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Home My WebLink About13-0402NO. 7 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 2, 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 April 2, 2013 FINAL 21. MAYOR 34- MAYOR - EXECUTIVE At Col. Ward Wtr Treatment Fac 1. Plan Bd -SEQR Negative Declaration -601 Amherst St(North) R &F 2. Plan Bd -SEQR Negative Declaration -907 E. Ferry St(Mas) R &F 3. Plan Bd -SEQR Negative Declaration -301 Franklin St(Ell) R &F 4. Plan Bd -SEQR Negative Declaration -941 & 945 Washington(Ell) R &F 5. Strat Plan- Amendment of City Reversionary Rights in Bflo Psychiatric Ctr APP 6. Strat Plan -Mass Ave Sustainable Neighborhoods Proj PILOT, 335 -339 Mass Ave, 62 W. Utica and 99 Chenango St APP 7. Strat Plan- Permission to Designate Dev. 663 East Ferry(Mas) APP 8. Strat Plan- Report of Sale- 13 Bremen & 390 Vermont(Nia) APP 9. Strat Plan- Report of Sale -408 Grant St(Nia) APP 10. Strat Plan- Report of Sale 33 and 35 Inter Park(Mas) APP 11. Strat Plan- Report of Sale 551 East North(Ell) CD 12. Strat Plan- Report of Sale 122 Sears(Fill) APP 13. Strat Plan- Utility Easement Agmt Nia. Mohawk for Use of 1301 Broadway(Fill) - APP COMPTROLLER APP 14. Certificate of Necessity- Ballpark Improvements(PW) R &F 15. Certificate of Necessity- Lafayette Ice Rink R &F 16. Response -Urge COB to Reevaluate Relationships With Banks/Lenders FIN PUBLIC WORKS 17. Bus Shelters (4) Within City ROW APP 18. Permission to Engage Sery of Consulting Eng for New Fluoride System at Col. Ward Wtr Treatment Fac. APP 19. Permission to Engage Sery of Consulting Eng for Ohio St Waterline ImprovAPP 20. Permission to Engage Sery of Consulting Eng for 16 -Inch Watermain at Michigan POLICE 32. Drug Asset Forfeiture Wire R &F Ave Crossing the City Ship Canal APP 21. Permission to Engage Sery of Consulting Eng for 60 -Inch Watermain Header 34- 33A Extend Lease Agreement- Downtown Stadium With Bflo Bisons At Col. Ward Wtr Treatment Fac APP 22. Permission to Enter Repl Agmt -Non Marchiselli- Bridge Painting Project APP 23. Permission to Increase Consultant Contract - Hydraulic Model Maint APP 24. Report of Bids Bridge Painting APP 25. Report of Bids -( Revised) Broadway Market Security Guards(Fill) APP 26. Report of Bids Coca Cola Field Renovations(Ell) APP 27. Report of Bids Fruit Belt Redev of Carlton St Michigan St to Jefferson St(Ell)_APP 28. Report of Bids Pool Repairs 2013 GC & Mechanical Work(Various Dist) APP 29. Report of Bids Shoshone Pool Guard House Roof Reconstr(Univ) APP 30. Req Permission to Accept Funds From EC Greenway Committee and Enter Agmt With USA Army Corps of Engr for Rehab of Bird Island Pier APP 31. Appoint Recreation Instructor(Perm)(Max)(Snyder) CS POLICE 32. Drug Asset Forfeiture Wire R &F 33. Police Camera -Req for Orleans and Shirley Ave(Univ) R &F CORPORATION COUNSEL 34- 33A Extend Lease Agreement- Downtown Stadium With Bflo Bisons APP 35- 34. First Amendment to Lock -up Agmt By and Btwn COB and County of Erie APP 36- 35. Info Community Chess Project for Niagara Square R &F PERMITS AND INSPECTIONS 37- 36. Food Store License (New) 1305 Broadway(Fill) LEG 38- 37. Food Store License (New) -1545 Broadway(Fill) LEG 39- 38. Food Store License (New) 119 Grant AKA 127 Grant(Nia) APP 40- 39. Food Store License (New) 1431 Kensington aka 1455 Kensington(Univ) LEG 41- 40. Food Store License (New) 838 Niagara(Nia) APP 42- 41. Food Store License (New) 472 Normal(Nia) APP 43- 42. Food Store License (New) 1727 South Park(South) LEG 44- 42A. Restaurant Dance License(Renewal) 3053 Main(Univ) LEG COMMUNITY SERVICES 45- 43. Proposed Agmt with PAL for Administration of Funding for Funding for Bflo Peacemakers Program APP CTTV ('T FRK 46- 44. Notice of Intention -Re -Name Portion of Letchworth St. From Grant St to MISCELLANEOUS 52- 49A. N. Bycina -Ready Freddy Program Ress St- Rockwell Road (hrg 04 /16)(North) ADOPT 47- 45. Liquor License Applications R &F 48- 46. Leaves of Absence R &F 49- 47. Appoint Asst Leg Aide II(Santiago) ADOPT 50- 48. Notices of Appointment - Seasonal R &F 51- 49. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 52- 49A. N. Bycina -Ready Freddy Program ED 53- 50. Buffalo Water Board - Monthly Report -Feb 2013 R &F 54- 50A D. Funke - Article "Rail Station to be Medical Campus Gateway CD 55- 51. NYSDEC - Registry of Inactive Haz Waste Disposal -302 Abby St(South) R &F 56- 52. D. Pridgen- Conditions for All Food Stores in Ellicott District EDPI 57- 53. M. Skudin - Dominion Telecom Inc - Notice of Renewal of ROW Franchise Agmt_R &F PETITIONS South Buffalo APP 58- 54. H. Martinez, Agent, Use 1586 S. Park to Open an Existing Restaurant in the Trailblazing Sign request for Hon. David A. Collins CD South Park Special Zoning District(South)(hrg 04/09) LEG,CPBD 59- 55. J. Popiela, Agent, Use 65 Ridgewood for a Freestanding Sign(hrg 04 /09)(South)LEG,CPBD 60- 56. J. Brandon, Owner Use 1416 Hertel aka 1430 Hertel for an Outdoor Cafe In the Hertel Ave Special Zoning District(hrg 04 /09)(Del) LEG,CPBD 61- 57. J. Popiela, Agent, Use 1885 South Park for a Freestanding Sign(no hrg)(South)_LEG,CPBD 62- 58. J. Popiela, Agent, Use 65 Abbott Rd for a Freestanding Sign(no hrg)(South)LEG,CPBD 63- 59. D. Wilcox, Agent, Use 1618 Main St for Freestanding Sign(no hrg)(Ell) LEG,CPBD 64- 60. M. Poloneasez & O- Oppose Expanded Use 1389 Delaware(Ell) R &F RESOLUTIONS 107- 60A. Fontana, ect Bflo Common Council Support Citizens for Regional Transit 108- 61. Fontana Waive Fees for the 7 th Annual Ride for Missing Children APP 109- 62. Golombek Advocating for a No Kill Policy for Animal Shelters LEG 110- 63 Golombek,etc Waiver of Special Events Fee for GoBike Bflo's Play APP 111- 64. LoCurto Waive Permit Fees for 5k Charity Race in Delaware Park APP 112- 65. Pridgen Waive Permit Fee for BAC to Promote Health & Wellness -APP 113- 65A. Russell Denial of Food Store License Appl for 3172 Bailey(Univ)APP 114- 65B. Scanlon, etc LL Intro #1 -Amend Charter With Respect to Collection of Occupancy Taxes LEG 115- 66. Scanlon Transfer in Funds(PW) Ballpark Improvements APP 116- 67. Scanlon Transfer in Funds - Lafayette Ice Rink APP 117- 68. Scanlon Waive Park Rental and Event Fees for Various Events in South Buffalo APP 118- 68A. Smith Trailblazing Sign request for Hon. David A. Collins CD 119- 68B Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS Personal Injury Total 66- C. 1. Buffalo Civic Auto Ramps PFY Invoice Total: $ 4,314,000.00 Prior Fiscal Year Invoices $ 4,320.00 APP $ 4,320.00 Items for Discussion 67- D. 1. Hahn - Baker, David & Anne Personal Injury 5,033.76 65- A. 1. Annunziata, Sibohan as Parent of Ronan Sibohan $ 9,000.00 APP A. 2. Fitzgerald, Joan as Admin. of the Estate of Richard Fitzgerald $ 5,000.00 APP A. 3. Funderburke, Ronnie $ 5,000.00 APP A. 4. Heidenriech, Greg and Mary Lou $ 1,500.00 APP A. 5. McCarthy, Theresa as Admin. of the Est. of Charles McCarthy$ 1,100,000.00 $ APP A. 6. Mosey, Acea as Admin. of the Est. of Jonathan Croom $ 3,000.000.00 $ 10,045.57 88- 19. No 78 Mar 19 K. Gardner, Owner, Use 44 Brayton for a Change of Use from a Dog Kennel to (plus non - monetary consideration) a Sit in Restaurant/Bakery and Outdoor Patio(hrg 3 /26)(Nia) APP APP A. 7. Parrish, Mary $ 25,000.00 APP A. 9. Peruzzini, Claudia and Andrew $ 72,500.00 APP A. 10. Redfem, Ladon and Green, Brian $ 2,500.00 APP A. 11. Sannders, Marion $ 2,000.00 APP A. 12. Williams, Lamont $ 42,500.00 APP Personal Injury Total 66- C. 1. Buffalo Civic Auto Ramps PFY Invoice Total: $ 4,314,000.00 Prior Fiscal Year Invoices $ 4,320.00 APP $ 4,320.00 Items for Discussion 67- D. 1. Hahn - Baker, David & Anne $ 5,033.76 APP 68- D. 2. Herman, Mary Ann $ TBD TABLE D. 3. Kilanowski, Diane $ TBD TABLE 69- D. 4. Marak, Patricia $ 685.81 APP D. 5. Rogers, Sheila $ 1,966.00 APP D. 6. Schwab, Leon $ 2,360.00 APP Discussion Items Total: $ 10,045.57 88- 19. No 78 Mar 19 CIVIL SERVICE 70- 1. Com 33 Mar 19 Appoint Police Chief(Prov)(Young)(Pol) APP 71- 2. Com 51 Mar 19 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE, 72- 3. No 34 Feb 5 M. LoCurto- Dorchester HOA- Property Damage Caused by City Plows R &F 73- 4. Res 73 Oct 18 Reinstating Funding for Children's Ctr at Bflo City Court(Exc Res's) R &F COMMUNITY DEVELOPMENT 74- 5. Com 6 Mar 19 Report of Sale -700 Humboldt(Mas)(Strat Plan) APP 75- 6. Com 7 Mar 19 Report of Sale -79 Keystone(Lov)(Strat Plan) RECOMMIT 76- 7. Com 8 Mar 19 Report of Sale -694 Northumberland(Mas)(Strat Plan) APP 77- 8. Com 9 Mar 19 Report of Sale -34 Norway(Ell)(Strat Plan) APP 78- 9. Com 12 Mar 19 Report of Sale -223 West(Ell)(Strat Plan) APP 79- 10. Com 14 Mar 19 Report of Sale -206 Winslow(Mas)(Strat Plan) RECOMMIT 80- 11. No 55 Mar 19 Erie Canal Dev Corp- Notice of Intent to Act as Lead Agency for SEQR- 17 Locations(14 Grain Elevator and 3 Bridges) APP 81- 12. No 48 Mar 5 M. LoCurto- Elmwood Village Assoc -Green Code Comments R &F 82- 13. No 43 July 10 M. LoCurto -Letter from Olmsted to NYSDOT -Rte 198 R &F LEGISLATION 83- 14. No 73 Mar 19 J. Price, Agent Use 765 Elmwood for an Outdoor Patio(Del)(hrg 3/26) APP 84- 15. No 74 Mar 19 C. Ntapolias, Owner, Use 1900 Hertel -New Owner in Existing Rest. In Hertel Ave Special District(Univ)(hrg 3/26) RECOMMIT 85- 16. No 75 Mar 19 S. Sysombourne, Agent, Use 810 Elmwood - Reestablish Sit -In Restaurant and New Outdoor Patio(Del)(hrg 3/26) APP /COND 86- 17. No 76 Mar 19 D. Putnam, Owner, Use 936 Elmwood aka 946 - Exp[and an Existing Bar /Rest W /Outdoor Patio in Elmwood Special Zoning District(Del)(hrg 3/26) APP /COND 87- 18. No 77 Mar 19 M. Bevilacqua, Agent, Use 715 Elmwood, Change to Take Out Rest W /Outdoor Patio on City ROW(Del)(hrg 3/26) APP 88- 19. No 78 Mar 19 K. Gardner, Owner, Use 44 Brayton for a Change of Use from a Dog Kennel to a Sit in Restaurant/Bakery and Outdoor Patio(hrg 3 /26)(Nia) APP 89- 20. No 79 Mar 19 D. Hall, Agent, Use 1005 Abbott Rd to Place Underground Gas Storage Tanks, Pump Islands Canopy and Move Driveway(South)(hrg 3/26) RECOMMIT 90- 21. No 80 Mar 19 W. Sierra, Agent, Use 1256 Hertel to Open Existing Rest in The Special Zoning District(Del)(hrg 3/26) APP 91- 22. No 81 Mar 19 J. Goetz, Owner, Use 1472 Hertel to Reestablish a Sit in Restaurant /Sidewalk Caf6(Del)(hrg 3/26) APP 92- 23. No 82 Mar 19 A. Terragnol, Agent, Use 301 Franklin St for a Change in Use From Offices to A Sit -In Restaurant With a Sidewalk Cafe in City ROW(Ell)(no pub hrg) APP 93- 24. No 84 Mar 19 L. Vishwanath, Agent, Use 58 Oberlin to Erect 2 Story Frame Apartment Bldg -20 Units With Parking(Fill)(no pub hrg) APP 94- 25. Com 40Mar 19 Food Store License(New) -290 Walden (Fill)(EDPI) APP /COND 95- 26. Com 43Mar 19 Used Car Dealer -534 Colvin(Del)(EDPI) RECOMMIT 96- 27. No 59 Mar 19 J. Golombek- Various Food Store Licenses R &F 97- 28. No 60 Mar 19 C. Hawley - Elmwood Village Assoc - Official Comments on the Bflo GreenCode R &F 98- 29. No 64 Mar 19 D. Pridgen -Info Deli Stores in Ellicott R &F 99- 30. No 66 Mar 19 D. Rivera- Request D. Kazmierczak to Speak on Citation From the COB R &F 100- 31. No 67 Mar 19 B. Russell-List of Deli Stores(Various Districts) R &F 101- 32. No 68 Mar 19 M. Schmand -Bflo Place's Role in Administering the Special Downtown Dist _R &F 102- 33. No 122 Mar 19 Used Car Dealer 160 Abbott(South)(EDPI)( 444,2/19)( 478,3 /5) APP /COND 103- 34. No 56 Mar 5 M. Stenger - Summary of WNY Food Truck Assoc Issue Positions R &F 104- 35. Com 34 Jan 22 Food Store License(New) -272 Georgia (Fill)(EDPI) APP /COND 105- 36. No 38 Nov 30 Restaurant Dance Class IV -3144 Main(Univ)(EDPI)( 435,11/3)(477,11/16)R &F 106- 37.Res 88 Mar 18 Direction on Renewal of Operating Lic of Businesses W/I COB R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 2, 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 March 19, 2013 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR NEGATIVE DECLARATION 601 AMHERST ST (NORTH) 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 BEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Wegman's Food market, Retail Outparcel Development Location: 601 Amherst Street Type of Action: Unlisted - Uncoordinated Description: Wegman's Food Markets proposing the construct on of a outparcel building located at 601 Amherst Street, Buffalo New York. Work will include the construction of a 15000 sq. ft. retail store and associated site improvements. The site work include an underground storm water storage system, curbed parking area, site lighting, sidewalk enhancements along Amherst Street and landscaping. The projects tentative construction schedule is to begin work in fall of 2013 and be completed in the summer of 2014. Prior to submittal to the Planning Board, Wegman's met with various community groups to discuss their project and to get suggestions regarding the design. They have incorporated many of the communities ideas into the building and site plan. The project is privately funded in the amount of approximately three million dollars +. The area immediately adjacent to the proposed development is a mix of one story concrete block/brick buildings, one and two story residential structures, and two story mixed use store front /residential buildings. The proposed building is a brick one story structure that will have similarities to the existing food market, however, since the original design was proposed it has been modified several times to incorporate several of the features found in the neighborhood, such as a raised parapet walls to provide a better street presence, awnings over doors and window transparency at the front and the Amherst side of the building, second floor windows and a mix of brick materials. 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 provide a number of employment opportunities to community residents as well as contribute to the Amherst Street revitalization and marketing efforts drawing more people to the street and the many other shopping and eating opportunities in the Grant Amherst neighborhood 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. Marry Grunzweig Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: March 12, 20t3 RECEIVED AND FILED NO. 2 PLAN BD -SEQR NEGATIVE DECLARATION 907 E. FERRY ST(MAS) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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 True Bethel Housing Location: 907 East Ferry Street Type of Action: Unlisted- Coordinated Description: Creative Structures Services on behalf of True Bethel Church is proposing the construction of a 50 unit apartment building located at 907 East Ferry Street, Buffalo New York. The project will consist of the construction of a 50 unit senior citizen apartment complex located in a M1 zone; however the property is located next to a church and across from a new residential development, so the use is allowed as per the City of Buffalo Zoning Ordinance. Currently on site are two existing one story buildings with a combined area of 69,630 Square Feet ha area and an asphalt parking lot. The two buildings are proposed to be demolished and once complete, the construction of a new three story 14,229 Square foot building will begin. The new building will be used as an assisted living facility for senior citizens. The new building will accommodate fifty one bedroom dwelling units, spaces for resident activities, employee office and facilities for building maintenance and up -keep. Proposed site work will include new asphalt parking and concrete sidewalks, a new patio area and new site landscaping. New parking will be provided at the side of the building with access from East Ferry Slicer. 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 benefit to senior Citizens needing assisted living in the surrounding community is apparent and much needed. 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: March 12, 2013 RECEIVED AND FILED NO. 3 PLAN BD -SEQR NEGATIVE DECLARATION 301 FRANKLIN ST (ELL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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 Dinosaur Bar -B -Que Location: 301 Franklin Street Type of Action: Unlisted - Uncoordinated Description: Optima Design & Engineering, PLLC on behalf of Dinosaur Bar -B -Que has proposed to renovate the existing building located at 301 Franklin Street, Buffalo New York. The existing 1 -story building is 10,280 Square feet in area and is currently zoned DO (Downtown Opportunity Zone). The remaining work area includes a small part of an existing asphalt parking lot. The proposed scope of work will entail demolishing certain sections of the parking lot only where new building additions are being placed. Once demolition is complete, the renovation of the existing 6,011 square foot building will begin. The new 703 square foot addition on the southwest side of the building, a new 588 square foot addition on the southeast side of the building, a new 565 square foot covered patio area on the northeast side of the building will begin. The new restaurant will accommodate space for a new meat smoker units, dish and pot washing areas, dry food storage, beer, produce and meat coolers, food prep kitchen, open view kitchen, men's and women's lavatories, cal, /lounge area, outside patio dining area, a and interior seating for dining. Proposed site work will include new concrete access way and stairs, a new concrete patio, a concrete meat smoker access area, a new entrance canopy and new site landscaping. Street parking and surrounding parking lots will accommodate the parking for guests. Dinosaur Bar B Que began as a mobile concession unit in 1983 and currently has expanded to five restaurants in New York State and one in the state of New Jersey. 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 the restaurant will provide for yet another unique stop for the many individuals and families that visit the City of Buffalo Downtown Entertainment District. It is sure to become a destination for many travelers to our area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. 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: March 12, 2013 RECEIVED AND FILED NO.4 PLAN BD -SEQR NEGATIVE DECLARATION 941 & 495 WASHINGTON (ELL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 3 (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: Smart Home Buffalo Location: 941 & 945 Washington Street Type of Action: uncoordinated - unlisted Description: Architectural Resources on behalf of Energize Buffalo Niagara Medical Campus proposing the conversion of a three story brick houses into an interpretive resource center located at 941 & 945 Washington Street Buffalo Now York. The "Smart Home" will convert two existing home one believed to date from 1915 and the other possibly from the 1860's both of which owned by the Buffalo Medical Campus (BNMC). The two structures, in their current form total 3,348 Square Feet, were renovated into a medical office building in the mid -1980s when they were connected by a wood frame addition. This addition has not held up well with age and has had significant water infiltration. The connection is intended to be removed as part of the proposed redevelopment. Surrounding these brick homes are state of the art new medical related facilities, some LEED certified. Beyond its boundaries are residential neighborhoods of the Fruit belt and Allentown neighborhoods, This project presents opportunities to create connections within the campus and out into the community. The project involves complete renovation from the basement to the attic and a large addition to connect both buildings. Environmental considerations have been identified on all levels and incorporated in the renovation scope. The existing brick surfaces will be completed and where needed re- pointed in an attempt to peel back the years of neglect and restore the originals buildings to their intended colors. All the windows in the original buildings, themselves replaced fn the 1980's will be upgraded to thermally broken units for exceeding the originals ability to protect the occupants from hot and cold conditions. Special design considerations have been given to the look, trim and fit of the replacement windows located in the existing structures to more period appropriate, Constructed adjacent to the eastern and southern most portions of the existing building, a 7,690 Square Foot will serve the project both functionally and as a contemporary design feature, in addition to replacing the failing connection structure, this area will be where the new construction will be focused. It will serve as the primary entry locations, toilet, coat check, vertical egress and the main entry point within the structure to the exhibit spaces. A new elevator directly off the tabby will tie the two primary floors together and serve as the main accessible route for individuals requiring assistance. An extension of Allen Street is planned to the north of the property as well as the construction of the University of Buffalo Medical School, Both of these projects will add to the vibrancy and public profile of the "Smart Home Buffalo ", These developments will limit the utilization of the northern section of the property currently utilized as a parking lot. Beyond approximately seven feet from the north wall, it will be public right of way. Although the site area will be reduced considerably over the next couple of years, the property around the "Smart Home Buffalo" is seen as s useful teaching to01. There is a desire to use permeable paving to handle storm water as well as water - efficient landscaping and native plants that require minimal watering. As a functional education tool, there will be RaingardenM/ater Management Systems where water runoff from parking lots and roofs can be directed into. The goal of this portion of the project will be to enhance the natural habitat on site. 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 be tailored to aid in creating a walkable /teaching environment and be of materials that will be durable and long lasting for use by future generations. 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, Marty Grunzweig, Land use Controls Coordinator Room 901 City Hail, Buffalo New York 14202 - 716 851 -5085 Dated. March 12 2013 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 STRAT PLAN- AMENDMENT OF CITY REVERSIONARY RIGHTS IN THE BUFFALO PSYCHIATRIC CENTER The Mayor's Office of Strategic Planning requests that your Honorable Body approve an amendment to the title reverter and restriction rights which the City of Buffalo holds in approximately 42 acres of the Buffalo Psychiatric Center property at 400 Forest Avenue to permit the use of the 42 acres exclusively for the purposes of the Richardson Center Corporation to construct a mixed use campus for the community benefit as set forth in the attached proposed resolution. The attached draft deed to the State of New York, metes and bounds description, and aerial diagram set out the portion of the Psychiatric Center property affected and the proposed terms of the amendment of reversionary and restrictive rights. The Findings Statement pursuant to the New York State Environmental Quality Review Act was filed with the City Clerk on May 8, 2012. The Buffalo Common Council was an involved agency in the SEQR process. We also respectfully request that your Honorable Body authorize the Corporation Counsel to prepare the necessary title reversion and restriction amendments in such form and substance so as to properly effectuate the limited amendments as are set forth above and that the Mayor be authorized to execute the same. The purpose of the amendment is to allow the State of New York to transfer its rights in the property to the Richardson Center Corporation, while maintaining in all respects the City's reversionary rights in the property. The 42 acre parcel is the portion of the State Hospital Property that include the National Historic Site buildings designed by H. H. Richardson for the State Hospital. In addition, 42 acres of surrounding lands will be used to reestablish a portion of the hospital grounds that were designed by Frederick Law Olmsted. The deed provides a condition subsequent that the premises shall revert to the City of Buffalo, in the event that the buildings and lands are used other than for a mixed use campus for the community benefit by the Richardson Center Corporation including use as a boutique hotel, conference and event space, a Buffalo architecture center, and other complementary and consistent uses subject to the condition that the historic buildings and grounds shall be stabilized, preserved and rehabilitated in keeping with standards of the United States Secretary of the Interior. If these uses are abandoned the property returns to ownership be the City of Buffalo. BACKGROUND The City of Buffalo purchased the grounds for the present Buffalo Psychiatric Center in 1869 and 1870 using City bond funds. In 1870 the City deeded the property to the State of New York as an inducement to build the New York State Asylum for the Insane, the forerunner of the New York State Psychiatric Center. The City reserved a reversionary right in the property providing that, should the land cease to be used as an "asylum for the insane ", the property will return to City ownership. The State of New York commissioned H. H. Richardson to design the hospital, and Frederick Law Olmsted to design the grounds. Since their construction, the buildings and grounds of the State hospital have been a major landmark on the West Side of Buffalo. The Richardson buildings and grounds are listed in the National Register of Historic Places as a National Historic Site, placing them among the most important historic buildings in the nation. Over many years the New York State Office of Mental Health moved its operations into other buildings on the 400 Forest Avenue property. By the 1990's the Richardson buildings were abandoned and allowed to fall into decay. The park like Olmsted- designed setting of the hospital grounds was given over to parking lots and service roads. Subsequently the Richardson Center Corporation was created as a private, not - for - profit 501(c) (3) corporation to stabilize and conserve the historic buildings and grounds while rehabilitating the buildings for new uses. The State of New York authorized $75 million for the Corporation's historic re- use project. The Richardson Center Corporation has to date stabilized the historic buildings, installed new roofs, essentially eliminated water infiltration into the structures and commenced relandscaping of the south lawn of the property. The Department of Permit and Inspection Services and the Office of Strategic Planning, working with the Department of Law, have considered and processed a request from the Richardson Center Corporation (RCC) regarding their plan to save the Richardson Olmsted Complex buildings and grounds. They have created a sound plan for productive reuse beginning with a boutique hotel, conference and event space, and a Buffalo architecture center. Simultaneously the RCC has stabilized the buildings and grounds to ensure safety and prevent further deterioration. The Richardson Olmsted Complex project consists of 42 acres of vacant, substandard, and underutilized land and 14 historic buildings (nearly 500,000 square feet) that, in most instances, have been vacant and unattended for approximately 40 years. Said 42 acres of land are subject to certain title reversionary and restrictive rights in favor of the City of Buffalo. The reverter and restriction rights in favor of the City of Buffalo would need to be amended in order to permit the 42 acres to be used as the new Richardson Olmsted Complex and to allow this project to go forward revitalizing an anchor in the economic redevelopment of Buffalo's West Side neighborhood. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated March 28, 2013, be received and filed; and That the Common Council hereby approves an amendment to the rights which the City of Buffalo holds in approximately forty -two (42) acres of the Buffalo Psychiatric Center property at 400 Forest Avenue to permit the use of the forty -two (42) acres exclusively for the purposes of the Richardson Center Corporation. The amending deed shall provide a condition subsequent that the premises shall revert to the City of Buffalo in the event that the buildings and lands are used other than for a mixed use campus for the community benefit by the Richardson Center Corporation including use as a boutique hotel, conference and event space, a Buffalo architecture center, and other complementary and consistent uses subject to the condition that the historic buildings and grounds shall be stabilized, preserved and rehabilitated in keeping with standards of the United States Secretary of the Interior. That the Common Council hereby authorizes the Corporation Counsel to prepare the necessary title revision and restriction amendments in such form and substance as to property effectuate the limited amendments as set forth, and that the Mayor be authorized to execute same. PASSED AYES 9, NOES 0 NO. 6 STRAT PLAN -MASS AVE SUSTAINABLE NEIGHBORHOODS PROJ PILOT, 336 -39 MASS AVE, 62 W. UTICA AND 99 CHENANGO Your Honorable Body is hereby requested to approve a PILOT agreement (see attachment) between the City of Buffalo, the County of Erie, and Massachusetts Avenue Sustainable Neighborhoods Project. The People United for Sustainable Housing ( "PUSH ") Massachusetts Avenue Sustainable Neighborhoods Project involves the development of 5 units of high quality affordable rental housing units on the West Side of Buffalo NY, Erie County as follows: Address New /Rehab #Units #BR /Unit Square Feet 99 Chenango Rehab 1 3 1,300 335 -229 Massachusetts New 2 3 2,700 62 W. Utica Rehab 2 2 1,800 Three of the five units (60 %) will be affordable for households with incomes below 50% of the area median and two of the units (40 %) will be affordable for households with incomes below 60% of the median. It is projected that household sizes will range from two persons to six persons. While not limited to any special needs population, the units will be open to all income eligible households, including those with special needs. Consistent with the Green Development Zone created by PUSH, the units will incorporate green and energy efficient materials and systems. All development will be completed in accordance with the NYSERDA Energy Efficiency Program and will also be modeled on NYS Homes and Community Renewal's ( "HCR ") Green Building Criteria. All of these green enhancements are good for the environment and benefit the residents. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr. Smith moved: That the above the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated March 25, 2013, be received and filed; That That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie and Massachusetts Avenue Sustainable Neighborhoods Project. The project being proposed by the People United for Sustainable Housing ( "PUSH ") Massachusetts Avenue Sustainable Neighborhood Project involves the development of five (5) units of high quality affordable rental housing units on the West of Side of Buffalo, New York, located at 99 Chenango, 335 -339 Massachusetts, and 62 W. Utica in the City of Buffalo. Three of the five units (60 %) will be affordable for households with incomes below 50% of the area median and two of the units (40 %) will be affordable for households with incomes below 60% of the area median. It is projected that household sizes will range from two persons to six persons. While not limited to any special needs population, the units will be open to all income eligible households, including those with special needs. Consistent with the Green Development Zone created by PUSH, the units will incorporate green and energy efficient materials and systems. All development will be completed in accordance with the NYSERDA Energy Efficiency Program and will also be modeled on NYS Homes and Community Renewal's ( "HCR ") Green Building Criteria. All of these green enhancements are good for the environment and benefit the residents. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15- year PILOT. PASSED AYES 9. NOES 0 NO. 7 STRAT PLAN - PERMISSION TO DESIGNATE DEV. 663 EAST FERRY(MAS) Permission to Designate Developer 663 East Ferry SBL 101.37 -1 -31 Vacant Industrial Lot Approximately 162 x 200 Proposed Retail Store (the "Property ") Masten District The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Office of Real Estate ") has received a request from Ms. Janice White, Executive Director of True Community Development Corporation ( "Developer "), with a mailing address of 594 Winslow Avenue, Buffalo, New York, 14211 to purchase the above captioned Property which is approximately .74 acres. The Developer has received a tentative approval from Dollar General and is proposing to construct a new 9,100 square foot retail store. The Project will be financed privately, through owner's equity of $168,817 and bank financing from Northwest Savings Bank of $890,000. The Developer has indicated that no City or other Public Funding or Tax Credits will be used for this project. The purchase price of the Property shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer ( "Purchase Price "), which said appraised value is subject to review, and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body. The Office of Real Estate respectfully requests that Your Honorable Body designate the Developer, and /or a corporation, partnership, or other legal entity to be designated by or through Developer's or Developer's efforts, as the Developer of the Property for a period of twelve (12) months subject to but not limited to the following terms and conditions: a. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. b. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). C. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. d. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. f. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory DLA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. g. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. h. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. i. The Developer, or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Public Works, Parks & Streets) sole discretion. j. The LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easements rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. k. Upon signing of the LDA there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. I. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them m. The designation will expire twelve (12) months from the date the Common Council approves the designation. n. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. o. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. I am requesting that your Honorable Body approve the designation of True Community Development Corporation with a mailing address of 594 Winslow Avenue, Buffalo, New York 14211 and /or a corporation, partnership, or other legal entity to be designated by Developer, as Developer of the above - referenced Property on the above terms and conditions; I am further requesting that Your Honorable Body authorize the Corporation Counsel's Office to prepare the necessary LDA for the conveyance of the Property to the Developer for the development of the Project on the Property; and that the LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 22, 2013, be received and filed; That the Common Council hereby designates the True Community Development Corporation ( "Developer ") and /or a corporation, partnership, or other legal entity to be designated by or through the Developer or Developer's efforts, or as developer of the property for a period of twelve (12) months subject to the following conditions: 1. That the Developer submits a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimate total project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo; 2. That the Developer submits a colored rendering of the project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "); 3. That the Developer submits monthly progress reports to the Office of Strategic Planning, Division of Real Estate; 4. That the Developer submits evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing; 5. That the Developer shall pay a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. 6. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the property pursuant to the LDA to be negotiated by the Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, the Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the property; 7. That the Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with written Access, Indemnification and Insurance Agreement(s) between the City of Buffalo and each and every Contractor hired by the Developer that will access the property, for the purpose of determining, to the Developer's satisfaction, the suitability of the site for its intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC 22 9601 et seq., the Hazardous Materials Transportation Action, as amended, 49 USC ss 1801 et seq., the Resource Conservation and Recovery Act, as amended 42 USC ss 6901 et seq., Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the property; 8. That the successful negotiation of an LDA for approval by the Common Council is no later than twelve (12) months from the date the Common Council approves the designation; 9. That the Developer, or entity to be designated by the Developer, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's Department of Public Works, Parks and Streets sole discretion; 10. That the LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easement rights and access to arrangements satisfactory to the City's Division of Real Estate, Department of Public Works, Parks and Streets, and Corporation Counsel in their sole discretion; 11. That upon signing the LDA, there shall be a payment by the Developer to the City's Division of Real Estate a non - refundable deposit, in the amount of ten percent (10 %) of the to -be- agreed -upon purchase price. The purchase price is to be established in accordance with Article 27 of the City of Buffalo Charter; 12. That individuals and /or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them, are ineligible for designation; 13. That the designation shall expire twelve (12) months from the date the Common Council approves the designation; and 14. That the City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation peri6d for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure; and 15. That the designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. That the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary LDA for the conveyance of the property to the Developer for the development of the project on the property, and that the LDA and purchase price be forwarded to the Common Council for final approval prior to the transfer of title. PASSED MR. PRIDGEN RECUSED FROM VOTING ON THE ITEM AYES 8, NOES 0 NO. 8 STRAT PLAN - REPORT OF SALE 13 BREMAN & 390 VERMONT (NIA) Report of Sale 13 Bremen Street North Side 97.50' Northwest of Vermont Lot Size: 33'x 53' Assessed Valuation: $3,300 (Niagara District) 390 Vermont Street North Side 24' Northeast of Bremen Lot Size: 29'x 66' Assessed Valuation: $3,400 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Becky Powell on behalf of Bremen Street LLC to purchase 13 Bremen and 390 Vermont. Bremen Street LLC owns the two family dwelling at 9 Bremen, which is adjacent to both 13 Bremen and 390 Vermont. Bremen Street LLC also owns the vacant lot at 386 Vermont, which is adjacent to 390 Vermont. Ms. Powell has indicated they would like to purchase both 13 Bremen and 390 Vermont for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sate. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar and Fifty Cents ($1.50) per square foot. Ms. Powell on behalf of Bremen Street LLC has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800) for 13 Bremen and One Thousand Nine Hundred Dollars ($1,900) for 390 Vermont, One Dollar ($1.00) per square foot for the subject properties. Bremen Street LLC 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 13 Bremen and 390 Vermont to Bremen Street LLC in the amount of Three Thousand Seven Hundred Dollars ($3,700). 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated March 25, 2013, be received and filed; That the offer from Ms. Becky Powell, on behalf of Bremen Street LLC, in the amount of Three Thousand Seven Hundred Dollars ($3,700.00) for the purchase of 13 Bremen Street and 390 Vermont Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 9 STRAT PLAN - REPORT OF SALE 408 GRANT ST. (NIA) Report of Sale 408 Grant, N Cor. Garner Lot Size: 28'x 1 00' Assessed Valuation: $5,600. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael Morton and Ms. India Asplundh on behalf of Asplundh Properties, LLC 61 Richview Road #1802, Etobicoke, Ontario M9A 4MB Canada to purchase 408 Grant Street. Mr. Morton and Ms. Asplundh own a two family dwelling at 410 Grant which is adjacent to 408 Grant. They intend to expand the yard and use for green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Seven Cents ($.87) to One Dollar and Fifty Three Cents ($1.53) per square foot. Mr. Morton and Ms. Asplundh on behalf of Asplundh Properties, LLC have agreed and are prepared to pay Four Thousand One Hundred Dollars ($4,100), One Dollar and Forty Sic Cents ($1.46) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 408 Grant Street to Asplundh Properties, LLC in the amount of Four Thousand One Hundred Dollars ($4,100). 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated March 25, 2013, be received and filed; That the offer from Mr. Michael Morton and Ms. India Asplundh, on behalf of Asplundh Properties LLC, 61 Richview Road #1802, Etibicoke, Ontario M9A 4M8, in the amount of Four Thousand One Hundred Dollars ($4,100.00) for the purchase of 408 Grant Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 10 STRAT PLAN - REPORT OF SALE 33 AND 35 INTER PARK(MAS) Report of Sale 33 Inter Park, 371' E Humboldt Lot Size: 2'x 120' Assessed Valuation: $100. 35 Inter Park, 341' E Humboldt Lot Size: 30'x 120' Assessed Valuation: $1,100. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James K. Reeves and Mrs. Yolanda K. Reeves, 37 Inter Park Avenue, Buffalo, New York 14211 to purchase 33 and 35 Inter Park Avenue. Mr. and Mrs. Reeves own and reside at 37 Inter Park which is adjacent to 33 and 35 Inter Park. They intend to expand their yard and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Sixty Cents ($.60) per square foot. Mr. and Mrs. Reeves have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500), Forty Cents ($40) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sate of 33 and 35 Inter Park to Mr. James Reeves and Mrs. Yolanda Reeves in the amount of One Thousand Five Hundred Dollars ($1,500). 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated March 22, 2013, be received and filed; That the offer from Mr. James K. Reeves and Mrs. Yolanda K. Reeves, 37 Inter Park Avenue, Buffalo, New York 14211, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 33 Inter Park and 35 Inter Park, 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. 11 STRAT PLAN - REPORT OF SALE 551 EAST NORTH(ELL) Report of Sale 551 East North, 113.21' E Johnson Lot Size: 29'x 105' Assessed Valuation: $1,500. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Brian Keith, Town Garden Apartments, 161 Hickory Street, Buffalo, New York 14204 to purchase 551 East North Street. Mr. Keith recently purchased a single family dwelling at 547 East North and the vacant lot at 545 East North, which are adjacent to 551 East North. Mr. Keith has an open repair permit and is currently undergoing renovations. He is proposing to build an addition onto his home. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the safe. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Sixty Cents ($.60) per square foot. Mr. Keith has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Forty Cents ($.40) 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 551 East North Street to Mr. Brian Keith for the amount of One Thousand Two Hundred Dollars ($1,200). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 STRAT PLAN - REPORT OF SALE 122 SEARS(FILL) Report of Sale 122 Sears West Side 75.40' North of Paderewski Lot Size: 30'x 90' Assessed Valuation: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joseph M. Augustine, Attorney at Law on behalf of John H Rados to purchase 122 Sears Street, Buffalo, New York 14212. Mr. Rados owns and resides at 354 Paderewski Street, which is adjacent to 122 Sears. He also owns the property located at 356 Paderewski Street. Mr. Rados intends to use the subject property 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 Forty -Five Cents ($45) to Ninety -Eight Cents ($.98) per square foot. Mr. Rados has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Fifty -Two Cents ($.52) 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 122 Sears Street to Mr. John H. Rados in the amount of One Thousand Four Hundred Dollars ($1,400). 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated March 25, 2013, be received and filed; That the offer from Mr. Joseph M. Augustine, Attorney at Law, on behalf of John H. Rados, in the amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 122 Sears, 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. 13 STRAT PLAN - UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 1301 BROADWAY VACANT LOT 30 X 127 FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the National Grid requesting an easement between the City of Buffalo and Niagara Mohawk for use of a city owned vacant lot located at 1301 Broadway. The easement is being requested in order to erect a pole in the rear of 1301 Broadway to correct a hazardous condition of low hanging wires across the rear of the properties on the south side of Broadway between Milburn Street and Mohr Avenue. The easement will also accommodate access to their facilities in case of emergency. Attached is the proposed easement, diagram of the area along with a Utility Rider. This office has contacted the Corporation Counsel's Office and the Land Use Planning Committee and they have no objections to this easement. The Corporation Counsel's Office has approved the easement agreement as to form. I am recommending that Your Honorable Body approve the attached easement agreement and authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated March 26, 2013, be received and filed; and That the Director of Real Estate be, and she hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk for use of city -owned vacant lot located at 1301 Broadway. That the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO, 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 500,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Planning for Capital Projects $500,000 To: 36324706- 445100 Downtown Ballpark Improvements 2013 $ 500,000 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section { }20 -12 of the Charter, that it is necessary that the sum of $ 400,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Capital Projects Planning $400,000 To: 30083306 - 445100 Lafayette Ice Rink $400,000 RECEIVED AND FILED NO. 16 RESPONSE -URGE COB TO REEVALUATE RELATIONSHIPS WITH BANKS /LENDERS Hon. Christopher Scanlon Buffalo Common Council 1401 City Hall Buffalo, NY 14202 Re: 3/5/13 Resolution to "Urge the City of Buffalo to Reevaluate Their Relationships with Banks and Lending Institutions That Refuse to Be Responsible Neighbors" Dear Councilman Scanlon: I am in receipt of your March 5, 2013 resolution requesting that I reevaluate the City of Buffalo's relationships with banks and lending institutions that refuse to be responsible neighbors. I wholeheartedly agree that incomplete foreclosures are a major problem in Buffalo, and result in blight, crime, lower property values, and increased costs for the City. Banks need to be good neighbors and take care of their properties, just like every other homeowner in the City. I commend you for your efforts to hold these banks responsible. In order to begin a dialogue with these banks, please provide me with a list of derelict properties for each bank in question. Once I have received this information, I will write a letter to each bank to bring to their attention the problems with these properties, and inquire as to what their plans are to remedy the situation. I look forward to continuing to work with you on this very important issue. Sincerely, Mark J.F. Schroeder Comptroller REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 17 BUS SHELTERS (4) WITHIN CITY RIGHT -OF -WAY Mr. James Morrell, Manager of Service Planning for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install four bus shelters within City right -of -way. The proposed locations are: W. Ferry St. @ Grant St., southwest comer South Park Ave. @ Southside Pkwy., east side of South Park in grass area Carolina St. @ Busti Ave., North side of Carolina in grass area Elmwood Ave. near North St., east side of the street The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within City right -of -way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance 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 bus shelters. Mr. Smith moved: That the above item be, and the above communication for the Commissioner of the Department of Public Works, Parks and Streets, dated March 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 issue a "Mere License" to Mr. James Morrei1, Manager of Service Planning for the Niagara Frontier Transportation Authority to install four (4) bus shelters within City Right -of -Way at West Ferry at Grant Street, southwest comer; South Park Avenue at Southside Parkway, east side of South Park in grass area; Carolina Street at Busti Avenue, north side of Carolina in grass area; and Elmwood Avenue near North Street, east side of the street; upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation; 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets; 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within the City right -of -way; and 4. That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance 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 bus shelters. PASSED AYES -9 NOES -0 NO. 18 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR A NEW FLUORIDE SYSTEM AT THE COL. WARD WATER TREATMENT FACILITY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire CDM Smith for design, bidding and construction phases services for a new Fluoride System at the Col. Ward Water Treatment Facility. This new liquid fluorosilicic acid system will replace the antiquated existing dry feed sodium fluoride system. Fluorosilicic acid is commonly fed to drinking water supplies to increase the fluoride concentration in the water. The City is required by NYS Department of Health to upgrade our system. The change from a dry feed sodium fluoride system to a liquid fluorosilicic acid feed system will improve operator health and safety. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds are available in a Division of Water account(s) 53230796 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 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 for design, bidding and construction phases services for a new fluoride system at the Col. Ward Water Treatment Facility to CDM Smith. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Division of Water account(s) 53230796 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND BIDDING PHASE SERVICES FOR REHABILITATION OF THE 60 -INCH WATERMAIN HEADER AT COL WARD WATER TREATMENT FACILITY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire CRA Infrastructure & Engineering, Inc. for design and bidding phase services for the Rehabilitation of the 60 -inch watermain header located at Col. Ward Water Treatment Facility. The watarmain will have inner seal joint replacement and may require new thrust block installation. This watermain is currently leaking and out of service. The watermain is critical to distributing water from the treatment facility to the entire City of Buffalo water distribution system. The work will include engineering, deign and bid phase services. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 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 CRA Infrastructure & Engineering, Inc. for design and bidding phase services for the rehabilitation of the 60 -inch watermain header located at the Col Ward Water Treatment Facility. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 20 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND BIDDING PHASE SERVICES FOR OHIO STREET WATERLINE IMPROVEMENTS I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Wendel for design and bidding phase services for a new 8 inch watermain as part of the Ohio Street Reconstruction project. The new waterline will be from Miami Street to South Street, including the crossing over Dead Creek. The work will include engineering, deign and bid phase services. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds ere available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 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 engage the services of Wendel for design and bidding phase services for a new eight (8) inch watermain as part of the Ohio Street Reconstruction Project. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND BIDDING PHASE SERVICES FOR REPLACEMENT OF 16 -INCH WATERMAIN AT MICHIGAN AVE CROSSING THE CITY SHIP CANAL I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks end Streets to grant permission to hire URS Corporation for design and bidding phase services for the Replacement of the 16 -inch watermain at Michigan Ave that crosses under the City Ship Canal. This watermain is currently out of service due to a broken pipe. This work will include evaluation of engineering alternatives for installation of the new wetermain including jack & bore or fused pipe installation techniques. The wetermain is critical to distributing water to residents end commercial customers in this area. The work will include engineering, deign and bid phase services. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 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 CRA Infrastructure & Engineering, Inc. for design and bidding phase services for the rehabilitation of the 60 -inch watermain header located at the Col. Ward Water Treatment Facility. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 22 PERMISSION TO ENTER INTO THE NON - MARCHISELLI REPLACEMENT AGREEMENT WITH FHWA, FOR THE DESIGN, CONSTRUCTION AND INSPECTION OF BRIDGE PAINTING PROJECT CITY OF BUFFALO, COUNTY OF ERIE PIN 5759.69 The Federal Highway Administration (FHWA) have designated $655,000.00 for the design, construction and construction inspection for bridge painting project of the Lincoln Parkway Bridge over Scajaquada Creek and the Cazenovia Street Bridge over Cazenovia Creek in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5759.69. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and the NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction and construction inspection of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 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 all necessary agreements with the Federal Highway Administration and the New York State Department of Transportation for the design, construction and construction inspection for the bridge painting project of the Lincoln Parkway Bridge over Scajaquada Creek and the Cazenovia Street Bridge of Cazenovia Creek in the City of Buffalo. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO INCREASE CONSULTANT CONTRACT NUSSBAUMER & CLARKE, INC CONTRACT # 93000708 HYDRAULIC MODEL MAINTENANCE I hereby submit to your Honorable Body the following change for this contract. Nussbaumer and Clarke, Inc. is the engineering consultant for the Hydraulic Model Maintenance Contract. This increase is necessary for services related to using the Water Cad Transmission model to assist the City in evaluating automated pumping operations, planning, engineering and optimization of the delivery and demand of water to all customers including emergency interconnection evaluation. Nussbaumer and Clarke, Inc will continue to provide additional engineering services on the annual per diem basis ( hourly labor plus expenses) with a not to exceed amount of $100,000.00. Current Contract Amount $225,000.00 This Cost Increase $100,000.00 Total $325,000.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $100,000.00. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 27, 2013, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order # I in the amount of $100,000.00 (Current Contract Amount $225,000.00 + Changer Order #1 $100,000.00 for a total revised contract amount of $325,000.00) for the hydraulic model maintenance to Nussbaumer & Clarke, Inc., C #93000708. Funds for the project will be available in Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 24 REPORT OF BIDS BRIDGE PAINTING IN THE CITY OF BUFFALO BINS 2043900, 2260460, &2260690 PIN #5759.69 PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on March 13, 2013 The lowest three bids received were: Contractor Base Bid Total Bid Price Amstar of Western New York $351,400.00' $368,970.00 825 Rein Rd. Cheektowaga, NY 14225 Erie Painting and Maintenance 999 Rein Rd. $4551000.00' $477,750.00 Cheektowaga, NY 14225 Atlas Painting and Sheeting 465 Creekside Dr. $890,000.00' $934,500.00 Amherst, NY 14228 'Corrected Amount I hereby certify that the lowest responsible bidder for the above project is Arastar of Western New York and I respectifully recommend that Your Honorable Body authorize a contract award to Amstar of Western New York in the amount of $368,970.00. (Base Bid of $351,400.00 + [5% unit price increases] $17,570.00equals [Total Award] $368,970.00). The engineer's estimate for this work is $447,820.00. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project will be available in a Capital Account 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 March 21, 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 bridge painting in the City of Buffalo, with Amstar of Western New York in the amount of Three Hundred Sixty -Eight Thousand Nine Hundred Seventy and 00/100 Dollars ($368,970.00) (Base Bid of $351,400.00 + [5% unit price increases] $17,570.00 for a Total Award of $368,970.00). This is a 95% reimbursed Federal Aid Highway Project and funds for this project will be available in a Capital Account to be named at a later date. PASSED AYES -9 NOES -0 NO. 26 REPORT OF BIDS - REVISED BROADWAY MARKET ARMED SECURITY GUARD SERVICES FILLMORE DISTRICT ITEM NO. 27; CCP 3/19/13 1 advertised for on December 7, 2012, and received the following formal sealed bids for Broadway Market, Armed Security Guard Services, which were publicly opened and read on December 21, 2012. Command Security Corp' $153,894.00 1458 Main St, Buffalo, NY US Security Associates $154,674.00 625 Delaware, Buffalo, NY Morris Protective Services $163,488.00 1723 Burnett, Syracuse, NY Amherst Security Professionals $164,970.00 910 Niagara Falls Blvd, Tonawanda, NY Salamone Investigations $176,436.00 3 Norothbrrook, Lancaster, NY Chase Investigations $196,950.00 3349 Delaware, Kenmore, NY Executive Investigations & Security $202,176.00 1660 Kensington, Cheektowaga, NY Buffalo Security & Investigations $253,500.00 8485 Wolcott, Clarence Ctr, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Command Security Corp., with a bid of One Hundred Fifty Three Thousand Eight Hundred Ninety Four and 00/100 Dollars ($153,894.00), is the lowest responsible bidder in accordance with the plans and specifications. This communication is to show correction of company name. 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 will be available in 13296006 480000 10378 - Buildings O &M. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 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 enter into an agreement for Broadway Market armed security guard services, with Command Security Corp. in the amount of One Hundred Fifty -Three Thousand Eight Hundred Ninety -Four and 00/100 Dollars ($153,894.00). Funding for this project will be available in Account #13296006 480000 10378 - Buildings O &M. PASSED AYES -9 NOES -0 NO. 26 REPORT OF BIDS COCA COLA FIELD RENOVATIONS JOB #1274G ELLICOTT DISTRICT I advertised for on March 5, 2013 and received the following formal sealed bids for the Coca Cola Field, Renovations, which were publicly opened and read on March 19, 2013. S & W Contracting 701 Seneca, Buffalo, NY Trason Development 7350 Boston State, Hamburg, NY Miller Enterprises 12 Newfield, Buffalo, NY Nichter Construction 30 Wildwood, Lancaster, NY R B Mac Construction P 0 Box 424, Lockport, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that S & W Contracting, with a bid of Three Hundred Fifteen Thousand and 00/100 Dollars ($315,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 34323606 445100 ($6,759.01) and 35324706 445100 ($308,240.99) - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 21, 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 Coca Cola field renovations, with S & W Contracting in the amount of Three Hundred Fifteen Thousand and 00/100 Dollars ($315,000.00). Funds for this project are available in Account #34323606 445100 ($6,759.01) and Account #35324706 445100 ($308,240.99) - Buildings. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS FRUIT BELT REDEVELOPMANT OF CARLTON STREET MICHIGAN AVE. TO JEFFERSON AVE. NYSDOT PIN #5759.40 ELLICOTT DISTRICT Contractor Base Bid Total Bid Price Destro & Brothers Concrete Co., Inc. $2,151,774.08 $2,259,362.79 411 Ludington Buffalo, NY 14206 Accadia Site Contracting, Inc. $2,234,503.27' $2,346,228.44 5636 Transit Road Depew, NY 14043 Zoladz Construction Co., Inc. $2,251,644.05' $2,364,226.26 13600 Railroad Street Buffalo, NY 14004 'Corrected Amount I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Brothers Concrete Co., Inc. in the amount of $2,259,362.79. (Base Bid of $2,151,774.08 + [5% unit price increases] $107,588.71 equals [Total Award] $2,259,362.79). The engineer's estimate for this work is $2.761,709.02. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #31930006 - 445100 and an account 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 March 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 Fruit Belt redevelopment of Carlton Street, Michigan Avenue to Jefferson Avenue, with Destro & Brothers Concrete Co., Inc. in the amount of $2,259,362.79 (Base Bid of $2,151,774.08 + [5% unit price increased] $107,588.71 for a Total Award of $2,259,362.79). This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account #31930006 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 28 REPORT OF BIDS POOL REPAIRS 2013 GC & MECHANICAL WORK JOB #1274R VARIOUS DISTRICTS I advertised for on March 6, 2013 and received the following formal sealed bids for Pools Repairs 2013, General Construction and Mechanical Work, which were publicly opened and read on March 20, 2013. General Construction Miller Enterprises $145,700.00 12 Newfield, Buffalo, NY Patterson Stevens $147,135.00' 400 Sawyer, Tonawanda, NY Titan Development $233,750.00 8534 Seaman, Gasport, NY 'Bid deemed non - responsive due to no EEO paperwork submittals. Mechanical Work Ackerman Plumbing $ 58,787.00 678 Sheridan, Tonawanda, NY Patterson Stevens $115,053.00' 400 Sawyer, Tonawanda, NY Numarco $116,550.00 1021 Maple, Elma, NY Titan Development $131,500.00 8534 Seaman, Gasport, NY 'Bid deemed non - responsive due to no EEO paperwork submittals. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction Work: Miller Enterprises, with a bid of One Hundred Forty Five Thousand Seven Hundred and 00/100 Dollars ($145,700.00); Mechanical Work: Ackerman Plumbing with a bid of Fifty Eight Thousand Seven Hundred Eighty Seven and 00/100 Dollars ($58,787.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project will be available in O &M - Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 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 Pool Repairs 2013, General Construction with Miller Enterprises in the amount of One Hundred Forty -Five Thousand Seven Hundred and 00/100 Dollars ($145,700.00); Mechanical Work with Ackerman Plumbing in the amount of Fifty -Eight Thousand Seven Hundred Eighty -Seven and 00/100 Dollars ($58,787.00). Funds for this project will be available in 0 &M - Buildings. PASSED AYES -9 NOES -0 NO. 29 REPORT OF BIDS SHOSHONE POOL GUARD HOUSE ROOF RECONSTRUCTION JOB #1291R UNIVERSITY DISTRICT I asked for on February 13, 2013, and received the following informal sealed bids for the Shoshone Pool Guard House, Roof Reconstruction, which were publicly opened and read on March 21, 2013. Jameson Roofing Co. $14,021.00 3761 E Lake, Dunkirk, NY Jos. A. Sanders & Sons $14,897.00 P 0 Box 814, Buffalo, NY Weaver Metal & Roofing $17,544.00 40 Appenheimer, Buffalo, NY Grove Roofing Services $19,500.00 131 Reading, Buffalo, NY Progressive Roofing $19,745.00 331 Grote, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing Co., with a bid of Fourteen Thousand Twenty One and 00/100 Dollars ($14,021.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 22, 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 Shoshone Pool Guard House, Roof Reconstruction, with Jameson Roofing Co. in the amount of Fourteen Thousand Twenty -One and 00/100 Dollars ($14,021.00). Funds for this project are available in Account #35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 30 REQUEST PERMISSION TO ACCEPT FUNDS FROM ERIE COUNTY GREENWAY COMMITTEE AND ENTER INTO AGREEMENTS WITH THE UNITED STATES OF AMERICA ARMY CORPS OF ENGINEERS FOR THE REHABILITATION OF THE BIRD ISLAND PIER PHASE 1 #27 OF MAY 1, 2012 Permission is hereby requested from Your Honorable Body to accept $750,000.00 from the Buffalo and Erie County Greenway Standing Committee for Bird Island Pier Phase 11. The proposed Bird Island Pier project with make critical repairs to reopen the remainder of the recreational walkway which is now closed. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the United States of America Army Corps of Engineers for this project. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. 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 March 14, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the Buffalo and Erie County Greenway Standing Committee for Bird Island Pier Phase 11 in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00); and authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Unites States of America Army Corps of Engineers. PASSED AYES - 9 NOES — 0 NO. 31 APPOINT RECREATION INSTRUCTOR(SNYDER)(PERM)(MAX) Appointment effective 03/26/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Recreation of Recreation Instructor, Permanent at the Maximum Salary of $38,280.00 Jennifer Snyder, 54 Coburg St, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 DRUG ASSET FORFEITURE WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 202088 12 -DEA- 570364 C2 -12 -0140 1,823.58 12 -DEA- 563037 C2 -11 -0162 1,633.02 12 -DEA- 570789 C2 -12 -0146 1,501.38 12 -DEA- 570367 C2 -12 -0140 1,235.58 12 -DEA- 563967 C2 -11 -0134 1,439.21 12 -DEA- 572648 C2 -12 -0159 1,427.58 12 -DEA- 572638 C2 -12 -0153 1,258.38 12 -DEA- 560930 C2 -11 -0163 497.42 12 -DEA- 563634 C2 -12 -0070 297.36 12 -DEA- 561924 C2 -11 -0123 526.47 12 -DEA- 573704 C2 -12 -0152 2,201.58 12 -DEA- 572643 C2 -12 -0158 1,313.88 12 -DEA- 582743 C2 -12 -0158 2,674.50 (15% SAFE) TOTAL $17,829.94 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 33 POLICE CAMERA -REQ FOR ORLEANS AND SHIRLEY AVE (UNIV) Prior Council Reference: Item #61, CCP, March 19, 2013, "Request Police Camera Be Installed at Orleans Street and Shirley Avenue" The request for a camera at the intersection of Orleans Street and Shirley Avenue will be considered during the next selection process, which is yet to be determined. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 34 EXTEND LEASE AGREEMENT - DOWNTOWN STADIUM WITH BFLO BISONS Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2014 1 am writing to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as the one year extensions which we've put in place yearly since 2008. 1 have attached the proposed agreement for your review and approval. The proposed extension, as in years past, includes the standard assistance of up to $30,000 in utility costs reimbursements from the City to the Bisons for 2013 -2014. Also, consistent with previous yearly extensions, the City will pay for stadium property damage insurance at a premium of up to $43,263 and will continue to provide refuse collection (valued at approximately $38,000) and water (valued at approximately $20,000) at the stadium. Further, similar to last year, the City will use its best efforts to cause the provision of post game supplemental clean -up personnel similar to that which was provided last year, however there will be no obligation on the part of the City in the event said personnel are not actually provided. Neither the City nor the Bisons are committing to any obligation for City Capital Repairs" during the one -year extended term. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. I respectfully request that Your Honorable Body approve this one -year extension at your April 2, 2013 meeting of the Common Council. Mr. Smith moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated April 1, 2013, be received and filed; and That the Common Council hereby approves another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as the one -year extensions which have been put in place since 2008. Neither the City nor the Bisons are committing to any obligations for "City Capital Repairs" during the one -year extended term. PASSED AYES 9, NOES 0 NO. 35 FIRST AMENDMENT TO LOCK -UP AGREEMENT BY AND BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE Prior Council Reference: Item No. 26 C.C.P. 6/10/03 ACTION REQUESTED This Honorable Body's approval is hereby requested to authorize Mayor Byron W. Brown to execute and enter into the attached First Amendment to the Lock -Up Agreement By and Between the City of Buffalo mud the County of Erie (hereinafter the First Amended Agreement). AUTHORITY Pursuant to New York State General Municipal Law, Article 5 -G, Section 119 -0, municipalities have the authority to enter into inter - municipal agreements and jointly perform services which each have the power to perform independently, and the proposed agreement has been made in accordance with such authority. BACKGROUND On July 1, 2003, the City of Buffalo and the County of Erie entered into the Lock -Up Agreement which set forth the terms by which the County would provide services related to detaining all of the City's pre- arraigned arrestees, both male and female. On May 15, 2012 the City assumed responsibility of the custody of pre- arraigned male arrestees who were arrested within the City by the Buffalo Police Department, with the exception of transport services which the County continued to perform through October 31, 2012. Presently, the County performs detention services related to the detainment of all the City's pre- arraigned female arrestees as provided for under the terms of the Lock -Up Agreement; however, per the Agreement, those services will terminate effective June 30, 2013. The City is in the process of identifying a long -term solution for pre- arraigned female arrestees. In the interim, the City has retained Kideney Architects to implement a short -term solution utilizing a portion of the City Court Building located at 50 Delaware Avenue. Capital funds have already been identified for the renovation of said space for female detention. PROPOSAL The proposed First Amended Agreement provides for the payment of services previously rendered by the County for detention services and transport services for pre- arraigned male and female arrestees. The County has indicated its willingness to enter into a brief extension agreement for detention services for pre- arraigned females in the unlikely event that such services are required beyond the June 30, 2013 termination date. In order to ensure that the County continues to provide detention services for the City's pre- arraigned female at arrestees through June 30, 2013, it is necessary to enter into the proposed First Amended Agreement. As the proposed First Amended Agreement indicates, payment is owed to the County in the total sum of $465,053.09. Such amount includes a payment of $143,774.81 for both male and female detention services rendered during the 2011 -2012 fiscal year; payment in the sun of $144,355.15 related to detention services for pre- arraigned females covering the period from May 15, 2012 through October 31, 2012; and payment in the sum of $176,923.13 for transport services for the City's pre- arraigned male arrestees while the City Ceil Block attendants were being trained. The Director of Budget has identified and set aside funds for the payments, including portions that will be paid from the Law Department's prior fiscal year claims budget line 17221008 - 480205. Payments are expected to be budget neutral for the 2012 -2013 fiscal year. CONCLUSION Attached for your review and approval is the draft proposed First Amended Agreement. Pursuant to its terms, payment will be made to the County in the total stun of $465,053.09 for the aforementioned services. Thereafter, the City will be charged a per female arrestee daily rate for each calendar day that a pre- arraigned female arrestee is in the custody of the County, and this Agreement authorizes the payment of such rate after it is invoiced. We request that the material terms and conditions thereof be approved by your Honorable Body, subject to non - material modification by the Corporation Counsel as may be necessary prior to execution. I respectfully thank you for your consideration of this matter. Mr. Smith moved: That the above item be, and the above item from the Office of the Corporation Counsel, dated March 28, 2013, be received and filed; and That the Mayor is authorized to execute and enter into the First Amendment to the Lock -Up Agreement with the County of Erie. The material terms and conditions are hereby approved subject to non - material modifications by the Corporation counsel as may be necessary prior to execution. PASSED AYES 9, NOES 0 NO. 36 INFO COMMUNITY CHESS PROJECT FOR NIAGARA SQUARE "Community Chess Project for Niagara Square" ( #138 C.C.P. March 19, 2013) Dear Councilmembers: The Common Council has adopted a resolution supporting the goal of the University of Buffalo Chess Club in its goal of hosting chess tournaments in Niagara Square. The details of the proposal have not been set forth by the Club. Niagara Square is a City Park, and all events in the park space must be approved through the ordinary Parks permit and special event approval processes. The Square is also a City landmark site within the Joseph Ellicott Preservation District. If the proposal includes permanent features in the Square they must also be approved by the Parks division for consistency with Parks and Public Works requirements for placement, design and construction standards, as well as to assure that they do not interfere with other park and public uses. Permanent features are also subject to review and approval by the City Arts Commission and the Buffalo Preservation Board to assure that any permanent features are consistent with the City's aesthetic standards and preservation standards for the Square. Very truly ours, TIMOTHY A. BALL Corporation Counsel RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 37 FOOD STORE (NEW) 1305 BROADWAY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1305 Broadway (Red Rays Inc. DBA Broadway Convenience /Mahmoud Jasem Mohammed) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 FOOD STORE (NEW) 1545 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1545 Broadway (SUPER STOP GAS & FOOD INC. /BADR HIZAM ESMAIL SAIBAN) 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 Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 FOOD STORE (NEW) 119 GRANT AKA 127 GRANT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 119 Grant AKA 127 Grant (PKB, LLC Assumed Name: Frontier Beverage Center /Kulwinder Kaur) 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 March 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 Kulwinder Kaur /PKB, LLC d /b /a Frontier Beverage located at 119 Grant a /k/a 127 Grant. PASSED AYES 9, NOES 0 NO. 40 FOOD STORE (NEW) 1431 KENSINGTON AKA 1455 (UNIVERSITY) 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 1431 Kensington aka 1455 (LEVELS CLOTHING AND FOOTWEAR /ALI ABDO THABIT FADEL) 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 Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 FOOD STORE (NEW) 838 NIAGARA ST. (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 838 Niagara St (INTERNATIONAL BEAUTY /SHEIKH HUSSEIN MUHINA) 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 Collections 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 March 26, 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 Sheika Hussein Muhina d /b /a International Beauty located at 838 Niagara Street. PASSED AYES 9, NOES 0 NO. 42 FOOD STORE (NEW) 472 NORMAL(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 472 Normal (Nepali Bazar / Dhana Tiwari) and fend 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 Officer 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 March 26, 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 Dhana Tiwari d /b /a Nepali Bazar located at 472 Normal. PASSED AYES 9. NOES 0 NO. 43 FOOD STORE (NEW) 1727 SOUTH PARK(SOUTH ) 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 1727 South Park (South Park Pizza & Grocery/Towffeek Ghilan Ali) and fend that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 RESTAURANT DANCE LICENSE (RENEWAL) 3063 MAIN STREET Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 3053 Main Street for which said renewal application for a Restaurant Dance Class IV license being sought by Eboni Biffle @ Buffalo Live and according to the attached report from the Police Department it recommends disapproval. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 46 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH POLICE ATHLETIC LEAGUE OF BUFFALO, INC. (PAL) FOR THE ADMINISTRATION OF FUNDING FOR THE BUFFALO PEACEMAKERS PROGRAM TO FACILITATE MENTORING, VIOLENCE PREVENTION AND LIFE EXPERIENCE ENHANCEMENT FOR CITY RESIDENTS The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to enter into a two -year agreement with PAL to facilitate proper utilization of up to $100,000 per year, from the City's Federal Asset Forfeiture Funds to assist with creation /implementation of the Buffalo Peacemakers Program. The PAL in turn is expected to enter into an agreement with Back to Basics Outreach Ministries, Inc. for the proper administration of funding for the Buffalo Peacemakers Program. The Buffalo Peacemaker program provides mentoring, violence prevention, and life enhancement services to City residents. The Peacemakers provide proactive intervention in the lives of gang - involved or at -risk youth, ages 13 -21. The Peacemakers redirect youth into healthy lifestyles while responding to violent assaults and shootings. Peacemakers will work in concert with law enforcement officials to build safe neighborhoods in the City of Buffalo. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific authority to enter into a two -year agreement in form and substance similar to the agreement attached hereto and expend up to $100,000 per year to achieve these objectives, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Smith moved:\ That the above item be, and the above communication from the Department of Community Services and Recreational Programming, dated March 28, 2013, be received and filed; and That the Deputy Commissioner of Community Services and Recreational Programming is authorized to enter into an two year agreement with the Police Athletic League of Buffalo, Inc. for the administration of funding for the Buffalo Peacemakers Program; That the cost of such program shall not exceed the sum of $100,000.00 per year and that the Corporation Counsel is authorized to negotiate to finalization said agreement and other necessary documentation for the implementation of the objectives of the Buffalo Peacemakers Program. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 46 NOTICE OF INTENTION -RE -NAME PORTION OF LETCHWORTH STREET FROM GRANT ST TO RESS ST- ROCKWELL ROAD Prior Council Reference: ccp #134, 03/19 This is to advise you that the public hearing for the above item is set for 04/16/2013 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 04/05/2013 and 04/12/2013. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 692 Fulton Tilly's Tavern David & Bernadette Concheriro 71 -75 Allen Don Tequila, Inc. Don Tequila, Inc RECEIVED AND FILED NO. 48 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the 1 eaves of absence without pay, in the various departments as listed: Police — Roxanne M. Schweitzer, Karen Crum RECEIVED AND FILED. NO. 49 APPOINT ASST LEG AIDE II (SANTIAGO) CERTIFICATE OF APPOINTMENT In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotions(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: March 15, 2013 in the Department of Common Council Division of Niagara District to the Position of Assistant Legislative Aide 11 Unclassified Flat Starting Salary of $31,397.00 Noemi Santiago, 235 Hudson St. #4, Buffalo 14201 ADOPTD NO. 50 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 03/13/2013 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer 11, Seasonal, Non Competitive at the Flat Salary of $12.47/hr Jonathan Gould, 685 South Ogden, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 03/26/2013 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer 11, Seasonal, Non Competitive at the Flat Salary of $12.47/hr Damon J. Johnson, 25 Briscoe Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 03/26/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Service Worker, Seasonal, Non Competitive at the Flat Salary of $12.47/hr Tashene Eubanks, Jr, 405 Glenwood Ave, Buffalo, NY 14208 NO. 51 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 03/25/2013 in the Department of Police to the Position of Report Technician, Permanent Appointment at the minimum Salary of $32,816.00(7 Step) Courtney Moffett, 60 Tuscarora Road, Buffalo, NY 14220 Meliss A. Barrie, 95 Mariden Street, Buffalo, NY 14220 Brenden M. Ball, 164 Tuscarora Road, Buffalo, NY 14220 Sandra Zachery, 332 Sycamore Street, Buffalo, NY 14204 Markecia Rivers, 10 Courtland, Buffalo, NY 14215 Richard J. Fulinara, 140 North St Apt 530 Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective April 15, 2013 in the Department of Assessment and Taxation to the Position of Account Clerk Typist, Permanent at the first step of $31,754.00 Diana B. Woods, 35 Worchester Place, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective April 1, 2013 in the Department of Administration, Finance and Urban Affairs, Division of Treasury to the Position of Assistant Collection Officer, Permanent at the First Step of $39,732.00 Louisa Kowalski, 151 Saranac Lower, Buffalo, NY 14216 Carmen LoVullo, 76 Tioga, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 52 N. BYCINA -READY FREDDIE PROGRAM Ready Freddy is an initiative designed to get pre K and Kindergarten students ready and transitioning into school. It helps to ease the anxieties of children and their parents so that they are looking forward to school and attending school the first day and every day thereafter. It is just as much a parent engagement initiative as an attendance initiative. Here is more of a description: Background Ready Freddy (RF) is a program developed by the Office of Child Development, University of Pittsburgh. RF helps parents and schools to work together to put children and families on the path to school success. This path begins even before the transition into Kindergarten, so partnering with the community is a key element. The Ready Freddy program is based on the premise that positive engagement begins early, as well as attendance habits. Parent Engagement is a core component of the program. Parents and children are part of the first encounter of school together. Some parents may not have had a good experience with their own schooling, so Ready Freddy seeks to make them feel comfortable and want to become involved early in their child's education. The school readiness Kindergarten Clubs are also designed with interactive activities for both parents and children. These Parent -Child Clubs are held in parent friendly community settings up to and throughout the Kindergarten year. Ready Freddy's premise is that parents want their children to succeed in school, but it's the welcoming atmosphere and the quality of their relationships with school that influences how they will participate (Mapp, K.L. 2003). In order to achieve this level of Kindergarten student and parent engagement early on, the Ready Freddy program begins by developing school /community transition teams. These teams ensure a positive transition for young students by doing community outreach for on -time enrollment, planning Ready Freddy Kindergarten orientation, linking with community providers who teach the Parent -Child Clubs, ensure that all young students attend school the first day and regularly throughout the school year. Ready Freddy Buffalo ZOO At the May 2012 Board Meeting, the Buffalo Board of Education requested district -wide implementation of Ready Freddy. The plan was to roll out in a Pilot in five schools (Frank A. Sedita PS 30, MLK PS 39, International Institute PS 45, Lorraine Academy PS 72, Highgate Heights PS 80 and Southside Elementary PS 93) in order to learn important lessons prior to district -wide implementation. These lessons include a need for a focus on parent engagement, adjustments to the schedule of the orientation day, and a modal that is sustainable. The Summer 2012 implementation of Ready Freddy was funded by the BPS Foundation. This Pilot had successful outcomes' as 94% of the Ready Freddy (RF) students attended school on the first day and the Ready Freddy students had better attendance throughout the year than those Kindergarten students who did not attend Ready Freddy. REFERREO TO THE SPECIAL COMMITTEE ON EDUCATION NO. 63 BUFFALO WATER BOARD - MONTHLY REPORT -FEB 2013 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 64 D. FUNKE- ARTICLE "RAIL STATION TO BE MEDICAL CAMPUS GATEWAY The attached article from today's Buffalo News, titled "Rail Station to be Medical Campus Gateway ", is another in a line of articles expressing the need for rail expansion in Buffalo and Western New York. This article provides added emphasis to the need for Council leadership on the issue of extending Buffalo's light rail system. Sincerely, Douglas Funke President, Citizens for Regional Transit REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 NYSDEC- REGISTRY OF INACTIVE HAZ WASTE DISPOSAL -ABBY ST (SOUTH) Dear Sir /Madam: As mandated by Section 27 -1305 of the Environmental Conservation Law (ECL), the New York State Department of Environmental Conservation (Department) must maintain a Registry of all inactive disposal sites suspected or known to contain hazardous waste. The ECL also mandates that this Department notify the owner of all or any part of each site or area included in the Registry of Inactive Hazardous Waste Disposal Sites as to changes in site classification. Our records indicate that you are the owner or part owner of the site listed below. Therefore, this letter constitutes notification of change in the classification of such site in the Registry of Inactive Hazardous Waste Disposal Sites in New York State. DEC Site No.: 915054 Site Name: Alltift Landfill Site Address: 302 Abby Street, Buffalo, NY 14202 Classification change: Class 2 to 4 The reason for the change is as follows: Remedial actions have been implemented at this site, and while contamination remains in groundwater, soil, and possibly soil vapor, through site management human exposures to this residual contamination are being, or will be, addressed as follows: Groundwater - Groundwater use at the site is restricted without necessary water quality treatment. Soil - Residual soil contamination is beneath a site cover system, which will be maintained; use and development of this site is restricted to commercial and industrial uses; and future excavations at the site Will be conducted in accordance with an approved excavation plan to ensure that human exposures to contaminated soil are properly managed. Soil Vapor - If new buildings are constructed on the site. a soil vapor intrusion evaluation will be completed and, if necessary, appropriate actions will be taken to address exposures. Periodic reviews will be completed to certify that these elements of the remedy are being implemented and remain effective. Based on this information, reclassification from Class 2 to Class 4 is protective of public health. Enclosed is a copy of the Department's Inactive Hazardous Waste Disposal Site Report form as it appears in the Registry. An explanation of the site classifications is available at http: / /www.dec.nv.gov /chemical /8663.html. The Law allows the owner and /or operator of a site listed in the Registry to petition the Commissioner of the New York State Department of Environmental Conservation for deletion of such site, modification of site classification, or modification of any information regarding such site, by submitting a written statement setting forth the grounds of the petition. Such petition may be addressed to: Honorable Joseph J. Martens Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233 -1010 For additional information, please contact Maurice Moore, the project manager, at (716) 851 -7220. Sincerely, Kelly A. Lewandowski, P. E. RECEIVED AND FILED NO. 66 D. PRIDGEN- CONDITIONS FOR ALL FOOD STORES IN ELLICOTT DISTRICT Please find below the conditions— food stores to be renewed in the Ellicott District 1. Cannot sell "loosies" - i.e. single cigarettes, single diapers, or items packaged for etc. 2. Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. [Many of these items especially perishables have expiration dates for public safety, the opening and selling single items without dates, nutritional information and other important information is a public safety concern.] Must have a minimum of two (2) working surveillance cameras. One camera should be located above the entrance facing rewards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. 4. Store Interior and Exterior should be kept clean at all times. Store Fagade and Landscape must be well maintained. 5. Must remove hand painted signage from front of store within 30 days of license issuance /reissuance. 6. Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. 7. No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. 8. No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time period allowed by city ordinance. 9. Graffiti must be removed within 72 hours 10. No obstruction of windows 11. Posted days and hours of operation 12. None of the following to be sold: "One- Hit ": Glass tubes; Cigarette rolling papers REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 57 DOMINION TELECOM, INC. NOTICE OF RENEWAL OF RIGHT OF WAY FRANCHISE AGREEMENT DATED JUNE 25. 2002 Dear Sir or Madam: Please accept this as Dominion Telecom. Inc.'s ( "Dominion "] notice to renew the Right of Way Franchise Agreement dated June 25, 2002 ( "Agreement "). Pursuant to Section 3.0 Term, the Agreement provides for three (3) consecutive renewals of five (5) years each throughout the term of the Agreement. Accordingly, with the exercise of this renewal term, the new expiration date of the Agreement will be August 10, 2014. Dominion will provide the City an updated insurance certificate and other information as may be required. It is my understanding that our counsel. John Chuang, is working directly with the City's Corporation Counsel, Alan Gerstman, on additional documentation to effect this renewal notice. Thank you for your attention to this matter. Please feel free to contact John Chuang at (913) 474 -7041 if you have any questions or require any additional information. Sincerely, RECEIVED AND FILED PETITIONS NO. 58 H. MARTINEZ, AGENT, USE 1586 SOUTH PARK AVE TO OPEN AN EXISTING RESTAURANT IN THE SOUTH PARK SPECIAL ZONING DISTRICT(SOUTH)(HRG 04/09) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 59 J. POPIELA, AGENT, USE 65 RIDGEWOOD FOR A FREESTANDING SIGN (HRG 04 /09)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 J. BRAMON, OWNER, USE 1416 HERTEL AKA 1430 HERTEL FOR AN OUTDOOR CAFD IN THE HERTEI AVE SPECIAL ZONING DISTRICT (HRG 04/09 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 J. POPIELA, AGENT, USE 1885 SOUTH PARK FOR A FREESTANDING SIGN (NO HRG )(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 62 J. POPIELA, AGENT, USE 65 ABBOTT RD FOR A FREESTANDING SIGN (NO HRG )(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 63 D, WILCOX, AGENT, USE 1618 MAIN STREET FOR A FREESTANDING SIGN (NO HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 64 M. POLONEASEZ & O OPPOSE EXPANDED USE 1389 DELAWARE(ELL) PETITION We, the undersigned affected residents and property owners within the immediate vicinity of the premises known as Blush Nightclub & Lounge, do hereby file a protest to the Buffalo Zoning Board of Appeals and the Buffalo Common Council against the proposed expanded use of said property detailed as follows: Building Use Application 191614 Applicant: Ronald Brantley To Expand and Use Premises 1389 Delaware Avenue, Buffalo, NY For Expand an Existing Nightclub into a Rear Outdoor Patio As the location of this nightclub is in the immediate vicinity to private residences and freestanding homes and not in a downtown party district, the undersigned oppose the expanded use for the following reasons: (1) the change will adversely affect the quality of life in the neighborhood; (2) the change will adversely alter the characteristics of the neighborhood; (3) the change will negatively affect the neighborhood's property values; (4) the change poses a threat to the health and safety of the neighborhood; (5) there is no inordinate economic burden or hardship on the property owner sufficient to justify the change. RECEIVED AND FILED REGULAR COMMITTEES CLAIMS (DAVID A. RIVERA, CHAIRMAN PERSONAL INJURY A 1 TO A 7 NO. 65 Mr. Rivera moved that the above item be the same and hereby is returned to the Common Council with a recommendation for approval That upon the recommendation of the Corporation Counsel the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled A. 1. Annunziata, Sibohan as Parent of Ronan Sibohan $ 9,000.00 A. 2. Fitzgerald, Joan as Admin. of the Estate of Richard Fitzgerald $ 5,000.00 A. 3. Funderburke, Ronnie $ 5,000.00 A. 4. Heidenriech, Greg and Mary Lou $ 1,500.00 A. 5. McCarthy, Theresa as Admin. of the Est. of Charles McCarthy $ 1,100,000.00 A. 6. Mosey, Acea as Admin. of the Est. of Jonathan Croom $ 3,000.000.00 (plus non - monetary consideration) A. 7. Parrish, Mary $ 25,000.00 A. 9. Peruzzini, Claudia and Andrew $ 72,500.00_ A. 10. Redfem, Ladon and Green, Brian $ 2,500.00_ A. 11. Sannders Marion $ 2 000.00 PASSED AYES -9 NOES -0 A. 12. Williams, Lamont $ 42,500.00_(Originally without rec) PASSED AYES — FONTANA, LOCURTO, RIVERA, SCANLON, SMITH — 5 NOES — FRANCZYK, GOLOMBEK, PRIDGEN, RUSSELL - 4 NO. 66 PRIOR FISCAL YEAR INVOICES C -1 C. 1. Buffalo Civic Auto Ramps $ 4,320.00 Mr. Rivera moved that the above item be the same and hereby is returned to the Common Council with a recommendation for approval That upon the recommendation of the Corporation Counsel the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled PASSED AYES -9 NOES -0 D. 1. Hahn - Baker, David & Anne PASSED AYES -9 NOES -0 D. 2. Herman, Mary Ann D. 3. Kilanowski, Diane Mr. Rivera moved that the above items be tabled ADOPTED NO. 67 ITEMS FOR DISCUSSION D -1 $ 5,033.76 NO. 68 ITEMS FOR DISCUSSION D -2 -3 TBD TBD NO. 69 ITEMS FOR DISCUSSION D -4-6 Mr. Rivera moved that the above item be the same and hereby is returned to the Common Council with a recommendation for approval That upon the recommendation of the Corporation Counsel the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled D. 4. Marak, Patricia D. 5. Rogers, Sheila D. 6. Schwab, Leon PASSED AYES -9 NOES -0 685.81 1,966.00 2,360.00 Mr. Rivera moved that checks be drawn for the above passed items on the account of Org 17221008(480205) Judgement and Claims Prior Years, or (480204 Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 70 APPOINT POLICE CHIEF(PROV)(YOUNG)(PROV) CCP# 33, 03/19 Mrs. Russell moved That Communication 19 of March 19, 2013, be received and Filed and that the Provisional appointment of Aaron Young, 125 Thatcher Ave, Buffalo, NY 14215 to the position of Chief at the fiat salary of $ 93,715.00 is hereby approved PASSED AYES -9 NOES -0 NO. 71 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CP #31, 03/19 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 72 M. LOCURTO- DORCHESTER HOA- PROPERTY DAMAGE CAUSED BY CITY PLOWS CCP #34, 02/05 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 73 REINSTATING FUNDING FOR CHILDREN'S CTR AT BFLO CITY COURT(EXC RES'S) CCP #73, 10/18 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 74 REPORT OF SALE - 700 HUMBOLDT (MASTEN)(STRAT PLAN) (ITEM NO. 6, C.C.P., MAR. 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 offer from Mr. Mario M. Whitt and Mrs. Rachon M. Whirr of Moor Realty, LLC, 151 Burke Drive, Cheektowaga, New York 14215, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 700 Humboldt, 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. 75 REPORT OF SALE -79 KEYSTONE(LOV)(STRAT PLAN)(ITEM NO 7, MAR 19, 2013 Mr. Golombek moved that the above item be returned to the Common Council with a recommendation for approval. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 76 REPORT OF SALE - 694 NORTHUMBERLAND (MASTEN)(STRAT PLAN) (ITEM NO. 8, C.C.P., MAR. 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 offer from Ms. Sarita Brown, on behalf of Universal Debt Solutions LLC, 84 Manhattan Avenue, Buffalo, New York 14215, in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 694 Northumberland, 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. 77 REPORT OF SALE -34 NORWAY (ELL)(STRAT PLAN) (ITEM NO. 9, C.C.P., MAR. 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 offer from Mr. Don Wilger and Mr. Chris Stroud, on behalf of Premier Investment Properties, LLC, 266 Elmwood Avenue, Apt. 365, Buffalo, New York 14222, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 34 Norway, 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. 78 REPORT OF SALE - 223 WEST (ELL)(STRAT PLAN) (ITEM NO. 12, C.C.P., MAR. 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 offer from Mr. William Garcia, 219 West Avenue, Buffalo, New York 14201, in the amount of One Thousand Nine Hundred Dollars ($1,900.00) for the purchase of 223 West, 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. 79 REPORT OF SALE -206 WINSLOW (MASTEN)(STRAT PLAN) ITEM NO. 14, C.C.P., MAR. 19, 2013 Mr. Golombek moved, That the above item be, and the same hereby is returned to the Common Council without a recommendation Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 80 ERIE CANAL HARBOR DEVELOPMENT CORPORATION NOTICE OF INTENT TO ACT AS LEAD AGENCY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (ITEM NO. 55, MAR. 19, 2013) Mr. Golombek moved: That the Common Council hereby concurs with the Erie Canal Harbor Development Corporation's assumption of Lead Agency status for the coordinated environmental review for a multi - phased project designed to create a combination of seasonal and permanent visual installations at seventeen (17) locations in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 81 M. LOCURTO - ELMWOOD VILLAGE ASSOC -GREEN CODE COMMENTS (C.C.P #48, MARCH 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 82 M. LOCURTO- LETTER FROM OLMSTED TO NYSDOT -RTE 198 (C.C.P #43, JULY 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 83 J. PRICE, AGENT, USE 765 ELMWOOD FOR AN OUTDOOR PATIO (DEL)(DPIS) (ITEM NO. 73, C.C.P., MAR. 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 authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to 511- 56E(9) of the City Charter, to issue a permit to J. Price, Agent, to use 765 Elmwood for an outdoor patio on a City right -of -way. PASSED AYES 9, NOES 0 NO. 84 C. NTAPOLIAS, OWNER, TO USE 1900 HERTEL TO OPEN AN EXISTING RESTAURANT IN HERTEL AVENUE SPECIAL ZONING DISTRICT (UNIV)(EDPIS) (ITEM NO. 74, C.C.P., MAR. 19, 2013) Mr. Pridgen moved That the above item be, and the same hereby is returned to the Common Council without a recommendation Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 85 S. SYSOMBOUME, AGENT, USE 810 ELMWOOD TO RE- ESTABLISH SIT -IN RESTAURANT AND NEW OUTDOOR PATIO (DEL) (EDPIS) (ITEM NO. 75, C.C.P., MAR. 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, pursuant to Section 511 -55 of the City Charter, the Common Council hereby approves the application of S. Sysombourne, Agent, of 810 Elmwood, to reestablish an existing sit -in restaurant and new outdoor patio to the left side on private property, 45 by 48' under new management with the following conditions: 1. Tables to be busses 2. No outside music 3. Patio to close by 11:00 pm weekdays 4. Patio to close by 12 midnight on weekends PASSED AYES 9, NOES 0 NO. 86 D. PUTNAM, OWNER, TO USE 936 ELMWOOD A/K /A 946 ELMWOOD TO EXPAND AN EXISTING BAR/RESTAURANT WITH OUTDOOR PATIO IN ELMWOOD SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 76, C.C.P., MAR. 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. Putnam, Owner of 936 Elmwood a /k/a 946 Elmwood, to expand an existing bar /restaurant with an outdoor caf6 /patio on private property in the Elmwood Avenue Special Zoning District upon the following conditions: Patio hours 4:00 pm to 10:00 pm PASSED AYES 9, NOES 0 NO. 87 M. BEVILACQUA, AGENT, TO USE 715 ELMWOOD TO CHANGE TO A TAKE -OUT RESTAURANT WITH AN OUTDOOR PATIO ON CITY RIGHT OF WAY (DEL)(DPIS) (ITEM NO. 77, C.C.P., MAR. 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 pursuant to Section 511- 56D(1) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to M. Bevilaequa, Agent, doing business at 715 Elmwood Avenue, in a first floor portion of 3 story masonry mixed -use building, change use from a fitness center to a take -out restaurant with an outdoor patio on a City right -of -way. PASSED AYES 9, NOES 0 NO. 88 K. GARDNER, OWNER, TO USE 44 BRAYTON FOR A CHANGE OF USE FROM A DOG KENNEL TO A SIT -IN RESTAURANT /BAKERY AND OUTDOOR PATIO (NIA)(DPIS) (ITEM NO. 78, C.C.P., MAR. 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 pursuant to Section 511 -55 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to K. Gardner, Owner of 44 Brayton for a change of use from a dog kennel to a sit -in restaurant, neighborhood bakery, outdoor patio and new parking for eight (8) vehicles. PASSED AYES 9, NOES 0 NO. 89 D. HALL, AGENT, TO USE 1005 ABBOTT ROAD TO PLACE UNDERGROUNG GAS STORAGE TANKS, PUMP ISLANDS, CANOPY AND MOVE DRIVEWAY (SOUTH)(EPIS) (ITEM NO. 79, C.C.P., MAR. 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. 90 W. SIERRA, AGENT, TO USE 1256 HERTEL TO OPEN AN EXISTING RESTAURANT IN THE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 80, C.C.P., MAR. 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 W. Sierra, Agent of 1256 Hertel, to open an existing restaurant in the Special Zoning District under new management. PASSED AYES 9, NOES 0 NO. 91 J. GOETZ, OWNER, USE 1472 HERTEL TO RE- ESTABLISH SIT -IN RESTAURANT AND SIDEWALK CARD (DEL) (EDPIS) (ITEM NO. 81, C.C.P., MAR. 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 J. Goetz, Owner, of 1472 Hertel, to reestablish an existing sit -in restaurant and sidewalk caf6 in the Hertel Avenue Special District. PASSED AYES 9, NOES 0 NO. 92 A. TERRAGNOL, AGENT, TO USE 301 FRANKLIN STREET TO CHANGE TO OFFICES TO A SIT -IN RESTAURANT WITH A SIDEWALK CAFE ON CITY RIGHT OF WAY (ELL)(DPIS) (ITEM NO. 82, C.C.P, MAR. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation; That pursuant to Section 511 -55 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to A. Terragnol, Agent of 301 Franklin Street to change offices to a sit -in restaurant and sidewalk caf6 on a City right of way is hereby approved. PASSED AYES 9, NOES 0 NO. 93 L. VISHWANATH, AGENT, USE 58 OBERLIN TO ERECT TWO -STORY FRAME APARTMENT BUILDING (FIIL)(DPIS) (ITEM NO. 84, C.C.P., MAR. 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 L. Vishwanath, Agent, to use 58 Oberlin to erect a two -story frame apartment building with twenty (20) units and parking. PASSED AYES 9, NOES 0 NO. 94 FOOD STORE LICENSE (NEW) - 290 WALDEN (FILL)(EDPI) (ITEM NO. 40, C.C.P., MAR. 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Nibeia Mohammed Ahmed d /b /a Walden Express Mart Inc. located at 290 Walden with the following conditions Hours of operation: store must close by 10:00 pm Sunday through Thursday Hours of operation: store must close by 11:00 pm on Friday and Saturday No hand painted signs No obstruction of windows Working security camera inside and outside of store with video to be kept for 30 days No selling of "loose" items —i.e. cigarettes, single diapers No selling of drug paraphernalia including 'one -hit' glass tubes, cigarette rolling papers PASSED AYES 9. NOES 0 NO. 95 USED CAR DEALER -534 COLVIN (DEL)(EDPI) (C.C.P. #43, 3/19) 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. 96 J. GOLOMBEK- VARIOUS FOOD STORE LICENSES (C.C.P #59, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 97 C. HAWLEY - ELMWOOD VILLAGE ASSOC- OFFICIAL COMMENTS ON THE BFLO GREENCODE (C.C.P #60, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 98 D. PRIDGEN -INFO DELI STORES IN ELLICOTT (C.C.P #64, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 99 D. RIVERA- REQUEST D. KAZMIERCZAK TO SPEAK ON CITATION FROM THE COB (C.C.P #66, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 100 B. RUSSELL -LIST OF DELI STORES(VARIOUS DISTRICTS) (C.C.P #67, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 101 M. SCHMAND -BFLO PLACE'S ROLE IN ADMINISTERING THE SPECIAL DOWNTOWN DIST (C.C.P #68, MARCH 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 102 USED CAR DEALER - 160 ABBOTT (SOUTH)(DPIS) (ITEM NO. 122, C.C.P., MAR. 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Samiramis Khatib d /b /a South Auto, located at 160 with the following conditions Must submit a landscaping plan that is approved by City Planning Board Staff PASSED AYES 9, NOES 0 NO. 103 M. STENGER- SUMMARY OF WNY FOOD TRUCK ASSOC ISSUE POSITIONS (C.C.P #56, MARCH 5) Mr. Pridgen now moves that the above item be Received and Filed: ADOPTED NO. 104 FOOD STORE LICENSE (NEW) - 272 GEORGIA (FILL)(DPIS) (ITEM NO. 34, C.C.P., JAN. 22,2013) 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Waleed d /b /a Maghrebi d /b /a Georgia Deli located at 272 Georgia with the following conditions Hours of operation: store must close by 10:00 pm Sunday through Thursday Hours of operation: store must close by 11:00 pm on Friday and Saturday No hand painted signs No obstruction of windows Working security camera inside and outside of store with video to be kept for 30 days No selling of "loose" items —i.e. cigarettes, single diapers No selling of drug paraphernalia including 'one -hit' glass tubes, cigarette rolling papers PASSED AYES 9, NOES 0 NO. 105 RESTAURANT DANCE CLASS IV -3144 MAIN(UNIV)(EDPI) (C.C.P #38, NOV 30) ( #35,11/3)( #77,11/16) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 106 DIRECTION OF RENEWAL OF OPERATING LIE OF BUSINESSES W/I COB (C.C.P #88, MARCH 18) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 107 SPONSOR MR. FONTANA, MRS. RUSSELL, MR. SMITH, MR. FRANCZYK, MR. GOLOMBEK, MR. SCANLON, MR. LOCURTO, MR. PRIDGEN AND MR. RIVERA BUFFALO COMMON COUNCIL SUPPORT CITIZENS FOR REGIONAL TRANSIT Whereas Citizens for Regional Transit is a grass roots community organization that promotes the expansion of Metro Rail to serve all of Western New York and the improvements of regional transit service in general. Founded in 1965, their central focus is too see Buffalo's light rail extended to achieve its original goal of providing a 36 mile network that serves the citizens of the Buffalo- Niagara Region, and Whereas According to the National Census, one third of Buffalo households do not own cars and rely on transit for their transportation needs and buses are not adequate for the task. Further, Light rail on dedicated rights -of -way can deliver significant benefits to transit dependent citizens as well as serving the larger population when strategically placed park and ride facilities. This also diminishes the necessity of additional downtown parking lots and opens up valuable real estate for redevelopment, creating an affordable, efficient and green mode of transportation for all residents; and, Whereas Light rail projects in other cities like Buffalo have demonstrated a significant increase in transit orientated development and increased economic activity along their routes and stations, thereby increasing the confidence that investments in Buffalo's light rail can also stimulate increased economic development in Buffalo. Whereas According to the Buffalo News, The Buffalo Niagara Medical Campus's expansion anticipates 17,5oo employees and a large body of visitors that cannot be adequately accommodated with parking on or near the campus. For this reason, Buffalo Niagara Medical Campus leaders are arguing for more capable transit options, especially the extension of light rail and associated park and ride facilities; and, Whereas Buffalo has an extensive network of existing, publically owned rights -of -way that can support the cost effective extension of Buffalo's light rail, something that is a unique benefit to the city. Currently the NFTA has initiated a contract to study alternatives for efficient transit connections between the University at Buffalo's Amherst and Main Street campuses. Additionally, Congressman Brian Higgins has announced an interest in expanding light rail to the DL &W terminal on the waterfront; and, Now, Therefore, Be R Resolved: That the Common Council of the City of Buffalo hereby stand with and support the Citizens For Regional Transit in their common effort to expand the light rail in Buffalo and Western New York. With many areas of the city currently developing and with the number of residents that rely on public transit, it is essential that the City of Buffalo expand its light rail to accommodate those needs and increase economic opportunities for all residents along its path; and, Also, Be It Resolved: That the Common Council will work with other agencies and leaders throughout the region to implement actions that facilitate achieving both near - term and long -term goals of extending Buffalo's light rail in a way that satisfies current and emerging transit needs. This will include seeking sources of funding, building community and political support, and coordinating planning and implementation actions; and, Also, be It Resolved: That the Common Council supports the near -term goals of extending the light rail into the DL &W terminal and to a park and ride lot a short distance to the south as recently proposed by Congressman Higgins and the NFTA and as described in an article that appeared in the Buffalo News on March 6t "ofthis year. The Common Council also supports the idea of deploying a low cost trolley in the cobblestone district and to the Heritage Discovery Center on Lee Street as described in the engineering study titled "Buffalo Historic Trolley Connection Report" sponsored by the WNY Railway Historical Society and the Citizens for Regional Transit. The Council also supports the extension of transit, preferably light rail, to the Amherst Campus in accordance with the ongoing NFTA alternatives study; and, Also be It Resolved: That the Common Council supports long -term goals of extending the light rail along high priority corridors including extensions to the Greater Buffalo- Niagara International Airport, the Southtowns, and to the Tonawandas; and, Be it Finally Resolved: That a copy of this resolution be forwarded to Citizens for Regional Transit, NFTA Chairman Howard Zemsky, NFTA Executive Director Kimberley Minkel, The Erie County Legislature, Congressman Brian Higgins, BNMC COO Patrick Whalen, Governor Andrew Cuomo and the Western New York delegation of the Senate and Assembly. ADOPTED NO. 108 SPONSOR COUNCIL MEMBER FONTANA WAIVE FEES FOR THE 7 "ANNUAL RIDE FOR MISSING CHILDREN Whereas This ride is sponsored by the National Center for Missing & Exploited Children/ New York (NCMEC /NY) and is a 100 -mile ride made by over 150 pledged bicycle rider Whereas NCMEC's mission is to help recover missing children, protect all children from sexual exploitation, and assist in the prevention of these crimes; and Whereas More than 2,200 children are reported missing each day in the United States, some in our own community. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with holding the 7 th Annual Ride for Missing Children which will take place on Friday, May 31, Be It Finally Resolved: That a copy of this resolution be sent to the Office of Special Events. PASSED AYES -9 NOES -0 NO. 109 SPONSORS: NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK ADVOCATING FOR A NO KILL POLICY FOR ANIMAL SHELTERS Whereas The No Kill Advocacy Center was established in 2004, marking the first in a long line of successful no kill shelters. Since then, No Kill shelters have been established Whereas The model for running a humane and economically balanced shelter, known as the No Kill Equation, emphasizes several key strategies to control the pet population involvement, medical and behavioral rehabilitation and compassionate shelter directors who are willing to make the necessary changes; and Whereas Many reasons why shelters do not look to implement the no kill policy are myths, such as pet overpopulation, the belief that the public is irresponsible, that a no kill she Whereas The no kill method is proven to reduce costs, increase revenues and support community businesses. Reduced costs associated with reduced killing, enhanced comr a no kill policy effective and promote community development. The dozens of No Kill communities across the United States share little in common demographically, yet still have Now, Therefore, Be It Resolved: That the Buffalo Common Council supports the No Kill movement in their goal of spreading the No Kill Equation to all animal shelters in Western New York, including the Buffalo Be it Finally Resolved: That copies of this resolution be sent to The No Kill Advocacy Center, The City of Buffalo Animal Shelter, The SPCA of Erie County, The Buffalo Humane Society and The Buff North District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION NO. 110 BY COUNCILMEMBERS GOLOMBEK, FRANCZYK, FONTANA, SMITH, RUSSELL, SMITH WAIVER OF SPECIAL EVENTS FEE FOR GOBIKE BUFFALO'S PLAY STREETS EVENT Whereas GoBike Buffalo is a non - profit organization located at 640 Ellicott St whose mission is to create healthy, environmentally sustainable, community - friendly transportation options; and Whereas GoBilke Buffalo was recently awarded a grant from the Partnership for a Healthier America for its Play Streets initiative; and Whereas Play Streets events will have select City Streets that will be closed to cars and opened up to the community to get together, get active and have fun. These events will create a safe accessible space for people to walk, ride bikes, dance, play sports and games and eat healthy food; and Whereas, the events will occur at five locations over Summer 2013 on the first Sunday of each month from 12 pm — 4pm. Below is the schedule for each event. May 5- Buffalo Promise Neighborhood /E. Amherst St(University District) June 2 "d - Hamlin ParkM/ohlers Ave(Masten District) July 7 h - Seneca /Babcock/Seneca St /Larkinville(Fillmore & Lovejoy District) August 4 h - Allentown(Fillmore District) September 1 st -West Side -Rees St /Buff State /Richardson Complex(North & Niagara Districts) Now therefore, be it resolved, the Common Council request the Office Special Events to waive the fees associated to this event; and Be it further resolved, the City Clerk is directed to send a certified copy of this resolution to the Office of Special Events. PASSED AYES -9 NOES -0 NO. 111 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR SK CHARITY RACE IN DELAWARE PARK Whereas, City Honors 10 grader Madeline Caywood has organized a 5k charity race in Delaware Park as part of her school's special project initiative; and Whereas, she has decided to host this charity race to benefit Camp Good Days and Special Times, is a 501 (c)(3) not - for - profit organization dedicated to improving the quality of life for children, adults and families whose lives have been touched by cancer and other life challenges; and Whereas, the Buffalo Board of Education, Buffalo Public Schools, and City Honors school are supporting this event though the provision of insurance coverage; and Whereas, the 5k race will take place on April 14 h ' 2013 on Ring Road in Delaware Park; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit and special event fees associated with holding this charity race in Delaware Park on April 14 h ' 2013. Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES -9 NOES -0 NO. 112 BY: EILICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN WAIVE PERMIT FEE FOR BUFFALO ATHLETIC CLUB (BAC) TO PROMOTE HEALTH AND WELLNESS Whereas: The Buffalo Athletic Club is utilizing Niagara Square to premier free outdoor Yoga classes this summer to promote health and wellness in the Downtown community; and Whereas: Beginning July 1 _t through August 28 from 6:45 to 7:45 pm, the BAC will offer outdoor Yoga classes to the general public and BAC members; and Whereas: In addition to this promotion, the BAC will incorporate a donation box available to the public with all proceeds going Women & Children's Hospital of Buffalo; and Whereas: In the event of rain, the BAC will hold class in the aerobic room at the Downtown BAC, all non - members will be permitted to utilize the club for rainy days at no cost. Now, Therefore, Be It Resolved: That the Common Council approves waiving the permit and special event fees associated with the event, and commends the BAC in their effort to promote health and wellness in our community and generously donating all proceeds to Women's & Children's Hospital; and Be It Finally Resolved: That copies of this resolution be sent to the Department of— Permit & Inspection Services and the Department of Public Works, Kaleida Health Network, Special Events and the BAC. PASSED AYES -9 NOES -0 NO.113 BY: MRS. RUSSELL RE: DENIAL OF FOOD STORE LICENSE APPLICATION FOR 3172 BAILEY AVE. Whereas An application has been made to license a food store at 3172 Bailey Avenue at the comer of Berkshire Avenue; and Whereas This intersection has been the scene of continuing gang violence, including several shootings, one of which left a young woman permanently paralyzed; and Whereas Gang activity at the intersection has only recently been brought under control through extensive Buffalo Police enforcement, including the stationing of a permanent Police patrol at the intersection for a four -month period; and Whereas The Buffalo Police Department has identified delicatessen stores at this intersection to be directly related to loitering and criminal activity at this intersection; and Whereas Whereas two delicatessen stores are currently operating within a few hundred feet of the proposed new location; and Whereas The Buffalo Police Department has recommended that no new delicatessen stores be licensed at this intersection in order to reduce gang loitering and criminal activity; and Whereas This intersection is within less than one block of the Westminster School and within one block of the soon to be opened Buffalo Promise Neighborhood Early Childhood Center; and Whereas The applicant, Saleh M. Nagi, testified before the Common Council Legislation Committee at a public hearing seeking approval of this application; and Whereas At that hearing Mr. Nagi stated that he has already built out the location as a delicatessen store; and Whereas In support of his application, Mr. Nagi presented photographs which he asserted truly represented the state of the interior of the building; and Whereas Photographs depicted a large cashier's counter completely enclosed in bullet- resistant Plexiglas surrounds; and Whereas The applicant further asserted that he had also fully stocked the store with foodstuffs and grocery items; and Whereas As evidence of the stocked shelves the applicant presented photographs depicting what he claimed were the shelves in his store stocked with foodstuffs and grocery items; and Whereas The photographs presented clearly depicted shelves of grocery items hearing shelf tags identical to those used by the Tops supermarket chain, including the "Tops Bonus Card" shelf tag promotions used by that corporation in their operations; and Whereas Upon questioning by the chair of the Legislation Committee the applicant admitted that the photographs were indeed from a Tops supermarket and did not represent the interior of his proposed store; and Whereas The Committee was of the opinion that the photographs were presented with the purpose of misrepresenting the proposed operation and for the purpose of deceiving the committee; and Whereas The applicant's conduct at the public hearing together with the evidence that applicant has constructed a fortified cashier station to protect his employees and receipts, the history of gang activity shootings, and the need for extraordinary police enforcement at this intersection, has led the Legislation Committee to believe that this business at this location will tend only to exacerbate problems of gang activity at this intersection; Now Therefore Be It Resolved; That for the above reasons, the City of Buffalo Common Council finds the issuance era food store license detrimental to the public safety and welfare of the community immediately located around 3172 Bailey Ave. and therefore denies the application. PASSED AYES -9 NOES -0 NO. 114 BY COUNCILMEMBERS SCANLON FONTANA SMITH CITY OF BUFFALO LOCAL LAW NO. -- (2013) LOCAL LAW INTRODUCTORY NO. 1 (2013) A LOCAL LAW amending the Charter of the City of Buffalo with respect to the collection of occupancy taxes. Be it enacted by the Common Council of the City of Buffalo, as follows: Section 1. The Charter of the city of Buffalo, is hereby amended by adding a new section 28 -29.10 thereto to read as follows: §28 -29 10 Occupancy tax. Any occupancy tax imposed upon real property_ pursuant to subdivision c of section one hundred ten of the public housing law shall be and shall remain a lien upon such real property for forty -two years from the date of levy. §2. This local law shall be effective immediately. APPROVED AS TO FORM TIMOTHY A. BALL Corporation Counsel BY: ALAN GERSTMAN Assistant Corporation Counsel NOTE: Matter underlined is new, matter in [brackets] is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 116 BY: MR. SCANLON TRANSFER OF FUNDS (PW) BALLPARK IMPROVEMENTS 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: 30000106 - 445100 Planning for Capital Projects $ 500,000 To: 36324706- 445100 Downtown' Ballpark Improvements 2013 $ 500,000 PASSED AYES -9 NOES -0 NO. 116 BY: MR. SCANLON TRANSFER OF FUNDS LAFAYETTE ICE RINK 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: 30000106 445100 Capital Projects Planning $400,000 To: 30083306 445100 Lafayette Ice Rink $400,000 PASSED AYES -9 NOES -0 NO. 117 SPONSOR CHRISTOPHER SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR VARIOUS EVENTS IN THE SOUTH DISTRICT WHEREAS, Chapter 175 of the Code of City of Buffalo establishes a schedule of fees that are to be charged with respect of licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Alive 12 Parade of Circles will be held on June 2, 2013; and WHEREAS, The South Buffalo Charter School End of School Year Picnic will be held on June 21, 2013; and WHEREAS, Goin' South's 13 Irish Feis will be held on September 7, 2013 at Cazenovia Park; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Special Events, Department of Law and all other involved City Departments waive the City Olmstead Park Fee (where applicable) and event fees for the South Buffalo Alive 12 Annual Parade of Circles, the South Buffalo Charter School End of School Year Picnic, and Goin' South's 13 Irish Feis; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, Special Events and Law. PASSED F- 1 =110IRl01 161*w NO. 118 MR. D. SMITH TRAILBLAZING SIGN REQUEST FOR HON. DAVID A. COLLINS Whereas Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas David A. Collins, as native Mississippian, has resided in Buffalo since 1956; and Whereas Mr. Collins was employed by General Motors in 1961 where he later became treasurer of UAW Local #1173. He later joined the Opportunities Development Corporation (Project JET), where he located employment and training opportunities for Buffalo's structurally unemployed residents; and Whereas In 1967, Mr. Collins joined the A. Phillip Randolph Institute, and the Worker's Defense League of New York City and established the Buffalo Chapter of the Joint Apprenticeship Program Inc. There he successfully trained young African Americans to compete in the local Building Trade Union Apprenticeship Programs. He later expanded this program to include Project JUSTICE, which trained adult African Americans to become Trade Union Members. He is responsible for placing more than 500 men and women in the lucrative construction industry; and Whereas In 1971, Mr. Collins was appointed executive director of the Employment Information Center.(a Model Cities Program), where he developed employment opportunities throughout Western New York for more than 1,000 hard -core, unemployed, Buffalo residents; and Whereas In 1978, Mr. Collins was elected to the Buffalo Common Council as a representative of the Masten District, where he served until 1995. The longest tenure of any Masten District representative; and Whereas In retirement from public life, Mr. Collins has served as a consultant to numerous human service agencies. He attended Alcorm A &M College in Lormen, Mississippi. He holds a Bachelor Degree in Sociology from the University of Buffalo where he attended the Graduate School of Social Policy. He also served as a faculty member for many years; and Now, therefore be it resolved: That the Common Council of the City of Buffalo hereby approved the installation of a trailblazing sign at the corner of North Parade and Fillmore Ave thereby proclaiming it "David A. Collins Way "; and Be it finally Resolved: That the Department of Public is directed to erect these signs to the effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT BY DEMONE A. SMITH NO. 119 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: Nathan Hall TOTAL:1 ADOPTED ON 4/02/13 NO. 120 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. Ali 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, April 9, 2013 at 9:45 O'clock A.M. Committee on Finance Tuesday, April 9, 2013 at 10:00 O'clock AM following Civil Service Committee on Community Development Tuesday, April 9, 2013 at 1:00 O'clock PM Committee on Legislation Tuesday, April 9, 2013 at 2:00 O'clock PM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can on17 make notification of what we are made aware. NO. 121 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 2:41 PM GERALD CHWALINSKI CITY CLERK