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Home My WebLink About12-1113NO. 21 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 13, 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 November 13, 2012 FINAL MAYOR MAYOR - EXECUTIVE 58- 54. K. Johnson, Owner, Use 3223 Main to Re- Establish A Restaurant 1. Cit Serv- Submission of Monthly Report October 2012 R &F 2- 1A Plan Bd- Negative Declaration - Redevelopment Tops Plaza -333 Amherst(North) ADOPT 3- 2. Strat Plan- Grassroots Gardens of Bflo Amend Lease to Delete 18 Properties APP 4- 3. Strat Plan -Lease Agmnt- Greater S. Bflo Chambers of Comm. Lease Portion Of Tosh Collins Comm Ctr(South) APP 5- 4. Strat Plan- Report of Sale -2191 Fillmore(Masten) APP 6- 5. Strat Plan- Report of Sale -14, 26, 34, 40 Holland(Ell) CD 7- 6. Strat Plan- Request to Amend LDA -Oak Michigan Corridor CD 8- 7. Strat Plan- Rescind Sale & Forfeit Deposit 55 Hirschbeck (Fill) APP 9- 8. Strat Plan- Rescind Sale & Forfeit Deposit 36 Jones St(Fill) APP 10- 9. Strat Plan - Utility Easement Agmnt Niagara Mohawk Use 100 Fourteenth St(Nia) APP COMPTROLLER 11- 9A 2013 Capital Budget and 2013 -2017 Capital Improvement Plan COW PUBLIC WORKS 12- 10. 2012 -2013 Snow Removal Standard Operating Procedure R &F 13- 11. Change in Contract Permanent Wtr Cut Restoration S. Park & Bertha APP 14- 12. Elmwood at Nottingham Sign With in City ROW CD 15- 13. Permission to Increase Consultant Contract J.W. Danforth Co. Rehab of Equip in LLPS at Filter Plant APP 16- 14. Permission to Increase Consultant Contract Nussbaumer & Clarke -Rehab of Equip in LLPS at Filter Plant APP 17- 15. Report of Bids A District, Broadway Garage, Police HQ Roof Asbestos Testing APP 18- 16. Report of Bids Broadway Garage New Restroom Addition APP 19- 16A Report of Bids - Construction of Pierce Field@ Mulroy Park APP 20- 17. Report of Bids Kleinhans Music Hall HVAC, Plmbg, Fire Protection Upgrades APP 21- 18. Report of Bids W. Side Comm Ctr Window Replacement, Bldg Renovations(Nia) APP 22- 19. Report of Emergency Bid Community Action Ctr 103 Wohlers(EII) APP 23- 20. Report of Emergency Bid Manhattan Park Concession Stand APP 24- 21. Report of Emergency Bid Manhattan Park Shelter House APP 25- 22. Seneca Bflo Creek Casino Permission to Enter in Agmnt for Improv to ROW CD 26- 23. Appoint Assistant Administrator(Perm)(2 Step)(Boyce) CS 27- 24. Appoint Associate Account Clerk(Perm)(Cunningham)(3 Step) CS 28- 25. Appoint Equipment 0perator(Prov)(Leonard)(Inter) CS POLICE 29- 26. Response - Application for Restricted Use Permit -75 W. Chippewa St. LEG CORPORATION COUNSEL 30- 27. Proposed 2012 -2013 Rotary Rink Operating Agmnt Btwn COB and Bflo Place APP PERMITS AND INSPECTIONS 31- 28. Restaurant Dance License(Renewal) 20 Allen aka 89 N. Pearl(Fill) APP 32- 29. Restaurant Dance License(New) 262 Delaware(Ell) CD 33- 30. Restaurant Dance License(New) 391 Ellicott(Ell) CD 34- 31. Appoint Assistant Director Housing & Property Inspect. (Perm)(Petrucci)(5 CS CITY CLERK 35- 32. Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(EII)(11 /16) APP 36- 33. Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(EII)(11 /21) APP 37- 34. Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(EII)(12 /31) LEG 38- 35. Liquor License Applications R &F 39- 36. Leaves of Absence R &F 40- 37. Notices of Appointment - Seasonal R &F 41- 38. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 42- 39. R. Chrostowski - Agricultural District Annual Enrollment Period R &F 43- 40. LP Ciminelli -Board Packet Documents -Nov 2012 ED 44- 41. J. Gardella Jr., Ph.D- Statement From BEMC Re Gas Station 345 Amherst(North)R &F 45- 42. C. Johnson - Request Involvement in New Football Stadium and Any Future RFP'S R &F 46- 43. J. Lattimer- Extension of Notice of Mechanic's Lien - Franklin- Linwood North St Intersection Improvements(Informational Only) R &F 47- 44. M. LoCurto- Concerns with Food Store at 1256 Hertel Ave LEG 48- 45. J. Mano- Concerns Comingling LEG 49- 46. D. Pridgen -A. Buchanan - Concerns on Mortimer St LEG 50- 47. D. Pridgen -S. Mathis - Concerns Incident at Bottoms Up LEG 51- 47A D. Rider -CSX Katherine Street Lead CD,PW 52- 48. D. Rivera -S. Hoyt- Recent Changes and Improvements at the Peace Bridge CD 53- 49. D. Smith -Lamar Advertising- Changes in Green Code /Impact on Outdoor Adv CD 54- 50. D. Smith -S. Radford - Annual Professional Performance Review ED 55- 51. P. Wolf- Concerns Conducting Council Staff Performance Audits R &F PETITIONS 56- 52. A. Akol, Owner, Use 1256 Hertel, Re- Establish Restaurant in Hertel Avenue Special District(Del)(hrg 11/20) LEG,CPBD 57- 53. A. Ali, Owner, Use 2162 Seneca St to Expand a Restaurant to Include a Auction House(South)(hrg 11/20) LEG,CPBD 58- 54. K. Johnson, Owner, Use 3223 Main to Re- Establish A Restaurant (Univ)(hrg 11/20) LEG,CPBD RESOLUTIONS 86- 55 LoCurto Entitling Seasonal Sanitation Workers to Back Wages CS,CC 87- 56. Pridgen Set Public Hrg -Amend LDA Oak & Michigan Industrial Corridor ADOPT 88- 57. Pridgen Request to Amend LDA -Oak Michigan Industrial Corridor(hrg 11/27) CD 89- 57A Pridgen Ordinance Amendment -Ch 511 Zoning- Downtown Ent District LEG, CPBD 90- 57B Scanlon Waiver of Fees for District Outreach Meeting APP 91- 58. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 59- 1. Com 6 Oct 30 Appoint Cash and Debt Mngt Officer (Exem pt) (Szymanski) (Com pt) R &F 60- 2. Com 18 Oct 30 Appoint Equipment 0perator(Prov)(Max)(Adams)(PW) APP 61- 3. Com 19 Oct 30 Appoint Heavy Equipment Operator (Prov)(Inter)(Harroun)(PW) APP 62- 4. Com 20 Oct 30 Appoint Heavy Equipment Operator (Prov)(Inter)(Walker)(PW) APP 63- 5. Com 35 Oct 30 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 64- 6. Com 3 Oct 30 COB Urban Renewal Agency Subrecipient Agreement(revised)(Strat Plan) APP COMMUNITY DEVELOPMENT 65- 7. No 41 Oct 30 G. Hasiotis- Greater Buffalo Sports & Entertainment Complex Overview R &F 66- 8. No 46 Oct 30 S. Trien -The Strong and Proposed Bflo NFL Stadium Entertainment Complex — R &F 67- 9. No 53 Oct 30 L. Simone & O- Petition to Build Downtown Stadium R &F 68- 10. No 49 Apr 3 D. Pridgen - Article Publicly Owned Internet Service R &F 69- 11. No 33 Feb 7 K. Essler- Concerns Lafayette Hotel and Use of Darrow Alley R &F 70- 12. No 36 Oct 18 J. Golombek -R. Newberry- Concerns Re: Bflo's Emerg. Disaster Coor. Position R &F LEGISLATION 71- 13. No 48 Oct 30 M. Wakabongo, Owner, Use 838 Niagara - Establish a Retail Store (Nia)(Hrg 11/7) APP 72- 14. No 49 Oct 30 A. Ersing, Use 1854 Hertel aka 1862B Hertel -To Continue Existing Use With Change of Ownership in The Hertel Ave Special Zoning District(Univ)(Hrg 11/7) APP 73- 15. No 50 Oct 30 M. Fadale, Agent, Use 1113 Lovejoy for A Pole Sign (Lov)(no hrg) APP 74- 16. No 51 Oct 30 P. Moran, Owner, Use 212 Grant aka 220 Grant for Outdoor Cafe on City ROW(Nia)(no hrg) APP /COND 75- 17. Com 28 Oct 30 Second Hand Dealer -420 East Delavan (Mas)(EDPI) RECOMMIT 76- 18. Com 30 Oct 30 Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa( EII)( 11 /1, 11/8,11/15,11/22,11/29)(Cty Clk) APP 77- 19. No 66 Oct 30 Food Store License(new) 271 Ludington (Lov)(EDPI) ( #37,7/24)( #133,9/4) RECOMMIT 78- 20. No 43 Sept 18 J. Gates and Others - Various Letters in Support of Gas Station on Amherst St_R &F 79- 21. No 65 Sept 18 C. Tarr - Concerns Req Tops Markets 345 Amherst St(North)( #96,9/4) R &F 80- 22. No 59 May 29 C. Malcomb, Agent, Use 333 Amherst St -Erect Gasoline Station Kiosk, Pumplsland and Underground Gasoline Storage(hrg 6 /19)(North) APP W /COND 81- 23. No 53 June 26 S. Adler- Support for Gas Station 333 Amherst St R &F 82- 24. No 62 June 26 M. Kubiniec & O- Letters Opposing Gas Station 333 Amherst St R &F 83- 25. No 41 July 10 J. Fisher - Comments Gas Station at 333 Amherst R &F 84- 26. Res 155 April 19 Recycling in the City of Buffalo(exc res) ADOPT EDUCATION 85- 27. No 39 Oct 16 LP Ciminelli Board Packet Documents - September 2012 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 13, 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 October 30, 2012 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 CIT SERV- SUBMISSION OF MONTHLY REPORT OCTOBER 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 October 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- NEGATIVE DECLARATION- REDEVELOPMENT TOPS PLAZA 333 AMHERST(NORTH) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Led 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: Redevelopment of the Tops Plaza. Name of Action: Redevelopment of the Tops Plaza Location of Action: 333 Amherst Street, Buffalo, New York. SEQRA Status: Type I Action; coordinated review. Description of Action: The Action will involve redevelopment of the Tops Plaza at the southwestern corner of Grant and Amherst Streets. The redevelopment will include: (1) updating and revamping the existing store and facade; (2) improving pedestrian and bicycle access to the store, including installation of new sidewalks and traffic control devices; (3) revising and enhancing the safety of the plaza traffic system; (4) enhancing the views from the nearby bike path by providing adequate screening; (5) providing a safer entranceway from the bike path to the site, including new vegetation, seating for pedestrians, and bike racks; (6) increasing green -space at the site by removing unneeded impervious surfaces; (7) upgrading the drainage system for the entire site, including the portion of the site not controlled by Tops, thereby greatly improving the quality of stormwater draining from the site; (8) installing landscape enhancements, including additional vegetation and green space, and a raised curb which will reduce the likelihood of overflow during storm events reaching the Creek; and (9) construction of an on -site fuel facility. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact 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 redevelopment will occur on an already disturbed site, with impervious surfaces. The redevelopment will reduce the impervious surfaces at the site by removing unnecessary parking spaces and converting the area to green- space. There will be no disturbance of existing undeveloped areas, nor the removal or destruction of large quantities of vegetation or fauna. There will be no impact on wetlands. The Project will not disturb any virgin area. The entire Project will involve land that has already been developed and does not contain (and therefore there will be no adverse impact on) any significant habitat area. The Project includes the incorporation of additional vegetation and green -space and decreases the area of impervious surfaces. The identified impacts will be short -term only, during the construction period. These insignificant impacts include: minor noise, dust, and truck - traffic impacts for the short -term construction period. These short -term impacts will be mitigated to the maximum extent practicable by the use of Best Management Practices by the contractor. In regard to traffic impacts, there will not be any significant adverse environmental impacts resulting from the Project. The Project will improve existing traffic conditions at the site by implementing significant changes to the plaza's traffic flow and pedestrian access. The Project's changes to traffic flow and pedestrian access are the result of Tops' discussions with community groups. The current conditions at the Site require improvement. Some of the concerns expressed with respect to Site traffic included (1) lack of pedestrian access to the store; (2) lack of bicycle access to the store; and (3) inadequate controls for automobile traffic on the site. In response to those concerns, the Project will include construction of a new curbed island sidewalk in the center of the plaza with additional sidewalks and pedestrian travel lanes to create a direct, unimpeded pedestrian access path to the Tops store from Grant Street. These changes will improve pedestrian access and will enhance pedestrian safety at the Site. In addition, new striping, turn only lanes, and stop signs will be added and will significantly improve vehicle traffic flow within the plaza. This will greatly improve traffic safety at the Site, and provides a significant environmental benefit. Moreover, the Project will allow for safer bicycle access to the Site from the nearby bike path. The new bicycle access point to the Site has been improved to include a seating area, new vegetative screening, and bike racks for customers' use. These improvements came at the request of citizens and community groups. It is expected that the improved pedestrian and bicycle access will reduce automobile traffic to the site and will encourage walking and biking to the store. The Project will decrease overall parking capacity at the Site. In that respect, there will not be additional automobile traffic as a result of the site improvements. Construction of the fuel facility provides an additional service at the Site and there may be a minor increase in automobile traffic at the Site as a result, but any such increase will not be significant. The proposed fuel facility is designed to serve existing Tops customers due to its marketing and discount plan. Tops' marketing plan for the fuel facility is to service customers who already frequent Tops; the fuel is discounted based on grocery purchases at the store. Any minor increase in Site traffic due to the fuel facility is mitigated to the maximum extent practicable by the increase in traffic controls at the site and the reduction in existing store traffic through improved pedestrian and bicycle access. The standard method for projecting traffic at a proposed land use is to apply trip grates from the Institute of Transportation Engineers' (ITE) Report, Trip Generation, 7th Edition. The ITE Report, however, does not contain trip data for fueling facilities that are operated jointly with supermarkets. As a result, Tops has conducted manual traffic counts at its Sheridan - Delaware plaza fuel facility, a four dispenser (8 car) fuel facility operated in conjunction with a Tops supermarket on Sheridan Drive in Tonawanda. The highest peak traffic hour is early Saturday afternoon when 78 vehicles visited the fuel facility within a one hour period. Of these, nearly half (32) were "In- Place" trips meaning the Tops customer combined a fuel trip with a shopping trip to the Tops store. This is consistent with ITE data for stand -alone gas stations which show that approximately 42% of traffic at a gas station is from pass -by trips (meaning the vehicle was already on the road network and diverted into the fuel Facility when passing -by). It is likely that the vast majority of customers of the fuel facility will be already at the Site for a shopping trip or would already be on the road, passing by. Accordingly, the fuel facility will have, at most, a minimal impact on traffic levels in and around the Tops plaza, which facility is experiencing lower traffic levels than when the facility was constructed. The Project will result in an upgrade of the Site drainage system and significant improvement to the quality of stormwater leaving the site. First, there will be less impervious surfaces and more green area. Unnecessary parking spaces will be removed and additional green -space and vegetation will be added. Not only will this improve site drainage, but it will increase the screening of the store from the bike path. The redevelopment will include: (1) the installation of planting beds; (2) adding extra landscaping near the fuel facility pump islands; (3) construction of new landscaped islands with 6" curbs; (4) the removal of parking spaces nearest to the bike path, which will increase green space, decrease impermeable surfaces, and increase vegetation at the Site. Additionally, the Project will include the installation of four catch basins where there is currently one for the area of the Site where the pump island will be located. These improvements will significantly improve the Site drainage and will result in a net benefit to the Site. Drainage on the Site will be further improved by the addition of controls related to the fuel facility, which will reduce oil runoff compared to the existing system. As part of the fuel facility, an oil /water separator will be installed. The separator used at the Project will be the ESK 300 OiIM/ater Separator, specifically designed to meet EPA standards. While construction of the fuel facility increases the potential for contaminated runoff, use of the ESK 300 OiIM/ater Separator with additional grit chamber ensures that any such impact will not be significant and is mitigated to the maximum extent practicable. Tops will also provide an annual analysis of the stormwater outfall to assist the City in its efforts to revitalize the Creek. Tops has chosen an oil /water separator with accompanying grit chamber that has the capacity to treat the entire parking lot. It is important to note that the entire Site is not controlled by the Applicant. The Applicant only controls the portion of the Site closest to the Creek; the portion of the site abutting Amherst Street is controlled by other entities. Currently, the entire Site drains directly into the Creek without further drainage controls. Tops will install the ESK 300 OiIM/ater Separator to treat all runoff from the Site which will exceed DEC and EPA requirements. Additionally, a grit chamber will be installed to collect sediment and other debris before it reaches the oil /water separator. These improvements will result in improvement to the Site's stormwater discharges, which will work to improve the water quality of the Creek. The redevelopment will result in treatment of all stormwater for the Site, not just for the portion of the Site that Tops controls. Therefore, where currently all stormwater is left untreated, the redevelopment will provide treatment of all stormwater for the entire parking lot. The Board finds that this is a positive impact. Another issue related to drainage and stormwater runoff is the potential impact of gasoline spills as the result of customer use of the fueling facility or leaks. We note that Tops has designed a comprehensive fuel safety program which emphasizes prevention of spills and employs numerous system redundancies to ensure safe operations. Primarily, those systems rely on state -of- the -art dispensing, leak detection and monitoring equipment, a thorough inspections and maintenance program utilizing both Tops personnel and outside consultants, and a rapid emergency response and spill counter measures program. The fuel facility has been designed with all of the latest and most up -to -date environmental safeguards. The entire fuel storage system, including all related piping systems, has secondary and tertiary containment. The underground storage tanks are constructed of double - walled fiberglass and will be located below an 8 -inch thick concrete mat suitable for supporting fuel delivery trucks. The underground storage tanks contain a continuous electronic monitoring system, which monitors the brine - filled space between the inner and outer walls of the tank. This monitoring system triggers immediate alarms if there is ever a breach of any of the tank walls at an always open internal office which monitors all of the Tops' fuel facilities. The monitoring system also contains a probe that monitors gasoline levels within the tank and detects changes in depth of 0.1 inch or greater. In addition to two full -time fuel associates employed by Tops, all of the monitoring systems are monitored 24 hours a day, 7 days a week by two third -party observers. In addition to state -of- the -art equipment, Tops' fuel safety program, which will be employed at the fueling facility, emphasizes the prevention of situations that can lead to spills, thereby eliminating problems before they occur. Tops' fuel - facility attendants will receive extensive prevention training prior to working at a fuel facility. These attendants will supervise, observe, and control the dispensing of gasoline by customers into their vehicles. Tops fuel facilities have at least one attendant on duty while the store is open for business. Tops' fuel - facility operations personnel are also required to perform daily, weekly, and monthly inspections of all equipment to ensure ongoing, safe operations. Personnel are required to perform daily inspections of all fuel pumps and dispensers to check for signs of wear, rust or any trace of leaks in the pump dispensing area. Personnel will also be periodically required to physically measure petroleum volume in underground storage tanks to ensure that the internal tank monitors are working properly. In addition, the interstitial area between tank walls, in addition to continuous monitoring by equipment, will be physically checked weekly. Extensive records will be kept of each inspection activity (daily, weekly, and monthly) and problems or irregularities will be reported to supervisory personnel immediately. In addition, Tops contracts with a third party consultant to conduct monthly audits of all major safety and spill prevention equipment. Tops' fuel - facility personnel receive extensive emergency response training. The kiosk will be equipped with an emergency stop button and breakers for the pumps and dispensers. Activating the emergency stop button in the kiosk immediately shuts down all gas pumping equipment at the fuel facility. In addition, the fuel facility will be equipped with an emergency fire suppression system. A fire pull box will be located in the kiosk, which will activate a fire suppression system utilizing sodium bicarbonate (baking soda). In the event of a fire, the system is activated releasing approximately 720 lbs. of sodium bicarbonate, instantly extinguishing any fire. The fuel facility will be equipped with a spill kit which contains absorbent material (speedy -dri or kitty litter), absorbent socks and pads, absorbent pillows, goggles, gloves and a container where such materials can be placed after being utilized. The spill kits are equipped to contain both small and, if necessary, large spills. In addition to emergency response training, all Tops fuel - facility personnel are required to report spills to supervisory personnel. Tops is also installing a raised curb on the creek -side of the parking lot to significantly increase the stormwater holding capacity of the parking lot, further reducing any potential impacts to the Creek. The Project is consistent with the community's current plans and goals as officially approved and adopted. The Project is consistent with neighboring land uses and with the City's comprehensive plan because it is an allowed use that complies with local zoning laws. The Project Site is located in the C2 - Community Business District. For C2 districts, the uses are identical to those permitted in C1 districts, which include: "An automobile service station where gasoline is stored only in underground tanks approved by the Fire Department and having an individual capacity of not more than 10,000 gallons each, and a total capacity of not more than 30,000 gallons, provided that there shall be no use of the lot other than lawn, fence or shrubbery within 15 feet of the side lot line of an adjoining lot situated in any R District and provided further that no gasoline service station shall be permitted such use unless and until said use is approved by the Common Council and provided further that no car wash for automobiles shall be permitted such use on any premises within the City of Buffalo unless and until said use is approved by the Common Council." City Code § 511 -28. Also, since the Project Site is located within the Niagara River Coastal Special Review District, it will require a Restricted Use Permit from the Common Council. Further, with respect to aesthetic resources, the bike path will be benefitted by additional screening, and is sufficiently screened by trees and other vegetation that any visual impact from the fuel facility will not be significant, in fact the view of the facility will be less than the current view of the commercial plaza. The Project will also include replacing parking spaces with trees and vegetation near the bike path, which will further screen the path from the Site, parking area, and fueling facility. The current and proposed screening ensure that any such visual impacts are not significant and are mitigated to the maximum extent practicable. With respect to historical, archeological, or architectural resources, there will be no impact. As stated, the Project will only involve redevelopment of already disturbed areas. The current Site was developed approximately twenty years ago. When the site was developed initially, a Stage 1 Cultural Resource Investigation was prepared by Carolyn Pierce of Pratt & Huth Associates. The results of this survey indicate that no previously recorded or new cultural resources (including prehistoric and historic archaeological sites or extant historic structures) were identified or located during the investigation; therefore, it was concluded that no significant resources would be impacted when the site was originally developed. For Further Information: Contact Person: Martin Grunzweig, Land Use Control Coordinator Address: City of Buffalo Department of Planning Room 901, City Hall Buffalo, New York 14202 Telephone Number: (716) 851 -5085 ADOPTED FROM THE OFFICE OF STRATEGIC PLANN1NG NO. 3 STRAT PLAN - GRASSROOTS GARDENS OF BFLO AMEND LEASE TO DELETE 18 PROPERTIES The Office of Strategic Planning, Division of Real Estate, has received the attached request from Susannah Barton, Executive Director of Grassroots Gardens of Buffalo to remove 18 parcels from their lease agreement on or before December 31, 2012 as follows: 84 Auburn 271 Hampshire 835 Northampton 332 Breckenridge 167 Masten 841 Northampton 442 East Ferry 169 Masten 122 Sears 1223 Fillmore 175 Masten 123 Sears 754 Glenwood 498 Northampton 166 Southampton 828 Glenwood 831 Northampton 217 West I am recommending that Your Honorable Body approve to amend their lease to delete the above referenced properties as of December 31, 2012. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 5, 2012, be received and filed; and That the Common Council hereby approves the amendment to the lease agreement for Grassroots Gardens of Buffalo to delete eighteen (18) properties from the lease agreement as listed on the November 5, 2012 communication from the Division of Real Estate. PASSED AYES 9, NOES 0 NO.4 STRAT PLAN -LEASE AGREEMENT - GREATER SOUTH BUFFALO CHAMBERS OF COMMERCE LEASE PORTION OF TOSH COLLINS COMMUNITY CENTER LOCATED AT 36 CAZENOVIA (A.K.A. 161 CAZENOVIA)SOUTH DISTRICT The Office of Strategic Planning, Division of Real Estate, has received the attached lease agreement from the Deputy Commissioner of Parks requesting permission to allow the Greater South Buffalo Chambers of Commerce to use a portion of 35 Cazenovia (a.k.a. 161 Cazenovia), The Greater South Buffalo Chamber of Commerce is requesting to use two rooms in the central office, approximately 383.5 square feet of space solely for the enhancement and pursuit of its legitimate business purposes for which it was created. Their hours of operation are Monday - Friday 10:00 a.m. 6:00 p.m. The terms of the lease shall include but not be limited to the following: 1. The lease shall be for a period of one year, commencing on the first day of occupancy. The lease may be extended for up to four (4), one (1) year periods with mutual consent of both parties. 2. Either party may terminate the lease upon thirty (30) day written notice. 3. The annual rental will be One Dollar ($1.00). 4. The Chamber shall not sublet or assign its rights under this leasehold without written approval by the City. 5. Chamber shall pay the cost of all telephones and computers, telephone service, cable service, internet service, permits and fees associated with its use of the premises. All other utilities will be provided by the City. 6. The property is let "as is" and the Chamber shall have the right at its own expense to remodel, redecorate or alter same provided however, that such remodeling, redecorating or altering shall have the prior approval of the Commissioner of Public Works of the City. 7. The Chamber shall be responsible for the costs of all repair and preventative maintenance. 8. The City shall be responsible for capital improvements which shall be deemed as those structural in nature and affecting the use of permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 9. The Chamber shall hold the City harmless of and free from any and all liability of whatsoever name and nature and however caused in its use of the premises. The type and amount of insurance shall be determined by the City's Corporation Counsel's Office. I am recommending that Your Honorable Body approve the attached lease agreement between the City of Buffalo and the Greater South Buffalo Chamber of Commerce. I am further recommending that the Mayor be authorized to execute the same. Mr. Smith moved that: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 5, 2012, be received and filed; and That the Common Council authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a lease agreement with the Greater South Buffalo Chamber of Commerce to use a portion of 35 Cazenovia (a /k/a 161 Cazenovia) for office space for the enhancement and pursuit of its legitimate business purposes; and that the Mayor is hereby authorized to execute the same. PASSED AYES 9, NOES 0 N. 6 STRAT PLAN - REPORT OF SALE 2191 FILLMORE(MASTEN) 2191 Fillmore, S Cor. Jewett Lot Size: 40'x 120' Assessed Valuation: $3,600. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Saleh and Mrs. Rahma Abdulla, 128 Norfred Street, Lackawanna, New York 14218 to purchase 2191 Fillmore Avenue. Mr. and Mrs. Abdulla own the one story grocery store at 2187 Fillmore which is adjacent to 2191 Fillmore. They intend to do a capital improvement to their building by installing a suppression system onto 2187 Fillmore. The exterior duct work would encroach onto the lot at 2191 Fillmore. The lot will be cleaned and landscaped. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) per square foot to One Dollar ($1.00) per square foot. Mr. and Mrs. Abdulla have agreed and are prepared to pay Four Thousand One Hundred Dollars ($4,100.), Eight Five Cents ($.85) a square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 2191 Fillmore Avenue to Mr. Saleh and Mrs. Rahma Abdulla in the amount of Four Thousand One Hundred Dollars ($4,100.). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated October 24, 2012, be received and filed; That the offer from Mr. Saleh and Mrs. Rahma Abdulla, 128 Norfred Street, Lackawanna, New York, in the amount of Four Thousand One Hundred Dollars ($4,100.00) for the purchase of 2191 Fillmore, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 6 START PLAN -REORT OF SALE 14, 26, 34, 40 HOLLAND (ELL) Report of Sale 14 Holland, 115' N Northampton Lot Size: 35'x 125' Assessed Valuation: $1,600.00 26 Holland, 249.36' N Northampton Lot Size: 30'x 120' Assessed Valuation: $1,500.00 34 Holland, 297.10' S Riley Lot Size: 32'x 120' Assessed Valuation: $1,600.00 40 Holland, 141.40' S Riley Lot Size: 124'x 120' Assessed Valuation: $6,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from 1291 Group, LLC, Mr. William A. Paladino, 295 Main Street, Suite 210, Buffalo, New York 14203 to purchase 14, 26, 34 and 40 Holland Place. 1291 Group, LLC has acquired the former school at 1140 Ellicott Street (former Bishop O'Hern Parochial School) and the building at 1291 Main Street. These properties will be redeveloped for a Health Science Charter School. The City owned parcels will be used for green space and parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. 1291 Group, LLC commissioned Mr. Gregory Klauck, real estate appraiser of KLW Appraisal to estimate the fair market value of the subject properties. He has estimated the Fair Market value to be Twenty Five Thousand Two Hundred Dollars ($25,200.), Ninety Five Cents ($.95) per square foot for the subject properties. The Appraisal Review Board reviewed the KLW Appraisal Report on August 16, 2011 and recommended the appraisers estimate of Twenty Five Thousand Two Hundred Dollars. ($25,200.00). Mr. William Paladino on behalf of 1291 Group, LLC has agreed and is prepared to pay Twenty Five Thousand Two Hundred Dollars ($25,200.00), Ninety Five Cents ($.95) per square foot. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 14, 26, 34, and 40 Holland to 1291 Group, LLC in the amount of Twenty Five Thousand Two Hundred Dollars ($25,200). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 STRAT PLAN - REQUEST TO AMENDLDA -OAK MICHIGAN CORRIDOR OAK MICHIGAN CORRIDOR PHASE 1113 URBAN RENEWAL AREA - APPROVAL OF AMENDMENT TO CONTRACT FOR SALE OF LAND - BLOCK 21 -140 GENESEE ST The City of Buffalo Urban Renewal Agency duly designated Uniland Development Company and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency entered into a Land Disposition Agreement with Uniland Development Company for the sale of the above referenced property. The Buffalo Urban Renewal Agency entered into a Land Disposition Agreement (LDA) with Uniland Development Company on the property known as Block 21 (140 Genesee Street - between Elm and Oak Street) on November 11, 1987 and the property was subsequently transferred to Uniland on November 11, 1988. At the time, the LDA contemplated the construction of industrial, office, research, and development facilities with a minimum of 50,000 sq.ft. and a parking facility for 144 vehicles. Uniland proposes to construct a $45.9 million dollar state of the art six -story 139,000 square foot Catholic Health Administrative and Regional Training Center (Center). The property will also accommodate parking for 630 vehicles. The new building will enable Catholic Health to consolidate eight of its current administrative locations. Upon occupancy, Catholic Health will bring 700 jobs to the central business district. Permission is requested to modify the LDA to reflect the new project and establish timeframes for commencement and completion of the Center. The timeframes will include the following: Commencement of Project: On or before January 1, 2013 Completion of Core Structures: On or before January 1, 2014 Full Completion of Project: On or before September 1, 2014 The Agency has determined that the proposed terms of the Amendment to the Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed amended Land Disposition Agreement After the Public meeting is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 STRAT PLAN - RESCIND SALE & FORFEIT DEPOSIT 55 HIRSCHBECK (FILL) Rescind Sale & Forfeit Deposit 55 Hirschbeck Street Mr. Manuel Perez PRIOR COUNCIL REFERENCE: Item #10, C.C.P. June 8, 2010 In the above referenced item Your Honorable Body approved the sale of 55 Hirschbeck Street to Mr. Manuel Perez, 53 Hirschbeck Street, Buffalo, New York 14212. Several notices have been mailed to Mr. Perez to finalize the sale and close on the transfer of title. Final notice was sent on October 9, 2012 advising that failure to respond would result in rescinding the sale, forfeit the deposit of One Hundred Seventy Dollars ($170.00) and return the property to our inventory for future sale. Mr. Perez emailed our office on October 12, 2012 informing us that he is no longer interested in the sale of this property. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 55 Hirschbeck Street to Mr. Manuel Perez, the deposit be forfeited and the property be returned to our inventory for future sale. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, dated October 17, 2012, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 55 Hirschbeck and the deposit of One Hundred Seventy Dollars ($170.00) down payment is forfeited by Mr. Manuel Perez, 53 Hirschbeck Street, Buffalo, New York, and that the property be returned to inventory for sale. PASSED AYES 9, NOES 0 NO. 9 STRAT PLAN - RESCIND SALE & FORFEIT DEPOSIT 36 JONES ST(FILL) Rescind Sale & Forfeit Deposit 36 Jones Street Mr. Angelo R. Soto PRIOR COUNCIL REFERENCE: Item #7, C.C.P. July 22, 2008 In the above referenced item Your Honorable Body approved the sale of 36 Jones Street to Mr. Angelo R. Soto, 40 Jones Street, Buffalo, New York 14204. Several notices have been mailed to Mr. Soto to finalize the sale and close on the transfer of title. Final notice was sent on April 19, 2010 advising that failure to respond would result in rescinding the sale, forfeit the deposit of One Hundred Sixty Dollars ($160.00) and return the property to our inventory for future sale. Mr. Soto has not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 36 Jones Street to Mr. Angelo Soto, the deposit be forfeited and the property be returned to our inventory for future sale. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, dated October 17, 2012, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 36 Jones Street and the deposit of One Hundred Sixty Dollars ($160.00) down payment is forfeited by Mr. Angelo R. Soto, 40 Jones Street, Buffalo, New York, and that the property be returned to inventory for sale. PASSED AYES 9, NOES 0 NO. 10 STRAT PLAN- UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 100 FOURTEENTH STREET (GROVER CLEVELAND HIGH SCHOOL) NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk, along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to Grover Cleveland High School, located at 100 Fourteenth Street, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works, Parks & Streets 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 which has been reviewed and approved by the Corporation Counsel. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Christie R. Nelson Director of Real Estate Office of Strategic Planning Copy available for review in the City Clerk's Office Mr. Smith moved: That the above communication from the Office of Strategic Planning dated November 5, 2012, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement and utility rider between the City of Buffalo Board of Education and Niagara Mohawk Power Corporation, in order to allow and provide for electrical upgrades to Grover Cleveland High School, located at 100 Fourteenth Street; that the Corporation Counsel be, and he hereby is authorized to review and approve the Utility Easement Agreement as to form and to make any non - material changes or additions necessary to effectuate the intent of the Agreement and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 11 2013 CAPITAL BUDGET AND 2013 -2017 CAPITAL IMPROVEMENT PLAN Pursuant to the Buffalo City Charter § 20 -25, 1 am responding to the Mayor's recommended 2013 Capital Budget and 2013 -2016 Capital Improvement Plan. As I have indicated to the administration, the Common Council, and the Citizens Planning Council throughout the capital budgeting process, the City's Capital Budget and the City's Debt Limit are two separate and distinct values. Therefore, it is acceptable that the Capital Budget is $21,071,885 while the Debt Limit as determined by the Comptroller's Estimate & Report is $18,995,000. Since borrowing funds to complete capital projects results in interest costs, it is imperative that the City not only keep borrowing at a minimum, but it should also spend borrowed funds as quickly as possible. Internal Revenue Service rules require 50% of bond proceeds to be expended within 18 months, and 90% within 3 years of issuance. In order to determine which projects in the Capital Budget are likely to begin and be completed in a timely manner, I have requested from the administration more information on each of the projects. Debt will only be issued for projects for which funds can be spent immediately and quickly. If a project is not ready to begin, then the debt for that project will not be sold until it is. Projects from the 2013 Capital Budget that are not included in the 2013 General Obligation Bond sale may be included in subsequent years' bond sales, provided funds for those projects are ready to be spent at the time the debt is issued. I look forward to reviewing the additional information that I have requested on these projects. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 2012- 2013 SNOW REMOVAL STANDARD OPERATING PROCEDURE This is to inform your Honorable Body of the department's 2012 - 2013 Snow Removal Standard Operating Procedure. This Document contains the most current listing of snow removal equipment, plowing districts, and policies. RECEIVED AND FILED NO. 13 CHANGE IN CONTRACT DESTROY BROTHERS CONSTRUCTION CO INC PERMANENT WATER CUT RESTORATION SOUTH PARK & BERTHA GR #764D EMERGENCY REPAIR \SOUTH AND LOVEJOY DISTRICT I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary permanently restore asphalt roadway that was damaged by a watermain break at this location in excess of what was able to be seen from the surface at the time the work was procured: Existing Contract Amount $12,425.00 Increase in Contract (See Attachments) $ 7,778.00 Total Contract to Date $20,203.00 Funds are available in Capital Projects Account # 35314506 - 445100 and another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro Brothers Construction Co. Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated November 1, 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 $7,778.00 (Current Contract Amount $12,425.00 + Change Order #1 $7,778.00 for a Total Contract Amount of $20,203.00) to permanent restore asphalt roadway that was damaged by a water main break at South Park and Bertha to Destro Brothers Construction Co., Inc. The funds are available Capital Projects Account #35314506 - 445100, and an account to be named at a future date. PASSED AYES -9 NOES -0 NO. 14 ELMWOOD AT NOTTINGHAM SIGN WITHIN CITY RIGHT OF WAY The Buffalo History Museum is requesting permission to install a sign within City right of way at Elmwood and Nottingham. The sign is a free standing identification sign reading "The Buffalo History Museum." The sign measures 12 feet in length and 7 feet in height. The sign has been approved by the Buffalo Arts Commission. This department has no objection to the installation of this sign provided the following conditions are met 1. That the Buffalo History Museum be responsible for maintenance of said sign as long as it remains within City right of way. 2. That the Buffalo History Museum provide a certificate of insurance in an amount deemed sufficient by the Corporation Counsel which will indemnify and hold the City harmless in the event of damage, loss or injury caused by said sign. REFERRED TO THE COMMITTEEON COMMUNITY DEVELOPMENT NO. 16 PERMISSION TO INCREASE CONSULTANT CONTRACT .W. DANFORTH COMPANY REHAB OF EQUIP IN LLPS AT FILTER PLANT CONTRACT # 93000724 1 hereby submit to your Honorable Body the following change for this contract. J.W. Danforth Company is the construction contractor for Rehabilitation of Equipment in LLPS at Filter Plant. This increase is necessary for improvements to enhance the operation of the facilities and increase the service life of the equipment. The additional work requires rehabilitation of the pumps and motors, fabrication of stainless steel adaptor plates, upgrades and modifications to associated electrical wiring and improvements to related systems. Current Contract Amount $3,711,060.00 This Change Order $ 198,165.00 Total $3,909,225.00 1 certify that this increase 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 and Streets to issue said increase for $198,060.00. The funds will be available in Division of Water accounts 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 November 5, 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 in the amount of $198,164.00 (Original Contract Amount $3,711,060.00 + Change Order $198,165.00 for a total revised contract amount of $3,909,225.00) for the rehabilitation of equipment in LLPS at Filter Plant to J. W. Danforth Company, C #93000724. Funds for the project will be available in Division of Water accounts to be named at a later date. PASSED AYES -9 NOES -0 NO. 16 PERMISSION TO INCREASE CONSULTANT CONTRACT NUSSBAUMER & CLARKE, INC. REHAB OF EQUIP IN LLPS AT FILTER PLANT CONTRACT # 93000267 1 hereby submit to your Honorable Body the following change for this contract. Nussbaumer & Clarke, Inc. is the engineering consultant for Rehabilitation of Equipment in LLPS at Filter Plant. This increase is necessary for services related to additional construction administration (CA) and construction inspection (CI) of the presently ongoing contract work for Rehabilitation of Equipment in LLPS at the Filter Plant. The hourly wage rates are adjusted approximately 3% each year as per the original contract agreement. The additional work requires expanded on -site presence by Nussbaumer inspection personnel and an increased involvement of Nussbaumer engineering personnel in the field during construction, start -up and testing due to the level of difficulty associated with the installation of the new switchgear and coordination of the medium voltage service work included in this project. Current Contract Amount $ 713,900.00 $ 160r100.00 $ 874,000.00 1 certify that this increase 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 and Streets to issue said increase for $160,100.00. The funds will be available in Division of Water accounts 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 November 5, 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 in the amount of $160,100.00 (Original Contract Amount $713,900.00 + Change Order $160,100.00 for a total revised contract amount of $874,000.00) for the rehabilitation of equipment in LLPS at Filter Plant to Nussbaumer & Clarke, Inc., C #93000257. Funds for the project will be available in Division of Water accounts to be named at a later date. PASSED AYES -9 NOES -0 NO. 17 REPORT OF BIDS A DISTRICT, BROADWAY GARAGE, POLICE HQ ROOF ASBESTOS SAMPLING & TESTING VARIOUS DISTRICTS I requested on October 26, 2012 and received the following bids for A District, Broadway Garage, Police HQ Roofs, Asbestos Sampling & Testing, on November 7, 2012. Stohl Environmental $4,170.00 4169 Allendale, Blasdell, NY Paradigm Environmental No Bid 1815 Love, Grand Island, NY Nature's Way No Bid 3553 Crittenden, Alden, NY CORE Environmental No Bid 2312 Wehrle, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Four Thousand One Hundred Seventy and 00/100 Dollars q$4,170.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated November 7, 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 asbestos sampling and testing at A District, Broadway Garage, and Police Headquarters in the Total amount of Four Thousand One Hundred Seventy Dollars ($4,170.00) to Stohi Environmental, to be funded through Account 35323106 445100 - Buildings. PASSED AYES - 9 NOES — 0 NO. 18 REPORT OF BIDS BROADWAY GARAGE NEW RESTROOM ADDITION JOB #1276P I requested on October 23, 2012 and received the following bids for the Broadway Garage, New Restroom Addition, Plumbing Work, on November 5, 2012. Carino Plumbing & Heating $4,945.00 419 Auburn, Buffalo, NY Ackerman Plumbing $5,662.00 678 Sheridan, Tonawanda, NY Numarco, Inc. $9,370.00 1021 Maple, Elma, NY Jim Ando Plumbing, Inc. No Bid 100 Mildred, Cheektowaga, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Carino Plumbing & Heating, with a bid of Four Thousand Nine Hundred Forty Five and 00/100 Dollars ($4,945.00) is the lowest responsible bidder in accordance with the plans and specifications- Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated November 5, 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 Broadway Garage restroom addition in the Total amount of Four Thousand Nine Hundred Forty -Five Dollars ($4,945.00) to Carino Plumbing & Heating, to be funded through Account 35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 19 REPORT OF BIDS CONSTRUCTION OF PIERCE FIELD @ MULROY PARK JOB #1270 SOUTH DISTRICT I advertised for on September 25, 2012, and received the following formal sealed bids for Construction of Pierce Field @ Mulroy Park which were publicly opened and read on October 16, 2012. Base Bid Alt# 1 Alt# 2 Northeast Diversification $306,400.00 $4,000.00 $6,830.00 2 Cadby Industrial Park, Lancaster, NY Pinto Construction $342,102.00 $4,700.00 $45,950.00 1 Babcock, Buffalo NY Anastasi Trucking & Paving $346,775.30 $1,300.00 $10,700.00 4430 Walden, Lancaster, NY Zoladz Construction $360,000.00 $1,540.00 $16,800.00 13600 Railroad, Alden, NY Occhino $361,475.00 $3,850.00 $25,120.00 2650 Seneca, West Seneca, NY Ingalls Site Development $369,600.00 $20,200.00 (includes Alt# 2) 297 Meyer Rd, West Seneca, NY New Cal Construction $370,000.00 $2,000.00 $6,200.00 10994 Tinkham, Darien Center, NY Tom Greenaer Development $373,000.00 $6,800.00 $19,500.00 P 0 Box 250, Springbrook, NY American Paving & Excavating $397,800.00 $5,900.00 $17,550.00 5880 Thompson, Clarence Center, NY Scott Lawn Yard $444,000.00 $7,000.00 $14,000.00 5552 Townline, Sanborn NY Ledge Creek Development $504,000.00 $8,700.00 $16,000.00 10100 County, Clarence Ctr NY S & W Contracting $537,000.00 $ 3,780.00 $17,168.00 701 Seneca, Buffalo, NY Man O'Trees $633,000.00 $8,300.00 $18,703.00 752 Wildwood, Salamanca, NY Alternate #1: Remove existing trees of entrance drive. Alternate #2: Remove and replace existing chain link fence. I hereby certify that the foregoing is a true and correct statement of all bids received and that Northeast Diversification, with a Base Bid of $306,400.00, add Alternate #1 for $4,000.00, add Alternate #2 for $6,830.00, plus 15% contingency for $47,584.50, for a total bid price of Three Hundred Sixty Four Thousand Eight Hundred Fourteen and 50/100 Dollars ($364,814.50) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 35408706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated November 1, 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 construction of Pierce Field at Mulroy Park in the Total amount of Three Hundred Sixty -Four Thousand Eight Hundred Fourteen and 50/100 Dollars ($364,814.50) (Base Bid - $306,400.00 + Alt. #1 - $4,000.00 + Alt. #2 - $6,830.00 + 15% contingency - $47,584.50 = Total Bid Price - $364,814.50) to Northeast Diversification, to be funded through Account 35408706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 20 REPORT OF BIDS KLEINHANS MUSIC HALT HVAC, PLUMBING, FIRE PROTECTION UPGRADES JOB #1273 NIAGARA DISTRICT I advertised for on October 4, 2012, and received the following formal sealed bids for Kleinhans Music Hall, HVAC, Plumbing, Fire Protection Upgrades, which were publicly opened and read on October 23, 2012. 1 hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a bid of Six Hundred Sixty Eight Thousand and 00/100 Dollars ($668,000.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in the following Buildings accounts: 33320906 445100 ($468,789.12), 34323806 445100 ($194,472.34), 35323106 445100 ($4,738.54). Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated November 1, 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 Kleinhans Music Hall, HVAC, plumbing, and fire protection upgrades in the Total amount of Six Hundred Sixty -Eight Thousand Dollars ($668,000.00) to MLP Plumbing & Mechanical. Funding is available in the following Buildings accounts: 33320906 445100 ($468,789.12), 34323806 445100 ($194,472.34), and 35323106 445100 ($4,738.54). PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS WEST SIDE COMMUNITY CENTER WINDOW REPLACEMENT, BUILDING RENOVATIONS, SITE WORK JOB #1177 NIAGARA DISTRICT I advertised for on September 18, 2012, and received the following formal sealed bids for the West Side Community Center, Window Replacement, Building Renovations, Site Work, which were publicly opened and read on October 9, 2012. Base Bid Alt# 1 Nichter Construction $233,000.00 $15,000.00 30 Wildwood, Lancaster, NY S & W Contracting $260,598.00 $11,000.00 701 Seneca, Buffalo, NY Miller Enterprises $284,000.00 $17,000.00 12 Newfield, Buffalo, NY Hadala Construction $298,000.00 $13,000.00 325 Grote, Buffalo, NY Dyno Group $367,342.00 $ 137 Wickham, Williamsville, NY Alternate #1 : Paint removal of brick work. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction, with a Base Bid of $233,000.00, add Alternate #1 for $15,000.00, for a total bid price of Two Hundred Forty Eight Thousand and 00/100 Dollars ($248,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated October 31, 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 West Side Community Center, window replacement, building renovations and site work in the Total amount of Two Hundred Forty - Eight Thousand Dollars ($248,000.00) (Base Bid $233,000.00 + Alt. #1 $15,000.00 for a Total Bid Price of $248,000.00) to Nichter Construction. Funding is available in Account 35323106 445100 - Buildings. PASSED F- 1 =110IRl01 161*w NO. 22 REPORT OF EMERGENCY BID COMMUNITY ACTION CENTER 103 WOHLERS AVENUE JOB #1277 1 received the following emergency bids for the Community Action Center, 103 Wohlers Avenue, Emergency Roof Reconstruction, on October 29, 2012. Progressive Roofing, Inc. $46,000.00 331 Grote, Buffalo, NY Jos. A. Sanders & Sons $51,820.00 P 0 Box 814, Buffalo, NY Grove Roofing Services $63,000.00 131 Reading, Buffalo, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Progressive Roofing Inc. in the amount of Forty Six Thousand and 00/100 Dollars ($46,000.00). Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Community Action Center, 103 Wohlers Avenue, emergency roof reconstruction to Progressive Roofing, Inc. in the amount of Forty -Six Thousand ($46,000.00). Funding for this project is available in Account 35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 23 REPORT OF EMERGENCY BID MANHATTAN PARK CONCESSION STAND JOB #1278 1 received the following emergency bids for the Concession Stand at Manhattan Park, Emergency Roof Reconstruction, on October 24, 2012. Jameson Roofing Co., Inc. $16,815.00 3761 E. Lake, Dunkirk, NY Jos. A. Sanders & Sons $18,383.00 P 0 Box 814, Buffalo, NY Grove Roofing Services $21,600.00 131 Reading, Buffalo, NY Progressive Roofing, Inc. $28,700.00 331 Grote, Buffalo, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Jameson Roofing Co., Inc. it the amount of Sixteen Thousand Eight Hundred Fifteen and 00/100 Dollars ($16,815.00). Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Concession Stand at Manhattan Park, emergency roof reconstruction to Jameson Roofing Co., Inc. in the amount of Sixteen Thousand Eight Hundred Fifteen Dollars ($16,815.00). Funding for this project is available in Account 35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 24 REPORT OF EMERGENCY BID MANHATTEN PARK SHELTER HOUSE JOB# 1279 I received the following emergency bids for the Shelter House at Manhattan Park, Emergency\ Roof Reconstruction, on October 24, 2012. Jameson Roofing Co., Inc. $8,725.00 3761 E. Lake, Dunkirk, NY Jos. A. Sanders & Sons $12,370.00 P 0 Box 814, Buffalo, NY Grove Roofing Services $16,100.00 131 Reading, Buffalo, NY Progressive Roofing, Inc. $20,500.00 331 Grote, Buffalo, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Jameson Roofing Co., Inc. in the amount of Eight Thousand Seven Hundred Twenty Five and 00/100 Dollars ($8,725.00). Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the shelter house at Manhattan Park, emergency roof reconstruction to Jameson Roofing Co., Inc. in the amount of Eight Thousand Seven Hundred Twenty -five Dollars ($8,725.00). Funding for this project is available in Account 35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 25 SENECA BUFFALO CREEK CASINO PERMISSION TO ENTER IN AGREEMENT FOR IMPROVEMENTS TO THE RIGHT -OF -WAY I hereby request from Your Honorable Body permission to allow the City of Buffalo Department of Public Works, Parks & Streets, to enter into an agreement with the Seneca Erie Gaming Corporation to allow for construction improvements to the right -of -way surrounding the Seneca Buffalo Creek Casino. The agreement will be subject to approval as -to -form by the office of Corporation Counsel. All work will be designed and completed to City specifications with final plans being approved by the City Engineer. Please authorize issuance of permit and authorize the Commissioner of Public Works, Parks & Streets to accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AYES — FRANCZYK, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH - 8 NOES — FONTANA — 1 NO. 26 APPOINT ASSISTANT ADM INISTRATOR(PERM)(STEP 2)(BOYCE) Appointment effective 11/07/2012 in the Department of Public Works, Parks and Streets to the Position of Assistant Administrator, Permanent at the 2 " step of $53,498.00 Diane Boyce, 222 Norwood Ave, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(INTER)(CUNNINGHAM) Appointment effective 11/07/2012 in the Department of Public Works, Parks and Streets to the Position of Associate Account Clerk, Permanent at the Intermediate Salary of $37,683.00 Raylena Cunningham, 442 Highgate Ave, Buffalo, NY 14215 NO. 28 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(LEONARD) Appointment effective 11/05/2012 in the Department of Public Works, Parks and Streets to the position of Equipment Operator, Provisional at the Intermediate Salary of $32,823.00 Gregory Leonard, 149 Cushing PI, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 29 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT LUX (PHEZ ENTERTAINMENT LLC) 75 W. CHIPPEWA STREET BUFFALO, NY 14202 The Buffalo Police Department does not recommend the approval of the Application for Restricted Use Permit of Lux (Phez Entertainment LLC) for the "Lux University" events on November 1, 2012, November 8, 2012, November 15 2012, November 22, 2012 and November 29, 2012 because of pan issues with underage drinking— fights and gang activity. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE CORPORATION COUNSEL NO. 30 PROPOSED 2012 -2013 ROTARY RINK OPERATING AGREEMENT BETWEEN CITY OF BUFFALO AND BUFFALO PLACE, INC. ( "BUFFALO PLACE ") FOR CONTINUED OPERATION OF ROTARY RINK Since at least 1996, Buffalo Place, Inc. has managed and operated Rotary Rink. For the last several years, the City and Buffalo Place have executed yearly operating agreements. As in years past, the proposed operating agreement anticipates that the City will pay Buffalo Place a fee in the amount of $26,000 to operate Rotary Rink. In addition, the City will provide up to $10,000 worth of "in kind" services such as furnishing a Zamboni, sharpening the Zamboni blades, doing railing repairs, certain items of maintenance and etc. as spelled out in the draft operating agreement attached for your reference. This year, similar to last year, a new clause has been inserted into the agreement in order to provide the City with an option to manage the risk of skating accidents /'injuries since the City has in the past indemnified and held Buffalo Place harmless from and against such claims. The cost of general liability insurance to manage and cover the skating accident risk is expected to be in the range of up to approximately $5,000 for the 2012 -2013 ice skating season. It is expected that, weather permitting, the ice skating season at Rotary Rink will begin as early as November 23, 2012 (the day after Thanksgiving). Accordingly, we are requesting that your Honorable Body authorize a formal renewal /extension of the agreement between Buffalo Place and the City hi substantially the form of agreement which is attached to this communication. The proposed renewed agreement consists of the following material terms: 1. Term running from November 1, 2012 through October 31, 2013. 2. Annual City payment to Buffalo Place, Inc. in the amount of $15,000 by December 1, 2012 and $11,000 on or before February 1, 2013 together with the provision by the City to Buffalo Place /Rotary Rink of $10,000 worth of "in kind" services during the ice skating season. 3. City's option, but not the obligation, to avail itself of general liability insurance coverage for rink operations and skating injuries by paying up to an additional $5,000 to Buffalo Place towards the cost of such insurance coverage. The decision whether or not to expend such City $5,000 funds to avail the City of such coverage shall be made by the City Law Department. I am requesting that your Honorable Body: 1. Authorize the Mayor to execute a new agreement with Buffalo Place, Inc. containing the above referenced terms and generally conforming to the form and substance of the attached proposed agreement between the City and Buffalo Place, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the insurance matters and negotiating the final form of the agreement with Buffalo Place, Inc.; 2. Authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final agreement in its final form; 3. Authorize the expenditure of up to $31,000 in funds as described above and to further authorize the provision of up to $10,000 in "in kind" services as described in the proposed agreement. Timothy A. Ball Corporation Counsel Copy available for review in the City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated November 8, 2012, be received and filed; and That the Common Council hereby authorizes the Mayor to execute a new agreement with Buffalo Place, Inc. containing the terms and generally conforming to the form and substance of the proposed agreement as set forth in said proposed agreement as attached to the November 8, 2012 communication from the Department of Law on this matter, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the insurance matters and negotiating the final form of the agreement with Buffalo Place, Inc.; authorizes the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final agreement in its final form; and authorizes the expenditure of up to $31,000,00 in funds and to further authorize the provision of up to $10,000.00 "in kind" services as described in November 8, 2012 communication from the Law Department. PASSED AYES 9, NOE 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 31 RESTAURANT DANCE LICENSE (RENEWAL) 20 ALLEN AKA 89 N PEARL Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 20 Allen for which said renewal application for a Restaurant Dance Class IV license is being sought by John Little@ Funky Monkey and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated October 26, 2012; and 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 John Little d /b /a Funky Monkey, located at 20 Allen a /k/a 89 N. Pearl. PASSED AYES 9, NOES 0 NO. 32 RESTAURANT DANCE LICENSE (NEW)262 DELAWARE (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 262 Delaware for which said renewal application for a Restaurant Dance Class IV license is being sought by Nicholas Tiede@ Underground and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 33 RESTAURANT DANCE LICENSE (NEW) 391 ELLICOTT (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 391 Ellicott for which said renewal application for a Restaurant Dance Class III license is being sought by Lauren Lamendola@ Eden Lounge & Night Club and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 34 APPOINT ASSISTANT DIRECTOR HOUSING & PROPERTY INSPECT (PERM)(PETRUCCI)(5 STEP) Certificate of Appointment Appointment effective October 30, 2012 in the Department of Permits and Inspection Services to the Position of Assistant Director of Housing & Property Inspections Permanent, Competitive, 5th Step, Starting Salary of $66,873. Louis Petrucci, 89 Red Jacket Pkwy, Buffalo NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 35 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENT REV DISTRICT -75 W. CHIPPEWA (ELL)(11/16) Copy available for review in the City Clerk's Office Mr. Smith moved: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to take place at Lux on November 16, 2012 is hereby approved. PASSED AYES 9, NOES 0 NO. 36 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENT REVIEW DISTRICT — 75 W. CHIPPEWA (ELL)(11/21) Copy available for review in the City Clerk's Office Mr. Smith moved: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to take place at Lux on November 21, 2012 is hereby approved. PASSED AYES 9, NOES 0 NO. 37 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENT REV DISTRICT - 75 W. CHIPPEWA (ELL)(12/31) Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 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 199 Delaware Ave Barcelona on Pearl Touch Enterprise Inc 197 Allen The Alley Cat David Charles Forness 299 -301 Parkside Ave Sweet -ness 7 Cafe Simply Myself, Inc. 212 -220 Grant St Sweet -ness 7 Cafe Simply Myself, Inc. 1 Fulton St Seneca Gaming Corp Seneca Erie Gaming Corp 269 Amherst St The Phoenix Logueart, Inc. RECEIVED AND FILED NO. 39 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: Police — Gradean Ramsey RECEIVED AND FILED. NO. 40 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 October 31, 2012 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Fee Collector Seasonal Non - Competitive Flat Starting Salary of $12.06/hr. Gaetano Capodicasa, 434 Seneca St, Buffalo 14210 Certificate of Appointment Appointment effective November 15, 2012 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Non - Competitive Flat Starting Salary of $12.06/hr. Michael Bracco, 365 South Elmwood St, Buffalo 14202 NO. 41 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment effective October 24, 2012 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Permanent Competitive 1 sc Step Starting Salary of $35,486. John Marinaccio, 16 Magnolia Ave, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 42 R. CHROSTOWSKI - AGRICULTURAL DISTRICT ANNUAL ENROLLMENT PERIOD The Erie County Legislature has designated November 1 through November 30 each year as the annual thirty -day period during which a landowner may request the inclusion of predominantly viable agricultural land into a certified agricultural district in accordance with Section 303 -b of New York State Agricultural and Markets Law. Landowners interested in agricultural assessment may also be interested in enrolling in an agricultural district at this time. We encourage you to provide this information to anyone expressing interest in this or other agricultural programs. In order to make this information available to landowners in your municipality, we request your assistance with the following items: • Municipal Clerks - Please post the enclosed public notice in a prominent location within the Town or Village Hall, and if possible, post on your municipality's web site. • Supervisors and Mayors - Please read the enclosed public notice into the meeting minutes for any Town or Village Board meetings held between now and November 30 as part of the Board's record. • Please provide a copy of the enclosed worksheet to anyone who requests it. A copy of this form can also be found on our website, at www.erie.gov /environment. Should any questions arise, please contact me by phone at (716) 858 -8002 or by email at agriculture @erie.gov. Thank you for your anticipated cooperation and attention to this matter. PUBLIC NOTICE 30 -DAY PERIOD FOR INCLUSION OF PREDOMINANTLY VIABLE AGRICULTURAL LANDS INTO EXISTING AGRICULTURAL DISTRICTS Per New York State Agriculture and Markets Law Section 303 -b, the Erie County Legislature designated November 1 through November 30 as the annual thirty -day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district. Copies of the application form have been provided to Municipal Clerks, Assessors and Chief Elected Officials for distribution to interested landowners. The application is also available on the DEP website at www.erie.gov /environment. The Erie County Department of Environment and Planning will accept applications from November 1 through November 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning. A hearing on submitted applications for inclusion will be held at 6pm on Monday, December 10, 2012 at Erie County Cornell Cooperative Extension Office, 21 South Grove Street, East Aurora, NY 14052. CONTACT: Rachel Chrostowski, Planner Erie County Environment & Planning 95 Franklin Street, 10 Floor Buffalo, NY 14202 Phone: (716) 858 -8002 Fax: (716) 858 -7248 Email: agricultureO- erie.gov RECEIVED AND FILED NO. 43 LP CIMINELLI -BOARD PACKET DOCUMENTS NOV 2012 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 5, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 1, 2012 3. Fully Executed Phase III Application and Certificate for Payment No. 53 - September 2012 4. Fully Executed Phase IV Application and Certificate for Payment No. 51 R- September 2012 5. Fully Executed Phase V Application and Certificate for Payment No. 34 - September 2012 6. Phase III Application and Certificate for Payment No. 54- October 2012 7. Phase IV Application and Certificate for Payment No. 52 - October 2012 8. Phase V Application and Certificate for Payment No. 35 - October 2012 9. Program Packaging and Development Services (PPDS) Provider Update 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - September 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 — September 2012 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - September 2012 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 44 J. GARDELLA JR., PH. D- STATEMENT FROM BEMC RE GAS STATION 346 AMHERST (NORTH) Buffalo Environmental Management Commission October 24, 2012 Statement from the BEMC regarding the proposal to add a Fueling (gasoline) station to the Tops Market at 345 Amherst (Grant and Amherst Streets) for the Planning Board and Common Council To be delivered by BEMC Commissioner Arthur Robinson, Jr. on behalf of the BEMC The Buffalo Environmental Management Commission (BEMC) has reviewed the proposed plan for the addition of a fueling (gasoline) station at the Tops Market site on 345 Amherst Street in Buffalo. We have considered the environmental impacts through review of plans submitted by Tops to the City Planning Board, and a presentation at the September 15, 2012 meeting of the BEMC led by Daniel Spitzer, of Hodgson Russ, representing Tops Markets. The members of BEMC followed with a question and answer session. Additional documents were provided as a follow up to the discussion, including Tops' Fueling Manual, with procedures for training workers regarding spills and protections during refill of fuel tanks. We believe the issues we raised regarding the Tops proposal were addressed at or subsequent to our meeting in September. Specific questions BEMC members had regarding the spill protections and installation of the oil /water separator, the SPDES storm water requirements (below the one acre threshold) and public outreach efforts (coordination with the business association and Good Neighbors Planning Alliance resulting in an improved site plan from what was initially submitted in May that is more protective of the environment) were addressed satisfactorily. Moreover, we have no concerns with the spill procedures provided by Tops' legal counsel subsequent to the meeting as they appear to be appropriate and comprehensive. We have been contacted by Mark Kubiniec, President of the Grant Amherst Business Association, regarding their concerns about the project, and reviewed a document prepared by a community member, Mr. Charley Tarr, who described a number of historic concerns about the site (including soils character, traffic, etc.) and claims about incorrect SEQRA EAF forms, his views of jurisdiction planning concerns, (specifically, appropriate city, state and federal authority related to the proximity to the Scajaquada Creek e.g. LWRP) and other details. We have reviewed these concerns and find that Tops' plans have dealt with the substance of environmental impacts and find some of the jurisdictional concerns to be incorrect. The focus of BEMC concerns included protections from stormwater runoff, spills and Top public outreach efforts. With respect to public outreach, we found the plans for specific changes to the parking lot, the increased protections for the size of the oil /water separator, and work between Tops representatives and Riverkeeper representatives regarding protection of the Creek to be appropriate responses to concerns raised during the planning process. We support the proposed plan and find that actions proposed to mediate environmental impacts to be appropriate. Sincerely, Joseph A. Gardella Jr., Ph.D. Chair, BEMC John and Frances Larkin Professor of Chemistry, SUNY Buffalo RECEIVED AND FILED NO. 46 C. JOHNSON - REQUEST INVOLVEMENT IN NEW FOOTBALL STADIUM AND ANY FUTURE RFP'S Dear Ms. Penksa, Mr. Chwalinski, & Mr. Mehaffy: I've been following the Greater Buffalo Sports & Entertainment Complex expressed interest in assessing the preliminary site plan for a new football stadium for the Buffalo Bills that could double as a convention center. As an analyst at C. H. Johnson Consulting, Inc., I'm writing to introduce myself and the firm, and to express our interest and qualifications for a role in the project. The Johnson Consulting firm represents 30+ years of knowledge and experience serving facility owners /operators (including municipalities and agencies), developers and various vested interests in stadiums, arenas, and other specialized real estate. The Johnson Consulting team offers well - respected expertise for independent evaluation of market potential, as well as analytics for planning and developing arenas and stadiums. Further, our firm capitalizes on these independent evaluations of market potential by providing clients with economic and fiscal impact studies and developing financial structures that capitalize on an entity's contribution to the local, state, and regional economy on various bases. I'm confident that our involvement in the early stages of your efforts can bring you value and sound metrics for support of your decision - making. We would appreciate being included on the distribution of any future RFP's or even in earlier discussions, if appropriate. If you have any questions or if you would like to reach me sooner, please call 312 - 447 -2011. Thank you, Chris Johnson C.H. Johnson Consultin�q Inc. 6 East Monroe Street, 6 Floor Chicago, IL 60603 312.447.2011 (Direct) 847.708.4098 (Cell) 312.444.1125 (Fax) www.chjc.com chris johnson @chjc.corn RECEHVED AND FILED NO. 46 J. LATTIMER- EXTENSION OF NOTICE OF MECHANIC'S LIEN - FRANKLIN - LINWOOD NORTH ST. INTERSECTION IMPROVEMENTS (INFORMATIONAL ONLY) November 8, 2012 The attached Correspondence from Jeffrey H. Lattimer Re Extension of Mechanics Lien - Franklin- Linwood -North Street Intersection Improvements was filed with my Office on 11/07/2012. After contacting The Clerk of Erie County and getting the correct information, the Messenger was told to file said correspondence with their Office. The messenger stated his Attorney insisted it was to be filed with the City Clerk. I explained that the item would just be informational for the Common Council. Yours truly, Gerald A. Chwalinski City Clerk Wednesday, November 07, 2012 City Clerk City of Buffalo, New York 1308 City Hall Buffalo, New York 14202 Re: Extension of Notice of Mechanic's Lien - Franklin- Linwood -North Street Intersection Improvements Dear Sir /Madam: Enclosed please find an Extension of Notice Under Mechanic's Lien Law for Account of Public Improvement together with Affidavit of Service by mail of Extension of Notice. Please file the original. Please direct any questions to me at 716 852 2010. 1 remain, Sincerely, Jeffrey H. Lattimer Chief Financial Officer RECEIVED AND FILED MO. 47 M. LOCURTO- CONCERNS WITH FOOD STORE AT 12356 HERTEL AVE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on November 13 2012. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL J. LoCURTO Delaware District Councilmember Councilmember, On July 18, 2022 Saleh All informed this department that he was not operating the store at 1256 Hertel and was out of business. Subsequently, the current applicant for 1256 Hertel was closed down on 8/3/12 for operating without a license and for purchasing a box of zigzag rolling papers after being informed by an undercover agent that said rolling papers were stolen from another store. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 J. MANO- CONCERNS COMINGLING Dear Council, Just a quick note from a concerned group of business owners, developers, and residents with regard to the ban on 2B and over in local bars and night clubs; The group of bar and club owners that are protesting the "anti" 28+ law would like you to believe that all the concerned parties downtown are in favor of 18 year olds frequenting downtown, when in fact, it's quite the opposite. I was the person responsible for bringing the" University Thursdays "compromise to Councilman Pridgen. My feeling is, we tried it, and it didn't work. We believe it is detrimental to the long term health of the district. Rather than restart this debate in the media and the public eye, as it has been done too many times over the last several years, the following is a list of interested and concerned parties that are not in favor of the return of "comingling ". There are too many positive things going on in this city, and specifically downtown, to shed a negative light on the entertainment district by having this debate yet again publicly. Restaurants and Bars: Soho Burger Bar, Papaya, Bada Bing, 67 West, City Tavern, Indulge, Encore, Bambino, Laughlins, Chop House, D'Arcy McGee's, Sky Bar, Bacchus Wine Bar Concerned Residents: Cary Street, Rabin Terrace, City Center Local Developers and Businesses: Mark Croce, Uniland, Cimminelli, Termini, Benderson, as well as the attorney's at Kenney Shelton Liptak Nowak In closing, sometimes we have to agree to disagree! REFERRED TO THE COMMITTEE ON LEGISLAITON NO. 49 D. PRIDGEN -A. BUCHANAN- CONCERNS ON MORTIMER ST I would like to file the attached information for the next Common Council meeting to be held on November 13, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member Dear Mr. Pridgen: I met with you along with all of my neighbors on Mortimer Street on July 25, 2012. We discussed with you the concerns we had regarding needing a fence on the property line between the new town houses that were built by BMHA on Jefferson and Peckham and the back yards on Mortimer Street. We also discussed needing our street stripped and repaved, new curbs, and lighting, etc. We also discussed having the garage at 139 Mortimer demolished. I was informed by Ms, Latoya Ransdell that the property was slated for demolition. However, we discovered that the property was sold by the City for $1000.00. The current buyer informed my neighbor that he plans on opening another automotive shop. We are furious! If this is accurate, please intervene and stop this from moving forward. It would seem that maybe this sale was done illegally, if the property had already been slated to be demolished. Please intervene and cause the City to give this person a refund. Please do what it takes to re -zone this property address, so that it cannot be used for commercial purposes in the future. Please see to it that this property will be demolished. Thank you in advance for your assistance. Please contact me at (716) 570 -8701 to inform me ifl need to make any further expressions of opposition Sincerely, Angela Buchanan REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 D. PRIDGEN -S. MATHIS- CONCERNS INCIDENT AT BOTTOMS UP Copy available for review in the City Clerk's Office. REFERRED TO THE COMMITTEEE ON LEGISLATION NO. 51 D. RIDER -CSX KATHERINE ST LEAD Dear Mr. Ward I am writing you as both and engineer and stockholder since no action has been taken by CSX despite several emails and two conversations with your superintendent on unsafe conditions for autos and trucks created by your six grade crossings on this short section of Katherine Street. The pavement is so worn out and uneven at your crossings that traffic often swerves to the other lane to avoid the rough ride. Much of the traffic on this street carries compressed, explosive and flammable gas or liquids in large tankers. Just check your deliveries along Katherine Street and you will see the materials that the railroad delivers here for subsequent truck delivery by your customers The area contains a new museum and park and recently there was an industrial fire on Katherine Street. I hope my concerns will result in you taking action to have the pavement completely rebuilt at your crossings. You also have no reason to be proud of your track and tie conditions immediately adjacent to the street. Thank you for attention to this matter. Very truly yours, Daniel J. Rider, PE REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS NO. 52 D. RIVERA -S. HOYT RECENT CHANGES AND IMPROVEMENTS AT THE PEACE BRIDGE Mr. Chwalinski: Please file the attached letter and documents from the Buffalo and Fort Erie Public Bridge Authority. The letter regards recent changes and improvements at the Peace Bridge. It details three measures taken: (1) the enactment of a No- Idling Policy, (2) the enforcement of the No- Idling policy, and (3) the measurement of air quality around the Peace Bridge. In the section regarding "Air- Monitoring ", a link is provided to access the initial results from the air monitoring stations as they are recorded. The link in the letter though is incorrect and I would like to provide the actual link to the two monitoring stations: Peace Bridge Monitoring Station #1 (Vermont & Busti) http:// www. dec. ny_.g ov/ airmon /stationStatus.phhp ?stationNo =68 Peace Bridge Monitoring Station #2 (Front Park) http: / /www. dec. ny _.gov /airmon /stationStatus.phhp ?stationNo =69 Thank you for your assistance with this. Regards, Hon. David A. Rivera Niagara District Council Member 65 Niagara Square, 1504 City Hall Buffalo, NY 14202 -3318 Dear Council Member Rivera: Thank you for your inquiry regarding the status of anti - idling and air - monitoring activities at the Peace Bridge. In order to help you communicate with constituents and other interested City of Buffalo residents, the Buffalo and Fort Erie Public Bridge Authority (PBA) would like to provide the following updates: No- Idling, Zone Policy On August 24, 2012, the PBA designated all Peace Bridge secondary inspection areas and Duty Free store parking lots as no, idling zones. A copy of this no- idling resolution is attached for your reference, as are images of the Authority's new no- idling signage. Also enclosed are copies of our no- idling violation notices. These informational pieces are being distributed to any passenger or commercial vehicles that fail to heed the newly implemented no- idling zone policy. In addition, the Authority has commenced a violations tracking log to evaluate and record repeat offenders and the frequency of any deliberate (illegal) idling at the Peace Bridge. NYS Idling Law Enforcement This work began in June 2012 and is being undertaken by the New York State Department of Environmental Conservation [DEC) through a series of on -plaza idling "enforcement sweeps." The DEC can provide specific details or the effectiveness of the effort. The PBA has granted Conservation Officers unfettered access to the U.S. secondary inspection area and Duty Free Americas store parking lot to conduct this enforcement activity. Air - Monitoring In September 2012, the DEC commenced a six - month, air - monitoring program within the vicinity of the Peace Bridge to assess local air quality via particulate matter and black carbon concentrations. The DEC can again provide more information on this program; however, the initial readings are available at http: / /www. dec. ny. gov /airmon /stationStatus.php ?stationNo =76. Please feel free to share this information as you deem appropriate and also file for the public record with the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 R. HARPER- CHANGES IN GREEN CODE WITH REGARDS TO ITS IMPACT ON OUTDOOR (BILLBOARD) ADVERTISING Dear Councilmember Smith: 289 Exchange Street, Buffalo1 NY 14204 Phone (716) 852 -5791 Fax (716) 852 -5921 The proposed Green Code as currently proposed would have a devastating effect on Lamar Advertising especially in regards for Lamar to provide coverage for the smaller businesses in the Buffalo community. Basically it restricts Billboards entirely to industrial zones, which in the city are basically along the 1 -190 corridor, this would not affect our bulletin coverage, however our poster coverage which in many cases caters to the smaller local businesses and provides the opportunity to get their message out in the oldest most cost effective form of advertising, where the prospective customer who would utilize the service is likely to travel. Lamar in at least the last seven (7) years has built one new poster unit in the city, but since 1997 has removed 3.57 in the city where there was a large concentration of inventory that if it all remained up, would manifest itself as a problem. Lamar would like the opportunity to be allowed in the commercial zones, not so much as to build new structures every 500' (as Lamar proposes) but to be able to replace inventory as it may be displaced by development. Lamar also made a conscious effort to place its facilities within the boundaries of the city, especially when plenty of Suburban sites where presented it when it was decided to move off of Maryland Street. Through it all Lamar has been a good corporate resident of the City. I have provided a sampling of pictures and artwork of some of the poster units that would be impacted by the change to industrial only. I have also provided copies of the following: 1.) The letter to John Fell who is leading the Buffalo Green Code is my response to the first meeting with regards to the signs. 2.) The current Billboard /non - accessory sign ordinance compared to the proposed. 3.) Finally, what Lamar currently pays in taxes, and the leases on City property. Also to be taken in consideration is the lease rental paid to the property owners and the impact that would make the property owners on Fillmore Ave and South Park that utilizes the lease payment Lamar pays to maybe make a tax payment. I would hope to meet with you to discuss this matter, as you can see by the presentation the effect that has gone into this, the importance this is to Lamar, and also any issues you have. REFERRED TO THE COMMITTEE ON COMMUNTY DEVELOPMENT. NO. 64 RE: D. SMITH -S. RADFORD- ANNUAL PROFESSIONAL PERFORMANCE REVIEW (APPR) Dear Mr. Chwalinski: Please file the attached notice of information regarding the Annual Professional Performance Review for the next Common Council meeting scheduled for Tuesday, November 13, 2012. Thank you for your attention to this matter. Available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 55 P. WOLF- CONCERNS CONDUCTING COUNCIL STAFF PERFORMANCE AUDITS Another Voice: Buffalo audits not occurring despite requirement By Paul Wolf Former Buffalo Common Council Member Brian Davis was recently sentenced to one year in prison for stealing taxpayer dollars that he controlled through discretionary funding that is provided to all Council members. The Buffalo City Charter states one of the responsibilities of the city comptroller as: "The comptroller shall engage an independent consultant to conduct an audit of the performance of the Council staff every two years." All of the audits completed by the Buffalo Comptroller's Office since 2002 are listed on the City of Buffalo's website. According to the list, an "independent" audit of the Council has not been done every two years as required by the City Charter. In fact, it appears that the only audit completed of the Council staffing the past 10 years was in 2009. That Council staff audit was done by the city comptroller and not by an independent auditor as required by the City Charter. Perhaps an outside auditor would have discovered that internal controls over discretionary funds were lacking and the Davis situation could have been prevented or discovered earlier. In addition to an independent audit of the Common Council, the City Charter requires that: "The comptroller shall have the power to conduct performance audits of all bureaus, offices, departments, boards, commissions, activities, functions, programs, agencies and other entities or services of the city to determine whether their activities and programs are: (i) conducted in compliance with applicable law and regulation; and (ii) conducted efficiently and effectively to accomplish their intended objectives. In addition to such audits as the comptroller may conduct with his or her own staff, the comptroller shall engage an independent consultant to conduct at least two such performance audits each year." Performance audits are different than financial audits in that they focus on whether programs are complying with regulations, operating efficiently and accomplishing intended objectives. A review of the past audits listed on the City of Buffalo website reveals that not a single performance audit has been conducted by an independent consultant as required by the City Charter. While there is a cost to hiring outside consultants, it is important to have independent perspectives on what is taking place in City Hall. To his credit, City Comptroller Mark Schroeder has brought in outside experts from the University at Buffalo to examine the operations of the Comptroller's Office and they will make recommendations for improvement. That same approach of bringing in outside independent expertise needs to take place in other City Hall departments as required by the City Charter. Paul Wolf is president of the Center for Reinventing Government RECEIVED AND FILED PETITIONS NO. 56 A. AKOL, OWNER, USE 1256 HERTEI, RE- ESTABLISH RESTAURANT IN HEGEL AVENUE SPECIAL DISTRICT (DEI)(HRG 11/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1 NG BOARD NO. 57 A. ALI, OWNER, USE 2162 SENECA ST TO EXPAND A RESTAURANT TO INCLUDE A AUCTION HOUSE (SOUTH)(HRG 11/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 K. JOHNSON, OWNER, USE 3223 MAIN TO RE- ESTABLISH A RESTAURANT (UNIV)(HRG 11/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 59 APPOINT CASH AND DEBT MNGT OFFICER (EXEMPT)(SZYMANSKI)(COMPT) CCP #6, 10/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 60 APPOINT EQUIPMENT OPERATOR(PROV)(MAX)(ADAMS)(PW) CCP #18, 10/30 Mrs. Russell moved That Communication 18 of October 30, 2012, be received and Filed and that the Provisional appointment Eric Adams, 48 Wheelock, Buffalo, NY 14205 at the Maximum Salary of $38,615.00 is hereby approved PASSED AYES -9 NOES -0 NO. 61 APPOINT HEAVY EQUIPMENT OPERATOR (PROV)(INTER)(HARROUN)(PW) CCP #19, 10/30 Mrs. Russell moved That Communication 19 of October 30, 2012, be received and Filed and that the Provisional appointment Jeremy Harroun, 564 Dorrance, Buffalo, NY 14205 at the Intermediate Salary of $26,229.00 is hereby approved PASSED AYES -9 NOES -0 NO. 62 APPOINT HEAVY EQUIPMENT OPERATOR (PROV)(INTER)(WALKER)(PW) CCP #20, 10/30 Mrs. Russell moved That Communication 20 of October 30, 2012, be received and Filed and that the Provisional appointment Marvin Walker, 263 Highgate, Buffalo, NY 14215 at the Intermediate Salary of $26,229.00 is hereby approved PASSED AYES -9 NOES -0 NO. 63 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #35, 10/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 64 BUFFALO URBAN RENEWAL AGENCY - SUBRECIPIENT AGREEMENT (REVISED) (ITEM NO. 3, C.C.P., OCT. 30, 2012) Mr. Scanlon moved: Approved. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 65 G. HASIOTIS - CJREATER BUFFALO SPORTS & ENTERTAINMENT COMPLEX OVERVIEW (C.C.P #41, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 66 S. TRIEN -THE STRONG AND PROPOSED BFLO NFL STADIUM ENTERTAINMENT COMPLEX (C.C.P #46, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 67 L. SIMONE & O- PETITION TO BUILD DOWNTOWN STADIUM (C.C.P #53, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 68 D. PRIDGEN- ARTICLE PUBLICLY OWNED INTEMET SERVICE (C.C.P #49, APT 3) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 69 K. ESSLER- CONCERNS LAFAYETTE HOTEL AND USE OF DARROW ALLEY (C.C.P #33, FEB 7) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 70 J. GOLOMBEK -R. NEWBERRY- CONCERNS RE: BFLO'S EMERG. DIASTER COOR. POSITION (C.C.P #36, OCT 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION DARIUS PRIDGEN, CHAIRPERSON NO. 71 M. WAKABONGO, OWNER, USE 838 NIAGARA TO ESTABLISH A RETAIL STORE (NIA)(EDPIS) (ITEM NO. 48, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -68 of the City of Buffalo Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a restricted use permit to M. Wakabongo, Owner, for a retail store at a former barber shop in the Niagara River Coastal Special Review District (R3). PASSED AYES -9 NOES -0 NO. 72 A. ERSING, USE 1854 HERTEL A/K /A 1862B HERTEL TO CONTINUE EXISTING USE WITH CHANGE OF OWNERSHIP IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (UNIV)(EDPIS) (ITEM NO. 49, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -59F of the City of Buffalo Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a restricted use permit to A. Ersing to continue existing use with change of ownership in the Hertel Avenue Special Zoning District at 1854 Hertel a /k/a 1862B Hertel. PASSED AYES -9 NOES -0 NO. 73 M. FADALE, AGENT, USE 1113 LOVEJOY TO ERECT A POLE SIGN (LOV) (DPIS) (ITEM NO. 50, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the application of M. Fadale, Agent, to erect a pole sign for a new park hereby approved. PASSED AYES -9 NOES -0 NO. 74 P. MORAN, OWNER, USE 212 GRANT A/K /A 220 GRANT FOR AN OUTDOOR CAFE ON CITY RIGHT -OF -WAY (NIA) (EDPI) (ITEM NO. 51, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the application of P. Moran, Owner, to place an outdoor cafe with ten (10) tables and forty (40) chairs on City right -of -way for an existing coffee shop located at 212 Grant a /k/a 220 Grant subject to the conditions in the report and recommendation of the Buffalo City Planning Board. PASSED AYES -9 NOES -0 NO. 75 SECOND HAND DEALER - 420 EAST DELAVAN (MASTEN)(EDPIS) (ITEM NO. 28, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 76 APPLICATION FOR RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ITEM NO.30, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served is approved upon the following conditions: All patrons under the age of 21 will have black Xs on both hands All patrons age 21 and over will have a wristband indicating that they are 21 and /or over PASSED AYES -9 NOES -0 NO. 77 FOOD STORE LICENSE (NEW) - 271 LUDINGTON (LOV)(EDPI) (ITEM NO. 66, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: 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 above item be recommitted to the Committee on Legislation ADOPTED NO. 78 GATES AND OTHERS - VARIOUS LETTERS IN SUPPORT OF GAS STATION ON AMHERST ST (C.C.P. #43, SEPT 18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the items be Received and filed ADOPTED. NO. 79 C. TARR- CONCERNS REQ TOPS MARKETS 345 AMHERST ST(NORTH) (C.C.P. #65, SEPT 18)(C.C.P. #96, SEPT 4) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the items be Received and filed ADOPTED. NO. 80 C. MALCOMB, AGENT, USE 333 AMHERST ST -ERECT GASOLINE STATION KIOSK, PUMPISLAND AND UNDERGROUND GASOLINE STORAGE(HRG 6 /19)(NORTH) (C.C.P. # 59, MAY 29) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen now moves: That the Common Council hereby approves the application of C. Malcomb, Agent, to use 333 Amherst Street to Erect a gas station kiosk, pump island and underground gasoline storage subject to the final revised plans and conditions recommended in the report of the City Planning Board and subject to the applicant's representation that it will plant additional trees on the subject premises. PASSED AYES Fontana, Golombek, LoCurto, Pridgen, Russell, Scanlon, Smith — 8, NOES Franczyk - 1 NO. 81 S. ADLER- SUPPORT FOR GAS STATION 333 AMHERST ST (C.C.P. #53, JUNE 26) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the items be Received and filed ADOPTED. NO. 82 M. KUBINIEC & O- LETTERS OPPOSING GAS STATION 333 AMHERST ST. (C.C.P. #62, JUNE 26) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the items be Received and filed ADOPTED. NO. 83 J. FISHER - COMMENTS GAS STATION AT 333 AMHERST (C.C.P. #41, JULY 10) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the items be Received and filed ADOPTED. NO. 84 RECYCLING IN THE CITY OF BUFFALO(EXC RES) (C.C.P. #166, APRIL 19) That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council hereby directs the Department of Law to draft an amendment to the Buffalo City Ordinances, for consideration by the Council, requiring City residents to separate garbage into recyclable, reusable or other components for which economic markets for alternative uses exist. ADOPTED SPECIAL COM MITTEE OF EDUCATOIN (DEMONE A. SMITH, CHAIRMAN) NO. 85 LP CIMINELLI BOARD PACKET DOCUMENTS- SEPTEMBER2012 (C.C.P #39 10/16) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 86 BY COUNCILMEMBER LOCURTO ENTITLING SEASONAL SANITATION WORKERS TO BACK WAGES Whereas, the City of Buffalo enacted a Living Wage Ordinance in 1999 and amended it in 2003 and 2007, Buffalo City Code 96 -19; and, Whereas, the Living Wage Ordinance authorizes the Living Wage Commission under Section G(1) "To hold public and private hearings and take testimony under oath, "and" to issue and make public written findings of complaints or other allegations of noncompliance;" and, Whereas, The Living Wage Commission held a public hearing on June 11 2007 to consider grievances filed by ten City of Buffalo employees -all "seasonal" sanitation workers - alleging that they were not being paid a living wage; and, Whereas, The Living Wage Commission found that the City had violated the Living Wage Ordinance by failing to pay of its employees a living wage. The Commission further found that complying with the Ordinance would not violate the wage freeze imposed by the Fiscal Stability Authority; and, Whereas, the Living Wage Commission's recommendations included back wages to make the workers whole; and, Whereas, a decision by the Supreme Court of the State of New York has been rendered and affirmed by the Appellate Division in favor of the "seasonal" sanitation workers being entitled to hourly wages in accordance with the Living Wage Ordinance throughout the wage freeze imposed by the Buffalo Fiscal Stability Authority from April 4, 2004 to July 1, 2007; and, Whereas, in April of this year, State Supreme Court Justice Timothy Drury ruled again in favor of the "seasonal" sanitation workers regarding computation of back wages to be awarded throughout the wage freeze; and, Now, Therefore, Be it Resolved, That: The "seasonal" sanitation workers are entitled to back wages, dating back to August 4, 2003, when the City became a covered employer, and including the period of the wage freeze from April 4, 2004 to July 1, 2007. The wage restitution should completely compensate the employees for the difference between their actual wages and the applicable living wage rate and should include interest at the current prime rate on all lost wages. Be it Further Resolved that: A copy of this resolution be sent to the appropriate committee and to relevant city departments, including the Department of Law and the Office of the Mayor. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL NO. 87 BY MR. PRIDGEN SET PUBLIC HEARING REQUEST TO AMEND LDA - OAK MICHIGAN INDUSTRIAL CORRIDOR PHASE IIB BLOCK 21 - 140 GENESEE STREET UNILAND DEVELOPMENT COMPANY - REDEVELOPER WHEREAS, Uniland Development Company and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has executed a Land Disposition Agreement for the sale of 140 Genesee Street, also known as Block 21 in the Oak Michigan Industrial Corridor Phase 1113 Urban Renewal Area; and WHEREAS, the terms of the Land Disposition have been amended; and WHEREAS, the terms of said Amended Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 17 day November 2012. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 27th of November 2012. ADOPTED NO. 88 BY: COUNCILMEMBER DARIUS PRIDGEON REQUEST TO AMEND LDA OAK MICHIGAN INDUSTRIAL CORRIDOR PHASE IIB BLOCK 21 - 140 GENESEE UNILAND DEVELOPMENT COMPANY- REDEVELOPER WHEREAS, the Buffalo Urban Renewal Agency has duly designated Uniland Development Company and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Amendment to the Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. Uniland Development Company and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 140 Genesee Street, also known as Block 21 in the Oak Michigan Industrial Corridor Phase IIB Urban Renewal Area. 2. That the Mayor, the Chairman, Vice - Chairman, or an3i officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to amend the "Land Disposition Agreement" between the City of Buffalo Urban Renewal and Uniland Development Company and /or other legal entity to be formed. REFERRED TO COMMITTEE ON CONNUNITY DEVELOPMENT. BY: MR. PRIDGEN NO. 89 ORDINANCE AMENDMENT Chapter 511, Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That the second section numbered Section 511 -68.6 of the Code of the City of Buffalo be amended to read as follows: Section 1. §511-68.8 [§ 511 -68.6] A.The Downtown Entertainment Review District, as hereinafter limited and described shall be known as the "Downtown Entertainment Review District." B. Limits and Description. The Downtown Entertainment Review District shall include all properties within the area bounded: on the North, by the centerline of Tupper Street, on the East by all properties fronting on the East Side of Main Street, on the West by all properties fronting on the West Side of Elmwood Avenue and on the South by the Center line of Seneca Street. C. Legislative Intent. (1) The Common Council finds that, in the Downtown Entertainment Review District, there has been an increase in the amount of alcohol - related, criminal and violent activities involving individuals under the age of twenty -one years of age who have been illegally served alcohol in this district, resulting in confrontations and criminal activity within the public rights -of -way and open spaces located within this district. (2) The Common Council further finds that this increase in alcohol - related, violent and criminal activity has threatened the vitality of the district and that the balance between the general public's right to use and enjoy these public spaces and to legally patronize establishments that serve alcohol and the fight of those under 21 years of age to use and enjoy said public spaces is being jeopardized by these alcohol - related incidents. (3) The Common Council further finds that events which permit comingling of patrons who are under or over 21 years of age without adequate security plans or personnel to insure that those under the age of twenty -one are not served or able to consume alcohol has increased the likelihood of criminal activity against pedestrians, motorists and property and resulted in excessive noise, annoyance, vandalism and interference with the general public's right to use and enjoy these public spaces, particularly between the hours of 10:00 pm at night and 4:00 am the following morning. D. Permitted Uses. Any of the uses which presently are permitted pursuant to this Chapter of the Code of the City of Buffalo or which may be established or extended as a matter of right pursuant to said Code, except those uses herein restricted, shall be permitted uses within the Downtown Entertainment Review District. E. Restricted Uses. (1) Any tavern licensed to serve alcohol at a particular establishment by the New York State Liquor Authority shall not permit the entry of or continued presence of patrons under the age of 21 years of age at any such establishment within the Downtown Entertainment Review District between the hours of 10:00 pm at night and 4:00 a.m. the following morning without first having applied for and received a restricted use permit in accordance with this section. (2) For purposes of this section a "tavern" is defined as an establishment where alcoholic beverages are sold for on -site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages, except for a bar located in a hotel or motel. Examples of public places not deemed to be "taverns" within this definition include, but are not limited to, restaurants that do not have licenses to serve spirits, catering halls, bowling alleys, billiard parlors, roller rinks, pizzerias, laundromats, game rooms, and gas stations, malls, convenient stores, hotel or motel lobbies, concert, musical or stage production venues or theaters, schools and amusement, entertainment and recreational facilities. F. Application for Restricted Use Permit: Any person seeking to hold an [a single] event, [a series of events or a reoccurring event,] which would permit the entry or continued presence of patrons under the age of twenty -one on his or her premises, while alcohol is being served to those patrons over the age of twenty -one, between the hours of 10:00 pm and 4:00 am the following morning within the Downtown Entertainment Review District, shall file an application for a Restricted Use Permit on forms to be supplied by the City Clerk, together with the fee provided for restricted use permits in Chapter 175, Fees, at least sixty [14] days prior thereto. Said forms shall be filled out by the applicant and approved as to Form by the Department of Permits and Inspections' Office of Licenses. The City Clerk shall forward the application to the Common Council, the immediately after the filing of the application. G. Said forms shall include the name, date and time of the event, [whether the event is one time only or recurring,] how many people are anticipated to attend said event, how many security personnel will be utilized to provide security at said event, any promoter that has been retained to promote said event, the proposed times during which the event shall start and end, what safeguards will be undertaken to insure that all patrons under the age of 21 years of age are easily identifiable as such and any other information deemed pertinent to the City Clerk and included on said Restricted Use Permit Application Form for the Downtown Entertainment Review District. The City Clerk shall forward such application to the Buffalo Police Department district in which the applicant premises are located and to the Director of Inspections, Licenses and Permits no later than 7 days after the filing of the application. H. Notice and Hearing. The Common Council shall publish a notice in a newspaper of general circulation in the City of Buffalo setting forth the name of the applicant, the location and owner of the property, the proposed special use and the time and place of a public hearing to held by the Committee on Legislation no sooner than five business days after the day of publication. I. Recommendation by Department of Police, Division of Inspections, Licenses and Permits, Legislation Committee. Following such public hearing, the Department of Police and the Division of Inspections, Licenses and Permits shall forward to the Legislation Committee their recommendations with regard to the application and any restrictions the recommend be attached to the permit, if it is issued. The recommendations shall be made no later than ten days after the filing of the application. (1) The report of the Department of Police shall include: (a) The number of 911 complaints received, if any, by the Department concerning the applicant premises over the previous twenty -four months; (b) The number of summonses issued, if any, at the applicant premises over the previous twenty -four months; (c) The number of arrests made, if any, at the applicant premises over the previous twenty -four months; and (d) The number of underage drinking complaints made, if any, at the applicant premises over the previous twenty -four months. (e) The report shall also include the Department's recommendation whether a permit should be issued or denied based upon such factors as, but not limited to: past enforcement problems at the premises; conflicting staffing demands on the Department for the date requested; excessive overtime costs that would be incurred on the requested date; anticipated crowd control or public safety protection concerns raised when an applicant requests a date that coincides with other events in the Downtown Entertainment Review District that are expected to place additional public safety demands on the Department; other public safety or operational problems that would occur if the permit were granted. (2) The Director of Inspections, Licenses and Permits shall inquire of the New York State Liquor Authority whether any actions have been taken against the applicant's or the premises liquor license over the past twenty -four months, and whether there are any license actions pending against the applicant or the premises. The report shall include: (a) The responses of the New York State Liquor Authority: (b) A report of inspections of the premises upon which the restricted use is proposed is located to ascertain compliance with all ordinances applicable to the property affected. J. [H.] Decision by the Common Council. The Common Council may authorize and direct the approval or denial of the issuance of the restricted use permit on the basis of the effect of such a permit on the public health, safety or general welfare within the Downtown Entertainment Review District. The Common Council shall attach to such permit such restrictions as are necessary to or desirable in its judgment to ensure the compatibility of the proposed use with the surrounding area and the overall health, safety, welfare and development of the community. Restrictions Or limitations may include limitation of the number of persons authorized to attend the event, limitation of the number of hours during which the event may operate, or other restrictions as may be recommended by the Department of Police or Division of Licenses, inspections and Permits. No applicant may be issued more than one restricted use permit in any calendar month. When two or more applicants apply for restricted use permits for the same date, applications shall be considered in the order in which filed with the City Clerk. K. [I] Compliance: Any person found in violation of this Section shall be immediately have the premises closed by any Buffalo Police Officer or any officer of the Department of Permits and Inspection Services and shall not be allowed to reopen until the following business day. L. Revocation: Upon submission to the Common Council of a written report of the enforcing official of the City that a restricted use permit holder or any other business owner in the Downtown Entertainment Review District is in violation of this Ordinance 6 or the conditions established, a hearing shall be scheduled by the Office of Licenses, at which time any Licensee or Restricted Use Permit Holder in the Downtown Entertainment Review District shall have the opportunity to appear and dispute the charge. The Office of Licenses shall then make a recommendation to the Commissioner of Permits and Inspections Services, who shall have the authority to revoke and /or all licenses issued by the Department of Permits and Inspections Services. [L. Exceptions: (1) This Section shall not prohibit any person from allowing co- mingling on Thursday nights between 10:00 pm on said Thursday night and 4:00 a.m. the following Friday morning within the Downtown Entertainment Review District. (2) The Thursday Night exception from the prohibition of comingling contained in §511- 68.6(K)(1) above shall expire on October 2, 2012, provided that this section is not amended prior thereto.] §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION By: Allen Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD BY: MR. SCANLON NO. 90 Whereas Neighborhood meetings are beneficial to our community and an important tool for open communication; and Whereas Meetings in the community serve as a way for neighbors to communicate with one another and with their elected officials in order to address problems and formulate solutions to improve the neighborhood; and Whereas Erie County Legislator Lynne Dixon will be hosting a district outreach meeting at the Tosh Collins Community Center on Monday, November 19, 2012; and Whereas All residents of the community are encouraged to attend this meeting and discuss issues they feel are important to them and our neighborhoods; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo hereby waives any and all fees associated with the usage of the Tosh Collins Community Center community meeting room for the district outreach meeting on Monday, November 19, 2012; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 BY: DEMONE A SMITH NO. 91 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: James P. Davis Maureen A. Lewis TOTAL:2 ADOPTED NO. 92 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, November 20, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, November 20, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, November 20, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, November 20, 2012 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 93 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:33 PM GERALD A. CHWALINSKI CITY CLERK