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Home My WebLink About12-0904 (2)NO. 16 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 4, 2012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE September 4, 2012 FINAL MAYOR 1. Select HARBORcenter Dev, LLC as Preferred Developer for Webster Block CD 2. Appoint Director of Development(Gandour) R &F MAYOR - EXECUTIVE 3. Cit Serv- Submission of Monthly Report -July 2012 R &F 4. Plan Bd -SEQRA Negative Declaration -3149 Bailey(Univ) R &F 5. Plan Bd -SEQRA Negative Declaration -105 Dorothy(Fill) R &F 6. Plan Bd -SEQRA Negative Declaration -52 Foundry St(North) R &F 7. Plan Bd -SEQRA Negative Declaration -325 Louisiana(Fill) R &F 8. Plan Bd -SEQRA Negative Declaration -563 Riley St(Ell) R &F 9. Plan Bd -SEQRA Negative Declaration -890 Tifft(South) R &F 10. Plan Bd -SEQRA Lead Agency Finding Statement -818 Ellicott Women & Child. Hosp(EII) R &F 11. Plan Bd -SEQRA Findings Statement and Zoning Findings Statement - 818 Ellicott Women's & Children's Hospital(Ell) R &F 12. Plan Bd- Resolution 818 Ellicott Preliminary Layout Approval R &F 13. Plan Bd- Resolution 818 Ellicott Site Plan Approval R &F 14. Plan Bd- Resolution Determination of Significance -Gospa Village R &F 15. Plan Bd -Site Plan and Design Approval 818 -830 Ellicott R &F 16. Strat Plan- Tishman Bldg Redev Project- Abandon Portion of Pedestrian Sidewalks to Facilitate Roadways and Porte Cochere Easement(hrg 09/18) CD,CPBD 17. Strat Plan- Liberty Affordable Housing Inc, Mariner Towers Assoc, Mariner Housing- PILOT -186 Efner(EII) CD 18. Strat Plan- Report of Sale -503, 515 and 523 Swan(Ell) CD 19. Strat Plan- Report of Sale -463 E. Utica(Ell) CD 20. Strat Plan- Report of Sale -462 W. Utica(Nia) APP 21. Strat Plan- Report of Sale -393, 397 and 399 Walden(Fill) APP 22. Strat Plan- Request for Easement -Use Portion(Approx 3.86) of 332 Ellicott(Ell) CD COMPTROLLER 23. Bond Authorization Rescinding -Oil Tank Replacement APP 24. Comptroller's Estimate & Report, 2013 Capital Improv Budget and 5 Yr Plan FIN 25. Refunding Bond Resolution - Special Program Revenue Bonds, 2001 Series A APP PUBLIC WORKS 26. Notification Serials- 10636- 10640(Waive 45 Days) R &F 27. Change in Contract -Caz Park Casino- Plumbing(South) APP 28. Change in Contract -City Court Basement $330,872.00 APP 29. Change in Contract -City Court Basement $354,597.79 APP 30. Change in Contract - City -Wide Curb & Sidewalk Repl #93000878 APP 31. Change in Contract - City -Wide Curb & Sidewalk Repl #93000822 APP 32. Change in Contract - Lanigan Field House Reconstruction(Fill) APP 33. Report of Bids -Caz Ice Rink Roof Reconstruction (South) APP 34. Report of Bids - Centennial Playground Site Improvements(Ell) APP 35. Report of Bids -City Court Public Defenders Office(Ell) APP 36. Report of Bids -Cocoa Cola Field Cooling Tower VFD(EII) APP 37. Report of Bids Cocoa Cola Field Reconstruct Various Exhaust Fans(Ell) APP 38. Report of Bids - Fruitbelt/ Medical Park Streets and Sidewalks(Ell) APP 39. Report of Bids -60 Hedley PI Special Inspections(Mas) APP 40. Report of Bids -Mid City Neighborhood Revit Strategy Area - Sidewalk Imp(Ell) APP 41. Report of Bids - Museum of Natural Science Mechanical Reconst(Mas) APP 42. Report of Bids - Roosevelt Park Site & Bldg Imp(Univ) APP 43. Report of Bids - Zoological Gardens Roof Reconst(Del) APP 44. Report of Emergency Bid Room 512 City Hall- Emergency Air Monitoring(Not to Exceed $5,000.00)(EII) APP 45. Report of Emergency Bid Room 512 City Hall- Emergency Asbestos Removal (Not to Exceed $25,000.00)(EII) APP 46. Report of Emergency Bid Riverside Ice Rink HVAC Reconstruction (North) APP 47. Report of Proposals -2012 Citywide Tree Mngt & Planting(Var) APP 48. Request Perm to Accept Funds -Grant for Hertel North Bflo Baseball League APP 49. Request Perm to Accept Funds -Grant for Olmsted Parks Conservancy APP 50. Request to Purchase Equipment(Trailer) APP 51. Request to Purchase Vehicles(10 Pick Ups, 1 Air Sweeper) APP 52. Request to Purchase Vehicle(Pick Up with Long Bed) APP 53- 52A Permission to Enter into Agreement- Design and Construct Bridge Repairs APP POLICE 54- 53. Drug Asset Forfeiture Wire Transfers($42,022.61) R &F 55- 54. Appoint Police Officer(Abdul- Wahed,AlIman, Anguish, Baker, Boice, Losi, McDermott, Fitchlee, Mercurio, Missana, Widgorski, Acquino, Rivers, Olmstead, Schnelle, Tedesco, Vaccaro, Vidal, Weber, Mojica, Mondal, Muhammad Jr., Pakizay, Rachuna, Hoffstetter, Isch, LaRusch, Lehner Jr., Long, Coppola, Felschow III,Gatti,Hall Jr, Hamilton Jr. CS FIRE 56- 55. Dispose of Old Fire Trucks /Utility Truck APP 57- 56. Purchase One EMS Vehicle and Auction Scrap Vehicle APP PERMITS AND INSPECTIONS 58- 57. Collector License (New) LEG 59- 57A Flee Market(New)(Nia) LEG 60- 58. Food Store License(New) -2594 Bailey(Lov) LEG 61- 59. Food Store License(New) -1326 E. Ferry(Fill) APP 62- 60. Food Store License(New) -1059 Grant(North) APP 63- 60A Food Store License(New) -407 Grant(Nia) APP 64- 60B Food Store License(New) -1256 Hertel(Del) LEG 65- 61. Restaurant Dance License Renewal -2897 Bailey(Univ) LEG 66- 62. Restaurant Dance License Renewal -936 Elmwood(Del) LEG 67- 63. Restaurant Dance License Renewal -681 Main(Ell) LEG 68- 64. Sidewalk Cafe -256 Allen St(Fill) LEG 69- 65. Used Car Dealer -283 Broadway(Ell) LEG 70- 66. Used Car Dealer -441 Fillmore(Fill) APP 71- 67. Responses Absentee Bldg Owners -500 Block of Main, Illegally Placed Ad Signs, Enforcement of Property Main Codes and Direction of Renewal of Operating Lic of Business LEG 72- 68. Appoint Building Inspector(White)(Prov)(5 CS 73- 69. Appoint Chief Building Inspector (Klemann)(Perm)(5 CS 74- 70. Appoint Chief Electrical Inspector(3 step) (Prov)(Moore) CS PARKING 75- 71. Abandoned Vehicles for City Use(Durango, Expedition) FIN ZONING BOARD OF APPEALS 76- 72. Approved Variance 766 Elmwood R &F 77- 73. Resolution- Height Variance Women and Childrens' Hospital R &F SEWER AUTHORITY 78- 74. Adoption of Negative Declaration of SEQRA for Long Term Control Plan R &F 79- 75. BSA Long Term Control Plan- Combined Sewer Overflow Abatement Proj and Adoption of SEQRA Negative Declaration CD CITY CLERK 80- 76. Mayor Reported Out of State R &F 81- 77. Items returned by Mayor without Approval /Disapproval R &F 82- 78. Application for Restricted Use Permit -334 Delaware(Ell) LEG 83- 79. Board of Ethics Minutes -June 19, 2012 R &F 84- 80. Liquor License Applications R &F 85- 81. Certificate of Appointment(Williams)(Ellicott) ADOPT 86- 82. Notices of Appointment - Seasonal R &F 87- 83. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 88- 84. Bflo Water Bd Monthly Report -July 2012 R &F 89- 85. LP Ciminelli -Board Packet Documents August 2012 ED 90- 86. S. Colon- Divestment of City Funds from JP Morgan Chase Bank FIN 91- 87. D. Kaminski - Reconstr and Bridge Replacement /Rehab Route 5 and Fuhrmann Blvd R &F 92- 88. M. LoCurto- Request Response from Law Dept Re Agmt Btwn COB & Seneca Gaming CD 93- 89. S. Metivier - Wetlands and Waters(Scoping Documents) CD 94- 90. S. Norris -Zero Tolerance for Bullying at Schools ED 95- 91. B. Smith - Biennial Consulting Engineer's Report on Bflo Water System -2012 R &F 96- 92. C. Tarr - Concerns Reg Tops Markets 345 Amherst St(North) CD 97- 93. J. Burney- Comments Bflo Green Code CD 98- 94. M. Pellegrino Faix- Comments on Bflo Green Code CD 99- 95. K. Cody- Response Bflo Consol Dev Framework -Bflo West Side Wtrfrnt and Peace Bridge W /FRONT 100- 96. P. Cody- Response Bflo Consol Dev Framework -Bflo West Side Wtrfrnt And Peace Bridge W /FRONT 101- 97. T. Cody- Response Green Code- Brownfields CD 102- 98. T. Dearing- Response Bflo Consolidated Dev Framework CD 103- 99. L. DeTine- Comments Draft General Environmental Impact Statement CD 104- 100. A. Giacalone- Comments Bflo Consol Dev Framework CD 105- 101. M. Holden- Response Bflo Green Code- Brownfields CD 106- 102. R. Holden- Response Bflo Green Code- Brownfields CD 107- 103. L. Martina- Response Bflo Green Code- Brownfields CD 108- 104. A. Mecca - Response Bflo Green Code- Brownfields CD 109- 105. K. Mecca - Response Bflo Green Code- Brownfields CD 110- 106. J. Messina - Response Bflo Green Code- Brownfields CD 111- 107. J. Messina & O- Response Bflo Green Code- Brownfields CD 112- 108. E. Mori - Response Green Code CD 113- 109. C. Perla- Response Bflo Green Code- Brownfields CD 114- 110. J. Persico- Response Bflo Consol Dev Framework -Bflo West Side Wtrfrnt And Peace Bridge CD 115- 111. J. Urbanczyk -Req Meters be Removed From Various Neighboring Residential Streets Near Park Lane Restaurant R &F PETITIONS 116- 112. Y. Amin, Owner, Use 1146 Hertel Ave to Convert Portion of Bldg to Bakery/ Take -Out Restaurant (Del)(hrg 9/11) LEG 117- 113. D. Simpson, Owner, Use 802 Elmwood For a Rest(Del)(Hrg 9/11) LEG,CPBD 118- 114. L. Runor, Owner, Use 488 Franklin aka 62 Allen- Reestablish Sit -in Restaurant And Front Patio (Fill)(hrg 9/11) LEG,CPBD 119- 115. D. Mika, Agent, Use 1231 Delaware Ave for a Freestanding Sign(EII)(hrg,9 /11) LEG,CPBD,ZONING 120- 116. R. Bender, Owner, Use 1374 Seneca St For A Freestanding Sign(no hrg)(Lov) LEG,CPBD RESOLUTIONS 139- 117. Fontana Appoint Marriage Officer(Allen) ADOPT 140- 118. Fontana Waive Appl Fees for EC SPCA /Bflo Animal Shelter Parvovirus Appoint Principal Auditor (Perm)(Max)(Bidell)(Compt) APP 122- Free Vaccination Clinic APP 141- 118A Fontana Excuse Councilmember Pridgen From Council Meeting ADOPT 142- 119. Franczyk Permission for WNY Hispanic American Veterans to Hang a FINANCE Banner on Marine Drive APP 143- 120. Franczyk Police Camera at Elmwood Avenue and Johnson Park PW,POL 144- 121. Franczyk Bandwagon Fee Waiver for WNY Railway Historical Society's Second Quarter Gap Sheet(A &F) R &F 126- Heritage Festival APP 145- 121 A Golombek,etc Ordinance Amendment -Ch 309 -4 Aeornautic APP 146- 122. LoCurto Appoint Legislative Aide(Weiss) ADOPT 147- 123. LoCurto Appoint Legislative Assistant(Parobek) ADOPT 148- 124. Pridgen Req License Dead End Portion of Cedar Street Be Revoked ADOPT 149- 125. Rivera Hispanic Heritage Month -Sept 15 to Oct 15 ADOPT 150- 126. Rivera Waiver of Fees for 2 nd Annual Pig Roast and Chiavetta's Street Parcel Nos. 8,10 &11 (ccp #6, 6/26/12)(pub hrg 7 /10)(Cty Clk) APP Barbeque APP 151- 127. Rivera Waiver of Fees for MAP's -Tour De Farms APP 152- 128. Scanlon Special Program Agmt- Refinancing 2000 Settlement Btwn City School District and Bflo Teachers Federation APP 153- 129. Smith Req Appts to Education Citizens Advisory Board APP 154- 130. Smith, etc Responsible Banking Act LEG 155- 131. Smith Trailblazing Sign Request 784 E Delevan- Louise Bonner Way ADOPT 156- 132. Smith Waive Park Fees Associated with Sickle Cell Walk APP 157- 132A Smith Appoint Legislative Assistant Council Staff(Stanley) ADOPT 158- 132B Smith Appoint Sr Legislative Assistant Council Staff(Wyatt) ADOPT 159- 133. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS R &F 135- 160- - - -- Waterfront Neighborhood Community Development Agreement(ccp #3, 8/4/2010) R &F SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS ND /11WA:IT /1679 121- 1. Com 9 July 24 Appoint Principal Auditor (Perm)(Max)(Bidell)(Compt) APP 122- 2. Com 58 July 24 Notices of Appointments- Temp /Prov /Perm(City Clk) R &F 123- 3. Com 59 July 24 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 124- 4. No 55 May 15 D. Smith -BFSA Supplementary Information - General Fund R &F 125- 5. Com 38 Mar 20 Second Quarter Gap Sheet(A &F) R &F 126- 6. Res 91 Mar 6 Budget & Personnel Amendment - Common Council R &F COMMUNITY DEVELOPMENT 127- 7. Com 6 July 24 Report of Sale -492 &494 Busti(EII)(Strat Plan) APP 128- 8. No 85 July 24 Rescind Sale & Forfeit Deposit 64 Hayes(Lov)(Strat Plan)( #11,6/26) RECOMMIT 129- 9. Com 32 my 10 Item Recalled From the Mayor- Abandonment /Sale Small Portions of City Street Parcel Nos. 8,10 &11 (ccp #6, 6/26/12)(pub hrg 7 /10)(Cty Clk) APP LEGISLATION 130- 10. No 72 July 24 A. Terragnoli, Agent, Use 765 Elmwood, Change of Use Portion of Bldg to a Sit in Restaurant(hrg 7/31)(Del) RECOMMIT 131- 11. No 73 July 24 A. Terragnoli, Agent, Use 630 Ohio - Exterior and Interior Alterations for a Showroom (hrg 7 /31)(South) APP 132- 12. No 75 July 24 J. Grillo, Agent, Use 351 Grider to Place a Non - Illuminated Sign(no hrg)(Mas) APP 133- 13. Com 37 July 24 Food Store License(New) -271 Ludington (Lov)(EDPI) RECOMMIT 134- 14. No 65 July 24 R. Orozco- Signed Affidavit Re Conditions at 602 and 620 Babcock St R &F 135- 15. Res 119 July 24 Use of Private Motorized Golf Carts at Caz & S Park Golf Courses(exc res)(Scanlon) ADOPT 136- 16. Com 22 July 10 Seneca St Transfer Station License Agreement -1037 Seneca St (Fill)(PW)(hrg 7/17) DENY 137- 17. No 68 June 26 W. Brown, Agent, Use 1030 Ellicott to Erect a Ground Sign(Hrg 7/3)(EII) APP 138- 18. No 82 Apr 17 M. LoCurto -M. Kearns -Req Update on Status - Gaming Facility( #66,5/11) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 4, 2012 AT 2:00 P.M. Present - Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Rivera, Russell, Scanlon, Smith- 8 Absent - Pridgen-1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on July 24, 2012 were approved. FROM THE MAYOR NO. 1 SELECTION OF HARBORCENTER DEVELOPMENT, LLC AS PREFERRED DEVELOPER FOR APPROXIMATELY $123 MILLION DEVELOPMENT AT WEBSTER BLOCK I am pleased to inform Your Honorable Body that after a thorough review and selection process, HARBORcenter Development, LLC (the development company affiliated with the Buffalo Sabres has been selected as preferred developer for the Webster Block. An RFP was issued in April resulting in two major project proposals submitted in June of this year. A selection committee of senior executive staff was impaneled to review the proposals with input from a team of community representatives including active citizens, business leaders, and a member of the Common Council. As the environmental review process must first be completed, no formal action can be taken at this time. However, Your Honorable Body will be asked to consider and approve a formal Land Disposition Agreement (LDA) in the near future. Attached for your information is a term sheet agreed to by HARBORcenter Development, LLC, which contains the primary terms to be included in the LDA. The highlights of the approximately $123,000,000 project terms include: HARBORcenter Development, LLC agrees to purchase the property for the appraised value up to $2,000,000 in accordance with the requirements of §27 of the City Charter. The Property shall be developed and used solely for the Project, which shall include two ice rinks (one with seating capacity for at least 1,800 people and the other with seating capacity for at least 200 people, both with accessible seating as required by law); a parking structure with 900 -1000 parking spaces; a premium -brand hotel of up to 200 rooms and ground -level restaurant and retail space. The Groundbreaking and physical alteration /development of the Project site shall commence no later than March 1, 2013. The ice rinks, retail, restaurant(s) and parking garage portions of the Project shall be completed, as evidenced by the issuance of a Certificate(s) of Occupancy or Completion, either temporary or permanent, by September 30, 2014. The completion of a premium -brand hotel, as evidenced by the issuance of a Certificate of Occupancy, a Certificate(s) of Occupancy or Completion, either temporary or permanent, by May 30, 2015. The project includes a minority business enterprise (MBE) utilization goal of 25% and a women business enterprise (WBE) goal of 5% for all construction firms working on the project. HARBORcenter Development, LLC agrees to pay all of its year -round full -time employees who work at either the parking ramp or ice rink portions of the Project a living wage, as set forth in Section 96- 19(D)(2) of the Ordinances of the City. The project includes a minority workforce goal of 25% and a female workforce goal of 5% for all construction personnel. HARBORcenter Development, LLC agrees to use commercially reasonable efforts to foster and encourage sustainability in the design and construction of the Project. HARBORcenter Development, LLC agrees to use commercially reasonable efforts to cause tenants and other occupants of the Project (including Developer and any affiliates of Developer), to first list all new employment opportunities generated at the Project with the Department of Labor, Buffalo Employment Training Center and Workforce Investment Board. HARBORcenter Development, LLC agrees to use commercially reasonable efforts to foster and encourage utilization of the retail and restaurant portions of the Project by City of Buffalo and other locally -based businesses, including national and international franchises owned by local concerns. HARBORcenter Development, LLC agrees to use commercially reasonable efforts to cause at least 15% of the ice time at the Project to be available for public skating and /or community oriented events, including youth hockey, and agrees to work to develop strategies to encourage diversity among ice rink users. The Appraisal Review Board must review and accept the appraisal completed for the Property and forward said appraisal to the Common Council for its review and approval prior to the approval of the LDA. HARBORcenter Development, LLC agrees to conduct at least one design charrette in consultation with the City. HARBORcenter Development, LLC agrees to release the City, its agents, assigns, employees, officers, directors, departments, boards and commissions, for any and all liabilities associated with preexisting environmental conditions at the property. All utility relocation work must be done by and at the sole expense of the Developer. Any building permit fees and sewer and water tap -in fees for the Project shall not exceed $500,000 in the aggregate. The City has the additional protections of liquidated damages, performance bond, and a right to a reverter to insure the timely completion of project milestones. My administration will continue to update Your Honorable Body as the project develops and looks forward to presenting a formal LDA to be approved after the completion of the environmental review process, which is expected later this year. As always, my administration is available to discuss this very exciting project in greater detail and to answer any questions you may have. Thank you for your consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2 APPOINT DIRECTOR OF DEVELOPMENT(EXEMPT)(GANDOUR) Appointment effective 08/20/2012 in the Department of Mayor's Office of Strategic Planning, to the Position of Director of Development, Exempt at the Flat Salary of $65,000.00 Rebecca Gandour, 27 Barkley Place, Buffalo, NY 14209 RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 3 SUBMISSION OF MONTHLY REPORT- JULY 2012 The Office of 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 the month of July 2012, 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.4 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -3149 BAILEY (UNIV) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Buffalo Promise Neighborhood Early Childhood Education Center Location: 3149 Bailey Avenue Type of Action: Unlisted- Uncoordinated Description: Watts Architecture & Engineering, PC on behalf of Buffalo Promise Neighborhood and the Westminster Foundation is proposing the construction of a Daycare Center located at 3149 Bailey Avenue, Buffalo New York. The Center is intended to accommodate up to 150 children from infants to pre kindergarten age within a new 12,000 square foot building to be located on a 22,000 square foot site at the corner of Bailey Avenue at Amherst Street. The proposed building is single story pre- engineered structure housing eleven classrooms, a multipurpose space, administrative offices, prep kitchen, toilet rooms and storage along with a 5,500 square foot playground. Significant building materials will include architectural metal panels, ground face masonry, and a storefront glazing system including colored glass panels. Other features include a drop off area and parking for two vehicles. Parking for the facility will be located at the Westminster Charter School directly across from the Daycare Center that will include eight additional spaces for staff and visitors and twenty two spaces on the theater property just north of the project site. Construction is anticipated to begin in September of 2012 and be complete by June 1, 2013. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows. The new daycare center will provide daycare /education services to those families in need from the surrounding neighborhood as well as the greater buffalo area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 7t6 551 -5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -106 DOROTHY ST(FILL) This notice is issued pursuant to Pert 8t 7 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 66 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it re]alas to the environment: Action Title Goldman Titanium Location: 105 Dorothy Street Type of Action: Uncoordinated - Unlisted Description: Giusiena Architects & Engineers on behalf of Goldman Titanium is proposing the construction of a warehouse addition located at 105 Dorothy Street, Buffalo New York. Goldman titanium are proposing to expand their manufacturing and warehousing facility with a t00' by 120' addition. The addition will be an extension of the existing building and will be located on the rear of the property. The building is to be constructed with a pro- engineered frame with a concrete masonry base and metal roofing. Three sides of the building will be visible. The new addition will house a processing center and employee break room. The project is privately funded and is projected to cost approximately 200.000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow a well - established business remain viable and strong maintaining a presence as well as create five new jobs in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 718 851 -5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -62 FOUNDRY(NORTH) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Cold Storage Warehouse Location: 52 Foundry Street Type of Action: Uncoordinated - Unlisted Description: Zumbino construction Inc. is proposing the construction of storage building on the property located at 52 Foundry Street, Buffalo New York. The project involves site Improvements to the property including landscaping and fencing improvements to the front of the property. The building that will he 50' by 1 00' will be a stamped metal pane that will be strictly a storage building to hold overstocked construction supplies and material bought in bulk. Examples include wire mesh, steel forms, fiber mesh and non- perishable building material. All existing pavement will remain and be repaired where necessary. The property is located in an industrial area (M2 district) with some residential homes across the street in front of site (M1 district) on Gladstone Street. The West, North and South property lines abut an M2 district with an active rail line on the western edge.. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking Of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project Implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow a well established business remain viable and strong maintaining an important presence in the City of Buffalo, It will also clean up a site that was the site of a large fire many years ago. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in • magnitude or effect, There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 7 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -326 LOUISIANA ST(FILL) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 Action Title Morgan Services Incorporated Location 325 Louisiana St Type of Action Uncoordinated - Unlisted As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Description: Morgan Services Inc. is proposing the construction of a loading dock/building addition with parking improvements on the property located at 325 Louisiana Street, Buffalo New York. The project involves site improvements to the existing Morgan Services facility located at the southwest quadrant of South Park Avenue and Louisiana Street intersection, The entire site occupies just under three acres and the immediate affected area involves just under one - half acre (.48) of the entire site. The scope of work includes pavement, grading and site drainage improvements as well as landscaping and site screening. The project will also include a 2,275 square foot building addition that will be utilized as an expanded loading dock. The building addition is the easternmost structure on the site. Split faced masonry will be used for the building exterior. The improvements are necessary to handle the increase business the Morgan Services has had recently. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow a well - established business remain viable and strong maintaining an important presence in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -716 851 -5085 RECEIVED AND FILED NO. 8 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -563 RILEY ST(ELL) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Deaconess Center, Abatement, Demolition, Site Restitution Location: 503 Riley Street Type of Action: Type I - Unlisted Description: Architectural Resources on behalf of Kaleida Health is proposing the demolition of the building of located at 583 Riley Street, Buffalo New York. The project will include the installation of protective measures including fencing, filters, erosion control measures, washing stations, and tree protection to minimize the impact to the surrounding neighborhood. The abatement project will include the removal of all hazardous materials and legally dispose of them in compliance with local federal regulations. The building demolition requires that the building structures above and below grade be removed by mechanical means only. No explosives or swinging devices /wrecking balls will be permitted, Site restitution removes all utilities and the regarding and landscaping of the site. All sidewalks and perimeter construction will be repaired and replaced to match the existing conditions. The project will provide drainage structures to capture and divert surface water to the city sewer system. The end of the demolition will require the removal of all site protective measures. Upon completion of the site restitution, the title will pass from Kaleida Health to the Community action Organization of Erie County (CAO). The future site will include proposed housing, mixed- use commercial as well as the new headquarters building for the Community Action Organization. The State Office of Parks, Recreation and Historic Preservation are reviewing this project as an interested agency. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows, The demolition contractor has provided the proper demolition procedures as well Kaleida working with the CAO to redevelop the site into a positive future use providing assistance to individual and families that partake in CAD's services. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 9 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -890 TIFFT ST(SOUTH) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mulroy Park at Pierce Field Location: 890 Tifft Street Type of Action: Coordinated - Type 1 Description: Savarino Companies on behalf of The Buffalo Legacy Project is proposing the rebuilding of the existing park located at 890 Tifft Street, Buffalo New York. The project will include a new multi- purpose sports field, new practice field, improvement of an existing paved surface for a new parking lot and new landscaping to promote site drainage on a historically wet area. The project will be phased to allow the community to have quick access to the site. Future development will include the proposed field house, larger bleachers and a press box. The Buffalo Legacy project Inc. is a not for profit, 501 c3 community based organization that is focused on designing a modem community athletic and recreational facility that will meet various health and wellness needs of individuals and families living in the City of Buffalo. The Legacy Project was chosen by the Department of Public Works for the management, maintenance, operation and improvement of Mulroy Park, Pierce Field based on a proposal response to a Department of Public Works RFP in February 2012. The project sponsor intents to leverage initial public investments to privately finance a significant portion of the athletic complex. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow an established park to be rejuvenated into a neighborhood athletic complex that will be regularly visited by community residents as well as being maintained by the buffalo Legacy Project Group on an ongoing basis. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 10 STATE ENVLRONMENTAL QUALITY REVIEW ACT LEAD AGENCY FINDINGS STATEMENT FINDINGS TO APPROVE Date: July 31, 2012 Pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]), The City of Buffalo Planning Board, as SEQRA Lead Agency, issues the following Findings Statement. Name of Action: Women's and Children's Hospital of Buffalo - BNMC Campus ('WCHOB ") Project Sponsor: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicant is proposing to construct an approximately 430,000 sq. ft., 251' high Women's and Children's Hospital ( "Project ") at the north -west corner of High Street and Ellicott Street, Buffalo, New York ( "Project Site ") with a direct link to the adjacent Buffalo General Medical Center ( "BGMC ") and Ciminelli Development's proposed Medical Office Building ( "MOB "). The Project Sponsors and this SEQRA review process also analyzed the potential cumulative impacts associated with the closing of the existing Women's and Children's Hospital of Buffalo located on Bryant Street in the City of Buffalo. While no reuse of the existing facility is currently known or proposed, this SEQRA review process specifically looked at the environmental impacts associated with vacating the existing facility. Location: 818 Ellicott Street, Buffalo, New York. Date FEIS Accepted as Complete: May 22, 2012 Martin Grunzweig, Principal Planner City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5085 RECEIVED AND FILED NO. 11 SEQRA FINDINGS STATEMENT FOR THE WOMEN'S AND CHILDREN'S HOSPITAL OF BUFFALO AND ZBA FINDINGS STATEMENT FOR AN AREA VARIANCE FOR THE WOMEN'S AND CHILDREN'S HOSPITAL OF BUFFALO To All Interested and Involved Agencies: Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing the City of Buffalo Planning Board's Findings Statement for the recently approved Women's and Children's Hospital of Buffalo ( "WCHOB ") located on the Buffalo Niagara Medical Campus. Also enclosed is a Zoning Board of Appeals ( "ZBA ") Findings Statement for a Height Variance regarding the WCHOB. If you have any questions or concerns regarding the Findings Statements or the Project, please do not hesitate to contact me at the City of Buffalo Planning Department at (716) 851 -5085. Sincerely, State Environmental Quality Review Act Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals ( "ZBA ") makes the following findings. Name of Action: Women's and Children's Hospital of Buffalo - BNMC Campus Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicant is proposing to construct an approximately 430,000 sq. ft., 251' high Women's and Children's Hospital of Buffalo ( "WCHOB ") at the north -west comer of High Street and Ellicott Street, Buffalo, New York with a direct link to the adjacent Buffalo General Medical Center and proposed Medical Office Building. 818 Ellicott Street, Buffalo, New York City of Buffalo Planning Board Agency Jurisdiction: Pursuant to § 511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §81 -b, the City of Buffalo ZBA has jurisdiction to consider variances from requirements of the City of Buffalo Zoning Code. Here, the Applicant is seeking an Area Variance from the height limitation found in §511 -41 of the Code. The proposed height of WCHOB is 251'± and the City of Buffalo Zoning Code limits the height to 66' (based upon the distance from the structure to the opposite side of Ellicott Street). Date Final Environmental Impact Statement Accepted: May 22, 2012 Martin Grunzweig City of Buffalo Office of Strategic Planning 90i City Hall Buffalo, New York 14202 Phone: (716) 851 -5085 RECEIVED AND FILED NO. 12 RESOLUTION 818 ELLICOTT PRELIMINARY LAYOUT APPROVAL 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 31 st day of July 2012, a resolution was adopted of which the following is a true copy: Present: James A. Morrell - Chairman Frank A. Manuele Horace A. Gioia Cynthia A. Schwartz Henry L Bums Michael J. Lyons Martha Lamparelli Henry Burns The following resolution was introduced: WHEREAS, on September 23, 2011, Kaleida Health, Kaleida Properties, Inc., General Home Care, Inc., and High Street Medical Associates, Inc. (collectively "Initial Applicants "), pursuant to §421 -i et. seq. of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §§ 32 and 33, submitted a Letter of Intent ( "LOI "), including Exhibits A -I, to the City of Buffalo Planning Board (,'Planning Board "), in furtherance of the Initial Applicants' request for Preliminary Layout approval for the proposed subdivision of land ( "Preliminary Layout ") associated with the Proposed Women's and Children's Hospital of Buffalo ( "Project ") within the block bounded by Main Street on the west, Ellicott Street on the east, Goodrich Street to the north and High Street to the south, and located in the City of Buffalo, State of New York ( "Project Site "); and, WHEREAS, on July 19, 2012, the current owners of the Project Site, Kaleida Health and Kaleida Properties, Inc. (collectively "Applicants ") submitted a Supplemental LOI, including Exhibits A and B, in furtherance of the request for Preliminary Layout approval for the proposed subdivision of land associated with the development of the Project Site; and WHEREAS, the Applicants have provided information in the LOI and Supplemental LOI supporting the request for Preliminary Layout approval; and WHEREAS, a meeting was held on the matter on July 31, 2012 where the Applicants presented the Preliminary Layout design details; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to City Code § 421 -7 et seq., received and reviewed the Application materials for the Preliminary Layout and after discussing this matter, has decided to approve the Preliminary Layout as presented on July 31, 2012; 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 ") associated with the Preliminary Layout and associated construction of the Women and Children's Hospital of Buffalo ( "WCHOB "), submitted to the Planning Board as Exhibit "H" of the aforementioned LOI, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the construction of the WCHOB had the potential for significant adverse environmental impacts and, required a Draft Environmental Impact Statement ( "DEIS "); on November 22, 2011 the Planning Board accepted the Scope for the DEIS; and Applicants then prepared a DEIS, which was reviewed by the Planning Board and approved for public review and comment on January 31, 2012; a public hearing was held on February 28, 2012; the Final Environmental Impact Statement ( "FEIS ") was completed and accepted on May 22, 2012; and on July 31, 2012 the Planning Board has adopted a Positive Findings Statement for the Project; and Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 421 -7 et. seq., as follows: 1. The Applicants are seeking Preliminary Layout approval for an approximately 3.44 acre parcel of land bounded by Main Street on the west, Ellicott Street on the east, Goodrich street to the north and High Street to the south. 2. That the Planning Board has made the following determinations with respect to the Applicants' request for Preliminary Layout Approval: That the Preliminary Layout does not conflict with the Master Plan or the Official Map of the City; That the potential environmental impact of the Preliminary Layout has been minimized to the greatest extent practicable; That there are no extensions of existing streets into the area proposed to be subdivided; That there are no unsubdivided lands adjoining the proposed subdivision; That there are no half streets associated with the proposed subdivision; That the tract is not subdivided into parcels larger than ordinary building lots, necessitating an arrangement to allow the opening of future streets and further resubdivision; That the proposed subdivision does not require marginal access streets or other comparable techniques to separate through traffic; That the proposed subdivision does not contain or abut a railroad right -of -way or limited access highway right -of -way requiring a parallel streets; That no strip or area of land in the proposed subdivision is reserved, preventing access to any street, half street or alley by adjacent property owners; That there are no permanent dead -and streets, minor streets, major streets, primary streets, secondary streets, collectOr streets, marginal access streets or cul -de -sac streets within the proposed subdivision; That the lots, buildings or structures shall be given house numbers as provided in Chapter 109 of the City Code; That there are no alleys within the proposed subdivision; That the block of the proposed for subdivision is not irregularly shaped and will provide adequate off - street areas for parking, loading docks and other facilities required to accommodate motor vehicles; That the block of the proposed subdivision is less than 800 feet in length; That the proposed subdivision does not include a special planned development or residential lot; That the area of street right -of -ways has not been included in calculating the area of the lot with respect to the minimum lot area requirements; That the lots are laid out in a manner suitable for the intended use and development thereof; That the location of building setback lines conforms to the provisions of the Zoning Ordinance; and That the proposed subdivision is not traversed by a watercourse, drainage -way, channel or stream. 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 31 st day of July, 2012 Upon roll call vote: 5 AYE'S 0 NO'S 1 ABSTENTION [City of Buffalo Planning Board Certification of Votes] RECEIVED AND FILED NO. 13 RESOLUTION 818 SITE PLAN APPROVAL BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board hem at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 31 st day of July 2012, a resolution was adopted of which the following is a true copy." Present: James A. Morrell - Chairman Frank A. Manuele Horace A. Oioia Cynthia A. Schwartz Henry L. Bums Michael J. Lyons Martha Lamparelli Henry Bums The following resolution was introduced: WHEREAS, on July 29, 2012, Kaleida Health ( "Applicant "), pursuant to §511 -137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent ( "LOI "), including Exhibits A -F, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicant's request for Site Plan approval for the proposed Women and Children's Hospital of Buffalo ( "WCHOB ") project (hereinafter referred to as "Project ") located 830 Ellicott Street, also known as 818 Ellicott Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicant has provided information in the LOI supporting the request for Site Plan Approval for the WCHOB; and WHEREAS, a public hearing was held on the matter on July 31, 2012 at 8:15 a.m. where the Applicant presented the final design 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 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on July 31, 2012; 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 Applicant prepared a Full Environmental Assessment Form ( "FEAF ") associated with the Project, submitted to the Planning Board as Exhibit "F" of the aforementioned LOI, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the construction of the WCHOB had the potential for significant adverse environmental impacts and required a Draft Environmental Impact Statement ( "DEIS "); on November 22, 2011 the Planning Board accepted the Scope for the DEIS, and Applicant then prepared a DEIS, which was reviewed by the Planning Board and approved for public review and comment on January 31, 2012; a public hearing was held on February 28, 2012; the Final Environmental Impact Statement ( "FEIS') was completed and accepted Oil May 22, 2012; and on July 31, 2012 the Planning Board adopted a Positive Findings Statement for the Project; and WHEREAS, the Planning Board has determined that the potential environmental impact of the Project has been minimized to the greatest extent practicable. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicant is seeking Site Plan approval for an approximately 430,000 square foot, 12 story hospital on the east side of the block bounded by Goodrich Street to the north, Main Street to the west, High Street to the south and Ellicott Street to the East. The WCHOB is 251' ± in height and a mix of concrete and glass features. 2. That the Planning Board has made the following determinations with respect to the Applicant's request for Site Plan Approval for the Project: a. That the Project will comply with the New York State Uniform Fire Prevention and Building Code; b. That the potential negative environmental impacts of the Project have been avoided and mitigated to the greatest extent practicable pursuant to the SEQRA review process and recommendations associated therewith arising from the EIS process for the Project; c. That the proposed design for the WCHOB is consistent with surrounding uses while minimizing its visual and aesthetic impacts upon nearby properties; d. The design of entrances and traffic circulation surrounding the WCHOB, minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; e. The Project, as proposed, includes transit stop waiting areas and shelters where appropriate; f. The Project will adequately control storm water runoff and will comply with all applicable standards; g. The Project will add additional landscaping as required and the Applicant will contribute to the City of Buffalo green fired for the minor deficiency in required green space; h. The Project provides adequate fire lanes, emergency zones and fire hydrants; i. The structure is not anticipated to result in any ponding, flooding and /or erosion; and j. The Projects' overall impact on the neighborhood will be positive and it's design is compatible with the surrounding uses, structures and buildings. 3. That the proposed Site Plan contains approximately 13% (11,540 sq. ft.) landscape coverage where 20% (17,754 sq.ft.) is required under the Zoning Code. The Planning Board approves the Site Plan and grants a waiver for the lesser amount, providing the Applicant contribute to the Buffalo Urban Forest Fund. Since the Applicant is considering a green roof for a portion of the building to potentially satisfy stormwater control requirements, the final amount of the contribution can be calculated upon the addition of a green roof, if chosen. 4. That the City of Buffalo Zoning Board of Appeals has approved the height variance necessary to facilitate the Project as proposed. 5. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 31 st day of July 2012. Upon roll call Vote: 5 aye's 0 no's 1 Abstention [City of Buffalo Planning Board Certification of Votes] RECEIVED AND FILED NO. 14 RESOLUTION OF THE CITY OF BUFFALO 'PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR GOSPA VILLAGE Project Name: Gospa Village Project Description: St. Luke's Mission of Mercy (Madonna of the Streets, Inc., a not - for - profit corporation) (the "Applicant ") intends to undertake the following actions: construction of twelve (12) single - family homes and a community center on sixteen (16) vacant parcels of land located on the block bounded by Walden Avenue, Oberlin Avenue, Sycamore Street and Ruhland Avenue in the City of Buffalo, New York; and make certain improvements to the Site including: (a) installation of interior walkways, landscaping, and recreational features; and (b) construction of a surface parking lot adjacent to the community center with nine (9) spaces. Location 115 -131 and 109 Ruhland Avenue, 131, 128, 120 and 118 Oberlin Avenue and 1268 -1286 Sycamore Street, City of Buffalo ( "City "), Erie County, New York. SEQR Status: Type I Unlisted XX Determination of Significance: Negative Declaration XX Positive Declaration Whereas The Applicant has submitted an application for City -Wide Design and Site Plan approval to the City of Buffalo Planning Board ( "Planning Board "); and Whereas The Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project (see attached list of supporting documentation) and having considered the comments and points of view of the public; and Whereas The record demonstrates that to the extent there are adverse environmental impacts associated with the Project, where necessary, all adverse impacts have been mitigated to the greatest extent possible and that none of these impacts will be significant; and It is appropriate that the Planning Board as lead agency in this uncoordinated review issue a negative declaration for the Project- NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT: 1. This Project consists of the construction of a new residential community on vacant parcels on Buffalo's East Side with landscaping and recreational features that will increase the capacity of St. Luke's to carry out its Mission of helping those in need and providing mothers and children the stable environment and support necessary to become independent, contributing members of the community. 2. The Project is consistent with the goals of local land use plans such as the East Buffalo Good Neighbors Planning Alliance Neighborhood Plan and the City's Comprehensive Plan to support housing programs offering people an attractive place to live in the City, focused neighborhood investment, and housing rehabilitation and new construction to manage the size and quality of Buffalo's housing stock. 3. Water drainage from the Project will be conveyed to vegetative filter areas throughout the Site, thus drainage from the Project will not have a significant adverse effect on the environment. 4. The Project will discharge sanitary waste water to existing sewer lines and will not entail the types of activities or operations that are associated with a significant potential for groundwater contamination. The Project will not be a significant source of air emissions or odors. 6. The Site is surrounded by residential and commercial development and does not possess significant ecological value. There are no sensitive animals, plants or natural communities and /or significant wildlife habitat that will be impacted by the development of the Project. The Project does not involve any agricultural land. 8. The Project will transform vacant parcels into an aesthetically pleasing, new residential development in a distressed area of Buffalo's East Side, in a style and form that is consistent with surrounding housing and St. Luke's Church, thus adding visual appeal to the neighborhood. 9. The Site does not contain historically significant resources and is not designated as a potential area of sensitive archeological resources, thus the Project will not have an impact on cultural resources. 10.The Site does not comprise public open space and is not used for recreation. 11. The Project is not located in or substantially contiguous to any Critical Environmental Area. 12. Existing utility lines serve the Site and no significant improvements are necessary to accommodate the Project. 13. Operation of the Project is not expected to appreciably increase ambient noise levels. 14. The Project will not result in significant population growth and is very consistent with community plans for transforming vacant land into active use and encouraging growth of the community. 15. The Project will not result in any significant impacts associated with solid waste generation. The solid waste will be collected by a private carter for transport to existing solid waste disposal facilities, and recycling will occur in accordance with local requirements. 16. The Project will not result in a significant increase in traffic generation, because the Project will generate little additional traffic that can be easily absorbed into the existing road network. CONCLUSIONS 17. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQR is hereby issued. 18. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental Conservation Law). This Resolution was adopted by a majority vote of the Planning Board on July 31, 2012 and shall serve as the Negative Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Planning Board, acting as lead agency, in an uncoordinated environmental impact review pursuant to SEAR. For further information contact City of Buffalo Planning Board Mr. Martin Grunzweig Room 901 City Hall Buffalo, New York 14202 Supporting Documentation Letter of Intent and attachments thereto, dated July 12, 2012, submitted by Phillips Lytle LLP for City -Wide Site Plan Review and Approval, RECEIVED AND FILED NO. 15 SITE PLAN AND DESIGN APPROVAL 818 -830 ELLICOTT Construction of Women's & Children's Hospital, 818 -830 Ellicott Street Dear Mr. Romanowski: The City of Buffalo Planning Board, at a meeting held on Tuesday, July 31, 2012 considered the matter captioned above pursuant to Section 511- 137 of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511 -145 and 511 -146 of the Buffalo Code. A New York State Environmental Quality Review (SEAR) was completed with a Findings Statement adopted by a majority vote of the City of Buffalo Planning Board serving as lead agency at its July 31, 2012 regularly scheduled meeting- The City of Buffalo Planning Board voted to approve as presented the sit plan and design dated June 29, 2012 for the construction of Women's and Children's Hospital located at 818 -830 Ellicott Street, Buffalo New York. This approval is valid until July 31,2013. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 16 TISHMAN BUILDING REDEVELOPMENT PROJECT ABANDONMENT OF A PORTION OF PEDESTRIAN /SIDEWALK AREA OF LAFAYETTE SQUARE (NON- PARKLAND AREA) AND PEDESTRIAN /SIDEWALK AREA OF MAIN STREET TO FACILITATE CONDITIONAL ROADWAY AND PORTE COCHERE EASEMENT AGREEMENT, REVOCABLE SIDEWALK CAFE LICENSE AGREEMENT AND ACCESS AGREEMENT (SEE ATTACHMENT) E!LICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Hamister Hospitality Wake, LLC requesting a Conditional Roadway and Porte Cochere Easement Agreement, Revocable Sidewalk Caf6 License Agreement and Access Agreement (The "Agreement ") for certain portions of City Right of Way to facilitate the redevelopment of the Tishman Building at the corner of Main and Lafayette Square. The Agreement is necessary for the redevelopment of the Tishman Building (former National Fuel Headquarters) to, among other things, allow their customers to load and unload. The Tishman Building will be renovated into a 123 room Hilton Garden Inn Hotel with a restaurant, fitness center and bar and up to 3 floors of office use and up to three floors of apartment use. The total cost of the project will be up to approximately $35,000,000. The project will include a customer vehicle pull off roadway /driveway area and porte cochere both to be located in the easement area and valet parking for the guests of the hotel and the visitors to the Tishman Building. The revocable Sidewalk Cafe License Agreement component of the Agreement facilitates a sidewalk car6 amenity at the project and the Access Agreement component of the Agreement facilitates the Hamister Group's access for construction /redevelopment activities a the Tishman Building. This project will take a vacant building in the heart of downtown Buffalo and convert it into a vibrant Hotel, a business hub and upscale rental units for individuals /families that enjoy downtown living and amenities bringing long term stability to one of the most important and visible locations in the City of Buffalo. The Division of Real Estate forwarded the Hamister request to the Land Use Planning Committee, the Department of Public Works, Parks & Streets and the Planning Board for their review and approval. The Planning Board has indicated that they approved the project. The Department of Public Works, Parks & Streets has indicated that they have no objections for the proposed improvements based on the preliminary design and believes any issues can be handled in final design to ensure it integrates optimally with existing traffic conditions and potential future conditions with the Cars on Main Street Project. In accordance with Article 27.5 of the City Charter, the Hamister Group commissioned Howard P. Schultz, Appraiser to estimate the fair market value of the easement on the subject property. Mr. Schultz has estimated the fair market value of the easement to be $167,000.00. The City of Buffalo Appraisal Review Board concurs with the Appraiser's estimate of the value of the easement. The Hamister Group has agreed and is prepared to pay a total of $167,000.00 for a non - exclusive easement for the use of a portion of the pedestrian /sidewalk right of way area at the northeast corner of Main Street and Lafayette Square. The Hamister Group will also pay for the appraisal, transfer tax, recording fees and any other costs associated with this Agreement. The Hamister Group will also pay $5.00 per square foot annually, in advance, for the area of the Sidewalk Caf6 on Main Street under the provisions of the Revocable Sidewalk Caf6 License Agreement. Since this involves granting a private party (Hamister Group's Hamister Hospitality Wake, LLC) easement interests in public space (a portion of the pedestrian the sidewalk public right of way at the northeast corner of Main Street and Lafayette Square), the same procedures involved in an abandonment or closing of a street are applicable and advisable. Therefore, in accordance with the City Charter, the abandonment and closing of a street or right of way. is a matter that is referable to the City of Buffalo Planning Board for their review and recommendation. A negative declaration that was prepared by the City of Buffalo Planning Board dated March 27, 2012 determined that the redevelopment of the Tishman Building which included the customer vehicle pull off area, porte cochere and valet parking for guests, would have no adverse impact on the environment; therefore, no further SEQRA review is required.. I am recommending that Your Honorable Body approve the proposed Agreement and the easement to the Hamister Hospitality Wake, LLC, or an entity to be designated by the Hamister Group, providing the following conditions are satisfied: 1. The City of Buffalo Planning Board recommends and approves the abandonment of the right of way /easement area to the extent necessary. 2. In accordance with standard abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 18 of September 2012. 3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council. 4. That the final design /plans in reference to the easement area are to be submitted to the Department of Public Works for their review and approval before construction can start. 5. That the Department of Public Works is kept apprised of the proposed construction project and that the Department of Public Works monitors the progress of any right of way concerns or issues, if and when they should arise. 6. Hamister Hospitality Wake, LLC, or an entity to be designated by the Hamister Group, agrees to address any right of way concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works. 7. Any and all utilities located within the right of way will be preserved and protected as necessary with easements and /or any other necessary precautions and /or documentation all as set forth in the Agreement. 8. The official closing /abandonment of the above referenced right of way will not become effective until the Agreement creating and conveying the easement is filed in the Erie County Clerk's Office. 9. The terms and conditions of the proposed Agreement and easement shall be substantially similar to those outlined in the attached Agreement. The final draft of the Agreement and easement shall be negotiated to finalization and subject to review and approval of the Department of Strategic Planning and the City of Buffalo Corporation Counsel's Office. I am recommending that Your Honorable Body approve the proposed Agreement and easement to Hamister Hospitality Wake, LLC, or an entity to be designated by the Hamister Group, in consideration of payment in the amount of $167,000 for the easement and $5.00 per square foot annually in advance for the area of the Sidewalk Caf6 on Main Street for the Revocable License Agreement. providing the above stated conditions are satisfied and that Your Honorable Body: 1. Authorize the Mayor to execute the Agreement (granting the easement, revocable license agreement and access agreement) to be negotiated to finalization and approved to form by the Law Department to facilitate the Tishman Building redevelopment project; and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Agreement. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 LIBERTY AFFORDABLE HOUSING INC., MARINER TOWERS ASSOCIATES LLC, MARINER TOWERS ASSOCIATES LLC, MARINER HOUSING DEVELOPMENT FUND COMPANY, INC. PILOT 186 EFNER (ELL) Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie and Liberty Affordable Housing Inc., Mariner Towers Associates LLC, and Mariner Housing Development Fund Company, Inc . This Project known as the Mariner Tower Apartments consists of the rehabilitation of the 292 unit housing complex located at 286 Efner in the Niagara District of the City of Buffalo. The proposal calls for the scope of work that will consist of replacing the windows and patio doors, all kitchens will be upgraded with new appliances floors cabinets and countertops. The bathrooms will receive new floors toilets tubs surrounds and accessories. All new laundry equipment will be purchased. The Tower buildings will be repointed and sealed. The roofs on all buildings will be replaced. All common areas will be upgraded. Sprinklers will be installed in the Towers and all elevators will be replaced. All of the units will be affordable for households at or below 50% of the area median income. The projected total rehabilitation cost will be up to approximately $40,003,273.00. The amount of the PILOT payments is 20% higher than the current applicable City PILOT policy, which provides for payments in the amount of 3% of gross rent assuming a 5% vacancy. Payments will increase by three percent per year for the duration of the Pilot. However, the duration of the PILOT will be for thirty two (32) years as opposed to the baseline policy term of fifteen (15). The reason why the PILOT is for a thirty two (32) year term instead of the standard fifteen (15) year term is because the HCR financing for the project is for thirty (30) years plus an eighteen (18) month construction period and the developer needs to demonstrate that it can cover the debt and other expenses for the entire financing term but can't do so without the extended or special" PILOT. REFERRED TO THE COMMITTEE N COMMUNITY DEVELOPMENT NO. 18 STRAT PLAN - REPORT OF SLAE -503, 515 AND 523 SWAN SWAN (ELL) Report of Sale 503 Swan, 140.25' E Spring Lot Size: 30'x 100' Assessed Valuation: $1,600. 515 Swan, 260.25' E Spring Lot Size: 36'x 100' Assessed Valuation: $1,800. 523 Swan, 332.25' E Spring Lot Size: 30'x 100' Assessed Valuation: $1,600. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Kevin Hayes, on behalf of 500 Seneca Street, LLC, 26 Mississippi Street, Suite 400, Buffalo, New York 14203 to purchase 503, 515 and 523 Swan Street. 500 Seneca Street, LLC is in the process of redeveloping 500 Seneca Street into an office complex. The subject properties will be paved and used for parking for their office complex. In addition, 500 Seneca Street, LLC is in the process of purchasing 493, 519 and 525 Swan (vacant lots) from BNRC, which are all adjoining to the office complex also. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. 500 Seneca Street, LLC commissioned Mr. Gregory Klauck, real estate appraiser, of Klauck, Lloyd & Wilhelm, Inc. to estimate the fair market value of 503, 515 and 523 Swan Street. He has estimated the total fair market value to be $8,850 for all three vacant lots. The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraisers' estimate of value. 500 Seneca Street, LLC has agreed and is prepared to pay Eight Thousand Eight Hundred Fifty Dollars ($8,850.). 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 503, 515 and 523 Swan to 500 Seneca Street, LLC and /or entity to be formed in the amount of Eight Thousand Eight Hundred Fifty Dollars ($8,850). 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 19 STRAT PLAN - REPORT OF SALE -463 E. UTICA (ELL) Report of Sale 463 E. Utica, 66.98'W Wohlers Lot Size: 30'x 142' Assessed Valuation: Land $2,100. Improvement: $23,800. Total $25,900. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Priscilla Lee Geter, 463 East Utica Street, Buffalo, New York 14208 to purchase 463 East Utica Street. Ms. Geter has been a tenant at this property since the City acquired it. She intends to renovate the property and continue to use as a place of residence. She has estimated the cost of renovations to be Two Thousand Five Hundred Dollars ($2,500.) and has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 3,024 square feet, two and one half story, two family dwelling in fair condition situated on a lot 30'x 142'. The property was acquired by the City through In Rem #43, 10/26/09. There have been no other qualified /eligible offers for the property since being acquired by the City The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Geter has commissioned Ms. Pamela Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value of the subject property. She has estimated the fair market value to be Fifteen Thousand Dollars ($15,000.). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Geter has agreed and is prepared to pay Fifteen Thousand Dollars ($15,000.). She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 463 East Utica Street to Ms. Priscilla Lee Geter in the amount of Fifteen Thousand Dollars ($15,000.). 1 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 20 STRAT PLAN - REPORTOF SALE 462 W. UTICA (NIA) Report of Sale 462 West Utica, 310.85'W Richmond Lot Size: 50'x irregular 84.35' S Utica West Assessed Valuation: $6,400. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David Weitzel, on behalf of W -IF Properties, LLC, 6 Creekwalk Drive, Cheektowaga, New York 14225 to purchase 462 West Utica Street. WTF Properties, LLC owns a multiple residence at 458 Vermont, which is adjacent to 462 West Utica. This vacant lot encroaches into 458 Vermont. They intend to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showed similar sales in the area range from Twenty Eight Cents ($.28) to Thirty Five Cents ($.35) per square foot. WTF Properties, LLC has agreed and is prepared to pay Two Hundred Dollars ($200.) Twenty Eight Cents ($.28) per square foot for the subject 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 462 West Utica Street to WTF Properties, LLC and /or entity to be formed in the amount of Two Hundred Dollars ($200.). 1 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 30, 2012 be received and filed; That the offer from Mr. David Weitzel, on behalf of WTF Properties, LLC, 6 Creekwalk Drive, Cheektowaga, New York, in the amount of Two Hundred Dollars ($200.00) for the purchase of 462 West Utica, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the Transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 8, NOES 0 NO. 21 STRAT PLAN - REPORT OF SALE 393,397 AND 399 WALDEN (FILL) Report of Sale 393 Walden, 56W Keens Lot Size: 30'x 136' Assessed Valuation: $1,600. 397 Walden, 26W Keens Lot Size: 30'x 128' Assessed Valuation: $1,600. 399 Walden, W Corner Keens Lot Size: 25'x 11 8' Assessed Valuation: $2,300. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Nadina M. Powell, 391 Walden Avenue, Buffalo, New York 14211 to purchase 393, 397 and 399 Walden Avenue. Ms. Powell owns and resides at 391 Walden Avenue which is adjacent to 393, 397 and 399 Walden Avenue. She intends to use the vacant lots for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. 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 and accepted by the Appraisal Review Board show similar sales in the area range from $25 cents per square foot to $.85 cents per square foot. Ms. Powell has agreed and is prepared to pay Three Thousand Dollars ($3,000.) for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 393, 397 and 399 Walden Avenue to Ms. Nadina Powell in the amount of Three Thousand Dollars ($3,000.). 1 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 28, 2012, be received and filed; That the offer from Ms. Nadina M. Powell, 391 Walden Avenue, Buffalo, New York in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 393, 397, and 399 Walden Avenue, be and hereby is accepted; and That the transfer tax, recording fees and costs of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 8, NOES 0 NO. 22 STRAT PLAN - REQUEST FOR EASEMENT -USE PORTION (APPROX 3.86) OF 332 ELLICOTT (ELL) The Office of Strategic Planning, Division of Real Estate, has received a request from Rocco Termini on behalf of 338 Ellicott Street; LLC to use approximately 3.86' of city owned property located at 332 Ellicott, which is adjacent to their property. 338 Ellicott Street, LLC intends to renovate the building at 338 Ellicott Street into a restaurant. Their building at 338 Ellicott Street is lacking an emergency exit, which is required by code. The city owned property at 332 Ellicott is currently being used by the Fire Department for their alarm headquarters. There is a 3.86' strip of unused land between the city's fire alarm building and the end of the city's property line. 338 Ellicott Street, LLC is proposing to use this strip of land for an emergency egress for their patrons. The Land Use Planning Committee was contacted and they have no objections. The Fire Department was also contacted and they have no objections provided if the City shall have a need for the space that the easement shall have a right to terminate. Mr. Termini commissioned, David M. Carlon, Appraiser from GAR Associates to determine the easement value of the subject property. Mr. Carlon has determined the easement value to be Two Hundred Seventy -Four Dollars ($274.00) annually. The Appraisal Review Board concurs with the Appraiser's estimate of value. The Office of Strategic Planning, Division of Real Estate, is requesting that Your Honorable Body approve the use of 332 Ellicott Street to be used for an emergency egress only with the following conditions: 1. That the Grantee of said easement is responsible for the maintenance of said strip of land, which shall include but not limited to cutting, cleaning and the removal of snow, and ice. 2. The Grantee will provide to the City of Buffalo with required insurance type and amount will be determined by the City of Buffalo Corporation Counsel's Office. 3. If there are utilities and /or other easements in the subject area, 338 Ellicott Street, LLC must provide said parties access to the easement area. 4. The City shall have a right to unilaterally terminate with or without cause upon 120 days written notice. 5. The easement agreement shall also state in the event that 332 Ellicott is no longer used as a restaurant, the City shall have the right to terminate the easement. 6. The easement agreement shall include any and all terms deemed necessary by the City of Buffalo Corporation Counsel's Office. I am recommending that Your Honorable Body approve the easement agreement between the City of Buffalo and 338 Ellicott Street, LLC, or an entity to be formed, upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary easement agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 23 BOND AUTHORIZATION RESCINDING -OIL TANK REPLACEMENT The Department of Plant Services within the Buffalo Central School District has requested that the following authorized bond resolution, which has not been issued, be rescinded due to lack of viability. 2009 Oil Tank Replacement $820,000 Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated August 15, 2012, be received and filed; and That the Comptroller is hereby authorized to rescind the bond resolution, which has not been issued due to lack of viability for Oil Tank Replacement in the amount of $820,000.00 PASSED AYES 8, NOES 0 NO. 24 COMPTROLLER'S ESTIMATE & REPORT, 2013 CAPITAL IMPROV BUDGET AND 5 YR PLAN Dear Mayor Brown: Pursuant to Section 20 -21 of the Charter of the City of Buffalo, enclosed please find the Comptroller's Estimate and Report. Please feel free to contact me if you have any questions or concerns. Sincerely, Mark JF Schroeder REFERRED TO THE COMMITTEE ON FINANCE NO. 25 REFUNDING BOND RESOLUTION - SPECIAL PROGRAM REVENUE BONDS, 2001 SERIES A I am requesting that at the September 4, 2012 meeting, the Common Council pass by 2/3 majority, the bond resolution authorizing the refunding of Special Program (City of Buffalo) Revenue Bonds, 2001 A originally issued on May 31, 2001 to fund a portion of the settlement agreement entered into between the District and the Buffalo Teachers Federation on December 15, 2000. The refunding of this debt will take advantage of lower interest rates and the improved credit rating on the transaction from 'Al' to 'Aa3' by Moody's (achieved by an improved credit structure) by reducing the amount of interest costs. This is similar to a homeowner refinancing their mortgage. The refunding will: • Reduce the interest rate on this debt from 5.23% to 3.46% • Result in a Total Budgetary Savings of $13.2 million in interest costs (the "Present Value" savings, which adjusts the actual savings to account for the time value of money and a District cash reserve contribution, is $4.5 million) for the Board of Education • Results in an Average Annual Budgetary Savings of approximately $699,000 over 19 years (2012 through 2031). 1 intend to execute this transaction before the Common Council's September 18 meeting, so passage by 2/3 majority at the September 4, 2012 meeting is crucial. If you have any questions, please feel free to contact me or the Executive Assistant to the Comptroller, Patrick J. Curry at 851 -5290. Mark J. F. Schroeder Comptroller Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated August 30, 2012, be received and filed; and That the Comptroller is hereby authorized to refund Special Program (City of Buffalo) Revenue Bonds, 2001 A, originally issued on May 31, 2001 to fund a portion of the settlement agreement entered into between the District and the Buffalo Teachers Federation on December 15, 2000. PASSED AYES 8, NOES 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 26 NOTIFICATION SERIALS 10636 -10640 (WAIVE 45 DAYS) NOTIFICATION SERIAL #10636 METERED PARKING — REPEAL ON LAFAYETTE AVENUE. SOUTH SIDE BETWEEN GATES CIRCLE AND THE EAST PROPERT) LINE OF #765 LAFAYETTE AVENUE ( DELAWARE DISTRICT) PARKING METERS - 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. HIGHWAY LOCATION PORTION OF HIGHWAY Lafayette Avenue, south side between Gates Circle and the east property line of #765 Lafayette Avenue This action is being taken due to the closing of the Minard Fillmore Gates Circle Facility, and the demand for more on street residential parking in this vicinity. NOTIFICATION SERIAL #10637 METERED PARKING — REPEAL ON GATES CIRCLE, SOUTHWEST QUADRANT BETWEEN LAFAYETTE AVENUE AND DELAWARE AVENUE (DELAWARE DISTRICT) PARKING METERS - 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 aider 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 HIGHWAY LOCATION PORTION OF HIGHWAY Gates Circle, southwest quadrant between Lafayette Avenue and Delaware Avenue This action is being taken due to the closing of the Millard Fillmore Gates Circle Facility, and the demand for more on street residential parking in this vicinity. NOTIFICATION SERIAL # 10638 METERED PARKING — REPEAL ON LAFAYETTE AVENUE. SOUTH SIDE BETWEEN GATES CIRCLE AND LINWOOD AVENUE (ELLICOTT DISTRICT) PARKING METERS - 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 HIGHWAY LOCATION PORITON OF HIGHWAY Lafayette Avenue, south side between Gates Circle and Linwood Avenue This action is being taken due to the closing of the Millard Fillmore Gates Circle Facility, and, the demand for more on street residential parking in this vicinity. NOTIFICATION SERIAL #10639 NO STANDING- REPEAL ON FOREST AVENUE, NORTH SIDE BETWEEN ELMWOOD AVENUE AND RICHMOND AVENUE (NORTH DISTRICT) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD — DAILY Forest Avenue, north side between 7 A.M. TO 7 P.M. Elmwood Avenue and Richmond Avenue This action is being taken to provide on- street metered parking in an area where the existing restriction is no longer needed. NOTIFICATION SERIAL #10640 INSTALL METERED PARKING ON FOREST AVENUE. NORTH SIDE BETWEEN ELMWOOD AVENUE AND RICHMOND AVENUE (EXCEPT NO STANDING AND NO PARKING AREAS)(NORTH 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 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 Forest Avenue, north side 2 Hour Maximum Rate B between Elmwood Avenue 8 a.m. to 5 p.m. $.50 per Hour and Richmond Avenue Monday - Friday (except No Standing and No Parking areas) This action is being taken to provide on- street metered parking in an area where the existing restriction is no longer needed. RECEIVED AND FILED NO. 27 CHANGE IN CONTRACT CAZENOVIA PARK CASINO PLUMBING RECONSTRUCTION JOB #1252 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for the Cazenovia Park Casino, Plumbing Reconstruction, Joseph Carino Plumbing & Heating, Inc., C #93000962. 1. Furnish and install new 50 gallon Rudd hot water heater Add $ 995.00 Complete with safety relief valve and all necessary piping. 2. Replace section of 4" galvanized downspout on south side Add $ 150.00 of building. The foregoing change results in a net increase in the contract of One Thousand One Hundred Forty Five and 00/100 Dollars ($1,145.00). Summary: Original Contract Amount $26,400.00 Amount of This Change Order ( #1) Add $ 1,145.00 Revised Contract Amount $27,585.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32320406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 202, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $1,145.00 for the Cazenovia Park Casino, Plumbing Reconstruction Contract to Joseph Carino Plumbing & Heating, Inc., C #93000962. Funds for the project are available in Account #32320406 445100- Buildings. PASSED AYES 8, NOES 0 NO. 28 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, Greater Niagara Mechanical, C #93000804. 1. Rebalance Add $ 2,646.00 The foregoing changes results in a net increase in the contract of Two Thousand Six Hundred Forty Six and 00/100 Dollars ($2,646.00) Summary: Original Contract Amount $ 327,300.00 Change Order #1 Add $ 926.00 Amount of This Change Order ( #2) Add $ 2,646.00 Revised Contract Amount $ 330,872.00 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 — Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 24, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Orders #2 in the amount of $2,646.00 (Original Contract Amount $327,300.00 + Amount of Change Order #1 $926.00 + Amount of Change Order #2 $2,646.00 for a total revised contract amount of $330,872.00) for the City Court Basement Detention Center to Greater Niagara Mechanical, C #93000804. Funds for the project will be available in Account 34323006 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 29 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, Jim Ando Plumbing, C #93000813. 1. Change Shower heads at Shower B105 and staff showers. Add $ 1,897.00 2. Add backwater valves to storm and sanitary system(manhole work). Add $ 6,51.79 The foregoing changes results in a net increase in the contract of Eight Thousand Four Hundred Seven and 79/100 Dollars ($8,407.79). Summary: Original Contract Amount $ 341,780.00 Change Order #1 Add $ 4,410.00 Amount of This Change Order ( #2) Add $ 8,407.79 Revised Contract Amount $ 354,597.79 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 — Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 24, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Orders #2 in the amount of $8,407.79 (Original Contract Amount $341,780.00 + Amount of Change Order #1 $4,410.00 + Amount of Change Order #2 $8,407.79 for a total revised contract amount of $354,597.79) for the City Court Basement Detention Center to change shower heads at Shower B105 and staff showers and to add backwater valves to storm and sanitary system to Jim Ando Plumbing, C #930008813. Funds for the project will be available in Account 34323006 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 30 CHANGE IN CONTRACT P &J CONSTRUCTION CO., INC., GROUP #743 CITY -WIDE CURB & SIDEWALK REPLACEMENT CONTRACT #93000878 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to continue sidewalk work through the end of the 2012 construction season at the following locations where tree - damaged sidewalks have been identified: Ellicott District - Adams; Broadway to Sycamore Fillmore District - Reed; Broadway to Sycamore Lovejoy District- Casimer & Wiemer (St. Casimer's Church); Fredro; Clinton to Casimer South District - S. Legion; Stevenson to Southside Existing Contract Amount $857,241.00 Increase in Contract $238,075.00 Total Contract to Date $1,095,316.00 Funds are available in Capital Projects Account # 34311506 - 445100 and another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $238,075.00 (Existing Contract Amount $857,241.00 + Change Order #1 $238,075.00 for a total revised contract amount of $1,095.316.00) for City- wide curb and sidewalk replacement in Ellicott District, Fillmore District, Lovejoy District and South District to P & J Construction Co., Inc., C #93000878. Funds for the project are available in Capital Projects Account # 34311506 - 445100, and another account to be named at a future date. PASSED AYES 8, NOES 0 NO. 31 CHANGE IN CONTRACT MASTER'S EDGE, INC., GROUP #737 CITY -WIDE CURB & SIDEWALK REPLACEMENT CONTRACT #93000822 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to continue sidewalk work through the end of the 2012 construction season at the following locations where tree - damaged sidewalks have been identified: Delaware District — Linden Ave; Starin to Wallace Masten District — E. Humboldt Parkway; Kensington to Monticello Niagara District — Columbus Parkway; Porter to Connecticut North District — Farmer Ave; Tonawanda to East University District — Arden St; Bailey to Suffolk Existing Contract Amount $1,115,950.00 Increase in Contract (See Attachments) $ 298,250.00 Total Contract to Date $1,414,200.00 Funds are available in Capital Projects Account #34311506 - 445100 and another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Master's Edge, Inc. Mr. Smith moved That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $298,250.00 (Existing Contract Amount $1,115,950.00 + Change Order #1 $298,250.00 for a total revised contract amount of $1,414,200.00) for City -wide curb and sidewalk replacement in Delaware District, Masten District, Niagara District, North District and University District to Master's Edge, Inc., C #93000822. Funds for the project are available in Capital Projects Account #34311506 - 445100. PASSED AYES 8, NOES 0 NO. 32 CHANGE IN CONTRACT LANIGAN FIELD HOUSE ROOF RECONSTRUCTION JOB #1170 FILLMORE DISTRICT PRIOR COUNCIL REFERENCE: Item No, 13, CCP 03/20/12 Bidding for the Roof Reconstruction of the Lanigan Field House located at 150 Fulton Street was conducted by B.U.R.A. Progressive Roofing Co., Inc. was identified as the low bidder with a base bid of $223,600.00. Permission is hereby requested from Your Honorable Body to use an additional $24,150.00 from the City Bond Account No. 34323506 445100 - Buildings for Progressive Roofing Co. for the following additional work: Erect scaffold and install roof protection necessary to perform work. Remove (3) courses of brick approximately 600' long on each of the North and South elevations and reconstruct masonry to the same height with materials matching the existing in size, texture and color. Clean up and dispose of all debris. Summary: Original Contract Amount funded by CDBG (Item No. 13, CCP 3/20/12) $178,790.00 Original Contract Amount funded by 34323506 445100 (Item No. 13, CCP 3/20/12) $ 44,810.00 Amount of This Change Order ( #1) to be funded by 34323506 445100 $ 24,150.00 Revised Contract Amount $247,650.00 The new contract amount will be Two Hundred Forty Seven Thousand Seven Hundred Fifty and 00/100 Dollars ($247,750.00). Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $24,150.00 (Original Contract Amounted funded by CDGB $178,790.00 + Original Contract Amounted funded by 34323506 445100 $44,810.00 + Change Order #1 $24,150.00 for a total revised contract amount of $247,750.00) for the Lanigan Field House Roof Reconstruction Contract to Progressive Roofing Co., Inc. Funds for the project are available in City Bond Account # 34323506 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 33 REPORT OF BIDS CAZENOVIA (TOSH COLLINS) ICE RINK ROOF RECONSTRUCITON JOB #1268 (SOUTH) I requested on 7/31/12 and received the following bids for the Cazenovia (Tosh Collins) Ice Rink, Roof Reconstruction, on August 14, 2012. Jos. A. Sanders & Sons $1,867.00 P 0 Box 814, Buffalo NY Grove Roofing Services $3,575.00 131 Reading, Buffalo NY Jameson Roofing $4,820.00 3761 E Lake, Dunkirk NY Progressive Roofing $5,900.00 331 Grote, Buffalo NY Weaver Metal & Roofing No Bid 40 Appenheimer, Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Jos. A. Sanders & Sons, with a bid of One Thousand Eight Hundred Sixty Seven and 00/100 Dollars ($1,867.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the Cazenovia Ice Rink (Tosh Collins) Ice Rink Reconstruction in the Total amount of $1,867.00 to Jos. A. Sanders & Sons, to be funded through Account #34323106 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 34 REPORT OF BIDS CENTENNIAL SPRAYGROUND SITE IMPROVEMENTS JOB #1254 ELLICOTT DISTRICT I advertised for on July 31, 2012, and received the following formal sealed bids for Centennial Sprayground, Site Improvements, which were publicly opened and read on August 21, 2012. Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Titan Development $244,000 $34,975' $3,500 $24,000 $4,500 8534 Seaman, Gasport NY Scott Lawn Yard $274,000 $41.000' $4,050 $5,000 $8,200 5552 Townline, Sanborn NY Pinto Construction $289,767 $39,050' $5,310 $11,100 $8,305 1 Babcock, Buffalo NY New Cal Construction No Bid Numarco No Bid Man -O -Trees No Bid MLP Plumbing No Bid Nichter Construction No Bid Hadala Construction No Bid L Visone Plumbing No Bid Northeast Diversification No Bid Metro Electrical No Bid Ledge Creek Development No Bid Mark Cerrone, Inc. No Bid Bliss Construction No Bid Alternate #1: Pre - Fabricated Site Shelter, includes stripping & stockpiling of topsoil, excavation for concrete pad & footers, provision of 1 pre- fabricated shelters, lawn restoration 'Original bid price was for 2 pre- fabricated shelters; only I shelter is being done. Alternate #2: Tree Plantings Alternate #3: Decorative Fence Reconstruction to match existing. Alternate #4: Boulders to be placed along north side of south parking lot. I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a Base Bid of $244,000.00, add Alternate #1 for $34,975.00. add Alternate #2 for $3,500.00, add Alternate #3 for $24,000.00, add Alternate #4 for $4,500.00, plus 10% contingency for $31,097.50.00. for a total bid price of Three Hundred Forty Two Thousand Seventy Two and 50/100 Dollars ($342,072.50) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32400106 445100 (all), 39400206 445100 (all), 34400206 445100 (balance - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Centennial Playground site improvements in the Total amount of $342,072.50 (Base Bid $224,000.00 + Alt. #1 $34,975.00 + Alt. #2 $3,500.00 + Alt #3 $24,000.00 + Alt. #4 $4,500.00, plus 10% contingency for $31,097.50 for a total bid price of $342,072.50) to Titan Development to be funded through Accounts 32400106 445100 (all), 39400206 445100 (all) and 34400206 445100 (balance) — Buildings. PASSED AYES 8, NOES 0 NO. 36 REPORT OF BIDS CITY COURT PUBLIC DEFENDERS OFFICE - 4 FLOOR RECONSTRUCTION, PHASE ILL JOB #1266 ELLICOTT DISTRICT I requested on 7/26/12 and received the following bids for City Court, Public Defenders Office, 4 Floor, Reconstruction, Phase III, on August 7, 2012. Miller Enterprises $17,700.00 12 Newfield, Buffalo NY Nichter Associates $26,700.00 3435 Harlem, Cheektowaga NY Allgaier Construction $28,200.00 4790 Thompson, Clarence NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Seventeen Thousand Seven Hundred and 00/100 Dollars ($17,700.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the City Court, Public Defenders Office Reconstruction, Phase III, in the Total amount of $17,700.00 to Miller Enterprises, to be funded through Account 34323106 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 36 REPORT OF BIDS COCA COLA FIELD COOLING TOWER VFD JOB #1264 ELLICOTT DISTRICT I requested on 7/17/12 and received the following bids for Coca Cola Field, Installation of Cooling Tower VFD, on July 31, 2012. Greater Niagara Mechanical $15,600.00 7311 Ward, N Tonawanda, NY Colgate Heating No Bid 142 Colgate, Buffalo, NY Patterson Stevens No Bid 400 Sawyer, Tonawanda, NY Quackenbush Co., Inc. No Bid 495 Kennedy, Buffalo, NY R P Mechanical No Bid 7165 Genesee, Springville NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of Fifteen Thousand Six Hundred and 001100 Dollars ($15,600.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Coca Cola Field, Installation of Cooling Tower VFD in the Total amount of $15,600.00 to Greater Niagara Mechanical, to be funded through Account 35324706 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 37 REPORT OF BIDS COCA COLA FIELD RECONSTRUCT VARIOUS EXHAUST FANS JOB #1263 ELLICOTT DISTRICT I requested on 7/17/12 and received the following bids for Coca Cola Field, Reconstruct Various Exhaust Fans, on July 31, 2012. Greater Niagara Mechanical $19,400.00 7311 Ward, N Tonawanda, NY Weydman Electric $49,850.00 747 Young, Tonawanda, NY CIR Electrical No Bid 400 Ingham, Buffalo, NY Frey Electric No Bid 100 Pearce, Tonawanda, NY Goodwin Electric No Bid 201 S Youngs, Williamsville, NY Metro Electrical No Bid 100 Atlantic, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of Nineteen Thousand Four Hundred and 001100 Dollars ($19,400.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Coca Cola Field, Reconstruction Various Exhaust Fans, in the Total amount of $19,400.00 to Greater Niagara Mechanical, to be funded through Account 35324706 445100 — Buildings. PASSED AYES 8, NOES 0 NO. 38 REPORT OF BIDS FRUITBELT /MEDICAL PARK STREETS, SIDEWALK IMPROVEMENTS JOB #1272, PROJECT 37- 50205, GROUP 747 ELLICOTT DISTRICT I advertised for on May 23, 2012, and received the following formal sealed bids for Fruitbelt /Medical Park, Streets, Sidewalk Improvements, which were publicly opened and read on June 5, 2012. Base Bid Alt #1 Destro Bros. $668,751.00 $55,000.00 Milherst Construction $752,150.00 $64,800.00 Amherst Paving $761,595.00 $55,000.00 C & C Contractors $812,749.83 $55,000.00 Nova Site Co. $839,746.00 $87,700.00 Alternate #1: Concrete Sidewalks - 4" Replacement 10,000 sf I hereby certify that the foregoing is a true and correct statement of all bids received and that Destro Bros., with a Base Bid of $668,751.00, add Alternate #1 for $55,000.00, for a total bid price of Seven Hundred Twenty Three Thousand Seven Hundred Fifty One and 00/100 Dollars ($723.751.00) 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 & Streets to Order the work on the basis of the low bid. Funds for this project are available in CDBG 37- 50205. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Fruitbelt /Medical Park Streets and Sidewalk Improvements, in the Total amount of $668,751.00 (Base Bid $668,751.00 + Alt. #1 $55,000.00 for a total bid price of $723,751.00) to Destro Bros. to be funded through Account CDBG 37- 50205. PASSED AYES 8, NOES 0 NO. 39 REPORT OF BIDS 60 HEDLEY PLACE SPECIAL INSPECTIONS JOB #11103SP MASTEN DISTRICT I requested on 7/30/12 and received the following bids for 60 Hedley Place, Special Inspections, on August 13, 2012. Professional Services Industries (PSI) $15,347.50 3784 Commerce, N Tonawanda NY CME Associates No Bid 402 Vulcan, Buffalo NY Empire GeoServices No Bid 5167 South Park, Hamburg NY Quality Inspection Services No Bid 4400 Broadway, Depew NY SJB Services No Bid 5167 South Park, Hamburg NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Professional Services Industries (PSI), with a bid of Fifteen Thousand Three Hundred Forty Seven and 50/100 Dollars ($15,347.50) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for 60 Hedley Place, Special Inspections, in the Total amount of $15,347.50 to Professional Services Industries (PSI), to be funded through Account 34323106 445100 — Buildings. PASSED AYES 8, NOE 0 NO. 40 REPORT OF BIDS MID CITY NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) STREETS, SIDEWALK IMPROVEMENTS JOB #1271, PROJECT 37- 60206, GROUP 761 ELLICOTT DISTRICT I advertised for on May 14, 2012, and received the following formal sealed bids for Mid City Neighborhood Revitalization Strategy Area (NRSA), Streets, Sidewalk Improvements, which were publicly opened and read on May 30, 2012. Master's Edge, Inc. $289,150.00 p & J Construction Co. $298,089.72 CVF, Inc. $447,087.00 The following locations have received HUD approval and are included in this contract: Dodge/ Southampton /Northampton /Eaton /Riley /Laurel from Masten to Jefferson. I hereby certify that the foregoing is a true and correct statement of all bids received and that Master's Edge, Inc. with a bid of Two Hundred Eighty Nine Thousand One Hundred Fifty and 00/100 Dollars ($289,150.00) 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 & Streets to order the work on the basis of the low bid. Funds for this project are available in CDBG 37- 50206. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Mid -City Neighborhood Revitalization Strategy Area (NRSA), streets and sidewalk improvements in the Total amount of $289,150.00 to Master's Edge, Inc. to be funded through CDBG 37- 50206. PASSED AYES -8 NOES -0 NO. 41 REPORT OF BIDS MUSEUM OF NATURAL SCIENCE MECHANICAL RECONSTRUCTION JOB #1233 MASTEN DISTRICT I advertised for on July10,2012, and received the following formal sealed bids for the Museum of Natural Science, Mechanical Reconstruction, which were publicly opened and read on July 26, 2012. Base Bid Alt# 1 Alt# 2 Quackenbush Co 495 Kennedy, Buffalo NY $246,000 $22,000 $25,000 MLP Plumbing 3198 Union, Cheektowaga, NY $267,600 $27,600 $30,400 Greater Niagara Mechanical 7311 Ward, Tonawanda, NY $268,600 $24,200 $27,000 Mollenberg Betz 300 Scott, Buffalo, NY $288,000 $29,500 $29,500 John W, Danforth Co. 300 Colvin Woods, Tonawanda, NY $297,000 $27,900 $29,700 Alternate #1: Replace additional heat pumps HP -138, HP -139, HP -140. Alternate #2: Replace additional heat pumps HP -131, HP -209, HP -210. I hereby certify that the foregoing is a true and correct statement of all bids received and that Quackenbush Co., with a Base Bid of Two Hundred Forty Six Thousand, add Alternate #1 for Twenty Two Thousand, add Alternate #2 for Twenty Five Thousand, for a total bid price of Two Hundred Ninety Three Thousand and 00/100 Dollars ($293,000.00), 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 & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in the following Buildings accounts: 35326006 445100 ($46,381.01); 39320306 445100 ($48,814.26); 30320806 445100 ($28,733.93), 34323906 445100 ($79,678.11); 34324006 445100 ($27,003.23), 35326106 445100 ($62,389.46). Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the Museum of Natural Science, Mechanical Reconstruction, in the Total amount of $246,000.00 (Base Bid $246,000.00 + Alt. #1 $22,000.00 + Alt. #2 $25,000.00 for a total bid price of $293,000.00) to Quackenbush Co., to be funded through the following Buildings accounts: 35326006 445100 ($46,381.01); 39320306 445100 ($48,814.26); 30320806 445100 ($28,733.93); 34323906 445100 ($79,678.11); 34324006 445100 ($27,003.23); and 35326106 445100 ($62,389.46). Passed AYES -8 NOES -0 NO. 42 REPORT OF BIDS ROOSEVELT PARK SITE & BUILDING IMPROVEMENTS, PHASE 2 JOB #1263 UNIVERSITY DISTRICT I advertised for on July 31,2012, and received the following formal sealed bids for Roosevelt Park, Site & Building Improvements, Phase 2 which were publicly opened and read on August 21, 2012. Base Bid Alt #2 Alt #3 Alt #5 Alt #6 Ledge Creek Development $482,000 $3,500 $22,000 900 $ 800 10100 County, Clarence Ctr NY Scott Lawn Yard $485,432 $5,000 $43,500 $1,200 $3,000 5552 Townline, Sanborn NY S & W Contracting $599,000 $3,300 $20,900 $600 $1,400 701 Seneca, Buffalo NY Picone Construction $639,485 $3,600 $19,000 $650 $800 8680 Main, Williamsville NY Nichter Construction No Bid Wilsandra Construction No Bid Hadala Construction No Bid Metro Electrical No Bid Mark Cerrone, Inc. No Bid Occhino Corp. No Bid Pinto Construction No Bid Titan Development No Bid Frey Electric No Bid New Cal Construction No Bid NuMarco, Inc. No Bid Man -O -Trees No Bid American Paving No Bid MLP Plumbing No Bid Bliss Construction No Bid Alternate #2: Exterior building wall brick reconstruction. Alternate #3: Replacement of north property line fence. Alternate #5: Rt. 33 fence reconstruction. Alternate #6: ADA Bathroom Accessories I hereby certify that the foregoing is a true and correct statement of all bids received and that Ledge Creek Development, with a Base Bid of $482,000.00, Alternate #2 for $3,500.00, add Alternate #3 for 22,000.00, add Alternate #5 for $900.00, add Alternate #6 for $800.00, plus 10% contingency for $50,920.00, for a total bid price of Five Hundred Sixty Thousand One Hundred Twenty and 00/100 Dollars ($560,120.00) 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 & Streets to order the work on the basis of the low bid. Funds for this project are available in 32321406 445100 (all), 33400506 445100 (all), 33400406 445100 (all), 34400206 445100 (remainder) - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Roosevelt Park, Site and Building Improvements, Phase 2, in the Total amount of $482,000.00 (Base Bid $482,000.00 + Alt. #2 for $3,500.00 + Alt. #3 for $22,000.00 + Alt. #5 for $900.00 + Alt. #6 for $800.00 + 10% contingency for $50,920.00, for a total bid price of $560,920.00) to Ledge Creek Development, to be funded through Accounts 32321406 445100; 33400506 445100; 33400406 445100; and 34400206 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 43 REPORT OF BIDS ZOOLOGICAL GARDENS ROOF RECONSTRUCTION -AIR MONITORING JOB #1169A DELAWARE DISTRICT I requested on 8/3/12 and received the following bids for the Zoological Gardens, Air Monitoring for Roof Reconstruction, on August 15, 2012. Isle Chem $285,000 2801 Long Rd, Grand Island, NY Stohl Environmental $422,000 4169 Allendale, Blasdell, NY JMD Environmental No Bid 1815 Love Rd, Grand Island, NY CORE Environmental No Bid 2312 Wehrle Dr, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Isle Chem, with a bid of Two Hundred Eighty Five and 00/100 Dollars ($285.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the Zoological Gardens, Air Monitoring for Roof Reconstruction in the Total amount of $282.00 to Isle Chem, to be funded through Account 34323106 445100 — Buildings PASSED AYES -8 NOES -0 NO. 44 REPORT OF EMERGENCY BID ROOM 612 CITY HALL (TRAFFIC ENGINEERING) EMERGENCY AIR MONITORING EILICOTT DISTRICT The Commissioner of Public Works Parks & Streets has declared an emergency and will enter into an agreement for Emergency Air Monitoring (Asbestos), Room 512 City Hall (Traffic Engineering), not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Funding for this project will be determined at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 19, 2012, 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 Emergency Air Monitoring (Asbestos), Room 512 City Hall (Traffic Engineering) in the Total amount not to exceed $5,000.00. Funding for this project will be determined at a later date. PASSED AYES -8 NOES -0 NO. 46 REPORT OF EMERGENCY BID ROOM 612 CITY HALL (TRAFFIC ENGINEERING) EMERGENCY ASBESTOS REMOVAL ELLICOTT DISTRICT The Commissioner of Public Works, Parks & Streets has declared an emergency and will enter into an agreement for Emergency Asbestos Removal. Room 512 City Hall (Traffic Engineering), not to exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00). Funding for this project will be determined at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 19, 2012, 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 Emergency Air Monitoring (Asbestos), Room 512 City Hall (Traffic Engineering) in the Total amount not to exceed $25,000.00. Funding for this project will be determined at a later date. PASSED AYES -8 NOES -0 NO. 46 REPORT OF EMERGENCY BID RIVERSIDE ICE RINK EMERGENCY HVAC RECONSTRUCTION JOB #1269 NORTH DISTRICT I received the following emergency bid for the Riverside Ice Rink, Emergency HVAC Reconstruction, on August 3, 20!2. Due to the cooling tower coils failing, the emergency reconstruction needs to be done immediately. John W. Danforth Co. $52,477.00 300 Colvin Woods, Tonawanda, NY Mollenberg Betz Inc. Did Not Meet Specifications Greater Niagara Mechanical No Bid The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with John W. Danforth Co., in the amount of Fifty Two Thousand, Four Hundred Seventy Seven and 00 /00 Dollars ($52,477.00). Funding for this project is available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the Riverside Ice Rink, Emergency HVAC Reconstruction, in the Total amount of $52,477.00 to John W. Danforth Co. for emergency reconstruction of the cooling tower coils. Funding for this project is available in Account #34323106 445100 —Buildings. PASSED AYES -8 NOES -0 NO. 47 REPORT OF PROPOSALS 2012 CITYWIDE TREE MANAGEMENT & PLANNING VARIOUS DISTRICTS I advertised for proposals on July 20, 2012, and received the following formal sealed proposal for 2012 Citywide Tree Management & Planning, which was publicly opened and read August 10, 2012. Contractor Bid Wendel Companies $156,500.00 140 John James Audubon Pkwy Amherst, NY 14228 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that Wendel Companies with a bid of one hundred fifty -six thousand five hundred dollars ($156,500.00), is the lowest responsible proposer in accordance with the RFP specifications. I hereby respectfully request that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter an agreement with Wendel Companies. Funds for this work are available in Account #14570006 - 480000 plus an account to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 21, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for 2012 Citywide Tree Management and Planting in the Total amount of One Hundred Fifty -six Thousand Five Hundred Dollars ($156,500.00) to Wendel Companies to be funded through Account #1457006 - 48000, plus an account to be named at a later date. PASSED AYES -8 NOES -0 NO. 48 REQUEST PERMISSION TO ACCEPT FUNDS FOR DIAMONDS AND DREAMS GRANT AWARDED TO THE HERTEL -NORTH PARK YOUTH BASEBALL LEAGUE, INC. Permission is hereby requested from Your Honorable Body to accept donation of services for the following grant awarded to and to be administered by the Hertel -North Park Youth Baseball Leaue, to be implemented in Shoshone Park as follows: Grant Name Amount Descril2tion 2012 Diamonds to Dreams Grant $20,000.00 Improvement to Diamond #5 in Shoshone Park Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 21, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the 2012 Diamonds to Dreams Grant in the amount of Twenty Thousand Dollars ($20,000.00) to be administered by the Hertel -North Park Youth Baseball League for improvements to diamond #5 in Shoshone Park. PASSED AYES -8 NOES -0 NO. 49 REQUEST PERMISSION TO ACCEPT FUNDS FOR NYS DEC GRANT #C304708 AWARDED TO THE BUFFALO OLMSTED PARKS CONSERVANCY Permission is hereby requested from Your Honorable Body to accept donation of services for the following grant awarded to and to be administered by the Buffalo Olmsted Parks Conservancy (BOPC), to be implemented in Delaware Park as follows: Grant Name Amount Description 2011/2012 NYS DEC $100,000 BOPC Hoyt Lake Enhancement EPF Waterfront Revitilization installation of fountain and settlement Contract# C304708 Study Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 21, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the 2011/2012 NYS DEC EPF — Waterfront Revitalization Contract #C304708 in the amount of One Hundred Thousand Dollars ($100,000.00) for Buffalo Olmsted Parks Conservancy Hoyt Lake Enhancement — installation of fountain and sediment study. PASSED AYES -8 NOES -0 NO. 50 REQUEST TO PURCHASE EQUIPMENT Purchase (1) 32' Tandem Axie Dump Trailor w /full frame, tarp $ bed vibrator Mod# S3260S13 Rebid #7329 Contract W/ 2 Dump Trailor Trade ins S 380 and S 381 $60,000.00 TOTAL $60,000.00 Southside Trailer PO Box 2300 Blasdell NY 14219 Funds out of 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase a 32' Tandem Axle Dump Trailer with full frame, tarp and bed vibrator Mod #D3260S13 Rebid #7329 Contract with 2 dump trailer trade -ins S380 PASSED AYES -8 NOES -0 NO. 51 REQUEST TO PURCHASE/VEHICLES Purchase (10) Chew Colorado 4 X 4 Pick ups Contract # 7528 Existing Bid to replace rusted & old units in all departments @ 21,990.00 $219,000.00 Emerling Chevy Purchase (1) Regenerative Air Street Sweeper $175,000.00 Schwar -ze A -7000 or Equal- Contract # 7485 Both to be purchased out of bond fund 35304106 - 445100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase ten (10) Chevy Colorado 4 X 4 pickup trucks to replace rusted and old units in all departments in the amount of $219,900.00, and to purchase one (1) Regenerative Air Street Sweeper, in the amount of $175,000.00. Funds are available from Bond Fund 35304106 - 445100. PASSED AYES -8 NOES -0 NO. 52 REQUEST TO PURCHASE VEHICLE Purchase (1) 1/2 Ton 4 x 4 pick up with long bed $24,000.00 TOTAL $24,000.00 New Bid Funds to come out of 34400306 - 445100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase a Y2 ton 4 X 4 pickup truck with long bed, in the amount of $24,000.00. Funds are available from Account 34400306 - 445100. PASSED AYES - 8 NOES — 0 NO. 53 PERMISSION TO ENTER INTO AGREEMENTS FOR THE DESIGN AND CONSTRUCT FOR BRIDGE BEARING AND WALL REPAIRS P.I.N. 5760.33 The Federal Highway Administration (FHWA) have designated $700,000.00 for the design, construction and construction inspection for bridge and bearing repairs of various structures in the City of Buffalo. They include Ohio Street Bridge over CSX, South Park Avenue over the Buffalo River and Louisiana Street over Exchange Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN 5760.33. 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 FHWA and the NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 30, 2012, be received and filed; and That the Department of Public Works, Parks and Streets is hereby authorized to enter into all necessary agreements with the Federal Highway Administration (FHWA) and the New York State Department of Transportation (NYSDOT) for the design, construction and construction inspection for bridge and bearing repairs of various structures in the City of Buffalo. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 54 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 11 -DEA- 549036 C2 -10 -0145 335.88 12 -DEA- 559230 C2 -12 -0047 694.35 12 -DEA- 561373 C2 -12 -0064 1,880.58 12 -DEA- 562349 C2 -12 -0073 5,71'1.58 09- FBI - 002759 3110090040 951.29 2 -DEA- 556068 C2 -11 -0163 981.12 12 -DEA- 560259 C2 -11 -0082 550.93 12 -DEA- 560609 C2 -12 -0055 6,987.66 12 -DEA- 560829 C2 -11 -0082 1,140.34 12 -DEA- 562758 C2 -12 -0055 470.32 12 -DEA- 560616 C2 -12 -0055 2,589.51 12 -DEA- 562603 C2 -12 -0074 3,264.78 12 -DEA- 560626 C2 -12 -0055 5,179.11 12 -DEA- 562296 C2 -12 -0072 4,981.76 12 -DEA- 562296 C2 -12 -0072 6,303.40 (15% SAFF) TOTAL $42,022.61 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. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining 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 NO. 66 APPOINT POLICE OFFICERS (PERM)(MIN)(ABDUL- WAHED,ALLMAN, ANGUISH, BAKER, BOICE, LOSI, MCDERMOTT, FITCHLEE, MERCURIO, MISSANA, WIDGORSKI, ACQUINO, RIVERS, OLMSTEAD, SCHNELLE, TEDESCO, VACCARO, VIDAL, WEBER, MOJICA, MONDAL, MUHAMMAD JR., PAKIZAY, RACHUNA, HOFFSTETTER, ISCH, LARUSCH, LEHNER JR.,LONG,COPPOLA,FELSCHOW III,GATTI,HALL JR, HAMILTON JR. Appointment effective August 3, 2012 in the Department of Police to the Position of Police Officer, Permanent at the Starting Salary of $48,896.00 Ibrahim H. Abdul - Wahed, 718 Linwood Ave, Buffalo, NY 14209 Padriac O. Alliman, 228 Mckinley Parkway, Buffalo, NY 14220 Nicole M. Anguish, 356 Cumberland Avenue Upper, Buffalo, NY 14220 Ian L. Baker, 78 proctor Avenue, Buffalo, NY 14215 Patrick D. Boice, 743 Elmwood, Buffalo, NY 14222 John M. Losi, 212 Villa Avenue, Buffalo, NY 14216 Lauren M. McDermott, 95 Densmore Street, Upper, Buffalo, NY 14220 Caitlin M. Meegan Fitchlee, 159 Russell Avenue, Buffalo, NY 14214 Robert Mecurio, 303 Wellington Road, Buffalo, NY 14216 Michael Missana, 23 Rutland Street, Buffalo, NY 14220 Adam M. Wigdorski, 765 Crescent Avenue, Buffalo, NY 14216 Joseph B. Acquino, 15 Seneca Parkside, Buffalo, NY 14210 Amanda L. Rivers, 97 Fargo Avenue Apt #3, Buffalo, NY 14201 Jasmine M. Olmstead, 1288 Genesee Street, Buffalo, NY 14211 Jason K. Schnelle, 65 Mariner Street, Buffalo, NY 14201 Justin P. Tedesco, 297 Hartwell Road, Buffalo, NY 14216 Jennifer L. Vaccaro, 770 West Ferry, Buffalo, NY 14222 Anniel J. Vidal, 91 Page Street, Buffalo, NY 14207 Jon P. Weber, 318 West Utica Avenue, Buffalo, NY 14222 Ana L. Mojica, 250 Hewitt Avenue, Buffalo, NY 14215 Jako J. Mondal, 215 Lisbon Avenue, Buffalo, NY 14215 Larry Muhammad Jr, 166 Burgard Place, Buffalo, NY 14211 Michael J. Palizay, 135 Greenfield Street, Buffalo, NY 14214 Brian S. Rachuna, 71 Marbeth Court, Buffalo, NY 14220 William J. Hoffstetter, 308 Taunton Place, Buffalo, NY 14216 Rachel E. Isch, 329 Potter Road, Buffalo, NY 14220 Robert F. LaRusch, 103 Tennessee Street, Buffalo, NY 14204 Michael J. Lehner Jr., 151 Villa Avenue, Buffalo, NY 14216 Patrick B. Long, 86 Tuscarora Road, Buffalo, NY 14220 Michael L. Coppola, 16 Paul Place, Buffalo, NY 14210 Robert J. Felchow III, 241 O'Connell Avenue, Buffalo, NY 14210 Frank J. Gatti, 338 Fillmore Avenue, Buffalo, NY 14206 James M. Hall Jr, 462 Bird Avenue, Buffalo, NY 14213 James J. Hamilton Jr., 165 Floss Avenue, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 66 DISPOSE OF OLD FIRE TRUCKS /UTILITY TRUCK We are requesting approval to dispose of the following fire trucks and utility truck: F -317 1999 Pierce pumper- bad engine /worn pump F -318 1999 Pierce pumper - bad engine and transmission /pump worn F -249 1995 Pierce 75' ladder truck - aerial out of service / bad frame F -137 1985 Chevrolet utility truck - rusted / not road worthy Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated August 30, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to dispose of the following: • F -317 1999 Pierce Pumper (bad engine /worn pump) • F -318 1999 Pierce Pumper (bad engine and transmission /worn pump) • F -249 1005 Pierce 75' ladder truck (aerial out of service /bad frame) • F -137 1985 Chevrolet utility truck (rusted /not road worthy) PASSED AYES -8 NOES -0 NO. 67 PURCHASE ONE (1) EMS VEHICLE AUCTION /SCRAP VEHICLE We are requesting approval to purchase one (1) EMS Vehicle for the Buffalo Fire Department. This vehicle will replace the vehicle currently used by our EMS Officers. This vehicle is not a take home vehicle and will replace the vehicle referenced below- Funds are available through our 2012 -13 Budget account 12136007 474200 to purchase this vehicle. Additionally, we are requesting approval to auction /scrap F -162, 1996 Chevrolet Suburban. This vehicle has high mileage and is badly rotted. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated August 30, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to purchase a one (1) EMS vehicle for the Buffalo Fire Department to replace the vehicle currently used by the EMS Officers (a F -162 1996 Chevrolet Suburban to be auctioned or scrapped). Funds are available from Account 12136007 474200. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 58 COLLECTOR LICENSE (NEW) Pursuant to Chapter 263 of the City of Buffalo Ordinances, Jeffrey M Meyers /Cascades Recovery US Inc. has made an application for a license to collect and haul refuse, garbage, and /or solid waste in the City of Buffalo. I have examined the attached application for a Collector License and find that as to form is CO1 Tect. I have caused all investigation into the business status of Cascade Recovery US Inc. The attached thereto for Cascades Recovery US. Inc. Insurance certificates comply with regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 FLEA MARKET (NEW) 625 WEST FERRY Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Flea Market License located at 625 West Ferry and find that as to form is correct. I have caused an investigation into the premises for which said application for a Flea Market license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, Collections, and Police, 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 Newell Nussbaumer. The attached thereto for Newell Nussbaumer of Peddler Buffalo Corp. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 60 FOOD STORE (NEW) 2594 BAILEY(LOVEJOY) 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 at 2594 Bailey (Dheyab Market /Fairoz Abdulah) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 FOOD STORE (NEW) 1326 EAST FERRY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1326 East Ferry (Fand Nagi Inc, DBA One Stop Express Mart /Fand M Nagi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office. Fire Department, Building Inspections, Police Department and Collection Office 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. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated August 29, 2012, 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 Fand M. Nagi (Fadh Nagi, Inc. d /b /a One Stop Express Mart) located at 1326 East Ferry. PASSED AYES -8 NOES -0 NO. 62 FOOD STORE (NEW) 1059 GRANT(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1059 Grant (Aref Deli /Ali Abdul Saleh Yafai) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning office, Fire Department, Building Inspections, Police Department and Collection Office 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. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated August 27, 2012, 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 Abdul Saleh Yafai d /b /a Aref Deli located at 1059 Grant. PASSED AYES -8 NOES -0 NO. 63 FOOD STORE (NEW) 407 GRANT(NIAGARA) 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 at 407 Grant (Discount Mini Mart & Deli Inc. / Lukman Ali Saleh) and find that as to form is correct., I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office 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. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated August 31, 2012, 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 Lukman Ali Saleh d /b /a Discount Mini Mart & Deli Inc. located at 407 Grant. PASSED AYES -8 NOES -0 NO. 64 FOOD STORE (NEW) 1256 HERTEL(DELAWARE) 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 at 1256 Hertel (Mecca International Inc. /Atem Deng Akol) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 RESTAURANT DANCE LICENSE (RENEWAL) 2897 BAILEY Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2897 Bailey for which said renewal application for a Restaurant Dance Class III license is being sought by Hycintb Patterson @ Caribbean Experience and according to the attached reports from the Fire Department, Police Department and Building Inspections I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 66 RESTAURANT DANCE LICENSE (RENEWAL)936 ELMWOOD (DEL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 936 Elmwood for which said renewal application for a Restaurant Dance Class 111 license is being sought by David Putnam @ McGarrets and according m the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 RESTAURANT DANCE LICENSE (RENEWAL) 681 MAIN (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main for which said renewal application for a Restaurant Dance Class III license is being sought by Arthur Kwitchoff @ Town Ballroom and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 68 SIDEWALK CAFE 256 ALLEN ST NEW OWNER (FILL) 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 256 Allen Street (The Bend on Allen) and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for 256 Allen Street. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMIITTEE ON LEGISLATION. NO. 69 USED CAR DEALER 283 BROADWAY (FILL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 283 Broadway and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Brandon Patterson. The attached thereto for Brandon Patterson /dba /FIYY Life Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 USED CAR DEALER 441 FILLMORE (FILL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 441 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Vincent Vines. The attached thereto for Vincent Vines /dba /Streamline Automotive. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated August 29, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Vincent Vines d /b /a Streamline Automotive, located at 441 Fillmore. PASSED AYES 8, NOES 0 NO. 71 RESPONSES ABSENTEE BLDG. OWNERS -500 BLOCK OF MAIN, ILLEGALLY PLACED AD SIGNS, ENFORCEMENT OF PROPERTY MAIN CODES AND DIRECTION OF RENEWAL OF OPERATING LIC OF BUSINESS "Absentee Building Owners -500 block of Main St" ( #104 C.C.P. May 15, 2012) "Response Illegally Placed Advertising Signs ( #42 C.C.P. May 1, 2012) "Enforcement of Property Maintenance Codes relating to Missing Garage Doors (exc res)" ( #92 C.C.P. Mar. 6, 2012) "Direction of Renewal of Operating Lic of Businesses W/I COB ( #88 C.C.P. Mar. 18, 2008 This correspondence is in response to the Common Council's request for comments and /or recommendations concerning items # 104 C.C.P. May 15, 2012; #42 C.C.P May 1, 2012); #92 C.C.P. Mar. 6, 2012; #88 C.C.P Mar. 18, 2008; regarding various items. The Department Permits & Inspection Services has the following comments /recommendations with regards to the aforementioned communications filed by the Common Council: With regards to "Absentee Building Owners on the 500 block of Main Street "; be advised that Housing Court action has been taken against all three properties, with the current status being: • 5 -7 Genesee Street was fined $12,000 which has been converted to a judgment against the property • 9 Genesee is scheduled for a trial on 9/20/12 in front Judge Carney. • 535 Main is an active court case returning to Buffalo City Court on 10/24/12. They have been fined $2500 and have until the aforementioned date to pay the fine. With regards to "Illegally Placed Advertising Signs "; be advised that personnel from the Department of Permit & Inspection Services has removed over 100 signs in the last 90 days; issued 40 verbal and telephone warnings whenever the sign provided enough information to contact the responsible party, in these cases when the responsible party is educated that this practice is in violation of city ordinance, said responsible parties have been cooperative; many of the signs removed upon investigation, do not provide enough information to identify the responsible party and these cases the only action taken is to remove the signage. With regards to "Enforcement of Property Maintenance Codes Relating to Missing Garage Doors "; presently there is not a specific code that prevents a property owner from removing his garage door. As the code to cite a missing garage door does not exist, the Department of Permit and Inspections can only address the matter indirectly. This indirect method is ineffective and subject to interpretation. Presently garages are designed with garage doors to protect the items stored in said garage. From a design stand point, a garage door prevents the roof from uplift. A garage door may be required in some circumstances to maintain the fire rating of the building envelope. The enforcement of these last two items would be predicated on the Department of Permit and Inspection Services having plans and /or blue prints on file showing that a garage door is integral to the structure's design. The majority of garages built in the City of Buffalo are constructed using a diagram and not a complete set of plans. For an existing garage, the City of Buffalo Department of Permit and Inspection Services would not only have to locate the plans, if they exist, but would also have the additional burden of proof to demonstrate that the removal of the garage door was illegal at the time the structure was erected and /or the removal of the garage door would severely compromise the structural integrity of the garage. With regards to "Direction Of Renewal of Operating Lic of Businesses W/I COB "; this Department has not received any communication from the Law Department or the Common Council regarding any recent ordinance amendments concerning the renewal of Business Licenses; currently if a business is licensed in the City of Buffalo, an Administrative Hearing is require in order to suspend, revoke or deny the renewal of a license. This Department is prepared to use its enforcement powers in whatever manner provided by the City of Buffalo Charter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 72 APPOINT BUILDING INSPECTOR(WHITE)(PROV)(6TH STEP) Certificate of Appointment Appointment effective 9/4/2012 in the Department of Inspections Division of Permit & Inspection Services to the Position of Building Inspector Provisional Appointment Fifth Step Starting salary of $55,508. Angela White, 262 Dewey Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 73 APPOINT CHIEF BUILDING INSPECTOR(LKEMANN)(PERM)(6 STEP) Certificate of Appointment Appointment effective 8/27/2012 in the Department of Permit & Inspections Division of Permit & Inspection Services to the Position of Chief Building Inspector Permanent Appointment Fifth Step Starting salary of $61,425. Peter Klemann, 154 Woodward Avenue, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 74 APPOINT CHIEF ELECTRICAL INSPECTOR(3 STEP)(PROV)(Moore) Certificate of Appointment Appointment effective 8/29/2012 in the Department of Inspections Division of Permit & Inspection Services to the Position of Chief Electrical Inspector Provisional Appointment Third Step Starting salary of $57,440. Charles Moore, 634 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PARKING NO. 76 ABANDONED VEHICLE FOR CITY USE This is to request authorization for the Department of Parking, Division of Parking Enforcement to take over use of a 2005 Dodge Durango property number 06212012,06,RIV and a 2000 Ford Expedition property number 06212012,03,DPE for use as an enforcement vehicle. All steps required under section 1224 NYS Vehicle and Traffic Law have been followed and the vehicle remains unclaimed making it available for auction or conversion to official use. This vehicle will not be a take home vehicle. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE ZONING BOARD OF APPEALS NO. 76 APPROVED VARIANCE 766 ELMWOOD Karl Frizlen 257 Lafayette Avenue Buffalo, New York 14213 RE: 766 ELMWOOD APPLICATION: #177989 Dear Mr. Frizlen: The Zoning Board of Appeals at its meeting of 7/25/12 approved your petition for a variance to construct a three story mixed -use building exceeding the density requirements in the district and shortage of commercial parking requirement at premises 766 ELMWOOD. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4667 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 1/25/13, the Board's approval will expire and a new application will have to be made. Very truly yours, Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED NO. 77 RESOLUTION — HEIGHT VARIANCE WOMEN AND CHILDREN'S HOSPITAL To Whom it May Concern: I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 25 day of July, 2012, a resolution was adopted of which the following is a true copy: Present: Rev. James A. Lewis, III - Chairman Anthony Diina Warren Glover Joseph Pandolfino William Grillo The following resolution was introduced: WHEREAS, on June 29, 2012, Kaleida Health (hereinafter "Applicant "), pursuant to §511 -146 et. seq. of the Charter and Code of the City of Buffalo ( "Code ") and N.Y. General City Law §8 1 -b, submitted a Letter of Intent (101'), including Exhibits A -F, to the City of Buffalo Zoning Board of Appeals ( "ZBA "), in furtherance of the Applicant's request for an Area Variance for the proposed height of Women and Children's Hospital of Buffalo ( "WCHOB ") project (hereinafter referred to as "Project "), located at the north -west comer of High Street and Ellicott Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicant has provided information in the LOI supporting the request for the Area Variance for the proposed height of WCHOB; and WHEREAS, a public hearing was held On the matter on July 25, 2012 at 2:00 p.m. where the Applicants presented the design details for the Project; and WHEREAS, the ZBA has fully reviewed and discussed this matter; and WHEREAS, the ZBA has, pursuant to Code §511 -146 et. seq. and New York General City Law § 8 1 -b, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the requested Area Variance; 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 Applicant has prepared a Draft Environmental Impact Statement ( "DEIS ") for the Project; the City of Buffalo Planning Board ( "Planning Board ") as Lead Agency has reviewed the DEIS and deemed it complete and prepared a Final Environmental Impact Statement. In addition, the Applicant has prepared and submitted to the ZBA as Exhibit "F" of the aforementioned Letter of Intent, a Full Environmental Assessment Form ( "FEAF "), specifically for the Project to assist the ZBA in reviewing the potential impacts of this request; the DEIS, FEIS and FEAF all set forth sufficient information and analysis on the scale and location of the proposed WCHOB and the impacts it might have on adjacent uses; and WHEREAS, the ZBA has determined that the potential environmental impacts associated with the height variance are minimal in light of the surrounding development at the Buffalo Niagara Medical Campus and any negative impacts have been minimized to the greatest extent practicable by the design of the proposed building. Now THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS, pursuant to City Code § 511 -146 et seq. and New York General City Law §8 1 -b, as follows: 1. The Applicant is seeking an Area Variance for the height for the proposed Women and Children's Hospital of Buffalo at the northwest comer of High Street and Ellicott Street. Section 511 -41 of the City Code limits the height of the structure to the distance from the structure to the opposite side of Ellicott Street (which in this case is 66' to the opposite side of Ellicott Street) and the proposed height of WCHOB is 251' ±. Thus, the Applicant is seeking a height variance of 185'. 2. That the ZBA has made the following determination with respect to the Applicant's request for an Area (Height) Variance for the Project: a. Given the Urban nature of the Project Site and the height of adjacent structures, the requested Height Variance, while nominally significant, will not have a significant adverse impact upon adjacent properties or the character of the neighborhood; and b. That the only other means by which the Applicant can meet their space requirements of approximately 430,000 sq. ft. of the Project Site without the requested variance, would be to dramatically increase the footprint of the building or go sub -grade at a substantial cost. Increasing the footprint would also reduce the proposed greenspace and a more massive structure would eliminate the design elements chosen to make the structure less imposing upon its patients and the viewshed of surrounding buildings; and c. That in an Urban setting like the Project Site, the requested height is not substantial; and d. That the requested Height Variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district since it will reduce the overall footprint of the building, reduce impervious areas and permit significant beneficial design elements to be incorporated into the structure; and 3. That while the need for the Area Variance may be self- created, the Variance will actually result in a better designed project which minimizes impacts upon adjacent properties. That for the foregoing reasons, the ZBA approves the requested Area (Height) Variance for WCHOB. 4. That this resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 25 day of July 2012. Upon roll call vote: 5 aye's 0 no's [City of Buffalo Zoning Board of Appeals Certification of Votes] RECEIVED AND FILED FROM THE BUFFALO SEWER AUTHORITY NO. 78 ADOPTION OF NEGATIVE DECLARATION OF SEQRA FOR LONG TERM CONTROL PLAN ADOPTION OF NEGATIVE DECLARATION OF STATE ENVIRONMENTAL QUALITY REVIEW FOR LONG TERM CONTROL PLAN - CSO ABATEMENT PROJECT Whereas: The Buffalo Sewer Authority (the "Authority ") was created by New York Public Authorities Law (the "Public Authorities Law ") Section 1177 (the "Authority Act ") and is authorized and empowered by the Public Authorities Law Article 5, Title 8 to provide for the jurisdiction, control, possession, supervision and use of the "facilities ", as defined in Section 1176(10) of the Authority Act, including but not limited to the sewage treatment plant, storm water and sewage collection system constituting the sewer system that serves the City of Buffalo and neighboring communities (the "Sewer System "); and Whereas: Pursuant to Section 1179 of the Authority Act, the City of Buffalo (the "City ") assigned, transferred and dedicated to the Authority the jurisdiction, control, supervision, possession and use of the Sewer System; and Whereas: In accordance with Article 8 (State Environmental Quality Review Act a /k/a "SEQRA ") of the Environmental Conservation Law (the "Act "), and the statewide regulations under the Act (6 NYCRR Part 617) (the "Regulations "), the Authority has considered the proposed adoption and implementation of a Combined Sewer Overflow Long Term Control Plan, dated April,.2012 ( "LTCP ") designed to address and abate combined sewer overflows to area waterways which occur during wet weather, typically rain and /or snow melt events (the "Action "); and Whereas: The LTCP will serve to protect the environment, water quality mad the public health, safety and welfare by reducing discharges of pollutants from combined sewer overflows which would otherwise occur without adoption and implementation of the LTCP; and Whereas: On March 7, 2012, the Authority determined that it would serve as Lead Agency pursuant to SEQRA and engage in a coordinated review process, and a notice of such Lead Agency designation and coordinated review process was mailed to various involved and interested agencies on March 8, 2012; and Whereas: The Authority, through its appropriate officers has identified and contacted all potentially involved and interested agencies in the Action (the "Agencies "), and all of the identified potentially Involved Agencies, as defined in the SEQRA Regulations, have consented or not objected to the Authority's proposal to be Lead Agency for the Action; and Whereas: The Authority, as Lead Agency, in making a Determination of Significance with respect to the Action, has considered the Action as a "Type 1 Action" pursuant to the Regulations, has examined the completed Full Environmental Assessment Form and has reviewed and discussed each and every criteria for determining significance set out in Part 617.7 of the SEQRA Regulations. Now Therefore Be It Resolved: Based upon a consideration of the Action, an examination of the completed Full Environmental Assessment Form, a review and discussion of each and every criteria for malting a Determination of Significance set out in Part 617.7 of the SEQRA Regulations, and such further investigation of the Action and its environmental effects, if any, as the BSA has deemed appropriate, the BSA makes the following findings with respect to the Action: a) No potentially large impacts on the environment from the Action are identified in the Environmental Assessment Form. b) The Action is not expected to trigger any significant adverse impacts, including those examples of impacts listed in Part 617.7 of the SEQRA Regulations. Be It Further Resolved: Based upon the foregoing investigation of the potential environmental impacts of the Action and considering both the magnitude and importance of each potential environmental impact, as more particularly stated in the attached Environmental Assessment Form and Negative Declaration attached hereto and made a part hereof, the BSA makes the following determinations: a) The Action will not have a significant adverse impact on the environment and an environmental impact statement will not be prepared with respect to the Action; and b) The Authority hereby authorizes and directs the General Manager, and its appropriate officers to execute and deliver a Notice of Determination of Non - Significance ( "Negative Declaration "); in form and substance as attached hereto and made a part hereof, and to file such Notice, in accordance with the requirements of the SEQRA Regulations, and to take such other actions, upon the advice of legal counsel, !n furtherance of this resolution as may be necessary or appropriate. The Authority does hereby adopt the LTCP dated April, 2012. All actions of the General Manager, other Authority officers and any other representative or agent of the Authority in the preparation of the LTCP are hereby ratified, approved and confirmed. This resolution shall take effect immediately. Motion to Approve Made By MR. KENNEDY, JR. 2nd By MS. WILSON - DIVINCENZO Ayes 5, Noes 0 Board Meeting of July 18, 2012 RECEIVED AND FILED NO. 79 BUFFALO SEWER AUTHORITY LONG TERM CONTROL PLAN - COMBINED SEWER OVERFLOW (CSO) ABATEMENT PROJECT AND ADOPTION OF SEQRA NEGATIVE DECLARATION. Ladies and Gentlemen: In accordance with the requirements of the State Environmental Quality Review Act ( "SEQRA'), the Buffalo Sewer Authority ( "BSA ") has conducted a coordinated review of the Project. Based on the BSA's analysis of the Full Environmental Assessment Form ( "EAF ") for the Project, and its evaluation of the Project under the criteria set forth at 6 NYCRR § 617.7, the BSA has determined that the Project will not have a significant effect on the environment in accordance with the requirements of the SEQRA. Accordingly, on July 18, 2012, the BSA issued a negative declaration for the Project pursuant to SEQRA, a copy of which is enclosed for your review and information. If you have any questions regarding this Project, please contact me or Oluwole A. McFoy, P.E. at 716 - 851 -4664. Very truly yours, Buffalo Sewer Authority David PI Comerford General Manager REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 80 MAYOR OUT OF STATE In accordance with §4 -4 of the City Charter, please take notice that I will be out of the state on August 30 31 sc, and September 1, 2012. 1 hereby designate Timothy A. Ball, Corporation Counsel, as acting Mayor in my absence. RECEIVED AND FILED NO. 81 ITEMS RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Items which were passed by the Common Council on July 10, 2012 No 82, C.C.P. July 10, 2012 - Waive Permit Fees for Parkside Corn Assoc Movies in the Meadow No 83, C.C.P. July 10, 2012 - Waive Permit Fees for Parkside Summer Art Program' No 85, C.C.P. July 10, 2012 - The 22 Hispanic Health & Info Fair Were presented to the Mayor on July 3, 2012 and returned to the City Clerk on July 24, 2012 without approval or disapproval. Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 82 APPLICATION FOR RESTRICTED USE PERMIT -334 DELAWARE(ELL) DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §51 1 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. NAME OF APPLICANT YS BAD, Inc. BUSINESS ADDRESS 334 Delaware Ave Bflo 14202 NAME OF EVENT Dance Marathon to Benefit - Alzheimer's Assoc. of WNY DATE March 1, 2013 — 6 pm to Noon on March 2, 2013 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 83 BOARD OF ETHICS MINUTES -JUNE 19, 2012 City of Buffalo Board of Ethics Meeting Minutes Tuesday, June 19, 2012 Members in Attendance: Douglas Coppola, James Magavern, Gerald Chwalinski, Eleanor Paterson, Cavette Chambers Guest: Mary Baldwin, Deputy City Clerk. Excused: Richard Sullivan New Business: 1) Roll Call 2) Doug wrote to Judge Craig Hannah regarding the BOE vacancy and if the nominating committee can convene. He did not receive a reply and will follow up with a letter to Judge Hannah. 3) BOE's provisions were read and discussed. Eleanor Patterson and Richard Sullivan's five year terms, which expire October 31, 2014, are unstaggered, although, they should have been staggered. Doug Coppola and James Magavern believe that they are working as a "hold over" since they do not recall their most recent appointment date. Reappointment of Doug and James needs to go through the Nominating Committee. Doug will see the Dean 6/26 and will discuss the vacancy and reappointments. Old Business: 1. Per Cavette, the Law Department will be drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. Cavette will email the board the status of this. Approval of the May1 I, 2012 minutes with no corrections. Next meeting will be scheduled for Tuesday, September 18, 2012. Meeting Adjourned RECEIVED AND FILED NO. 85 CERTIFICATE OF APPOINTMENT(WILLIAMS)(ELLICOTT) Appointment effective August 14, 2012 in the Department of Common Council Division of Ellicott District to the Position of Legislative Assistant Unclassified Non - Competitive Flat Starting Salary of $41,163. Felicia C. Williams, 100 Oxford St. Buffalo 14209 ADOPTED NO. 86 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective 6/29/12 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Appointment Flat Starting Salary of $12.06. Arron Dalton, 182 James St., Buffalo 14210 Certificate of Appointment NO. 84 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 256 Allen St The Bend on Allen Kyle Doving 220 Lexington Ave Vera Pizzeria Jessica Rector 230 Holly St Holly St Cafe Steven Burton 277 Amherst St 277 Amherst St R. Szezpaniak 140 North St Flanders Vent A. Trusso 577 Forest Ave Mangoz Bar & Grill Dennis Ramroop 391 -393 Ellicott Eden Lounge & Nightclub Lauren LaMendola 391 Washington Butterwood Sweet and Savory Claire Bacon 30 Mississippi Helium Elements Kristen Becker RECEIVED AND FILED NO. 85 CERTIFICATE OF APPOINTMENT(WILLIAMS)(ELLICOTT) Appointment effective August 14, 2012 in the Department of Common Council Division of Ellicott District to the Position of Legislative Assistant Unclassified Non - Competitive Flat Starting Salary of $41,163. Felicia C. Williams, 100 Oxford St. Buffalo 14209 ADOPTED NO. 86 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective 6/29/12 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Appointment Flat Starting Salary of $12.06. Arron Dalton, 182 James St., Buffalo 14210 Certificate of Appointment Appointment effective 7/12/12 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $12.06. Allison Medolera, 383 Fargo Avenue, Buffalo 14213 Certificate of Appointment Appointment effective 7/30/12 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $12.06. Kevin Ford, 20 Bickford Avenue, Buffalo 14215 Daniel Dixon, 75 Comstock Avenue, Buffalo 14215 Certificate of Appointment Appointment effective 7/30/12 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $12.06. Joshua L. Parker, 486 Norfolk Avenue, Buffalo 14215 Certificate of Appointment Appointment effective 8/30/12 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $12.06. Melvin Ward, 291 Lafayette Avenue, Buffalo 14213 Certificate of Appointment Appointment effective 8/30/12 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $12.06. Zakari Lee, 155 Durham Avenue, Buffalo 14215 Certificate of Appointment Appointment effective 9/4/12 in the Department of Parking Division of Parking Enforcement to the Position of Laborer II Seasonal Appointment Minimum Starting Salary of $12.06. Mario K B Washington, 586 E. Delavan, Buffalo 14211 NO. 87 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 7/24/12 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Permanent Promotional Minimum Starting Salary of $34,569. Karla Filer, 48 Olcott Avenue, Buffalo 14220 Certificate of Appointment Appointment effective 7/24/12 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Permanent Promotional Minimum Starting Salary of $34,569. Certificate of Appointment Appointment effective 7/23/12 in the Department of Law Division of Law to the Position of Law Clerk Seasonal Non - Competitive Minimum Starting Salary of $11.87 Lauren Howard, 434 Starin Avenue, Buffalo 14216 Certificate of Appointment Appointment effective 7/23/12 in the Department of Law Division of Administrative Adjudication to the Position of Legal Aide to Bureau of Administrative Adjudication Permanent Open- Competitive Minimum Starting Salary of $31,754 Nancy Nicole Renzoni, 20 Portlan Street, Buffalo 14220 Certificate of Appointment Appointment effective 8/13/12 in the Department of Public Works, Parks & Streets Division of Water to the Position of Senior Engineering Aide Permanent Appointment Minimum Starting Salary of $36,812 Jermaine Skillon, 62 Kirkover Street, Buffalo 14206 Certificate of Appointment Appointment effective 8/20/12 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 John Scanlon, 201 Cumberland Avenue, Buffalo 14220 Certificate of Appointment Appointment effective 8/27/12 in the Department of Permit & Inspection Division of Permit & Inspection Services to the Position of Building Inspector Permanent Appointment 1 sc Step Starting Salary of $33,304 Charles Didio, 785 Auburn Avenue, Buffalo 14222 Certificate of Appointment Appointment effective9 /10/12 in the Department of Audit and Control Division of Audit to the Position of Junior Auditor Permanent Open - Competitive Minimum Starting Salary of $34,569 Carlos Costner, 89 Sumner Place, Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 88 BFLO WATER BD MONTHLY REPORT -JULY 2012 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 89 LP CIMINELLI -BOARD PACKET DOCUMENTS - AUGUST 2012 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on August 6, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated July 16, 2012 3. Fully Executed Phase II Application and Certificate for Payment No. 47 - June 2012 4. Fully Executed Phase III Application and Certificate for Payment No. 50 - June 2012 5. Fully Executed Phase IV Application and Certificate for Payment No. 48 - June 2012 6. Fully Executed Phase V Application and Certificate for Payment N 31 - June 2012 7. Phase III Application and Certificate for Payment No 51 -July 2012 8. Phase IV Application and Certificate for Payment No. 49 - July 2012 9. Phase V Application and Certificate for Payment No132 - July 2012 10. Program Packaging and Development Services (PPDS) Provider Update 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project — June 2012 12. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly 12. Report for Addendum 1 Phase V Project- June 2012 13. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - June 2012 14. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - June 2012 15. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V -June 2012 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 90 S. COLON - DIVESTMENT OF CITY FUNDS FROM JP MORGAN CHASE BANK Dear Council President Fontana; Please accept this letter as our intent to speak before the member of Buffalo's Common Council regarding a total divestment of City funds from JP Morgan Chase Bank. While, Occupy Buffalo is encouraged by the city's action of a 10% divestment to date we continue to advocate for a total divestment from Chase. We are submitting the Buffalo -Chase Bank Divestment Act for a third time asking once again for a total divestment. The People of Buffalo are good neighbors and we expect the business community in Buffalo to be good neighbors too. Chase CEO Jamie Dimon says : "Giving debt relief to people that really need it, that's what foreclosure is... [Homeowners] are probably better off going somewhere else, because they get relieved almost 100% of the debt through foreclosure "(Businesslnsider.com, 5/4/12). In this day and age we cannot stand by as whole families face homelessness while bankers pat themselves on the back for resolving the family's "debt problem." Our Comptroller has stated that divestment "sends a crystal -clear message to JPMorgan Chase that the City of Buffalo is not happy with their business practices," (The Buffalo News, 5/30/12). Unfortunately Chase bank still continues their unsavory and risky business practices which have led to a 7 billion dollar loss for this year (see the LA Times article attached). Apparently chase has not gotten the message. We at Occupy Buffalo along with our allied organizations are calling on Chase to do the following: 1) Stop all filed and unfiled foreclosure actions until a mutually acceptable, timely, and transparent mortgage modification process is in place and an independent appeals process is in place as defined below. 2) Put in a place a mortgage modification process which produces permanent affordable transparent timely modifications whenever these have a positive net present value. These modifications must include principal write -downs and interest rate reductions for the life of the loan. Loans must be considered for modification before foreclosure may be initiated and any foreclosure proceeding must be frozen (including all steps of the foreclosure process, not just sales) if there is a request for a loan modification and while loans are being considered for modification, and during any appeal. Chase should issue a new portfolio loan at affordable terms for any borrower where agreements with investors preclude the needed modification. For any junior /second lien that is entirely underwater, the lien must be written off. Costs and fees charged during the modification or foreclosure process cannot be added to the new loan. 3) Pay for an independent reviewer and pay for borrower representation for an independent appeal process for all mortgage modification requests that are denied by the bank, for those modification proposals where the borrower believes the new terms to be unaffordable, and for completed foreclosures where the property has not yet been sold by the bank. Pay restitution to homeowners who lost their properties unfairly - that is when a modification under the above terms would have been possible. If Chase is still in possession of the home, Chase must return the home to the homeowner if a mortgage modification is possible under the terms above. Release data about Chase's proprietary and HAMP mortgage modifications to the City Comptroller and the State Banking Commissioner. The data to be provided must include the amount and percentage change in interest rate and principal, the length of the interest rate reduction, the front and back end loan to value ratios, the standard variables used in the net present value tests, reasons why people were rejected from getting HAMP and /or propriety modifications, and re- default rates with this information coded by race and zip code. In order to show Chase that mortgage modifications and the prevention of foreclosures are imperative, the City of Buffalo should: 1) City of Buffalo should close all bank accounts and stop all transactions that are processed through Chase Bank. 2) City of Buffalo should agree to not use Chase in any way as they issue bonds. Members from Occupy Buffalo look forward in an opportunity to present to the Buffalo Common Council on this issue. For any questions please contact Samantha Colon at 716 - 602 -5245, sam.occupvbuffaloO-yaboo.com: REFERRED TO THE COMMITTEE ON FINANCE. NO. 91 D. KAMINSKI - RECONST AND BRIDGE REPLACEMENT /REHAB ROUTE 5 AND FUHRMAN BLVD Dear Mr. Chwalinski: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on July 25, 2 012. The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over to the respective agency. Please note if your agency is directly involved. If not, this letter serves as a courtesy to notify you that the contractor for this project, Union Concrete & Construction Corp., is no longer directly involved in roadway maintenance. Very truly yours, RECEIVED AND FILED NO. 92 M. LOCURTO- REQUEST RESPONSE FROM LAW DEPT RE AGMT BTWN COB & SENECA GAMING Dear Corporation Counsel Ball: At the July 17, 2012 Common Council Legislative Committee, I formally requested a memo from the Corporation Council regarding the agreement between the City of Buffalo and the Seneca Erie Gaming Corporation and Seneca Nation. Specifically, requested information regarding the steps that would need to be taken in order to sever the agreement with the Gaming Corporation due to its failure to comply with the terms of the agreement. Please let this letter serve as a written request for this information. Please file your response with the Common Council for the September 4, 2012 meeting. Thank you for your continued attention in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 93 S. METIVIER - WETLANDS AND WATERS SCOPING DOCUMENTS Classification: UNCLASSIFIED Caveats: NONE Nadine, Thank you for speaking with me yesterday. As we discussed, the Cords recommends that a category for "Wetlands and waters" be added under Section 3 (Environmental Setting Impact Analysis and Mitigation Measures). Under Section i0 of the Rivers and Harbors Act of 1899, and Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers has regulatory authority over construction, excavation, or deposition of materials in, over, or under navigable waters of the United States. Under Section 404 of the Clean Water Act, the U.S. Army Corps of Engineers regulates the discharge of dredged or fill material into waters of the United States, including freshwater wetlands. Certain types of activities, Such as landclearing using mechanized equipment and /or sidecasting, in a jurisdictional water would likely be regulated under Section 404 of the Clean Water Act. In addition, I would recommend that the scoping document address the potential differences between wetlands regulated by the Corps of Engineers and those regulated by New York State. Thank you very much for this opportunity to provide comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 94 S. NORRIS -ZERO TOLERANCE FOR BULLYING AT SCHOOLS. I would like to put a new measure for consideration by Buffalo Common Council. It has to deal with bullying and harassment incurred by people who happen to be autistic or different /special needs kids. Bullying is a nationwide problem and I believe that it needs to be addressed and cut at the root. My proposal would phase in a zero tolerance city -wide for any kid caught harassing, intimidating, bullying (including cyberbullying) or discriminating against another peer on grounds of race, ethnicity, sex, gender, sexual orientation, mental development, immigration status or socioeconomic income. As someone diagnosed with Asperger Syndrome (Pervasive Development Disorder) myself, I was harshly and severely bullied growing up. I was often beaten up by more than one thug at the time. Harassment and incidents of assaults and battery were very common. Unfortunately, the principal could not or did not have the means or the willpower to stop it, or he was helpless. I am here attempting to save other children growing up for having to cope with the same conundrum. Bullying incidents are very common at the East Side in particular. I would like to emulate the approach taken in the United Kingdom by adopting a "zero tolerance" policy to be strictly enforced throughout Buffalo. That includes: 1. Advertisements at each and every school in Buffalo, in both English and Spanish, to the effect of how negative and long lasting the psychological effects and impacts of bullying are and how detrimental they are on the resources of the city in the long run, including on the mental health of its residents. 2. Suspensions for up to a week for first time offenders with stricter penalties for repeat offenders, up to the expulsion of the culprit in extreme situations. 3. Cooperation and collaboration with the BPD in cases of extreme criminal aggravated assaults resulting in bodily harm or trauma. Parents of offenders should be held liable and accountable for actions of their off springs. 4. A city wide education campaign at classes and elsewhere to prevent and address bullying and harassment. 5. Teaming up with organizations promoting autism awareness to raise awareness for autism, including Asperger's Syndrome and other Autism Spectrum Disorders. I suggest teaming up with buffalo -based hospitals as well. I plan to set an appointment with Mayor Byron Brown and discuss my proposal with him face -to -face one -on -one. I believe it's imperative for Buffalo Common Council to discuss and adopt my motion as a new city -wide ordinance to be signed by Mayor Brown and take a force of law. I also am going to address the Buffalo School District Board of Education on a Wednesday for the same. goal. Pleas give it your full considerations. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 95 B. SMITH - BIENNIAL CONSULTING ENGINEER'S REPORT ON BFLO WATER SYSTEM -2012 The Buffalo Municipal Water Finance Authority (the "Authority "), under the terms of the Financing Agreement dated as of September 24, 1992, as amended, by and between the Authority, the Buffalo Water Board (the "Board ") and the City of Buffalo (the "City "), is required to retain a Consulting Engineer (the "Engineer "). Every 2 years the Engineer is to examine and report on the properties and operation of the Buffalo Water System (the "System ") and determine, among other things, whether the System has been maintained in good repair and sound operating condition. CRA infrastructure & Engineering, Inc. (CRA) has been retained by the Authority as the Engineer, and has prepared this report on the properties and operation of the System. CRA personnel have performed site visits, operational reviews, and desktop evaluations, and have conducted interviews with various System managers and staff. System facilities and various operation and maintenance (O &M) practices have been observed and /or examined to confirm the ability of such facilities and practices to provide safe, adequate water supply to the residents and customers of the Buffalo Water System. SYSTEM DESCRIPTION 1.1 ORGANIZATION The following is a description of the management, operation, and oversight of the System and the respective roles and responsibilities of the City, Authority, Board, and Operations manager: The City of Buffalo: In 1992, pursuant to the authority granted by the Buffalo Municipal Water Finance Authority Act (Water Act), the City sold the System and transferred all title and interest In the System to the Board under an Acquisition Agreement dated as of September 24, 1992. In accordance with the Acquisition Agreement, the Mayor of the City appoints all of the directors or members of the Board and some members of the Authority. The City Common Council confirms the Mayoral appointees to the Board and Authority. The Board does not have any employees of its own, but pursuant to the Act and the financing Agreement is granted authority to use the services of City employees and City officers to operate and maintain the System. As noted below, the Board has engaged a professional manager to assist the Board in managing the day -to -day operations, maintenance, and repair of the System. The Buffalo Municipal Water Finance Authority: Authority is a public- benefit corporation created pursuant to the Water Act. Among its powers under the Water Act, and in accordance with the Financing Agreement, the Authority may borrow money and issue negotiable or non - negotiable notes, bonds, or other obligations to finance water projects and capital improvements for the System. Additionally, the Authority has oversight of the operation and maintenance of the System and the Board's management of the System. The Authority is administered by a Board of Directors consisting of seven members. Currently there are three vacant Board of Director positions. It is recommended that the two Mayoral appointment vacancies and the one Governor's appointment vacancy to the Board be filled. The Buffalo Water Board: The Board was created under the New York State Public Authorities Law section 1049. In addition to the Financing Agreement, the Board has entered into an Operation Agreement with the City dated as of September 24, 1992, as amended. Under the terms of the Financing Agreement, the Operation Agreement, and the Water Act, the Board is responsible for the management, operation, maintenance, and repair of the System. It is required to establish, charge, and collect rents, rates, fees, and charges in an amount necessary to pay the costs of operating and financing the System, so that the System may be placed on a self sustaining basis. The Board has authority to enforce collection of all charges through lien foreclosure, civil lawsuits, and termination of service. The operation of the System may include the engagement of independent contractors for the fulfillment of the Board's duties and obligations to manage, operate, and maintain the System. The Board consists of seven members who are appointed by the Mayor, and such appointments are subject to confirmation by the City Common Council. Furthermore, Board members must meet certain minimum qualifications to be eligible for service. Currently there are three vacancies on the Board. It is recommended that these vacancies be filled. System Management: In 2010, the Board entered a Management Agreement with Veolia Water North America - Northeast LLC ( Veolia), an independent contractor, to manage the System. Veolia provides professional management services in connection with the operation, maintenance, and repair of the System. The Management Agreement grants Veolia limited authority as the representative of the Board in carrying out its obligations, and neither the Board nor Veolia is an agent, employee or joint venturer with the other, the City or the Authority. In accordance with the provisions of the Management Agreement, Veolia is to manage the City employees in a manner that is expected to achieve certain efficiencies and provide certain benefits to the Board. The Management Agreement obligates the Board to pay Veolia an annual management and operation fee. The current agreement, approved by the Common Council, is for a 10 -year term and contains performance targets relating to key contract deliverables. Currently, there are several vacancies within the Division of Water which may impact Veolia's ability to perform certain maintenance functions. The City has recently hired a new personnel administrator who is actively working to fill such positions. 1.2 THE SYSTEM The Board supplies water to the City of Buffalo, which according to the United States Census Bureau has a population of approximately 261,000 (2010). Water service is provided to approximately 74,400 active customer accounts. In addition to supplying water to residents and businesses located in the City, the System also supplies treated water to a small number of customers bordering the City limits in Cheektowaga, West Seneca, and Lackawanna. The customer base consists of residential, commercial, and industrial customers. There are approximately 63,500 metered customers, mad approximately 10,900 residential customers that are billed at a flat rate. The distribution system is interconnected with both the Erie County Water Authority and Town of Tonawanda water distribution systems for reciprocal emergency supply. Water Treatment Plant - The Water Treatment Plant (WTP), built in 1926, is a flocculation /sedimentation facility with rapid sand filters and a rated capacity of 160 million gallons daily (mgd). Water is drawn from the Emerald Channel at the head of Lake Erie through a 6,600 -foot intake conduit. The WTP presently consists of a low lift pump room with six pumps having a total rated pumping capacity of more than 300 million gallons per day (mgd), a 10- million gallon (rag) settling basin, 40 filters, and a 30 -mg final clearwell. The average daily water production during 2011 at the treatment plant was approximately 59 mgd. Pumping Stations - The System has two primary pumping stations: Colonel Ward and Massachusetts Avenue. The Colonel Ward Pumping Station was put into service in 1915. It has three 50 -mgd centrifugal pumps that were installed in 1938 and completely reconditioned in 1998. The Colonel Ward Pumping Station is currently undergoing a significant upgrade to improve pumping efficiencies and provide improved operational flexibility such that production will correspond to system demands. The Massachusetts Avenue Pumping Station has two 50 -mgd pumps, two 30 -mgd pumps, and a newly installed 17 -mgd pump. The Colonel Ward and Massachusetts Pumping Stations are each alone capable of meeting the System's current average daily demand. This redundancy provides significant operational reliability and stability for the Board's customers. The Board also operates two smaller pumping facilities at the Grover Cleveland and Manhattan tank sites. These pumping facilities are booster stations used to increase pressure to localized areas of the City. Storage Facilities - The System has six storage facilities each described briefly below. The Manhattan Storage Tank, constructed in 1968, is a 5,000,000 - gallon ground level storage tank in the northeast section of the City. The booster pump station at the facility houses three 3,500 gallon -per- minute (gpm) pumps which are used to supplement supply and pressure to that part of the City. The Grover Cleveland Storage Tank and Booster Station, constructed in 1912, consists of a 250,000 - gallon steel standpipe and four booster pumps. This tank is located in the northeast section of the City and is used to manage pressure in that area. The Kensington Tower was constructed in 1909 and is located in the northeast section of the City. The tower is an elevated steel tank enclosed in a brick structure with an approximate capacity of 790,000 gallons. The Hancock Tower, constructed in 1938, is located in the southern part of the City. It is an elevated 2,000,000 - gailon tank. The Ferry Tank, also constructed in 1938, is located in the east section of Buffalo, is an elevated 2,000,000 - gallon tank and supports the distribution system pressure in the central part of the City. The Finished Water Clearwell is a 30,000,000 gallon underground storage facility located at the Filtration Plant at the foot of Porter Avenue. The Clearwell is used to temporarily store treated water before distribution and to equalize the filtration and pumping processes. Transmission and Distribution - - The transmission and distribution system consists of approximately 785 miles of pipe; 12,120 valves; and 7,400 fire hydrants. The major transmission system consists of 36 -inch, 48 -inch, and 60 -inch feeder mains which are constructed to form major supply loops around the City and directly supply the water storage facilities. The secondary transmission system, consisting of 16 -inch, 20 -inch, and 24 -inch mains forms an intermediate network of supply within and around the major transmission system. The distribution system consists of all remaining watermains that range in size from 4 inches to 12 inches in diameter. Table No. 1 -1 on the following page summarizes the major water system facilities and assets throughout the City of Buffalo. RECEIVED AND FILED NO. 96 C. TARR- CONCERNS RE TOPS SUPERMARKETS -346 AMHERST Concerns regarding Tops Markets LLC and Benenson Capital Company as petitioners at 345 Amherst Street, Buffalo NY seeking all necessary permits and approvals for the new construction of a Gasoline Fueling Facility. To the Corporation Counsel and Honorable Members of the Council & Planning Board: I am a 20 -year resident of the West Side of Buffalo. After reading of this proposal in the June 20 issue of Artvoice, I immediately sought to review pertinent documentation including the SEQR Environmental Assessment Form completed April 13, 2012 [Exhibit- A] and the May 17, 2012 summary brief authored by Mr. Daniel Spitzer of Hodgson Russ LLP (Exhibit -B]. Seven principal concerns are expanded below with exhibit. This brief doses with observations and suggestions for alternative ideas. This brief is intended to demonstrate that both the U.S. Environmental Protection Agency and the New York State Department of State hold superior jurisdiction per the location of the proposal within the Coastal Waterway Zone and a standing EPA order for remediation of Scajaquada Creek which is directly adjacent to the proposed site. Therefore, the proposal should remain tabled until it is confirmed that the applicant has properly entered a Coastal Assessment Form (Exhibit -C] with the New York State Department of State for a ruling on consistency with coastal policies. Following that action, a variety of other conflicts are explained in this brief, whereby the proposal should trigger a Typed action designation and receive a Positive Declaration for a full Environmental Impact Study. Expanded Primary- Concerns 1. EAF Deficiencies Focusing on City codes, the applicant has presented a deficient Environmental Assessment Form ('EAF) to the Planning Board (6i7.20 Recorded April 13, 2012). The applicant has failed to adequately acknowledge conditions requiring jurisdiction pertinent to both the U.S. Environmental Protection Agency and the New York State Department of State. The Planning Board (as Lead Agency) is charged to "Determine whether the action involves a federal agency and /or whether the action may involve one or more other agencies" under New York State DEC §617.6 (a- ii,iii). The State Environmental Quality Review [SEAR) process was designed to be "self- enforcing." On the Occasion that the Lead Agency (Planning Board) or City Council are not provided a full and accurate depiction of the proposal's relationship with the environmental surroundings it is intended to occupy, the forward path of any'self- enforcing' process is inherently flawed. The founding intentions of the SEQR process are explained with ease alongside useful definitions and Zreference examples within the SEQR Handbook published by NYS -DEC as a PDF document at the Ofollowing link: http: / /www.dec.ny_.gov /docs /permits ej operations pdd[/segrhand book. pdf Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 97 J. BURNEY- COMMENTS BFLO GREEN CODE Comments regarding the Draft Scope of the Buffalo /and Use Plan. the Unified Development Ordinance (Buffalo Green Code). LWRP and BOA areas These comments are presented on behalf of the Friends of Times Beach. Section One is a comment focused on the overall SEQRA scoping process identified by the Scoping Document, and is authored by one of the Friends of Times Beach, Arthur Giacalone is restricted to the impacts or perceived and anticipated impacts of the Scoping Document - SECTION ONE Buffalo's "scoping" process is "too much, too late" SEQRA, our state's Environmental Quality Review Act, encourages government agencies to use an optional procedure, known as "scoping," when deciding the contents of an environmental impact statement. When properly conducted, scoping is a good thing. It provides the public a meaningful role in identifying significant adverse impacts likely to result from an agency's proposed action or project, alternatives to the agency's preferred plan, and mitigation measures needed to avoid or reduce negative environmental impacts. When not done correctly, however, scoping is a hollow exercise that gives the public a false sense of an open and flexible decision - making process. On July 24 Mayor Byron Brown's Office of Strategic Planning announced that it was "starting the environmental review process" for the so- called Buffalo Green Code by releasing its "draft scope" for a draft generic environmental impact statement. The City plans to conduct an environmental review that will evaluate "as one package" the following diverse projects: -Buffalo's Land Use Plan and Unified Development Ordinance, a set of policies and regulations to guide the city's physical development • Local Waterfront Revitalization Program, a set of development policies for the City's coastal areas. • Revised Urban Renewal Plans, intended to take into account modern -day priorities for community and economic development • Brownfield Opportunity Areas, a package of brownfield area master plans for South Buffalo, the Tonawanda Street Corridor, Buffalo Harbor, and the Buffalo River. The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. But it is not merely the overwhelming size and complexity of the task given to residents that jeopardizes the public's ability to meaningfully participate in the scoping process. The opportunity for informed and purposeful public involvement is also severely hampered by the timing of the environmental review for these projects. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. The pretense of meaningful public participation continues. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 98 M. PELLEGRINO -FAIX COMMENTS ON BFLO GREEN CODE RICHARDSON CENTER CORPORATION To whom it may concern, The Richardson Center Corporation would like to provide the following input on the Buffalo Green Code. The Richardson Center Corporation is a not - for - profit board put in place in 2006 by then - Governor Pataki to stabilize, preserve, and rehabilitate the Richardson Olmsted Complex, the former Buffalo State Asylum for the Insane. The Richardson Center Corporation supports the "note about adaptive reuse" included in the Zoning Technical Report and its adaptability to the Master Plan for the Richardson Olmsted Complex. Although zoned in this report as green space, it appears this flexible language enables zoning changes to meet the Richardson Olmsted Complex redevelopment. The Core Project for this historic structure begins with the first phase of development, which will include a boutique hotel, conference and event space, and the Buffalo Architecture Center. The Core Project will create a physically and programmatically interdependent real estate project in the Towers building and two flanking former wards (one third of the total historic buildings). The remaining buildings are being stabilized pending future opportunities. Under consideration for additional buildings are tenancies for Buffalo State College and other compatible not - for - profit, arts and culture uses. The Core Project includes "re- greening" of the landscape to the South and North, along with altered circulation and parking to accommodate the new uses. The Richardson Center Corporation welcomes the possibilities the new Buffalo Green Code will bring. Thank you for your work on this policy. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 99 K. CODY- RESPONSE BFLO CONSOL DEV FRAMEWORK -BFLO WEST SIDE WTRFRNT AND PEACE BRIDGE Response to Draft Scoping Documents for the Buffalo Consolidated Development Framework and the Buffalo Green Code: Specifically, Buffalo's West Side Waterfront and Peace Bridge August 16, 2012 To Whom It May Concern: I respectfully submit the following response to the Draft Scoping Documents for the Buffalo Consolidated Development Framework (BCDF), or Green Code, in agreement with the Columbus Park Association comments of August 12, 2012. Although the BCDG and its accompanying Green Code document are skillfully crafted, several issues appear to be neglected. The BCDF and Green Code documents do not properly address the many potentially deleterious and hazardous effects of projects such as the current Peace Bridge Expansion Plan: The Scoping Documents barely address the real issues that plague the historic neighborhood and Olmsted's Front Park near the Peace Bridge. The City of Buffalo must refrain from endorsing such projects as the current Peace Bridge Expansion Plan because it will cause undue and irreparable harm to historic properties and to the health of the residents of this historic community. As Buffalo's only remaining historic waterfront neighborhood, the City of Buffalo should instead protect it as a neighborhood with great potential - a strong link between the waterfront and historic Olmsted Park that it borders, and other potentially successful turnaround neighborhoods surrounding it. If the City of Buffalo is sincere in its efforts toward a "Local Waterfront Revitalization Program," then it should refrain from endorsing continued or increased movement of freight across the Peace Bridge. The City should proceed with caution in its support of efforts to "capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" (Green Code, p. 25). If the City fails to protect the air quality and historic character of the Prospect Hill Historic District and Front Park, the City may see very few long -term gains from such ventures, and in fact, will likely see a further decline in the character of the neighborhood as a result as long as health issues persist. Anyone can clearly see the decline in value of the properties immediately adjacent to the current plaza, including those owned by the Public Bridge Authority (PBA) that were left to deteriorate, with no Buffalo housing citations. The City should not be calling for support of infrastructure improvements that increase "freight movement efficiencies..." (Green Code, p. 28) in the area near the Prospect Hill Historic District. The City should support efforts to relocate commercial traffic to any of the many other crossing options, in order to improve passenger traffic flow over the Peace Bridge while minimizing the impacts on Front Park and surrounding neighborhoods. The City can do this by rejecting all efforts by the PBA to take over Busti Avenue and destroy the significant collection of historic homes between Vermont and Rhode Island Streets. The historic Episcopal Church should not be doomed to become merely a centerpiece in the PBA's insane scheme to accommodate a series of ring -roads to veer traffic toward its planned mega -Duty Free store that will continue to sap tax dollars from City and State, while at the same time deterring customers from supporting struggling local businesses. Note that the Duty Free franchise is owned by the Falik family, who live and prosper in Florida. They don't have to breathe in the emissions from the many trucks and cars that will loop around, stop, start again, then accelerate past our neighborhood and City. Such a self- contained transportation hub will discourage potential tourists from venturing into our beautiful city. They will only see it through their car windows as they pass around Buffalo at 55 miles per hour on their way to their destination (which, according to traffic studies within the Draft Environmental Impact Study for the Peace Bridge Expansion Plan of 2008, is usually someplace other than Buffalo). Recently, the City of Buffalo has disappointed its residents by showing its support for the relinquishment of Busti Avenue between Vermont and Massachusetts to the State of New York so that the State can "hand it over" to the Public Bridge Authority, which can then proceed with its plan to expand the Peace Bridge Plaza into the Prospect Hill Historic District. This underhanded relinquishment of historic City streets is in covert disagreement with the Comprehensive Plan for Buffalo (2006) and violates public access rights as stated in Section V below. Furthermore, the addition of an enlarged facility and parking area for a major privately owned for - profit business (The Duty Free Store) interferes with the expansion plan's alleged goal to "support efficient movement of goods" and "improve traffic flow," and completely goes against efforts to "minimize the impacts on Front Park and the surrounding neighborhoods." The BCDF and Green Code documents fail to provide for the protection of Buffalo's citizens from poor air quality. The scoping documents state that "no adverse impact on air quality is expected." Therefore air quality will not be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process. The most recent Peace Bridge Expansion Plan does not adequately address air quality issues that have been medically and scientifically demonstrated to adversely impact air quality and public health. Failure to include air quality review during scoping violates mitigation measures. Additionally, the City should not promote the business objectives of the Public Bridge Authority at the expense of the health of the residents in the neighborhood immediately adjacent to the Peace Bridge Plaza - a neighborhood that existed long before the Peace Bridge existed. Below are some recommendations that should be included in the final BCDF documents: The final document must consider alternatives for processing freight at other locations. The final document must consider that air toxins at the Peace Bridge Plaza contribute to high rates of asthma, other respiratory disease and other related chronic illnesses. These are linked to the high level of diesel exhaust produced by trucks at the Peace Bridge. Despite newer regulations regarding "retrofitting" of older model diesel trucks, emissions are expected to remain high for several more years. Please see the NYS DOH statistics on lung and bronchus cancer in zip code 14213 (adjacent to the Peace Bridge plaza). • The document must consider that diesel fumes are carcinogens that causes lung cancer (see statistics from WHO). Section 3.2 of the scoping document does not address the Environmental Justice impact of the freight /Peace Bridge related sections of the Green Code. Outdated census data from the year 2000 was consistently used throughout the Socio Economic Analysis of the 2007 DEIS of the Peace Bridge Expansion Project (see Appendix G). The more current 2010 data will likely reveal the Project Area to be socio economically deteriorated to the point at which the Project poses an Environmental Justice impact on this neighborhood. Moreover, the use of merely Tract 70 rather than the more appropriate Tracts 70 and 69, falls to consider the predominantly east -bound winds that inflict air toxins onto both of these tracts. IV. The protection of historic resources is not adequately addressed: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered without taking into account the vast collection of National Register Eligible (NRE) neighborhoods and individual properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether: The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The document should review the possible reversal of inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business. V. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. The scoping documents must investigate how the Peace Bridge infrastructure and operations impact the public's access to parkland (Front Park and LaSalle Park), city streets ( Busti, Niagara and Porter) and adjacent waterfront. The public has rights to use public resources without risking life or health. The public is breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This also pertains to children who use the water park at Sentenial pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive, exit onto Porter Avenue, then travel toward Niagara Street directly in front of this playground. • Currently, passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. If the City of Buffalo is sincere in its intent to "develop strategies for improving the appearance of 'first impression' corridors and entry points into the city" (Green Code, p.25), the BCDF and related documents must be revised to address environmental factors such as air quality, historic integrity, and social justice. Allowing the continued and proposed detrimental effects of duty free and truck traffic at the Peace Bridge will undo many of the gains we now enjoy - and prosper from - at other Buffalo waterfront areas. The neighborhood will continue to be prohibited enjoyment of clean air and waterfront vistas as truck traffic increases.... that is, if the neighborhood survives. In order to avoid this demise, it is imperative that the City of Buffalo prevents the sale of Busti Avenue to the State for its turnover to the PBA. The BCDF and supporting documents should aspire toward the removal of truck traffic from the Peace Bridge rather than the accommodation of it, and should prohibit further expansion of the bridge plaza, especially if the Duty Free Store remains part of the plan. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 100 P. CODY- RESPONSE BFLO CONSOL DEV FRAMEWORK -BFLO WEST SIDE WTRFRNT AND PEACE BRIDGE Response to Draft Scoping Documents for the Buffalo Consolidated Development Framework and the Buffalo Green Code: In Particular, Buffalo's West Side Waterfront and Peace Bridge August 16, 2012 To the Planners of the City of Buffalo: I am responding to the Draft Scoping Documents for the Buffalo Consolidated Development Framework (BCDF), or Green Code, because I agree with the Columbus Park Association comments of August 12, 2012, on every issue they have addressed, especially as it regards the Peace Bridge neighborhood that we call the Columbus Park neighborhood, and that is also referred to as the Prospect Hill Historic District. As a 40 -year resident of this neighborhood and a grandmother to 3 young boys who live right around the comer from me, I would like to add my own comments here. I believe many of our leaders are missing the big picture with the expansion plans of the Peace Bridge, especially as it relates to the BCDF document. This historic neighborhood that nestles itself around Olmsted's Front Park has been a thriving community since the early 1800s, long before the Peace Bridge even existed. Now, because of the many pollutants that come from the bridge traffic, people in this neighborhood are coming down with asthma and are dying of cancer. I myself have suffered from asthma for years. Many of my friends have moved away from this neighborhood because of the pollution from the bridge traffic, after their doctor advised them to move away - mostly from the carcinogens and particulate matter from the trucks. My grandchildren play outside every day, either in their backyard or in Front Park or Columbus Park. The City of Buffalo would not be true to its words in this BCDF document that says it plans to "minimize the impacts on Front Park and the surrounding neighborhoods" if it allows the Peace Bridge Expansion Plan to move forward. This terrible plan will render Front Park unusable because of all the air pollution from the truck traffic, and will demolish or trap historic properties as well as the health of the residents of this historic community. This is Buffalo's last historic neighborhood near the lake. I would think that the City of Buffalo would prefer to protect it than see it continue to deteriorate. If the City of Buffalo truly means to create a "Local Waterfront Revitalization Program," then it cannot in good conscience allow the Peace Bridge to encourage truck traffic and consumerism at the Duty Free store. This expansion is touted by the Peace Bridge bullies to be an effort to reduce congestion and make traffic flow more smoothly, but it will only do the opposite. People in ears and trucks will be stopping and starting their engines even more if they go to the Duty Free store. Even a layman knows that such stopping and starting releases more pollutants into the air. So, does it make sense to allow them to take up an entire 2 or 3 blocks of a historic Busti Avenue and destroy several significant historic structures to build a huge Duty Free store and parking lot? If they are allowed to proceed with this destructive plan, this community may never recover. If the City fails to protect the air quality and historic character of this neighborhood and Front Park, the City will likely see a further decline in the character of the neighborhood. This blight has already happened to the properties right next to the current plaza. The City must prevent this plaza expansion plan by preventing the sale of Busti Avenue to the State. Governor Cuomo had no right to come in on his "surprise visit" and ask the city to hand over this street, no matter how much money he offers to pump back into the neighborhood. Buffalo should not be the doormat to big business and commerce, especially when its citizens are unlikely to reap any benefits from it. And we all know how money like that never seems to end up where it's supposed to go. In closing, the City should not promote the business objectives of the Peace Bridge Authority at the expense of the health of the residents and the character of this neighborhood. Rather, the City should insist that other truck crossing options be considered; and insist that the Duty Free store and parking lot be eliminated from all future plaza expansion plans because it constrains rather than relieves traffic congestion (by the way, another Duty Free store is right over the bridge in Canada only several hundred feet away - why can't all purchases be made there, regardless of whether people are coming or going ?) The City of Buffalo has made great strides with its Canalside and Wharf areas, thanks to the many citizens who knew in their hearts that the Bass Pro Shop was not the best option for Buffalo's downtown waterfront gem. I trust that the City will fight special interests and commercial profiteers in order to preserve yet another waterfront gem in my neighborhood. REFERREDTO THE SPECIALCGMMITTEE ON WATERFRONT DEVELOPMENT NO. 101 T. CODY- RESPONSE GREEN CODE - BROWNFIELD Final Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields August 16, 2012 To Whom It May Concern: I respectfully submit the following response to the Draft Scoping Documents for the Buffalo Green Code, in agreement with the Columbus Park Association comments of August 12, 2012. Most of the comments below are in regard to concern for the neighborhood near the Peace Bridge, where I reside with my wife and three children. I have replaced or supplemented the comments of the Columbus Park Association according to my own personal views. 1. Objection to Section 3.10 of the scoping document; Peace Bridge The Green Code document at page 25 states it will "capitalize upon highway, rail and Peace Bridge access points for cargo oriented development." The document states that it will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." (emphasis added) The City of Buffalo has shown its support for the relinquishment of Busti Avenue between Vermont and Massachusetts to the State of New York so that the State can "hand it over" to the Public Bridge Authority, which can then proceed with its plan to expand the Peace Bridge Plaza into the Prospect Hill Historic District. This underhanded relinquishment of historic City streets is in covert disagreement with the Comprehensive Plan for Buffalo (2006) and violates public access rights as stated in Section V below. Furthermore, the addition of an enlarged facility and parking area for a major privately owned for - profit business (The Duty Free Store) interferes with the expansion plan's alleged goal to "support efficient movement of goods" and "improve traffic flow," and completely goes against efforts to "minimize the impacts on Front Park and the surrounding neighborhoods." The major loss in tax revenues because of Duty Free is outside of the scope of this response, but it should be noted that this inclusion of the Duty Free Store will also drive sales away from competing area businesses and will discourage travelers from spending money in the City of Buffalo. • The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process. The most recent Peace Bridge Expansion Plan does not appear to adequately address air quality issues that have been medically and scientifically demonstrated to adversely impact air quality and public health. Failure to include air quality review during scoping violates mitigation measures. Additionally, the document seems to promote the business objectives of the Public Bridge Authority at the expense of the health of the Buffalo residents in the neighborhood immediately adjacent to the Peace Bridge Plaza - a neighborhood that existed long before the Peace Bridge: The document falls to consider alternatives for processing freight at other locations. • The document fails to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge Plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents, which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge. Despite newer regulations regarding "retrofitting" of older model diesel trucks, emissions are expected to remain high for several more years. • The document fails to consider NYS DOH statistics on lung and bronchus cancer in men and women in zip code 14213 (neighborhoods adjacent to the Peace Bridge plaza). • The document falls to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer. Section 3.2 of the scoping document does not address the Environmental Justice impact of the freight /Peace Bridge related sections of the Green Code. Outdated census data from the year 2000 was consistently used throughout the Socio Economic Analysis of the 2007 DEIS of the Peace Bridge Expansion Project (see Appendix G). The more current 2010 data will likely reveal the Project Area to be socioeconomically deteriorated to the point at which the Project poses an Environmental Justice impact on this neighborhood. Moreover, the use of merely Tract 70 rather than the more appropriate Tracts 70 and 69, fails to consider the predominantly east -bound winds that inflict air toxins onto both of these tracts. III. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NILE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether: The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The document should review the possible reversal of inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. The document fails to address public access to city streets, parkland and waterfront. Green Code failed to evaluate how the Peace Bridge infrastructure and operations impact the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. The public has the tight to use public resources without risking life or health. The public is uninformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This also pertains to children who use the water park at Sentenial pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive, exit onto Porter Avenue, then travel toward Niagara Street directly in front of this playground. • Currently, passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment, which has severely reduced flexibility in the decision making. Similarly, the "public outreach" the City has engaged in for its proposed land use and zoning plans occurred pre - SEQRA before residents had the information to ensure informed comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 102 T. DEARING- RESPONSE BFLO CONSOLIDATED DEV FRAMEWORK August 16, 2012 Buffalo City Clerk 1308 City Hall, Buffalo, NY 14202 Draft Scope for the Generic Environmental Impact Statement (GEIS) on the Buffalo Consolidated Development Framework, County Review # M617- 12 -386 To Whom It May Concern, The County of Erie (the "County ") has reviewed the above - referenced draft scoping documents referred to us by the City of Buffalo (the "City ") on July 17, 2012. The County offers the following comments based upon its review of the Draft Scope: In addition, to the planning documents listed in "3.1.1 Planning Framework." The following planning documents should also be included: Erie and Niagara Counties Framework for Regional Growth, Niagara River Greenway Commission Plan Erie County Agricultural and Farmland Protection Plan. The Erie County Agricultural and Farmland Protection Plan, currently in draft form at www.erie.gov, contains information on pages 39 - 54, which is pertinent to urban agriculture, land use and food access. • The County previously submitted the attached letter, concerning pedestrian walkways; this should be considered within the "3.3 Transportation and Circulation" section. The County looks forward to reviewing the Draft Generic Environmental Impact Statement in the near future and will provide full comments at that time. This review addresses only the above - referenced project submitted to the Erie County Department of Environment and Planning. This letter should not be considered sufficient for any county approvals. The City must still obtain any other permits and regulatory approvals applicable to this Project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 103 L. DETINE- COMMENTS DRAFT GENERAL ENVIRONMENTAL IMPACT STATEMENT To whom it may concern: Please accept the following comments on the City of Buffalo's Draft Scope for the Draft General Environmental Impact Statement. First, I object to the short time allowed to comment on the scoping document, even after the comment period was extended to August 17, 2012, along with the failure to allow for email, online or fax options for submissions. This is not sufficient time or opportunity for ordinary citizens to digest all of the information in the documents involved. Considering the historic nature of this endeavor, the comment period must be extended by several weeks, far more out reach conducted, and much more information provided, if there is to be truly meaningful citizen participation. Secondly, I object to the failure to provide links in the scoping document to the other documents , i.e., the Waterfront Revitalization Program and Urban Renewal Plans, which are to be reviewed. Basic due process always requires not only an opportunity for citizens to be heard, but also that citizens be given flail notice of all of the pertinent facts trader review before they exercise their right to be heard. The notice for comments has no information about where the various documents may be found, and it is virtually impossible to find them on the Interact, especially as there appears that several versions of these plans were posted on the Internet over the years. I also object to Section 3.10 of the scoping document which says that no adverse impact on air quality is expected and therefore air quality will NOT be reviewed in the EIS. The air quality in the Peace Bridge neighborhood has already been found to be highly toxic because of Peace Bridge traffic by studies such as'At Toxics Exposure from Vehicle Emissions at a US. Border Crossing: Buffalo Peace Bridge Study ", John Spengler, Jamsun Lwebuga - Mnkasa, Jose Vallarino, Steve Melly, Steve Chillrud, Joel Baker, Taeko Minegishi, Health Effects Institute, July 2011. Jamson Lwebuga- Mnkasa's prevlons studies found extraordinarily high rates of asthma, a disease both caused and exacerbated by diesel exhaust, in the same neighborhood. Other diesel related diseases are documented to be inordinately high in that neighborhood. The Green Code proposes to "capitalize upon highway, rail and Peace Bridge access points for cargo oriented development," to "support efficient movement of goods," to "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and to "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." (Emphasis supplied.) All of these proposals have the potential, indeed the goal, of increasing diesel truck traffic at the Peace Bridge which in turn will cause an increase in deadly toxins in the air. It would be both unconscionable and illegal to not study the air quality impact of these proposals. Similarly, I object that Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. The neighborhood surrounding the Peace Bridge is over 50 per cent minority, and is also one of the most densely populated and diverse areas in the City. It is imperative that the many adverse impacts of increased freight activity proposed by the Green Code be reviewed through the environmental justice prism. I also object that the scoping document indicates that only the impact on nationally registered historic districts and properties, and local landmarks, will be reviewed, not the impact on National Register eligible properties. As Buffalo has many such properties, a vast portion of our historic fabric will be endangered if only properties already registered are considered. Specifically, the neighborhood surrounding the Peace Bridge has many valuable historic homes which have not yet been included in a registered historic district or individually entered on the National Register. It is again imperative that the negative impact on this historic neighborhood by any increase in truck traffic or freight handling be thoroughly reviewed. I also object that the scoping document proposes only to mitigate adverse impacts on the environment, historic resources, and viewsheds. The scoping should include a review of measures to avoid such impacts altogether. Further, the scoping document should review whether any historically bad mistakes of the past can be corrected altogether. For example, the scoping document should include a review of whether the grossly inappropriate current use of the movement of freight via truck in the densely populated Peace Bridge neighborhood, with its attendant adverse impact on the environment, health, historic resources, viewsheds, tourism and cross border retail business, can be reversed completely. I further object that the format of reviewing so many documents in one environmental review makes it unnecessarily difficult for any one citizen to reasonably digest all of the required information. Meaningful public participation is dampened by the sheer volume of information. On the other hand, the scoping document is very thin on information necessary for a citizen to conduct an informed review. In particular, the scoping document frequently states merely that "appropriate mitigation measures will be identified ". This level of detail is far below that required by SEQRA. Also missing is an identification of the information necessary to review each impact; neither existing information nor information which will be obtained is identified. Therefore, citizens are unable to object to the various elements of such information, its depth or scope or lack thereof. Finally, I object to the timing of the draft scoping document. SEQRA requires that scoping take place as early in the process as possible. Scoping this far in to the Green Code and other plans' process makes the choices already made by City officials and their consultants effectively done deals impervious to citizen input. This has already been seen in the case of the Peace Bridge neighborhood where it appears that none of the many comments against freight handling at the Bridge were taken in to account when the Code was revised, although, according to consultant Robert Shibley, the Governor's opinion was considered. One purpose of SEQRA is to prevent endeavors such as the Green Code from becoming exercises in cronyism; the process so far in this ease amounts to an end run around the intent of SEQRA. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 104 A. GIACALONE- COMMENTS BFLO CONSOL DEV FRAMEWORK Comments on Draft Scope for Buffalo Consolidated Development Framework Lead Agency: Please give due consideration to the following comments on the draft scope for the Buffalo Consolidated Development Framework ( "BCDF "): Procedural Issues - "too much, too late" 1. Procedurally, the City of Buffalo's scoping process for the BCDF is "too much, too late." It renders public participation virtually meaningless by asking for comments on too many complex topics at too late a stage in the decision - making process. 2. The decision to conduct the environmental review of four diverse projects, that is, Buffalo's Land Use Plan and Unified Development Ordinance, Local Waterfront Revitalization Program, Revised Urban Renewal Plans, and Brownfield Opportunity Areas, "as one package" greatly reduces the likelihood that any of the four sets of laws„ policies and plans will be afforded the "hard look" mandated by SEQRA. The lead agency further "softens" the assessment process by choosing to evaluate potential environmental problems through the gauzy lens of a generic draft environmental impact statement ( GDEIS), rather than looking at site - specific impacts. 3. Whether the original 20 days, or the extended 24 -day period, the notice period provided for submission of written comments on the "draft scope" would be unrealistic under the best of circumstances. The City makes meaningful public participation impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. Additionally, the requirement that written comments be delivered to the City Clerk's city hall office, without the option of emailing comments to the lead agency, further shortens the time available for the review of documentation & preparation of written comments. 4. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. [See 6 NYCRR 617.1(c); ECL 8- 0109(4).] In violation of this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. In doing so, the City has made it much more unlikely that any of the BCDF projects will be- significantly modified in response to any environmental problems discovered through the EIS process. Bureaucratic momentum in favor of the "preferred" proposals, as well as the non - environmental considerations that have contributed to the shape of the various projects, will almost certainly eliminate any genuine flexibility in the decision - making process. By delaying its SEQRA review, the City has stripped the environmental impact statement of any real influence on the decision - making process. 5. The much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure fully informed commentary. Substantive Issues - "too little— too late" 6. While, procedurally, the City's scoping process can best be described as "too much, too late," the substance of the "draft scoping document" is clearly "too little, too late." The draft scope fails to include the type of guidance and information required by 6 NYCRR 617.8(f). 7. Significantly, the proposed scope does not perform a critical function of the scoping process, that is, identifying "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." 6 NYCRR 617.8(0. The absence of such instructions deprives the public of a useful starting point in considering what the draft EIS needs to contain to meaningfully evaluate potential environmental impacts. It also gives the consultants and officials responsible for preparing the GDEIS excessive discretion in deciding the depth (or, lack thereof) of their analysis of environmental concerns. 8. The proposed scope fails to perform another important function of the scoping process, that is, providing "an initial identification of mitigation measures." The draft scoping document merely repeats, over and over again, the mantra: "Any appropriate mitigation measures will be identified." The residents of Buffalo deserve much more information than that. 9. As a result of the City's decision to utilize a generic DEIS, the final scope, if it is to effectively guide the GDEIS process, must identify the types of conditions, criteria and thresholds under which future actions will be undertaken or approved, including requirements for any subsequent SEQRA compliance. See 6 NYCRR 617.10(c). The draft scope fails to do so. Thank you for your consideration of these points. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 105 M. HOLDEN - RESPONSE BFLO GREEN CODE - BROWNFIELDS Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields August 13, 2012 To Whom It May Concern: The Columbus Park Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13' to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy online access to the numerous documents and proposals referenced in its draft scope. • The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other docs (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process II. The draft scope does NOT provide the minimum information required by the SEQRA regulation for the final scope (per NYCRR 617.8(t)): • There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." III. Objection to Section 3.10 of the scoping document; Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. • It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." • The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by predetermining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant, • Failure to include air quality review in the scoping process and its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable. • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. • Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements IS unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V Objections to the Treatment of historic resources The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, mad local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping Should include a review of measures to AVOID such impacts altogether The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. VI. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets, parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti. Niagara and Porter) and adjacent waterfront. • Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentential pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public' Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue, then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway. The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre - SEQRA when residents were not armed with the information needed to insure informed comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 106 R. HOLDEN - RESPONSE BFLO GREEN CODE - BROWNFIELDS Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 107 L. MARTINA- RESPONSE BFLO GREEN CODE - BROWNFIELDS Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields To Whom It May Concern: The Columbus Park Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other does (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information required by the SEQRA regulation for the final scope (per NYCRR 617.8(t)): There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." IIL Objection to Section 3.10 of the scoping document: Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" mid "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant. Failure to include air quality review in the scoping process mad its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22.000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer m men and women in zip code 14213 by the New York State Department of Health is unacceptable. • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancers unacceptable. Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic .fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether • The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business can be corrected. VI. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility— the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets— parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (From Park. Columbus Park, LaSalle Park) city streets (Busti. Niagara and Porter) and adjacent waterfront. Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentenial pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue. then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "al the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit &the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. Sincerely, Liz Martina REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 108 A. MECCA - RESPONSE BUFFALO GREENCODE - BROWNFIELDS The Columbus Park Association respectfully submits the following response to the Draft Seeping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by falling to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the seeping document to the other does (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the fight version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information reauired by the SEQRA reaulation for the final scope (Der NYCRR 617.8(t)l: There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." IIL Objection to Section 3.10 of the seeping document: Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant. Failure to include air quality review in the scoping process and its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable. • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. • Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets, parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentential pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue, then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway. • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 109 K. MECCA - RESPONSE BFLO GREEN CODE - BROWNFIELDS Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields August 12, 2012 To Whom It May Concern: The Columbus Park Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by falling to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other docs (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information reauired by the SEQRA reaulation for the final scope (Der NYCRR 617.8(t)l: There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." III. Objection to Section 3.10 of the scoping document; Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant, Failure to include air quality review in the scoping process and its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable. • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. • Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is acceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether. The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets— parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentential pool. • School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue, then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway. • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 110 J. MESSINA- RESPONSE BFLO GREEN CODE - BROWNFIELDS Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields To Whom It May Concern: The Fargo Estate Neighborhood Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this tlmeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other docs (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information required by the SEQRA regulation for the final scope (per NYCRR 617.8(f)): There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information. IIL Objection to Section 3.10 of the scoping document; Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant. Failure to include air quality review in the scoping process and its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22.000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable. • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. • Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city, The scoping document should include a review of whether grossly inappropriate current uses. specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order Lo properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets, parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park. Columbus Park. LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. • Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park arc breathing polluted air while playing. This pertains to children who use the water park at Sentenial pool, • School #3 located their new playground in front of the facility facing Potter Avenue. Each day the Public Bridge Authority processes a minimum of 5- 8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue. then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway, • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit Of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. Thanks you for the time and effort in this public process. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 111 J. MESSINA & O- RESPONSE BFLO GREEN CODE - BROWNFIELDS PROSPECT HILL NEIGHBORHOOD ALLIANCE to Draft Scoping Documents for Buffalo Green Code; Response Land Use Plans; Brownfields August 12, 2012 To Whom It May Concern: The Columbus Park Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic trader the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other does (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information required by the SEQRA regulation for the final scope (per NYCRR 617.8(t)): There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information." III. Objection to Section 3.10 of the scoping document; Peace Bridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." The document says that no adverse impact on air quality is expected. Therefore air quality will NOT be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant. Failure to include air quality review in the scoping process and its significant impact on the surrounding neighborhoods violates mitigation measures. • Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. • Failure to consider nationally peer reviewed medical studies which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents is unacceptable. • Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. • Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable; • Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. • Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. • Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace Bridge related sections of the Green Code. V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to AVOID such impacts altogether The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. Objection failing to address public access to city streets, parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. Currently Passenger cars and pedestrians compete with track traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentential pool. -School #3 located their new playground ha front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue, then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway. • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. Sincerely, Prospect Hill Neighborhood Alliance James Messina, President: Fargo Estate Neighborhood Assoc. Valerie Vingold, President: Cottage District Assoc. Christine Lovett - Schaus, President: Armory Hill Neighborhood Assoc. Kathy Mecca, President: Columbus Park Assoc. Dan Culross & Carlos Benetiz, President: Kleinhans Neighborhood Assoc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 112 E. MORI- RESPONSE GREEN CODE Dear Mr. Fell: The draft Green Code, as presented by the City at recent public meetings, prohibits pedestrian walkways in all zones with no conditional use or special use provisions. This provision seems to reflect a desire to increase street activity and pedestrian presence- make downtown more mixed -use, pedestrian- oriented, and increase window views at street level. Although there is some merit to this idea, the Erie County Department of Environment and Planning believes that the Code should provide a process for special exceptions within certain districts such as hospital /medical campuses where quick movement of employers and users is essential, as well as areas downtown that are symbiotic like a convention center with adjacent hotels. This will serve as a marketing tool for out of area events. It would be most appreciated if you would include this comment as part of the public review record. Should another vehicle be used to submit the above matter, please inform me accordingly. Other cities, notably Minneapolis, have had success with a network of pedestrian walkways. According to the Minneapolis Downtown 2010 plan, the city's skyway system "...enables downtown to compete successfully with" suburban office parks and shopping malls by providing climate - controlled pedestrian circulation." Transparency in walls and roofs of the system provide views and help users orient themselves. Signage and accessibility to the street level assure that street level businesses are frequented, and that mixed -use development is a possibility. In the Minneapolis plan, street -level design and architecture is still promoted and encouraged. Streets serve as the primary downtown network and the streets are intended to remain pedestrian- oriented, walkable and compact. Pedestrian walkways aid in circulation, help people stay out of the elements and provide connection at a different level. Thank you for providing this opportunity to comment on the Code and congratulations on this exciting initiative. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 113 C. PERLA- RESPONSE BFLO GREEN CODE - BROWNFIELDS 630 Columbus Parkway Buffalo, NY 14213 Response to Draft Scoping Documents for Buffalo Green Code; Land Use Plans; Brownfields August 12, 2012 To Whom It May Concern: The Columbus Park Association respectfully submits the following response to the Draft Scoping: I. Objection to the public response period: The public has been given until only August 13 to submit written comments on the "draft scope" for these complex laws, policies and plans. While this timeframe would be unrealistic under the best of circumstances, the Mayor's team has made meaningful public participation virtually impossible by failing to provide easy on -line access to the numerous documents and proposals referenced in its draft scope. • The opportunity for informed and purposeful public involvement is severely hampered by the timing of the environmental review for these projects. • The failure to provide links in the scoping document to the other does (Waterfront Revitalization Program and Urban Renewal plans) which are to be reviewed are next to impossible to find on the web • There are too many various plans over the years on the web to even know if you are reading the right version for the purpose of this draft scoping process The draft scope does NOT provide the minimum information required by the SEQRA regulation for the final scone (oer NYCRR 617.8(f)): There is virtually no compliance with the requirement that the scope include: "the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information" III. Objection to Section 3.10 of the scoping document: Peace B ridge The Green Code at page 25 states it will capitalize upon highway, rail and Peace Bridge access points for cargo oriented development" and elsewhere. It will "support efficient movement of goods" and "support infrastructure improvements that increase freight movement activities and reduce carbon emissions..." and "support efforts to improve traffic flow over the Peace Bridge while minimizing the impacts on Front Park and the surrounding neighborhoods." • The document says that no adverse impact on air quality is expected. Therefore air quality will N 0 T be reviewed in the EIS. This determination was made prior to the scoping process and prior to the environmental review process by pre- determining that this prominent issue which has been medically and scientifically demonstrated to have an adverse impact on air quality and public health to be not relevant. Failure to include air quality review in the seeping process and its significant impact on the surrounding neighborhoods violates mitigation measures. Failure to consider alternatives to processing freight other than at the Peace Bridge violates mitigation measures. Failure to consider nationally peer reviewed medical studies Which demonstrate that air toxins at the Peace Bridge plaza contribute to high rates of asthma, other respiratory disease and other related chronic illness in more than 22,000 west side residents is unacceptable. Failure to consider that 45% of households on Buffalo's west side report at least one incidence of asthma per household which is linked to the high level of diesel exhaust produced by trucks at the Peace Bridge is unacceptable. -Failure to consider statistics on lung and bronchus cancer in men and women in zip code 14213 by the New York State Department of Health is unacceptable. -Zip code 14213 contains the neighborhoods adjacent to the Peace Bridge plaza. -Failure to consider the recent report from the World Health Organization classifying diesel fumes as a carcinogen that causes lung cancer is unacceptable. Failure to place the health and welfare of city residents first before supporting the Peace Bridge infrastructure improvements is unacceptable. IV. Section 3.2 of the scoping document does not address the Environmental Justice impact of the above quoted freight /Peace B ridge related sections of the Green Code V. Objections to the treatment of historic resources: The scoping document in Section 3.5.1 indicates that only the impact on Nationally registered historic districts and properties, and local landmarks will be considered. A vast portion of our historic fabric will be lost if only properties already registered are considered and not NRE Properties. The scoping document only proposes to mitigate adverse impacts on the environment and historic resources and view sheds. The scoping should include a review of measures to A V OID such impacts altogether • The impact on National Register ELIGIBLE PROPERTIES must be included in the scoping process because of the high number of NRE properties not only on the west side but throughout the city. • The scoping document should include a review of whether grossly inappropriate current uses, specifically the movement of freight in the densely populated Peace Bridge neighborhood, along with the adverse impact on tourism and cross border retail business, can be corrected. VI. The Green Code and other documents have failed to adequately address public access to neighborhood resources specifically in the Niagara District. In order to properly comment on any aspect of waterfront redevelopment or accessibility, the public should have access to the Waterfront Revitalization Plan. Objection- failing to address public access to city streets, parkland and waterfront. Green Code Failed to evaluate how the Peace Bridge infrastructure and operations impacts the public's access to parkland (Front Park, Columbus Park, LaSalle Park), city streets (Busti, Niagara and Porter) and adjacent waterfront. • Currently Passenger cars and pedestrians compete with truck traffic on a daily basis in order to use these neighborhood assets. • The public is uniformed that they are breathing toxic and polluted air when visiting, recreating, bicycling, rowing or walking in these areas. • Children who use the playground at Front Park and LaSalle Park are breathing polluted air while playing. This pertains to children who use the water park at Sentential pool. -School #3 located their new playground in front of the facility facing Porter Avenue. Each day the Public Bridge Authority processes a minimum of 5 -8 extra wide load trucks which leave the plaza on Baird Drive exit onto Porter Avenue, then Niagara Street and traverse through city streets for several miles until they can successfully negotiate a turn onto the NYS Thruway. • The public has the right to use public resources without risking life or health. SEQRA mandates that the environmental review process occur "at the earliest possible time" in the planning process. Contrary to this obligation, the City and its consultants have spent years developing their comprehensive proposals without the benefit of the State - mandated environmental assessment. Any flexibility in the decision - making process has been all but eliminated. Similarly, the much - touted "public outreach" the City has engaged in concerning its proposed land use and zoning plans occurred pre -SEQRA when residents were not armed with the information needed to insure informed comments. Sincerely, Carole Perla REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 114 J. PERSICO- RESPONSE BFLO CONSOL DEV FRAMEWORK -BFLO WEST SIDE WTRFRNT AND PEACE BRIDGE Response to the Buffalo Consolidated Development Framework/Buffalo Green Code Draft Scoping Documents: Re: Buffalo's West Side Waterfront and Peace Bridge August 17, 2012 To the City of Buffalo Planning Department: This letter is in response to the Draft Scoping Documents for the Buffalo Consolidated Development Framework (BCDF) /Green Code. I read and agree with all of the responses written by the Columbus Park Association on August 12, 2012, regarding the Peace Bridge neighborhood (a.k.a. the Columbus Park neighborhood, and the Prospect Hill Historic District). I lived in this wonderful neighborhood for only 7 years so that I could be near my daughter and 3 grandchildren, who live on Columbus Parkway. After being advised by my doctor to move out of the neighborhood because of health concerns, it took me 2 years to sell my two - family home. My doctor had warned me about the health hazards due to the trucks and congested traffic at the Peace Bridge. My comments in this letter are regarding waterfront development plans that may occur near the Peace Bridge as it relates to the BCDF documents (including the Green Code). My main concern is the air quality issue, as this is why I moved away from this area. My grandchildren play outside every day, either in their backyard or in the nearby Olmsted parks. The City of Buffalo needs to include provisions in its EIS documents that protect its residents from being exposed to poor air quality. The document currently states that the goals would be to "minimize the impacts on Front Park and the surrounding neighborhoods," but it also states that the BCDF "is not expected to create any adverse impacts to air quality, therefore, the DGEIS will not discuss impacts to air quality." These two statements cannot occur honestly within the same set of documents. The current effects on air quality of the Peace Bridge, as well as the potential effects on air quality that will be even worse if the Peace Bridge Expansion Plan is allowed to move forward, will devastate this beautiful community. In addition, the historic Front Park will not be safe for anyone to use for sports, playing, biking, running, or even walking because of the dangerous amounts of air pollution from the truck traffic and congestion at the Peace Bridge Plaza. The poor air quality will not only continue to destroy the health of the residents of this fine neighborhood and people who try to enjoy Front Park, but it will drive people away from buying property in this area and will eventually drive down property values as well. Does the City of Buffalo Planning Department really want to be responsible for allowing yet another fine neighborhood to come to its demise? I recommend that you make air quality study an essential part of your plan, especially in regard to the Peace Bridge neighborhood and Front Park. Your first step is to rescind the preliminary agreement to "sell" part of Busti Avenue to the Peace Bridge Authority. This sale cannot be allowed to happen because the current plan for the plaza expansion includes a "mega -mart Duty Free store." I saw the signs when I went to my daughter's home for my birthday dinner, and she told me the deal with that. If the main goal of the expansion plan is to get traffic to move more freely through customs, etc., then a mega -Duty Free Store has no place on that plaza. The City of Buffalo needs to stand up for its citizens and do what's right for this new waterfront program. The City must prevent the Peace Bridge from encouraging more truck traffic and catering to the trucking industry, and it must also prevent the Peace Bridge Authority from including any plans of a Duty Free store on its new plaza plans. A Duty Free store has nothing to do with improving traffic flow. It will do just the opposite because trucks and cars will need to stop and start an extra time if they go into the Duty Free store to buy their liquor, cigarettes, or perfume there. This would release even more pollutants into the air. Allowing them to use up City streets (by the way, have they been paying their property taxes on the homes they own on Busti Avenue ?) while knocking down several historic homes to build a huge Duty Free store and parking lot makes no sense, especially given the goals of the City's redevelopment plans. The City needs to block this plaza expansion plan by preventing Cuomo's underhanded scheme to sell this portion of Busti Avenue to the State. Any money he offers to the neighborhood would be blood money. Buffalo is a destination, not a doormat to big business and commerce that brings money to private citizens who live out of state or out of the country. If proper action is not taken now, Buffalo will continue to be a stepping stone as trucks and potential tourists continue to pass through customs at the Peace Bridge, stop at Duty Free for their liquor and cigarettes, then continue on their merry way to somewhere other than Buffalo. The City of Buffalo cannot in good conscience promote the business objectives of the Peace Bridge Authority at the expense of its residents heal and its neighborhoods' character. Other truck crossing options should be considered, and the Duty Free store and parking lot must be eliminated from all future plaza expansion plans. I have been enjoying the many benefits of the Wharf and Canal areas now that I live downtown. The City of Buffalo was wise to listen to its citizens who knew that the Bass Pro Shop idea was a bad plan for Buffalo's waterfront. Please listen to the citizens of this great City and continue to make it greater! Sincerely, Joyce Persico, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 115 J. URBANCZYK -REQ METERS BE REMOVED FROM VARIOUS NEIGHBORING RESIDENTIAL STREETS NEAR PARK LANE RESTAURANT Commissioner Kevin C. Helfer Parking Violations 65 Niagara Square Room 111 Buffalo, NY 14202 Sent Via U.S. Mail and Email to all Dear Commissioner Helfer, I am the building manager for the Park Lane Condominium, located at 33 Gates Circle, Buffalo, NY 14209. The Park Lane Condominium is a 67 unit condominium with over 125 people residing and working within the condominium. When the Park Lane Restaurant and Millard Fillmore Gates Hospital were each operating with patrons, staff and patients the need for parking meters along Lafayette to Gates Circle were certainly needed. However, with each of these businesses now being defunct, the Park Lane Board, residents and management believe that these meters are only penalizing the residents, guests and staffs of our building and are formally requesting that they be removed. Upon a recent inspection of our neighboring residential streets, such as Lancaster Ave, Chapin Pkwy, Auburn Ave., Cleveland Ave, we found that several of these street contained similar large apartment /residential type buildings, but are not encumbered by parking meters along their streets. I would be happy to meet with you to discuss this matter on site or at your office. I can be reached via the Park Lane Front desk (885- 3250), my cell phone (818 -2030) or by a mail (iurbanczvk(a Thank you in advance for your anticipated cooperation with this request. Sincerely, Joseph Urbanczyk Building Manager REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 116 Y. AMIN, OWNER, USE 1146 HERTEL AVE TO CONVERT PORTION OF BLDG TO BAKERY /TAKE- OUT RESTAURANT(DEL)(HRG 9/11) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 117 D. SIMPSON, OWNER, USE 802 ELMWOOD FOR A RESTAURANT (DEL)(HRG 9/11) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 118 L. RUNOR, OWNER, USE 488 FRANKLIN AKA 62 ALLEN - REESTABLISH SIT -IN RESTAURANT AND FRONT PATIO (FILL)(HRG 9/11) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 119 D. MIKA, AGENT, USE 1231 DELAWARE AVE FOR A FREESTANDING SIGN (ELL)(HRG 9/11) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 120 R. BENDER, OWNER, USE 1374 SENECA ST FOR A FREESTANDING SIGN (LOV)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 121 APPOINT PRINCIPAL AUDITOR (PERM)(MAX)(BIDELL)(COMPT) (CCP# 9, 7/24) Mrs. Russell moved That Communication 9 of July 24, 2012, be received and Filed and that the Permanent Appointment of Mark Bidell, 39 Janet Street, Buffalo, NY 14215 to the Position of Principal Auditor at the Maximum Salary of $65,398.00 is hereby approved PASSED AYES -8 NOES - 0 NO. 122 NOTICES OF APPOINTMENTS TEMP /PROV /PERRN CCP #58, 7/24 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 123 NOTICES OF APPOINTMENTS TEMP /PROV /PERM CCP #59, 7/24 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 124 FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) D. SMITH -BFSA SUPPLEMENTARY INFORMATION - GENERAL FUND CCP #55, 05/15 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 125 SECOND QUARTER GAP SHEET(A &F) CCP #38, 03/20 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 126 BUDGET & PERSONNEL AMENDMENT - COMMON COUNCIL CCP #91, 03/6 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT JOSEPH GOLOMBEK JR., CHAIRPERSON NO. 127 REPORT OF SALE - 492 AND 494 BUSTI (ELI) (STRAT PLAN) (ITEM NO. 6, C.C.P. JULY 17, 2012) That the above item be, and the same is hereby returned to the Common Council with recommendation for approval; Mr. Golombek moved: That the offer from Mr. Kevin Bauch and Ms. Allison Ewing, 196 Oliver Street, North Tonawanda, New York, in the amount of Twenty Thousand Seven Hundred Dollars ($1,900.00) for the purchase of 492 Busti and 494 Busti, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Approved. PASSED AYES -8 NOES -0 NO. 128 RESCIND SALE & FORFEIT DEPOSIT 64 HAYES (LOV)(STRAT PLAN) COM #11, JUNE 26, 2012 That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek moved that the above item be Recommitted to the Committee on Community Development, ADOPTED. NO. 129 ABANDONMENT AND SALE SMALL PORTIONS OF CITY STREETS AND RESULTS OF NEGOTIATIONS - PARCELS NOS. 8, 10 AND 11 (APPROXIMATELY 5,229 SQ. FT.) (FILL)(STRAT PLAN) Mr. Golombek moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 14, 2012, be received and filed, and That the City of Buffalo does hereby abandon Parcel No. 8, a portion of Hanover Street; Parcel No. 10, a portion of Pearl Street; and Parcel No. 11, a portion of Lower Terrace (approximately 5,229 sq. ft.) in accordance with Article 27.5 of the Charter of the City of Buffalo; and That the Division of Real Estate negotiate with Stephen Gawlik, Senior Counsel of the Empire State Development on behalf of the Erie Canal Harbor Development Corporation (ECHDC), to purchase small portions of City Right of Ways in order to move forward with the Canalside Project located in the City's inner harbor; and That the Common Council, as the SEQR Lead Agency, should prepare, review and approve all the necessary documents to conform to the State Environmental Quality Review Act; That the Common Council, in accordance with Abandonment Public Hearing Statute, General City Law Chapter 21 of the Consolidated Laws, Article 3 Office Maps and Planning Boards, Section 29 Official Map Changes, will set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing "; and That the Common Council hereby approves the abandonment and sale of Parcel Nos. 8, 10 and 11 to Erie Canal Harbor Development Corporation (ECHDC) or an entity to be formed in the amount of $48,752.00 provided the following: 1. The City of Buffalo planning Board recommends to approve the abandonment and sale of Parcel Nos. 8, 10, and 11; 2. There are no significant objections from the public hearing to be scheduled, published and held by the Common Council; 3. There are no significant adverse impacts based on the necessary SEQR documents to be prepared and reviewed by the Common Council (as SEQR Lead Agency) and that the Common Council approves the determination of all necessary SEQR documents; 4. The transfer of title to Parcel Nos. 8, 10 and 11 is subject to the condition that upon completion of the land transfers to the ECHDC or an entity to be formed will provide to the City of Buffalo an updated composite survey and map of the parcels and street courses; 5. Any and all utilities located within the right of way will be preserved and protected by the necessary easements and /or any other necessary documents; and 6. The official closings of a portion of said streets will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office and any other conditions that may be established by the City Planning Board; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of tile and that the Mayor be authorized to execute same. PASSED AYES -8 NOES -0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 130 A. TERRAGNOLI, AGENT, USE 766 ELMWOOD, CHANGE OF USE PORTION OF BLDG TO A SIT IN RESTAURANT (HRG 7 /31)(DEL) NO. 72, JULY 24, 2012 That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen moved that the above item be Recommitted to the Committee on Legislation. ADOPTED. NO. 131 A. TERRAGNOLI, AGENT, USE 630 OHIO - EXTERIOR AND INTERIOR ALTERATIONS FOR A SHOWROOM (SOUTH) (ITEM NO. 73, C.C.P., JULY 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That pursuant to Section 511 -67 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to A. Terragnoli, Agent, doing business at 630 Ohio, to alter the exterior and interior and renovate the building to a 1 story masonry warehouse building on an industrial lot for a showroom. PASSED AYES -8 NOES -0 NO. 132 J. GRILLO, AGENT, USE 361 GRIDER TO PLACE A NON - ILLUMINATED SIGN (MASTEN)(EDPIS) (ITEM NO. 76, C.C.P., JULY 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That pursuant to Section 387 -19 of the City Code, the Commissioner of Permits and Inspection Services be, and he hereby is authorized to issue a license to J. Grillo, Agent, doing business at 351 Grider Street, to place a non - illuminated ground sign (approximately 4'X 4') for the farmers market is hereby approved. PASSED AYES -8 NOES -0 NO. 133 FOOD STORE LICENSE (NEW) 271 LUDINGTON (LOV)(EDPI) COM. # 37, JULY 24, 2012 That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen moved that the above item be Recommitted to the Committee on Legislation. ADOPTED. NO. 134 R. OROZCO- SIGNED AFFIDAVIT RE CONDITIONS AT 602 AND 620 BABCOCK ST (C.C.P. #24, JULY 24, 2012) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 136 USE OF PRIVATE MOTORIZED GOLF CARTS AT CAZENOVIA AND SOUTH PARK GOLF COURSES (RESOLUTION NO. 119, C.C.P., JULY 24, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Scanlon moved: That the Common Council hereby directs the Law Department to prepare an amendment to the appropriate section of the City's Charter /Code to act as a "grandfathering clause" that will allow elderly and disabled users of Cazenovia Park and South Park Golf Courses, who had purchased their own motorized golf carts for use on these courses prior to such equipment being offered for rental by course management, and who are able to furnish appropriate proof that such equipment has been recently inspected and is in good working condition by someone qualified to do so, to continue to use their personal motorized carts on Cazenovia Park and South Park Golf Courses; and That the Common Council directs that a copy of this resolution be immediately forwarded to the City's Departments of Law, Public Works and the Buffalo Olmsted Conservancy for their review. ADOPTED NO. 136 SENECA ST TRANSFER STATIONLICENSE AGREEMENT 0 1037 SENECA ST (FILL)(PW)(HRG 7/17) Mr. Pridgen moved: That the above communication from the Department of Public Works, Parks and Streets dated July 10, 2012, be received and filed; and That the Seneca Street Transfer Station License Agreement, located at 1037 Seneca Street, is hereby denied. DENY NO. 137 GROUND SIGN - 1030 ELLICOTT (ELL) (ITEM NO. 63, C.C.P., JULY 3, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated June 26, 2012, be received and filed; and That the application of W. Brown, Agent, to erect a ground sign within property lines on the comer of Ellicott and Dodge in front of the administration building for an existing human services facility "Homespace" in an R3 dwelling district, is hereby approved. PASSED AYES -8 NOES -0 NO. 138 M. LOCURTO -M. KEARNS -REQ UPDATE ON STATUS - GAMING FACILITY (C.C.P. #82, APRIL 17)(C.C.P. #66, MAY 11) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 139 BY: MR. FONTANA APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow 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 the following person as a Marriage Officer for the period ending 11/30/2012. Donald O. Allen ADOPTED. NO. 140 BY: MR. FONTANA WAIVER OF APPLICATION FEES FOR ERIE COUNTY SPCA/BUFFALO ANIMAL SHELTER PARVOVIRUS FREE VACCINATION CLINIC Whereas: Canine Parvovirus (CPV), or Parvo, is a contagious virus existing in two forms that affects the intestinal tract and heart muscles of puppies and dogs, and if left untreated can prove to he extremely harmful or fatal; and Whereas: The Erie County SPCA and the City of Buffalo Animal Shelter have encountered an increase in the number of Parvo infections among dogs in the City of Buffalo and surrounding areas this year; and Whereas: Due to the serious nature of the virus and its accompanying symptoms the cost to the Buffalo Animal Shelter of treating a dog infected with Parvo can range from approximately $150 to $200 per day and up; and Whereas: Proactive vaccination drastically reduces the likelihood that a dog will contract Parvo and can help stave off the spread of the virus, effectively easing the burden of cost associated with treatment of CPV for pet owners and the City of Buffalo Animal Shelter; and Whereas: The Erie County SPCA and Buffalo Animal Shelter have partnered together to organize a free Canine Parvovirus Vaccination Clinic to be held Tuesday, August 28 at the Martin Luther King Park picnic shelters. Now, Therefore, Be It Resolved: The City of Buffalo Common Council hereby requests that the Office of Special Events waive any and all fees associated with the application for a special events permit for the Canine Parvovirus Vaccination Clinic, as this vaccination clinic is free to the public and greatly benefits the health and safety of the community members and their beloved pets. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent, Director of the City of Buffalo Office of Special Events. PASSED AYES 8, NOES 0 N. 141 BY: RICHARD A. FONTANA COUNCIL PRESIDENT COUNCIL MEMBER PRIDGEN EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Darius G. Pridgen, be and hereby is excused from attendance at the Common Council Meeting of September 4, 2012. ADOPTED. NO. 142 SPONSOR: MR. FRANCZYK PERMISSION FOR WNY HISPANIC AMERICAN VETERANS TO HANG A BANNER ON MARINE DRIVE Whereas: The WNY Hispanic American Veterans, a much beloved cultural institution in the City of Buffalo, will be holding a memorial 5k walk/run by the Naval Park; and Whereas: As part of WNY Hispanic American Veterans Memorial 5k, the board is requesting permission to hang one banner, on Marine Drive: and Whereas: This banner will be displayed between the beginning of September 10 of 2012 through September 17 of 2012; and Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits The WNY Hispanic American Veterans to hang a total of one banner as part of their Memorial 5k walk/run, with one banner to be hung on Marine Drive; and Be It Further Resolved: This banner is to be hung between the beginning of September 10. 2012 and the September 17, 2012; and Be It Further Resolved: That this banner is to be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Departments of Public Works and Permits & Inspections; and Be It Finally Resolved: That a copy of this approved resolution be forwarded by the City Clerk to the Commissioners of the Departments of Public Works and Permits & Inspections as well as Jose Pizarro Chairman of WNY Hispanic American Veterans. PASSED AYES 8, NOES 0 NO. 143 BY: DAVID A. FRANCZYK FILLMORE DISTRICT COUNCIL MEMBER POLICE CAMERA AT ELMWOOD AVENUE AND JOHNSON PARK Whereas: Over the past years there have been an increase of criminal activity in the area of Elmwood Avenue and Johnson Park which includes two murders in the past two years; and Whereas: The cost of purchase and maintenance of the Police Cameras has been found to be significantly less than the cost associated with policing, court fees, corrections and victimization costs ; and Whereas: Police Cameras allow the officers responding to a call an unfiltered view of exactly what is happening as well as providing additional information to be utilized for the safety of the officers responding to the calls; and Whereas: Numerous studies have shown that the presences of Police Cameras have correlated to notable decreases in narcotic and violent crimes. Now Therefore Be It Resolved; That a Police Security Camera be installed at the comer of Elmwood Avenue and Johnson Park to ensure the safety of the residents of the area; and Be It Further Resolved; That the Common Council of Buffalo directs the City Clerk to transmit certified copies of this resolution to the Police Commissioner. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS AND THE COMMISSIONER OF POLCE NO. 144 SPONSOR: DAVID A FRANCZYK BANDWAGON FEE WAIVER FOR WESTERN NEW YORK RAILWAY HISTORICAL SOCIETY'S HERITAGE FESTIVAL; AND Whereas: WNY Railway Historical Society will be holding a festival on September 21, 22, & 23, 2012. The Heritage Festival is celebrating Buffalo's rich Railroad, Steel and Industrial heritage; and Whereas: Festival visitors will learn about the history of Buffalo's Industrial age through exhibit displays and cultural presentations made by the Historical Society; and Whereas: The City of Buffalo requires various fees be paid in order for an event to occur; and Whereas: WNY Railway Historical Society has paid and will pay all fees related to this event with the exception of the Bandwagon Fee. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council requests that the Bandwagon fee be waived by the Department of Public Works, Parks & Streets for the Western New York Railway Historical Society's Heritage Festival being held September 21, 22, & 23, 2012 at WNY Railway Historical Society, 100 Lee Street, Buffalo, NY 14210. Be It Finally Resolved: That a copy of this approved resolution be forwarded by the City Clerk to the Commissioner of Public Works, Parks & Streets as well as Kimberly Trent of Special Events. PASSED AYES 8, NOES 0 NO. 145 BY: MR. GOLOMBEK CO- SPONSOR: MR. RIVERA & MR. LOCURTO ORDINANCE AMENDMENT § 309 -4. AERONAUTIC ACTIVITIES. The Common Council of the City of Buffalo does hereby ordain as follows: That section 309 -4 of the Code of the City of Buffalo be amended to read as follows: § 309 -4. Aeronautic activities. A. No person shall make any ascent from any park or park approach in any balloon, aeroplane or other airship nor land therein from any balloon, airship or parachute. B. The director of parks is authorized to allow the operation of up to three tethered hot air balloon rides at LaSalle Park on Saturday, June 23, 2012 and Sunday, June 24, 2012 subject to such terms and conditions as the director shall find necessary and proper for the protection of the public, park property and the City C. The deputy commissioner of parks is authorized to issue a special permit for the operation of a parachute drop at the Delaware Park Meadow on July 6, 2012 in connection with War of 1812 bicentenary observances. Such special permit shall be issued only to the person or organization performing the actual parachute drop and to none other, and shall be subject to such other terms and conditions as the deputy commissioner shall find necessary and proper for the protection of the public, park property and the City. D. The deputy commissioner of parks is authorized to issue a special permit for the operation by the United States Navy Leap Frogs of one parachute drop at the Buffalo Central Wharf on September 15, 2012, one parachute drop at the Buffalo Central Wharf on September 16, 2012, and one parachute drop at the Buffalo Zoo on September 16, 2012 in connection with Buffalo Navy Week celebrations. Such special permit shall be issued only to the person or organization performing the actual parachute drop and to none other, and shall be subject to such other terms and conditions as the deputy commissioner shall find necessary and proper for the protection of the public, Dark DroDerty and the Citv. 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. It is hereby certified pursuant to §3 -19 of the City Charter that the immediate passage of the foregoing ordinance is necessary BYRON W. BROWN, MAYOR Approved as to Form Timothy A. Ball Corporation Counsel By: Alan P. Gerstman Asst. Corporation Counsel PASSED AYES 8, NOES 0 BY: COUNCILMEMBER MICHAEL LOCURTO NO. 146 LEGISLATIVE AIDE APPOINTMENT WHEREAS: I am appointing Alyssa Weiss, who resides at 235 Saranac Ave, Buffalo, New York, 14216 as a Legislative Aide in my office; and WHEREAS, Ms. Weiss has been an Assistant Legislative Aide in my office for the previous two years and has a strong foundation in constituent casework, policy research, and community relations; and, NOW THEREFORE BE IT RESOLVED: That the Common Council hereby appoints Ms. Alyssa Weiss to the position of Legislative Aide for the Delaware District. ADOPTED NO. 147 BY: COUNCILMEMBER MICHAEL LOCURTO LEGISLATIVE ASSISTANT APPOINTMENT WHEREAS: I am appointing Stephanie Parobek, who resides at 142 Lexington Avenue in Buffalo, New York, 14222, as Legislative Assistant in my office; and WHEREAS: Ms. Parobek has a strong background in public relations and is involved in government and community affairs; and, NOW THEREFORE BE IT RESOLVED: That the Common Council hereby appoints Ms. Stephanie Parobek to the position of Legislative Assistant for the Delaware District. ADOPTED NO. 148 BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER CEDAR STREET Whereas: On September 4, 1962 the Buffalo Common Council abandoned the dead -end portion of Cedar Street for the Ellicott Redevelopment Project; and Whereas: In a letter dated January 31, 2005 from Public Works Commissioner Joseph Giambra, he advised Mel Alston, Associate Superintendent of Buffalo Public Schools, that he(Giambra) is licensing the Board of Education to "occupy the dead -end portion of Cedar St. north of Clinton St. for exclusive use by the Buffalo Board of Education; The letter further states "This license is issued with the understanding that the Board of Education will properly maintain the property and will be responsible for any capital improvements;" and Whereas: In or around 2005 residents opposed the Buffalo Board of Education plans to open the dead -end portion to return it to vehicular traffic for school bus access; and Whereas: Residents were informed by letter, from LP Ciminelli representative Donna Brown, that the community planning effort for this project, "For some reason, that effort fell short at Bennett Park Montessori;" Further, Ms. Brown states that "Construction activity pertaining to any extension of Cedar Street has been on hold..." Ms. Brown promised residents that "The school district will review additional options with the community for achieving bus access;" and Whereas: In June of 2012, without warning or regard for the residents, trees, lighting, green space, and concrete walkways were removed which precipitated a flood of calls from the residents to the Ellicott District Council Office; The Ellicott District Council contacted the Board of Education to halt all construction until meeting with residents; and Whereas: In July 2012, the Ellicott District Council was informed that the construction would occur without the requested public meeting; and Now Therefore Be It Resolved; That the City of Buffalo Common Council requests that the license granted to the Buffalo Board of Education to occupy the dead -end portion of Cedar Street north of Clinton Street be revoked; moreover, we request the Department of Permits and Inspection to suspend all construction permits on the project until the law department reports its findings to the Common Council. Now Therefore Be It Further Resolved; That the City of Buffalo Common Council request the Law Department to investigate the validity and exact uses of said licenses and if such licenses were grated in accordance to the law; Moreover we ask the Law Department to investigate whether the Commissioner of Public Works in 2005 exercised legal authority to license without the approval of the Buffalo Common Council. ADOPTED NO. 149 SPONSORED BY COUNCILMEMBER RIVERA HISPANIC HERITAGE MONTH Whereas: From September 15 to October 25 every, our nation celebrates Hispanic Heritage Month; and Whereas: The first Hispanic Heritage observation was held in 1968 under President Lyndon Johnson as "Hispanic Heritage Week" and was expanded to a 30 -day observation in 1988 with President Ronald Regan's signing of Public Law 100 -402; and Whereas: This 30 -day period was chosen because of the number of milestones in Hispanic history that occurred, including the independence days of Costa Rica, E] Salvador, Guatemala, Honduras, Nicaragua, Mexico, and Chile; and Whereas: The theme of the 2012 Hispanic Heritage Month is " "Many Backgrounds, Many Stories ... One American Spirit "; and Whereas: In Buffalo, the Hispanic Heritage Council of Western New York, Inc. organizes a variety of events, including performances, lectures, and receptions, to celebrate the local Hispanic culture. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo hereby recognizes Hispanic Heritage Month from September 15 to October 15; and Be It Further Resolved: The Common Council commends the Hispanic Heritage Council of Western New York for its committed effort to preserving and highlighting the importance of Hispanic culture in Buffalo and Western New York. ADOPTED NO. 160 BY: COUNCILMEMBER RIVERA WAIVER OF FEES FOR "2 ANNUAL PIG ROAST & CHIAVETTA'S BARBEQUE ". Whereas: the Division of Senior Services held its Second Annual Pig Roast and Chiavetta's Barbeque on August 1, 2012, and Whereas: the event was held at Front Park. Now, Therefore, Be It Resolved: the Common Council approves the waiving of the fees associated with this event; and Be It Finally Resolved: the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department - Parks Division. PASSED AYES 8, NOES 0 NO. 151 BY: COUNCILMEMBER RIVERA "WAIVER OF FEES FOR MASSACHUSETTS AVENUE PROJECT'S "TOUR DE FARMS" Whereas, the Massachusetts Avenue Project ( "MAP ") is a non - profit committed to creating a more food secure city through the production and sale of healthy, fresh, affordable food; and Whereas, MAP strives for this goal by incorporating Buffalo's youth population into its workforce, where young people are educated on the importance of eating healthy and locally and the ins - and -outs of running a small business; and Whereas, on September 15, 2012, MAP will hold an event "Tour De Farms" where participants will bike 35 miles from Buffalo to Alden and visit a number of farms along the way, both urban and rural; and Whereas, the purpose of this event is to stress the importance of the local food system, showing participants how much food is produced within a 35 mile bike ride. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Event fee associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Special Events Office. PASSED AYES 8, NOES 0 NO. 152 BY: CHRISTOPHER SCANLON SPECIAL PROGRAM AGREEMENT AND SECOND AMENDED AND RESTATED STATE AID TRUST AGREEMENT FOR REFINANCING OF THE 2000 SETTLEMENT BETWEEN THE CITY SCHOOL DISTRICT AND THE BUFFALO TEACHERS FEDERATION Resolution authorizing the negotiation and execution of a new Special Program Agreement between the City and the State of New York Municipal Bond Bank Agency and a Second Amended and Restated State Aid Trust Agreement to provide for refinancing of the 2000 litigation settlement between the City School District and the Buffalo Teachers Federation, Inc. WHEREAS, the City School District of the City of Buffalo, New York ( "School District ") and the Buffalo Teachers Federation, Inc. ( "BTF ") entered into a Settlement Agreement made as of December 15, 2000 ( "Settlement Agreement ") providing terms and conditions for settlement of certain litigation between the School District and BTF; and WHEREAS, by Chapter 88 of the Laws of 2000 the State Legislature enacted legislation (the "State Legislation ") authorizing the State of New York Municipal Bond Bank Agency ( "MBBA ") to issue special program bonds and provide the proceeds of such bonds to the City, a special program municipality as defined by the State Legislation, for application to a portion of the cost of such settlement; and WHEREAS, the Settlement Agreement provides by its terms that such agreement is conditional upon receipt by the School District of such MBBA bond proceeds; and WHEREAS, the State Legislation authorized the City and the MBBA to enter into a special program agreement with MBBA (The "2000 Special Program Agreement "), specifying the $25,000,000 amount of MBBA bond proceeds to be made available to the City and requiring the City, subject to appropriation by the Common Council, to make annual payments to the MBBA necessary to provide for payment of the debt service on such MBBA bonds together with related fees, charges, costs and other amounts as determined by the MBBA; and WHEREAS, by resolutions adopted December 7, 2000 the MBBA issued its special program bonds in the amount of $27;415,000 to provide such $25,000,000 proceeds to the City and pay such related fees, charges, costs and other amounts as determined by the MBBA, and (ii) the execution and delivery by its Senior Officers of the 2000 Special Program Agreement with the City; and WHEREAS, by this resolution the City has determined to enter into a new special program agreement (the "2012 Special Program Agreement ") with MBBA in order to facilitate refinancing of such MBBA bonds and achieve annual debt service savings for the School District through issuance by MBBA in 2012 of refunding bonds (the "2012 MBBA Refunding Bonds ") and requiring the City, subject to appropriation by the Common Council, to make annual payments to the MBBA necessary to provide for payment of the debt service on such 2012 MBBA Refunding Bonds together with related fees, charges, costs and other amounts as determined by the MBBA; and WHEREAS, the City is a party to the Amended and Restated State Aid Trust Agreement, dated as of December 1, 2004, as amended, together with the School District and Manufacturers and Traders Trust Company, as Depository Bank and Series Trustee, in order to facilitate the marketing and sale from time to time of project bonds issued by the Erie County Industrial Development Agency to finance the comprehensive redevelopment of the City's public schools ( "Project Bonds ") by providing for the establishment and maintenance of a state aid trust fund into which state aid revenues are deposited for periodic disbursement in amounts necessary for payment of debt service on Project Bonds; and WHEREAS, the School District and the City intend to facilitate the marketing and sale of the 2012 MBBA Refunding Bonds by amending and restating the Amended and Restated State Aid Trust Agreement to provide for periodic disbursement of state aid revenues in amounts necessary for payment of debt service on the 2012 MBBA Refunding Bonds in addition to Project Bonds; and WHEREAS, the School District will agree with the City to annually request and appropriate an amount of state aid revenues in its adopted budget necessary to fund the City's annual payment obligation to MBBA under the 2012 Special Program Agreement in order to facilitate funding for payment of debt service on the 2012 MBBA Refunding Bonds; and WHEREAS, the forms of the 2012 Special Program Agreement and Second Amended and Restated State Aid Trust Agreement have been presented to this meeting and are on file in the office of the City Clerk; and WHEREAS, the 2012 MBBA Refunding Bonds will be marketed pursuant to a Preliminary Official Statement and Official Statement containing certain information relating to the City: THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The 2012 Special Program Agreement is hereby approved. The Mayor and Comptroller of the City are hereby authorized to execute and deliver the Special Program Agreement with any changes, insertions and omissions therein as may be approved by the Mayor and Comptroller, such approval to be conclusively evidenced by such execution and delivery of the Special Program Agreement. Section 2. The Second Amended and Restated State Aid Trust Agreement is hereby approved. The Comptroller is hereby authorized to execute and deliver the Second Amended and Restated State Aid Trust Agreement with any changes, insertions and omissions therein as may be approved by him, such approval to be conclusively evidenced by such execution and delivery of the Second Amended and Restated State Aid Trust Agreement. Section 3. The Mayor, Comptroller, Corporation Counsel, Budget Director and City Clerk are hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents, including agreements with the School District, and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution, the 2012 Special Program Agreement, and the Second Amended and Restated State Aid Trust Agreement. Section 4. This Resolution shall take effect immediately. PASSED AYES 8, NOES 0 NO. 163 SPONSOR: DEMONE A. SMITH EDUCATION CITIZENS ADVISORY BOARD WHEREAS: The Committee on Education has formed an Education Citizen Advisory Board; and WHEREAS: The Committee is to incorporate a diverse population from all sectors to address the education of City's children; and WHEREAS: There are several entities that are engaged in the education of the City's children, including the United Men's Black Think Tank of Buffalo ( UMBTT); and WHEREAS: UMBTT has requested that members from their Education Committee be placed on the Education Citizen Advisory Board. NOW, THEREFORE BE IT RESEOLVED: That the Common Council of the City of Buffalo requests that two members of UMBTT, namely, Nate Hare and Twiggs Seymore, be appointed to the Education Citizen Advisory Board. PASSED AYES 8, NOES 0 NO. 164 SPONSORED BY: DEMONE A. SMITH, MAJORITY LEADER CO- SPONSORS: RICHARD FONTANA, BONNIE RUSSELL, JOSEPH GOLOMBEK, JR., DARIUS G. PRIDGEN, CHRISTOPHER A. SCANLON RESPONSIBLE BANKING ACT Whereas: With the bank failures of Citigroup, Bank of America and the financial markets, Americans have gained a gigantic mistrust of banks and investors. The government bailout has angered many citizens and forced an "Occupy Movement" to hold fiduciaries accountable for what institutions are doing with public money; and Whereas: Since 2010, Boston, Los Angeles, New York, Philadelphia and Pittsburgh among others, have all considered or passed laws known as "responsible banking ordinances" designed to encourage banks to increase their lending and other services to the city's residents, particularly those in low- income communities; and Whereas: The practices and products (such as loan and investment products) of financial institutions have a measurable impact on the City's tax base, quality of life and overall economic viability and competitiveness; and Whereas: Economic viability and competitiveness comes from strengthening and providing opportunities within all areas of the City; and Whereas: Financial institutions receive deposits and other forms of investments and accounts from City residents. Now therefore be It Resolved; That in return for the privilege of safeguarding and investing the community's wealth and doing business with the City, the financial institutions have a continuing and affirmative obligation to serve the credit and other financial needs of a communities, including and especially minority and low- and moderate - income communities and older adults, consistent with safety and soundness. The City shall assess financial institutions' performance in meeting community needs and use this assessment as a factor in its decision to place municipal deposits in financial institutions and conduct other business with financial institutions; and Now therefore be it Further Resolved; That the City of Buffalo Common Council calls for the establishment of a Community Investment Advisory Board to carry out the duties outlined below. Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 166 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR LOUISE BONNER Whereas: Louise Bonner was born in Woodstock, Alabama. She came to Buffalo in 1961, where she met and married Joseph Bonner Sr. and raised three children. Louise was a devoted Christian and a member of the Second Temple Baptist Church; and Whereas: Louise worked in the Block Club field since 1975, where she became the financial secretary of the Durham Avenue Block Club. She worked with the Masten District Block Club Coalition (MBCC) since 1981. Louise was elected to serve as the president of the Masten District Block Club Coalition; and Whereas: Louise was very influential to the community, she wrote a Crime Watch Grant which was funded by the New York State Criminal Justice services to be operated as the MBCC Crime Watch Program, the block club organizations she worked with are all 501 - C3 and have received numerous grants under her leadership including the Crime Watch Donald Dade beautification grants from Weed & Seed. Under her leadership, MBBC received City- Grant -Aid to organize and render technical assistance to the Masten District Block Clubs; and Whereas: In 1990, she was instrumental in co- organizing the Board of Block Clubs of Buffalo and Erie County and gained recognition from 1490 Enterprises. In 1995, she was given permission by the Council President to open the Board of Block Club Central Clearing House located at City Hall; and Whereas: Louise was the president of the Durham Avenue Block Club, Inc. the Delavan Grider Block Club Council, Inc. and was a volunteer program director for the MBCC, Inc.; and Whereas: Because of her activism and her 30 plus years of community service, she received many awards and recognition; and Now, it Therefore Be Resolved: That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at 784 East Delavan Avenue proclaiming this portion of East Delavan and Durham as "Louise Bonner Way ". Be It Finally Resolved: That the department of Public Works is directed to erect these signs to this effect, once all fees associated with the posting of Trailblazing Sign have been satisfied. ADOPTED NO. 166 SPONSOR: DEMONE SMITH WAIVE PARK FEES ASSOCIATED WITH SICKLE CELL WALK 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: Sickle Cell Walk will take place on September 9, 2012 in Delaware Park; and WHEREAS: This is a free community event. NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park fee for Sickle Cell Walk. BE IT FURTHER RESOLVED That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. PASSED AYES 8, NOES 0 NO. 157 BY: MAJORITY LEADER DEMONE SMITH COUNCIL STAFF APPOINTMENT Whereas: Felicia Stanley residing at 142 Goulding avenue has served as an Intern in the Masten District Common Council Office; and Whereas: Felicia has a strong background in public relations and is involved with government and community affairs. Now, Therefore, Be It Resolved: Felicia Stanley be appointed Legislative Assistant to the Common Council's Central Staff ADOPTED NO. 158 BY: MAJORITY LEADER DEMONE SMITH COUNCIL STAFF APPOINTMENT Whereas: Rasheed Wyatt who resides at 73 Easton Avenue has served as an Legislative Assistant the Common Council's Central Staff office; and Whereas: Rasheed has demonstrated his hard work by taking on active roles with the Council members of all nine districts; and Whereas: Rasheed graduated from with a Bachelor of Science degree from Medialle College in Business Resource Development with a minor in accounting. Now, Therefore, Be It Resolved: Rasheed Wyatt be appointed Senior Legislative Assistant to in the Common Council's Central Staff Office. ADOPTED NO. 159 BY: DEMONE A SMITH 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, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Mary Ellen Faltisco TOTAL ADOPTED UNFINISHED BUSINESS NO. 160 WATERFRONT NEIGHBORHOOD COMMUNITY DEVELOPMENT AGREEMENT CCP #3, 08/04/2010 Mr. Smith now moves that the above item be Taken from the Table Seconded by Seconded by Mr. LoCurto CARRIED Mr. Smith now moved to RECEIVED AND FILED Seconded by Mr. Scanlon Adopted (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. 162 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:55 PM GERALD A. CHWALINSKI CITY CLERK September 4, 2012 NO. 161 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, September 11, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, September 11, 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, September 11, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, September 11, 2012 at 2:00 o'clock P.M. Special Committees Committee on Education Wednesday, September 5, 2012 at 5:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 162 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:55 PM GERALD A. CHWALINSKI CITY CLERK September 4, 2012