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16-0719
NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO JULY 19, 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 19, 2016 FINAL Roll Call Pledge of Allegiance Invocation 1691- 1. Felicitation/in Memoriam ADOPT MAYOR 1692- 2. Request to Exempt the Zoological Society of Bflo, Inc. from the Living Wage Ordinance For Seasonal and Part-time Employees APP W/COND 1693- 3. Appoint Digital Communications Officer(Houston)(exempt) CS 1694- 4. Appoint Director of Government Relations & Special Project(Smith)(exempt)_CS 1695- 5. Appoint Press Information Officer(Young)(exempt) CS 1696- 5A Appoint Graphic Artist(Exempt)(Harris) CS MAYOR – EXECUTIVE 1697- 6. Cit Serv-Citizen Complaints for Traffic Violations CD 1698- 7. Cit Serv-Submission of Monthly Report for May 2016 R&F 1699- 8. Cit Serv-Submission of Monthly Report for June 2016 R&F 1700- 9. Plan Bd-SEQRA-Negative Declaration 502 Elmwood(Nia) LEG 1701- 10. Plan Bd-SEQRA-Negative Declaration 200 Niagara St(Fill) R&F 1702- 11. Strat Plan-Annual Action Plan Amendments CD 1703- 12. Strat Plan-Approve LDA Btwn COB and UH LOFTS LLC for 91 Lisbon, Former School No. 63(Univ) APP 1704- 13. Stat Plan-Auth Execution and Deliver a Signed Lease Agmt Btwn COB & Broadway Market Vendors for Purpose of Doing Business APP 1705- 14. Strat Plan-Lofts at University Heights PILOT Project APP 1706- 15. Strat Plan-Report of Sale 14 Barthel(Fill) APP 1707- 16. Strat Plan-Report of Sale 828 Glenwood(Masten) APP 1708- 17. Strat Plan-Report of Sale 412 Goodyear(Fill) APP 1709- 18. Strat Plan-Report of Sale 113 Ruhland(Fill) APP 1710- 19. Strat Plan-Report of Sale 1205 West Avenue(Nia) APP 1711- 19A Strat Plan-Transfer Jurisdiction-170 & 172 Germania(South) CD PUBLIC WORKS 1712- 20. Notification Serial #10962,10970-73(waive 45 days) R&F 1713- 21. Awning Within ROW 483 Delaware(Fill) APP 1714- 22. Change in Contract City Wide Mill & Overlay 2015 Group 820 APP 1715- 23. Change in Contract(Correction)Fire and Police Dept Quick Action Plans APP 1716- 24. Change in Contract Genesee St Gateway-Washington to Elm-Watts Arch(Ell)_APP 1717- 25. Change in Contract Genesee St Gateway-Washington to Elm-Yarussi Constr(Ell)_APP 1718- 26. Change in Contract Police A District Pkg Lot Reconstr(South) APP 1719- 27. Permission to Enter into Agmt with CSX Transp to Facilitate Coordination of Work Cars on Main St-Lower Main Proj Exchange to Perry Sts APP 1720- 28. Permission for Encroachment on Public ROW 204 Franklin –Enclosed Outdoor Patio(Ell) APP 1721- 29. Permission to Hire Consultant Animal Shelter Improv(Ell) APP 1722- 30. Permission to Hire Consultant City Hall Security Cameras(Ell) APP 1723- 31. Permission to Increase Contract Niagara St Gateway Project Phase 1 APP 1724- 32. Permission to Purchase (3) Freightliners APP 1725- 33. Permission to Purchase Street Sweeper APP 1726- 34. Permission to Purchase Tractor APP 1727- 35. Report of Bids-Conner, Kait Harrity Indoor Pool(Caz Pool) Wall and Window Replacement(South) APP 1728- 36. Report of Bids-Correction Engine #28 Roof Project(Lov) APP 1729- 37. Report of Bids-MLK Jr. Park Casino Phase III Reconstr-CDBG(Masten) APP 1730- 38. Report of Bids-Recyclable Material Collection and Processing FIN 1731- 39. Report of Bids-Road Improv to Warren Spahn Way Group 849(South) APP 1732- 40. Report of Bids-Schiller Pk Concession Bldg(Lov) APP 1733- 41. Report of Bids-Turner & Augspurger Pkg Structures Rehab Proj(Ell) APP 1734- 42. Request for Authorization to Amend Agmt Btwn COB and Bflo Olmsted Pks Conservancy APP 1735- 43. Request for Authorization to Accept Greenway Grant Funds, Awarded to Bflo Olmsted Pks Conserv for Cazenovia and Delaware Parks APP 1736- 44. Request for Authorization to Accept Greenway Grant Funds, for Improv to LaSalle Pk and Jesse Kregal-Shoreline Trail Connector APP 1737- 45. Appoint Assistant for External Affairs(Special Events)(Houck)(exempt) CS 1738- 46. Appoint Director of Special Events(Drye)(exempt) CS POLICE 1739- 46A Acceptance of Donation-2 Mountain Bikes from Delaware North APP 1740- 47. Approval to Purchase New Police Vehicles APP 1741- 48. Drug Asset Forfeiture Wire Transfers R&F FIRE 1742- 48A Purchase of Fire Response Vehicles (2 Ford Explorers) FIN CORPORATION COUNSEL 1743- 49. Appoint Secretary to the Office of New Americans(King)(exempt) CS PERMITS AND INSPECTIONS 1744- 50. Food Store(New) 833 Tonawanda(North) APP 1745- 51. Food Store(New) 139 Vermont(Nia) APP 1746- 52. Lodging House License 6 Courtland(Lov) APP W/COND 1747- 52A Lodging House License-250 Delaware(Ell) APP 1748- 52B Mobile Food Truck-Andersons Custard LEG 1749- 52C Restaurant Dance Class 3-245 Allen(Fill) LEG 1750- 52D Restaurant Dance Class 2-250 Delaware(Ell) APP 1751- 52E Sidewalk Café-1672 Elmwood(Del) LEG,PW 1752- 52F Sidewalk Café-1607 Hertel(Del) LEG.PW 1753- 53. Tire Handler/Used Car Dealer 160 Abbott(South) LEG ADMINISTRATION AND FINANCE 1754- 54. Appoint Director of Policy & Legislation(Marcy)(exempt) CS 1755- 55. Appoint Legislative Coordinator(Breen)(exempt) CS 1756- 56. Appoint Secretary to the Commissioner(Benitez)(exempt) CS PARKING 1757- 57. Pay and Display Meters in Two Parking Lots on Hertel APP COMMUNITY SERVICES 1758- 58. Appoint Director of Recreation(Simmons)(exempt) CS 1759- 59. Appoint Director of Youth(Part time)(Kemp)(exempt) CS 1760- 60. Appoint Secretary to the Commissioner(Brown)(exempt) CS BOARD OF EDUCATION 1761- 61. Response to Resolution CCP 05/10/16 #1133 R&F CITY CLERK 1762- 62. Items returned by Mayor without Approval/Disapproval(6/21/16) R&F 1763- 63. Liquor License Applications R&F 1764- 64. Reports of Attendance R&F 1765- 64A Acting Time R&F 1766- 65. Notices of Appointments-Council Interns ADOPT 1767- 66. Notices of Appointment-Seasonal R&F 1768- 67. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1769- 68. C. Meadows & O-Concerns Nyree Anderson CD 1770- 69. E. Rodriguez-Request for Expanding Unity Island Development CD,PW 1771- 70. M. Romanowski-City Plan Bd Resolution-Queen City Landing-Site Plan Approval for the Proposed Mixed-Use R&F 1772- 71. R. Wyatt-K. Keene-Property Repairs Cleaner Estates LLC LEG 1773- 72. R. Wyatt-Public Meeting Notices R&F 1774- 72A R.Wyatt-Oppose Hiring Non-Resident Employees CS PETITIONS 1775- 73. A. Terragnoli, Agent, Use 7-37 Brewster to Place a Restricted Parking Lot for the Tri-Main Bldg(Masten)(hrg 7/26) LEG,CPBD 1776- 74. C. DeLorenzo, Owner, Use 766 Elmwood for a Sidewalk Café Encroaching on the City ROW(Del)(hrg 7/26) LEG,CPBD,PW 1777- 75. S. Tuohey, Owner, Use 481 Delaware to Re-Establish a Restaurant Under New Ownership and Include a Bakery and Retail Sales and an Outdoor Café (Fill)(hrg 7/26) LEG,CPBD 1778- 76. M. Anderson, Agent, Use 1372 Clinton to Convert a 2 Story Masonry Office/Storage Building to a Brewery/Tavern in a M1 Zoning District(Fil)(hrg 7/26) LEG,CPBD 1779- 77. J. Pellenz, Agent, Use 1122 Elmwood to Re-establish a Restaurant Closed more than 1 Year in the Elmwood Ave Business District(Del)(hrg 7/26) LEG,CPBD RESOLUTIONS 1820- 77A Fontana Endorsement and Approval Preservation league of NYS- Main St Technical Assistant Grant ADOPT 1821- 77AB Fontana Waiver of Fees forLovejoy Summer Festival APP 1822- 77ABC Fontana Waiver of Fees for Schiller Park Community Day APP 1823- 77B Franczyk Disch Leg-CCP# 1653,06/21-Mobile Food Truck Blue Balls Inc RECOMMIT 1824- 78. Franczyk Support Broadway Market Application for NYS HCR Downtown Anchor Program Funding ADOPT 1825- 78A Golombek Waiver of Special Event Fees-WNY VegFest APP 1826- 79. Pridgen Appoint Marriage Office-Golombek Jr. ADOPT 1827- 79A Pridgen Support BUDC-Application for NYC HCR Downtown Anchor Program-Trico ADOPT 1828- 79B Rivera Auth a Vehicle Allowance for Privately Owned Vehicles Used for City Business LEG 1829- 79C Rivera Ordinance Amendment-Ch 35 Personnel Policies-Automobile Transportation Allowance LEG 1830- 80. Scanlon Waive Event Fee for the Use of Cazenovia Pk for Notre Dame nd Academy’s 2 Annual “Fun Run” APP 1831- 80A Scanlon Ordinance Amendment-Ch 307-Parkin and Parking Lots Article I Parking Violations LEG 1832- 80AB Wingo Waive Park Rental & Special Event Fees for Various Events APP 1833- 81. Wyatt Comm of Deeds ADOPT 1834- 82. Wyatt Comm of Deeds-Public Duties ADOPT District Announcements Adjournment SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS Personal Injury 1780- A.1. Cornell, Jasmine $ 3,000.00 APP A. 2. McLaughlin, James $165,000.00 APP A. 3. Oviedo, Abel $ 42,000.00 APP A. 4. Tripi, Anthony $ 2,500.00 APP A. 5. Williams, Carl $ 6,250.00 APP A. 6. Wilson, Lori $ 70,000.00 APP Property Damage 1781- B. 1. Coyle, John J. $ 1,500.00 APP B. 2. Hayden, Brian $ 250.00 APP B. 3. Makula, Dorothy and Stephan $ 791.70 APP B. 4. Travelers Home and Marine Ins Co $ 21,745.20 APP Prior Fiscal Year Invoices 1782- C. 1. ACR of WNY $ 744.00 APP C. 2. Bison Elevator $ 6,613.35 APP C. 3. Buffalo Civic Auto Ramps, Inc. $ 41,484.48 APP C. 4. Buffalo Small Animal Hospital $ 5,250.00 APP C. 5. Colgate Industries $ 252,751.21 APP C. 6. Connors & Vilardo, LLP $ 7,341.30 APP C. 7. Deborah Delelys $ 200.00 APP C. 8. D.V. Brown & Associates $ 4,504.82 APP C. 9. Douglas J. Bantle $ 805.68 APP C. 10. Erie County Title Services $ 74,560.00 APP C. 11. Esquire Solutions $ 1,248.92 APP C. 12. EZTAG/GTECHNA $ 30,354.01 APP C. 13. HealthPort $ 23.03 APP C. 14. International Institute of Buffalo $ 100.00 APP C. 15. Jack W. Hunt & Associates $ 1,268.80 APP C. 16. Krista Gottlieb, Esq. $ 910.00 APP C. 17. Kurk Fuel Company $ 406.30 APP C. 18. Michael Menard, Esq. $ 150.00 APP C. 19. Precision Abstract $ 35,700.00 APP C. 20. Riccelli Enterprises $ 27,500.00 APP C. 21. Riverside Towing $ 8,575.00 APP C. 22. Safety Kleen Systems, Inc. $ 3,693.00 APP C. 23. Search Works Title $ 17,580.00 APP C. 24. Simplex Grinnell $ 3,846.35 APP C. 25. Streamhoster $ 1,200.00 APP C. 26. Law Offices of Thomas H. Burton $ 820.00 APP C. 27. UB Neurosurgery $ 197.94 APP C. 28. U & S Services Inc. $ 1,080.00 APP C. 29. Verizon Wireless $ 120.02 APP C. 30. Watts Architecture & Engineering $ 2,163.75 APP Miscellaneous 1783- D. 1. Dig Safely NY $ 7,910.00 APP D. 2. Large Kar Leasing, LLC $ 15,891.60 APP D. 3. Luciano, Nelson $ 1,300.00 APP D. 4. Say Yes to Education $ 164,975.00 APP For Discussion 1784- E. 1. Byrd, Demetrius $ 188.75 APP E. 2. Heitzhaus, Paul $ 750.00 APP E. 3. Senger, Martin $ 364.47 APP CIVIL SERVICE 1785-1. 16-1598 Com July 5 Appoint Supervisor of Street Sanitation I(Perm)(Inter)(Buchowski)(PW) APP 1786- 2. 16-1599 Com July 5 Appoint Supervisor of Street Sanitation I (Perm)(Step 2)(Pace)(PW) APP 1787- 3. 16-1600 Com July 5 Appoint Supervisor of Street Sanitation I(Perm)(Step 3)(Martin)(PW) APP 1788- 4. 16-1601 Com July 5 Appoint Police Captain(Temp)(Kent, Nichols)((Pol) APP rd 1789- 5. 16-1602 Com July 5 Appoint Motor Equipment Mechanic(Prov)(3 Step)(Colston) APP rd 1790- 6. 16-1606 Com July 5 Appoint Building Inspector(Prov)(3 Step)(Soto II)(EDPI) APP 1791- 7. 16-1608 Com July 5 Appoint Special Assistant to the Commissioner(Exempt)(Hough)(Pkg) APP 1792- 8. 16-1626 Com July 5 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 1793- 9. 16-1584 Com July 5 Annual Audit Plan-2016-2017(Compt) R&F 1794-10. 16-1609 Com July 5 Proposed Agreement With Say Yes to Education(Comm Svs) APP 1795- 11. 16-1451 Com June 21 Capital Debt Service Fund Deposits 2016-2017 Fiscal Year(Compt) R&F 1796- 12. 16-1371 No June 7 R. Fontana-Response on Annual Audit Plan Filed With the Council (2015-#2050, 10/13)(16-1242, 05/24) RECOMMIT COMMUNITY DEVELOPMENT 1797- 13. 16-1583 Com July 5 Report of Sale-373 Leroy(Masten)(Strat Plan) APP 1798- 14. 16-1604 Com July 5 Food Store(New) 468 Niagara (Ell)(EDPI) APP W/COND 1799- 15. 16-1146 Com May 24 Report of Sale-58 Clarence(Univ)(Strat Plan) APP LEGISLATION 1800- 16. 16-1631 No July 5 G. Smith-Agent, Use 2412 Seneca St to Erect a Monument Sign on Private Property (South)(hrg 7/12) APP 1801- 17. 16-1632 No July 5 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) APP 1802- 18. 16-1633 No July 5 M. Romanowski, Agent, Use 2058 Delaware to Operate a Gas Station and Convenience Store in the Pan-American Special District(North)(hrg 7/12) APP 1803- 19. 16-1634 No July 5 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) RECOMMIT 1804- 20. 16-1635 No July 5 A. Hamideh, Owner, Use 1146 Hertel for Use of a Restaurant in the Hertel Ave Special Zoning District(Del)(hrg 7/12) APP 1805- 21. 16-1636 No July 5 M. Modrzynski, Owner, Use 858 West to Erect a 28 Space Parking Lot in an R2 Zoning District(Nia)(Hrg 7/12) RECOMMIT 1806- 22. 16-1474 Com June 21 Food Store License(New)-294 Vermont(Nia)(EDPI) APP 1807- 23. 16-1475 Com June 21Lodging House License-340 Elmwood(Nia)(EDPI) APP 1808- 24. 16-1497 No June 21 A. Baney-Buffalo Medical Cannabis Act R&F 1809- 25. 16-1498 No June 21 N. Petrotto-Buffalo Cannabis Act R&F 1810- 26. 16-1510 No June 21 J. See, Agent, Rezone 502 Elmwood from a R2 to a EB for a Restaurant Bar & Outdoor Patio(Nia)(hrg 6/28) APP 1811- 27. 16-1215 No May 24 R. Barnett-Response RE: Solar Panel Systems CCP 4/26/16 #1010 R&F 1812- 28. 16-1216 No May 24 R. Barnett-Response RE: Proper Fire Setback Code Pertaining to Rooftop Solar Systems R&F 1813- 29. 16-877 No Apr 12 Property Management License MOLIO LLC (EDPI)(#16-592, 3/15) RECOMMIT 1814- 30. 16-879 No Apr 12 Property Management License TPM of WNY LLC (EDPI) (#16-457,3/1)(#16-640,3/15) APP 1815- 31. 16-726 Com Mar 29 Food Store License(New)-1054 Broadway(Fill)(EDPI) R&F 1816- 32. 16-531 Res Mar 1 Establish City-Wide Conditions for Food Stores & Increase Fine Schedule(exc res)(Scanlon) R&F 1817- 33. 16-90 Com Jan 19 Food Store(New) 243 Walden Ave(Fill)(EDPI) R&F 1818- 34. 16-15 Com Jan 5 Food Store License(New)-1358 Broadway(Fill)(EDPI) R&F 1819- 35. 15-1174 No June 9 S. Hafeez-Concerns Parking on Sweet Avenue R&F 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 1652- 15. 11-84 Res Nov 29 Request for Town Gardens, LLC Investigation 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 19, 2016 AT 2:00 P.M. Present – Darius G. Pridgen, Council President, and Councilmembers: Feroleto, Fontana, Franczyk, Golombek Jr., Rivera, Scanlon, - Wingo Sr., Wyatt – 0 Absent – 0 On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the minutes of the stated meeting held on July 5, 2016 were approved NO. 1691 FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Roy Martin By Councilmember All Councilmembers In Memoriam for William Sylvester Fling By Councilmember Wyatt In Memoriam for All Service Men & Women Who Gave their Life for the Safety and freedom of Others And all those who recently lost their lives By Councilmember Pridgen In Memoriam for Kyle Shoemaker, Robert Wright By Councilmember Golombek In Memoriam for Benjamin Patrick Llyne By Councilmember Scanlon ADOPTED FROM THE MAYOR NO. 1692 REQUEST TO EXEMPT THE ZOOLOGICAL SOCIETY OF BUFFALO, INC. FROM THE LIVING WAGE ORDINANCE FOR SEASON AND PART-TIME EMPLOYEES (MAYOR) As Mayor of the City of Buffalo, I hereby request that the Common Council grant a partial exemption from the requirements of the Living Wage Ordinance to the Zoological Society of Buffalo Inc(“Zoological Society”) concerning seasonal and part-time employees of the Buffalo Zoo. Under 96 -19(H)(1)(c) of the City of Buffalo Charter, exemptions from the living wage Ordinance may be granted at the Mayor’s request for ( c) not for profit organizations which perform services for the City or its Departments. Under 96 19(H)(2)(a) of the City of Buffalo Charter, requests for exemptions are to include the nature of the contract to which this section applies, as well as the name of the contract, the statutory authority for this granting of the contract and a copy of that authority Here, the Zoological Society meets the requirements of 96-19(H)(1)© as a 501©(3) not-for-profit organization providing operating services of the Buffalo Zoo on behalf of the City of Buffalo and has done so since 1973. The nature of the contract between the Zoological Society and the City of Buffalo is for operation, maintenance and management of the Buffalo Zoo, located on City-owned property. The name of the contract between the Zoological Society and the City of Buffalo is Renewal/ Extension of Management Agreement between Zoological Society of Buffalo, Inc. and City of Buffalo ("Agreement"). This contract was executed by the Mayor pursuant to authority granted by the Common Council of the City of Buffalo by motion of Mr. Golombek, which passed as amended on December 9, 2008. A copy of the approval of authority is attached hereto and this information fulfills requirements for this request under § 96-19(H)(2)(a). Accordingly, pursuant to § 96-19(H)(1)(e) of the City of Buffalo Charter, I hereby request the grant of a partial Living Wage Ordinance exemption to the Zoological Society concerning all Buffalo Zoo seasonal and part-time employees. Mr. Rivera moved: That the above item be, and the above communication from the Office of the Mayor, dated July 12, 2016, be received and filed; That, pursuant to §97-19(h)(1)(c) of the City of Buffalo Charter, the Common Council hereby authorizes the Mayor to grant a partial exemption from the requirements of the Living Wage Ordinance to the Zoological Society of Buffalo for season and part-time employees, upon the condition that part-time workers be defined as those employees who do not work more than eight percent (80%) of the work week, and that season workers be defined as those employees who work four (4) consecutive months or less per calendar year. PASSED AYES - 9 NOES -0- NO. 1693 APPOINT DIGITAL COMMUNICATIONS OFFICER(EXEMPT)(HOUSTON) Appointment effective 07/11/2016 in the Department of Executive, Division of Intergovernmental Relations to the Position of Digital Communications Officer, Exempt at the Flat Salary of $48,052 Chad W. Houston, 16 Woodley Road, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1694 APPOINT DIRECTOR OF GOVERNMENT RELATIONS & SPECIAL PROJECTS(EXEMPT)(SMITH) Appointment effective July 1, 2016 in the Department of Executive, Division of Mayor to the Position of Director of Government Relations & Special Projects, Exempt at the flat salary of $88,238 Jessica M. Smith, 480 Woodward, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1695 APPOINT PRESS INFORMATION OFFICER(EXEMPT)(YOUNG) Appointment effective July 1, 2016 in the Department of Executive, Division of Intergovernmental Relations to the Position of Press Information Officer, Exempt at the Flat Salary of $43,540 Colleen A. Young, 140 Linwood Ave Apt D5, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1696 APPOINT GRAPHIC ARTIST(EXEMPT)(HARRIS) Appointment effective July 18, 2016 in the Department of Executive, Division of Intergovernmental Relations to the Position of Graphic Artist, Exempt at the Flat Salary of $50,000.00 Erin Harris, 315 Hudson St, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1697 CITIZEN COMPLAINTS FOR TRAFFIC VIOLATIONS Dear Honorable Body, The City of Buffalo's 311 Call and Center (311) has received your request to provide the Common Council with all resident complaints to the Buffalo Police regarding traffic violations on residential streets. Please find the attached report that lists all relevant complaints from May 1, 2016 to the present. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1698 SUBMISSION OF MONTHLY REPORT FOR MAY 2016 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for May 2016, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED NO. 1699 SUBMISSION OF MONTHLY REPORT FOR JUNE 2016 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for June 2016, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 1700 SEQRA-NON SIGNIFICANCE NEGATIVE DECLARATION-502 ELMWOOD This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review} of the Environmental Conservation Law. Lead Agency City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo. NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Lloyd Taco Factory Location: 502 Elmwood Avenue, Buffalo, NY Type of Action: Type 1, Coordinated Description: The Action involves the operation of a restaurant and the expansion of an existing one story 2,846 square foot commercial building located at 502 Elmwood Avenue which will include a 783 square foot interior addition (flip room/prep area and patio bar building addition) and a 1,245 square foot outdoor patio addition. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The new restaurant in an existing structure and the small addition to the existing building will not pose any significant threat or impacts to the surrounding environment. The project will not have a significant impact on air quality although the use will include heating and cooling units. This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this project, however the increase is minor as the site is mainly built out. The project will not have a substantial adverse change in existing traffic levels. The project is located in a commercial area and is accessible to existing public transportation routes. The project will not have a substantial adverse change in noise levels. The surrounding areas are primarily commercial and industrial purposes. The use of this site as commercial will not have-a substantial increase in noise levels. The use of the site for a restaurant will not substantially increase solid waste generation. There will be no increase in potential for erosion, flooding, leaching, or drainage problems, the project will not increase impervious surfaces and is not adjacent to a waterbody or floodplain. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The construction of the new addition to the existing structure and the use as a restaurant in the overall building will not create material conflict with Community's current plan or goals as officially adopted. These actions are specifically supported by Community plans. The project will not impair character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. No adverse impact is anticipated. Additionally, SHPO provided a letter determine no adverse impacts were anticipated The project will not have a major change in the quantity or type of energy used. There will be a minor increase from the current use of vacant land, however, these impacts Would not be significant. The project will not create a hazard to human health. Remediation work at the project site is ongoing under the NYSDEC's brownfield Cleanup Program and will adhere to required remediation standards. No environmental hazards will be introduced from the new commercial use. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, neither of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851-5029. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1701 SEQRA- NON SIGNIFICANCE NEGATIVE DECLARATION-200 NIAGARA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo. NY 14202 As per the provision of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Waterfront Apartments Phase II Location: 200 Niagara Street, Buffalo, NY Type of Action: Coordinated - Unlisted Description: The Action involves the demolition of 16 residential structures and the construction of 20 new residential structures that will consist of 172 residential units (48 one bedroom and 48 two bedroom apartments in two low rise buildings, and 59 two bedroom and 17 tn three bedroom townhouses). The site will have 38% pervious surface. The site will have access to Niagara and 7Streets via the th extension of Georgia Street (from Niagara Street to 7Street) and from an approved driveway to Niagara Street as part of Phase I of the project. The overall site will have 236 parking spaces. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment, No further environmental review will be conducted prior to implementation of the action and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action .were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The new residential buildings will not have any significant adverse environmental impacts. The project will not have a significant impact on air quality although the use will include heating and cooling units, This is not a significant impact and would not require an air permit. There will be a small increase in the amount of impervious surfaces associated with this expansion, however the increase is minor and approximately 38% of the site will remain previous. The project will not have a substantial adverse change in existing traffic levels. The project is located in a developed urban area and is not likely to significantly increase traffic. The project site is also served by public transportation. The project will not have a substantial adverse change in noise levels. The residential buildings are similar to the existing character of the area which is located on a mixed-use street. The project will not have a substantial increase in solid waste production. The use of the site as residential will not significantly increase waste. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project is consistent with the community's current plans and goals, including the development of residential space in the project area. No adverse impact is anticipated. The project will not impact the character and quality of a historic resource and is consistent with the existing community and neighborhood character. No adverse impact is anticipated. The project will not result in a major change in the quantity or type of energy used. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, AICP, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716) 851-5029 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 1702 ANNUAL ACTION PLAN AMENDMENTS Attached for your Honorable Body's consideration is an amendment for prior and current year Annual Action Plans. The Amendment includes projects/services that are already within the City's Annual Action Plan and adjusts budget lines in the current and prior Annual Action Plans to support those commitments. In summary, there are CHDO projects that are currently underway with Matt Urban and Black Rock Riverside NHS that need additional funds in order to bring them to successful completion. This amendment will move those stalled homebuyer/homeowner rehabilitation projects forward at 21 S. Ryan, 928 & 933 Fillmore, and 245 Dearborn streets. In addition, this amendment includes a proposal to replenish CDBG program delivery line and cover administration costs that were incurred due to HOME expenses and auditing costs. Furthermore, there is a project proposed in order to provide a HVAC unit needed at West Side Community Center, which is an identified "cooling center" for the City of Buffalo. Lastly, there is a minor amendment to update the description of the fund usage for substantial rehabilitation for rental rehabilitations or new construction of multi-family, or homebuyer housing. m, There will be a public hearing held on July 262016 at 6:00pro in conference room 901 to open up this item to the community for th, comments and answer any questions they may have. The public 30 day comment period will expire on August 262016. I respectively request that your Honorable Body: (1) Approve the attached amendment for the Annual Action Plan and prior years; (2)Authorize the Mayor, or his designee to execute the amendments and related documentation required or useful in facilitating the city's receipt and utilization of the subject funding, consistent with the rules and regulations governing the CDBG and HOME programs. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1703 APPROVE LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO AND UH LOFTS LLC FOR THE DEVELOPMENT OF A CITY-OWNED APPROXIMATELY 2.1 ACRE PARCEL AT 91 LISBON, (COMMONLY KNOWN AS FORMER SCHOOL NO. 63, SBL NO. 79.71-2-1) AS PART OF A RESIDENTIAL COMMUNITY (THE "PROPERTY") UNIVERSITY DISTRICT ITEM NO. 1691, C.C.P. 9/2/14 AND ITEM NO. 58, C.C.P.1/20/13 th Your Honorable Body on January 202015 designated CB Emmanuel Realty LLC and Barnes Real Estate Group (or entity formed by CB Emmanuel Realty LLC and Barnes Real Estate Group) as developer in connection with the above referenced City owned Property. The Developer has requested since that the name on a deed will be UH LOFTS LLC, a New York State limited liability company (and/or entity to be formed by UH LOFTS LLC and approved by the City of Buffalo Office of Strategic Planning), (hereinafter referred to as the nd, "Developer"). The proposed transaction has evolved since September 22012 in the following significant ways: 1. The proposed development is now planned to be a conversion into forty-four (44) residential units, comprised of one (1) and two (2) bedroom units for veterans, and moderate and low-income individuals/families. 2. 38 of the 44 units shall be rented to households at 60% or less of AMI; 3 of these 38 units shall be further restricted to households at 50% or less of AMI and 6 of the 44 units shall be rented to households at 90% or less of AMI. 3. The proposed development will no longer include 3 bedroom units and will not include a community and/or commercial space for lease on the ground floor. 4. The Developer has pre-closing access rights to the Property for the purpose of ground maintenance. 5. The City has agreed to sell and the Developer has agreed to purchase the said Property. The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ("LDA"). Developer intends to develop the sale Property into a residential community comprised of several different apartment. The overall project is located on a vacant property formerly used as a school. The total Project cost is estimated at $16,511,572. The Project is expected to be financed through several ways: •The New York State Housing Finance Agency issuance and sale of Agency tax-exempt bonds in an aggregate principal in the amount of $1,076,500 • The Buffalo Urban Renewal Agency (BURA) in the amount of $1,200,000 • Federal Low Income Tax Credits ("FLIHTC") in the amount of $428,114 • Empire State Development (ESD) in the amount of $2,000.000 • Federal Historic Tax Credits ("FHTC") in the amount of $2,886,823 • State Historic Tax Credits ("SHTC") in the amount of $2,886,823 • New York State Low Income Housing Tax Credits ("SLIHC") in the amount of $424,404 • And then the Developer is expected to obtain long-term financing through the private market, through an insurance company or other lender. The Developer commissioned David M. Carlon, Senior Appraiser and M. Scott Allen, Review Appraiser of GAR Associates, who has estimated the fair market value of the subject Property to be One Hundred Fifty Six Thousand Dollars ($156,000). The appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the Appraiser's estimate of value of One Hundred Fifty Six Thousand Dollars ($156,000). I am recommending and respectfully requesting that Your Honorable Body: 1. Approve the attached proposed Land Disposition Agreement (LDA) between the City of Buffalo and UH LOFTS LLC (and/or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) with a sale price in the amount of One Hundred Fifty Six Thousand Dollars ($156,000); 2. Authorize the Mayor to execute the LDA (and all related closing documents including but not limited to the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's office; 3. Authorize 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, agreements and/or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA, as are determined to be appropriate by the Corporation Counsel; 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 12, 2016, be received and filed; and That the Common Council hereby approves the Land Disposition Agreement ("LDA") between the City of Buffalo and UH Lofts LLC, a New York State Limited Liability Company (the "Developer" as designated by CD Emmanuel Realty LLC and Barnes Real Estate Group) (and/or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) in the amount of One Hundred Fifty-Six Thousand Dollars ($156,000.00) to develop the property located at 91 Lisbon (commonly known as former School No. 63), as follows: 1. The proposed development is now planned to be a conversion into forty-four (44) residential units, comprised of one (1) and two (2) bedroom units for veterans, and moderate and low-income individuals/families. 2. Thirty-eight (38) of the 44 units shall be rented to households at 60% or less of AMI; 3 of these 38 units shall be further restricted to households at 50% or less of AMI and 6 of the 44 units shall be rented to households at 90% or less of AMI. 3. The proposed development will no longer include 3 bedroom units and will not include a community and/or commercial space for lease on the ground floor. 4. The Developer has pre-closing access rights to the property for the purpose of ground maintenance. 5. The City has agreed to sell and the Developer has agreed to purchase the said property. The Developer has agreed to develop the property in accordance with the provisions of the Land Disposition Agreement ("LDA")Mayor to execute the LDA (and all related closing documents including, but not limited to the deed) to be negotiated to finalization where appropriate by the Corporation Counsel's Office; 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, agreements and/or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA, as are determined appropriate by the Corporation Counsel; and that the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for the execution and actual implementation of the above tasks and objectives. PASSED AYES - 9 NOES - 0 NO. 1704 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 Seafood, Meats & Poultry - two year lease Everything Very African & More EZ Casual - two year lease Grape Country Soaps - month to month Hands on Watch Repair - month to month lease Lewiston Jellies - two year lease Potts Deli - two year lease Simpson & Associates - two year lease TcMcCann of Handmade Jewelry New Vendors: FreshFix - Assembly of FreshFix boxes containing fresh fruit & vegetables for CSAs (Community Supported Agriculture shares) 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 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 Mr. Rivera moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 14, 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 Seafood, Meats & Poultry - two year lease • Everything Very African & More • E-Z Casual - two year lease • Grape Country Soaps - month to month lease • Hands on Watch Repair - month to month lease • Lewiston Jellies - two year lease • Ports Deli - two year lease • Simpson & Associates - two year lease • TcMcCan6 of Handmade Jewelry • FreshFix - assembly of FreshFix boxes containing fresh fruit and vegetables for Community Support Agricultures shares. 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 these leases and any other related documents; and that the Common Council hereby authorizes the Mayor and other pertinent City personnel to take all 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 businesses in the City of Buffalo. PASSED AYES - 9 NOES - 0 NO. 1705 LOFTS AT UNIVERSITY HEIGHTS PILOT PROJECT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie and CB-Emmanuel Realty and the Barnes Real Estate Group• CB-Emmanuel Realty and the Barnes Real Estate Group propose the rehabilitation and adaptive reuse of the vacant and National Register-eligible former School #63, creating 44 mixed-income workforce rental apartments. The building is located at 91 Lisbon Avenue within the University Heights District of the City of Buffalo, approximately 0.3 miles from the NFTA Metro Rail LaSalle Station, approximately 0.8 miles from the VA Medical Center, walking distance to the University of Buffalo South Campus, and close to services and amenities• County PILOT A requires at least 60% of the units be affordable to persons earning no greater than 60% of the area median income adjusted for family size. The Lofts at University Heights provides 84.4% of its units to persons earning no greater than 60% AMI. The total development cost is projected to be $16,5 million. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of Five percent (5%) of the total income of proposed budget, assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15-year Pilot. Mr. Rivera moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 14, 2016, be received and filed; That the Common Council hereby approves a PILOT Agreement between the City of Buffalo, the County of Erie, and CB-Emmanuel Realty and the Barnes Real Estate Group. CB-Emmanuel Realty and the Barnes Real Estate Group propose the rehabilitation and adaptive reuse of the vacant and National Register-eligible former School No. 63, located at 91 Lisbon Avenue, creating forty-four (44) mixed-income workforce rental apartments. The County PILOT A requires at least 60% of the units be affordable to persons earning no greater than 60% of the area median income adjusted for family size. The Lofts at University Heights provides 84.4% of its units to persons earning no greater than 60% AMI. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of five percent (5%) of the total income of proposed budget, assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15-year PILOT. PASSED AYES - 9 NOES - 0 NO. 1706 REPORT OF SALE 14 BARTHEL-VACANT LOT 99.30 N WALDEN LOT SIZE: 30' X 105' ASSESSED VALUE: $1,400.00 FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Joseph Thomas Sr. of 16 Barthel Street Buffalo, NY 14211 to purchase 14 Barthel Street. Mr. Thomas would like to purchase the lot for added yard space for his adjacent, owner occupied property located at 16 Barthel Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Three Cents ($.43) to One Dollar and Fifteen Cents ($1:15) per square foot. Mr. Thomas has agreed and is prepared to pay Sixty Three Cents ($.63) per square foot for the parcel for a total of Two Thousand Dollars ($2,000.00) 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 14 Barthel Street for the amount of Two Thousand Dollars ($2,000.00) to Mr. Joseph Thomas Sr.. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Mr. Joseph Thomas, St. of 16 Barthel Street, Buffalo, New York 14211 in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 14 Barthel Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 1707 REPORT OF SALE 828 GLENWOOD- VACANT LOT 497.47 W KEHR LOT SIZE: 30' X 113' ASSESSED VALUE: $1,000.00 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Willie and Tresie Coggins of 826 Glenwood Ave. Buffalo, NY 14211 to purchase 828 Glenwood Ave. Mr. and Mrs. Coggins would like to purchase the lot for added yard space for their adjacent property located at 826 Glenwood Ave. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Eighty Cents ($.80) per square foot. / Mr. and Mrs. Coggins have agreed and are prepared to pay Forty Seven Cents ($.47) per square foot for the parcel for a total of One Thousand Six Hundred Dollars ($1,600.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. Mr. and Mrs. Coggins further agree to a no curb cut deed restriction. I am recommending that Your Honorable Body approve the sale of 828 Glenwood Avenue for the amount of One Thousand Six Hundred Dollars ($1,600.00) to Mr. Willie Coggins and Mrs. Tresie Coggins. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Willie and Tresie Coggins of 826 Glenwood Ave., Buffalo, New York 14211 in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 828 Glenwood Ave. be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9 NOES-0 NO. 1708 REPORT OF SALE 412 GOODYEAR-VACANT LOT 450. N MCKIBBEN LOT SIZE: 30'X 110' ASSESSED VALUE: $1,400.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Nazrul Chowdhury of 416 Goodyear Ave. Buffalo, NY 14211 to purchase 412 Goodyear Ave. Mr. Chowdhury would like to purchase the lot for added yard space for his adjacent, owner occupied property located at 416 Goodyear Ave. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar and Fifteen Cents ($1.15) per square foot. Mr. Chowdhury has agreed and is prepared to pay Eighty Cents ($.80) per square foot for the parcel for a total of Two Thousand Six Hundred Dollars ($2,600.00) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. Mr. Chowdhury further agrees to a no curb cut deed restriction. I am recommending that Your Honorable Body approve the sale of 412 Goodyear Avenue for the amount of Two Thousand Six Hundred Dollars ($2,600.00) to Mr. Nazrul 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. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Reai Estate, dated July 14, 2016, be received and filed; That the offer from Nazrul Chowdhury of 416 Goodyear Ave., Buffalo, New York 14211 in the amount of Two Thousand Six Hundred Dollars ($2,600.00) for the purchase of 412 Goodyear be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 1709 REPORT OF SALE 113 RUHLAND- VACANT LOT 155.37 N SYCAMORE LOT SIZE: 30' X 109' ASSESSED VALUE: $24,000.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Amy Betros and Norman Paolini on behalf of Madonna of the Streets Inc. of 325 Walden Avenue Buffalo, NY 14211 to purchase 113 Ruhland Street. Madonna of the Streets, Inc. would like to purchase and demolish this vacant structure and include it as part of adjacent redevelopment project that is currently underway and fully funded. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of the property. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar and Fifteen Cents ($1.15) per square foot. Madonna of the Streets, Inc. have agreed and are prepared to pay Ninety One Cents ($.91) per square foot for the parcel for a total of Three Thousand Dollars ($3,000.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 113 Ruhland Street for the amount of Three Thousand Dollars ($3,000.00) to Madonna of the Streets, Inc. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; \\L9 That the offer from Amy Betros and Norman Paolini, on behalf of Madonna of the Streets Inc., of 325 Walden Avenue, Buffalo, New York 14211 in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 113 Ruhland be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 1710 REAL ESTATE REPORT OF SALE 1205 WEST AVENUE- VACANT LOT 333. N DELAVAN LOT SIZE: 30' X 103' ASSESSED VALUE: $4,000 (NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Paw-Theinga Win and Mya Win of 1203 West Avenue Buffalo, NY 14213 to purchase 1205 West Avenue. Mr. and Mrs. Win would like to purchase the lot for added yard space for their adjacent property located at 1203 West Avenue. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Ninety-Seven Cents ($.97) to Two Dollars and Thirty-Two Cents ($2.32) per square foot. Mr. and Mrs. Win have agreed and are prepared to pay One Dollar and Thirty-Nine Cents ($1.39) per square foot for the parcel for a total of Four Thousand Three Hundred Dollars ($4,300.00) for the above referenced property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1205 West Avenue for the amount of Four Thousand Three Hundred Dollars ($4,300.00) to Mr. Paw-Theinga Win and Mrs. Mya Win. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Rivera moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated July 14, 2016, be received and filed; That the offer from Paw-Theigna Win and Mya Win of 1203 West Avenue, Buffalo, New York 14213 in the amount of Four Thousand Three Hundred Dollars ($4,300.00) for the purchase of 1205 West Avenue be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 1711 TRANSFER JURISDICTION 170 AND 172 GERMANIA(SOUTH) The Office of Strategic Planning, Division of Real Estate, has received a request from the Department of Public Works to transfer jurisdiction of 170 and 172 Germania as the site for a new fire house to replace Engine 25 on Seneca and Southside. Engine 25 is in need of deferred maintenance costs that exceed 61% of the replacement of a new building and the condition of the building is jeopardizing the operations of the fire house. The site is an ideal location for the Buffalo Fire Department to provide coverage to the South District residences and much needed coverage for the Outer Harbor. The Office of Strategic Planning, Division of Real Estate, is recommending that Your Honorable Body authorize the transfer of jurisdiction of 170 and 172 Germania to the Department of Public Works to build a new fire house. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1712 NOTIFICATION SERIAL # 10962 INSTALL ALTERNATE PARKING - TYPE II FOREST AVENUE BETWEEN GRANT STREET AND RICHMOND AVENUE (EXCEPT EXISTING NO PARKING AND NO STANDING AREAS) ( NORTH AND NIAGARA DISTRICTS) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 13 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Forest Avenue, south side 9:00 AM TO 4:00 PM between Grant Street Thursday, Friday and Richmond Avenue November 15 – April 1 Forest Avenue, north side 9:00 am to 4:00 pm between Grant Street Monday, Tuesday, Wednesday and Richmond Avenue November 15 – April 1 NOTIFICATION SERIAI# 10970 METERED PARKING - REPEAL ON HERTEL AVENUE, NORTH SIDE BETWEEN VIRGIL AVENUE AND WALLACE AVENUE ( DELAWARE DISTRICT) METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Hertel Ave North side ` 2 Hour Maximum Rate C Between Virgil Ave 8 am to 5pm $1.00 per hour and Wallace Ave Monday -Saturday (except No Standing and No Parking Area NOTIFICATION SERIAL #10971 INSTALL METERED PARKING ON HERTEL AVENUE, NORTH SIDE BETWEEN VIRGIL AVENUE AND WALLACE AVENUE (EXCEPT NO STANDING ANDNO PARKING AREAS) ( DELAWARE DISTRICT) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo; the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days at'~er the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Hertel Avenue, north side 2 Hour Maximum Rate C between Virgil Avenue 8 am to 9 pm $1.00 per hour and Wallace Avenue Monday to Saturday (except No Standing and No Parking areas) NOTIFICATION SERIAL # 10972 METERED PARKING - REPEAL ON HERTEL AVENUE, SOUTH SIDE BETWEEN FAIRCHILD PLACE AND STARIN AVENUE ( DELAWARE DISTRICT) METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days afl:er the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Hertel Avenue South Side 2 Hour Maximum Rate C between Fairchild Place 8 am to 5pm $1.00 per hour and Starin Ave Monday – Saturday NOTIFICATION SERIAL # 10973 INSTALL METERED PARKING ON HERTEL AVENUE, SOUTH SIDE BETWEEN FAIRCHILD PLACE AND STARIN AVENUE (EXCEPT NO STANDING AND NO PARKING AREAS) ( DELAWARE DISTRICT) METERED PARKING - In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Hertel Avenue, south side 2 Hour Maximum Rate C between Fairchild Place 8 am to 9 pm $1.00 per hour and Starin Avenue Monday - Saturday (except No Standing and No Parking areas) RECEIVED AND FILED/ WAIVE 45 DAYS NO. 1713 ENCROACHMENT WITHIN CITY RIGHT-OF WAY - 483 DELAWARE AVENUE (FILL)(DPW) Mr. Mark Jaworski and Sean Toohey, owners of Rowhouse Bakery and Restaurant, located at 483 Delaware Avenue, have requested permission to encroach city right of way with an awning at said address. The awning would cover the existing steps and walkway leading to the public sidewalk but would not extend into the sidewalk itself. Support posts would be installed within city right of way. The Department of Public Works, Parks, and Streets has reviewed this request pursuant to Chapter 413-56 (Awnings, Canopies, and Marquees) and recommends that Your Honorable Body refer this item to the Planning Board and Preservation Board for the necessary review and approval. If approved by both and Your Honorable Body the Commissioner will issue a revocable license for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the awning be installed exactly as shown on plans submitted and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the awnings as long as it remains within City right of way. 4. That the applicant pay the yearly license fee of $100.00 as described in Chapter 413-56 (H) of the City Charter. 5. That the applicant enter into a revocable license agreement and supply the Department of Public Works, Parks & Streets with a construction in street bond and/or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said awning. The revocable license shall be approved as to form by Corporation Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2016, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413, Section 56 (Awning, Canopies and Marquees) of the City Charter, to issue a "Revocable License" to Mr. Mark Jaworski and Scan Toohey, owners of Rowhouse Bakery and Restaurant, located at 483 Delaware Avenue, to encroach City right-of-way with an awning at said address, upon the following conditions: 1. That the applicant obtain any and all City of Buffalo permits necessary; 2. That the awning be installed exactly as shown on plans submitted and approved by the Department of Permits & Inspection Services; 3. That the applicant be responsible for maintenance of the awnings as long as it remains within the City right-of-way; 4. That the applicant pay the yearly license fee of $100.00 as described in Chapter 413-56(H) of the City Charter; and 5. That the applicant enter into a revocable license agreement and supply the Department of Public Works, Parks and Streets with a construction in street bond and/or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance use and removal of said awning. The revocable license shall be approved as to form by the Corporation Counsel. PASSED AYES - 9 NOES – 0 NO. 1714 CHANGE IN CONTRACT CITY WIDE MILL & OVERLAY2015 GROUP 820 #929 OF 5/12/15 I hereby submit to Your Honorable Body the following change for City Wide Mill & Overlay 2015 Group 820, Contract 93001559. This change is to include Alternate #3, Pearl Street (Tupper to Upper Terrace). I respectfully request the contract award be increased to a not to exceed the amount of $258,986.25. 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 32000006-445100 and/or an account to be named at a later date. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 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 $258,986.25 (Current Authorized Amount $4,894,460.25 + Change Order #1 $258,986.25 for a Revised Contract Amount of $5,152,446.51) for City Wide Mill and Overlay 2015, Group 820, Contract 93001559. Funds for this increase will be available in Account #32000006-445100, and/or an account to be named at a later date. PASSED AYES - 9 NOES - 0 NO. 1715 CHANGE IN CONTRACT - CORRECTION FIRE AND POLICE DEPARTMENTS QUICK ACTION PLANS JOB #1215 VARIOUS DISTRICTS ITEM NO. 432-11, CCP MARCH 1, ,2016 I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C#93000951. 1. Field measurements required to prepare AutoCAD drawings for high Add $17,500.00 risk facilities to be mapped for the BFD Quick Action Plans (QAPs), The QAPs allow the BFD to collect data and map response plans to safely and effectively fight fires at high risk facilities. This project is part of the City's Crisis Management System; a system used for All-Hazard planning, The foregoing changes result in a net increase in the contract of Seventeen Thousand Five Hundred and 00/100 Dollars $17,500.00). Summary Original Contract Amount $545,960.00 Amount of Previous Change Orders $369,109.43 Amount of this Change Order(#3) $17,500.00 Revised Contract Amount $932,563.43 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account No. 25200006 434000 10557 (2014 SHSP Grant),, Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 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 #3 in the amount of $17,500.00 (Original Contract Amount $545,960.00 + Amount of Previous Change Orders $369,103.43 + Change Order #3 $17,500.00 for a Revised Contract Amount of $932,563.43) for the Fire and Police Departments Quick Action Plans, with Cannon Design, C#93000951. Funds for this work will be available in Account #2520006 434000 10577 (2014 SHSP Grant). PASSED AYES - 9 NOES - 0 NO. 1716 CHANGE IN CONTRACT GENESEE STREET GATEWAY WASHINGTON TO ELM CONTRACT # 93001611 - WATTS ARCHITECTURE & ENGINEERING ELLICOTT DISTRICT PRIOR COUNCIL REFERENCE: (IF ANY) \[: Contract Summary: I hereby submit to your Honorable Body the following change for this contract. Watts Architectural & Engineering is the Engineering Consultant for the Genesee Street Gateway Project for the City of Buffalo. This contract provided for the ongoing design, construction administration and construction inspection of the project. The New York State Department of Transportation (NYSDOT) requested that the City of Buffalo incorporate the design, construction and inspection of the NYSDOT planned improvements at the Genesee Street intersections of Oak and Elm Streets. The NYSDOT is currently designing a comprehensive traffic calming project for the Oak/Elm corridors in the City. In order to eliminate duplication of design, construction and inspection services, the NYSDOT offered the City a return of "in-kind" services if the City would perform the NYSDOT work at Oak and Elm within the Genesee Street Project. 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 Public Works, Parks and Streets to issue said increase for $10,412.00. The funds are available in Capital Account #32000006-445100 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 July 13, 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 $10,412.00 (Contract Amount $579,206.00 + Change Order #1 $10,412.00 for a Revised Contract Amount of $589,618.00) for the Genesee Street Gateway Project - Washington to Elm, Contract No. 93001611, with Watts Architecture & Engineering. Funds are available in Capital Account #32000006-445100, and/or an account(s) to be named at a later date. PASSED AYES - 9 NOES – 0 NO. 1717 CHANGE IN CONTRACT GENESEE STREET GATEWAY - WASHINGTON TO ELM CONTRACT # 93001612 - YARUSSI CONSTRUCTION ELLICOTT DISTRICT Contract Summary: Contract Amount $1,502,700.04 +Amount of Change Order $ 49,123.74 Revised Contract Amount $1,551,823.78 I hereby submit to your Honorable Body the following change for this contract. Yarussi Construction is the General Contractor for the Genesee Street Gateway Project for the City of Buffalo. This contract provided for the construction of the project. The New York State Department of Transportation (NYSDOT) requested that the City of Buffalo incorporate the design, construction and inspection of the NYSDOT planned improvements at the Genesee Street intersections of Oak and Elm Streets. The NYSDOT is currently designing a comprehensive traffic calming project for the Oak/Elm corridors in the City. In order to eliminate duplication of design, construction and inspection services, the NYSDOT offered the City a return of "in-kind" services if the City would perform the NYSDOT work at Oak and Elm within the Genesee Street Project. 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 Public Works, Parks and Streets to issue said increase for $49,123.74. The funds are available in Capital Account #32000006-445100 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 July 13, 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 $49,123.74 (Contract Amount $1,502,700.04 + Change Order #1 $49,123.74 for a Revised Contract Amount of $1,551,823.78) for the Genesee Street Gateway Project - Washington to Elm, Contract No. 93001612, with Yarussi Construction. Funds are available in Capital Account #32000006: 445100, and/or an account(s) to be named at a later date. PASSED AYES- 9NOES 0 NO. 1718 CHANGE IN CONTRACT POLICE A DISTRICT PARKING LOT RECONSTRUCTION JOB #1509 SOUTH DISTRICT #1462 OF 7/21/15 I hereby submit to Your Honorable Body the following change for Police A District Parking Lot Reconstruction, Louis Del Prince & Sons Inc., Contract #93001673. 1) Remove a concrete pad with foundations Add $11,063.00 2) Undercut, remove unacceptable material, and Add $12,122.15 provide additional gravel to areas with soft spots Summary Previous Contract Amount $217,661.40 Amount of this Change Order $3,397.75 Total Approved Amount to date $221,059.15 The foregoing change results in a net increase in the contract of Twenty Three Thousand One Hundred Eighty Five Dollars and 15/100 ($23,185.15). 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 Account #33221006-445100. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 5, 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 $3,397.75 (Previous Amount Approved $217,661.40 + Change Order #1 $3,397.15 for a Total Approved Amount to date of $221,059.15) for the Police A District Parking Lot Reconstruction, Job #1509, with Louis Del Prince & Sons Inc., Contract #93001673. Funds are available in Capital Account #33221006-445100. PASSED AYES - 9 NOES - 0 NO. 1719 PERMISSION TO ENTER INTO AGREEMENTS WITH CSX TRANSPORTATION INC. TO FACILITATE COORDINATION OF WORK RELATED TO CARS ON MAIN STREET- LOWER MAIN PROJECT EXCHANGE TO PERRY STS. ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE NO 75 OF JANUARY 19, 2016 The Federal Highway Administration (FHWA) has designated $18.00M for the design, administration, inspection and construction of the Cars on Main Street - Lower Main Project. The Federal funding for this project was obtained through the "TIGER" (Transportation Investment Generating Economic Recovery) Discretionary Grants Program. The project has been listed on the New York State Regional Transportation Improvement Program (TIP) with PIN #5761.21. The City will be matching the TIGER grant with $4.5M of DASNY funds that have been allocated to the City. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and/or this Department to enter into all necessary agreements with the CSX Transportation Inc. This agreement would enable the City and this Department to administer this project as is relates to coordination with CSX Transportation Inc. It will also cover all necessary work needed to complete the design, administration, inspection and construction of this project. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 11, 2016, be received and filed; and That the Common Council hereby authorizes the Mayor and/or the Department of Public Works, Parks and Streets to enter into all necessary agreements with CSX Transportation, Inc. to facilitate coordination of work related to Cars on Main Street, Lower Main Project - Exchange Street to Perry Street. This agreement would enable the City and the Department of Public Works, Parks and Streets to administer this project as it relates to coordination with CSX Transportation, Inc. It will also cover all necessary work needed to complete the design, administration, inspection and construction of this project. Federal funding for this project was obtained through the "TIGER" (Transportation Investment Generating Economic Recovery) Discretionary Grants Program. The City will be mating the TIGER grant with $4.5 million of DASNY funds that have been allocated to the City. The agreement will be subject to approval as to form by the Corporation Counsel. PASSED AYES - 9 NOES - 0 NO. 1720 PERMISSION FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY 204 FRANKLIN STREET ENCLOSED OUTDOOR PATIO ELLICOTT DISTRICT Mr. Mark Croce, President of The Curtiss Hotel, has requested permission to install an Enclosed Outdoor Patio over the Huron Street sidewalk abutting 204 Franklin Street. The Enclosed Outdoor Patio was conditionally recommended for approved by the Planning Board at its meeting on June 27, 2016. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets (DPW) to issue a "Revocable License", subject to approval as-to-form by Corporation Counsel, for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits as necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Departments of Permit & Inspection Services (DPIS) and DPW. 3. That the applicant agree to relocate the curb to narrow the roadway to 30' wide as further directed by the DPW at its sole expense prior to the installation of the Enclosed Outdoor Patio. The roadway narrowing will add sidewalk space on the north side of the road to provide the minimum 8' sidewalk space as specified by Chapter 413-67 of the City Charter. The sidewalk space will further be regraded so that the space that is used by pedestrians is ADA compliant. 4. That the applicant provides the DPW with a certification of a New York State Licensed Professional Engineer that the vault structure beneath the proposed Enclosed Outdoor Patio has sufficient capacity to support the Enclosed Outdoor Patio and such other live loads as specified by the DPW. 5. The owner/operator of 204 Franklin Street shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay for the cost of balcony removal), unlimited indemnification by owner/operator in favor of City (and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 204 Franklin Street. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to run with the land know as 204 Franklin Street. 6. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecfing the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachments as described in Chapter 413-67(13) of the City Charter. The cost of removal shall be borne by the applicant. 7. That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which wiI1 indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachments. 8. That the applicant pay an annual license fee as determined by the Division of Real Estate. 9. That the application agree to comply with all requirements for encroachment as specified in Chapter 413-67 of the City Charter Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413, Section 67 (Encroachment Regulations) of the City Charter, to issue a "Revocable License" to Mr. Mark Croce, President of The Curtiss Hotel, to install an enclosed outdoor patio over the Huron Street sidewalk abutting 204 Franklin Street, upon the following conditions: 1. That the applicant obtains any and all City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permits & Inspection Services and the Department of Public Works, Parks and Streets. 3. That the applicant agrees to relocate the curb to narrow the roadway to 30' wide was further directed by the Department of Public Works, Parks and Streets at its sole expense prior to the installation of the enclosed outdoor patio. The roadway narrowing will add sidewalk space on the north side of the road to provide the minimum 8' sidewalk space as specified by Chapter 413-67 of the City Charter. The sidewalk space will further be regarded to that the space that is used by pedestrians is ADA compliant. 4. That the applicant provides the Department of Public Works, Parks and Streets with a certification of a New York State Licensed Professional Engineer that the vault structure beneath the proposed enclosed outdoor patio has sufficient capacity to support the enclosed outdoor patio and such other live loads as specified by the Department of Public Works, Parks and Streets. 5. The owner/operator of 204 Franklin Street shall have all obligations of construction, maintenance, repair, responsible operation (and ultimately pay for the cost of balcony removal), unlimited indemnification by owner/operator in favor of the City (and the Buffalo Sewer Authority) and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 204 Franklin Street. The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in such form as shall cause the owner/operator obligations to nm with the land known as 204 Franklin Street. 6. That, in the even the Commissioner of the Department of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachments as described in Chapter 413-67(F) of the City Charter. The cost of removal shall be borne by the applicant. 7. That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction, maintenance and removal of said encroachments. 8. That the applicant pays an annual license fee as determined by the Division of Real Estate. 9. That the applicant agrees to comply with all requirements for encroachment as specified in Chapter 413067 of the City Charter. PASSED AYES - 9 NOES - 0 NO. 1721 PERMISSION TO HIRE CONSULTANT - ANIMAL SHELTER IMPROVEMENTS (ELL)(DPW) Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire LaBella Associates as a consultant to provide architectural and engineering services for Animal Shelter Improvements. The cost for consulting services is estimated not to exceed $98,000. The funds will be available in account #30013506 - 445100. The consultant has been chosen through a Request for Proposal process (RFP). Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire LaBella Associates as a consultant to provide architectural and engineering services for Animal Shelter Improvements. The consultant has been chosen through a Request for Proposals (RFP) process. Funds for this project will be available in Account #30013506-445100. PASSED AYES 9 NOES - 0 NO. 1722 PERMISSION TO HIRE CONSULTANT CITY HALL SECURITY CAMERAS ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire U&S Services as Security Camera Consultant for City Hall. The cost for consulting services is estimated not to exceed $325,000. The funds will be available in account to be named at a later date. The consultant has been chosen through a Request for Proposal process (RFP). Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire U&S Services as a Security Camera Consultant for City Hall. The consultant has been chosen through a Request for Proposals (RFP) process. The funds will be available in an account to be named at a later date. PASSED AYES - 9 NOES - 0 NO. 1723 PERMISSION TO INCREASE CONTRACT NIAGARA STREET GATEWAY PROJECT PHASE 1 ELLICOTT DISTRICT, FILLMORE DISTRICT & NIAGARA DISTRICT PIN # 5757.14 CITY OF BUFFALO, COUNTY OF ERIE SEPTEMBER 1, 2015 I hereby submit to Your Honorable Body the following change for this contract. NOVA Site Company, LLC is the Contractor for the Niagara Street Gateway project for the City of Buffalo. During the course of construction it was discovered that the road base had deteriorated beyond what was originally anticipated. Additional material needed to be removed and additional asphalt needed to be applied in order to reestablish the road surface. Additional sewer work also became necessary and the City elected to add more tree plantings. This resulted in an increase in cost which is detailed below as follows: Road Profile Changes - $148,436.88 Tree Removal and Plantings - $ 35,486.27 Sewer Lateral Adjustment (To facilitate Traffic Signal installation) - $16,166.81 Additional Sewer work directed by B.S.A. - $44,012.94 Work necessary to maintain safe pavement during construction and other miscellaneous work - $50,148.79 Field change order for contingency on balance of the work - $10,000.00 Please note that this communication also resolves a math error in the previous change order item CCP #1630 of September 1,2015. I respectfully certify that this increase is fair and equitable for the work involved. I hereby request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $304,251.69 The funds are available in Capital Projects Account, the project grant account 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 July 13, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order in the amount of $304,251.69 (Current Contract Amount $2,747,353.86 + this Change Order $304,251.69 for a Revised Contract Amount of $3,051,605.55) for the Niagara Street Gateway Project, Phase 1, with NOVA Site Company, LLC. Funds are available in Capital Account, the Project Grant Account and/or an account to be named at a later date. PASSED AYES - 9 NOES – 0 NO. 1724 PERMISSION TO PURCHASE (3) FREIGHTLINERS The department of Public works is requesting permission to purchase (3) New Freightliners tandem axle w/Loadmaster bodies per contract # 7706 @ $170,820.00 each Total $512,460.00 Fleet Maintenance Funds to come out of 15050007-474200 Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase three (3) new Freightliners tandem axle with loadmaster bodies, per Contract #7706. Funds for this purchase are available in Account #15050007-474200. PASSED AYES - 9 NOES - 0 NO. 1725 PERMISSION TO PURCHASE STREET SWEEPER The department of Public works is requesting permission to purchase (1) new Street Sweeper per contract #7714. $199,600.00 Total $199,600.00 Joe Johnson Equipment Funds are coming out f the 15050007-474200 Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) new Street Sweeper, per Contract #7714. Funds for this purchase are available in Account #15050007-474200. PASSED AYES - 9 NOES – 0 NO. 1726 PERMISSION TO PURCHASE TRACTOR The department of Public works is requesting permission to purchase (1) Tractor per contract # 7727 Buffalo Truck Center $124,632.00 Total 124,632.00 Funds are to come out of 15050007-474200 Mr. Rivera moved: That the above item be, and the above Communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Tractor, per Contract #7727. Funds for this purchase are available in Account #15050007-474200. PASSED AYES - 9 NOES - 0 NO. 1727 REPORT OF BIDS CONNER, KAIT HARRITY INDOOR POOL (CAZ POOL) WALL AND WINDOW REPLACEMENT SOUTH DISTRICT I requested on June 21st, 2016 and received the following formal bids for the Conner, Kait Harrity Indoor Pool (Caz Pool) Wall and Window Replacement project on July 12th, 2016. Contractor Base Bid Horizon Masonry Restoration, Inc. $282,000 Nichter Construction, Inc. $367,000 *Picone Construction Corporation $383,000 *Deemed non-responsive I hereby certify that the foregoing is a true and correct statement of all bids received and that Horizon Masonry Restoration, Inc., with a Base Bid of $282,000 + 10% contingency of $28,200 for a total amount of Three Hundred Ten Thousand Two Hundred Dollars & 00/100 ($310.200.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the lowest responsible bid. Funding for this project is available in account #25123206-434000. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 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 Conner, Kait Harrity Indoor Pool (Caz Pool) Wall and Window Replacement, with Horizon Masonry Restoration, Inc., with a total amount of $310,200.00 (Base Bid of $282,000.00 + 10% contingency of $28,200.00 for a total amount of $310,200.00). Funding for this project is available in Account #25123206-434000. PASSED AYES - 9 NOES - 0 NO. 1728 REPORT OF BIDS - CORRECTION ENGINE #28 - ROOF PROJECT LOVEJOY DISTRICT I requested on April 6th, 2016 and received the following formal bids for the Engine #28 - Roof Project on April 20th, 2016. Contractor. Jameson Roofing Co., Inc. $257,509.00 Jos A. Sanders & Sons, Inc. $327,180.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that is Jameson Roofing Co., Inc. with a Base Bid of $257,509,000 + 10% contingency of $25,750.90 for a total amount of Two Hundred Seventy Thousand Three Hundred Eighty Four Dollars & 45/100 ($283,259.90), 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 33233406 - 445100 - Buildings. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Engine #28 - Roof Project, with Jamison Roofing Co., Inc., with a total amount of $283,259.90 (Base Bid of $257,509.00 + 10% contingency of $25,750.90 for a total amount of $283,259.90). Funding for this project is available in Account #33233406-445100. PASSED AYES - 9 NOES – 0 NO. 1729 REPORT OF BIDS MLK JR. PARK CASINO PHASE III RECONSTRUCTION CDBG PROJECT NO.MC41-50203 MASTEN DISTRICT Bids Available for review in the City Clerk’s Office I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: Bid price of Eight Hundred Ninety Six Thousand Three Hundred Fifty Dollars ($896,350) + 10% contingency of Eighty Nine Thousand Six Hundred Thirty Five Dollars ($89,635) for a total of Nine Hundred Eighty Five Thousand Nine Hundred Eight Five Dollars and 00/100 ($985,985.00). The Department of Public Works, Parks and Streets (DPW) and The Buffalo Urban Renewal Agency (BURA) have been working with Sicoli Construction Services, Inc. regarding compliance with the specifications for MWBE and Section 3 requirements which are part of the bid. In the event that Sicoli Construction Services, Inc. is found to be non-compliant as determined by BURA Counsel and/or Corporation Counsel, I respectfully request that a contract award be made to Allstate General Contracting, Inc. in the amount of: $654,000 Base Bid + $176,100 Alternates 1-4, + $83,010 10% contingency, for a Total Amount of Nine Hundred Thirteen Thousand One Hundred Ten Dollars and 00/100 ($913,110.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order work on the basis of the lowest responsible bid. Funding for this project is available in accounts DA9B2037-IDIS#9308, IDIS#9309, and account DJ9B2037-IDIS 9135. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 12, 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 MLK, Jr. Park Casino, Phase III Reconstruction, with the following: General Construction Sicoli Construction Services, with a total bid of $867,790 (base bid of $788,900 + 10% contingency of $78,890 for a total bid of $867,790) Electrical Construction CIR Electrical Construction Corp., with a total bid of $87,450 (base bid of $79,500 + 10% contingency of $7,950 for a total bid of $87,450) Mechanical Construction Leo J. Ruth Corp., with a total bid of $30,745 (base bid of $27,950 + 10% contingency of $2,795 for a total bid of $30,745). In the event that Sicoli Construction Services Inc. is found to be non-compliant as determined by BURA Counsel and/or the Corporation Counsel with respect to the specifications for MWBE and Section 3 requirements which are part of the bid, the Commissioner of the Department of Public Works, Parks and Streets is hereby authorizes to enter into an agreement for general construction with Allstate General Contracting, Inc., with a total bid of $913,110 (base bid of $654,000 +Alts. 1-4 $176,100 + 10% contingency of $ 83,010 for a total amount of $913,110). Funding for this project is available in Accounts #DA9B2037-IDIS#9308, IDIS#9309 and DJ9B2037-IDIS 9135. PASSED AYES - 9 NOES - 0 NO. 1730 REPORT OF BIDS RECYCLABLE MATERIAL COLLECTION AND PROCESSING The following bids were received for the subject project: Weekly Collection Bi-Weekly Collection Contractor Base Bid Base Bid Waste Management of NY, LLC No Bid No Bid 100 Ransier Dr. West Seneca, NY 14224 Modem Recycling, Inc. $2,815,599.76 $2,242,722.00 4746 Model City Rd. Model City, NY 14107 $3,021,773.00 $2,124,684.00 Allied Waste Services of NA, LLC 2321 Kenmore Ave. Buffalo, NY 14207 I respectfully recommend that a contract be awarded to the low bidder for weekly service, Modem Recycling, Inc. The proposed term of the contract is five years starting on January 1, 2017 with the option for no greater than one (1) five year renewal at the mutual agreement of both parties. In addition, the contract calls for an annual price adjustment. The contract will be subject to approval as-to-form by Corporation Counsel. Funds for this contract are available in #52002606-442100 and or an account(s) to be named at a later date. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 14, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Since the new service provider needs to undertake a significant investment in equipment and personnel to begin operations on January 1, 2017, we respectfully request that Your Honorable Body approve this request with a deliberate speed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1731 REPORT OF BIDS ROAD IMPROVEMENTS TO WARREN SPAHN WAY DPWGROUP 849 SOUTH DISTRICT In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Base Bid 1) Destro & Brothers Concrete Co. Inc. $324,939.68 411 Ludington St. Buffalo, NY 14206 2) Occhino Paving $326,624.15* 2650 Seneca St. West Seneca, NY 14224 3) Louis DeI Prince $359,999.00 580 Cayuga Rd. Cheektowaga, NY 14225 4) Milherst Construction $372,039.00 P.O. Box 430 Clarence Center, NY 14032 5) Mark Cerrone, Inc. $444,000.00 2368 Maryland Ave. Niagara Falls, NY 14305 6) Nova Site Company $447,030.65 6 Lena Ct. West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co Inc I respectfully Recommend a Contract award in the amount of $324,359.68. Funds for this contract are available in Grant Account 32310006 445100 and/or account to be named at a later date. The Engineer’s estimate for this work is $300,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 27, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder Adjusted Amount Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 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 Road Improvements to Warren Spahn Way, with Destro & Brothers Concrete Co. Inc., with a total amount of $324,939.68. Funds for this contract are available in Grant Account #32310006-445100 and/or an account to be named at a later date. PASSED AYES - 9 NOES - 0 NO. 1732 REPORT OF BIDS SCHILLER PARK CONCESSION BUILDING PUBLIC FACILITIES IMPROVEMENTS CDBG PROJECT NO. SPK41-50200 I advertised for bids on July 5, 201616 and received the following formal bids for the Schiller Park Concession Building Facilities Improvements on July 12, 2016. Contractor Base Bid Miller Enterprises, Inc $89,500.00 Nitcher Construction, Inc. $97,800.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc. with a total bid of $89,500.00 plus a 10% contingency of $8,950.00 for a total amount of Ninety Eight Thousand Four Hundred Fifty 00/100 Dollars ($98,450.00) is the lowest responsible bidder in accordance with the plans and specifications. This project is being carried out with federal financial aid from the Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account #DA9B2007~470000, DJ9B2037-470000, CI9B2007-470000 and CH9B2007- 470000. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 13, 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 Schiller Park Concession Building Facilities Improvements, with Miller Enterprises, Inc., with a total bid of $98,450.00 (base bid of $89,500.00 + 10% contingency of $8,950.00 for a total bid of $98,450.00). Funding for this project is available in Account #DA9B2007-470000, DJ9B2037-470000, CI9B2007-470000 and CHgB2007-470000. PASSED AYES - 9 NOES - 0 NO. 1733 REPORT OF BIDS TURNER & AUGSPURGER PARKING STRUCTURES REHABILITATION PROJECT ELLICOTT DISTRICT This is to advise your Honorable Body that I requested and received bid proposals on July 7, 2016 for Turner & Augspurger Parking Ramps Structures Rehabilitation Project. Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Crane Hogan Structural Systems $2,352,334.50 $147,325.00 $219,740.00 $158,075.00 3001 Brockport Rd Spencerport, NY 14559 Patterson-Stevens, Inc. $2,605,468.70 $175,245.00* $167,410.00 $121,385.00 400 Sawyer Ave. Tonawanda, NY 14151 I hereby certify that the lowest responsible bidder is Crane-Hogan Structural Systems, Inc and respectfully recommend that your Honorable Body authorize the base bid and alternates for a total contract amount not to exceed $2,877,474.50. Funds are available in the parking Enterprise Fund, Capital Reserve Account # 51008207-470010 and account(s) to be named at later date. The engineer's estimate for this project is $3,396,980.40. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 21, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. Please find attached a copy of the statement of compliance for the requirements for the City of Buffalo Apprenticeship Training Program signed by the low bidder. *Adjusted amount Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 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 Turner and Augspurger Parking Structures Rehabilitation Project, with Crane-Hogan Structural Systems, Inc., with a total bid of $2,877,474.50 (base bid of $2,352,334.50 + Alt.#1 $147,325.00 + Alt.#2 $219,740.00 + Alt.#3 $158,075.00 for a total bid of $2,877,474.50). Funds are available in the Parking Enterprise Fund, Capital Reserve Account #51008207-470010, and an account(s) to be named at a later date. PASSED AYES - 9 NOES – 0 NO. 1734 REQUEST FOR AUTHORIZATION TO AMEND AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO OLMSTED PARKS CONSERVANCY Authorization to Amend Agreement between the City of Buffalo and Buffalo Olmsted Parks Conservancy (DPW) Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 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 Amendatory Agreement between the City of Buffalo and Buffalo Olmsted Parks Conservancy, Inc. to amend the 2010 Amendatory Agreement as follows: 1. Item numbered 3, first bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • First, substitute "$1,100,000 (which amount includes the compensation to be paid pursuant to section 9(a) of the 2004 Agreement prior to the effective date of the 2010 Amendatory Agreement with respect to the original 12 employees who have ceased assignment to the Olmsted Parks and Parkways)" for "$329,190"; 2. Item numbered 3, third bullet point of the 2010 Amendatory Agreement shall be replaced with the following: • Third, add to that paragraph the following sentence: "in addition the City shall pay to the Conservancy, in bi-annual payments each year, one dollar for every two dollars raised by the Conservancy from private non-governmental donors or sources for management of the Olmsted Parks and Parkways as described herein, such payment by the City not to exceed $300,000 in the aggregate annually." PASSED AYES - 9 NOES -0 NO. 1735 REQUEST FOR AUTHORIZATION TO ACCEPT GREENWAY GRANT FUNDS, AWARDED TO BUFFALO OLMSTED PARKS CONSERVANCY FOR IMPROVEMENTS TO CAZENOVIA AND DELAWARE PARKS Authorization is hereby requested from Your Honorable Body to accept the following park improvements as funded by 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: Cazenovia Park - Shoreline and Trails: $557,960 Delaware Park - Rumsey Woods Trails: $176,770 Thank you for your consideration. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the following park improvements as funded by the 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: Cazenovia Park - Shoreline and Trails: $557,960 Delaware Park - Rumsey Woods Trails: $176,770 PASSED AYES - 9 NOES - 0 no. 1736 REQUEST FOR AUTHORIZATION TO ACCEPT GREENWAY GRANT FUNDS, FOR IMPROVEMENTS TO LASALLE PARK AND JESSE KREGAL - SHORELINE TRAIL CONNECTOR Authorization is hereby requested from Your Honorable Body to accept the following park improvements as funded by 2016 Greenway Grant awarded to the City of Buffalo: LaSalle Design and Waterfront Access: $65,000 Jesse Kregal - Shoreline Trail Connector: $400,000 Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 6, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the following park improvements as funded by the 2016 Greenway Grant awarded to the Buffalo Olmsted Parks Conservancy: LaSalle Design and Waterfront Access: $65,000 Jesse Kregal - Shoreline Trail Connector: $400,000 PASSED AYES - 9 NOES - 0 NO. 1737 APPOINT ASSISTANT FOR EXTERNAL AFFAIRS(SPECIAL EVENTS)(EXEMPT)(HOUCK) Appointment effective 07/01/2016 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Assistant for External Affairs(Special Events), Exempt at the flat salary of $40,373.00 Bridget B.Houck, 92 Wallace Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1738 APPOINT ASSISTANT FOR EXTERNAL AFFAIRS(SPECIAL EVENTS)(EXEMPT)(HOUCK) Appointment effective 07/01/2016 in the Department of Public Works, Parks and Streets, Division of Special Events to the Position of Director of Special Events, Exempt at the flat salary of $79,848.00 Nicole Drye, 73 Villa Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 1739 ACCEPTANCE OF DONATION The Buffalo Police Department was recently notified by Delaware North Company that they wish to donate two (2) mountain bikes, fully outfitted, to the "B" District to be utilized by Police Officers to conduct downtown bike Patrols. The bikes will be an addition to the bikes already utilized by the Buffalo Police Department for such patrols. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the bikes will be placed in BPD inventory records and assigned to the "B" District as stated. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department dated July 15, 2016, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation from Delaware North Company of two (2) mountain bikes, fully outfitted, to the "B" District to be utilized by Police Officers to conduct downtown bike patrols. The bikes will be an addition to the bikes already utilized by the Buffalo Police Department for such patrols. PASSED AYES - 9 NOES - 0 77, NO. 1740 APPROVAL TO PURCHASE NEW POLICE VEHICLES The Buffalo Police Department has received funding in the upcoming 2016/2017 fiscal year budget for marked and unmarked vehicles. Therefore, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: Up to 20 marked vehicles from the 2016/2017 fiscal year budget Up to 12 unmarked vehicles from the 2016/2017 fiscal year budget The Buffalo Police Department and the Purchase Department will follow local procurement guidelines and will obtain the best possible price for the make and model vehicles that are decided upon. The actual number of vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. In addition, the above purchase will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. Some of the equipment from these older vehicles, i.e. MCT's, docking stations, mobile radios, modems, etc. will be transferred to the new vehicles, thus keeping the overall cost of the new vehicles at the lowest point possible. If you have any questions or concerns, please contact Inspector Joseph Strano at 851-4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 8, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to purchase up to twenty (20) marked police from the 2016/2017 fiscal year budget and up to twelve (12) unmarked vehicles from the 2016/2017 fiscal year budget. These purchases will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. PASSED AYES - 9 NOES -0 NO. 1741 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104, 02/02/1988 16-DEA-617490 M-16-A44-P-806456 $ 1,939.86 16-DEA-616730 M-16-A44-P-806453 $ 498.91 13-FBI-004742 M-16-A44-P-806449 $ 215.50 16-DEA-618260 M-16-A44-P-806457 $ 2,084.35 15-DEA-614270 M- 16-A44-P-806448 $ 1,579.21 16-DEA-616594 M- 16-A44-P-806447 $ 3,383.64 14-DEA-594491 M-16-A44-P-806455 $ 966.61 14-DEA-594489 M-16-A44-P-806445 $14,760.00 15-DEA-614248 M-16-A44-P-806460 $1,706.25 16-DEA-618833 M-16-A44-P-806461 $ 402.77 12-DEA-556314 M-16-A44-P-806451 $ 335.i2 16-DEA-618007 M-16-A44-P-806454 $ 2,047.50 15-DEA-607408 M-16-A44-P-806452 $72,331.59 16-DEA-616382 M-16-A44-P-806450 $ 300.44 16-DEA-617077 M-16-A44-P-806458 $ 6,770.79 16-DEA-525193 M- 16-A44-P-806459 $27,942.01 14-FBI-005419 M-16-A44-P-806446 $ 113.60 15-DEA-614423 M-16-A44-P-811453 $ 3,524.23 14-FBI-006792 M-16-A44-P-811452 $12,048.50 15-DEA-616098 M-16-A44-P-811454 $ 5,381.41 16-DEA-618261 M-16-A44-P-811455 $ 3,687.25 DEA/FBI CUSTOMS TOTAL $162,019.54 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 1742 PURCHASE OF FIRE RESPONSE VEHICLES The Buffalo Fire Department respectfully requests permission to purchase two (2) 2016 Ford Explorer response vehicles. These vehicles will be assigned to Deputy Commissioners, when appointed and will be used by them 24/7. The purchase price is $26,973.00/vehicle and reflects a commitment by the vendor to hold the pricing to 2015 rates. SIGNATURE REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL NO. 1743 APPOINT SECRETARY TO THE OFFICE OF NEW AMERICANS(EXEMPT)(KING) Appointment effective July 1, 2016 in the Department of Law, Division of Office of New Americans to the Position of Secretary to the Office of New Americans, Exempt at the flat salary of $41,180.00 Tracy King, 234 Rodney Avenue, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO.1744 FOOD STORE LICENSE (NEW) - 833 TONAWANDA (NORTH)(DPIS) 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 833 TONAWANDA (KItlN StlWE/MYANMAR CHIN FAMILY CONVENIENCE) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 5, 2016 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khin Shwe d/b/a Myanmar Chin Family Convenience located at 833 Tonawanda. Passed. AYES-9 NOES-0 NO. 1745 FOOD STORE LICENSE (NEW) - 139 VERMONT (NIA)(DPIS) 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 139 VERMONT (NARAYAN SUBEDI & SOM SHITAL dba SN GROCERY) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 7, 2016 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Narayan Subedi and Som Shital d/b/a SN Grocery located at 139 Vermont. PASSED. AYES-9 NOES-0 NO. 1746 LODGING HOUSE LICENSE 6 COURTLAND (LOVEJOY) (LHM16-10027929) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 6 COURTLAND and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House license is being sought and no License will be issued until all required approvals from Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KENNETH YOUNG. The attached thereto for KENNETH YOUNG d/b/a KENNETH YOUNG This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 11, 2016, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to Kenneth Young d/b/a Kenneth Young, located at 6 Courtland, upon the condition that no sexual predators or offenders or criminals be permitted on the premises. PASSED. AYES-9 NOES-0 NO. 1747 LODGING HOUSE LICENSE 250 DELAWARE AVE LHM16-10028146 Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 250 DELAWARE AVE., and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House license is being sought and no License will be issued until all required approvals from the Zoning Office, Fire Department, Police Department, Building Inspection Sections and Health Department are obtained and I find it complies with. All regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of JAMES W. HOUSER. The attached thereto for JAMES W. HOUSER. d/b/a THE WESTIN BUFFALO. This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 15, 2016, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to James W. Houser d/b/a The Westin Buffalo, located at 250 Delaware Avenue. PASSED. AYES-9 NOES-0 NO. 1748 ANDERSON'S FROZEN CUSTARD 72 DAYS PARK BUFFALO,NY 14201 (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck for which said application for a Mobile Food Truck license is being sought by TORSTEN WILDERMUTH @ ANDERSON'S FROZEN CUSTARD, attached find a Police Record Check, upon obtaining the Fire Department's Approval and upon finding that said application complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMNITTEE ON LEGISLATION NO. 1749 RESTAURANT DANCE CLASS 3-245 ALLEN Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class 3 License located at 245 ALLEN ST. (ALLEN STREET HARDWARE) and find that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 245 ALLEN ST. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 1750 RESTAURANT DANCE CLASS 2-250 DELAWARE Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class 2 License located at 250 DELAWARE AVE. (TILE WESTIN BUFFALO) and find that as to form is correct. No License will be issued until said time that I find it complies with all regulations and other applicable laws. The attached application is thereto for 250DELAWARE AVE. This request is submitted for your approval or whatever action you deem appropriate. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 15, 2016, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class 2 License to James W. Houser d/b/a The Westin Buffalo, located at 250 Delaware Avenue. PASSED AYES - 9 NOES - 0 NO. 1751 SIDEWALK CAFE 1672 ELMWOOD AVE Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1672 Elmwood Ave (NYE PARK TAVERN) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1672 Elmwood Ave. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. AND THE COMMISSIONER OF PUBLIC WORKS NO. 1752 SIDEWALK CAF6 1607 HERTEL AVE. Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1607 HERTEL AVE. (BLOCK'S RESTAURANT) and find that as to form is correct.. All necessary approvals will be obtained prior to the issuance of said License. The attached application is thereto for 1607 HERTEL AVE. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1753 TIRE HANDLER//USED CAR DEALER 160 ABBOTT (SOUTH) (THR16-10028099) (UCD16-10028098) Pursuant to Chapter 263 & 186 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Tire Handler & Repair Shop located 160 ABBOTT. and find that as to form is correct. I have caused an investigation into the premises for which said application for Tire Handler & Repair Shop 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 KHALIL KHALIL. The attached thereto for KHALIL KHALIL/dba/MAJOR KEY AUTO INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 1754 APPOINT DIRECTOR OF POLICY & LEGISLATION(MARCY) Appointment effective July 1, 2016 in the Department of Administration & Finance, Division of Urban Affairs to the Position of Director of Policy & Legislation Non Competitive at the flat salary of $75,160.00 Michael Marcy, 705 Richmond Ave, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1755 APPOINT LEGISLATIVE COORDINATOR(EXEMPT)(BREEN) Appointment effective July 1, 2016 in the Department of Administration & Finance, Division of Urban Affairs to the Position of Legislative Coordinator, Exempt at the flat salary of $53,075 Michael Breen, 283 Summer Street, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1756 APPOINT SECRETARY TO THE COMMISSIONER(EXEMPT)(BENITEZ) Appointment effective 07/11/2016 in the Department of Administration and Finance, Division of Budget & Management to the Position of Secretary to the Commissioner, Exempt at the flat salary of $39,779 Amanda Benetiz, 340 Crestwood Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PARKING NO. 1757 PAY AND DISPLAY METERS IN TWO PARKING LOTS ON HERTEL Permission is requested from your Honorable Body for the Parking Department to install a "Pay and Display" meter in the RAPP (Residential Area Parking Program) city owned lot located adjacent to Gecko's Bar & Grille at 1464 Hertel Ave. The rates charged by the Parking Department will be $1/hour from 8am-9pm with a two hour maximum parking limit. I am also requesting approval of an overnight (9pm-8am) rate of $2.00 Permission is also requested from your Honorable Body for the Parking Department to install a "Pay and Display" meter in the RAPP (Residential Area Parking Program) city owned lot located adjacent to La Pizza Club at 1511 Hertel Ave. The rates charged by the Parking Department will be $1/hour from 8am-9pm with a two hours maximum parking limit. I am also requesting approval of an overnight (9pm-8am) rate of $2.00. Mr. Rivera moved: That the above item be, and the above communication from the Commissioner of Parking, dated July 14, 2016, be received and filed; That the Common Council hereby authorizes the Commissioner of Parking to install a "Pay and Display" meter in the Residential Area Parking Program ("RAPP") city-owned lot located adjacent to Gecko's Bar & Grille, 1464 Hertel Avenue. The rates charged by the Parking Department will be $1.00/hour from 8:00 a.m. to 9:00 p.m., with a two hour maximum parking limit, and an overnight (9:00 p.m. to 8:00 a.m.) rate of $2.00; and That the Common Council hereby authorizes the Commissioner of Parking to install a "Pay and Display" meter in the Residential Area Parking Program ("RAPP") city-owned lot located adjacent to La Pizza Club, 1511 Hertel Avenue. The rates charged by the Parking Department will be $1.00/hour from 8:00 a.m. to 9:00 p.m., with a two hour maximum parking limit, and an overnight (9:00 p.m. to 8:00 a.m.) rate of $2.00. PASSED AYES -9 NOES - 0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 1758 APPOINT DIRECTOR OF RECREATION(EXEMPT)(SIMMONS) Appointment effective July 1, 2016 in the Department of Community Services, Division of Recreational Programming to the Position of Director of Recreation, Exempt at the flat salary of $61,700 Kenneth Simmons, 59 Stewart, Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1759 APPOINT DIRECTOR OF YOUTH(EXEMPT)(KEMP) Appointment effective July 1, 2016 in the Department of Community Services, Division of Youth to the Position of Director of Youth, Exempt at the flat salary of $38,000 Nekia Kemp, 355 Martha Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1760 APPOINT SECRETARY TO THE COMMISSIONER(EXEMPT)(BROWN) Appointment effective July 4, 2016 in the Department of Community Services to the Position of Secretary to the Commissioner, Exempt at the flat salary of $43,379.00 Phyllis Brown, 1325 Main St apt 313, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 1761 RESOLUTION--SCHOOL BOARD ELECTIONS Thank you for your request to provide comment on the attached Common Council Resolution. On behalf of Superintendent Cash, and pursuant to our administrative practice, District officials do not offer comment on election matters. RECEIVED AND FILED NO. 1762 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on June 21, 2016 No 1544 Waive Building Permit Fees for the Buffalo Zoo’s Main Animal Building Roof Replacement No 1545 Waive Special Event Fee-Sanitation for North Bflo Farmer’s Market No 1560 Waiver of Habitat for Humanity Licenses and Curb Cut Fees for FY 2016-17 No 1563 Waive Park Permit Fees-Soccer for Success Family Day No 1567 Waiver of Fees for Leonardo da Vinci High School Senior Class Picnic No 1568 Waiver of Fees for US Naval Reserve Family Picnic No 1572 Waiver Event Fees for Use of South Park Lake-Father Baker’s Father’s Day No. 1573 Waive Event Fees-Use of Tosh Collins CC-Train Electrical Inspectors No 1574 Waive Park Rental and Special Event Fees for Various Events Was presented to the Mayor on June 24, 2016, and returned to the City Clerk on June 30, 2016 without approval or disapproval Respectfully submitted, Gerald A, ChwalinskJ City Clerk RECEIVED AND FMLED NO. 1763 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 2022 Seneca St Daddy Goo Goo Daddy Goo Goo LLC 2192 Niagara St Acqua Riverfront on the Niagara LLC 1634 Bailey Ave Macky’s Shamrock Room Party Atmosphere Maintainers, Inc RECEIVED AND FILED NO. 1764 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority RECEIVED AND FILED NO. 1765 REPORTS OF ACTING TIME I transmit herewith notifications received by me, reporting Acting Time, in the various departments as listed: X Parking- Marlene Smith 6/24/16 06/27/165 Tishawn Cambpell 6/27/16 7/12/16 7/13/16 Nicole Bongiovanni 6/21/16 6/22/16 6/23/16 6/24/16 6/25/16 Nichoals Schafer 6/23/16 6/24/16 6/29/16 6/30/16 7/01/167/02/16 7/5/16 7/6/16 7/15/16 Francis Angelo 7/08/16 7/15/16 Lynda Barnes 7/4/16 7/6/16 7/7/16 7/8/16 Theresa Nichols 7/11/16 RECEIVED AND FILED. NO. 1766 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 the Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective July 5, 2016 in the Department of Common Council, Division of City Clerk to the Position of Intern VI Unclassified, Noncompetitive, Hourly, with a starting salary of $10.00. Irving Peay, 108 Langfield Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 6, 2016 in the Department of Common Council, Division of Masten District to the Position of Intern IX Unclassified, Noncompetitive, Hourly, with a starting salary of $13.06 John Dunmore, 430 Delaware Apt 202, Buffalo 14202 CERTIFICATE OF APPOINTMENT Appointment effective July 12, 2016 in the Department of Common Council, Division of City Clerk to the Position of Intern VI Unclassified, Noncompetitive, Hourly, with a starting salary of $10.00 Charleen Walker, 233 E. Eagle St Apt 705, Buffalo 14204 NO. 1767 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 July 7, 2016 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II Seasonal, Noncompetitive, Flat, with a starting salary of $13.06 Kayla L Hahn, 280 Cable Street, Buffalo New York 14206 CERTIFICATE OF APPOINTMENT Appointment effective July 12, 2016 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II Seasonal, Noncompetitive, Flat, with a starting salary of $13.06 Brian D Irvin, 3182 Main St Apt 7, Buffalo New York 14214 CERTIFICATE OF APPOINTMENT Appointment effective July 12, 2016 in the Division of Audit and Control, Division of Comptroller’s Office to the Position of Intern VI (Part-time) Seasonal, Noncompetitive, Hourly, with a starting salary of $10.00 Margaret E Seifert, 140 Arbour Lane Apt 4, Buffalo New York 14220 NO. 1768 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 July 1, 2016 in the Department of Mayor’s Office of Strategic Planning, Division of Development to the Position of Market Manager and Food enterprises Coordinator, Open-Competitive, Minimum, with a starting salary of $62,000 Kathleen Petersonl, 62 Tillinghast, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 11, 2016 in the Department of Assessment and Taxation, to the position of Junior Data Control Clerk Temporary, Appointment, Minimum, with a starting salary of $35,348 Samantha Sanfilippo, 215 Saranac Avenue, Buffalo New York 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 5, 2016 in the Department of Human Resources, Division of Civil Service to the Position of Personnel Assistant (Civil Service) Permanent, Open-Competitive, Minimum, with a starting salary of $37,130 Samantha Jakubowski, 229 Crescent Avenue, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective July 5, 2016 in the Department of Human Resources, Division of Civil Service to the Position of Personnel Assistance (Civil Service), Permanent, Open-Competitive, Minimum, with a starting salary of $37,130. William McHugh, 69 Alsace Avenue, Buffalo New York 14220 CERTIFICATE OF APPOINTMENT Appointment effective July 6 2016, in the Department of Community Services & Recreational Program, Division of Community Services to the position of Youth Vocational Counselor Provisional, Open-Competitive, Flat, with a starting salary of $46,525 Franklin S.M. Carter, 63 Gallatin Ave Apt #2, Buffalo New York, 14207 CERTIFICATE OF APPOINTMENT Appointment effective July 11, 2016 in the Department of Fire, Division of Fire to the Position of Sr. Acct Clerk Typist, Permanent, Open- Competitive, Minimum, with a starting salary of $36,866. Bridget Young, 670 Woodlawn Ave, Buffalo New York 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 11, 2016 in the Department of Public Works, Parks &Streets, Division of Water to the Position of General Mechanic (Water) Provisional, Open-Competitive, Minimum, with a starting salary of $31,675 (Step 11) Everett Abernathy Sr, 189 Guilford St Buffalo 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 1769 C. MEADOWS & OCONCERNS NYREE ANDERSON Dear Sirs, B.L.O.C has been formed as a community collaborative by the U.N.I.A, WNY Alliance for Environmental Justice, and residents of the Fruit Belt in order to bring about equity in Buffalo's long neglected urban community. As of this moment we are demanding the same justice for Nyree Anderson as was delivered for Maksym Sugorovsky. It has been too long since baby, Nyree died for that walk to not be repaired and it is ridiculous that the city would claim that in order for repairs to be done, the city would have to be on notice. By Councilman Franczyk's own admission in an interview, 1, canvassed that street and saw the deterioration of the sidewalk. WHY WASN'T 1-1" FIXED? When little Maksym was killed, this city along with the state, responded within 21 hours by erecting barriers. It has been over a week and the government that black residents pay taxes to is telling us that when our children die, we have to hurdle the red tape ol" inspectors first. This is UNACCEPTABLE! If you can respond in 24hrs for a white child, we expect the same for ours. This entire situation is carrying the stench of the Galleria Malt accident that killed Cynthia Wiggins. They did not think her life was worth changing the bus route until there were lawsuits filed and your not changing the sidewalk without red tape. We are worth more than the services you're rendering want we demand "in kind" services - NOW! We fully expect Moselle St. to be repaired within the same 24hr time utilized for Maksym. In addition, we demand an immediate halt to police escorted bike "tours" through east side neighborhoods. The streets are public and anyone is welcome to use them but we are vehemently against our tax dollars being used to escort a majority white group v) "view" our neighbors in the interest of "diversity." Our neighborhoods are not zoos, we are not animals, no one is paying us admission to look at us, and we will not be treated as such. These "tours" under police escort perpetuate racist stereotyping, are insulting an d dehumanizing. We will not tolerate it and will make and future police escorted tours as uncomfortable as possible, within the confines of the law. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1770 E. RODRIGUEZ, REQUEST FOR EXPANDING UNITY ISLAND DEVELOPMENT City of Buffalo Dear Buffalo's Common Council, The matter of this letter regards to the recent past events on Unity Island. I, Edgar Rodriguez, hosted a Native American event on that island, which was very successful for a first time event. The people, who had attended this event love the park and everything it had to offer. Unity Island has become a wonderful place to be. The island is becoming quite popular and, there is over at least 300 people who visit this place daily. The island has also received a recent name change, in regards to show more respects to the Native American people as because the former name was offensive. On behalf of the local community in this area (black rock and riverside) and everyone else, who uses this island, I think to use the island to its fullest potential is by possibly adding public recreation grounds (playgrounds), shelter picnic areas for people whom this island, and possibly shelter building with public bathrooms. A special request for the Native American people is possibly adding an outdoor hockey arena or as Native American refer to as a lacrosse box. Our people used to play lacrosse at a local outdoor box in riverside park but it was replace the with tennis arena. So we hope to see another one here once again in buffalo, so that we may play our traditional game, and teach the community about our culture. Thank you for taking the time for reading this letter , I really look forward a hearing back with your decision regarding my request for the community Sincerely REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 1771 M. ROMANOWSKI-CITY PLANNING BOARD RESOLUTION QUEEN CITY LANDING SITE PLAN APPROVAL FOR THE PROPOSED MIXED USE be it resolved I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 3 U day of May, 2016, a resolution was adopted of which the following is a true copy: James A. Morrell- Chairman Henry L. Burns Horace A. Gioia Martha Lamparelli Cynthia A. Schwartz Andrew Malcolm Michael Rembis The following resolution was introduced: WHEREAS, on April 4, 2016, Queen City Landing, LLC ("Applicant"), pursuant to § 511- 138 et seq. of the City of Buffalo Code (the "Code") and New York General City Law § 81-b, submitted a Letter of Intent ("LOI"), including Exhibits "A" through "L", to the City of Buffalo Planning Board ("Planning Board"), in furtherance of their request for Site Plan approval for the proposed mixed-use residential and commercial building and adjoining covered parking garage (the "Project") located at 975 Fuhrman and 1005 Fuhrman (collectively, the "Site") in the City of Buffalo (the "City"), New York; and WHEREAS, the Applicant has provided information in the LOI supporting the request for Site Plan approval; and WHEREAS, Public Hearings were held on the Site Plan Application by the Planning Board on April 4, 2016, April 18, 2016 and May 16, 2016, at which time the Applicant presented the details for the Project and all who wished to comment were allowed to be heard; and WHEREAS, Planning Board meetings were also held on the Project on April 18, 2016, May 16, 2016, May 31, 2016, at which time the Applicant presented and discussed the details for the Project; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code § 511-138 et seq. and New York General City Law § 81-b, received and reviewed the Application materials for the Project and, after fully discussing this matter, has decided to approve the proposed site plan as presented in the Application materials; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ("SEQRA"), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ("FEAF"), as amended and finalized on April 28, 2016, to assist the Planning Board in reviewing the potential impacts of this request; and WHEREAS, the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not require the Applicant to prepare a Draft Environmental Impact Statement ("DEIS'). The proposed demolition and Queen City Landing development will not create any significant adverse environmental impacts, and the Planning Board has issued a Negative Declaration for this Project. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to Code § 511- 138 et seq and New York General City Law § 81-b; 1. The Applicant is seeking Site Plan approval for the proposed construction of a new, 23-story mixed use building with approximately 198 luxury apartment units, a restaurant(s), fitness area, covered parking areas for residents, surface parking for visitors and an extension of the public bike path providing public waterfront access. 2. The Planning Board has made the following determinations with respect to the Applicant's request for Site Plan approval for the Project: a. The Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have any significant adverse environmental impacts; c. The Project will comply with City of Buffalo Fire Department standards; d. The Project provides adequate fire lanes and emergency access; e. The Project is not anticipated to result in any ponding, flooding and/or erosion; f. The Project will provide adequate and efficient vehicular traffic access and circulation; g. The Project provides adequate arrangement of pedestrian traffic access and circulation for overall pedestrian convenience and safety; h. The overall Project and design will have a positive impact on the neighborhood; i; The Project will provide an adequate arrangement, design and general compatibility of structures, buildings and signs; j. The Project will provide for the adequate protection of significant natural features and areas important to the community; k. The Project will comply with Buffalo Sewer Authority standards; and 1. Water supply facilities will comply with City of Buffalo Department of Public Works standards. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 31 st day of May, 2016. Upon roll call vote: AYE NAY James Morrell, Chair X Henry Burns X Horace A. Gioia X Martha Lamparelli X Cynthia Schwartz X Michael Rembis X RECEIVED AND FILED NO. 1772 M. WYATT-K. KEENE PROPERTY REPAIRS CLEANER ESTATES LLC Here is a response to the list of properties and the repairs. 1.45 Merrimac- No longer Manage and owner has under contract to sell should close in the next week last i heard. 2. 598 Lisbon - Repairs have been completed 3. 152 Rounds- Repairs done and trash cleaned. We have had on going issues with tenants and the trash issue. Which we are and have been addressing with the tenant. 4. 380 Lasalle -Good 5. 146 Shirley- Owner is on board to replace roof. Looks like untied contracting should be doing the roof sometime in august. 6. 246 Comstock- we are every week picking up the trash when we cut the lawn. Unfortunately the property does not stay clean for even a day. There is a store across the street and the customers throw there trash on the ground in the yard. some of the other properties have the same issue. 7. 51 Comstock- Good 8. 1326 Kensington- Good 9.26 Alice- Repairs have been completed 10. 77 Davidson- Good 11.52 Phyllis - Good 12.411 Dartmouth- Window have been painted and is completed, The roof does have curling but does not leak. owner would like to get one more year out of roof. 13.344 Dartmouth- Good 14.148 Hazelwood good 15. 204 Easton -Good 16. 120 Courtland- Vegetation has been addresseand completed. Property is for sale and owner is tight on funds as we are currently repairing 150 d Fruend for him. 17. 32 Millicent- I did not notice this in the past. So when I received this on the list Friday -7/08/2016 1 started the process to address. I should have answers with in the week. 18. 100 Roosevelt- tree limb set for removal on 07/15/16 19.57 Harriett- property was broken into and vandalized after an eviction process. Working with a representative of the owner to get this property back operating. Hope to have completed sometime in August. 20.98 Wilks- Waiting on quotes to give to owner. I believe the porch was hit by something such as a car. This is a new issue and the lower right side of the front porch is caved in. Owner has been advised. 21. 160 Courtland Good 22. 68 Roma- Cleaned and completed 23. 584 East Amherst- Good 24. 52 Custer- Siding was replaced and has been completed. 25.57 Hazelwood- Shrubs and Debris have been completed. 26. 171 Newburgh- Shrubs and Debris have been completed. Garage door to be removed this week. 27~ 630 Eggert- Good c0ndtion Mr Wyatt here is also a list of contact numbers. If in the future any issues arise or we can be in assistance to you feel free to reach out to us. Thanks- Keith Keene My personal Cell number Maintenance and dispatch 716-833-3228 Main Office 716-833-3244 After Hours Emergencies 716-545-8132 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1773 R.WYATT-PUBLIC MEETING NOTICES Attention: Please find attached two Public Meetings Notices to be filed for Common Council Meeting: Removal of Main Street Medians, July 20, 2016 Updates to Shoshone Park, July 25, 2016 Thank you. RECEIVED AND FILED NO. 1774 R. WYATT-OPPOSE HIRING NON-RESIDENT EMPLOYEES Gladys Hemdon-Hill Human Resource Commissioner 65 Niagara Square 1007 City Hall. Buffalo, New York 14202 RE: The City of Buffalo Employing Nonresidents Dear Ms. Herndon-Hill, As the University District Councilman, I am in opposition of employing nonresidents within The City of Buffalo. I believe it is my duty to advocate for the employment of our residents. I understand the nature of union contracts are complex, and in some cases they may allow for outside residency for certain positions. However, it is my desire whenever possible that city residents are given as much consideration as appropriate by law for those opportunities. I believe we must exhaust every avenue to employ citizens within The City of Buffalo. Buffalo has a diverse range of untapped personnel. Our constituents must be a priority in the hiring of city workers. I stand committed to the stabilization of The City of Buffalo with those who have stood strong through our transition. Sincerely, REFERRED TO THE COMMITTEE ON CIVIL SERVICE PETITIONS NO. 1775 A. TERRAGNOLI, AGENT, USE 7-37 BREWSTER TO PLACE A RESTRICTED PARKING LOT FOR THE TRI-MAIN BLDG (MASTEN)(HRG 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1776 C. DELORENZO, OWNER, USE 766 ELMWOOD FOR A SIDEWALK CAFE ENCROACHING ON THE CITY ROW (DEL)(HRG 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS NO. 1777 S. TUOHEY, OWNER, USE 481 DELAWARE TO RE-ESTABLISH A RESTAURANT UNDER NEW OWNERSHIP AND INCLUDE A BAKERY AND RETAIL SALES AND AN OUTDOOR CAFE (FILL)(HRG 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1778 M. ANDERSON, AGENT, USE 1372 CLINTON TO CONVERT A 2 STORY MASONRY OFFICE/STORAGE BUILDING TO A BREWERY/TAVERN IN A M1 ZONING DISTRICT (LOV)(HRG 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1779 J. PELLENZ, AGENT, USE 1122 ELMWOOD TO RE-ESTABLISH A RESTAURANT CLOSED MORE THAN 1 YEAR IN THE ELMWOOD AVE BUSINESS DISTRICT (DEL)(HRG 7/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CLAIMS COMMITTEE (DAVID A. RIVERA, CHAIRPERSON) 1780 PERSONAL INJURY A1-6 Mr. Feroleto moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Personal Injury Claims A. 1. Comell, Jasmine $ 3,000.00 A. 2. McLanghlin, 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 That cheeks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior, Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES -9 NOES -0 NO. 1781 PROPERTY DAMAGE B1-4 Mr. Feroleto moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: Property Damage Claims 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 Ins Co $ 21,745.20 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES - 9 NOES - 0 NO. 1782 PRIOR FISCAL YEAR INVOICES C1-30 Mr. Feroleto moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approva1; That upon the recommendation of the Corporation Counsel, the following actions for prior fiscal year, be compromised and settled: Prior Fiscal Year Claims 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. Cormors & 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. EZ TAG/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 Grinne!l $ 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 $ 20.02 C. 30. Watts Architecture & Engineering $ 2,163.75 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES - 9 NOES - 0 NO. 1783 MISCELLANEOUS D1-4 Mr. Feroleto moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for miscellaneous arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: 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 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES -9 NOES - 0 NO. 1784 FOR DISCUSSION Mr. Feroleto moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That upon the recommendation of the Corporation Counsel, the following actions for discussion arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: For Discussion E. 1. Byrd, Demetrius $ 188.75 E. 2. Heitzhaus, Paul $ 750.00 E. 3. Senger, Martin $ 364.47 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel Of proper release and closing papers. PASSED AYES - 9 NOES - 0 CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1785 APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(INTER)(BUCHOWSKI)(PW) (CCP# 16-1598, JULY 5) Mr. Wyatt moved: That Communication #1598 of July 5, 2016, be Received and Filed and that the Permanent appointment of Garrett Buchnowski, 777 Amherst St, "a Buffalo 14216, stated above at the 2Step salary of $37,826.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1786 APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(STEP 2)(PACE)(PW) (CCP# 16-1599, JULY 5) Mr. Wyatt moved: That Communication # 1599 of July 5, 20 i6, be Received and Filed and that the Permanent appointment of Carmen Pace, 236 Euclid Ave, "a Kenmore 14217, stated above at the 2Step salary of $37,826.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1787 APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(STEP 3)(MARTIN)(PW) (CCP# 16-1600, JULY 5) Mr. Wyatt moved: That Communication #1600 of July 5, 2016, be Received and Filed and that the Permanent appointment of Michael Martin, 375 Westgate, Kenmore rd 14217, stated above at the 3Step salary of $39,010.00 is hereby approved. PASSED AYES-9 NOES-0 NO. 1788 APPOINT POLICE CAPTAINS(TEMP)(KEM, NICHOLS) (CCP# 16-1601, JULY 5) Mr. Wyatt moved: That Communication # 1601 of July 5, 2016, be Received and Filed and that the Temporary Promotion of Police Captain Dawn Kent, 40 Fernott, Lancaster 14086 Steven J. Nichols, 108 Moreland, Buffalo 14206 At the fiat starting salary of $92,271 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1789 RD APPOINT MOTOR EQUIPMENT MECHANIC(PROV)(3STEP)(COLSTON) (CCP# 16-1602, JULY 5) Mr. Wyatt moved: That Communication #1602 of July 5, 2016, be Received and Filed and that the Provisional appointment of Darnelle Colston, 151 Hamlin Road, Buffalo 14208, stated above at the 3rd Step salary of $25,698.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1790 RD APPOINT BUILDING INSPECTOR(PROV)(3STEP)(SOTOLI)(EDPI) (CCP# 16-1606, JULY 5) Mr. Wyatt moved: That Communication # 1606 of July 5, 2016, be Received and Filed and that the Provisional appointment of Luis Soto II, 134 Camden Avenue, Buffalo 14216, stated above at the 3rd Step salary of $36,080.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1791 APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER(EXEMPT)(HOUGH)(PKG) (CCP# 16-1608, JULY 5) Mr. Wyatt moved: That Communication # 1608 of July 5, 2016, be Received and Filed and that the Exempt appointment of Davis Hough, 191 Bird Ave Apt 5, Buffalo 14213, stated above at the flat salary of $40,373.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 1792 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTYCLK) (C.C.P. #16-1626, JULY 5) Mr. Wyatt now moves that the above item be Received and Filed. ADOPTED FINANCE (RICHARD A. FONTANA, CHAIRPERSON) NO. 1793 ANNUAL AUDIT PLAN-2016-2017 (COMPT) (C.C.P. #16-1584, JULY 5) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED NO. 1794 PROPOSED AGREEMENT WITH SAY YES TO EDUCATION (COMM SRVCS) (ITEM NO. 1609, C.C.P., JULY 5, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming to enter into an agreement with Say Yes to Education, Inc. 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 to avail themselves of college scholarship opportunities with and at SUNY, CUNY and community colleges and other eligible colleges and to expend up to $200,000 to achieve these objectives; and that the Common Council hereby authorizes the Department of Community Services and Recreational Programming 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 that the Common Council hereby authorizes 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. PASSED. AYES-9 NOES-0 NO. 1795 CAPITAL DEBT SERVICE FUND DEPOSITS 2016-2017 FISCAL YEAR (COMPT) (C.C.P. #16-1451, JUNE 21) Mr. Fontana now moves that the above item be Received and Filed. ADOPTED NO. 1796 RESPONSE ON ANNUAL AUDIT PLANS FILED WITH THE COMMON COUNCIL (COMPT) (ITEM NO. 1371, C.C.P., JUNE 7, 2016) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1797 REPORT OF SALE - 373 LEROY (MASTEN)(STRAT PLAN) (ITEM NO. 1583, C.C.P., JULY 5, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Amer Ahmed and Lima Chowdhury, 14 Ivy Street, Buffalo, New York 14211, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 373 Leroy be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 1798 FOOD STORE LICENSE (NEW) - 468 NIAGARA (ELL)(DPIS) (ITEM NO. 1604, C.C.P., JULY 5, 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 Commissioner of Permits and Inspections Services approves the application of Sango Claver d/b/a Sunshine Market, to operate a food store located at 468 Niagara Street, upon the following conditions: 1. Cannot sell "loosies" - i.e. single cigarettes, single diapers, or items packaged for etc. 2. Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. \[Many of these items especially perishables have expiration dates for public safety, the opening and selling single items without dates, nutritional information and other important information is a public safety concern.\] 3. Must have a minimum of two (2) working surveillance cameras. One camera should be located above the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. 4.Store interior and exterior should be kept clean at all times. Store facade and landscape must be well maintained. 5. Must remove hand painted signage from front of store within 30 days of license issuance/reissuance. 6. Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. 7. No amateur hand painted advertising on building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time period allowed by city ordinance. PASSED. W/CONDITIONS AYES-9 NOES-0 NO. 1799 REPORT OF SALE - 58 CLARENCE (UNIV)(STRAT PLAN) (ITEM NO. 1146, C.C.P., MAY 24, 2016) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Lambert and Alicia Degraffenried of 142 Southgate Road, Cheektowaga, New York 14215, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 58 Clarence be and hereby is accepted; and That the purchasers agree to pay for all closing costs associated with the transfer of title, including but not limited to, transfer tax and recording frees; and that the purchasers agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-9 NOES-0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1800 G. SMITH, AGENT, TO USE 2412 SENECA TO ERECT A MONUMENT SIGN ON PRIVATE PROPERTY (SOUTH)(DPIS) (ITEM NO. 1631, C.C.P., JULY 5, 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 G. Smith, Agent, to erect a monument sign on private property, located at 2412 Seneca Street. Passed. AYES-9 NOES-0 NO. 1801 C. GLOSS, OWNER, TO USE 1096 LOVEJOY TO REESTABLISH USE OF A RETAIL STORE WITH TAKE-OUT FOOD IN THE LOVEJOY STREET SPECIAL DISTRICT (LOV)(DPIS) (ITEM NO. 1632, C.C.P., JULY 5, 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 C. Gloss, Owner, to reestablish use of a retail store with take-out food, located at 1096 Lovejoy in the Lovejoy Street Special District. PASSED. AYES-9 NOES-0 NO. 1802 M. ROMANOWSKI, AGENT, USE 2058 DELAWARE TO OPERATE A GAS STATION AND CONVENIENCE STORE IN THE PAN-AMERICAN SPECIAL ZONING DISTRICT (NORTH)(DPIS) (ITEM NO. 1633, C.C.P., JULY 5, 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 M. Romanowski, Agent, to operate a gas station and convenience store, located at 2058 Delaware in the Pan-American Special Zoning District. PASSED. AYES-9 NOES-0 NO. 1803 C. BARONE, OWNER, TO USE 451 ELMWOOD TO PLACE AN OUTDOOR CAFÉ AT FRONT ON CITY RIGHT-OF-WAY AND SIDE ON PROPERTY OF A ONE-STORY RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (NIA)(DPIS) (ITEM NO. 1634, C.C.P., JULY 5, 2016) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Franczyk now moved that above item be recommit ted to the Committee on Legislation ADOPTED NO. 1804 A. HAMIDEH, OWNER, TO USE 1146 HERTEL FOR USE OF A RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)((DPIS) (ITEM NO. 1635, C.C.P., JULY 5, 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 A. Hamideh, Owner, for a restaurant, located at 1146 Hertel, in the Hertel Avenue Special Zoning District. PASSED. AYES-9 NOES-0 NO. 1805 M. MODRZYNKI, OWNER, TO USE 858 WEST TO ERECT A 28 SPACE PARKING LOT IN AN R2 ZONING DISTRICT (NIA)(DPIS) (ITEM NO. 1636, C.C.P., JULY 5, 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. 1806 FOOD STORE LICENSE (NEW) - 294 VERMONT (NIA)(DPIS) (ITEM NO. 1474, 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; th That the Commissioner of Permits and Inspections Services approves the application of Mohmed Ali and Hussein Redhwan d/b/a 14Street Comer Mart Inc., to operate a food store located at 294 Vermont. PASSED. AYES-9 NOES-0 NO. 1807 LODGING HOUSE LICENSE - 340 ELMWOOD (NIA)(DPIS) (ITEM NO. 1475, 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 254 of the City Ordinances, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Phyllis Siskar d/b/a TNT Dynamite Properties LLC located at 340 Elmwood. PASSED. AYES-9 NOES-0 NO. 1808 A. BANEY, BUFFALO MEDICAL CANNIBIS ACT (#16-1497, 06/21) Mr. Franczyk moved: That the above item be returned to the Common Council Without Recommendation. Mr. Franczyk Now moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 1809 N.PETROTTO-BUFFALO CANNIBIS ACT (#16-1498, 06/21) Mr. Franczyk moved: That the above item be returned to the Common Council Without Recommendation. Mr. Franczyk Now moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 1810 J. SEE, AGENT, REZONE 502 ELMWOOD FROM A R2 TO AN EB FOR A RESTAURANT AND OUTDOOR PATIO (NIA)(DPIS) (ITEM NO. 1510, C.C.P., JUNE 21, 2015) Mr. Franczyk moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of J. See, Agent, to rezone 502 Elmwood from a R2 to an EB Commercial for a restaurant and outdoor patio. PASSED. AYES - 9 NOES - 0 NO. 1811 R. BARNETT-RESPONSE RE: SOLAR PANEL SYSTEMS CCP 4/26/16 #I010 (C.C.P. #16-I215, MAY 24) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1812 R. BARNETT-RESPONSE RE: PROPER FIRE SETBACK CODE PERTAINING TO ROOFTOP SOLAR SYSTEMS (C.C.P. #I6-1216, MAY 24) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1813 PROPERTY MANAGEMENT LICENSE - MOLIO LLC (DPIS) (ITEM NO. 877, C.C.P., APR. 12, 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. 1814 PROPERTY MANAGEMENT LICENSE TPM OF WNY LLC (DPIS) (ITEM NO. 879, C.C.P., APR. 12, 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 265 of the City of Buffalo Ordinance, the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services to issue a Property Management License to Vincent Tortora d/b/a TPM of WNY LLC. PASSED. AYES-9 NOES-0 NO. 1815 FOOD STORE LICENSE(NEW)-1054 BROADWAY(FILL)(EDPI) (C.C.P. #16-726, MAR 29) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1816 ESTABLISH CITY-WIDE CONDITIONS FOR FOOD STORES & INCREASE FINE SCHEDULE(EXC RES)(SCANLON) (C.C.P. #I6-531, MAR 1) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1817 FOOD STORE(NEW) 243 WALDEN AVE(FILL)(EDPI) (C.C.P. #16-90, JAN 19) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1818 FOOD STORE LICENSE(NEW) 1358 BROADWAY (FILL)(EDPI) (C.C.P. #16-15, JAN 5) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED NO. 1819 S. HAFEEZ-CONCERNS PARKING ON SWEET AVENUE (C.C.P. #15-1174, JUNE 9) Mr. Franczyk now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1820 BY MR. FONTANA ENDORSEMENT AND APPROVAL OF THE PRESERVATION LEAGUE OF NYS IN ITS APPLICATION TO NYS HOMES AND COMMUNITY RENEWAL FOR FUNDING UNDER THE NEW YORK MAIN STREET TECLMICAL ASSISTANCE GRANT Whereas The Preservation League of NYS desires to apply for $20,000 in financial assistance through the 2016 Consolidated Funding Application (CFA) under the New York Main Street Technical Assistance Grant; and Whereas The application proposes funding to complete a feasibility study of the possible revitalization and reuse of the historic Whereas Wildroot Building, located at 1740 Bailey Avenue in the Lovejoy District; and The Wildroot Building is eligible for designation to the State/National Register of Historic Places and its potential reuse will advance ongoing community revitalization efforts; and Whereas The grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo approves and endorses the 2016 New York Main Street Technical Assistance Grant for assistance prepared and to be submitted by the Preservation League of NYS. ADOPTED NO. 1821 BY: MR. FONTANA WAIVER OF FEES FOR THE LOVEJOY SUMMER FESTIVAL Whereas The East Lovejoy Coalition of Neighbors exists to promote community engagement and unity in the Lovejoy neighborhood; and Whereas On Saturday, August 6 th' 2016 the East Lovejoy Coalition of Neighbors will be hosting a Summer festival at Hennepin Park for the community to enjoy a fun family oriented event. The event will host a craft show, music, games, basket raffles, a performance from the Lovejoy Cheerleading team and more; and Whereas The East Lovejoy Coalition of neighbors is a community organization that serves others by hosting community events such as the Summer Festival; and Whereas The Summer Festival is a community event for all residents of Lovejoy, with all associated expenses to be incurred by the East Lovejoy Coalition of Neighbors. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and application fees associated with the Lovejoy Summer Festival. PASSED AYES – 9 NOES -0 NO. 1822 BY: MR. FONTANA RE: WAIVER OF FEES FOR SCHILLER PARK COMMUNITY DAY Whereas The Schiller Park Block Club Coalition is an organization of the block clubs in the Schiller Park neighborhood dedicated to the maintenance and improvement of the Schiller Park Community; and Whereas On Saturday, August 13 th 2016 the Schiller Park Coalition, in partnership with Councilmember Richard A. Fontana, will be hosting the second annual Schiller Park Community Day in Schiller Park; and Whereas Schiller Park Community Day is a free family event featuring music, food, refreshments, and fun for all ages open to all residents of the community; and Whereas Schiller Park Community Day will be sponsored by Councilmember Fontana and organized by the all-volunteer members of the Schiller Park Coalition. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all fees associated with the Schiller Park Community Day. Lovejoy District Mr. Franczyk moved that the above item be recommitted to the Committee on Legislation. PASSED AYES – 9 NOES – 0 NO. 1823 BY: DAVID A. FRANCZYK DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: "MOBILE FOOD TRUCK-BLUE BALLS BUS INE.(EDPI)" (ITEM NO 1653~ C.C.P. JUNE 21 2016) The above item is currently in the Community Development Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of Item No 1653, C.C~P. June 21~ 2016~ "Mobile Food Truck-Blue Balls Bus Inc. ~and said item is now before the Common Council for its consideration. Motion to Adopt Discharge Motion to Approve AYES –FEROLETO, GOLOMBEK, SCANLON – 3 NOES – FONTANA, FRANCZYK, RIVERA, WINGO, WYATT – 6 LOST Mr. Franczyk now moved that above item be Recommitted to the Committee on Legislation ADOPTED NO. 1824 BY COUNCIL MEMBER FRANCZYK SUPPORT BROADWAY MARKET APPLICATION FOR NYS HCR DOWNTOWN ANCHOR PROGRAM FUNDING New York State Homes and Community Renewal (NYS HCR) leverages federal and state community development resources through its New York Main Street Downtown Anchor program, which provides funds to organizations committed to revitalizing historic downtowns and mixed-use neighborhood commercial districts with shovel-ready projects; Whereas, Broadway Market desires to apply for $500,000 in financial assistance through Consolidated Funding Application tO NYS HCR; the application from Broadway Market proposes funding to assist with ongoing community revitalization efforts by returning the facade of Broadway Market to its original 1956 look, which requires exterior restoration to brick walls, restoring concrete top portions, removing awnings, and installing new signage; Whereas, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; Whereas, it is in The City's best interest to continue community development activity in coordination with NYS: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Approves and endorses the Downtown Anchor Program application for assistance prepared and submitted by and on behalf of Broadway Market; and 2) Directs The City Clerk to forward a certified copy of this resolution to Kathleen Peterson of Broadway Market. ADOPTED NO. 1825 BY COUNCIL MEMBER GOLOMBEK WAIVER OF SPECIAL EVENT FEES FOR WESTERN NEW YORK VEGFEST Whereas, The Western New York VegFest will take place on Sunday, August 7% 2016 in Riverside Park; and Whereas, this is a free event that is open to the public, which includes the Tofurky Trot, along with several food vendors, live music, speakers and exhibitors; and Whereas, The Western New York VegFest promotes health, compassion for animals, plant based eating and is a great way to introduce people to valuable information and education regarding the food they eat: Now, Therefore Be It Resolved that The City of Buffalo Common Council" 1) approves the waiving of all fees related to the Western New York VegFest, to be held on August 7, 2016 in Riverside Park; 2) requests that the City Clerk send copies of this resolution to the office of Public Works, Parks and Streets and the Mayor's Special Events Office. PASSED AYES – 9 NOES – 0 NO. 1826 APPOINT MARRIAGE OFFICER(GOLOMBEK) Be It Resolved: That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for September 3, 2016. ADOPTED. NO. 1827 BY COUNCIL PRESIDENT PRIDGEN SUPPORT BUDC APPLICATION FOR NYS HCR DOWNTOWN ANCHOR PROGRAM FUNDING - TRICO Whereas, New York State Homes and Community Renewal (NYS HCR) leverages federal and state community development resources through its New York Main Street Downtown Anchor program, which provides funds to organizations committed to revitalizing historic downtowns and mixed-use neighborhood commercial districts with shovel-ready projects; Whereas, BUDC desires to apply for $500,000 in financial assistance through Consolidated Funding Application to NYS HCR; Whereas, the application from BUDC proposes funding to assist with environmental remediation and other costs associated with the redevelopment of the historic Trico Building (Trico Plant No. 1), located in downtown Buffalo at 817 Washington Street; Whereas, the grant application requires that the applicant obtain the approval and endorsement of the governing body of the municipality in which the project will be located; and Whereas, it is in The City's best interest to redevelop this building in coordination with NYS as the project is integral to the completion of a major downtown Buffalo area adjacent to the Buffalo Niagara Medical Corridor: Now, Therefore Be It Resolved that The City of Buffalo Common Council-- 1) Approves and endorses the Downtown Anchor Program application for assistance prepared and submitted by and on behalf of BUDC for use in redevelopment of the Trico Building; and 2) Directs The City Clerk to forward a certified copy of this resolution to The Mayor's Office of Strategic Planning. ADOPTED NO. 1828 BY: MR. RIVERA AUTHORIZING RESOLUTION AUTHORIZING A VEHICLE ALLOWANCE FOR PRIVATELY OWNED VEHICLES USED FOR CITY BUSINESS BY THE COMMON COUNCIL Resolution of the City of Buffalo authorizing the adoption of a duly ratified procedure for the Common Council's use of private vehicles on city business, pursuant to the recent amendment to City Code § 35-21(K). WHEREAS, Common Councilmembers must go to local meetings, travel between City Hall and their districts, and attend many other meetings throughout the city; the purpose of providing a monthly auto allowance is to reimburse the Common Councilmembers for business travel expenses related to use of their private vehicles; and WHEREAS, this procedure is established to provide a means by which use of privately owned motor vehicles for City business may be authorized and a plan of compensation for such use by the Common Council; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. Provisions of the Vehicle Allowance 1. Common Council members, who are required to use their personal automobiles on city business, will receive a vehicle allowance at the rate of $385.00 every other pay period. In order to qualify for this allowance, the Council member must certify that they will use their vehicle for City of Buffalo business for at least 120 days out of the fiscal year, excluding the distances traveled while reporting for duty at his place of employment at the beginning of a period of duty nor for distances traveled from his place of employment to his residence or elsewhere at the end of a period of duty. 2. Each Councilmember must have a valid New York Driver's License. The proof of a valid New York Driver's License is to be given to the City Clerk or his/her designee. 3. Each Councilmember must provide proof of insurance by producing a copy of the policy or a statement of insurance coverage showing the policy number, expiration date, and must have an amount of coverage that satisfies New York State Insurance Law. 4. Only 4-wheeled motor vehicles shall be used. Motorcycles, motor scooters, bicycles and similar 2- or 3-wheeled mechanical conveyances will not be reimbursed unless specifically authorized by the City Clerk or his/her designee. 5. The allowance shall be paid in the Common Council's payroll check issued every other pay period. 6. The allowance will be reported annually on W-2 forms as additional income. Section 2. The Procedure for Obtaining this Allowance 1. In order to receive the Vehicle Allowance, at least one week prior to receiving the allowance, members of the Common Council that wish to request an allowance must certify, on a form provided by the City Clerk's office, that they will use their vehicles for city business for at least 120 days out of the current fiscal year. For the following years, this certification must be signed within a month of the start of the new fiscal year. 2. The Common Councilmember must submit a sworn Request for Vehicle Allowance Form, along with proof of a valid driver's license and insurance to the City Clerk for approval. 3. The City Clerk must review the form mad all accompanying documentation, and may: I. Approve the request to the requestor. II. Keeps a record of all Councilmembers receiving approval for vehicle allowance. III. If the request is denied, the City Clerk must return the request to the requestor unsigned with an explanation, in writing, for the denial. IV. File a copy for the City Clerk's records. 4. Upon approval, the approved original request form must be forwarded to the Department of Audit and Control. 5. The Department of Audit and Control shall approve the vehicle allowance. It shall be added on to the paycheck of the Common Councilmember during the first pay period of the following month. Section 3. This resolution shall take effect immediately upon approval of the Mayor of the City. REFERRED TO THE COMMITTEE ON LEG(SLATION. NO. 1829 RE: ORDINANCE AMENDMENT CHAPTER 35, PERSONNEL POLICIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 35 of the Code of the City of Buffalo be added to read as follows: § 35-21 Automobile Transportation Allowance a. A uniform transportation allowance for the use of privately owned automobiles of City officers and employees on City business is hereby established at the highest rate provided by any collective bargaining agreement presently in force to which the City is a party, for each officer or employee of the City who uses his privately owned automobile for the purpose of performing the official duties of this office or position. No such allowance shall be paid for distances traveled by an officer or employee for the purpose of reporting for duty at his place of employment at the beginning of a period of duty nor for distances traveled from his place of employment to his residence or elsewhere at the end of a period of duty. B. CERTIFICATE (1) Each officer and employee of the City who, by reason of the nature of his duties, is required to travel from place to place within the City of Buffalo for the purpose of performing the official duties of his office or position may be authorized by the head of the department or City agency in which he is employed to use his privately owned automobile for such purpose by the filing with the Comptroller of a certificate in substantially the following form: CERTIFICATE AUTOMOBILE TRANSPORTATION ALLOWANCE (Name of department or City agency) It is hereby certified that (Name) holding the office or position of (Title of position) in the department or City agency set forth above, of which I am the head, is required by reason of the nature of the duties of his office or position to travel from place to place within the City of Buffalo for the purpose of performing the duties of his office or position and that, by reason thereof, I hereby authorize him to use his privately owned automobile for such purpose. Dated: ,\[19\]20 (Name) (Title) (2) The original of each such certificate shall be personally executed by the head of a department or City agency and shall be filed with the Comptroller, and a copy thereof shall be filed with the City Clerk and transmitted to the Common Council for its information. The person named therein shall, concurrently with its filing with the Comptroller, also file with the Comptroller, on a form prescribed by him for such purpose, a written description of the automobile to be so used by him on City business, and thereupon the officer or employee named in such certificate shall become eligible to receive payment of the transportation allowance herein provided in accordance with and subject to the provisions of this section. C. Each officer and employee so certified shall at all times while so using any privately owned automobile on City business maintain on file with the Comptroller a current description of any such automobile so used by him on City business on a form prescribed by the Comptroller for such purpose. The replacement of one automobile by a different automobile shall require the filing of a new description on the prescribed form. Periodic changes in the license number of the same automobile shall not require the filing of a new description, but such change may be reported on daily travel reports submitted by him. D. Each privately owned automobile so used by an officer or employee on City business shall be equipped and maintained with a speedometer which is operational at the time of such use. Failure to comply with the provisions of this subsection and failure to specify speedometer readings on daily travel reports when indicated thereon shall be deemed sufficient grounds for the disapproval of any part or all of any claim filed for a transportation allowance. E. Claims for such transportation allowance shall be filed with the Comptroller monthly on or before the 10th day of the month next following the month for which such claim is filed. Each such claim shall be accompanied by daily travel reports maintained by the claimant on forms prescribed by the Comptroller for such purpose. Such daily travel reports shall be submitted by the claimant at the end of each calendar week to an officer or employee of his department or City agency who has been designated, in writing, filed with the Comptroller, by the head of his department or City agency for the purpose of reviewing and approving or disapproving such daily travel reports. If the person so designated shall fail to approve any such daily travel report, it shall be submitted to the head of his department or City agency for his approval or other disposition. Any daily travel report which does not contain such departmental approval may be excluded from consideration by the Comptroller for audit purposes. F. The Comptroller shall have the power to disapprove the payment of any part or all of any claim filed with him pursuant to the provisions of this section when, in his judgment, there is a lack of sufficient proof to establish the authenticity of any such claim or part thereof or for failure to comply with the provisions of this section. G. The Comptroller shall have the power to prescribe, amend and enforce such rules and regulations pertaining to the administration of the provisions of this section as he may deem necessary and proper from time to time and to prescribe such forms for use in connection therewith as he may deem necessary and proper. H. The City, through its Director of Purchase, shall maintain in force a policy of insurance naming the City of Buffalo as the insured, protecting it against loss or damage on account of the use of privately owned automobiles by City officers and employees on City business, with bodily injury liability coverage in the amount of $200,000 for each person and $500,000 for each occurrence and with property damage liability coverage in the amount of $50,000 for each accident. I. The head of a department or City agency may at any time cancel any certificate issued pursuant to Subsection B of this section respecting any officer or employee of the department or City agency by filing with the Comptroller a written notice of such cancellation. The eligibility of the person named in the certificate so canceled to receive the transportation allowance herein established shall thereupon cease. J. The filing of any false or fraudulent claim for the transportation allowance benefits herein provided shall constitute misconduct and shall be grounds for disciplinary action, including removal from office or position. K. This section shall not apply to elected public officials or officers of the City, except for Common Councilmembers who may observe a duly ratified procedure for collecting an automobile allowance. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMNITTEE ON LEGISLATION, NO. 1830 SPONSOR: CHRISTOPHER P. SCANLON DATE: JULY 13, 2016 SUBJECT: WAIVE EVENT FEE FOR THE USE OF CAZENOVIA PARK FOR NOTRE DAME ACADEMY'S 2 ND ANNUAL "FUN RUN" WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and WHEREAS: Notre Dame Academy's "Fun Run" will be held Saturday, September 3, 2016; and WHEREAS: Notre Dame Academy has respectfully used the South District's parks in the past and has been a staple in the community for many years; and WHEREAS: This event provides a welcoming and healthy initiative to inaugurate a new school year; and. Now, Therefore, Be It Resolved,. That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works and the Department of Special Events waive all applicable event fees for Notre Dame Academy's "Fun Run" and their use of Cazenovia Park; and Be It Further Resolved, That the City Clerk forwards a copy of this resolution to the Department of Public Works and Special Events PASSED AYES – 9 NOES -0 NO. 1831 BY: MR. SCANLON ORDINANCE AMENDMENT CHAPTER 307. PARKING AND PARKING LOTS § 307-11 SCHEDULE OF FREES AND PENALTIES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307, Article I, PARKING VIOLATIONS of the Code of the City of Buffalo be amended to read as follows: Chapter 307: Parking and Parking Lots Article h Parking Violations § 307-11 SCHEDULE OF FINES AND PENALTIES A. The schedule of fines and penalties shall be as follows: Violation Fine Fine Failure to deposit required coins in a parking meter, overtime parking in a metered space \[$30.00\] $40.00 or other meter violation Parking prohibited beyond time limit allowed other than parking meter \[$30.00\] $40.00 Parking prohibited on alternate days \[$30.00\] $40.00 Parking prohibited on bus routes during certain hours \[$35.00\] $40.00 Parking prohibited upon publicly or privately owned premises without permission \[$50.00\] $60.00 Parking in unpaved area in front/side yard \[$50.00\] $60.00 Parking prohibited in a load zone \[$30.00\] $40.00 Stopped, standing or parked facing wrong direction \[$30.00\] $40.00 Stopped, standing or parked more than 12 inches from curb \[$30.00\] $40.00 Stopped, standing or parked upon any bridge, elevated structure, subway or approaches \[$30.00\] $40.00 Standing or parked within 20 feet of a crosswalk at an intersection or other marked \[$30.00\] $40.00 crosswalk \[$35.00\] $40.00 \[$35.00\] $40.00 Parking Prohibitions Parking Prohibited at any time \[$35.00\] $40.00 Parking Prohibited during certain hours \[$35.00\] $40.00 Parking Prohibited from here to corner \[$35.00\] $40.00 Parking prohibited in a taxi stand \[$35.00\] $40.00 Standing prohibitions: Standing prohibited at any time \[$35.00\] $40.00 Standing prohibited during certain hours \[$35.00\] $40.00 Standing prohibited from here to comer \[$35.00\] $40.00 Stopping prohibitions: Stopping prohibited at any time \[$35.00\] $40.00 Stopping prohibited during certain hours \[$35.00\] $40.00 Stopping prohibited from here to comer \[$35.00\] $40.00 Stopped, standing or parked on a sidewalk \[$35.00\] $40.00 Standing or parked in front of a public or private driveway \[$35.00\] $40.00 Expired certificate of inspection or registration \[$35.00\] $40.00 Stopped, standing or parked within 15 feet of a fire hydrant \[$30.00\] $60.00 Double parking \[$35.00\] $40.00 Stopping, standing or parking prohibited, police emergency \[$35.00\] $40.00 Other violation \[$35.00\] $40.00 Handicapped parking violations, per § 1203-e of the Vehicle and Traffic Law \[$70.00\] $80.00 B Additional penalties. Penalties shall be added to the fine for late payment as follows: Original fine \[$30.00\]$40.00 \[$35.00\]$40.00 \[$50.00\]$60.00 \[$70.00\]$80.00 After 8 days \[$55.00\]$65.00 \[$55.00\]$65.00 \[$85.00\]$95.00 \[$125.00\]$135.00 After first billing \[$55.00\]$75.00 \[$65.00\]$75.00 \[$95.00\]$105.00 \[$135.00\]$145.00 After 75 Days \[$75.00\]$85.00 $85.00 \[$115.00\]$125.00 \[$155.00\]$165.00 I. This Ordinance Amendment shall take effect once it is duly ratified pursuant to City Charter § 3-19. APPROVED AS TO FORM ONLY: Lauren A. Howard ASSISTANT CORPORATION COUNSEL NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1832 BY COUNCIL MEMBER WINGO WAIVE PARK RENTAL AND SPECIAL EVENT FEES FOR VARIOUS EVENTS 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, Whereas, Pine Grill Reunion will be held August 7 th and 14 th at MLK Park; Whereas, these events are community based and free to the public; 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 Special Events, Department of Permits and Inspections, and the Department of Public Works waive fees applicable for the Pine Grill Reunion; 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 – 9 NOES - 0 NO. 1833 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. Chris Chiodo James W, Halliday Fred Jones III Mark R. Stambach TOTAL: 4 ADOPTED NO. 1834 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. Jeffrey T. Banes Patrick J. Curry Arthur Eve, Jr. Samantha Joy Jakubowski Deidra Knightner William P. McHugh Christopher M. Mordino Ivory Payne, Jr. Total: 8 ADOPTED: NO. 1835 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 26, 2016 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 26, 2016 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 26, 2016 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 26, 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 meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware, NO. 1836 ADJOURNMENT On a motion by Mr. Rivera, Seconded by Mr. Scanlon, the Council adjourned at 3:15 PM GERALD A. CHWALINSKI CITY CLERK