The URL can be used to link to this page

Home My WebLink About13-0305 (2)NO. 5 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 5, 2013 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 MARCH 5, 2013_ FINAL MAYOR MAYOR - EXECUTIVE 1. Plan Bd -SEQR Negative Declaration 2017 Bailey(Lov) R &F 2. Plan Bd -SEQR Negative Declaration- 1610,1614,1616 & 1618 Main(Ell) R &F 3. Plan Bd- SEQR Negative Declaration -1176 South Park(Lov) R &F 4. Strat Plan- Approval of Contract with Empire State Dev Corp for Restore III Grant - Fairfield Library APP 5. Strat Plan- Report of Sale 59 Hamilton(North) APP 6. Strat Plan- Report of Sale 44 Liddell(Fill) APP COMPTROLLER 7- 6A. Additional Info on Federal Financial Assistance R &F 8- 7. Common Council Discretionary Funds Audits R &F 9- 7A Certificate of Necessity- Common Council R &F 10- 8. Appoint Assistant Auditor(Prov)(Max)(Hwang) CS 11- 9. Appoint HUD Grants Fiscal Administrator (Prov)(Max)(Hlavaty) CS PUBLIC WORKS 12- 10. Permission to Engage Services of Consulting Engineer- City -wide Curb and Sidewalk Projects APP 13- 11. Permission to Engage Services of Consulting Engineer - Island Curb Replacements And Durham St Reconstruction APP 14- 12. Permission to Engage Services of Consulting Engineer - Public Facilities Improv- Park/Playground CDBG YR38 APP 15- 13. Permission to Engage Services of Consulting Engineer - Public Facilities Improv- Old First Ward Comm Ctr Rehab CDBG YR 38 APP 16- 14. Permission to Engage Services of Consulting Engineer - Public Facilities Improv- Schiller Pk Sr. Ctr Rehab CDBG YR38 APP 17- 15. Permission to Engage Services of Consulting Engineer - Public Improv- Streets/ Sidewalks CDBG YR38 APP 18- 16. Permission to Hire Consultant -City Hall Exterior Lighting, Niagara Sq. Lighting IT Room Air Conditioning(Ell) APP 19- 17. Report of Bids 2013 Block Pruning Citywide APP 20- 18. Report of Bids Broderick Park Improv Projects(Nia) APP 21- 19. Report of Bids City Hall Fire Detection /Alarm System(Ell) APP 22- 20. Report of Bids Citywide Tree Removals APP 23- 21. Report of Bids Museum of Science -Mech Reconstr Air Monitoring for Asbestos Abatement(Masten) APP 24- 22. Report of Bids Nia Sq Infrastructure Impr(EII) APP 25- 23. Request Permission to Enter Agmnt- Assignments of Grants and Grant Proceeds Btwn Bflo Nia Riverkeeper and COB - Broderick Pk Ph I APP POLICE 26- 24. Drug Asset Forfeiture Wire Transfers R &F FIRE 27- 25. Permission to Hire Consultant Fire Dept -Quick Action Plans APP PERMITS AND INSPECTIONS 28- 26. Food Store(New) 345 Potomac AKA 351 Potomac(Nia) APP 29- 27. Second Hand Dealer 3129 Bailey(Univ) APP 30- 28. Second Hand Dealer 1853 Genesee(Lov) APP 31- 29. Used Car Dealer 2292 Bailey(Lov) APP ADMINISTRATION AND FINANCE 32- 30. Second Quarter Gap 2012 -2013 FIN COMMUNITY SERVICES 33- 31. Request to Approve CDBG Funding Under Subrecipient Agmnt With Bflo Urban League APP ZONING BOARD 34- 32. Approval of Area Variance -1001 Main St Conventus Medical Office Bldg R &F 35- 33. SEQRA Findings -1001 Main St Conventus Medical Office Bldg R &F CITY CLERK 36- 34. Board of Ethics Minutes - January 2013 R &F 37- 35. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (3/22/13) APP 38- 36. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (3/30/13) APP 39- 37. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (4/13/13) APP 40- 38. Liquor License Applications R &F 41- 38A. Leaves of Absence R &F 42- 39. Notices of Appointment - Seasonal R &F 43- 40 .Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 44- 40A. T. Barrett - Concerns Staffing at Fire Scenes CS 45- 40B. J. Golombek -G. Patterson - Tanski- Support for Richardson Ctr Corp Rezoning Of Richardson Olmsted Complex 400 Forest Ave R &F 46- 40C. T. Herrera - Mishler -Bflo Olmsted Pks Consery Support for Rezoning of Richardson Olmsted Complex 400 Forest Avenue R &F 47- 41. F. Kowsky - Support Rezoning for Richardson Ctr Corp 400 Forest R &F 48- 42. M. LoCurto- Elmwood Village Assoc -Green Code Comments CD,CPBD,OSP 49- 43. C. Paladino- Correspondence Reg Amanda Wienckowski LEG 50- 44. D. Pridgen -J. Booth - Public Safety Crosswalks CD 51- 45. D. Pridgen -Non Baseball Events Held at Yankee Stadium CD 52- 45A. D. Pridgen -SEAR Finding Statement Women's and Children's Hosp- BNMC Campus R &F 53- 45B. L. Rubin - Certificate of Relief from Disabilities A. Weitsman R &F 54- 46. L. Rubin -Req Lead Agency Status Michigan St African American Heritage Corr APP 55- 47. B. Russell - Article -Store Owner Charged in Tobacco Sale to Minor BRTF 56- 47A. M. Stenger- Summary of WNY Food Truck Assoc Issue Positions LEG 57- 48. A. Walters- Opposition for Wholesale Junk Dealer and Scrap Processors' License 409/427 Hertel, 204/320 Military R &F PETITIONS 58- 49. W. Breeser, Owner, Use 1270 Niagara St. to Convert a Warehouse to a Fitness Center in the Niagara River Coastal Special Review Dist(Nia)(hrg 3/12) LEG,CPBD 59- 50. J. Glavey, Owner, Use 904 Abbott, For Outdoor Cafe(Hrg 3 /12)(South) LEG,CPBD,ZONING 60- 51. P. Strada, Agent, Use 396 Kenmore, For a Freestanding Pole Sign with LED Component(no hrg)(Univ) LEG,CPBD 61- 52. S. Herbert & O- Questions Reg MLK Park PW 62- 53. A. Szczepaniec & O- Opposition for Scrap Yard 406 Hertel /276 Military Rd R &F RESOLUTIONS 87- 54. Fontana Member Appointments to Cat Task Force(Reese, Chomyn, Carr, Licata, Harris, McCartney, Offhaus, L. Robinson) ADOPT 88- 55. Fontana Member Appointment to Task Force(A. Robinson) ADOPT 89- 55A. Franczyk Waive Permit Fees for Central Terminal Annual Dyngus Day Celebration APP 90- 56. Franczyk,etc Battaglia Transfer Station -Appl to NYS DEC 1037 -1055 Seneca St. SEQR Lead Agency Coordination ADOPT ----- - -56A. GolombekDenial of Scrap Processors' License App. for 409 Hertel WITHDRAWN 91- 57. LoCurto Reason for Denial of Food Store License App. 2248 Main St ADOPT,BRTF 92- 58. Pridgen Moratorium on Demolitions in the Michigan St African American Heritage Corridor APP 93- 59. Pridgen Support World Wildlife Annual Earth Hour Campaign ADOPT 94- 60. Russell Budget & Personnel Amendment -CC# 10 APP 95- 60A Scanlon Transfer in Funds - Common Council APP 96- 60B. Scanlon Urge COB to Reevaluate Their Relationships with Banks that Refuse to Be Responsible Neighbors ADOPT 97- 61. Smith Give Bflo and WNY A Level Playing Field With NY Television and Film Production Tax Credit ADOPT 98- 62. Smith Comm of Deeds Public Duties ADOPT 99- 63. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 63- 1. Com 36 Feb 19 Appoint Laborer II (Tern p)(Max)(Lorenzo)(PW) APP 64- 2. Com 52 Feb 19 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 65- 3. No 53 May 29 D, Smith -C. Perales -Info Re Reward for a New Gov't Performance Program R &F 66- 4. No 35 Feb 7 M. Kearns - Concerns Lease Agmts Btwn COB and Non - Profit Partners R &F COMMUNITY DEVELOPMENT 67- 5. Res 109 Feb 19 Name City -Owned Pocket Park 33 Whitney PI -"Patty Parete Park" ( Franczyk) (hrg 3/5) APP 68- 6. Com 4 Feb 19 SEQR -Site Plan Approval Metal Recycling Facility 409 -427 Hertel 204/320 Military(North)(Plan Bd) R &F 69- 7. Com 6 Feb 19 Kaleida Health Req Easement Rights at Ellicott and Goodrich Streets(Hrg 3 /5)(Strat Plan) APP 70- 8. Com 23 Feb 19 388 Delaware The Buffalo Club- Encroachments in City ROW(PW) APP 71- 9. No 65 Feb 19 D. Pridgen Petition From N. Green & O Re Unified Code for Outdoor Wood Boilers LEG LEGISLATION 72- 10. No 60 Feb 19 S. Wang, Owner, Use 3233 Bailey, To Erect a 1 Story Restaurant With 1 Apartment(Hrg 2 /26)(Univ) APP 73- 11. No 61 Feb 19 D. Eoannou, Agent, use 1416 Hertel for Sidewalk Cafe in The Special Zoning District(hrg 2/26)(Del) APP 74- 12. No 62 Feb 19 V. Cali, Owner, Use 1456 Hertel to Establish Restaurant and Sidewalk Cafe In Hertel Ave Special Zoning District(hrg 2/26)(Del) APP 75- 13. No 63 Feb 19 C. Auerbach, Agent, Rezone 400 Forest for A Mixed Use Campus /Boutique (hrg 3 /5)(North) RECOMMIT 76- 14. Com 40 Feb 19 Food Store (New) 626 Colvin AKA 630 Colvin (Del)(EDPI) APP 77- 15. Com 42 Feb 19 Food Store (New) 177 French (Fill)(EDPI) RECOMMIT 78- 16. Com 44 Feb 19 Used Car Dealer 160 Abbott(South)(EDPI) RECOMMIT 79- 17. No 105 Feb 19 F. Crngarov, Owner, Use 2516 Main -For Underground Storage Tank, Erect 1 Story Masonry Retail Q /Fuel Station and Pole Sign(hrg 1/29)(Del)( #58,1/22) RECOMMIT 80- 18. No 50 Nov 13 D. Pridgen -S. Mathis - Concerns Incident at Bottoms Up R &F 81- 19. Res 83 Oct 2 Cat Licensing in the COB(Pridgen) R &F 82- 20. Com 42 May 1 Response Illegally Placed Advertising Signs R &F 83- 21. Res 92 Mar 6 Enforcement of Property Maintenance Codes Relating to Missing Garage Doors(exc res) R &F 84- 22. No 84 Jan 22 Second Hand Dealer -442 Wllllam(Ell)(EDPI)( #22,11/27) APP 85- 23. No 95 July 24 Scrap Processor 409 Hertel(North)(EDPI)( #39,6/26)( #67,7/10) DENY 86- 24. No 96 July 24 Wholesale Junk Dealer 409 Hertel(North)(EDPI)( #40,6/26)( #68,7/10) DENY CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 5, 2013 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 - On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on February 19, 2013 were approved. FROM THE MAYOR ROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR NEGATIVE DECLARATION 2017 BAILEY (LOV) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE Tins notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Grace House Lodging Phase II Location: 2017 Bailey Avenue Type of Action: Unlisted- Coordinated Description: Creative Structures Services on behalf of Saving Grace Ministries is proposing the construction of an eight unit apartment building located at 2017 Bailey Avenue, Buffalo New York. The proposed building is a two story, 4000 Sq. Ft. - 8 unit apartment building to be built on a vacant lot, purchased from the city of Buffalo. The parking for this site will be located on 222 Doat Street a separate site near the new development. The current owner has agreed to proposed parking arrangements. The construction cost is approximately $800,000 dollars and the start of construction is planned for June, 2013 with an eight month duration. A community meeting is scheduled with all the residents within 400' as well as the councilmember being notified or the project recently. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This development will provide a well- manicured, neat and clean housing opportunity that will have a positive effect on the community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. These are primarily short - term construction related impacts. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: February 26, 2013 RECEIVED AND FILED NO. 2 PLAN BD -SEQR NEGATIVE DECLARATION-1610,1614,1616 & 1618 MAIN (ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dollar General Location: 1610, 1614, 1616, & 1618 Main Street Type of Action: coordinated- unlisted Description: DiDonato Engineers & Design Professionals on behalf of Dollar General is proposing the construction of a new retail store located at 1610, 1614, 1616, & 1618 Main Street Buffalo New York, The proposed structure will be a 9t go sq, ft, retail store, The parking required for the proposed site is 30 spaces; the site plan depicts 31 spaces with two of the spaces designated for handicap use, The zoning of this site is CM, General Commercial District that would allow for retail use, The construction of this store will deviate from their standard design in that instead of stamped metal panels, the store will be constructed using decorative split face CMU and include windows (some faux) on all elevations except the rear, The building will be built to the front property line with a front corner entrance, bike rack and parking, New landscaping and fencing will meet the city requirements, This project is privately funded, As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will benefit the community in that it will provide a new store that will be beneficial to the surrounding community as well as un- improved lots that have been vacant for over 30 years There ere no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact. Marty Grunzweig, Lane use Controls Coordinator Room 901 City Hall, Buffalo New York 14202 - 716 861 -5085 Dated: February 12, 2013 RECEIVED AND FILED NO. 3 PALN BD -SEQR NEGATIVE DECLARATION -1176 SOUTH PARK (LOV) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Riverband Shoreline Ecological Restoration Phase I Location: 1176 South Park Avenue Type of Action: Unlisted - Coordinated Description: Niagara Riverkeeper is proposing the shoreline restoration on the Buffalo River located at 1176 South Park Avenue Buffalo New York. This is Phase I of a two phase effort to restore the bank area of the Buffalo River on or near 1176 South Park Avenue, Buffalo New York. Phase I is located on the south east bank of the river just upstream of the City of Buffalo property associated with the South Park Avenue Bridge upstream to the edge of the Conrail railroad right of way. The project site has a long history of heavy industrial activity in the form of steel making and is located within the greater South Buffalo Brownfield Opportunity Ares. (BOA). The former steelmaking facilities have been removed and the site remediated, but ecological function and habitat of the site are impaired by a high density of invasive plant species, low vegetative diversity, poor soils comprised largely of deposited slag and debris, little to no active hydrologic connection to the Buffalo river, and limited recreational activities. The over- arching purpose of the project is to contribute to the delisting of the Buffalo River as an International Joint commission Area of Concern (AOC) by addressing beneficial use impairment (BUI) # 14 - Loss of Fish and Wildlife Habitat. The completion of this phase will contribute to the delisting goal through the control and management of invasive plant species, re- establishment of a more natural grade to the shoreline in targeted location, and the installation of a more natural grade to the shoreline In targeted locations, and the installation of native plants and mixes. The Riverbend site was identified as a priority area for shoreline restoration as part of several planning documents, including the Buffalo Greenway Plan, the South Buffalo BOA Master plan and the Riverbend Master plan. Project design was developed to be consistent with these plans, all of which call for a zone of Public green space along the Buffalo River Shoreline. In addition to bringing the Buffalo River on step closer to delisting, completion of this project will create a natural setting for an anticipated trail network that will connect people to the waterfront, providing positive results for both the community and their environment. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows Not constructing this project will mean the Riverbend site will continue to be an obstacle to the delisting of the Buffalo river and this section of the river will remain in its deteriorated and underutilized condition. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Marty Grunzweig Land use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085 Dated: February 12, 2013 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.4 STRAT PLAN - APPROVAL OF CONTRACT WITH EMPIRE STATE DEV CORP FOR RESTORE III GRANT - FAIRFIELD LIBRARY Approval of Contract with Empire State Development Corporation for a Restore III Grant Award of up to $500,000 for the Commercial & Mixed -Use - Fairfield Library, Project# X110 PRIOR COUNCL REFERENCE: Item No. 108, CCP, Mar. 31, 2009 The City of Buffalo has obtained grant funding commitments from the Empire State Development Corporation for $14.32 million of Restore III awards, including $500,000 for the renovation of the former Fairfield Library, 1659 Amherst Street. Fairfield Commons, LLC, a subsidiary of Creative Structures Services, Inc., purchased the vacant building from the City in mid -2012 and CSS began renovations in October 2012. When completed in March 2013, the former vacant structure will be transformed into 1,000- square -feet of office space, two market -rate two - bedroom loft -style apartments, and three market -rate one - bedroom apartments. I am recommending that Your Honorable Body authorize the City to contract with the Empire State Development Corporation (ESDC) for the $500,000 portion of the Restore III Grant award (X110) and to contract with Creative Structures Services, Inc., or a subsidiary thereof, to receive the $500,000 as Beneficiary of the ESDC Contract with the City. The Mayor's Office of Strategic Planning is requesting that Your Honorable Body hereby: 1. ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments; 2. authorize the Mayor or his designee to execute the necessary grant funding agreements (in substantially the same form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; and 3. authorize other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant funding, including transfer of the grant funds to Creative Structures Services, Inc. or a subsidiary thereof, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. Brendan Mehaffy, Esq. Executive Director, Office of Strategic Planning Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated February 28, 2013, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to contract with the Empire State Development Corporation for $500,000.00 in grant funding for the renovations of the former Fairfield Library, located at 1659 Amherst Street; and That the Common Council hereby ratifies and confirms the prior application materials submitted to obtain the grant funding commitments; authorizes the Mayor or his designees to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; and authorizes other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant funding; including transfer of the grant funds to Creative Structure Services, Inc. or a subsidiary thereof, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. Motion to Recuse Mr. Pridgen from the vote PASSED AYES 8, NOES 0 NO. 5 STRAT PLAN - REPORT OF SALE 59 HAMILTON(NORTH) 59 Hamilton, 50.50' E Dearborn Lot Size: 32'x 33' Assessed Valuation: $2,200 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Stephen Gabor, Jr., 259 Dearborn Street, Buffalo, New York 14207 to purchase 59 Hamilton Street. Mr. Gabor owns and resides at 259 Dearborn and is presently in the process of acquiring 261 Dearborn under the Urban Homestead Program. Mr. Gabor intends to purchase 59 Hamilton, clean and beautify the area and use the vacant lot for green space, which is adjacent to his property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy Cents ($70) per square foot. Mr. Gabor has agreed and is prepared to pay Six Hundred Dollars ($600), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 59 Hamilton Street to Mr. Stephen Gabor, Jr. in the amount of Six Hundred Dollars ($600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Christie R. Nelson Director of Real Estate Office of Strategic Planning Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated February 19, 2013, be received and filed; That the offer from Mr. Stephen Gabor, Jr., of 259 Dearborn Street, Buffalo, New York 14207, in the amount of Six Hundred Dollars ($600.00) for the purchase of 59 Hamilton, 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 STRAT PLAN - REPORT OF SALE 44 LIDDELL (FILL) Report of Sale 44 Liddell, 430' N Broadway Lot Size: 30'x 107' Assessed Valuation: $1,400. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Rita R. Rusin, 50 Liddell Street, Buffalo, New York 14212 to purchase 44 Liddell Street. Ms. Rusin owns and resides at 50 Liddell Street and also owns the vacant lot at 52 Liddell which are adjacent to 44 Liddell Street. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Two Cents ($.32) per square foot to Fifty Cents($.50) per square foot. Ms. Rusin has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100), Thirty Five Cents ($.35) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 44 Liddell Street Avenue to Ms. Rita R. Rusin in the amount of One Thousand One Hundred Dollars ($1,100). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Christie R. Nelson Director of Real Estate Office of Strategic Planning Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated February 19, 2013, be received and filed; That the offer from Ms. Rita R. Rusin, of 50 Liddell Street, Buffalo, New York 14212, in the amount of One Thousand One Hundred Dollars ($1,100.00) for the purchase of 44 Liddell, 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 FROM THE COMPTROLLER NO. 7 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE This. is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2012 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Dansa & D'Arata, LLP for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or May 30, 2013. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 8 COMMON COUNCIL DISCRETIONARY FUNDS AUDIT Attached please find the audit of the Common Council Discretionary Funds. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. Mark J. F. Schroeder Comptroller Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY - COMMON COUNCIL Transfer of Funds We, Byron W. Brown, Mayor and Mark d. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $112,456 be transferred and reappropriated as set forth below: From: 10102001 - 412002 Hourly $102,778 1010401 - 411001 Annual Salary Councilmember Smith $ 9,678 To: 10220006 - 434000 Other Contractual Services $112,456 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 10 APPOINT ASSISTANT AUDITOR(PROV)(MAX)(HWANG) Appointment effective 2/25/13 in the Department of Audit and Control Division of Audit to the Position of Assistant Auditor Provisional Open - Competitive, Maximum, Starting Salary of $44,375 Mi -ae Hwang, 616 Starin Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 11 APPOINT HUD GRANTS FISCAL ADMINISTRATOR (PROV)(MAX)(HLAVATY) Appointment effective 2/25/13 in the Department of Audit and Control Division of Audit to the Position of HUD Grants Fiscal Administrator Provisional Open- Competitive, Maximum, Starting Salary of $65,398 Aubrey Hlavaty, 534 McKinley Parkway, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND CONSTRUCTION SERVICES FOR CITY -WIDE CURB AND SIDEWALK PROJECTS I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The costs for consulting services are estimated not to exceed $250,000.00. The funds are available in Capital account(s) 35314506 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account 35314506 445100 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 13 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND CONSTRUCTION SERVICES FOR CITY -WIDE BOND SPECIFIC ISLAND CURB REPLACEMENTS AND DURHAM STREET RECONDSTRUCITON I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The costs for consulting services are estimated not to exceed $250,000.00. The funds are available in Capital account(s) 35314506 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account 35314506 445100 and /or an account to he named at a later date. PASSED NO. 14 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS -PARK / PLAYGROUND IMPROVEMENTS CDBG YR38 LOCAL ID NO. 50200 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Park / Playground Improvements; CDBG YR38, Local ID NO. 50200. The Park / Playground improvements will provide new roofs and interior improvements for shelters and concession stands at the Kensington Pool House, Schiller Park. J.H. Williams Park, Manhattan Park, Walden Park & Prospect Park. Improvements will also include the demolition of old concessions and provide landscaper restoration at the Roosevelt Park, Mullen Park and Dewey Park. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $140,000.00. The funds are available in Capital account CH9132007- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Park/Playground Improvements; CDBG YR38, Local ID No. 50200. The Park/Playground Improvements will provide new roofs and interior improvements for shelters and concession stands at the Kensington Pool House, Schiller Park, J. H. Williams Park, Manhattan Park, Walden Park and Prospect Park. Improvements will also include the demolition of old concession stands and provide landscaper restoration to the Roosevelt Park, Mullen Park and Dewey Park. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9132007- 470000. PASSED AYES 9, NOES 0 NO. 15 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS -OLD FIRST WARD COMMUNITY CENTER REHABILITATION CDBG YR38, LOCAL ID NO. 05200 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Old First Ward Community Center Rehabilitation; CDBG YR38, Local ID No. 05200. Rehabilitation of the Old First Ward Community Center will include roof replacement and insulation improvements. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $34,500.00. The funds are available in Capital account CH9G2007- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Old First Ward Community Center Rehabilitation; CDBG YR38, Local ID No. 05200. Rehabilitation of the Old First Ward Community Center will include roof replacement and insulation improvements. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9G2007- 470000. PASSED AYES 9, NOES 0 NO. 16 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS - SCHILLER PARK SENIOR CENTER REHABILITATION CDBG YR38, LOCAL ID NO. 03200 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Schiller Park Senior Center Rehabilitation; CDBG YR38, Local ID NO. 03200. Rehabilitation of the Schiller Park Senior Center will include roof replacement and interior improvements. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $57,500.00. The funds are available in Capital account CH9E2007- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Schiller Park Senior Care Rehabilitation; CDBG YR38, Local ID No. 03200. Rehabilitation of the Schiller Park Senior Center will include roof replacement and interior improvements. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9E2007- 470000. PASSED AYES 9, NOES 0 NO. 17 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE PUBLIC IMPROVEMENTS - STREETS / SIDEWALKS CDBG YR38, LOCAL ID NO. 50202 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Streets / Sidewalks CDBG YR38, Local ID No. 50202. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $193,600.00. The funds are available in Capital account CH9132027- 470000. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Streets /Sidewalks CDBG YR38, Local ID No. 50202. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9132027- 470000. PASSED AYES 9, NOES 0 NO. 18 PERMISSION TO HIRE CONSULTANT CITY HALL EXTERIOR LIGHTING, NIAGARA SQUARE LIGHTING, IT ROOM AIR CONDITIONING REPLACEMENT JOB #1302 ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire a consultant to provide architectural and engineering services for the following projects: • City Hall Exterior Lighting • Niagara Square Lighting • City Hall IT Room Air Conditioning Replacement The costs for consulting services are estimated not to exceed $66,990.00. The funds are available in bond account(s) 38320806 445100, 33321206 445100, and an account to be named at a later date. The consultant will be chosen through a Request for Qualification (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for City Hall exterior lighting, Niagara Square lighting, and City Hall IT room air conditioning replacement. The consultant will be chosen through a Request for Qualifications process. Funds are available in bond account(s) 38320806 445100, 33321206 445100, and an account to be named at a later date. PASSED AYES 9, NOES 0 Schneck's Tree Removal, Inc. NO. 19 2861 Southwestern Blvd. REPORT OF BIDS Orchard Park, New York 14127 2013 BLOCK PRUNING Scott Lawn Yard, Inc. CITYWIDE 5552 Townline Road GROUP #772 1 advertised for on February 11, 2013, and received the following formal sealed bids for the 2013 Block Pruning, which were publicly opened and read on February 22, 2013. Mays Tree Service, Inc. $97,500.00 Total Bid Tree Services of WNY, LLC $64,750.00 41 William Street Terry Tree Service, LLC. Tonawanda, New York 14150 225 Ballantyne Road Schneck's Tree Removal, Inc. $72,700.00 2861 Southwestern Blvd. REPORT OF BIDS Orchard Park, New York 14127 BRODERICK PARK Scott Lawn Yard, Inc. $75,550.00 5552 Townline Road JOB #1286 Sanborn, New York 14132 NIAGARA DISTRICT Mays Tree Service, Inc. $97,500.00 P.O. Box 540 CONTRACT A - GENERAL CONTRACTOR Lancaster, New York 14086 Base Bid Terry Tree Service, LLC. $117,285.00 225 Ballantyne Road Rochester, New York 14623 $1,171,485.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Services of WNY, LLC with a Total Bid of Sixty Four Thousand Seven Hundred Fifty and 00/100 ($64,750.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Eighty Three Thousand Seven Hundred Eighty Eight and 00/100 (83,788.00). Funding for this project is available in 14570006 - 480000. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of tile Department of Public Works, Parks and Streets to enter into an agreement for the 2013 Block Pruning, City -wide, with Tree Services of WNY, LLC in the amount of $64,750.00. Funds for this project are available in Account #14570006 - 480000. PASSED AYES -9 NOES -0 P.O. Box 250 - Spring Brook, NY 14140 NO. 20 REPORT OF BIDS BRODERICK PARK IMPROVEMENTS PROJECT JOB #1286 NIAGARA DISTRICT I advertised for on December 28, 2012, and received the following formal sealed bids for the Broderick Park Phase I Improvements, which were publicly opened and read on January 25, 2013. CONTRACT A - GENERAL CONTRACTOR Base Bid CATCO $1,100,200.00 1266Townline Road - Alden, NY 14004 NOVA Site Company, LLC $1,171,485.00 6 Lena Court -West Seneca, NY 14224 Scott Lawn Yard $1,210,000.00 5552 Townline Road - Sanborn, NY 14132 Visone Construction $1,256,418.90 79 Shelfon Avenue - Depew, NY 14043 Northeast Diversification, Inc. $1,312,000.00 DBA Northeast Paving #2 Cadby Industrial Park - Lancaster, NY 14086 Anastasi Trucking & Paving Co. $1,359,575.00 4430 Walden Avenue - Lancaster, NY 14086 Keleman -Bauer Construction $1,396,544.00 DBA Edbauer Construction 2790 Clinton St -W. Seneca, NY 14224 Pinto Construction Services, Inc. $1,417,632.00 1 Babcock Street - Buffalo, NY 14210 Yarussi Construction, Inc. $1,411,000.00 5650 Simmons Ave.- Niagara Falls, NY 14304 Mark Cerrone, Inc. $1,448,480.00 2368 Maryland Ave.- Niagara Falls, NY 14305 Tom Greenauer Development $1,448,500.00 P.O. Box 250 - Spring Brook, NY 14140 Milherst Construction, Inc. $1,633,000.00 10025 County Rd- P.O, Box 430 - Clarence Center, NY 14032 CONTRACT B- ELECTRICAL cir Electric Construction 400 Ingham Avenue - Buffalo, NY 14218 $415,800.00 Frey Electric Construction Co 100 Pierce Ave - Tonawanda NY 14150 $417,000.00 CATCO 1266 Townline Road -Alden NY 14004 $430,500.00 M &M Electric Construction 4819 Henry Avenue - Niagara Falls NY 14304 $477,700.00 South Buffalo Electric Inc 1250 Broadway Street - Buffalo, NY 14212$558,360.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that CATO, with a Base Bid of One Million, One Hundred Thousand, Two Hundred Dollars and 00/100 ($1,100,200.00), is the lowest responsible bidder for General Contractor and CIR Electric Construction with a Total Bid of Four Hundred Fifteen Thousand Eight Hundred and 00/100 ($415,800.00) is the lowest responsible bidder for Electrical 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 bidders. Funding for this project is available in 33400106 - 445100 and 34400106 - 445100 and other account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 25, 2013, 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 Broderick Park Phase I Improvements, with CATCO in the amount of $1,100,200.00 for general contracting work, and C1 R Electrical Construction in the amount of $415,800.00 for electrical work. Funds for this project are available in Account #33400106 - 445100, 34400106- 445100, and another account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS CITY HALL FIRE DETECTION /ALARM SYSTEM JOB #0807 ELLICOTT DISTRICT I advertised for on February 5, 2013, and received the following formal sealed bids for City Hall, Fire Detection /Alarm System, which were publicly opened and read on February 26, 2013. Base Bid Alt# 1 Alt# 4 Ferguson Electric Construction $714,000.00 $126,000.00 $111,000.00 333 Ellicott, Buffalo, NY Weydman Electric $890,800.00 $168,700.00 $102,500.00 747 Young, Tonawanda, NY Wittburn Enterprises $1,633,000.00 $208,900.00 $141,300.00 36 Cypress, Buffalo, NY The Base Bid is for Mobilization /Demobilization and Installation /Upgrades of the Fire Alarm System for Sub Basement through 3 rd floor and 7 floor through 12 floor. Alternate #1 is for Installation /Upgrades of the Fire Alarm System for 4 h floor through 6 th floor. Alternate #4 is for Installation /Upgrades of the Fire Alarm System for 22 floor through 29 floor. I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferguson Electric Construction Co., inc., with a Base Bid of $714,000.00, add Alt. #1 for $126,000.00, add Alt. #4 for $111,000.00, for a total bid of Nine Hundred Fifty One Thousand and 00/100 Dollars ($951,000.00), 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 30320406 445100 - cc: Comptroller Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 26, 2013, 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 fire detection /alarm system, with Ferguson Electric Construction Co., Inc. with a total bid of $951,000.00 (Base bid of $714,000.00 + Alt. #1 for $120,000.00 + Alt. #4 for $111,000.00). Funding for this project is available in Account #30320406 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS CITYWIDE TREE REMOVALS CITYWIDE GROUP #773 1 advertised for on February 11, 2013, and received the following formal sealed bids for the 2013 Citywide Tree Removal, which were publicly opened and read on February 22, 2013. Total Bid Schneck's Tree Removal, Inc. $479,425.00 2861 Southwestern Blvd. Orchard Park, New York 14127 Tree Care of New York, LLC $561,547.00 11493 Broadway Alden, New York 14004 Terry Tree Service, LLC $946,090.00 225 Ballantyne Road Rochester, New York 14623 Scott Lawn Yard, Inc. $949,500.00 5552 Townline Road Sanborn, New York 14132 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc., with a Total Bid of Four Hundred Seventy Nine Thousand Four Hundred Twenty Five and 00/100 ($479,425.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidders. Funding for this project is available in 33400106 - 445100, 34400106 - 445100 and other account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 25, 2013, 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 2013 City -wide tree removal, with Schneck's Tree Removal, Inc., with a total bid of $479,425.00. Funding for this project is available in Account #33400106 - 445100, 34400106 - 445100, and other account(s) to be named at a later date. PASSED AYES - 9 NOES — 0 NO. 23 REPORT OF BIDS MUSEUM OF SCIENCE MECHANICAL RECONSTRUCTION AIR MONITORING FOR ASBESTOS ABATEMENT JOB# 1233B I requested on February 5, 2013 and received the following bids for the Museum of Science, Mechanical Reconstruction, Air Monitoring for Asbestos Abatement, on February 14, 2013. Isle Chem $ 4,260.00 2801 Long Rd, Grand Island, NY Hillmann Consulting, LLC $ 5,540.00 42 Brantwood, West Seneca, NY CORE Environmental $10,980.00 2312 Wehrle, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Isle Chem, with a bid of Four Thousand Two Hundred Sixty and 00/100 Dollars ($4,260.00) 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 February 20, 2013, 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 Museum of Science, Mechanical Restoration, air monitoring for asbestos abatement, with Isle Chem, with a total bid of $4,260.00. Funding for this project is available in Account #35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 24 REPORT OF BIDS GROUP# 766C NIAGARA SQUARE INFRASTRUCTURE IMPROVEMENTS ELLICOTT DISTRICT In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $593,014.10 $652,315.51 411 Ludington Street, Buffalo, NY 14206 NOVA Site Company, LLC $711,477.00 $782,624.70 6 Lena Court, West Seneca, NY 14224 Louis Del Prince & Sons, Inc. $749,749.00 $824,426.90 580 Cayuga Road, Cheektowaga, NY 14225 Sicar Management & Construction, Inc. $922',615.40 $1,014,876.94 1128 Jamison Road, Elma, NY 14059 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc.. I respectfully recommend a contract award in the amount of $652,315.51 ($593, 014.10 -Base Bid + $59,301.41 - 10% unit price increase = $652,315.51 - Total Contract Amount). Funds for this contract are available in #32000006 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $700,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 27 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 27, 2013, 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 Niagara Square infrastructure improvements, with Destro & Brothers Concrete Co., Inc., in the amount of $652,315.51 (Base Bid - $593,014.10 + 10% unit price increase - $59,301.41 for a Total Contract Amount of $652,315.51). Funds for this project are available in Account #32000006 - 445100, and an account(s) to be named at a later date. PASSED AYES - 9 NOES — 0 NO. 26 REQUEST PERMISSION TO ENTER AGREEMENT FOR ASSIGNMENT OF GRANTS AND GRANT PROCEEDS BETWEEN BUFFALO NIAGARA RIVERKEEPER AND CITY OF BUFFALO FOR BRODERICK PARK PHASE I Permission is hereby requested from Your Honorable Body for the Commissioner of Public Works, Parks and Streets to enter Agreement for Assignment of Grants and Grant Proceeds with the Buffalo Niagara Riverkeeper for Broderick Park Phase I construction: Grant Name Amount Allocated to Construction NYS DOS C007110 $40,500.00 NYS DOS C007112 $522,500.00 This will supplement the existing $950,000 of city bonds to fully implement Phase I construction following the Broderick Park Master Plan. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2013, 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 assignment of grants and grant proceeds with the Buffalo Niagara Riverkeeper for Broderick Park Phase I construction. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 26 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 12 -DEA- 566068 C2 -12 -0105 $1,288.38 10 -DEA- 536129 C2 -10 -0151 $567.32 12 -DEA- 568513 C2 -12 -0127 $2,008.98 11 -DEA- 542218 C2 -11 -0030 $10,544.25 10- FBI - 001330 245D -BF -40333 $2,330.00 12 -DEA- 568202 C2 -12 -0124 $2,145.78 10- FBI - 001207 245D -BF -40333 $1,167.14 10- FBI - 001100 245D -BF -40333 $3,344.59 12 -DEA- 557423 C2 -12 -0006 $2,197.74 12 -DEA- 557423 C2 -12 -0006 $4,516.63(15% saff) US CUSTOMS 2011090100041301 $519.60 RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 27 PERMISSION TO HIRE CONSULTANT FIRE DEPARTMENT QUICK ACTION PLANS VARIOUS DISTRICTS Permission is hereby requested from Your Honorable Body to retain a consultant for All Hazard Planning to enhance the Buffalo Fire Department Crisis Management System to aid first respondents in fighting fires and saving lives. Funds are available in UASI FY09, C845093, Fund 2474. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated February 13, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to retain a consultant for All Hazard Planning to enhance the Buffalo Fire Department Crisis Management System. Funds are available in UASI FY09, C845093, Fund 2474. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 28 FOOD STORE (NEW) 345 POTOMAC AKA 351 POTOMAC(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 345 Potomac AKA 351 Potomac (Aden Enterprises Inc. /Ali Naser Mohamed Saleh) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 27, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to AliNaser Mohamed Saleh d /b /a Aden Enterprises, Inc. located at 345 Potomac Wk/a 351 Potomac. PASSED AYES -9 NOES -0 NO. 29 SECOND HAND DEALER 3129 BAILEY (UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 3129 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jennifer Jabr - Hamdan. The attached thereto for Jennifer Jabr - Hamdan d /b /a/ Kash Pro Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated February 19, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jennifer Jabr - Hamdan d /b /a Kash Pro Inc. located at 3129 Bailey. PASSED AYES -9 NOES -0 NO. 30 SECOND HAND DEALER 1853 GENESEE (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1853 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jennifer Jabr - Hamdan. The attached thereto for Jennifer Jabr - Hamdan d /b /a/ Kash Pro Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated February 26, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jennifer Jabr - Hamdan d /b /a Kash Pro Inc. located at 1853 Genesee is hereby approved. PASSED AYES -9 NOES -0 NO. 31 USED CAR DEALER 2292 BAILEY (LOVE JOY) Pursuant to Chapter 254 of the City of Buffalo- Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2292 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Raymond Moss. The attached thereto for Raymond Moss /dba /C -RAY. 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 Commissioner of the Department of Economic Development, Permit and Inspection Services, dated February 19, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Raymond Moss d /b /a C -RAY, located at 2292 Bailey. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, F1NANCE, POLICY & URBAN AFFAIRS NO. 32 SECOND QUARTER GAP 2012 -2013 Attached is the Second Quarter Gap for the City of Buffalo, Buffalo Board of Education, Buffalo Municipal Housing Authority and the Buffalo Urban Renewal Agency REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 33 REQUEST TO APPROVE UP TO $200,000 IN CDBG FUNDING UNDER A SUBRECIPIENT AGREEMENT WITH THE BUFFALO URBAN LEAGUE, INC. The City of Buffalo seeks to enter into a subrecipient agreement with the Buffalo Urban League, Inc. to administer the YouthBuild Program through a grant from the City of Buffalo of $200,000 in CDBG funds. The Buffalo Urban League's YouthBuild Program provides training in construction trades as well as educational and social supports needed to prepare up to approximately 20 low to moderate income City of Buffalo residents ages 17 -24. The YouthBuild Program is designed to provide better access to employment by improving participant's workforce skills, life skills and education. The program also gives participants to opportunity to obtain a GED and to learn other soft skills that will better prepare them for the workforce. Each program participant will spend 50% of the time in classroom training or activities and 50% on either site or site - simulated training. The program will operate for a 12 month period, beginning January 1, 2013. The Buffalo Urban League administered the Youth Build Program in the previous year through a grant of $510,000 from the City of Buffalo. The Buffalo Urban League was selected through a request for proposals issued by the Buffalo Urban Renewal Agency in 2011. The program proved to be a success, with 33 of 40 participants securing employment with companies such as Empire Construction, Active Workforce and Home Depot upon completion of the Youth Build program. The Buffalo Urban League expects to achieve the following performance outcomes from youth who complete the program: 50% of youth will demonstrate literacy and numeracy gains as measured by improvement of one grade level; 50% of youth will attain a GED or high school diploma through the Youth Build Program; 70% of youth will be placed in employment, post- secondary education, occupational skills training, or the military; 75% of youth placed will be retained in employment for a minimum of 6 months after placement. Program Cost: $200,000 Funding Source: CDBG Year 36 -50413 Employment Training Funds Employment training program funds to contract with various community based organizations to provide soft service employment training in the areas of pre - employment skills, numeracy literacy, life skills, etc, The Department of Community Services requests that Your Honorable Body: 1. Authorize the Mayor, the Executive Director of the Office of Strategic Planning and or the Deputy Commissioner of Community Services and Recreational Programming to execute an agreement in form and substance as set forth in the agreement attached to this communication, said agreement to be negotiated to finalization and approved as to form by the City of Buffalo Corporation Counsel. 2. Authorize pertinent City and /or Buffalo Urban Renewal personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the objectives of the program described in the subrecipient agreement. Mr. Smith moved: That the above item be, and above communication from the Department of Community Services, dated February 27, 2013, be received and filed; That the Common Council hereby authorizes the Department of Community Services to administer the YouthBuild Program through a grant from the City of Buffalo of $200,000.00 in CDGB funds; and that the Common Council hereby authorizes the Mayor, the Executive Director of the Office of Strategic Planning and /or the Deputy Commissioner of Community Services and Recreational Programming to execute an agreement in form and substance as set forth in the agreement previously submitted to the Common Council on February 27, 2013, said agreement to be negotiated to finalization and approved as to form by the City of Buffalo Corporation Counsel; and That the Common Council hereby authorizes pertinent City of Buffalo and /or Buffalo Urban Renewal personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the objectives of the program described in the subrecipient agreement. PASSED AYES -9 NOES -0 FROM THE ZONING BOARD OF APPEALS NO. 34 APPROVAL OF AREA VARIANCE -1001 MAIN ST CONVENTUS MEDICAL OFFICE BLDG NOW BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York on the 20 day of February 2013, a resolution was adopted of which the following is a true copy. Present: Rev. James A. Lewis, III - Chairman Anthony Diina Warren Glover Joseph Pandolfino William Grillo The following resolution was introduced: WHEREAS, on August 3, 2012, Ciminelli Real Estate Corporation as agent for F.L.C. 50 High Street Corporation (collectively "Applicants ") and as amended on January 14, 2013, pursuant to §511 -137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent and Amended Letter of Intent ( "LOI "), respectively, including exhibits attached thereto, to the City of Buffalo Zoning Board of Appeals ( "ZBA "), in furtherance of the Applicants' request for an Area Variance for the proposed Convent -us Medical Office Building ( "MOB ") project (hereinafter referred to as the "Project ") located at 1001 Main Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the LOI supporting the request for the Area Variance for the proposed height of the MOB; and WHEREAS, a public hearing was held on the matter on February 20, 2013 at 2:00 p.m. where the Applicants presented the design details for the Project; and WHEREAS, the ZBA has fully reviewed and discussed this matter; and WHEREAS, the ZBA has, pursuant to Code §511 -146 et. seq. and New York General City Law § 8 1 -b, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the requested Area Variance; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants have prepared a Draft Environmental Impact Statement ( "DEIS') for the Project. The Applicants, as a result of a change in the proposed location and size of the MOB, prepared a Draft Supplemental Environmental Impact Statement ( "DSEIS ") and Final Supplemental Environmental Impact Statement ( "FSEIS') reflective of the changes in the Project. The City of Buffalo Planning Board ( "Planning Board ") as Lead Agency has reviewed the DEIS, DSEIS and FSEIS and deemed them complete. In addition, the Applicants have prepared and submitted to the ZBA as Exhibit "H" of the aforementioned Letter of Intent, a Full Environmental Assessment Form ( "FEAF "), specifically for the Project to assist the ZBA in reviewing the potential impacts of this request; the DEIS, DSEIS, FSEIS and FEAF all set forth sufficient information and analysis on the scale and location of the proposed MOB and the impacts it might have on adjacent uses; and WHEREAS, the ZBA has determined that the potential environmental impacts associated with the height variance are minimal in light of the surrounding development at the Buffalo Niagara Medical Campus and any negative impacts have been minimized to the greatest extent practicable by the design of the proposed building. Now THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS, pursuant to City Code § 511 -146 et seq. and New York General City Law §81 -b, as follows: 1. The Applicants are seeking an Area Variance for the height for the proposed Conventus Medical Office Building located at 1001 Main Street, Buffalo, New York. Section 511 -41 of the City Code limits the height of the structure to the distance from the structure to the opposite side of Main Street (which in this case is 66 to the opposite side of Goodrich Street) and the proposed height of the MOB is 127' —. Thus, the Applicants are seeking a height variance of 61'. 2. That the ZBA has made the following determination with respect to the Applicants request for an Area (Height) Variance for the Project: a. Given the Urban nature of the Project Site and the height of adjacent structures, the requested Height Variance, while nominally significant, will not have a significant adverse impact upon adjacent properties or the character of the neighborhood; and b. That the only other means by which the Applicants can meet their space requirements of approximately 503,000 sq. ft. of the Project Site without the requested variance, would be to go sub -grade at a substantial cost; and c. That in an Urban setting like the Project Site, the requested height is not substantial; and d. That the requested Height Variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or district since it will permit significant beneficial design elements to be incorporated Into the structure; and e. That while the need for the Area Variance may be self- created, the Variance will actually result in a better designed project which minimizes impacts upon adjacent properties. 3. That for the foregoing reasons, the ZBA approves the requested Area (Height) Variance for the MOB. 4. That this resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 20 day of February 2013. Upon roll call vote: ayes — 4 no's - 0 [City of Buffalo Zoning Board of Appeals Certification of Votes] RECEIVED AND FILED NO. 35 SEQRA FINDINGS -1001 MAIN ST CONVENTUS MEDICAL OFFICE BUILDING State Environmental Quality Review Act Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals makes the following findings. Buffalo Niagara Medical Campus - North End Development Conventus Medical Office Building Applicants: Ciminelli Real Estate Corporation as agent for F.LC. 50 High Street Corporation SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicants are proposing to cons /met approximately 503,000 sq.ft. ± 7 -story mixed -use medical facility ( "MOB,) On the east side of Main Street bounded by Goodrich Street to the north, High Street to the south and Ellicott Street to the east in Buffalo, New York ( "Project "). Location: 100! Main Street, Buffalo, New York ( "Project Site ") Lead Agency City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §81 -b, the City of Buffalo ZBA has jurisdiction to consider variances from requirements of the City of Buffalo Zoning Code. Here, the Applicant is seeking an Area Variance from the height limitation found in §511 -41 of the Code. The proposed height of the MOB is 127,± and the City of Buffalo Zoning Code limits the height to 66' (based upon the distance from the structure to the opposite side of Goodrich Street). Date Final Supplemental Environmental Impact Statement Accepted: June 21, 2011 Martin Grunzweig City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5086 RECEIVED AND FILED FROM THE CITY CLERK NO. 36 BOARD OF ETHICS MINUTES - JANUARY 2013 Minutes Tuesday, January 29, 2013 Members in Attendance: Douglas Coppola, Gerald Chwalinski, Eleanor Paterson, Richard Sullivan. Excused: James Magavern. Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: 1) Nominating Committee met and re nominated Doug Coppola and James Magavern for BOE reappointment. In Judge Hannah's letter to the Mayor, Doug's middle initial should be "S" not "R ". Also nominated to fill the vacancy is Elizabeth Brooke Hamed. The BOE reviewed M s. Harned s resume and will await Mayor Brown's action. Doug explained that the Mayor has a certain time frame in which to act, submit his recommendations, and then, it goes to the Common Council. Gerry will check on the status. 2) Annual Financial Disclosures for 2013 had a submission date of 1/31/13. This date was extended by the BOE to 2/28/13. Per Sharon Adler, Clerk's office, about 70% of employees and boards have submitted one. Sharon to follow up on the outstanding forms. Old Business: 1. Doug will follow up with Cavette & "cc" Tim Ball regarding the Law Department drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. Approval of the November 20, 2012 minutes. Next meeting will be scheduled Tuesday, February 26, 2013. Meeting adjourned. RECEIVED AND FILED NO. 37 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL) 03/22/2013 Available for review in The City Clerk's Office Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated March 5, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on March 22, 2013 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 • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 38 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL) 03/30/2013 Available for review in The City Clerk's Office Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated March 5, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on March 30, 2013 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 • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 39 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL) 04/13/2013 Available for review in The City Clerk's Office. Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated March 5, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on April 13, 2013 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 • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 40 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 1210 Broadway Club 1210 Club 1210 54 W. Chippewa St Bacchus Wine Bar Mietus Enterprises. 5LC 426 Hertel Avenue Pandora Grill Ramanico Inc. RECEIVED AND FILED NO. 41 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Melissa L. Morgan RECEIVED AND FILED. NO. 42 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 February 19, 2013 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal, Non Competitive at the flat salary of $12.47/hr Donald F. Kane Jr, 217 McKinley Parkway, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 02/24/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the position of Lifeguard, Seasonal Non Competitive at the flat salary of $12.47/hr Jesus Algarin, 45 Blum Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 02/28/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the position of Lifeguard, Seasonal Non Competitive at the flat salary of $12.47/hr Nicholas Jordan, 25 Mapleridge Ave, Buffalo, NY 14215 NO. 43 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 02/01/2013 in the Department of Administration & Finance, Policy and Urban Affairs to the position of Jr. Buyer, Permanent at the minimum salary of $38,114.00 Marleen Barker, 251 Whitney Place, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective 02/19/2013 in the Department of Police, Division of Fleet Maintenance to the Position of Motor Equipment Mechanic, Permanent at the minimum Salary of $23,721.00 Glen Weldron, 62 Chelteham Drive, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 44 T. BARRETT- CONCERNS STAFFING AT FIRE SCENES I would like to be able to make a presentation in front of the Civil Service Committee Meeting to talk about the lack of promotions for the Buffalo Fire Department and the safety issues of not having Officers in charge at fire scenes or for daily supervision. I was hoping to speak at the March 12, 2013 meeting. Please contact me if you need additional information regarding this request. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 J. GOLOMBEK -G. PATTERSON- TANSKI- SUPPORT FOR RICHARDSON CTR CORP REZONING OF RICHARDSON OLMSTED COMPLEX 400 FOREST AVE Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Dear Mr. Chwalinski: Please file the attached email regarding the Richardson Center Corporation's application for rezoning the Richardson Olmsted Complex parcel of land on Forest Avenue. Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember Dear Councilmember Golombek, I am writing this letter today in support of the Richardson Center Corporation's application for rezoning of the Richardson Olmsted Complex parcel of land on Forest Avenue. I am submitting this letter as the Co -Chair of the Richardson Center Corporation's Community Advisory Group and property and business owner in the vicinity of the proposed rezoning change. Rehabilitation plans to revive the Richardson Olmsted Complex as one of Buffalo's crowning jewels, a National Registers of Historic Places and a National Historic Landmark, the Richardson Olmsted Complex rehabilitation plan advances a mixed use campus of public and private activities for the neighborhood, the city, the region and the world to enjoy. Reusing the H.H. Richardson buildings, creating the Buffalo Architecture Center and reviving the Olmsted and Vaux landscape of the original Buffalo State Asylum for the insane is more than just saving an historic landmark. It will facilitate and spur tourism, particularly architectural tourists who spend a great deal more than the average visitor to the area, thereby generating significant economic spin off to benefit Buffalo's economy. I hope for your support in voting yes to the rezoning application before you for this complex that is internationally regarded as one of architecture's great treasures and one that is Buffalo's also. Please include this letter of support in the Official Common Council record and thank you for your time in this matter. as always, gregory m. patterson - tanski, Teed ap bd +c c: 716.536.0043 egtanski(r_„gmail.com In full disclosure, I am a Buffalo resident, homeowner, property and business owner in vicinity of the proposed rezoning change, and represent or am a member of Community Beer Works, LLC, Partner Richardson Olmsted Complex Community Advisory Group, Co -Chair Forest District Civic Association, Vice President Westside Business and Taxpayer Association, Board Member Parkside Community Association, Member Vision Niagara, Member The Campaign for Greater Buffalo History, Architecture & Culture, Member Preservation Buffalo Niagara, Member Buffalo's Young Preservationists, Member Buffalo Niagara Riverkeepers, Member RECEIVED AND FILED NO. 46 T. HERERA - MISHLER -BFLO OLMSTED PKS CONSERVE SUPPORT FOR REZONING OF RICHARDSON OLMSTED COMPLEX 400 FOREST AVE Common Council Room 1413 City Hall 65 Niagara Square Buffalo, NY 14202 Re: Rezoning, Richardson Center Corporation, 400 Forest Avenue Members of the City of Buffalo Common Council The Buffalo Olmsted Parks Conservancy fully endorses the Richardson Center Corporations request for rezoning the historic Richardson - Olmsted Complex and 42 acres from a R2 Dwelling District to a C2 Community Business District. The rezoning will allow for a mixed use campus for the community benefit including a boutique hotel, conference and event space and a Buffalo Architecture Center which is consistent with the Richardson Olmsted Complex Master Plan and the Generic Environmental Impact Statement. There has been an intensive preservation planning process to create an economically viable and publically supported reuse plan for this historical achievement of the great American architect Henry Hobson Richardson and Frederick law Olmsted, the father of landscape design. The Buffalo Olmsted Parks Conservancy has participated in the Community Advisory Group and involvement in the reuse planning for the Richardson Olmsted Complex. We feel the reuse is compatible with the neighborhood, business districts, and institutional neighbors (Buffalo Psychiatric Center, Buffalo State College, Albright Knox, Burchfield Penney, Buffalo History Museum). The Conservancy feels it is long overdue that we put this internationally recognized Complex back to productive use in our community and enable public access on the grounds and in the buildings. Saving the building and creating the new Buffalo Architecture Center strengthens cultural tourism in Buffalo and the region. We thank you for your consideration of this request. RECEIVED AND FILED NO. 47 F. KOWSKY- SUPPORT REZONING FOR RICHARDSON CTR CORP 400 FOREST Dear Council Members: As a member of the Richardson Olmsted Complex Community Advisory Group, the New -York State Board for Historic Preservation, and a long time advocate for Buffalo's architectural heritage, I urge you to approve the rezoning of the Richardson Olmsted Complex on Forest Avenue. This request is consistent with the Richardson Olmsted Complex Master Plan and the Generic Environmental Impact Statement. The rezoning includes the historic complex, a National Historic Landmark that represents the collaboration of two of America's greatest artists, the architect H. H. Richardson and the landscape architect Frederick Law Olmsted. The 42 -acre rote will be changed from a R2 Dwelling District to a C2 Community Business District. This action will allow for the creation of a mixed -use campus that will include a boutique hotel, conference and event space, and an architecture center. All of these facilities will be compatible with nearby residential neighborhoods, business districts, and institutions (Buffalo Psychiatric Center, Buffalo State College, Albright -Knox Art Gallery, Burchfield Penney Art Center, and Buffalo History Museum). Indeed, the new facilities stand to benefit greatly the neighborhood as well as the city at large. The proposed rezoning will allow a project to go forward that will insure the future of one of the city's most long- -lived and difficult adaptive reuse challenges. I urge its approval. RECEIVED AND FILED NO. 48 M. LOCURTO - ELMWOOD VILLAGE ASSOCIATION -GREEN CODE COMMENTS February 20th, 2013 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: Elmwood Village Association -Green Code Comments Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on March 5 th 2013. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL LoCURTO Delaware District Councilmember ELMWOOD VILLAGE ASSOCIATION Official Comments on the Buffalo GreenCode The following are preliminary comments on the City of Buffalo GreenCode Unified Development Ordinance from the Elmwood Village Association. It must be noted that the full draft of the GreenCode has not been released and that all chapters that have been reviewed by members of the Elmwood Village Association continue to be under Development by The City of Buffalo and subject to public review. These comments are intended to guide the direction of the GreenCode's continued development to draft status. Upon release of the Public Review Draft, it is anticipated that the Elmwood Village Association will release a further set of comments pertaining to relevant issues impacting the neighborhood. I, Neighborhood Zones (N -2C, N -2T, N -21R) a. The Neighborhood Zones in the Elmwood Village are generally acceptable with the following recommendations: b. The Women & Children's Hospital Site should be zoned N -2C, fronting Elmwood Avenue, and N -2R for the rest of the site to require a future redevelopment to be consistent with the surrounding neighborhood. c. Commercial properties on West Utica should be zoned N -2T. d. Properties fronting Elmwood Avenue from Forest Avenue to Bryant Street should be zoned N -2C, including all comer properties at the Bryant Street Intersection. e. Properties fronting Elmwood Avenue from Bryant Street to Summer Street should be zoned N -2T, excluding all comer properties at the Bryant Street and Summer Street intersections which should be zoned N -2C. f. Properties fronting Elmwood Avenue from Summer Street to North Street should be zoned N -2C, including all comer properties. II. Building Heights Building heights along Elmwood Avenue should be required to be a minimum of two stories and a maximum of five stories, by right. Buildings beyond five stories should be subject to more rigorous design considerations and common council approval. One -story buildings shall not be permitted. III. Vertical Articulation The GreenCode needs to more directly define retail frontage design elements in order to protect and maintain the rhythm, scale and vertical articulation of street frontages. This element should define a required width of retail bays. On Elmwood Avenue this width should be approximately 30 feet. A maximum building width of 270' wide seems excessive. Please provide a rationale for this width. Building design needs to be reflective of the surrounding character of the neighborhood and adhere to requirements for vertical articulation of the exterior facade. Sill heights should be a maximum height of 24 inches and with no minimum height requirement. VI. Retail Scale / Design Articulation First floor retail spaces should be subject to a limited to a maximum size. It is recommended that first floor retail spaces be limited to a maximum of 15,000 square feet. No limit should be placed on additional floors or on the overall size of a retail establishment. However. retail spaces should be designed to be reasonably subdivided into spaces that reinforce the scale of predominant retail frontage on the street and should follow all requirements for vertical articulation of the exterior facade. VII. Signage a. Sign Square footage and quantity For a single business or service there shall be no more than two (2) signs totaling no more than 35 square feet on each side of a building adjacent to a street, that identify a permitted use on the premises. b. Electronic Message Signs Electronic message signs should not be permitted in the N -2C, N -2T or N -2R districts. c. Pole Signs Pole signs should not be permitted in the N -2C, N -2T or N -2R districts. d. Monument Signs Monument signs should be permissible in the N -2C or N -2T district. e. Yard Signs Yard signs should be permissible in the N -2C or N -2T districts. f. Billboard Signs Off - premise /billboard signs should not be allowed in the N -2C, N -2T or N -2R districts. g. Internal Illumination i. Box signs need to be defined as a distinct sign type. ii. Channel signs need to be defined as a distinct sign type. iii. Pertaining to box signs, only letters and logos should be internally illuminated on any sign. No more than 50% of any box sign should be internally illuminated. Parking and Service Access a. Minimum Parking Standards All minimum parking standards should be eliminated. This regulation must be complemented by supporting, city -led initiatives which address both on- and off- street parking needs in a comprehensive, neighborhood -wide manner. Municipal parking lots and structures should be conditionally permitted in the N -2C and N -2T districts as viable alternatives to addressing parking needs. b. Parking Pads Parking pads should not be permitted in the N -2C, N -2T or N -2R districts. c. Parking Lot Design Regulations Parking Lot design regulations in the N -2C or N -2T districts are too onerous, causing increased need for space. Requirements for turnarounds within off - street lots should be removed and left up to the discretion of the property owner. d. Garages and Driveways For a front - loading attached garage, the garage should be no more than 25% of the building facade if flush with the front of the building; otherwise the front - loading attached garage will be setback a minimum of 12 feet from the front of the building. a. Prohibited Materials The list of prohibited materials in the N -2C, N -2T and N -2R districts should include all materials currently prohibited in the Elmwood Village Design Standards, including a 100% prohibition of El FS. b. Fences Vinyl, aluminum and chain -link fences should not be permitted in locations visible from the street in the N -2C, N -2T or N -2R districts. X. Lighting Standards Regulation should be focused on location and positioning of lighting fixtures, preventing glare on neighboring properties, rather than the intensity of illumination. XI. Adaptive Re -Use This issue needs to be comprehensively dealt with in the GreenCode, ensuring the code encourages adaptive re -use m all appropriate instances. The Elmwood Village Association will continue to review items pertaining to adaptive re -use in anticipation of further comments. XII. Design Review Please elaborate on the purpose and process for Elmwood- specific design review currently identified in the GreenCode Preference would be for a clear and uniform development process for all districts in the City of Buffalo. XIII. Enforcement Consistent interpretation and enforcement of the Green Code is of critical importance. It is essential for successful redevelopment and new development that all applicable City Hall staff, including Planning Board and Zoning Board, have a clear, concise understanding of how to implement the Green Code consistently throughout the City. With the adoption of the Greencode, many existing properties will become nonconforming, further emphasizing the need for a transparent approval process. XIV Demolition Demolition of structures for reasons other than to preserve public health, safety and /or welfare are not allowed in the N -2C district. In this District, applicants for demolition permits must have a reuse plan reviewed and approved by the appropriate body within the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD AND OFFICE OF STRATEGIC PLANNING NO. 49 C. PALADINO- CORRESPONDENCE REG AMANDA WIENCKOWSKI In your response of September 17, 2012 to my letter of February 16, 2012, copies of which are enclosed, you stated that staff members investigated my complaint against Diane Vertes, that all relevant evidence was gathered and reviewed including a review conducted by a Board Certified physician from OPMC, and the investigation was closed because "there is insufficient evidence to bring a charge of professional misconduct ". I disagree. Justice is for all Ms, Hunter. Enclosed is a Buffalo News article from this past weekend that should give you a basis to reopen your investigation. Dr. Vertes concluded in her autopsy that Amanda Wienckowski died of a drug overdose and thereafter she attested on the death certificate that it was an "accidental death" which in turn prevented BPD Homicide from actively investigating. Do you think that Amanda accidentally climbed naked into a garbage tote to freeze to death? Put aside arguments that the cause of death was other than a drug overdose and then, please explain to me how Dr. Vertes could possibly conclude in her report that a drug overdose, even if it was the cause of death, was administered by Amanda and not by a third party. Does Dr. Vertes have a special crystal ball to gain a particular knowledge of the circumstances by which drugs entered Amanda's body or is she just a pathetically incompetent pathologist. It is perfectly logical to conclude that Amanda could have been poisoned with drugs by others. How did your investigation deal with that question? Enclosed herewith is a copy of the latest autopsy report from Dr. Michael Sikirica, a noted forensic and neuropathologist. His conclusion, like that of the two other pathologists, confirms that the cause of death should have been "undetermined ". Dr. Vertes is unfit for the job and should be removed. Erie County's self- absorbed Commissioner of Health at the time Dr. Anthony Billitier, in concert with the Erie County Attorney and the City Corporation Course, spent 3 years obstructing and stonewalling efforts to have a private autopsy performed by the family. Dr. Vertes refused to furnish evidence and "misplaced" body parts. She stated unequivocally to the family's counsel that there was no DNA test, but a DNA test showing 3 different semen in the girl was found in her records. She clearly lied. Dr. Sikirica's autopsy and the prior autopsies furnished to you evidence that a drug overdose was improbable considering the amount of morphine in Amanda's system and that she in fact died of strangulation. As a result of the attempted cover up by Dr. Vertes and Dr. Billitier, the BPD Homicide was prohibited from conducting an active investigation. Evidence became cold and unavailable that might have otherwise established the identity of the killer. It was three years before BPD Homicide was informed by the District Attorney that the cause of death was "undetermined" and therefore they should actively investigate the matter. Critical evidence such as the car of the prime suspect was no longer available for the investigation. Even with the new reports, Dr. Vertes has refused to change the cause of death on the death certificate. She and her staff are pitifully incompetent to operate the Erie County Medical examiner's Office. I intend to publish widely your failure to properly investigate and deal with this matter in the face of credible evidence which contradicts the autopsy and findings of Dr. Vertes. I further demand that you reopen your file and properly investigate the conduct of Dr. Vertes. If you deny a proper investigation you will be condoning an incompetent service and will subject the people of Erie County to the horror of an inferior Erie County Medical Examiner's office. A 20 year old girl from very poor circumstances was drugged, raped and murdered and then left in a jack knife position in a garbage tote naked and frozen. It took days for the Medical Examiner's Office to thaw the body. We assume that because the body had not thoroughly thawed, the Medical Examiner may have made an error m not identifying strangulation marks on the body. The criminality and /or negligence is in what she did afterward. No matter what the cause of death, your job is to seek truth and justice for Amanda. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 MEMORANDUM D. PRIDGEN -J. BOOTH - PUBLIC SAFETY CROSSWALKSI WOULD LIKE TO FILE THE ATTACHED INFORMATION FOR THE NEXT COMMON COUNCIL MEETING TO BE HELD ON MARCH 5, 2013. Bicycle- Pedestrian Advisory Board Darius G. Pridgen Ellicott District Councilmember 1408 City Hall Buffalo, NY 14202 Dear Councilmember Pridgen, The Bicycle and Pedestrian Advisory Board is writing to you in regards to the January 8 th Resolution "Public Safety Crosswalks" provided to us for review. The board would like to praise you for your effort to improve pedestrian safety in the City of Buffalo. However, to truly address this issue it is important to provide a local perspective. From September 1, 2010 through August 31, 2011, 8,705 motor vehicle accidents occurred within city limits that were reported to the Buffalo Police Department. Of those, 483 (5.6 %) involved pedestrians or bicyclists. Youth were involved in 26.5 percent, or 128, of all pedestrian and bicyclist accidents with motor vehicles. Consequently, youth are involved in a disproportionate amount of pedestrian and bicyclist accidents with motor vehicles because 26.5 percent of accidents involve youth, but only 22 percent of city residents are youth. The average age of youth pedestrians involved in accidents with motor vehicles (MVA) was approximately 11 years. The average youth bicyclists involved in motor vehicle accidents was 11.5 years. Of the 128 accidents involving youth, 8o were pedestrian with motor vehicles. Most of these occurred in the spring (March, April, and May) during the week when children were returning home from school and most adults were returning home from work -- between 3:oopm and 6:oopm.' While identifying the 10 intersections with high vehicular and pedestrian traffic and posting signage at these intersections reminding motorists of the fine for not yielding the crosswalk to pedestrians is a good first step, it is unlikely to have any significant impact on improving pedestrian and bicycle safety. This will also have an impact upon the city acknowledging it as a dangerous intersection and increasing the potential for liability unless corrective measures are taken. With over 650 signalized intersections and negligible enforcement of traffic scofflaws, it would be prudent to take this resolution a step further by not only identifying the 10 intersections with high vehicular and pedestrian traffic, but allocating resources each year to improve the safety and function of these intersections to ensure all users, especially the most vulnerable, are always safe. Funding these improvements is always a challenge but there are many mechanisms for a municipality to generate resources for public infrastructure maintenance and construction. Outside of the current municipal capital budget process, provided below is a sampling of current municipal best practices for fund development strategies. Voter Approved Transportation Spending There are a number of communities across the country that have approved short -term local tax initiatives to fund bicycle, pedestrian and other transportation projects. One of the best examples of this comes from the City of Tucson and the surrounding Pima County. During a one -time vote in May of 2006, voters approved a sales tax to fund the implementation of the 20 -year transportation plan. Transportation Utility Fee Some municipalities have used transportation utility fees to fund improvements that aid bicyclists and pedestrians. A transportation utility fee, also known as a transportation maintenance fee, street maintenance fee, or street utility fee, is a monthly user fee paid by city residents, businesses, government agencies, schools, etc. based on their use of the transportation system. Fees are usually included on the city's utility bill. Revenue from this fee can only be used to maintain transportation infrastructure. Residential fees typically range from approximately $1 to $12 per month. Other land uses often pay much higher fees based on their predicted traffic generation. Compared to a tax, a fee faces fewer legal hurdles and public opposition. Metered Parking Revenue Charging market prices for curb parking and returning the meter revenue for public improvements has helped pave the way for a renaissance of a number of communities around the US. The meter revenue has paid to improve the streetscape and to convert alleys into pleasant walkways with shops and restaurants. The additional public spending makes the area safer, cleaner, and more attractive for both customers and businesses. These public improvements have increased private investment, property values, and sales tax revenues. Sidewalk Tax District This community -based initiative is similar to the metered parking revenue in that it looks to generate funds within the community where the money will eventually be spent. In this case, each building owner would pay an extra $1 oo in taxes for the next lo years to levy additional funds from the city. These funds could be used for matching grants or the like and they also demonstrate to the city a strong investment on the part of the local businesses. Private Advertising in the Public Right -of -Way Another method is to use funds from private advertising in the public right -of -way for active living infrastructure. Possible advertising locations include transit shelters and vehicles, existing bicycle parking infrastructure, street furniture, and utility poles. Development Impact Fee or Development Excise Tax Some municipalities utilize a development impact fee - -a one -time fee collected from a new development to pay for its fair share of future capital improvements necessitated by growth. The impact fee can be used only for capital improvements, not maintenance or operating costs. Usually, a specific portion of this fee is earmarked for transportation infrastructure improvements. Similar to a development impact fee, a development excise tax is a one -time tax collected on new development to fund new infrastructure. The excise tax can be rolled into the municipality's general funds. Unlike a development impact fee, however, an excise tax does not have to be specifically earmarked to benefit new growth. Taxes can be calculated as a percentage of construction cost, a flat fee per acre, or a flat fee by building type. In addition, there are several state and federal grant programs that could be specifically used for improving bicycle and pedestrian safety. Specific application for these programs should be reviewed with the Greater Buffalo Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization (MPO) for the Buffalo Niagara Region for their application under the new federal transportation legislation MAP -21. Congestion Mitigation and Air Quality (CMAQ) CMAQ is a federal reimbursement program for surface transportation and other related projects that contribute to air - quality improvements and reduced congestion. Program funds may be used to construct bicycle and pedestrian facilities intended to reduce automobile travel and /or emissions in areas that have failed to meet air - quality standards for ozone, carbon monoxide and small particulate. This program may continue to be funded through 2014 but our region will no longer be eligible for these resources under MAP -21. Highway Safety Improvement Programs (HSIP) The overall purpose of this program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads through the implementation of infrastructure - related highway safety improvements. Transportation and Community System Preservation (TCSP) The Transportation, Community, and System Preservation (TCSP) Program is a comprehensive initiative of research and grants to investigate the relationships between transportation, community, and system preservation plans and practices and identify private sector -based initiatives to improve such relationships. States, metropolitan planning organizations, local governments, and tribal governments are eligible for discretionary grants to carry out eligible projects to integrate transportation, community, and system preservation plans and practices that: > Improve the efficiency of the transportation system of the United States. > Reduce environmental impacts of transportation. Reduce the need for costly future public infrastructure investments. > Ensure efficient access to jobs, services, and centers of trade. > Examine community development patterns and identify strategies to encourage private sector development patterns and investments that support these goals. Transportation Alternatives (TA) Replacing programs such as Safe Routes to School (SRTS) and Transportation Enhancement Program (TEP), Transportation Alternatives (TA) is a new federal aid reimbursement program for transportation- related community -based projects, including pedestrian and bicycle infrastructure and safety programs. TA has expanded the eligibility of environmental mitigation and added a new eligibilities including, "safe routes for non - drivers." Tiger Grants TIGER grants are awarded to transportation projects that have a significant national or regional impact. Projects are chosen for their ability to contribute to the long -term economic competitiveness of the nation, improve the condition of existing transportation facilities and systems, increase energy efficiency and reducing greenhouse gas emissions improve the safety of U.S. transportation facilities and enhance the quality of living and working environments of communities through increased transportation choices and connections. The Department also gives priority to projects that are expected to create and preserve jobs quickly and stimulate increases in economic activity. Thank you for the opportunity to provide input into this resolution. Please let me know if you would like any additional information or to discuss further. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 D. PRIDGEN- NON BASEBALL EVENTS HELD AT YANKEE STADIUM MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on March 5, 2013. Hello Councilmember Pridgen, Good morning. Below is an email response from Anne VanderWal of the NY Yankees on their events for your review. Thank you, Doris Corley, MSW Senior Legislative Assistant Office of The Common Council 1413 City Hall City of Buffalo, NY 14202 Tel: (716) 851 -6699 Fax: (716) 851 -4234 e -mail: dcodev (citv-buffalo.com- From: VanderWal, Anne Sent: Wednesday, February 20, 2013 12:26 PM To: Corley, Doris Subject" RE: Non Baseball Events Held at Yankee Stadium Hi Doris, We host over 300 events each year within the Stadium; we have over 23 available event spaces not including the field. Given the number of baseball games as well as large, public events utilizing the field such as football, soccer and concerts, we have very limited availability for events with field access. When the field is accessible for an event, it is typically restricted to the outfield area unless there are special circumstances, in order to maintain prime condition of the grass and playing field. Best of luck to you in your ventures with the Buffalo Bisons! Anne VanderWal Sales Manager, Non - Baseball Events and New Era Pinstripe Bowl New York Yankees Yankee Stadium Bronx, NY 10453, 646.977.8054 office 646.977.8186 fax avanderwalO-yankees.com t www.yankees.com /events REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 D. PRIDGEN -SEQR FINDING STATEMENT WOMEN'S AND CHILDREN'S HOSP -BNMC CAMPUS Gerald Chwalinski Council Member Darius G. Pridgen March 5, 2013 SEQR Finding Statement for Women's and Children's Hospital of Buffalo -BNMC Campus would like to file the attached information for the next Common Council meeting to be held on March 5, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member State Environmental Quality Review Act Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Common Council ( "Common Council ") makes the following findings. Name of Action: Women's and Children's Hospital of Buffalo - BNMC Campus Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicant is proposing to construct an approximately 430,000 sq. ft., 251' high Women's and Children's Hospital of Buffalo ( "WCHOB ") at the north -west corner of High Street and Ellicott Street, Buffalo, New York with direct links to the adjacent Buffalo General Medical Center and proposed Medical Office Building ( "Action "). The Common Council is considering granting Kaleida Health permanent easements in the Ellicott Street and Goodrich Street right -of -ways for the construction of a utility duct bank and also a separate staff /employee tunnel to service WCHOB. Project Site 818 Ellicott Street, Buffalo, New York Lead Agency City of Buffalo Planning Board Agency Jurisdiction: Pursuant to the Charter and Code of the City of Buffalo, the City of Buffalo Common Council has jurisdiction to consider easements in City -owned property, in circumstances such as these where the easements will facilitate future development of the City and not interfere with the public's use of the property. Here, the Applicant is seeking easements in the Ellicott Street and Goodrich Street right -of -ways totaling 0.13± acres of subsurface rights to facilitate the construction of an employee /staff tunnel and a utility duct bank. Date Final Environmental Impact Statement Accepted: May 22, 2012 Martin Grunzweig City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5085 RECEIVED AND FILED NO. 53 L. RUBIN- CERTIFICATE OF RELIEF FROM DISABILITIES A. WEITSMAN Re: 409 Hertel Avenue Dear Councilmembers: Attached hereto please find a copy of the Certificate of Relief from Disabilities granted by New York State to Mr. Adam Weitsman. As you will note this Certificate relieves Mr. Weitsman from any disability and bars with respect to holding a license, including Scrap Processor and Wholesale Junk Dealer licenses issued by the City of Buffalo. Although Mr. Weitsman is not the applicant for the licenses currently pending before your honorable body, this Certificate would entitle him to be an applicant as it removes the absolute bar against convicted felons set forth in the City ordinances. To hold Mr. Weitsman's prior conviction against his father in the face of this Certificate would be a gross abuse of discretion. Very truly yours, Laurence K. Rubin RECEIVED AND FILED NO. 64 L. RUBIN -REQ LEAD AGENCY STATUS MICHIGAN ST AFRICAN AMERICAN HERITAGE CORR Request for Lead Agency Status Michigan Street African American Heritage Corridor Management Plan Dear Commissioner Harvey and Members of the Buffalo Common Council: The Michigan Street African American Heritage Commission (the "Commission "), created by Section 41.5(1) of the Parks, Recreation and Historic Preservation Law of the State of New York, is requesting Lead Agency status for the adoption of a Management Plan ( "Management Plan ") for the Michigan Street African American Heritage Corridor as required by Section 41.07 of the Parks, Recreation and Historic Preservation Law. If you agree with the Commission's request for Lead Agency status, please sign both copies of this letter in the space provided and return one signed copy by fax or mail to our office. Pursuant to SEQRA, agencies that undertake, fund or approve an action must evaluate the project's potential impact on the environment. When two or more agencies are involved in the review of a Type I action, a Lead Agency is designated to coordinate the environment review process and assure compliance with the requirements of SEQRA. As an addressee of this letter, your agency has been identified as one of the potentially involved agencies for this action. Enclosed for your review is Part I of the Full Environmental Assessment Form (FEAF). Please indicate your agreement with appointing the Commission as Lead Agency for the coordinated environmental review of this project under SEQRA in writing as soon as possible. If we do not hear from you within thirty days of this letter's date, we will assume that you concur with the Commission assuming Lead Agency status. Thank you for your attention to this matter. Sincerely, Laurence K. Rubin Mr. Smith moved: That the Common council hereby concurs with the Michigan Street African - American Heritage Corridor Commissions' assumption of Lead Agency status for the coordinated environmental review for the Michigan Street African - American Heritage Corridor Management Plan PASSED AYES 9, NOES 0 NO. 66 B. RUSSELL - ARTICLE -STORE OWNER CHARGEN IN TOBACCO SALE TO MINOR Attention: Please file this item: Buffalo News Article - Store Owner Charged in Tobacco Sale to Minor for the next Common Council General Meeting, March 5, 2013. Bonnie E. Russell President Pro Tempore University District Council Member "United for University The Buffalo News Store owner charged in tobacco sale to minor Published: February 19, 2013, 7:50 AM A Kensington Avenue man was arrested about 1:5o a.m. Monday for allegedly selling a pack of cigarettes in his store at 970 Kensington to an undercover 15- year -old girl working with law enforcement. Andrew Francois, 53, was charged with second - degree unlawfully dealing with a child. REFERRED TO THE BUSINESS REGULATORY TASK FORCE NO. 66 M. STRENGER-SUM MARY OF WNY FOOD TRUCK ASSOC ISSUE PRIORITIES Buffalo City Code Ch. 316 re: food trucks now "sunsets" on April 1, 2013. At the invitation of Legislation Committee Chairman Joseph Golombek, the WNYFTA has prepared a detailed letter memorandum containing specific recommendations, and our rationale for same, to address perceived issues with the current statute. The WNYFTA remains willing to refrain from seeking relief from the current operating restrictions, including the 100 ft. radius proximity restriction from open restaurants, in exchange for substantial reductions to the licensing and permit fees now assessed by the City ($1,000 annual fee) and Buffalo Place (generally in excess of $1,000, as calculated by the square footage of the truck); the WNYFTA also seeks to eliminate or consolidate various Special Event permit and miscellaneous fees into the annual renewal of the food truck license and associated fee. After more than one full year of operation, the members of the WNYFTA have not received a single citation for a violation of the current food truck law. Its members have concluded that the current proximity restrictions are not precluding trucks from successfully operating throughout Buffalo; rather, the excessive annual fees assessed by both the City and (especially) Buffalo Place are collectively weighing like an albatross upon the local food truck industry, hindering many of these new businesses from taking flight. Specific proposals for reducing and revising the various fee structures are set forth herein (see, i.e., page 4 of letter to Golombek). The WNYFTA looks forward to working with representatives of the Common Council and Buffalo Place on how we can partner with the City to allow food trucks to flourish, while still respecting the concerns of existing businesses and restaurants. Mitchell M. Stenger, Esq., of Counsel to the WNYFTA REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 A. WALTERS - OPPISITION FOR WHOLESALE JUNK DEALER AND SCRAP PROCESSORS' LICENSE 409/427 HERTEL, 204/320 MILITARY Dear Ladies and Gentlemen of the Common Council: We represent the interests of a coalition of concerned citizens ( "Coalition ") comprised of people who live and work in the vicinity of a proposed scrap metal processing facility ( "Proposed Facility ") at 409 Hertel Avenue, 427 Hertel Avenue, 204 Military Road and 320 Military Road ( "Site ") in the City of Buffalo. The Coalition includes the West Hertel Business Association, North Buffalo Enterprises and a dozen or so residents who live in proximity to the Proposed Facility. The Coalition strongly objects to the grant of a wholesale junk dealer license and a scrap processor license ( "Licenses ") under Chapter 254 of the City of Buffalo Charter and Code ( "Code ") to Ben Weitsman & Son of Buffalo, LLC ( "Applicant "), an affiliate of Upstate Shredding LLC and Ben Weitsman & Sons, Inc. As discussed in more detail below, for several reasons, the Coalition believes the Licenses should not, and may not, be granted to the Applicant. The Code states that operations such as those of the Proposed Facility may not be undertaken within 200 feet of a residence, yet the Applicant's own submissions clearly indicate there are homes less than 200 feet from the Site. In addition, the Code clearly prohibits the issuance of the Licenses to a facility whose owner or operator has been convicted of a felony. While Applicant has tried to circumvent this prohibition by making his wife the owner, the record in this matter establishes that Adam Weitsman, who was convicted of a felony in 2004 for writing over $1 billion in worthless checks to meet the needs of his business, Upstate Shredding, is, in fact, the operator. The very nature of this crime (not to mention the scope) in relation to the Proposed Facility is disconcerting, in addition to the fact that the Code prohibits the granting of a license to someone convicted of such a crime. The Code also calls upon the Common Council to take into account the impact of the Applicant's activities upon the environment and residential neighbors when reviewing a license application. There are serious concerns about the noise from the Proposed Facility and its impact upon sensitive receptors within the vicinity of the Site, including homes and a public school immediately across the street from the Proposed Facility. Additionally, a significant increase in traffic volume from the Proposed Facility's operations will impact the community, near an intersection which already has a history of a high number of traffic accidents. Any one of these issues justify denial of the Licenses. Taken in combination, it is respectfully submitted that the Council must deny the Licenses to Applicant. We are enclosing the following exhibits attached hereto and made part of this letter: FBI 2004 Financial Institution Fraud and Failure Report Weitsman Second Noise Report - February 4, 2013 Background and Machinery Noise Level Graphs from February 4, 2013, Noise Report Arcadis' Background Noise Level Report - December 31, 2012 Weitsman Traffic Study Phillips Lytle January 14, 2013 Submission to Planning Board Exhibit L: City of Rochester Junk Dealer License to Adam Weitsman /Ben Weitsman & Son of Rochester d /b /a Upstate Shredding Chapter 254 of the Code Chapter 254 of the Code prohibits anyone from carrying on the business of buying, selling or otherwise dealing in any used or second hand materials including but not limited to various metals and automotive parts, equipment or accessories without a wholesale junk dealer license from the Common Council. Chapter 254 -6 also authorizes the issuance of a scrap processor license to anyone who holds a wholesale junk dealer license. Chapter 254 requires that the Common Council approve or deny such licenses taking into account "the impact of such activity upon the environment, upon surrounding residential neighborhoods and upon other relevant factors such as noise, foul odors, traffic patterns, ease of ingress and egress from the proposed activity and factors of public health, safety and welfare ". The Proposed Facility is within 200 feet of Residential Dwellings in Violation of Chapter 254 Chapter 254 -11(B) of the Code expressly prohibits abandoning, wrecking, dismantling, sorting, storing, placing or keeping scrap metal, junk vehicles or other scrap material in any yard, open place or open area on premises any part of which is closer than 200 feet to any residential dwellings. This prohibition explicitly applies to scrap metal processors such as the Applicant. (See Chapter 254- 6(B)). The Applicant's site plan application (attached hereto as Exhibit A) clearly shows that there are residential dwellings directly across from the Site on Hertel Avenue which are much closer than 200 feet and that the Applicant will store and sort junk vehicles and scrap metal in open areas on the Site. This storage and sorting of junk vehicles and scrap metals, as detailed in the Description of the Action in the Full Environmental Assessment Form (hereto attached as Exhibit B) is expressly prohibited by Chapter 254. We understand that the Applicant has taken the position that this prohibition does not apply to the Proposed Facility because an auto parts /junk yard business known as Auto City previously operated on the Site. While Chapter 254 does, in fact, contain a grandfathering exception to the 200 foot prohibition for wholesale junk dealers that have been operating on the same premises since June, 1951, the Applicant cannot qualify for this exception for three different reasons, each of which requires that the Licenses be denied. First, the Proposed Facility is a high volume scrap processor which estimates that it will have hundreds of customers per day. (See Exhibit B). Its operations have no similarity to Auto City, a small junk parts yard, which would have had only a dozen or so customers a day. Second, in order to qualify for the grandfathering exception, the new junk dealer must be on the same premises as the old junk dealer. However, Auto City only operated at 409 Hertel. The Proposed Facility will be located at 409 Hertel, 427 Hertel Avenue, 204 Military Road and 320 Military Road. These other properties are unimproved and not part of Auto City. (See aerial photos from the City of Buffalo GIS mapping tool available online (attached hereto as Exhibit C)). Thus, use of these properties for the Proposed Facility cannot be grandfathered. Third, and no less important, even if the Applicant could establish that Auto City was in operation since 1951 (we are unaware of any evidence of same), Auto City ceased operations at 409 Hertel last summer. The exception only applies to premises where a wholesale junk dealer is "established and operating." Thus, Auto City's former operation at 409 Hertel cannot serve as a basis to circumvent the 200 foot prohibition. The Proposed Facility Would Be Operated by a Convicted Felon in Violation of Chapter 254. Chapter 254 -4 of the Code prohibits the Common Council from issuing the Licenses to any owner or operator that has been convicted of a felony. (Emphasis added). In an apparent effort to circumvent this prohibition, the Applicant has not identified Adam Weitsman, the owner of Upstate Shredding /Ben Weitsman & Son, as the owner of Ben Weitsman & Son of Buffalo. Instead, Applicant has identified Kim Weitsman, Adam Weitsman's wife, as its owner. Nonetheless, even if Applicant has not identified himself as the owner, it is clear that Adam Weitsman will be the operator of the Proposed Facility. In fact, the Applicant submitted information to the Planning Board with its site plan application for the Proposed Facility that clearly states the Proposed Facility will be operated by Adam Weitsman's company, Upstate Shredding /Ben Weitsman & Son. For instance, a packet of news articles written specifically about Upstate Shredding and Ben Weitsman & Son was submitted to the Planning Board by the Applicant as demonstrative of the quality of the operator of the Proposed Facility. (See Exhibit D). An additional news article, available on the website for Upstate Shredding /Ben Weitsman & Son (www.upstateshredding.com) discusses the recent growth of Upstate Shredding /Ben Weitsman & Son. Adam Weitsman is directly quoted as saying that he expects approval of his new Buffalo facility shortly. (See Exhibit E). These articles, submitted or posted by Upstate Shredding /Ben Weitsman & Son, establish that Adam Weitsman will, in fact, be the operator of the Proposed Facility. It is the Coalition's understanding that Mr. Weitsman has a prior felony conviction for fraud. In fact, a 2004 report issued by the FBI states that Mr. Weitsman, the owner of a recycling business in the Binghamton, New York area, was sentenced to prison in 2004 for check fraud. (See Page 36 -7 of FBI report attached hereto as Exhibit). The FBI states that Mr. Weitsman wrote in excess of $1 billion in worthless checks to obtain cash to meet the operational needs of his business, Upstate Shredding. This clearly demonstrates that Applicant must be denied the Licenses. Under Chapter 254 -4 of the 1. The website for Upstate Shredding /Ben Weitsman & Son, Inc. clearly identifies Adam Weitsman as the owner of the company (see, message from the owner under corporate profile: site visited on February 22, 2013). 2 See also, Junk Operator License from City of Rochester issued to Adam Weitsman as owner of Ben Weitsman & Son of Rochester d /b /a Upstate Shredding, attached hereto as Exhibit L. Code, the Licenses cannot be granted to a facility whose operator has been convicted of a felony, particularly a conviction having to do with fraud. (See Chapter 254 -4 prohibiting issuance of licenses to anyone convicted of "fraud of any sort "). It is respectfully submitted that such denial is necessary to protect the citizens of Buffalo. While Mr. Weitsman has worked hard to create an image as a philanthropist and respected businessman (see Exhibit D), Coalition members have learned of disturbing reports about Mr. Weitsman's "aggressive" business tactics. A competitor of Coalition member North Buffalo Enterprises recently reported that Weitsman employees have been parking outside of his facility and taking down the license plate numbers of his customers. These customers are then contacted and advised to utilize Upstate Shredding. This is not the kind of operator that the City should be granting Licenses. Noise and Traffic from the Proposed Facility Justify Denying the Licenses Aside from the Code compliance problems, the Applicant's submissions to the Planning Board give rise to significant concerns regarding potential adverse impacts to the surrounding community from noise and traffic associated with the Proposed Facility. Noise Impacts Noise from the Proposed Facility will be a significant issue in the community. The Applicant prepared two different noise studies by two different consultants in conjunction with the Planning Board's State Environmental Quality Review Act ( "SEQR ") process for the Proposed Facility. While the final noise report dated February 4, 2013 states that noise impacts will not be significant from a SEQR perspective, this report (attached hereto as Exhibit G,) clearly documents that noise levels from the Proposed Facility and its machinery will be significantly louder than existing baseline noise levels at the residential properties across the street (see Exhibit It). This conclusion is consistent with the Coalition's efforts to document background noise levels. In order to establish existing noise levels in the vicinity of the Site, Arcadis, a well- respected environmental firm, was retained by a Coalition member in December to conduct a background noise assessment on a residential property immediately across Hertel Avenue from the Site. A copy of Arcadis' December 31, 2012 report is attached hereto as Exhibit L The report clearly documents that on weekday afternoons and weekends, when background noise levels are lowest, the Proposed Facility will increase noise levels substantially and, in some cases, by more than 15 decibels. This will significantly impact the quality of life for residents living across Hertel Avenue from the Proposed Facility, which will operate seven days a week from 7:00 am to 7:00 pm. It will also adversely impact students attending class at the West Hertel Academy, which sits across from the Proposed Facility on Military Road. Traffic impacts The Applicant also provided a Traffic Study to the Planning Board in connection with the SEQR process for the Proposed Facility. The Traffic Study, attached hereto as Exhibit ], raises significant concerns about localized traffic impacts, particularly at the intersection of Hertel Avenue and Military Road, an intersection with a history of a high number of traffic accidents. The traffic projections for the Proposed Facility are based upon unsubstantiated assumptions which we believe substantially underestimate traffic that will actually result from Applicant's operations. The key unsubstantiated assumption is that the average customer transaction will be approximately 1200 pounds per transaction. Local data that we submitted to the Planning Board shows that average customer transactions in Buffalo are closer to 500 pounds per transaction. This means that in order for Applicant to reach its projected volume of scrap, traffic levels will be 2 to 3 times higher than the volumes projected in its traffic study. Such volumes will have a significant impact on the local community. While noise and traffic impacts from the Proposed Facility may not be significant enough to require the preparation of an environmental impact statement pursuant to SEQR, they are significant enough to justify the denial of the Licenses. Conclusion Based on the information presented above, the Coalition respectfully suggests that the Common Council must deny the Licenses to Applicant. We sincerely appreciate the opportunity to submit these comments to the Common Council and trust that the information provided herein will result in appropriate action by the Council Very respectfully submitted, Phillips Lytle LLP Adam S. Walters ASW /pjs Attachments Attached CD available for review in the City Clerk's Office RECEIVED AND FILED PETITIONS NO. 58 W. BREESER, OWNER, USE 1270 NIAGARA ST TO CONVERT A WAREHOUSE TO A FITNESS CENTER IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (HRG 3/12/13)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 59 J. GLAVEY, OWNER, USE 904 ABBOTT RD FOR AN OUTDOOR PATIO (HRG 3/12/13)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 60 P. STRADA, AGENT, USE 396 KENMORE, FOR A FREESTANDING POLE SIGN WITH L.E.D. COMPONENT (NO HRG)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 S. HERBERT & O- QUESTIONS RE MLK PARK The City Clerk Office City Hall 65 Niagara Sq Buffalo N.Y. 14202 To whom this may concern: East Side resident's who make up - The coalition to save MLK Park, don't want city officials to skate by without answering some questions on the progress of construction on the long delayed splash pad and ice skating rink in Martin Luther king Park. The coalition is requesting the Common Council to call a public meeting along with media; concerning the construction work going on in the wading pool area. The city of Buffalo is spending 4.5 million of tax payer's dollar's on this new slash pad project, which suppose to have been ready the summer of July 1 st of 2012. Delay after delay still there is no activity taking place. The coalition to save MLK Park last called a public meeting Jan 14 2013 invited all stake holder's including Mayor Brown, "no one came they disrespected the community, who just wanted a updated tax payer's progress report. Need answers to questions -I -when will the fences barricading access to the water feature come down? 2 -and will the rink be open for ice skating this winter? 3 -how much money the city already paid out - to Man - o - Trees, and Wendel? What work is completed and how much is reminding? The coalition is sure the Buffalo Common Council is fully aware of the displeasure of the residents on the Eastside as well as the at -large communities throughout the city of Buffalo, concerning the new water feature in MLK Park. Answers sought on splash pad, ice rink, from all involve: Mayor Brown: Council President Richard A. Fontana Demone A. Smith Majority Leader: Public Work Department: City Park Department: Construction Company - Man - O - Trees: Wendel Ducschemr Architect, the design group: Olmstead Parks: The Public: We the under sign live in the city of Buffalo, and make up the coalition to save MLK REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 62 A. SZCEPANIEC & O- OPPOSITION FOR SCRAP YARD 406 HERTEL /276 MILITARY RD February 28, 2013 Mr. Gerald Chwalinski City Clerk Room 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: I ask that you please file the attached petition in opposition for scrap yard to be located at 406 Hertel Avenue /276 Military Road for discussion at the March 5, 2013 Common Council meeting. Sincerely, Joseph Golombek, Jr. City of Buffalo North District Councilmember Copy available for review in The City Clerk's Office RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON NO. 63 APPOINT LABORER II(TEMP)(MAX)(LORENZO)(PW) CCP #36, FEB 19 Mrs. Russell moved: That Communication 36 of February 19, 2013, be Received and Filed and that the Temporary appointment of Irma Lorenzo, 2232 Kenmore Avenue, Buffalo 14207 stated above at the salary of $34,139.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 64 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTYCLK) (C.C.P #52, 2/19) Mrs. Russell on now moves that the above item be Received and Filed. ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 65 D. SMITH -C. PERALES -INFO RE REWARD FOR A NEW GOVT PERFORMANCE PROGRAM (C.C.P #53, 5/29) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 66 M. KEARNS- CONCERNS LEASE AGMTS BTWN COB AND NON - PROFIT PARTNERS (C.C.P #35, 2/7) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 67 NAME CITY -OWNED POCKET PARK "PATTY PARETE PARK" (ITEM NO. 109, C.C.P., FEB. 19, 2013)(HRG 3/5) Mr. Golombek moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Franczyk, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Marilyn Rogers Nancy Standish Mr. Smith now moved that the hearing be closed. Seconded by Mr. Rivera CARRIED Mr. Franczyk now moved approval of said item. Seconded by Mr. Smith Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the pocket park at 33 Whitney Place be named the Patricia "Patty" Parete Memorial Park in honor of Officer Parete is hereby approved. PASSED AYES 9, NOES 0 NO. 68 SEQR -SITE PLAN APPROVAL METAL RECYCLING FACILITY 409 -427 HERTEL 204/320 MILITARY (NORTH)(PLAN BD) (C.C.P #4,2/19) Mr. Golombek now moves that the above item be Received and Filed ADOPTED NO. 69 REQUEST FOR EASEMENT RIGHTS - KALEIDA HEALTH (ITEM NO. 6, C.C.P., FEB. 19, 2013) Mr. Golombek moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Marc Romanowski Mr. Smith now moved that the hearing be closed. Seconded by Mrs. Russell CARRIED Mr. Smith now moved approval of said item. Seconded by Mr. Pridgen Mr. Golombek moved: That that above item be, mad the same hereby is returned to the Common Council without recommendation; That the Common Council hereby approves the proposed easement agreements between the City of Buffalo and Kaleida Health, previously submitted to the Common Council, provided the following conditions are satisfied: 1. The City of Buffalo Planning Board recommends and /or approves the right of way /easement area to the extent necessary; 2. In accordance with standard abandonment procedures, it will be necessary for the Common Council to set a date for a public hearing and to direct the publication of a five (5) day notice of said hearing to be marked "Notice of Hearing "; said hearing shall be conducted at 2:00 p.m. in the Council Chambers on March 5, 2013; 3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council; 4. That the final design /plans in reference to the easement areas are to be submitted to the Department of Public Works for their review and approval before construction can start; 5. That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress of any right of way concerns or issues, if and when they should arise; 6. Kaleida Health agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works; 7. Any and all utilities located within the easement areas will be preserved and protected as necessary and /or otherwise addressed to the satisfaction of the Department of Public Works; 8. The official granting of easement interests under the affected public rights of way will not become effective until the easement agreements creating and conveying the easement interests are filed in the Erie County Clerk's Office; and 9. The terms and conditions of the proposed easement agreements shall be substantially similar to those outlined in the attached easement agreements. The final drafts of the easement agreements shall be negotiated to finalization and subject to review and approval of the Department of Public Works and the City of Buffalo Corporation Counsel's Office. That the Common Council hereby approves the proposed easement agreements with Kaleida Health in consideration of the foregoing and for payment in the amount of $37,950.00 for the easements providing the above stated conditions are satisfied and the Common Council authorizes the Mayor to execute the easement agreements to be negotiated to finalization and approved to form by the Law Department to facilitate the new Women's and Children's Hospital project at 118 Ellicott Street, and authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the easement agreements and the foregoing. PASSED AYES 9, NOES 0 NO. 70 ENCROACHMENT IN CITY RIGHT -OF -WAY - 388 DELAWARE (ITEM NO. 23, C.C.P., FEB. 19, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -67 of the City Charter (Encroachment Regulations), to issue a "Mere License" to Mr. Kenneth C. Riter of HHL Architects upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right -of -way; and That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance and /or bond in an amount deeded sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED AYES 9, NOES 0 NO. 71 D. PRIDGEN PETITION FROM N. GREEN & O RE UNIFIED CODE FOR OUTDOOR WOOD BOILERS (C.C.P #65, 2/19) Mr. Golombek moved: That the above item is hereby referred to the Committee on Legislation ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 72 S. WANG, OWNER, USE 3233 BAILEY TO ERECT ONE -STORY RESTAURANT WITH ONE APARTMENT(UNIV)(DPIS) (ITEM NO. 60, C.C.P., FEB. 19, 2013) 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 Common Council hereby approves the application of S. Wang, Owner, to use 3233 Bailey to erect a one -story restaurant with one apartment in the Kensington /Bailey Business District. PASSED AYES 9, NOES 0 NO. 73 D. EOANNOU, AGENT, USE 1416 HERTEL FOR A SIDEWALK CAFE IN THE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 61, C.C.P., FEB. 19, 2013) 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 Common Council hereby approves the application of D. Eoannou, Agent, to place a 16" front and 12" depth sidewalk cafe at 1416 Hertel Avenue at North Park Avenue in the Special Zoning District. PASSED AYES 9, NOES 0 NO. 74 V. CALI, OWNER, USE 1456 HERTEL FOR A SIDEWALK CAFE IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 62, C.C.P., FEB. 19, 2013) 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 Common Council hereby approves the application of V. Cali, Owner, to establish the use of an existing restaurant and sidewalk cafe at 1456 Hertel Avenue in the Hertel Avenue Special Zoning District. PASSED AYES 9, NOES 0 NO. 75 C. AUERBACH, AGENT, REZONE 400 FOREST FOR A MIXED USE CAMPUS /BOUTIQUE HOTEL (NORTH)(DPIS) (ITEM NO. 63, C.C.P., FEB. 19, 2013) Mr. Pridgen moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Golombek, the item is properly before the Common council, and the hearing is opened. CARRIED Appearances Corey Auerbach Mr. Smith now moved that the hearing be closed. Seconded by Mrs. Russell CARRIED Mr. Smith now moved to recommit said item to the Committee on Legislation. Seconded by Mr. Golombek ADOPTED NO. 76 FOOD STORE LICENSE (NEW) - 626 COLVIN A/K /A 630 COLVIN (DEL)(EDPI) (ITEM NO. 40, C.C.P., FEB. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khalil A. Alhamri d /b /a 630 Colvin Avenue Inc. located at 626 Colvin a /k/a 630 Colvin. PASSED AYES 9, NOES 0 NO. 77 FOOD STORE LICENSE (NEW) - 177 FRENCH (FIILL(EDPI) (C.C.P. #42, FEB 19) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 78 USED CAR DEALER - 160 ABBOTT (SOUTH)(EDPI) (C.C.P. #44, DEC 11) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 79 F. CRNGAROV, OWNER, TO USE 2516 MAIN FOR UNDERGROUND STORAGE TANK, ERECT ONE -STORY MASONRY RETAIL WITH FUEL STATION AND POLE SIGN (DEL)(DPIS) (ITEM NO. 105, C.C.P., FEB, 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 80 D. PRIDGEN -S. MATHIS- CONCERNS INCIDENT AT BOTTOMS UP (C.C.P #50,11/13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 81 CAT LICENSING IN THE COB ( PRIDGEN) (C.C.P #83,10/2) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 82 RESPONSE ILLEGALLY PLACED ADVERTISING SIGNS (C.C.P #42, 5/1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 83 ENFORCEMENT OF PROPERTY MAINTENANCE CODES RELATING TO MISSING GARAGE DOORS (EXC RES) (C.C.P #92, 3/6) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 84 SECOND HAND DEALER - 442 WILLIAM (EI1)(DPIS) (ITEM NO. 84, C.C.P., JAN. 22, 2013) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Abdulkarim Saleh d /b /a Gamestar, located at 442 William is hereby approved. PASSED AYES 9, NOES 0 NO. 85 SCRAP PROCESSOR - 409 HERTEL (NORTH) (EDPI) (ITEM NO. 95, C.C.P., JULY 24, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. Upon due deliberation the Common Council finds as follows: That the proposed enterprise will create an undue increase in truck traffic with the introduction of 8 daily round -trips of 24 -wheel tractor trailer vehicles, and increased automobile traffic in the already burdened Hertel Avenue - Military Road corridor; That the proposed enterprise will create a loss of on- street parking on Hertel Avenue; That the proposed enterprise will create an undue increase in noise in the Hertel Avenue - Military Road neighborhood, particularly from the noise of loading tractor trailers throughout the day; That proposed mitigations are insufficient to offset the traffic and noise increases anticipated by this operation. DENIED NO. 86 WHOLESALE JUNK DEALER - 409 HERTEL (NORTH) (EDPI) (ITEM NO. 96, C.C.P., JULY 24, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. Upon due deliberation the Common Council finds as follows: That the proposed enterprise will create an undue increase in truck traffic with the introduction of 8 dally round -trips of 24 -wheel tractor trailer vehicles, and increased automobile traffic in the already burdened Hertel Avenue - Military Road corridor; That the proposed enterprise will create a loss of on- street parking on Hertel Avenue; That the proposed enterprise will create an undue increase in noise in the Hertel Avenue - Military Road neighborhood, particularly from the noise of loading tractor trailers throughout the day; That proposed mitigations are insufficient to offset the traffic and noise increases anticipated by this operation. DENIED RESOLUTIONS NO. 87 SONSOR: COUNCIL MEMBER FONTANA MEMBER APPOINTMENT TO CAT TASK FORCE Whereas: The mission of the Taskforce is to meet and provide recommendations to the Common Council on how to humanely address the overpopulation of feral /stray cats within the City. Now Therefore Be It Resolved: The members of the Cat Task Force are: Peter Reese, Bohdan Chomyn, Barbara Carr, Elizabeth Licata, Regina Harris, Kelly McCartney, Edie Offhaus, and Linda Robinson. ADOPTED BY: COUNCIL PRESIDENT FONTANA NO. 88 APPOINT ART ROBINSON TO CAT TASK FORCE Be It Resolved: The Common Council hereby appoints Arthur Robinson of 192 Maurice St. as a member of the Cat Task Force. ADOPTED NO. 89 BY: MR. FRANCZYK WAIVE PERMIT FEES FOR CENTRAL TERMINAL ANNUAL DYNGUS DAY CELEBRATION Date: 5 March 2013 Whereas: The Buffalo Central Terminal Restoration Corporation (CTRC) is dedicated to preserving and restoring the historic former train station in Buffalo's Broadway - Fillmore community; and Whereas: On April 1, 2013, the annual Dyngus Day celebration will take place at the Central Terminal; and Whereas: The Central Terminal is currently undergoing renovations to its roof and the inside of the building is unavailable for use on Dyngus Day this year; and Whereas: The Central Terminal Restoration Corporation has asked the Common Council to waive city fees associated with the 2013 Dyngus Day celebration, which will take place outside on the grounds of the Central Terminal; and Whereas: The City of Buffalo and this Common Council encourages the Buffalo Central Terminal Restoration Corporation to continue in their efforts as caretakers of the Central Terminal, a true Buffalo treasure; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives all fees for the Central Terminal Restoration Corporation annual Dyngus Day event at the Buffalo Central Terminal on April 1, 2013; and Be It Further Resolved: That the City Clerk is directed to send copies of this resolution to Department of Economic Development, Permits & Inspection Services, Department of Public Works, Parks and Streets and the Special Events Committee for their review. PASSED AYES 9, NOES 0 NO. 90 BY: MR. FRANCZYK BATTAGLIA TRANSFER STATION APPLICATION TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; 1037 -1055 SENECA STREET; SEQR LEAD AGENCY COORDINATION Whereas: By letter of February 7, 2013 the New York State Department of Environmental Conservation's Division of Permits for Region Number 9 advised the City of Buffalo that it has received an application from Battaglia Demolition, Inc. (a /k/a /Battaglia Recycling Center) to modify its Solid Waste Management Permit for the facility located at 1037 -1055 Seneca Street within the City of Buffalo; Whereas: Battaglia Demolition, Inc. seeks to modify its Construction and Demolition transfer station by: increasing its capacity from 3800 tons per month to 750 tons per day (a nearly sevenfold increase), to install material sorting and screening system and to expand its operating hours by 20 hours per week; Whereas: The New York State Department of Environmental Conservation extended the time to comment on the appropriate Lead Agency for the Project until March 11, 2013, and asked for clarification concerning the previous municipal solid waste transfer station proposal by Battaglia Demolition, Inc.; Whereas: Applicant holds a current transfer station for construction and demolition debris license, issued by the City of Buffalo Commissioner of Public Works that is subject to conditions placed by the City of Buffalo Commissioner of Public Works, City of Buffalo Planning Board, and the City of Buffalo Common Council pursuant to their separate approval authorities contained in Chapter 263, Article VII of the Buffalo City Code: Whereas: The changes in operation requested by Applicant exceed the conditions of operation placed in the existing license granted by the City of Buffalo; Whereas: Whereas Battaglia Demolition, Inc.'s intended use of the property clearly requires the concurrent approval of the Common Council of the City of Buffalo and the City of Buffalo Planning Board, pursuant to the Buffalo City Charter and Code §263 -29; Whereas: The City of Buffalo Common Council and the City of Buffalo Planning Board are involved agencies within the meaning of the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8) and the Regulations of the Commissioner of Environmental Conservation adopted thereunder; Whereas: The Common Council believes that the anticipated impacts of the action being considered are primarily of local significance, thereby necessitating that it be designated as the Lead Agency pursuant to 6 NYCRR 617(b)(5)(v)(a); and Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo formally requests that it be designated as Lead Agency in the above - referenced matter because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. And, Be It Further Resolved: That the Common Council formally requests that it be designated Lead Agency for the above - entitled action pursuant to the authority vested in the Commissioner of the New York State Department of Environmental Conservation by 6 NYCRR Part 617(b)(5)(i -vi); And, Be It Further Resolved: That City Clerk is hereby directed to mail copies of this Resolution by Certified Mail to: The Commissioner of the New York State Department of Environmental Conservation; each involved agency, including the City of Buffalo Planning Board, the New York State Division of Environmental Conservation's Division of Environmental Permits, Region 9, and the City of Buffalo Department of Public Works. ADOPTED NO. 91 BY: MR. LOCURTO REASON FOR DENIAL OF FOOD STORE LICENSE APPLICATION FOR 2248 MAIN ST. Whereas: The ordinance governing Food Store Licenses within the City of Buffalo states that "All new applications and renewals therefor subject to this chapter shall require Common Council approval "; and Whereas: Ali A. Majed on behalf of A &H Main and Florence Deli filed a food store license application on May 5, 2011, and said application was forwarded to the Common Council's Committee on Legislation, where debate was had thereon on February 28, 2012, and the application was then forwarded to the full Council with a recommendation for denial on and said recommendation as affirmed on May 1, 2012; and Whereas: This Common Council seeks to further expound upon the reason for said denial in this Resolution, which shall constitute the findings and reason for said determination; and Whereas: Community members expressed concerns that no available parking was located at the intersection of the proposed store and that limited parking was located behind the building; and Whereas: The applicant failed to conduct a market study or present a business plan that would address the multiple existing food stores in the immediate area; and Whereas: The proposal includes the sale of beer at a location directly across the street from a school for deaf youth; and Whereas: The St. Mary's School for the Deaf, located across the street from 2248 Main St. objected to an establishment that plans to distribute liquor, tobacco, and lottery items in the immediate vicinity of its school facility; and Whereas: At the public hearing conducted by the Common Council's Legislation Committee, Mr. Fred Elamin, the property manager of 2248 Main St. testified that St. Mary's School for the Deaf was in support of the proposed food store contrary to information provided by school officials; and Whereas: Community complaints concerning the upkeep of the property and its grounds were expressed to the property manager to no avail; and Whereas: The local community association, the Parkside Community Association, expressed opposition to the food store license application in contradiction to the alleged support the applicants purported to have secured from the immediate community residents; and Whereas: Ali A. Majed signed an affidavit on May 5, 2011 acknowledging that it is a violation of City ordinances to operate a business establishment without all required licenses and that he must not open and /or operate his business establishment until all the required licenses were issued by the City of Buffalo, and he subsequently operated the business without receiving all required licenses; and Whereas: Ali A. Majed indicated that he resides at 94 Rodney Ave. in the City of Buffalo on his food store license application dated May 5, 2011, however, testimony from Fred Elamin, the property manager of 2248 Main St., given February 28, 2012 at a public hearing conducted by the Common Council Legislation Committee indicated that Mr. Majed resides in Rochester, NY and did not plan to relocate until such time as the food store operation commenced; Now Therefore Be It Resolved; That for the above listed reasons, the City of Buffalo Common Council finds the issuance of a food store license inconsistent with the well being of the community immediately located around 2248 Main St. and therefore denies the application. r_1 Biel irk.L1►1.1:»9:1:L» III tell ra:111111I.IWI101I:M3 :1011 W_1 to] Zrar_WFA1101 :Zyq NO. 92 BY: DARIUS G. PRIDGEN MORATORIUM ON DEMOLITIONS IN THE MICHIGAN STREET AFRICAN AMERICAN HERITAGE CORRIDOR WHEREAS: The Michigan Street African American Heritage Corridor is a nationally and internationally recognized neighborhood that serves as the focal point of residents' and visitors' experiences for learning about the City of Buffalo's rich African American history; and WHEREAS: The State of New York charged the Michigan Street African American Heritage Corridor Commission with preparing a management plan for the Michigan Street African American Heritage Corridor consistent with the New York State Department of Parks, Recreation and Historic Preservation - Article 41 - Section 41.09 Management Plan; and WHEREAS: That the boundary of the Michigan Street African American Heritage Corridor be defined as follows: 1. Beginning at the intersection of Michigan Avenue and East Ferry Street (at the north); 2. East on East Ferry to Masten Avenue; 3. South on Masten Avenue to Woodlawn Avenue; west on Woodlawn Avenue to Michigan Avenue; 4. Including Michigan Avenue, between East Ferry Street and Woodlawn Avenue; 5. South on Michigan Avenue to Best Street; 6. East on Best Street to Masten Avenue; 7. South on Masten Avenue to East North Street; 8. West on North Street to Michigan Avenue; 9. Including Michigan Avenue, between Best Street and North Street; 10. South on Michigan Avenue to Sycamore Street; 11. East on Sycamore Street to Pine Street; 12. South on Pine Street to William Street; 13. West on William Street to Elm Street; 14. North on Elm Street to Sycamore Street; 15. East on Sycamore Street to Michigan Avenue; 16. South on Michigan Avenue to East Exchange Street; 17. East on East Exchange Street to Louisiana Street; 18. North on Hickory Street to South Division Street; 19. West on South Division Street to Michigan Avenue; and WHEREAS: A moratorium on demolition within this corridor will protect historically significant sites and structures until the Michigan Street African American Heritage Corridor Commission, Inc. adopts a detailed infill plan; and NOW, THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby declares a moratorium on the demolition of any buildings or structures located within the boundary of the Michigan Street African American Heritage Corridor; NOW, THEREFORE BE IT FURTHER RESOLVED: That this moratorium will take effect upon passage of this resolution and will terminate in one year of its passage or until a detailed infill plan is adopted by the Michigan Street African American Heritage Corridor Commission, Inc., whichever comes first; and AND, BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Permit & Inspection Services, the Office of Strategic Planning and the Michigan Street African American Heritage Corridor Commission, Inc. PASSED AYES 9, NOES 0 NO. 93 BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER SUPPORT WORLD WILDLIFE ANNUAL EARTH HOUR CAMPAIGN Date: March 5, 2013 Whereas: Our towns and cities are already facing staggering costs caused by weather driven to extremes by climate change, and the resulting power outages, flooded roadways, shuttered businesses, and damaged homes are becoming more and more frequent. Many cities across America understand these risks and are taking practical measures to prepare; and Whereas: Weather - related disasters have been declared in 49 of the 50 states since 2006. These events affected counties that include over 80% of the U.S. population; and Whereas: The economic impact and loss of life regarding natural disasters are significant, Super Storm Sandy cost an estimated $20 billion in damages, Hurricane Katrina 5125 billion, Mississippi River flood was a 500 -year event cost several billion. The Largest tornado outbreak in U.S. history occurred April 25 -27, 2011. In that week, 305 twisters damaged the Southeast, breaking the 1974 record of 267 tornadoes. The outbreak caused 55 billion in damage. One single tornado in 1999 cost $1 billion alone; and Whereas: Internationally the Japanese 9- magnitude earthquake and tsunami killed an estimated 28,000 with another 500,000 being displaced the World Bank that Japan's disaster will cost between 5100 -$235 billion. In Haiti 7.3 magnitude Earthquake killed between 200,000 - 250,000 people and the ravaged island in January 2010. The Inter - American Development Bank estimated that it cost $8.5 billion in damage to Haiti's economy; and Whereas: The UN, in 1972, convened the United Nations Conference on the Human Environment, in Stockholm and released an article which stated "A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well- being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes "; and Now Therefore Be It Resolved; That the City of Buffalo Common Council supports the efforts of World Wild Life Earth Hour Saturday March 23 for one hour 8:30 p.m. - 9:30 p.m. and encourages the Citizens of Buffalo to turn off their lights to bring awareness to this critically important issue to our city, state and nation; and Now Therefore Be It Further Resolved; That this resolution be forwarded to City of Buffalo Mayor Byron W. Brown, Department of Public Works, and other agencies that deal with energy conservation. ADOPTED NO. 94 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1011 -COMMON COUNCIL LEGISLATIVE #10 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1011 - Common Council Legislative # 10, which currently reads: 1 Assistant Legislative Aide $27,018 Is hereby amended to read: 1 Assistant Legislative Aide II $31,397 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. BYRON W. BROWN MAYOR GERALD CHWALINSKI CITY CLERK DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS Timothy A. Ball APPROVED AS TO FORM Corporation Counsel PASSED AYES 9, NOES 0 NO. 96 BY: MR. SCANLON TRANSFER OF FUNDS - COMMON COUNCIL That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10102001 - 412002 Hourly $102,778 10104001 - 411001 Salary Councilmember Smith $ 9,678 To: 10220006 - 434000 Other Contractual Services $112,456 PASSED AYES 9, NOES 0 NO. 96 SPONSORS: CHRISTOPHER P. SCANLON URGE THE CITY OF BUFFALO TO REEVALUATE THEIR RELATIONSHIPS WITH BANKS AND LENDING INSTITUTIONS THAT REFUSE TO BE RESPONSIBLE NEIGHBORS WHEREAS, There are over 100 vacant homes in the South District of the City of Buffalo. These homes are not unique to one specific area of South Buffalo, rather they plague almost every street; and WHEREAS, There are currently no Federal or New York State laws requiring banks /lending institutions to carry out the foreclosure process in a set time frame, resulting in properties indefinitely sitting vacant for several years; and WHEREAS, These properties are quickly deteriorating, attracting illegal activity, and decreasing the value of surrounding properties. Banks /lending institutions rarely, if ever, properly maintain these properties by cutting the grass, shoveling, making necessary repairs, and any and all other responsibilities that the City of Buffalo expects of homeowners; and WHEREAS, Despite interest from area residents, they are unable to purchase these properties because the foreclosure remains incomplete; and WHEREAS, The residents of the South District take great pride in their neighborhood and find these properties to be detrimental to the stability of their community; and WHEREAS, Vacant properties are not a problem that is unique to the South District, they are scattered throughout the City, negatively impacting each and every neighborhood; and WHEREAS, It is unacceptable for any person, organization, or institution to allow properties that they are responsible for to blight our great City; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council respectfully requests that the Comptroller of the City of Buffalo reevaluate the City of Buffalo's relationship with any bank or lending institution that refuses to act as a responsible neighbor by not maintaining vacant properties that they control and by refusing to expedite the foreclosure process so that vacant homes can be sold and inhabited by responsible homeowners; and BE IT FURTHER RESOLVED, That the City Clerk forward copies of this resolution to the Office of the Comptroller of the City of Buffalo. ADOPTED NO. 97 BY: MR. SMITH GIVE BUFFALO AND WESTERN NEW YORK A LEVEL PLAYING FIELD WITH NEW YORK TELEVISION AND FILM PRODUCTION TAX CREDIT WHEREAS, according to a 2012 report by the Motion Picture Association of America, the film and television industry grew by nearly 25% in the New York City Area between 2008 and 2011 as a direct result of the Empire State Film Production Tax Credit; and WHEREAS, since New York State began offering tax credits to support the film and television industry in 2004, producers have spent more than $7 billion in New York State - mainly in New York City; and WHEREAS, Buffalo and Western New York has a feature rich landscape full of film friendly locations and architectural assets; and WHEREAS, Buffalo and Western New York has a diverse experienced group of production professionals, production facilities, union support professionals, and a full service regional film office with a proven track record; and WHEREAS, elevated expenses in relation to transportation, lodging, and labor contracts places Buffalo and Western New York at an extreme disadvantage in comparison with surrounding states that feature similar regional assets; and WHEREAS, major film productions set in Buffalo and Western New York are forced to use other states and Canada for their primary locations; and WHEREAS, while the Empire State Film Production credit is intended to benefit the entire state, it has disproportionately benefitted only the downstate region; and WHEREAS, just a across the Peace Bridge in Ontario, Canada, a 35% tax production credit which features a 10 percent bump for productions that travel outside of the Metro Toronto Area has provided to be a proven model; and WHEREAS, this proposed film tax credit bump provides a significant economic impact that benefits our local workforce, supply vendors, hotels, etc. WHEREAS, The Council realizes a proportional increase in the credit allotment would not require additional funding of the existing Empire State Film Production Credit; NOW, THEREFORE BE IT RESOLVED That this Council respectfully requests an increase in the Empire State Film Production Credit from 30% to 45% for production occurring in the Western Region of New York State to include the City of Buffalo, and to allow our region access to a level playing field when it comes to accessing the 7 billions dollars of revenue, and skilled jobs that come from the feature film industry that until now have not been totally realized. BE IT FURTHER RESOLVED That copies of this resolution be distributed to Governor Cuomo, Mayor Brown, State and County Delegations, Regional Development Council Co- Chairman - Howard Zemsky, Empire State Development President - Kenneth Adams, and Empire State Regional President - Sam Hoyt. ADOPTED NO. 98 BY: DEMONE A. SMITH BY: DEMONE A. SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Connie L. Fitzpatrick Denise M. Manfredo Gayle L, Syposs Total: 3 ADOPTED NO. 99 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Steven Michael Cirrito James Giles Eddylees Guzman Martha Lenore McKeone Renee Rechan TOTAL:5 ADOPTED NO. 100 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, March 12, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, March 12, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, March 12, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 12, 2013 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 Riven 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. 101 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:05 PM GERALD A. CHWALINSKI CITY CLERK