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Home My WebLink About12-0918 (2)NO. 17 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 18, 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 Sept 18, 2012 CORRECTED FINAL(# 75 App) MAYOR MAYOR - EXECUTIVE 1. Cit Serv- Submission of Monthly Report- August 2012 R &F 2. Plan Bd -SEQRA Negative Declaration -388 Delaware Ave(Fill) R &F 3. Plan Bd -SEQRA Negative Declaration -16 Good Ave(Fill) R &F 4. Plan Bd -SEQRA Negative Declaration -2062 Main St(Del) R &F 5. Plan Bd -SEQRA Negative Declaration- 295 -305 Niagara St.(Fill) R &F 6. Plan Bd- SEQRA- Negative Declaration -172 East North St(Ell) R &F 7. Plan Bd -SEQRA Negative Declaration -301 Ohio St(Fill) R &F 8. Strat Plan - Utility Easement Agmt- Niagara Mohawk Use Portion of 229 Woodlawn(Mas) APP COMPTROLLER 9. Payroll Debit Card Contract APP ASSESSMENT 10- 9A Tax Cancellation- 2012 -2013 APP PUBLIC WORKS 11- 10. Change in Contract - Colonel Ward S. Basin Improv. Proj APP 12- 11. Change in Contract - Destro Const -DAR Dr Reconstruction APP 13- 12. Change in Contract - Marquis Eng PC- Infrastructure Inspection Consulting APP 14- 13. Change in Contract -Urban Engineers of NY- Citywide Sidewalk Insp Consulting APP 15- 14. City Hall Cafeteria Contract Extension LEG 16- 15. Hazardous Waste Drop Off -Req City Hire MXI APP 17- 16. Permission to Engage Services- Consulting Eng for Citywide ROW Impr APP 18- 17. Permission to Hire Consultant -Coca Cola Field Renovations APP 19- 18. Permission to Hire Consultant -Erie Basin Marina -Hatch Upgrades APP 20- 19. Permission to Hire Consultant -South St & Hamburg St Dock APP 21- 20. Report of Bids - Painting of Streetlights APP 22- 21. Report of Bids - Streetlight Repair in Place Citywide 2012 APP 23- 22. Report of Emergency Bid - Gloria J. Parks CC Emergency HVAC Reconst APP 24- 23. Appoint Park Utility Worker(Prov)(3 step)(Labarge) CS 25- 24. Appoint Senior Clerk(Prov) (4 step)(Rice) CS PERMITS AND INSPECTIONS 26- 24A Food Store License (New) -928 Broadway(Fill) APP 27- 25. Food Store License(New) -1535 Hertel(Del) APP 28- 26. Food Store License(New) -314 Hampshire aka 316 Hampshire(Nia) APP 29- 27. Food Store License(New) -901 Niagara(Nia) APP 30- 28. Food Store License(New) -366 Perry(Fill) LEG 31- 29. Food Store License(New) -4 Thomas(Fill) LEG 32- 30. Second Hand Dealer -2259 Genesee St.(Lov) LEG 33- 31. Appoint Plumbing Inspector(Perm)(Inter)(Ogden) CS CITY CLERK 34- 32. Liquor License Applications R &F 35- 33. Leaves of Absence R &F 36- 34. Reports of Attendance R &F 37- 35. Notices of Appointments - Council Interns ADOPT 38- 36. Notices of Appointment - Seasonal R &F 39- 37. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 40- 38. E. Beck- Letter of Resignation R &F 41- 39. C. Briggs- NYSDOT- Transfer of Maint Jurisdiction of Portions of City Streets and Multi Use Paths in COB CD,PW 42- 40. LP Ciminelli -Bd Packet Documents Sept 2012 ED 43- 40A J. Gates and Others - Various Letters in Support of Gas Station on Amherst St LEG 44- 41. J. Golombek -E. Martina -West Side Air Quality and Toxins LEG 45- 41A M. Jaeger -Town of Amherst -Toll Barrier Resolution R &F 46- 41 B K. Mecca -NHL Locks out Players As Labor Agmt Expires -No More Congestion at Peace Bridge LEG 47- 42. J. McDonald- Review of Air Quality and Asthma Issues at Peace Bridge Plaza LEG 48- 43. D. Pridgen -T. Pritchard Request Investigation of Sewer Lines Northeast Corner of Delaware and Bryant LEG 49- 44. D. Rust -Info Say Yes ED 50- 45. D. Smith - Charter Schools Restart Project ED 51- 46. D. Stebbins - Buffalo Building Project CD PETITIONS 52- 47. M. Lane, Owner, Use 3260 Bailey Avenue -Auto Sales and Repair Garage(Univ)(hrg, 9/25) LEG,CPBD 53- 47A C. Auerbach, Agent, Rezone 392 Kenmore Ave(Univ)(hrg 10/2) LEG,CPBD,ZONING 54- 48. D. Neason & Others - Petition in Support of Lucky's Foodstore -729 Sycamore R &F RESOLUTIONS 117- 48A Fontana LL Intro# 1- Amending Article 20 of the Charter With Respect to Four Year Financial Plans LEG 118- 49. Fontana Waiving Construction Fees & Contractor License Fees for Habitat for Humanity- 2012 -2013 APP 119- 50. LoCurto Contract Btwn Seneca Gaming & COB CD 120- 51. LoCurto Permission to Hang Banners -Rugby Road ADOPT /PW 121- 51A Pridgen Disch Leg, CCP# 46,7/24 -Used Car Dealer 77 Sycamore ADOPT D/C LEG 122- 52. Russell Budget and Personnel Amendment - Common Council #4 APP 123- 52A Smith Appoint Assistant Legislative Aide(Cty Clk)(Palmer ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE Facilitate Roadways and Porte Cochere Easement(Strat Plan)(hrg 9/18) APP 55- 1. Com 55 Sept 4 Appoint Police Officer(Abdul- Wahed,AlIman, Anguish, Baker, Boice, Sept 4 Liberty Affordable Housing Inc, Mariner Towers Assoc, Mariner Housing Losi, McDermott, Fitchlee, Mercurio, Missana, Widgorski, Acquino, Rivers, Olmstead, Schnelle, Tedesco, Vaccaro, Vidal, Weber, Mojica, PILOT -186 Efner(EII)(Strat Plan) APP Mondal, Muhammad Jr., Pakizay, Rachuna, Hoffstetter, Isch, 8. Com 19 Sept 4 LaRusch, Lehner Jr., Long, Coppola, Felschow III,Gatti,Hall Jr, APP 63- Hamilton Jr.(Pol) APP 56- 2. Com 72 Sept 4 Appoint Building Inspector(White)(Prov)(5 Step)(EDPI) APP 57- 3. Com 73 Sept 4 Appoint Chief Building Inspector(Klemann)(5 Step)(EDPI) APP 58- 4. Com 74 Sept 4 Appoint Chief Electrical Inspector(3 Step)(Prov)(Moore)(EDPI) APP 59- 5. Com 87 Sept 4 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 60- 6. Com 16 Sept 4 Tishman Bldg Redev Project- Abandon Portion of Pedestrian Sidewalks to 65- Facilitate Roadways and Porte Cochere Easement(Strat Plan)(hrg 9/18) APP 61- 7. Com 17 Sept 4 Liberty Affordable Housing Inc, Mariner Towers Assoc, Mariner Housing PILOT -186 Efner(EII)(Strat Plan) APP 62- 8. Com 19 Sept 4 Report of Sale -463 E. Utica(EII)(Strat Plan) APP 63- 9. Com 22 Sept 4 Request for Easement -Use Portion (Approx 3.86) of 332 Ellicott(EII)(Strat Plan) APP 64- 10. No 92 Sept 4 M. LoCurto- Request Response from Law Dept Re Agmt Btwn COB & Seneca Gaming R &F 65- 11. No 96 Sept 4 C. Tarr - Concerns Reg Tops Markets 345 Amherst St(North) LEG 66- 12. No 67 July 24 D. Pridgen -LHI Seeks to be a Resource to Provide Knowledge, Experience and Networking to Accomplish Excellent Outcomes R &F LEGISLATION 67- 13. No 116 Sept 4 Y. Amin, Owner, Use 1146 Hertel Ave to Convert Portion of Bldg to Bakery/ Take -Out Restaurant(Del)(hrg 9/11) APP 68- 14. No 117 Sept 4 D. Simpson, Owner, Use 802 Elmwood For a Rest(Del)(Hrg 9/11) APP 69- 15. No 118 Sept 4 L. Runor, Owner, Use 488 Franklin aka 62 Allen- Reestablish Sit -in Restaurant And Front Patio (Fill)(hrg 9/11) APP 70- 16. No 120 Sept 4 R. Bender, Owner, Use 1374 Seneca St For A Freestanding Sign(no hrg)(Lov)_APP 71- 17. Com 59 Sept 4 Flee Market(New)(Nia)(EDPI) APP 72- 18. Com 60 Sept 4 Food Store License(New) -2594 Bailey(Lov)(EDPI) APP 73- 19. Com 65 Sept 4 Restaurant Dance License Renewal -2897 Bailey(Univ)(EDPI) APP 74- 20. Com 67 Sept 4 Restaurant Dance License Renewal -681 Maln(Ell)(EDPI) APP W /COND 75- 21. Com 68 Sept 4 Sidewalk Cafe -256 Allen St(Fill)(EDPI) APP 76- 22. Com 69 Sept 4 Used Car Dealer -283 Broadway(EII)(EDPI) APP W /COND 77- 23. Com 71 Sept 4 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(EDPI) R &F 78- 24. Com 82 Sept 4 Application for Restricted Use Permit -334 Delaware(EII)(CtyClk) APP 79- 25. No 130 Sept 4 A. Terragnoli, Agent, Use 765 Elmwood, Change of Use Portion of Bldg to a Sit in Restaurant(hrg 7/31)(Del)( #72,7/24) APP 80- 26. No 71 July 24 J. Washington- Protection of the Public Against Unmanned Aerial Vehicles(Drone) R &F 81- 27. No 38 June 12 D. Pridgen -The Penalty for Overpayment of Rental Registration R &F 82- 28. Res 96 May 29 LL Draft - Amending the Charter Regarding Annual Four Year Plan and Fund Balance Policies(Fontana) R &F 83- 29. Com 45 May 1 List of Approved Chicken Licenses R &F 84- 30. Res 88 June 28 Restructuring to 8 Council Districts and Elected Council Pres(exc res) R &F 85- 31. Com 33 June 26 Food Store(New) 179 Military(North)(EDPI) APP EDUCATION 86- 32. No 89 Sept 4 LP Ciminelli -Board Packet Documents August 2012 R &F 87- 33. No 94 Sept 4 S. Norris -Zero Tolerance for Bullying at Schools R &F 88- 34. No 62 July 24 L.P. Ciminelli -Board Packet Documents -July 2012 R &F 89- 35. No 33 June 12 J. Golombek - Article- Proposal to Move Leonardo da Vinci High School R &F 90- 36. No 51 May 29 D. Smith -J. King- Concerns Students Attendance R &F 91- 37. No 40 Mar 6 D. Smith - Creation of Citizens Education Oversight Sub - Committee APP 92- 38. Res 106 Jan 24 Education Committee Empowers a Subcommittee - Citizens Education O /Sight Committee APP 93- 39. No 42 May 31 C. Rodriguez- Concerns Re: English Language Learners in Bflo Public Schools R &F 94- 40. No 59 May 3 D. Smith -LP Ciminelli -MM/BE Project Information MBEC 95- 41. No 60 May 3 D. Smith - Amended State Education Law R &F 96- 42. No 72 April 19 S. Radfor -Bd of Ed Residency Requirement R &F 97- 43. No 75 April 19 D. Smith - Article- Fixing Dysfunctional Urban Schools R &F 98- 44. No 76 April 19 D. Smith - Article - School Bd Abandoning Residency Rule R &F 99- 45. No 41 April 5 BPS Parent Coordinating Council -Bflo Ed Reform Agenda R &F 100- 46. No 51 April 5 M. Kearns - Residential Charter School R &F 101- 47. No 52 May 17 S. Radford - DPCC -Bflo Ed Reform Agenda R &F 102- 48. No 60 April 5 S. Radford -DPCC Report on Neighborhood Schools R &F 103- 49. Res 165 April 5 Opposing Bflo Bd of Ed's Rescinding of the Teacher Residency Rule(exc res) R &F 104- 50. No 88 Feb 22 Bflo Pub Sch Parent Council -Comp Student Attend Policy for Grades(# 43,12/8) R &F 105- 51. No 28 Mar 8 M. Jaskula -A. McGrath - Response #93, ccp# 1/25/1 1,Call for Ed Summit R &F 106- 52. No 55 Mar 22 Coordinated School Health Care Program R &F 107- 53. No 68 Mar 22 D. Smith -Re: Layman's Perspective- Raising Graduation Rates in School Sys R &F 108- 54. No 39 Feb 8 D. Smith - Article on COB Schools R &F 109- 55. No 46 Jan 25 C. Paladino- Concerns Buffalo Board of Education and Bflo Public Schools R &F 110- 56. No 38 Dec 28 D. Smith -The Schott 50 State Report on Public Ed and Black Males R &F 111- 57. No 40 Nov 16 D. Smith -P. Rumore - Resolution Challenging the Fed Govt's Approach to Failing Buffalo Schools R &F 112- 58. Res 85 Oct 19 Challenging the Fed Gov Approach to Failing Bflo Schools(exc res) R &F 113- 59. No 77 July 6 D. Smith -Bflo School Parents Recommend Changes for Suspension Policy(# 60,6/22) R &F 114- 60. No 47 Dec 8 M. Kearns - Request Expanding Discovery School #67 R &F 115- 61. Com 51 May 25 Response CCP# 104,5/11/10 -Move School Bd Elections to November(Bd Ed)_R &F 116- 62. No 56 Oct 13 D. Smith -Sound Basic Education Covenant R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 18, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None -0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on September 4, 2012 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTH REPORT- AUGUST 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 August 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. 2 PLAN BD -SEQRA NEGATIVE DECLARATION -388 DELAWARE AVE(FILL) SEQRA Notice of Determination Non Significance Negative Declaration 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 The Buffalo Club; Fitness Center Expansion Location: 388 Delaware Avenue Type of Action; Uncoordinated. Unlisted Description: HHL Architects on behalf of The Buffalo Club is proposing to construct a building addition on the property located at 388 Delaware Avenue, Buffalo New York. The Buffalo Club is proposing to expand their facility by creating a 12,654 gross square foot three story addition to the northwest corner of the existing building complex next to the boiler room and the indoor pool. Midblock on Trinity Place, a 3,041 gross square foot two story infill is planned, above at the grade one story high bowling alley portion of the building. The new three story addition will require the demolition of a boiler room smokestack adjacent and exterior to the boiler room. Most of the existing walls that will be covered by the proposed addition are brick and windowless. Plans for the three story addition include an expanded wellness program space on the ground floor, new women's and children's locker rooms on the first floor and a doubles international squash court with 4 guest sleeping rooms and the second floor. The squash court volume is 25' wide, 45' long and 26' high. The overall building height for the addition will be approximately 55.67' above the adjacent curb line. The infill addition along Trinity Place will contain a fitness studio, meeting room at the first floor level (above the ground floor bowling allay) and an expanded men's locker room at the top floor. The exterior skin of the new addition and infill along Trinity Place will be primarily of brick and Indiana limestone, that will match that used in the 2001 addition (north elevation) and the surrounding masonry exterior walls and surfaces in the Trinity Place fagade (south elevation). All new windows will be installed in all the new openings as well as projecting copper balconies with metal railings. The main cornice will be of metal or wood, high painted and have built in copper lined gutters with internal downspouts. The mansard roof materials will be standing seamed metal. All new flat roofs will be EPDM membrane. For site work, parking lot asphalt will be patched and repaired as required. Concrete paving over existing below - grade vaults to the west of the boiler room will be replaced with new concrete flatwork. There will be enhanced landscaping provided along Trinity Place to the corner of Elmwood Avenue. Built in planters will be constructed beneath recessed windows of the new addition west elevation along Elmwood and filled with evergreens. 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: this project will allow the Buffalo Club to maintain its prominent status among similar clubs in Western New York providing its members with the most up to date athletic facilities in the 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 — 716 851 -5085. RECEIVED AND FILED NO. 3 PLAN BD -SEQRA NEGATIVE DECLARATION -16 GOOD AVE(FILL) SEQRA Notice of Determination Non Significance Negative Declaration 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 BEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Parking Lot, Southtowns Church of Christ Location 16 Good Avenue Type of Action: Unlisted- Uncoordinated Description: David Kazmierczak (DK, R.A.) on behalf of Southtowns Church of Christ is proposing a new 10 car parking lot on the property located at 16 Good Avenue, Buffalo New York. The parking lot will include a new decorative wood fence screening the parking lot along the adjacent property lines, landscape screening along the two street -side yards. The parking lot has received a zoning board variance re "yard" requirements. New landscaping will be installed as well as a sub - surface drainage. The project will not include exterior lighting. An area for snow storage has been provided. 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: some members of the congregation are elderly and have difficulty walking to the church from the street parking as well as taking cars off the street during the 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. Marlin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 716 851 -5085 RECEIVED AND FILED NO.4 PLAN BD -SEQRA NEGATIVE DECLARATION -2062 MAIN ST(DEL) SEQRA Notice of Determination Non Significance Negative Declaration 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 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 fo0owing action as it relates to the environment: Action Title Forest Lawn Archives Research Center Location: 2062 Main Street Type of Action: Coordinated. Unlisted Description: The Schneider Design Architects on behalf of Forest Lawn Cemetery is proposing to construct an archive and research center on the property located at 2062 Main Street, Buffalo New York. Forest Lawn cemetery is proposing to build a new building that will be called the Margaret I. Wendt Archives Research Center. The building will house historic records and will not have a cemetery business conducted within. It will have a multi- purpose area, admissions and gift shop area, archival storage, a research area, two offices and a restroom. The building will have features that replicate the former 'Granger Barn" that was located on the site. The building will be located in a section of the cemetery that is used for maintenance purposes. There are no graves nearby. Perking is proposed to accommodate the new building. A courtyard area in front of the Center is planned- The location for the Center was determined by the idea of a future project that would build the "Granger Castle" that also was located on this site. New Landscaping and water management as well as relocating the current fence to separate the Center from the cemetery is proposed. A zoning variance will be required for the proposed gift shop and parking requirements in a R2 Dwelling District Zone 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 wig not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow the cemetery to have a free standing, well organized archive center that wilt assist the many visitors in researching prominent figures in Buffalo History as well as friends and family members that may be interned in the historic cemetery: 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 farther 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. 6 PLAN BD -SEQRA NEGATIVE DECLARATION- 296 -306 NIAGARA ST. (FILL) SEQRA Notice of Determination Non Significance Negative Declaration 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 Niagara Bicycle Lofts Location 295 -305 Niagara Street Type of Action: Type 1 Coordinated Description: The Niagara Bicycle Building is an existing 53,500 square foot warehouse located at 295 -305 Niagara Street, Buffalo New York. Originally built in 1853, It was the home of Turner Brothers Company for approximately 24 years, until being sold in 1877 to JB Sweet Children's Carriage Manufacturer. In 1891 it was sold to Niagara Petal Company which manufactured bicycles petals until it was sold to American Storage in 1901. The complex served as a storage warehouse until 2011. Sienna Realty intends to reposition the building into 21 market rate apartments to become Niagara Bicycle Lofts. The project will also include 10,000 square feet of office space for the LISC Center Space Project (LJSC) and 7500 square feet of ground floor retail space for Green Options Buffalo (Go Buffalo). The building will undergo total renovation that includes, but is not limited to, a green roof system, new window systems, exterior masonry restoration, new interior walls and doors, new kitchens and baths, a new elevator, fire protection as well as the complete renovation of the electrical, plumbing and mechanical systems. The site improvements will consist of substantial landscaping and parking amenities. The project will incorporate the latest technologies to reduce energy consumption, carbon emissions and reduce the overall cost for its tenants all within the envelope of the historic structure. Buffalo Car Share will have a station at the building The heating and cooling system will be sourced with geothermal with the domestic hot water utilizing a combination of solar thermal with in unit booster's hot water tanks. The project will be financed with a 3,000,000 dollar loan and a 1,400,000 of equity from the project partners. The ECIDA has also approved 285,000 dollars of financing. The developer will appeal to the City of Buffalo to provide a 485 -A Property Tax Abatement. The developer has also applied for NYSERDA grants and a National Grid Main Street programs grant. The site was included in the NYS Brownfield program in April of 2012. Remediation is scheduled to begin in mid - August 2012. A Part 1 application was completed and submitted to the New York State Office of Parks, Recreation and Historic Preservation. The application was approved for submission with full support by SHPO and the National Parks Service. 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 h s decision are as follows. This project will allow for the renovation of the vacant existing building that will greatly enhance the lower Niagara Street area bringing new life to an area that has been neglected for many years. 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. 6 PLAN BD -SEQRA NEGATIVE DECLARATION -172 EAST NORTH ST (ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 9 (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 Woodson Gardens Demolition Location 172 East North Street Type of Action Type 1 Uncoordinated Description: the Buffalo Municipal Housing Authority is proposing the demolition of Woodson Gardens Housing Complex located at 172 East North Street, Buffalo New York. The work will entail the abatement of hazardous materials and the full demolition of 12 tow story and 2 single story duplex units. The areas where the houses previously stood will have their foundations backfilled with clean fill and topped with 4 inches of top soil and seeded to meet the existing adjacent grades. All utilities are to be cut and capped per the requirements of the City of Buffalo and utilities companies. The areas surrounding the site include residential homes and the City Honors School. All proper precautions will be taken during the demolition to prevent any environmental concerns to the surrounding community. A Potters Field has been discovered on the site and all work is being completed with consultation with the New York State Office of Parks, Recreation and Historic Preservation (SHPO) and Panamerican Consultants. Site investigations' have been completed and based on the likelihood of discovering human burial presence, impact avoidance protocols have been put in place to minimize any possible disturbance. 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 demolition will allow for a shovel ready site for a number of activities as well as remove a housing development that has been empty for many years creating a dangerous situation to the surrounding community residents and the school children who pass by the 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- 716 851 5085 RECEIVED AND FILED NO. 7 PLAN BD -SEQRA NEGATIVE DECLARATION 301 OHIO ST (FILL) Non Significance Negative Declaration 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 relates to the environment: Action Title Patrick J. Paladino Memorial Boat House Location 301 Ohio Street Type of Action: Uncoordinated. Unlisted Description: Chaintreuil, Jensen, Stark Architects on behalf of the Buffalo Scholastic Rowing Association is proposing the construction of a boathouse located at 301 Ohio Street, Buffalo New York. The proposal is for new two story boat storage and training facility structure, paved surface parking lot, utility connections and new landscaping surrounded by a security fence. An existing temporary storage structure on site shall be removed upon the occupancy of the new facility. An existing floating dock shall be utilized to access the river for rowing practice and /or competitions. Improvements within the bed and banks of the Buffalo River and or Dead Creek may eventually be undertaken by others in the near future. 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 for a much better site for the rowing groups that utilize this area as well as create more rowing opportunities and competition for area rowing teams. The identified potential negative impacts appear to be primarily short -term site preparation end 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 FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF A PORTION OF 229 WOODLAWN — CITY OWNED VACANT LOT MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from National Grid to obtain a permanent easement in order to allow them to install a new pole and 1 anchor on city owned property located at 229 Woodlawn. National Grid has indicated that they need to install a new pole and 1 anchor near the southeast corner of 229 Woodlawn in order to provide electrical service to the customer at 125 Purdy. The utility pole would be erected as described in the attached easement and shown on exhibit A. The current service has wires running between the two houses located at 123 & 125 Purdy, which is no longer permitted. In order to correct the situation a new pole and anchor needs to be installed. The City acquired 229 Woodlawn through Erie County Tax Foreclosure In -Rem #133 in May of 1977. This office has contacted the Corporation Counsel's Office and the Land Use Planning Committee and they have no objections to this easement. The Corporation Counsel's Office has approved the easement agreement as to form. I am recommending that Your Honorable Body approve the attached easement agreement. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated September 11, 2012, be received and filed; and That the Director of Real Estate be, and she hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk for use of city -owned property located at 229 Woodlawn. That the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 9 PAYROLL DEBIT CARD CONTRACT Attached, please find a proposed contract for payroll debit card services with Cardvark on behalf of and in conjunction with TSYS Merchant Solutions, LLC ( "TMS "). The purpose of the payroll debit card program is to give employees the ability to participate in direct deposit of their payroll check if they do not have a checking or savings account with a financial institution. The payroll debit card program is required as part of the collective bargaining agreement of the Professional Clerical and Technical Employees Association for the Buffalo Board of Education, which mandated direct deposit for all employees. It will be a voluntary program for all other Board of Education, City of Buffalo, and Buffalo Sewer Authority employees. Their payroll funds will be deposited on a payroll debit card, eliminating the need to use a check cashing company, which charge fees ranging from $3 to $25 per check. There are no fees to the City associated with this program, and it will eliminate the costs of printing and distributing physical checks and simplify the payroll process. The City of Buffalo issued an RFP for payroll card services. Bank of America, ADP, JP Morgan Chase, Cardvark Inc., and Manufacturers & Traders Trust each responded with pricing structures that were in compliance to our RFP process. The proposal from Cardvark Inc. included an incentive to the City of 5% of their annual net revenue from the payroll card program. This potential revenue stream was the determining factor in awarding the contract to Cardvark Inc. Cardvark Inc. will instruct all payroll card participants in the use of the card to avoid bank card fees. Employees will not pay any fees for the first transaction per pay period at any ATM or over the counter at any bank. A fee of $1.75 will be charged for the each subsequent ATM or bank transaction until the next pay period. All point -of -sale transactions at retailers will be free of charge. The City Law Department has approved the contract to form and the Comptroller is requesting your approval of this contract so we can begin implementation of the payroll card program. The Comptroller also requests that Your Honorable body authorize pertinent City personnel to negotiate and enter into a separate written agreement directly with Cardvark for purposes of effectuating the revenue sharing with the City by Cardvark as described above. Mark J. F. Schroeder Comptroller Payroll Debit Card Contract Mr. Smith moved: That the above item be, and the above communication from the Comptroller, dated September 13, 2012, be received and filed; and That the Comptroller is hereby authorized to enter into all necessary agreements with the Cardvark, on behalf of, and in conjunction with TSYS Merchant Solutions, LLC ( "TMS ") to allow employees the ability to participate in direct deposit of their payroll check if they do not have a checking or savings account with a financial institution. The payroll debit card program is required as part of the collective bargaining agreement of the Professional Clerical and Technical Employees Association for the Buffalo Board of Education, which mandated direct deposit for all employees. It will be a voluntary program for all other Board of Education, City of Buffalo, and Buffalo Sewer Authority employees; and That the Common Council hereby authorizes pertinent City personnel to negotiate and enter into a separate written agreement directly with Cardvark for purposes of effectuating the revenue sharing with the City by Cardvark. Copy available for review in the City Clerk's office. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 10 TAX CANCELLATION 2012 -2013 Adjustments on the General City Tax for 2012 -13 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $323,706.48. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation be received and filed, and that a warrant be drawn on the Account entitled General City Charges (Orig 17221008 Obj 480101 Tax Adjustment Fund) in favor of the City for the taxes indicated on the list attached to this September 18, 2012 Communication in the amount of $323,706.48 for the properties listed therein. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 CHANGE IN CONTRACT STC CONSTRUCTION, INC. CONTRACT #93000640 COLONEL WARD S. BASIN IMPROV. PROJECT I hereby submit to Your Honorable Body the following change order for this contract. This change order as to continue the Colonel Ward South Basin Improvement Project STC Construction, Inc. is the contractor for this South Basin Improvements project. To facilitate access into the South Basin to complete the work as specified under the existing contract and to ensure the continual operation of our treatment plant, plant residuals that have accumulated in the Settling Basins and residuals in the lagoon need to be removed. This change order is necessary to complete the removal and processing of residual from the settling basins and lagoon an order to maintain settled water quality and is critical for plant operation to meet effluent requirements. This process must continue until all the residuals are removed from the basin and lagoon and is critical for the continued operation of our treatment plant. Current Contract Amount: $1,702,651.00 This Increase: $ 259,671.00 Total Contract $1,962,322.00 1 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 STC Construction, Inc. Funds are available in a Division of Water account(s) 53230796, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 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 $259,671.00 (Current Contract Amount $1,702,651.00 + Change Order #1 $259,671.00 for a Total Contract Amount of $1,962,322.00) for the Colonel Ward South Basin Improvement Project to STC Construction, Inc. Funds for the project are available in Division of Water Account(s) #53230796, and an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 12 CHANGE IN CONTRACT DESTRO & BROTHERS CONCRETE CO., INC. DAR DRIVE ROAD RECONSTRUCTION I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to relocate the Division of Water's pipe yard. Funds will be available in an 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 Destro & Brothers Concrete Co., Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 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 $180,000.00 (Current Contract Amount $1,020,975.39 + Change Order #1 $180,000.00 for a Total Contract Amount of $1,200,975.39) for the DAR Drive Road Reconstruction to Destro & Brothers Concrete Co., Inc. Funds for the project are available in an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 13 CHANGE IN CONTRACT MARQUIS ENGINEERING, P.C. INFRASTRUCTURE INSPECTION CONSULTING SERVICES CONTRACT #93000636 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue infrastructure inspections through the end of the 2012 construction season, and extend services into the 2013 construction season in accordance with the agreement. The consultant's performance has been an integral part of the City's record breaking construction season. Existing Contract Amount $340,000.00 Increase in Contract $180,000.00 Total Contract to Date $520,000.00 Funds are available in Capital Projects Account # 34311506 - 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Marquis Engineering, P.C. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 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 $180,000.00 (Current Contract Amount $340,000.00 + Change Order #1 $180,000.00 for a Total Contract Amount of $520,000.00) to continue infrastructure inspections through the end of the 2012 construction season, and extend services into the 2013 construction season in accordance with the agreement to Marquis Engineering, P.C. Funds for the project are available in Capital Projects Account #34311506 - 445100 and /or another account to be named at a later date. PASSED AYES 9, NOES 0 NO. 14 CHANGE IN CONTRACT URBAN ENGINEERS OF NEW YORK, P.C. CITY -WIDE SIDEWALK INSPECTION CONSULTING SERVICES CONTRACCT #93000909 I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue infrastructure inspections through the end of the 2012 construction season, and extend services into the 2013 construction season in accordance with the agreement. The consultant's performance has been an integral part of the City's record breaking construction season. Existing Contract Amount $139,428.00 Increase in Contract $100,000.00 Total Contract to Date $239,428.00 Funds are available in Capital Projects Account # 34311506 - 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Urban Engineers of New York, P.C. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 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 mount of $100,000.00 (Current Contract Amount $139,428.00 + Change Order #1 $100,000.00 for a Total Contract Amount of $239,428.00) to continue infrastructure inspections through the end of the 2012 construction season, and extend services into the 2013 construction season in accordance with the agreement to Urban Engineers of New York, P.C. Funds for the project are available in Capital Projects Account #34311506 - 445100 and /or another account to be named at a later date. PASSED AYES 9, NOES 0 NO. 16 CITY HALL CAFETERIA CONTRACT EXTENSION I hereby request authorization to extend the contract with Brand -On Services II. Inc. for the operation of the cafeteria at City Hall for 2 additional years beginning October 1, 2012. This extension is necessary to keep the cafeteria open while the Division of Buildings compiles a Request for Proposals for a new operator. REFERRED TO THE COMMITTEE ONLEGISLATION NO. 16 HAZARDOUS WASTE DROP OFF I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire and enter into an agreement with MXI Environmental Services for the hazardous waste drop off. MXI was procured by Erie County through the competitive bid process and we would like to utilize their selection process. The costs for services are estimated not to exceed $34,000.00. The funds are available in an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated August 31, 2012, be received and filed; and That the Department of Public Works, Parks and Streets is hereby authorized to enter into an agreement and to hire MXI Environmental Services for the hazardous waste drop -off site. The costs for services are estimated not to exceed $34,000.00. Fund are available in an account(a) to be named at a later date. PASSED AYES 9, NOES 0 NO. 17 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE RIGHT OF WAY IMPROVEMENTS INSPECTION I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide construction phase services for multiple project consisting of right -of -way infrastructure improvements. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in Capital account(s) 34311506 445100 and an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 13, 2012, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award hire a consultant to provide construction phase services for multiple projects consisting of right -of -way infrastructure improvements. The consultant will be chosen through a Request for Qualification (RFQ) process. The costs for consulting services are estimated not to exceed $150,000.00. Funds are available in Capital Account(s) 34311506 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 18 PERMISSION TO HIRE CONSULTANT COCA COLA FIELD RENOVATIONS ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for Renovations at Coca Cola Field. The scope of this work includes roofing reconstruction, addressing drainage/ moisture damage problems in various areas, general lighting, chiller replacement, boiler replacement. The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in 35324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 10, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineer services for renovations at Coca -Cola Field. The scope of the work includes roofing reconstruction, addressing drainage /moisture damage problems in various areas, general lighting, chiller replacement, and boiler replacement. The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in Account 35324706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO HIRE CONSULTANT - ERIE BASIN MARINA HATCH & FOOD SERVICE UPGRADES I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids for the upgrade of the Hatch Restaurant and Food Service Area at the Erie Basin Marina. This work shall include, but not limited to, the reconfiguration of the interior of the restaurant, demolition of the ice cream gazebo, construction of a new clam bar / ice cream building, upgrades to the current food service and storage buildings. We estimate the total cost of design, engineering, construction and inspection to be approximately $500,000.00. Funds for this project are available in Bond Fund 35328206, and an account(s) to be named at a later dated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 12, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to prepare plans and specifications and to advertise for bids for the upgrade of the Hatch Restaurant and Food Service Area at the Erie Basin Marina. The cost for consulting services is estimated not to exceed $500,000.00. Funds are available in Bond Fund 35328206, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 20 PERMISSION TO HIRE CONSULTANT - SOUTH STREET & HAMBURG STREET DOCK I hereby request permission from your Honorable Body m authorize the Commissioner of Public Works to engage the services of a consultant engineer to prepare plans and specifications and to advertise for bids for the installation of a new floating dock system near the intersection of South Street and Hamburg Street on the Buffalo River. this work shall include survey of the area and design of the appropriate dock system. We estimate the total cost of design, engineering, construction and inspection to be approximately $120,000.00. Funds for this project are available in Bond Fund 35317106. and an account(s) to be named at a later dated. to Hire Consultants - South Street and Hamburg Street Dock (PW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 12, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant engineer to prepare plans and specifications and to advertise for bids for the installation of a new floating dock system near the intersection of South Street and Hamburg Street on the Buffalo River. The cost for consulting services is estimated not to exceed $120,000.00. Funds are available in Bond Fund 35317106, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS - PAINTING OF STREETLIGHTS CITY -WIDE 2012 (PW) This is to advise your Honorable Body that I have advertised and received bids on August 15, 2012 The following bids were received Contractor Base Bid Total Bid Price E &M Star Painting $177,573.00 $186,451.65 3503 Genesee St Cheektowaga, NY 14225 P &G Developers $298,158.00 $313,065.90 23 Doyle Ave Buffalo, NY 14207 Atlas Painting $345,677.00 $362,960.85 465 Creekside Dr Amherst, NY 14228 PCI International Inc 26 Cooper Ave Tonawanda, NY 14150 South Buffalo Electric 1250 Broadway St Buffalo, NY 14212 $996,440.00 $1,046,262.00 $2,449,930.37 $2,572,426.89 I hereby certify that the lowest responsible bidder for the above project is E & M Star Painting and I respectfully recommend that Your Honorable Body authorize a contract award to E & M Star Painting in the amount of $186.451.65. (Base Bid of 177.573.00 + [5% unit price increases] $8,878.65 equals [Total Award] $186.451.651. Funds for this project are available in accounts # 13116006- 443100. The engineer's estimate for this work is $174, 131.00. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 10, 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 painting of streetlights city -wide, in the Total amount of $184,451.65 to E &M Star Painting, to be funded through Account 13116006- 443100. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS STREETLIGHT REPAIR IN PLACE CITYWIDE 2012 GROUP #762 This is to advise Your Honorable Body that I have advertised and received bids on August 15, 2012 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $250,000.00 $262,500.00 1250 Broadway St. Buffalo, NY 14212 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $262,500.00. (Base Bid of $250,000.00 + [5% unit price increases] $12,500.00 equals [Total Award $262,500.001. Funds for this project are available in accounts #13116006- 443100 and another account to be named. The engineer's estimate for this work is $208,500.00. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 10, 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 repair of streetlights city -wide, in the Total amount of $262,500.00 to South Buffalo Electric, Inc., to be funded through Account 13116006- 443100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 23 REPORT OF EMERGENCY BID GLORIA J. PARKS COMMUNITY CENTER EMERGENCY HVAC RECONSTRUCTION JOB# 1262B UNIVERSITY DISTRICT CCP# 14, 07/24/2012 1 received the following emergency bid for the Gloria J. Parks Community Center, Emergency HVAC Reconstruction, on September 10, 2012. During the process of reconstructing the A/C condensing unit, it was discovered that the compressor fan motors and fan blades had totally failed and need to be replaced. John W. Danforth Co. $12,000.00 300 Colvin Woods, Tonawanda, NY 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 Twelve Thousand and 00/100 Dollars ($12,000.00). Funding for this project is available in 34323406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 10, 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 a contract in the Total amount of $12,000.00 to John W. Danforth Co. for the Gloria J. Parks Community Center, Emergency HVAC Reconstruction. Funding for this project is available in Account 34323406 445100 — Buildings. PASSED AYES -9 NOES -0 NO. 24 APPOINT PARK UTILITY WORKER, (PROV)(LABARGE) Appointment effective 09/05/2012 in the Department of Public Works, Parks and Streets to the Position of Park Utility Worker, Provisional at the 3rd step of $36,571.00 Kenneth Labarge, 131 Maurice St, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 APPOINT SENIOR CLERK(PROV)(4 STEP)(RICE) Appointment effective 09/05/2012 in the Department of Public Works, Parks and Streets to the position of Senior Clerk, Provisional appointment at the 4 h step of $34,712.00 Ronisha Rice, 233 Hight St, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 26 FOOD STORE (NEW) 928 BROADWAY(FILLMORE) Pursuant to Chapter 104 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 928 Broadway (Family Dollar Stores of NY Inc.. Colin McGinnis) 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 yore 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 September 14, 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 Colin McGinnis d /b /a Family Dollar Stores of NY, Inc., located at 928 Broadway. PASSED AYES -9 NOES -0 NO. 27 FOOD STORE LICENSE -1535 HERTEL(DEL) 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 1535 Hertel (Village Beer Merchant LLC /Melvin Weston, 3r. and Louise M. Weston) 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 September 12, 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 Melvin Weston, Jr. and Louise M. Weston d /b /a Village Beer Merchant LLC, located at 1535 Hertel Avenue. PASSED AYES -9 NOES -0 NO. 28 FOOD STORE (NEW) 314 HAMPSHIRE AKA 316 HAMPSHIRE(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 314 Hampshire AKA 316 Hampshire ( Khatiza Gift Shop / Khatiza M. Bodi -Alam) and find that as to form is correct. 1 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 September 12, 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 Khatiza M. Bodi -Alam d /b /a Khatiza Gift Shop, located at 314 Hampshire a /k/a 316 Hampshire. PASSED AYES -9 NOES -0 NO. 29 FOOD STORE LICENSE(NEW) 901 NIAGARA(NIA) 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 901 Niagara (Alhannah Food /Sharif S. Almadrahi) 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 September 12, 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 Sharif S. Almadrahi d /b /a Alhannah Food, located at 901 Niagara PASSED AYES -9 NOES -0 NO. 30 FOOD STORE(NEW) -366 PERRY (FILL) Pursuant to Chapter !94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 366 PERRY (Harbor Deli /Khalid 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 FOOD STORE (NEW) 4 THOMAS(FILL) 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 4 Thomas [ Aiasri Dell /Mussed M Alasri) and find that as to form is correct. I have caused an investigation into the premises for which said application ['or 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. 32 SECOND HAND DEALER 2259 GENESEE ST. (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2259 Genesee St and find that as to form is correct. I have caused an investigation into the premises for which said .application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Vanessa Moore. The attached thereto for Vanessa Moore d /b /a /Net's Place. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 33 APPOINT PLUMBING INSPECTOR(PERM)(INTER)(OGDEN) Appointment effective 08/27/2012 in the Department of Economic Development, Permit and Inspection Services to the Position of Plumbing Inspector, Permanent at the Intermediate Salary of $47,181.00 Keith Ogden, 334 Downing, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 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 1458 Hertel Ave Uncorked 1458 Hertel Ave 3087 Main St 3087 Main St Michael Gebre and Tsegai Mesfin RECEIVED AND FILED NO. 35 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Melissa Morgan Police- Deborah Daniel RECEIVED AND FILED. NO. 36 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 37 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective September 6, 2012 in the Department of Common Council, Division of Fillmore District, Non Competitive at the flat salary of $8.00 /hr Jeremy Kaczynski, 135 Mohr Street, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective September 6, 2012 in the Department of Common Council, Division of City Clerk, Non Competitive at the flat salary of $12.06/hr Monica Lewis, 14 Dartmouth, Lower, Buffalo, NY 14215 NO. 38 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 September 5, 2012 in the Department of Assessment and Taxation to the Position of Clerk, Seasonal Appointment at the flat salary of $12.06/hr Jay LoTempio, 229 Villa Ave, Buffalo, NY 14216 Alonzo Thompson Jr, 811 Humboldt Pkwy, Buffalo, NY 14208 NO. 39 APPOINTMENTS - TEMPORARY /PROVISIONAL /PERMANENT I transmit herewith appointments in the various departments made at the minimum(Temporary, Provisional or Permanent)(as per contract requirement) REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment effective 09/04/2012 in the Department of Police to the Position of Civilian Crossing Guard, Permanent appointment at the Salary of $9.90 /hr Colleen Prentiss, 426 Crescent Avenue, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 40 E. BECK - LETTER OF RESIGNATION September 10, 2012 Dear Council Members, I regret to inform you that I will be unable to continue to fulfill my duties as a Legislative Assistant. I believed that I would be able to continue my education while working on the Common Council Staff however the times directly overlap each other. It has been a pleasure to serve you and the other Council Members. Best of Regards, Edward V. Beck RECEIVED AND FILED NO. 41 C. BRIGGS- NYSDOT- TRANSFER OF MAINT JURISDICTION OF PORTIONS OF CITY STREETS AND MULTI USE PATHS IN COB Dear Mr. Chwalinski: I, Charles Briggs, Transportation Maintenance Division, Department of Transportation, State of New York, do HEREBY CERTIFY that the foregoing is a true copy of Official Order H2570 of the Department of Transportation and the same has been compared with the original thereof filed in my office on the 4th day of September, 2012 and the same is a correct transcript there from and of the whole thereof. In witness whereof, I have thereunto set my hand and affixed the seal of the Department of Transportation of the State of New York, this 4th day of September, 2012. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS NO. 42 LP CIMINELLI -BOARD PACKET DOCUMENTS SEPTEMBER 2012 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider Date: September i1, 2012 Regarding Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 10, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 6, 2012 3. Fully Executed Phase III Application and Certificate for Payment No. 51 - July 2012 4. Fully Executed Phase W Application and Certificate for Payment No. 49 - July 2012 5. Fully Executed Phase V Application and Certificate for Payment No. 32 - July 2012 6. Phase III Application and Certificate for Payment No. 52 - August 2012 7. Phase IV Application and Certificate for Payment No. 50 - August 2012 8. Phase V Application and Certificate for Payment No. 33 - August 2012 9. Program Packaging and Development Services (PPDS) Provider Update 10. Bcvlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- July 2012 11, Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - July 2012 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - July 2012 13. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - July 2012 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 43 J. GATES AND OTHERS - VARIOUS LETTERS IN SUPPORT OF GAS STATION ON AMHERST ST I am waiting to use my Tops card to save on gas at the Amherst Street store, but the gas station keeps getting delayed we certainly can use some development in the area, and these are modern stations that will improve our area. I hope Councilman Golombek approves "this needed area improvement. J Gates I am in full support of Tops building a gas station on Grant and Amherst streets in Buffalo. It's about time we get some new improvements to an area that certainly can use it. Let's start pumping Very truly yours, J. Martin In every other town in Western New York the gas station for the Tops on Amherst St would have been up and running by now. My family lives near the Tops on Niagara St in Tonawanda the gas station is very close to Ellicott Creek and there has never been any environmental issues. Enough delays!! Schihl MR.EDITOR:IT'S TIME; IT'S TIME FOR OUR ELECTED LEADERS TO APPROVE THE GAS STATION AT TOPS ON AMHERST STREET IN BU —FALO. WHAT IS THE DELAY? OUR AREA NEEDS CLEAN, COMPETITIVE ALTERNATIVES FOR FUEL AND CONVENIENCE ITEMS. WE NEED TO GET THIS PROJECT APPROVED AND OPEN. MAYBE IT WILL SPUR SOME OTHER GROWTH IN THE AREA, WE SURE KNOW WE CAN USE IT. J SHARPE To Whom it may concern The delay in approving a new gas station at the Tops on Amherst Road has gone on long enough. Until there are alternative Fuel initiatives, we run our vehicles on gas, so give us another closer option to purchase Fuel. Tops' gas stations are very clean, and the prices are competitive. Tops has many gas stations in WNY and there has never been any issues regarding safety. It's time to approve this needed project. J. Wade Hello I live near the Tops on Amhers Street in Buffalo. I encourage the Buffalo City Council to approve the proposed gas station at that store. We need more gas competition to drive down cost, and we can earn points to save even more money. It's about time our elected officials approve something that will not only benefit the area, it will benefit our pocketbooks too! J. Wade REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 J. GOLOMBEK -E. MARTINA -WEST SIDE AIR QUALITY AND TOXINS Dear Mr. Chwalinski: I ask that you please file the attached email concerning "Westside Air Quality and Toxins for discussion at the September 18, 2012 Common Council meeting. Sincerely, Joseph Golombek, Jr. City of Buffalo North District Councilmember Why does the PBA continue to ignore Dr. Mukasa's peer reviewed research? We don't need additional testing done on the West Side. We already have all of the data we need. What is being measured now is NOT ultra fine particulate matter. They are measuring boulders instead of the tiny seeds that penetrate our lungs and into our blood stream poisoning us with every breath we take. I was recently diagnosed with asthma. I am presently suffering from bronchial infection; This is my third infection in 18 months. For the last several nights I haven't slept at all. My health and my family's health are compromised by the diesel emissions surrounding my house and neighborhood. The traffic hasn't changed, but to increase. The bridge is still here. The winds haven't changed. The river and the lake are still the same. So why is the PBA having any testing completed? Dr. Mukasa and his associates' research is completely valid today. What we need is a full environmental review NOW. The public has the right to know how we are being poisoned right this very minute! How many more people will get sick or sicker before you put an end to the PBA's trucks poisoning us? http://www.buffalonews. com /apps /pbcs.dll /article? AID= %2F20120912 %2FCITYANDREGI0 N %2F120919617 Liz Martina Resident and tax payer 774 Columbus pkwy. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 M. JAEGER -TOWN OF AMHERST -TOLL BARRIER RESOLUTION Re: Toll Barrier Resolution #2012 -728 Dear City of Buffalo: Enclosed please find Amherst Town Board Resolution #2012- 726which was unanimously approved on August 20, 2012, whereby the Town Board is requesting for your support. Sincerely, Marjory Jaeger Amherst Town Clerk Toll Barrier Resolution WHEREAS, the Town of Amherst is the fourth largest community in Upstate New York; and WHEREAS, thousands of our residents are adversely affected by the location of a toll barrier know as the Williamsville Toll Barrier on a daily basis; and WHEREAS, the New York State Thruway Authority after thorough input, study, and approval by all stakeholders, approved and planned for the removal and relocation of the Williamsville Toll Barrier in 1996 -1997, and this plan included the demolition of the toll facility at exit 49; and WHEREAS, by 2006 the New York State Thruway Authority gave the stalled project a title of "Williamsville Toll Barrier Improvement Project" after ten's of thousands of people had spent a decade waiting, and it now offers an option called "No Build Alternative "; and WHEREAS, New York State Thruway Authority has posted the following "The Authority's goals for this project may be best summed up in the following mission statement: To respond to both our customer and public needs for a satisfactory toll barrier facility northeast of the Buffalo Metropolitan area, which provides suitable customer service, maintains public and worker safety, cost effectively incorporates innovative technology and minimizes the effects on natural and human resources. "; and WHEREAS, the New York State Thruway Authority's public content states "Ongoing Work Fall 2006 through Winter 2009/2010 - All public and agency comments, written and oral, continue to be evaluated and addressed. Where appropriate, they will be incorporated into the Final Environmental Impact Statement (FEIS). The FEIS, with a statement detailing the Authority's "preferred alternative ", will then be presented to the FHWA for their review and comment; and a "Notice of Preferred Alternative ", will be issued by the Authority to the public. Completing the Environmental Process Summer 2010 - The FHWA adopted FEIS will be available for public review for a minimum of 30 days. After the 30 -day period of availability, a "National Environmental Policy ACt (NEPA) Record of Decision" /New York State Environmental Quality Review Act (SEQRA) Findings Statement will be issued. After which the Authority can publicly issue a "Notice of Availability of Record of Decision" completing the NEPA /SEQRA environmental process. It is important to note that while the Authority does have $768,000 in Federal funds earmarked in the current Capital Program so that the Project's Environmental Impact Statement (EIS) can be completed, the Williamsville Toll Barrier Improvement Project is no longer programmed within the Authority's current Capital Program. "; and WHEREAS, the New York State Thruway has not updated it's public content regarding the project in 2 -6 years; THEREFORE BE IT RESOLVED, that the Amherst Town Board invites the New York State Thruway Authority Chairman Howard P. Milstein to hold one of his upcoming Board meetings at the "Buffalo Location" of the New York State Thruway Authority and around that time to meet with the various impacted community's elected officials; BE IT FURTHER RESOLVED, that the Amherst Town Board requests of the New York State Thruway Authority the following: • a spokesperson as well as subject matter expert(s) on the history, current state, and future projection of the related projects to enter into a public presentation that is facilitated within the Town of Amherst and shall be coordinated with the Councilmembers office; BE IT FURTHER RESOLVED, that this resolution serve as both of those requests and that the Town Clerk mail this resolution to the Board Members of the New York State Thruway Authority, the Authority's district engineer and local and statewide spokespersons office, with the expectation that a response regarding a presentation is received shortly and that a forum with the spokesperson can be scheduled and promoted within the next 30 days. BE IT FURTHER RESOLVED, upon adoption of the above resolution the Town Clerk is hereby directed to forward said resolution to the following municipalities with cover letter indicating the Town of Amherst is requesting their support for said resolution: • Town of Akron • City of Buffalo • Town of Cheektowaga • Town of Clarence • Town of Lancaster • Village of Lancaster • Town of Newstead • Town of Tonawanda • Village of Williamsville Fiscal Impact: None Result: Adopted (Unanimous) Mover: Richard "Jay" Anderson, Councilmember Seconder: Barry A. Weinstein, Supervisor Ayes: Wesinstein, Marlette, Manna, Anderson, Nuchereno, Sanders RECEIVED AND FILED NO. 46 K. MECCA -NHL LOCKS OUT PLAYERS AS LOBOR AGMT EXPIRES -NO MORE CONGESTION AT PEACE BRIDGE NHL Locks Out Players as Labor Agreement Expires: Omen for no more Congestion at the Peace Bridge? Dear Congressman Higgins: In case you haven't heard, the NHL has looked out the 2012 hockey season until further notice. No one can guess when the labor dispute will be settled. But out Of disappointment comes good news for residents of Buffalo's West Side; we won't be needing a bigger inspections plaza or second Peace Bridge to accommodate sports fans from Southern Ontario. Doesn't look like 'congestion' is going to be a huge problem if there isn't any hockey season (the Bill's football season isn't looking much brighter). You almost had the public convinced we would lose the Sabres and the Bills without building that $750 million dollar plaza and bridge project. Not to worry. That money can be better spent by investing it in the poorest community in your district where 67% of children live in poverty. Might be a whole lot cheaper than bulldozing historic neighborhoods and making the air more toxic contributing to even higher numbers of respiratory disease and cancer. At last count, over 20,000 west side residents suffer from asthma linked to diesel exhaust from trucks crossing at the Peace Bridge. Treatment alone is costing taxpayers $110 million a year. How is it even possible to believe that 4;000 trucks crossing each day into a densely populated community doesn't make people sick. That premise is either deliberately misleading, breathtakingly incompetent or a medical miracle. I stake my claim on the former. I hope you don't lose sleep over this. The Peace Bridge Authority will do just fine without your political support. After all, the $36 million they generate in tax exempt revenue doesn't pay one penny of our children's asthma treatment or our lost time from work when we have to stay home to take care of our sick kids. I've lived in Buffalo for 47 years. If the Peace Bridge complex were the economic silver bullet you claim, we wouldn't be the third poorest city in the nation. Likewise, if I were in public office I would leave forecasting up to the psychics -and stake my political career on putting people first. Call me old fashion but I think it's a good strategy. Sincerely, Kathy Mecca 763 Columbus Parkway Buffalo. NY 14213 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 J. MCDONALD- REVIEW OF AIR QUALITY AND ASTHMA ISSUES AT PEACE BRIDGE PLAZA Dear Mr. Rienas: At the direction of Governor Cuomo, the New York State Department of Transportation, in collaboration with the Departments of Environmental Conservation and Health, prepared both a summary of key findings and a white paper entitled Review of Air Quality and Asthma Issues at the Buffalo Peace Bridge Plaza. The white paper also includes a foreword written by Sarah Siwek on behalf of the Greater Buffalo Niagara Regional Transportation Council This whitepaper is a collection of unbiased, factual information regarding the air emissions, public health and air quality monitoring studies surrounding the Buffalo Peace Bridge Plaza. I am transmitting the key findings and white paper to you for your use as appropriate, to address the public's concerns with the air quality issues. If you have any questions, please call me at 518 - 457 -4422. Sincerely, Joan McDonald Commissioner Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 D. PRIDGEN -T. PRITCHARD REQUEST INVESTIGATION OF SEWER LINES NORTHEAST CORNER OF DELAWARE AND BRYANT I would like to file the attached information for the next Common Council meeting to be held on September 18, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member Dear Council Member Pridgen, On Sunday, August 5, 2012 the sewer lines at the northeast corner of Delaware Avenue and Bryant Street backed up into our building causing the laundry room drains to back up as well us flooding our six elevator pits. I have contacted your office on numerous occasions since this same situation occurred in August, 2011. Please see attached letter. No action has been taken. Once again I ask that you investigate the correlation between the condition of the corner drain, sidewalk and pavement and the recent flooding to determine what the City can do to prevent this from occurring again and again.. Thank you for the attention we are confident you will give to this matter. Sincerely, Thomas G. Pritchard Resident Manager REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 D. RUST -INFO SAY YES Dear Mr. Chwalinski: I'm writing to kindly request to secure a spot on the agenda for the upcoming Common Council meeting on September 25. 1 would like to request a very brief (roughly 10 minutes) opportunity to address all nine councilmembers on the following: • Provide a very brief background on Say Yes Buffalo; • Explain the progress we've made to date and where things currently stand; and Inform the councilmembers that we'll be looking to schedule a meeting in each district sometime in the next two months with parents, block clubs, CBOs, etc. to continue building awareness about Say Yes in the community. We wanted to make the councilmembers aware of this beforehand to ensure their support for these important meetings. I greatly appreciate and look forward to the opportunity to address the council. If there are any questions or concerns, please feel free to reach out to Brian Gould or Dan Giacomini at e3communications. They can be reached by email ( b .gould(a d. giacomini @,e3communications.com) or phone (854- 8182). Sincerely, David P. Rust Executive Director, Say Yes Buffalo REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 50 D. SMITH - CHARTER SCHOOLS RESTART PROJECT DEAR Mr. Chwalinski: Please file the attached notice of information from Steven Polowitz regarding the Charter Schools Restart Project for the next Common Council meeting scheduled for Tuesday, September 18, 2012. Thank you for your attention to this matter. Very truly yours, Demone A. Smith Majority Leader Masten District Council Member Charter Schools Restart Project: A community driven educational initiative to turnaround our failing schools. In Buffalo, our city and our school system are in crisis. There are 30,000 students in 57 schools in the City of Buffalo. Only 13 of the 57 schools are designated as schools in "good standing" by the State Education Department. That means 44 schools are in failing status. Of the 13 that are in "good standing," only 7 are schools that do not require entrance criteria. Seven schools in failing status have no improvement plan in place, and have been without an improvement plan for one year or longer. These schools include Buffalo Elementary School of Technology (School 6), Bilingual Center (School 33), Dr. Charles Drew Science Magnet, Waterfront, Lafayette HS, and East HS. There is an urgency to fix this problem. Half of our students don't graduate from high school. Every year, hundreds drop out before they even reach the 10 grade. Our children are not receiving the high quality education they deserve, and the School District lacks the capacity to provide alternatives to our failing schools' students. Under the federal guidelines, one of the models that exists for turning around a school and putting it on a path for success is to restart the school as a charter school under a not - for - profit charter management organization. Restart schools as charter schools. Chameleon Community Schools Project, Inc., a local 501 c3 not - for - profit charter management organization, working together with a committed group of citizens that includes seasoned charter school founders, community leaders, educators, and parents who believe in the power of education and the urgent need for positive change, is proposing to restart, under NY State Education Department guidelines, two of the failing schools - East High School and Waterfront Elementary School - as charter schools beginning in the 2013 -14 school year. This structure would provide 1,500 at -risk students with a high quality public education. Why charter schools? Restructuring schools as charter schools gives them the autonomy and flexibility necessary to meet the unique needs of students, creates a more engaging learning environment, and provides the platform necessary to give these schools and their students the best possible chance for turnaround success. All students currently enrolled at East and Waterfront will have admission preference at the restarted schools. Our community support. The project has the support of a diverse and passionate group of parents, educators, education and child advocates, business and community leaders. The project has outlined proposed partnerships with renowned and respected local and national organizations in order to enrich the educational experiences of the students served. The group has reached out to the Buffalo Board of Education with the intention and expectation of working collaboratively and cooperatively with the District to do what is in the best interest of children. We will continue to reach out to the community for their input and support. For more information, please contact: Steven Polowitz: spolowitz @gpsattvs.com /716 - 852 -0600 or visit www.EastWaterfi'ont.blog.com REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 51 D. STEBBINS- BUFFALO BUILDING PROJECT Dear Council President Fontana: Please accept this communication as a formal submission of the Buffalo Building Reuse Project Report to the City of Buffalo Common Council. This report was prepared at the request of City of Buffalo Mayor Byron W. Brown to address issues of increasing vacancy rates in downtown Buffalo and to develop strategies to better leverage the significant planned and existing investments being made within Buffalo's central core. The recommendations and strategies contained therein were made after over a year of research and discussions involving a broad spectrum of downtown stakeholders and public agencies. All of the participants shared a fundamental belief that a thriving downtown core is critical to not only the success of the City, but to the economic health and growth of the overall Buffalo Niagara region. As a BUDC Board member, I am sure you are aware of the important role BUDC is playing in the implementation of the BBRP recommendations. We would appreciate the opportunity to present this report to all of the members of the Common Council, to answer any questions they may have regarding it and to discuss ways for us to work in partnership to implement the report's recommendations. Respectfully, DAVID A. STEBBINS, AICP Vice President Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON CONMUNITY DEVELOPMENT PETITIONS NO. 52 M. LANE, OWNER, USE 3260 BAILEY AVENUE -AUTO SALES AND REPAIR GARAGE (UNIV)(HRG 9/25) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 53 C. AUERBACH, AGENT, REZONE 392 KENMORE AVE (UNIV)(HRG 10/2) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 54 PETITION IN SUPPORT OF LUCKY'S FOODSTORE 729 SYCAMORE Copy available for review in the City Clerk's Office RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 55 APPOINT POLICE OFFICERS(PERM) (ABDUL- WAHED,ALLMAN, ANGUISH, BAKER, BOICE, LOSI, MCDERMOTT, FITCHLEE, MERCURIO, MISSANA, WIDGORSKI, ACQUINO, RIVERS, OHNSTEAD, 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.(POL) (CCP# 55, 9/04) Mrs. Russell moved That Communication 55 of September 4, 2012, be received and Filed and that the Permanent Appointments of Ibrahim 1 -1. 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, Auniel J. Vidal, 91 Page Street, Buffalo, NY 14207, Jun P. Weber, 318 West Utica Avenue, Buffalo, NY 14222 Aria L. Mojica, 250 Hewitt Avenue, Buffalo, NY 14215, Jako J. Mundal, 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. Hoffstettar, 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 111, 241 O'Counel1 Avenue, Buffalo, NY 14210, Frank J. Gatti, 338 Fillmore Avenue, Buffalo, NY 14206, James M. Hall Jr, 462 Bird Avenue, Buffalo, NY 14213 And James J. Hamilton Jr., 165 Floss Avenue, Buffalo, NY 14215 to the Permanent Position of Police Officer at the Starting Salary of $48,896.00 is hereby Approved PASSED AYES -9 NOES -0 NO. 56 APPOINT BUILDING INSPECTOR(WHITE)(PERM)(5TH STEP)(EDPI) CCP# 72, 9/4 Mrs. Russell moved That Communication 72 of September 4, 2012, be received and Filed, and that the permanent appointment of Angela White, 262 Dewey Avenue, Buffalo, NY 14214 at the 5ta step salary of $55,508.00 is hereby approved PASSED AYES -9 NOES -0 NO. 57 APPOINT CHIEF BUILDING INSPECTOR(KLEMANN)(PERM)(5 STEP)(EDPI) COP# 73, 9/4 Mrs. Russell moved That Communication 73 of September 4, 2012, be received and Filed and that the permanent appointment of Peter Klemann. 154 Woodward Avenue, Buffalo, NY 14214 at the 5th step salary of $ 61,425.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 58 APPOINT CHIEF ELECTRICAL INSPECTOR(MOORE)(PROV)(3RD STEP)(EDPI) CCP# 74, 9/4 Mrs. Russell moved That Communication 74 of September 4, 2012, be received and Filed, and that the provisional appointment of Charles Moore, 634 McKinley Ave, Buffalo, NY 14220 at the Third step salary of $57,440.00 is hereby approved PASSED AYES - 9 NOES - 0 NO. 69 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #55, 09/04 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 60 TISHMAN BUILDING REDEVELOPMENT PROJECT -ABANDONMENT FOR NON - EXCLUSIVE EASEMENT PURPOSES OF A PORTION OF STREET RIGHT OF WAY AND PEDESTRIAN /SIDEWALK AREAS OF THE NORTHEAST COMER OF MAIN STREET AND LAFAYETTE SQUARE Mr. Pridgen moved: That the above item be, and the above communication from the Office of Strategic Planning, dated August 29, 2012, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, has received a request from Hamister Hospitality Wake, LLC, requesting a Conditional Roadway and Porte Coehere Easement Agreement, Revocable Sidewalk Cafe License Agreement, and Access Agreement for certain portions of City Right of Way to facilitate the redevelopment of the Tishman Building at the northeast comer of Main Street and Lafayette Square; and That since this transaction involves granting rights in public space /right of way to private interests, it was deemed advisable and to be in accordance with the City Charter to follow the abandonment and closing of a street or right of way procedures and this matter was therefore referred to the City of Buffalo Planning Board for their review and recommendation; and That the Common Council set a date for a public hearing and directed the publication of a five (5) day notice of said hearing to be marked "Notice of Hearing" and said hearing was conducted at 2:00 p.m. in the Council Chambers on September 18, 2012; and That the Common Council hereby approves the Conditional Roadway and Porte Cochere Easement Agreement, Revocable Sidewalk Cafe License Agreement and Access Agreement (the "Agreement "), as set forth in the attachment of September 18, 2012 to Item 6 from Community Development, and Authorizes the Mayor to execute the Conditional Roadway and Porte Cochere Easement Agreement, Revocable Sidewalk Cafe License Agreement and Access 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 Authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Agreement with Hamister Hospitality Wake, LLC (or an entity to be designated by the Hamister Group), in consideration of payment in the amount of $167,000.00 for the Conditional Roadway and Porte Cochere Easement (said easement area being described in Exhibit C to the Agreement) and $5.00 per square foot annually in advance for the area of the Sidewalk Cafe on Main Street for the Revocable License Agreement. ATTACHMENT PASSED AYES 9, NOES 0 NO. 61 LIBERTY AFFORDABLE HOUSING, INC., MARINER TOWERS ASSOC., MARINER HOUSING PILOT 186 EFNER (ELL)(STRAT PLAN) (ITEM NO. 17, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Golombek moved: That the Office of Strategic Planning be authorized 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. The projected total rehabilitation cost will be up to approximately $40,003,273.00 PILOT payments are in the amount of 3% of the total income assuming five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 32 -year PILOT. PASSED AYES 9, NOES 0 NO. 62 REPORT OF SALE - 463 EAST UTICA (ELL) (STRAT PLAN) (ITEM NO. 19, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Golombek moved: That the offer from Ms. Prisciila Lee Geter, 463 East Utica Street, Buffalo, New York, in the amount of Fifteen Thousand Dollars ($15,000.00) for the purchase of 463 East 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 Pianning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 63 EASEMENT AGREEMENT - USE OF PORTION OF 332 ELLICOTT (ELL)(STRAT PLAN) (ITEM NO. 22, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Golombek moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an easement agreement between the City and Rocco Termini, on behalf of 338 Ellicott Street, LLC, for use of approximately 3.86' of city -owned property located at 332 Ellicott for emergency egress for their patrons. That the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 NO. 64 M. LOCURTO- REQUEST RESPONSE FROM LAW DEPT RE AGMT BTWN COB & SENECA GAMING (C.C.P. #92, SEPT 4) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 65 C. TARR- CONCERNS REG TOPS MARKETS 345 AMHERST ST(NORTH) (C.C.P. #96, SEPT 4) Mr. Golombek moved: That the above item is hereby referred to the Committee on Legislation ADOPTED NO. 66 D. PRIDGEN -LHI SEEKS TO BE A RESOURCE TO PROVIDE KNOWLEDGE, EXPERIENCE AND NETWORKING TO ACCOMPLISH EXCELLENT OUTCOMES (C.C.P. #67, JULY 24) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 67 Y. AMIN, OWNER, USE 1146 HERTEL AVENUE TO CONVERT PORTION OF BUILDING TO BAKERY /TAKE -OUT RESTAURANT (DEI)(ITEM NO. 116, C.C.P., SEPT. 4, 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 -55 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to Y. Amin, Owner, doing business at 1146 Hertel Avenue, to convert a portion of a three (3) tenant, one (1) story strip mall from retail space to a bakery/take -out restaurant in the Hertel Avenue Special Zoning District. PASSED AYES 9, NOES 0 NO. 68 D. SIMPSON, OWNER, USE 802 ELMWOOD FOR A RESTAURANT (DEL)(EDPIS) (ITEM NO. 117, C.C.P., SEPT. 4, 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 -55 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to D. Simpson, Owner, doing business at 802 Elmwood, to alter the use of a retail space to a restaurant in the Elwood Business District. PASSED AYES 9, NOE 0 NO. 69 L. RUNOR, OWNER, USE 488 FRANKLIN A/K /A 62 ALLEN TO RE- ESTABLISH SIT -IN RESTAURANT AND FRONT PATIO (FILL) (EDPIS) (ITEM NO. 118, C.C.P., SEPT. 4, 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- 55H(1) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to L. Runor, Owner, doing business at 488 Franklin a /k/a 62 Allen, to reestablish discontinued restricted use of a sit -in restaurant and front patio in the Allen Street Special District. PASSED AYES 9, NOES 0 NO. 70 R. BENDER, OWNER, USE 1374 SENECA STREET - FREESTANDING SIGN (LOV)(EDPIS) (ITEM NO. 120, C.C.P., SEPT. 4, 2012) That the petition of R. Bender, Owner, for permission to use 1374 Seneca Street to erect and install full signage and awnings to a new one (1) story masonry sit -in restaurant hereby is approved. PASSED AYES 9, NOES 0 NO. 71 FLEA MARKET - NEW - 625 WEST FERRY (NIA) (EDPI) (ITEM NO. 59, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That pursuant to Chapter 254 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspection Services be, and hereby is authorized to issue a Flea Market license to Newell Nussbaumer d /b /a The Peddler Buffalo a /k/a The Peddler, doing business at 625 West Ferry. PASSED AYES 9, NOES 0 NO. 72 FOOD STORE LICENSE (NEW) - 2594 BAILEY (UNIV)(EDPI) (ITEM NO. 60, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: 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 Fairoz Abdulah d /b /a Dheyab Market located at 2594 Bailey Avenue. PASSED AYES 9, NOES 0 NO. 73 RESTAURANT DANCE LICENSE (RENEWAL) - 2897 BAILEY (UNIV)(EDPI) (ITEM NO. 65, C.C.P., SEPT. 4, 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 the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Hycinth Patterson d /b /a Caribbean Experience located at 2897 Bailey Avenue. PASSED AYES 9, NOES 0 NO. 74 RESTAURANT DANCE LICENSE (RENEWAL) - 681 MAIN (ELL)(EDPI) (ITEM NO. 67, C.C.P., SEPT. 4, 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 the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Arthur Kwitchoff d /b /a Town Ballroom located at 681 Main, upon the following conditions: 1. Notification to City Hall through available form (expected to be available June 1, 2011), when having a special event outside of the normal food service operation. Special events would include, but not be limited to, parties where large than normal crowds are expected, night dances, events that require security or heightened vigilance, concerts, etc.; and 2. Immediate notification to the Police Department when ejecting a patron from the establishment for unruly behavior. PASSED W /COND AYES 9, NOES 0 NO. 75 SIDEWALK CAFE -256 ALLEN ST(FILL)(EDPI) (C.C.P. #68, SEPT 4) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere License" to Kyle Daving, applicant, d /b /a/ The Bend on Allen, located at 256 Allen Street, to install a 28'X 4 (112 square feet) sidewalk cafe. PASSED AYES 9, NOES 0 NO. 76 USED CAR DEALER - 283 BROADWAY (ELL)(EDPI) (ITEM NO. 69, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: 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 Brandon Patterson d /b /a FIYY Life Auto, located at 283 Broadway, upon the following conditions: 1. Cars must be clean, external and internal; 2. During snow months, snow must be removed from the cars daily and area where cars are displayed be free from snow; 3. No flag streamers; 4. Professional permanent signage on the building, not handwritten signage in public view; 5. Lot must be lit during hours of darkness when lot is open for business; 6. All cars in the lot must be in working order and able to pass New York State inspection requirements; and 7. No junk cars in the front lot or viewable the public. PASSED AYES 9, NOES 0 NO. 77 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 (C.C.P. #71, SEPT 4) That the above item be and hereby is referred to the Common Council with a motion for Approval: Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 78 APPLICATION FOR RESTRICTED USE PERMIT - 334 DELAWARE (ELL) (CITY CLK) (ITEM NO. 82, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Common Council hereby authorizes the Department of Permit and Inspection Services to issue a restricted use permit to YS Bad, Inc., located at 334 Delaware Avenue, Buffalo, New York for a dance marathon to benefit the Alzheimer's Associations of Western New York. PASSED AYES 9, NOES 0 NO. 79 A. TERRAGNOLI, AGENT, USE 765 ELMWOOD, CHANGE OF USE - PORTION OF BUILDING TO A SIT -IN RESTAURANT (DEL)(ITEM NO. 130, C.C.P., SEPT. 4, 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 -55 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 765 Elmwood Avenue, to make alterations and renovations to a store to change use in a 1 story masonry mixed -use building to a sit -in restaurant in the Elmwood Avenue Business District. PASSED AYES 9, NOES 0 NO. 80 J. WASHINGTON- PROTECTION OF THE PUBLIC AGAINST UNMANNED AERIAL VEHICLES(DRONE) (C.C.P. #71, JULY 24) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 81 D. PRIDGEN -THE PENALTY FOR OVERPAYMENT OF RENTAL REGISTRATION (C.C.P. #38, JUNE 12) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 LL DRAFT- AMENDING THE CHARTER REGARDING ANNUAL FOUR YEAR PLAN AND FUND BALANCE POLICIES (FONTANA) (C.C.P #96, 5/29) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 83 LIST OF APPROVED CHICKEN LICENSES (C.C.P. #45 MAY 1) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 RESTRUCTURING TO 8 COUNCIL DISTRICTS AND ELECTED COUNCIL PRES (EXC RES) (C.C.P. #88, JUNE 28) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 85 FOOD STORE LICENSE (NEW) - 179 MILITARY (NORTH)(EDPI) (ITEM NO. 30, C.C.P., JUNE 26, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: 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 Moataman Salah Al Robaye d /b /a S & K Market located at 179 Military. PASSED AYES 9, NOES 0 SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 86 LP CIMINELLI -BOARD PACKET DOCUMENTS - AUGUST 2012 CCP #89, SEPT 4 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 87 S. NORRIS -ZERO TOLERANCE FOR BULLYING AT SCHOOLS CCP #94, SEPT 4 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 88 LP CIMINELLI -BOARD PACKET DOCUMENTS -JULY 2012 CCP #62, SEPT 4 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 J. GOLOMBEK- ARTICLE PROPOSAL TO MOVE LEONARDO DA VINCI HIGH SCHOOL CCP #33, JUNE 12 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 D. SMITH -J. KING - CONCERNS STUDENTS ATTENDANCE CCP #51, 05/29 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 CREATION OF CITIZENS' EDUCATION OVERSIGHT SUB - COMMITTEE (ITEM NO. 40, C.C.P., MAR. 6, 2012) Councilmember Smith moved that the above Resolution be approved and that a Sub Committee to be designated as the Citizens' Education Oversight Sub - Committee be created, said Committee to be governed by the Rules and Regulations contained in Item No. 40, C.C.P. March 6, 2012. PASSED AYES -9 NOES -0 NO. 92 EDUCATION COMMITTEE EMPOWERS A SUBCOMMITTEE - CITIZENS EDUCATION O /SIGHT COMMITTEE (ITEM NO. 106, C.C.P., JAN. 24, 2012) Councilmember Smith moved that the above Resolution be approved and that a Committee to be designated as the Citizens' Education Oversight Committee be created, said Committee to be authorized to review and analyze Buffalo's educational needs, relevant data, current policies and the practices, structure and funding mechanisms of the Buffalo Public Schools. PASSED AYES -9 NOES -0 NO. 93 C. RODRIGUEZ- CONCERNS RE ENGLISH LANGUAGE LEARNERS IN PUBLIC SCHOOLS CCP#42, 05/31 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 94 D. SMITH -LP CIMINELLI -M/WBE PROJECT INFORMATION CCP #59, 05/3 Mr. Smith moved That the above item be the same and hereby is Referred to the Minority Business and Enterprise Committee. ADOPTED NO. 95 D. SMITH - AMENDED STATE EDUCATION LAW CCP #60, 05/3 Mr. Smith moved That the above item be the same and hereby is and Filed ADOPTED NO. 96 S. RADFORD -BD OF ED RESIDENCY REQUIREMENT CCP #72, 04/19 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 97 D. SMITH - ARTICLE FIXING DYSFUNCTIONAL URBAN SCHOOLS CCP #75, 04/19 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 98 D. SMITH- ARTICLE SCHOOL BD ABADONING RESIDENCY RULE CCP #76, 04/19 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 99 BPS PARENT COORDINATING COUNCIL BFLO ED REFORM AGENDA CCP#41, 04/5 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 100 M. KEARNS- RESIDENTIAL CHARTER SCHOOL CCP #51, 04/5 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 101 S. RADFORD - DPCC -BFLO ED REFORM AGENDA CCP #52, 05/17 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 102 S. RADFORD -DPCC- REPORT ON NEIGHBORHOOD SCHOOLS CCP #60, 04/05 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 103 OPPOSING BFLO BD OF ED'S RESCINDING OF THE TEACHER RESIDENCY RULE(EXEC RES) CCP #165, 04/05 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 104 BFLO PUB SCH PARENT COUNCIL -COMP STUDENT ATTEND POLICY FOR GRADES(#43, 12/8) CCP #88, 02/22 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 105 M. JASKULA -A. MCGRATH- RESPONSE # 93, 01/25/11, CALI FOR ED SUMMIT CCP #28, 03/08 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 106 COORDINATED SCHOOL HEALTH CARE PROGRAM CCP #66, 03/22 Mr. Smith moved That the above item be the same and hereby is and Filed ADOPTED NO. 107 D. SMITH -RE: LAYMAN'S PERSPECTIVE RAISING GRADUATION RATES IN SCHOOL SYS CCP #68, 03/22 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 108 D. SMITH - ARTICLE ON COB SCHOOLS CCP #38, 02/08 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 109 C. PALADINO- CONCERNS BUFFALO BOARD OF EDUCATION AND BUFFALO PUBLIC SCHOOLS CCP#46, 01/25 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 110 D. SMITH -THE SCHOTT 50 STATE REPORT ON PUBLIC ED AND BLACK MALES CCP #38, 12/28 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 111 D. SMITH -P. RUMORE- RESOLUTION CHALLENGING THE FED GOVT'S APPROACH TO FAILING BUFFALO SCHOOLS CCP#40, 11/16 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 112 CHALLENGING THE FED GOV APPROVAL TO FAILING BFLO SCHOOLS(EXC RES) CCP #85, 10/19 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 113 D. SMITH -BFLO SCHOOL PARENTS RECOMMEND CHANGES FOR SUSPENSION POLICY( #60, 6/22) CCP #77, 07/06 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 114 M. KEARNS- REQUEST EXPANDING DISCOVERY SCHOOL# 67 CCP#47, 12/08 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO 115 RESPONSE CCP# 104, 05/11/10 -MOVE SCHOOL BD ELECTIONS TO NOVEMBER (BD OF ED) CCP #51, 05/25 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 116 D. SMITH -SOUND BASIC EDUCATION COVENANT CCP #56, 10/13 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 117 BY MR. FONTANA LOCAL LAW NO. (2012) INTRODUCTORY NO. 1 (2012) AMENDING ARTICLE 20 OF THE CHARTER WITH RESPECT TO FOUR YEAR FINANCIAL PLANS A LOCAL LAW amending Article 20 of the Charter of the City of Buffalo with respect to four -year financial plans BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. Section 20 -3 of the charter of the city of Buffalo is hereby amended as follows: § 20- 3.Mayor's Budget. A.. On or before the first day of May each year, the mayor shall submit to the council a budget containing a complete plan of proposed expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary: (a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately stating the estimates of expenditures necessary for school purposes and for all other purposes and stating in total the amount necessary to accomplish every separate function of each administrative unit or other purpose; (b) Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also under the revenue proposals, if any, contained in the budget, and shall allocate separately the estimates of receipts to be credited for school purposes and for all other purposes; (c) The expenditures and receipts of the city during the last completed fiscal year; (d) Estimates of the expenditures and receipts of the city during the current fiscal year; (e) The balanced statements of the condition of the treasury at the end of the last completed fiscal year and the estimated condition of the treasury at the end of the current fiscal year; (f) All essential facts regarding the bonded and other indebtedness of the city; (g) Such other financial statements and data as in the mayor's judgment are necessary or desirable in order to make known in all practicable detail the financial condition of the city; (g) Any recommendations of the mayor to the council with respect to new sources of revenues; (h) For each separate function of each administrative unit or other purpose; i. an outline of the administrative organization for the performance of the function; ii. a summary of the expenditures, estimated fringe benefits and other unallocated indirect costs, and net cost or gain to the city of such function during the last two completed fiscal years, as estimated for the current fiscal year, and as budgeted for the ensuing fiscal year; iii. a summary explanation of any major changes in revenues or expenditures and any non - recurring revenue or expenditure; iv. a summary of the objectives of such function during the ensuing fiscal year, the services to be provided to the residents or government of the city, and to the extent reasonably practicable the number of units and the unit cost of each such service. (h) A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year. B. Four -Year Financial Plan. In support of the mayor's budget and to assist the common council in its review as provided pursuant to this article, commencing with the cites 2013 -2014 fiscal year and continuing in each subsequent fiscal year, the director of the budget shall prepare and submit to the mayor and to the common council a four -year financial plan. The financial plan shall contain actions sufficient to ensure with respect to the major operating funds for each fiscal , /ear of the plan that annual aggregate operating expenses for such fiscal gear shall not exceed annual aggregate operating revenues for such fiscal year. The details of such plan shall be as further described in section 20 -32 of this article. §2 Section 20 -7 of the charter of the city of Buffalo is hereby amended as follows: 20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget and the four -year financial plan the mayor submits to the council. The comptroller shall opine on the sufficiency of the financial plan and whether it contains sufficient data to support the outcomes projected. §3. Section 20 -17 of the charter of the city of Buffalo is hereby amended as follows: § 20 -17. Budget Monitoring. The director of the budget shall submit to the mayor and the council within 45 days of the close of the first, second and third fiscal quarters of the city's fiscal year a report: (a) summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget; (b) projecting, based on generally accepted accounting principles any material revenue and expenditure trends or other factors that the director reasonably believes may influence the city's finances, probable fiscal year -end results as compared to the budget; [and] (c) projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems appropriate to consider; and (d) updating quarterly cash flow projections of receipts and disbursements which compare actual receipts and disbursements with the estimates contained in the cash flow projections, together with variances and their explanation. Prior to submitting the report to the mayor and the council, the director shall submit a draft report to the comptroller for review and comment. If in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a statement describing such issue. All quarterly reports shall be accompanied by recommendations from the mayor to the council setting forth any remedial action necessary to resolve any unfavorable budget variances including the overestimation of revenues and the underestimation of appropriations. §4. Article 20 of the charter of the city of Buffalo is hereby amended by adding a new section 20 -32 thereto to read as follows: §20 -32. Budget and Financial Plan. A. Pursuant to the procedures contained in this section, each year the director of the budget shall develop, and from time to time modify, a four -year financial plan for all maw operating funds of the city wherein the first year of the financial plan will be the proposed budget as submitted on or before the first day of May each year. Each such financial plan and financial plan modification shall comply with the requirements of subdivision 2 of this section and shall conform to the following standards: (1) For each fiscal year, the city's budgets for all major operating funds coveting all expenditures shall be prepared and balanced so that the results thereof would not show a deficit when reported in accordance with generally accepted accounting principles and would permit comparison of the budget with the report of actual financial results prepared in accordance with generally accepted accounting principles. For this purpose, unassigned fund balance existing at the end of the prior fiscal year can be used as a resource and shall not be considered a deficit under generally accepted accounting principles when calculating the deficit. Fund balance in excess of the unassigned amount from the most recently completed audited financials may not be used as a resource in the four -year plan; (2) The financial plan shall include: (a) information related to projected employment levels, collective bargaining agreements and other actions related to employee costs, and such other actions to ensure that there are provisions made for such obligations in the plan; (b) information related to recurring expenditures and contracted obligations for utilities, services and supplies; (c) information related all revenue estimates and an explanation of any significant deviations from prior year actual results (for this purpose, a significant deviation is defined as an amount exceeding one percent (1 %) of total revenues of the general fund as reported in the most recently completed audited financials): (d) adequate reserves to maintain essential services in the event revenues have been overestimated or expenditures underestimated for any period: and (e) adequate cash resources to meet its obligations; (3) The plan should include one year of cash flow projections of receipts and disbursements; (4) Provision shall be made for the payment in full of the scheduled debt service on all bonds and notes of the city due in the applicable fiscal years of the four -year plan; (5) All projections of revenues and expenditures contained in the financial plan shall be based on reasonable and appropriate assumptions and methods of estimation. All cash flow projections shall be based upon reasonable and appropriate assumptions as to sources and uses of cash (including but not limited to the timing thereof} and shall provide for operations of the city to be conducted within the cash resources so projected; (6). The amount of cash on hand at the beginning of any fiscal year shall be estimated in accordance with paragraph six of this subdivision, but in no event shall it be less than two times the average monthly cash disbursements of the last completed fiscal year; (7) In the event that the operations during the preceding fiscal year have created a negative unassigned fund balance, the first fiscal year included in any financial plan shall make prevision for the repayment of any deficit incurred by the city during the preceding fiscal year; If such deficit is in excess of two percent (2 %) of the prior year real tax law, a replenishment plan covering the four years of the plan may be implemented if agreed upon by the mayor, comptroller and president of the common council; B. The powers, duties, and obligations set forth in this section shall be subject to the powers, duties, and obligations placed upon the City by any state or local officer or agency, including but not limited to the Buffalo fiscal stability authority act, while such act remains in effect. §5. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. §6. This local law shall take effect immediately. APPROVED AS TO FORM BY: ALAN P. GERSTMAN Assistant Corporation Counsel NOTE: Matter underlined is new, matter in [brackets] is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 118 BY: COUNCIL PRESIDENT RICHARD A. FONTANA WAIVING CONSTRUCTION FEES & CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY BUFFALO FOR 2012 -2013 Whereas Habitat for Humanity has an excellent reputation as a not - for - profit organization; and Whereas Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo. all while strengthening our City; and Whereas During 2012 thus far Habitat for Humanity has completed projects at 228 Laurel, 54,89,95 Fox, 83 Zittel, 46 E. Oakwood, 406 Hewitt. 39 Garner and 457 Stockbridge. Currently in progress projects include 36 Sherwood. 136 Davidson, 351 Vermont, 261 Loring, 515 Winspear, 38, 45 Guilford, 103 Fox, 20 Grey and 341 Hampshire; and Whereas All fees waived by the City of Buffalo will translate directly into more construction dollars and will reduce building costs; and Whereas Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby request that the Department of Economic Development, Permits and Inspections waive all construction permit fees and contractor license fees for 2012 -2013 for Habitat for Humanity of Buffalo in order to promote our goal of increasing tome ownership in the City of Buffalo: and Be it Further Resolved, that the Commissioner of the Department of Economic Development, Permits and Inspections report back to the Buffalo Common Council on any and /all action taken to achieve the above goal of waiving construction and contractor license fees for Habitat for Humanity for 2012 -2013, within thirty days of passage of this resolution by the Common Council; and Be it Finally Resolved That: The City Clerk is directed to send copies of this Resolution to the Commissioner of Permits and Inspections James Comerford, Tim Ball, Corporation Council and Ronald Talboys, President, Habitat for Humanity, 995 Kensington, Buffalo, NY 14215 for their review. Council President Lovejoy District PASSED AYES -9 NOES -0 NO. 119 BY: MICHAEL J. LOCURTO RE: CONTRACT BETWEEN THE SENECA GAMING CORPORATION AND THE CITY OF BUFFALO Whereas, in 2006 the City of Buffalo made a contract with the Seneca Erie Gaming Corporation, Seneca Gaming Corporation, and Seneca Nation enabling the building of the Buffalo Creek Casino, and Whereas, the City provided land, water and sewer services, and other consideration, and in return the Corporation made a series of commitments regarding the casino's design and amenities, marketing to tourists, and hiring of local and minority residents, and Whereas, the Corporation promised to build "a casino and parking ramp substantially in accordance with the design that was publicly unveiled on or about June 1, 2006," and Whereas, the Corporation promised that the complex would resemble the drawings it provided, which showed extensive plantings of trees and vegetation, a pond, a creek and no surface parking lots, and Whereas, the Corporation recently unveiled a completely different design with minimal landscaping, no pond or creek, a much smaller parking ramp, and enormous surface parking lots, and Whereas, the Corporation promised a type of facility and coordinated marketing efforts that attract tourists from out of town and bring them to other Buffalo attractions beyond the casino, and Whereas, the Corporation promised to work with the Convention and Visitor's Bureau to "coordinate marketing of the City as a tourist destination in its own right" and to spend more than $1.7 million per year marketing the casino outside the region as a "package with other attractions in the City," but there is no evidence that any such marketing has taken place, and Whereas, the Corporation promised to provide the City with a certificate of compliance each year confirming its compliance with its marketing commitments and to have a marketing executive from the Corporation make an annual report on marketing to the City of Buffalo Common Council, but the Corporation has not provided those certificates or made those presentations in 2006, 2007, 2008, 2009, 2010, or 2011, and Whereas, the Corporation declared its intention was to employ 1,000 people at the complex, with a preference for hiring City residents, of whom 25% would be minorities, but the Corporation has only hires a fraction of that number, and Whereas, the Corporation promised to work with 12 listed agencies to increase jobs and opportunities for minorities and women, but there is no evidence that such work has taken place, and Whereas, the Corporation promised make annual reports to the City on its hiring, including the total number of people hired and the numbers of minorities and women hired, but the Corporation did not make annual reports on hiring in 2006, 2007, 2008, 2009, 2010, or 2011 and Whereas, the Corporation promised to make 11 infrastructure improvements costing between $5 million and $7 million, within six months of opening the casino, and Whereas, the Corporation has been running a highly profitable casino on the site since July 3, 2007 in a large, windowless, metal shed that is clearly not attracting tourists or providing large numbers of jobs (it is estimated, for example, that the casino yielded roughly $36 million in slots revenue in 2009 alone), and Whereas, because of its disputes with New York State, the Corporation has ceased making exclusivity payments of 25% of slots revenue to New York, so that the City of Buffalo is no longer receiving its share of exclusivity payments, and the Corporation does not pay sales or property taxes on its operations, and Whereas, the Corporation has been unjustly enriched with millions of dollars by operating a casino in violation of the terms of its contract with the City, and in detriment to the citizens of the City, and Whereas, it has become increasingly clear that a casino in downtown Buffalo that serves as a major tourist destination is not feasible, and that the Corporation does not intend to create such a casino, and Whereas, extensive national and local research has proven that casinos, particularly urban "convenience" casinos that do not draw large numbers of tourists, create more harms than benefits to their host communities by taking away jobs from other businesses and by exacerbating poverty, crime, and other social problems, and Whereas, there is no evidence of "spillover" benefit to surrounding businesses or residents from the casino in Buffalo, just as there is none from the casino in Niagara Falls - both of which are surrounded by blight, and Whereas, a federal judge has twice ruled that casino gambling at the Buffalo site is illegal, and the matter is currently being litigated for a third time, and Whereas, the Corporation has breached its contract with the City in numerous ways, including those listed above. Now, Therefore be it Resolved: That the Common Council requests that the City's Law Department initiate steps to rescind the contract, to reclaim the City land that was transferred, to cease providing water and sewer service to the site, and to be made whole for all the damages and costs that the City has sustained and for the unjust enrichment that the Corporation has obtained. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 120 SPONSOR: MICHAEL J. LOCURTO PERMISSION TO HANG BANNERS ON RUGBY ROAD. Whereas The Rugby Road Block Club has purchased decorative banners to be hung along Rugby Rd; and, Whereas The banners are indicative of the strong organizational presence in the neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas Insurance for the banners have been purchased, listing the City of Buffalo as additionally insured and as Certificate Holder; and, Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Rugby Road Block Club to hang decorative banners on Rugby Rd street poles: 2, #24, #44, #66, #84 on the West Side of Rugby Rd between Linden and Colvin and #11, #31, #53, # 73, #95 on the East side of Rugby Rd between Linden and Colvin, providing the banners meet the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. Be It Further Resolved: That a copy of this resolution be sent to the Department of Public Works, Streets and Sidewalks, including Senior Traffic Engineer Eric Schmarder and Senior Street Light Engineer, Michael Hoffert. ADOPTED AND REFERRED TO PUBLIC WORKS NO. 121 BY: MR. PRIDGEN DISCHARGE LEGISLATION COMMITTEE ITEM #46, C.C.P. JULY 24, 2012 "USED CAR DEALER - 77 SYCAMORE (ELL) (EDPI)" Whereas The above item is currently in the Legislation Committee; and Whereas It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #46, C.C.P. July 24, 2012 "Used Car Dealer - 77 Sycamore (Ell) (EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE REFERRED TO THE COMNITTEE ON LEGISLATION. 101WN` *a BY: MS. RUSSELL: BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE" 1005 - COMMON COUNCIL LEGISLATIVE #4 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1005 - Common Council Legislative #4, which currently reads: Assistant Legislative Aide II $31,197 Is hereby amended to read 1 Legislative Aide $36,242 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. [T IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES -9 NOES -0 NO. 123 BY MR. SMITH APPOINT ASSISTANT LEGISLATIVE AIDE Whereas Damon Palmer is an individual of good moral character and; Whereas Damon has demonstrated his hard work by taking active roles in his community and; Now, Therefore, Be It Resolved: Damon Palmer be appointed Assistant Legislative Aide to the City of Buffalo Clerk's Office. ADOPTED NO. 124 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 25, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, September 25, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, September 25, 2012 at 1:00 o'clock Committee on Legislation Tuesday, September 25, 2012 at 2:00 o'clock P.M. Special Committees Committee on Education Tuesday, September 25, 2012 at 3:30 o'clock PM (Public Disclaimer): All meeting 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. 125 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell the Council adjourned at 3:15 PM GERALD CHWALINSKI CITY CLERK