo Police Force add additional traffic police details on residential side streets that have had a litany of complaints regarding speeding, running of stop signs; 3) Requests that the City Clerk send copies of this resolution to Buffalo Police and the Office of Citizen Services. ADOPTED NO. 1685 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 11 - ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 1050 - BUDGET & MANAGEMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 11 - Administration, Finance, Policy & Urban Affairs 1050 - Budget & Management, Is hereby amended to read: 1 Senior Special Assistant to Administration & Finance $50,343 Is hereby amended to read: 1 Senior Special Assistant to Administration & Finance $55,556 !t is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1686 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 55 - COMMUNITY SERVICES 1301 - ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55- Community Services, 1301-Administration, Is hereby amended to read: 1 Secretary to the Commissioner of Community Services $39,779 Is hereby amended to read: 1 Secretary to the Commissioner of Community Services $43,379 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, OTIS T BARKER, ACTING COMMISSIONER OF COMMUNITY SERVICES AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1687 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE 1519 - CITIZEN SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03- Executive, 1519-Citizen Services, Is hereby amended to read: 1 311 Call Center Manager $66,300 Is hereby amended to read: 1 311 Call Center Manager $75,160 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1688 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 21-FIRE 1135 - FIRE ALARM & TELEGRAPH The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 - Fire, 1135 - Fire Alarm & Telegraph which currently reads: 3 Fire Captain $ 80,508 2 Fire Alarm Dispatcher $ 78,956 Is hereby amended to read: 4 Fire Captain $ 80,508 1 Fire Alarm Dispatcher $ 78,956 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. GARNELL WHITFIELD, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 8, NOES 0 NO. 1689 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. Michael D. Teloh TOTAL: 1 ADOPTED NO. 1690 BY: RASHEED N.C. WYATT APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional upon the person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Thomas A. Enstice Frank J. Gizzo Jr. Mary E. Gugliuzza Eric John Kross William B. Licata Joseph Paszkiewicz Total: 6 ADOPTED NO. 1691 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Claims Wednesday, July 13, 2016 11:00 o'clock A.M. Committee on Civil Service Tuesday, July 12, 2016 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 12, 2016 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 12, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 12, 2016 at 2:00 o'clock P.M. Special Committees (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 meeting~ 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. 1691 ADJOURNMENT On a motion by Mr. Rivera, Seconded by Mr. Wingo, the Council adjourned at 3:10 PM GERALD A. CHWALINSKI CITY CLERK