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HomeMy WebLinkAbout13-0416 (2)PROCEEDINGS OF THE CITY OF BUFFALO APRIL 16, 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 16, 2013 FINAL MAYOR 1. Appointment Appraisal Review Board(Ross) CS,COLL 2. Appointment Buffalo Preservation Board(Gilbert) CS,COLL 3. Appointment Buffalo Water Board(Finn) CS,COLL MAYOR - EXECUTIVE 4. Cit Serv- Submission of Monthly Report -March 2013 R &F 5. Plan Bd -SEQR Negative Declaration -1005 Abbott(South) R &F 6. Plan Bd -SEQR Negative Declaration -44 Brayton(Nia) R &F 7. Plan Bd -SEQR Negative Declaration -875 Elmwood aka 598 Lafayette(Del) R &F 8. Plan Bd -SEQR Negative Declaration -199 Scott St.(Fill) R &F 9. Plan Bd -SEQR Negative Declaration- 145 -149 Swan(Fill) R &F 10- 9A Strat Plan -CDBG Program Funding /HOME Program Funding /HOPWA /ESG CD 11- 10. Strat Plan- Report of Sale -430 Berkshire(Univ) CD 12- 11. Strat Plan- Report of Sale 420 Busti(EII) CD 13- 12. Strat Plan- Report of Sale 310 Cornwall(Mas) CD 14- 13. Strat Plan- Report of Sale 291 Wohlers(EII) CD 15- 14. Strat Plan- Rescind Sale & Forfeit Deposit 338 and 340 Bissell(Fill) APP 16- 15. Strat Plan- Request to Accept Grant Contract W /IBM APP COMPTROLLER 17- 15A. Interfund Cash Loan -Erie Basin Marina /Hatch APP 18- 15B Interfund Cash Loan - Restoration of Vehicle Traffic on Main St APP 19- 15C Certificate of Necessity- Empire State Development Grant R &F 20- 15D Certificate of Necessity - Police Other Contractual Services R &F PUBLIC WORKS 21- 16. Annual Report Office of Telecommunications LEG 22- 17. Perm to Engage Services Consulting Eng -CDBG Yr 39 St & Sidewalk Repair APP 23- 18. Perm to Engage Services Consulting Eng -Col Ward Water Treatment Facility APP 24- 19. Perm to Engage Services Consulting Eng -New Watermain on Elmwood APP 25- 20. Perm to Enter Agmt and Accept Funds to Reconst Sidewalks & Curbs(South) APP 26- 21. Perm to Hire Consultant -A District Roof Reconstruction (South) APP 27- 22. Perm to Hire Consultant- Broadway Garage Tire Room Roof Replacement APP 28- 23. Perm to Hire Consultant -JFK CC Fagade Improvements(Ell) APP 29- 23A Perm to Hire Consultant -City Court Women's Holding Area APP 30- 24. Perm to Increase Consultant Contract Michigan Ave Watermain Imp APP 31- 25. Report of Bids -City Wide Sidewalk Replacement APP 32- 25A Report of Bids - Fillmore Ave Overlay and Streetscape Project APP POLICE 33- 26. Proposed Agmt With PAL for Admin of Funding APP 34- 27. Appoint Report Tech nician (Prov)(Inter)(Lorenzo) CS PERMITS AND INSPECTIONS 35- 28. Resp. for Restricted Use Downtown Ent Review Dist. -75 W. Chippewa Events 4/19/13, 5/10/13 and 5/24/13 R &F 36- 29. Second Hand Dealer -1478 Hertel(Del) APP 37- 30. Used Car Dealer -356 Hopkins(South) LEG SEWER AUTHORITY 38- 31. 2013 -2014 Budget R &F CITY CLERK 39- 32. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (4/19/13) APP 40- 33. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (5/10/13) APP 41- 34. Application for Restricted Use Permit Downtown Ent Review District - 75 W. Chippewa (5/24/13) APP 42- 35. Liquor License Applications R &F 43- 36. Reports of Attendance R &F 44- 37. Notices of Appointments - Council Interns ADOPT 45- 38. Notices of Appointments- Mayors Program R &F 46- 39. Notices of Appointment - Seasonal R &F 47- 40. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 48- 41. P. Battaglia -Req to Remove Temporary Hold on SEQR Process LEG,PW,CC,EDPI 49- 42. N. Boyd- Concerns Apollo Media Center TELE 50- 43. LP Ciminelli -Board Packet Documents April 2013 ED 51- 44. NYSDEC - Brownfield Cleanup Prog. 154 S. Ogden Update R &F 52- 45. NYSDEC- Inactive Hazardous Waste Disposal Site Delist Notice -193 Abby R &F 53- 46. NYSD OT- Designation of Restricted Highway -NY Route 33 R &F 54- 47. J. Sorrentino - Concerns Aurora - Colden Fire District R &F PETITIONS 55- 48. J. Mahiques, Owner, Use 197 Allen -To Reestablish a Restaurant in the Allentown Special District(hrg 4/23)(Fill) LEG,CPBD 56- 49. P. Tsouflides, Owner, Use 708 Elmwood to Enclose Portion Along Side of Building for Additional Kitchen Space and a Cooler(hrg 4/23)(Del) LEG,CPBD 57- 50. A. Kondola, Owner, Use 802 Elmwood for Use of a Restaurant in the Elmwood District(Del)(hrg 04/23) LEG,CPBD RESOLUTIONS 110- 51. Fontana, etc Ordinance Amendment- Charter Ch 365 -2- Acceptance of Scrap Refrigeration Units LEG 111- 52. Fontana Waiver of Fees for Fr Joseph Moreno Memorial Walk APP 112- 53. Golombek Ordinance Amendment - Chapter 316 -55 Mobile Food Vendors LEG 113- 53A Golombek Ordinance Amendment - Chapter 437 -6 Taxicab & Liveries APP 114- 54. LoCurto Waive Permit Fees Independent Health's Kids Run Del Park APP 115- 55. LoCurto Waive Permit Fees YMCA's Fitness in The Parks Program APP 116- 55A Scanlon Transfer in Funds - Empire State Development Grant APP 117- 55B Scanlon Transfer in Funds - Police Other Contractual Services APP - - - -- 56. Smith Comm of Deeds Public Duties WITHDRAWN 118- 57. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS ND /11WA:IT /1619 58- 1. Com 31 Apr 2 Appoint Recreation Instructor (Perm)(Max)(Snyder)(PW) APP 59- 2. Com 51 Apr 2 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 60- 3. Com 27 Mar 19 Report of Bids Broadway Market Armed Security(PW) R &F 61- 4. Com 24 Dec 26 Drug Asset Forfeiture Annual Certification Report With Audit - FY Ending 6/30/12(Pol) R &F COMMUNITY DEVELOPMENT 62- 5. Com 11 Apr 2 Report of Sale 551 East North (EII)(Strat Plan) APP 63- 6. No 75 Apr 2 Report of Sale -79 Keystone(Lov)(Strat Plan)( #7,3/19) RECOMMIT 64- 7. No 79 Apr 2 Report of Sale -206 Winslow(Mas)(Strat Plan)(14,3/19) RECOMMIT 65- 8. No 56 Mar 19 D. Funke - Supports Extension of Buffalo's Light Rail R &F 66- 9. Com 2 Feb 19 Submission of Monthly Report- January 2013(Cit Serv) R &F 67- 10. Com 12 Jan 22 Report of Sale -898 Kensington(Univ)(Strat Plan) APP 68- 11. No 30 Nov 27 Empire State Dev- SEQR- Canalside Land Use Improvement Project R &F 69- 12. No 31 Nov 27 Erie Canal Harbor Dev Project- Modified General Project Plan -Pub Hrg R &F 70- 13. No 32 Nov 27 NYS Env Quality Review Act - Harbor Center Project R &F 71- 14. No 57 Oct 16 Select HARBOR center Dev, LLC as Preferred Developer for Webster Block(Mayor)( #1, 9/4) R &F 72- 15. No 63 July 24 G. Gifford - Letter to Federal Transit Administration Re Cars Sharing Main St_R &F 73- 16. Com 32 May 15 Combined Sewer Overflow Long Term Control Plan- 2012(BSA) R &F 74- 17. No 40 Apr 17 L. Fortune- Complaints Cars Parked on Paths and Grass at MLK Park R &F 75- 18. Com 5 Mar 20 Additional Information on Federal Financial Assistance R &F 76- 19. No 36 Sept 20 M. Kearns -M. Tritto Req Meeting Btwn Bflo CC Collaborative and the CC R &F 77- 20. No 47 Oct 5 J. Pajak - Olmsted Pks -Peace Bridge Proj MOA with Federal Hgwy Admin R &F 78- 21. No 34 Dec 28 S. Gawhk- Empire State Deve - General Proj Plan - Canalside Land Use Improv Proj R &F 79- 22. No 59 May 25 S. Gawlik- Empire State Deve Corp Finding Statement -Canal Side Proj R &F LEGISLATION 80- 23. No 58 Apr 2 H. Martinez, Agent, Use 1586 S. Park to Open an Existing Restaurant in the South Park Special Zoning District(South)(hrg 4/09) APP 81- 24. No 59 Apr 2 J. Popiela, Agent, Use 65 Ridgewood for a Freestanding Sign(hrg 4 /09)(South)_APP 82- 25. No 60 Apr 2 J. Brandon, Owner, Use 1416 Hertel aka 1430 Hertel for an Outdoor Cafe In The Hertel Ave Special Zoning District(hrg 4 /09)(Del) APP 83- 26. No 61 Apr 2 J. Popiela, Agent, Use 1885 South Park for a Freestanding Sign(no hrg)(South)_APP 84- 27. No 62 Apr 2 J. Popiela, Agent, Use 65 Abbott Rd for a Freestanding Sign(no hrg)(South) APP 85- 28. No 63 Apr 2 D. Wilcox, Agent, Use 1618 Main St for Freestanding Sign(no hrg)(EII) APP 86- 29. Com 37 Apr 2 Food Store License (New) 1305 Broadway(Fill)(EDPI) APP W /COND 87- 30. Com 38 Apr 2 Food Store License (New) 1545 Broadway(Fill)(EDPI) RECOMMIT 88- 31. Com 40 Apr 2 Food Store License (New) 1431 Kensington aka 1455 Kensington(Univ)(EDPI) APP /COND 89- 32. Com 43 Apr 2 Food Store License (New) 1727 South Park (South)(EDPI) RECOMMIT 90- 33. Res 109 Apr 2 Advocating for a No Kill Policy for Animal Shelters(Golombek) ADOPT 91- 34. Res 114 Apr 2 LL Intro #1 -Amend Charter With Respect to Collection of Occupancy Taxes APP 92- 35. Res 148 Mar 19 Security Cameras in Taxi Cabs(exc res)(Smith) R &F 93- 36. Com 21 Nov 27 Reinstitute A Deli Task Force(EDPI) R &F 94- 37. No 47 Nov 13 M. LoCurto- Concerns with Food Store at 1256 Hertel Ave R &F 95- 38. No 57 Nov 13 A. Ali, Owner, Use 2162 Seneca St to Expand a Restaurant to Include an Auction House(South)(hrg 11/20) R &F 96- 39. No 45 Oct 18 D. Smith Various Correspondences Re Makeshift Memorials R &F 97- 40. No 46 Oct 18 D. Smith -P. Foye -Info Re Funding for Foreclosure Prevention Services R &F 98- 41. Res 73 Oct 16 Clarifying The City's Food Store Licensing, Closure & Appeals Process(exc res)(Russell) R &F 99- 42. Com 37 Mar 19 Food Store License(new) -2883 Bailey aka 2887 Bailey(Univ)(EDPI) APP 100- 43. Com 36 Dec 26 Food Store License -3172 Bailey(Univ)(EDPI) DENY 101- 44. Com 26 Nov 3 Food Store License (New) -2887 Bailey(Univ)(EDPI) R &F 102- 45. Com 64 Sept 4 Food Store License(New) -1256 Hertel(Del)(EDPI) R &F 103- 46. Com 23 March 6 Food Store(New) 1096 Kensington(Masten)(EDPI) RECOMMIT 104- 47. Com 35 June 26 Food Store (New) 2330 Seneca (South)(EDPI) APP 105- 48. No 54 Nov 27 Restaurant Dance License(New) 391 Ellicott(EII)(EDPI)( #33, 11/13) APP 106- 49. No 75 Nov 13 Second Hand Dealer -420 East Delavan (Mas)(EDPI)( #28,10/30) APP 107- 50. No 35 Mar 8 D. Smith - Request Legal Opinion- Proposed Deli License Agmt R &F 108- 51. Res 65 Mar 2 Revised FEMA Digital Flood Insurance Rate Maps & Ins Study(except Res) R &F 109- 52. Res 66 Mar 2 Fight With FEMA Plan -Old First Ward in FloodPlain(except Res) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 16, 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 April 2, 2013 were approved. FROM THE MAYOR NO. 1 APPOINTMENT - APPRAISAL REVIEW BOARD(ROSS) Pursuant to Section 312, Article 17 of the Charter, I hereby appoint the following individual to serve on the Appraisal Review Board for a 4 year term, commencing immediately and expiring March 30, 2017. Appointment Franz H. Ross, 20 Bidwell Parkway, Buffalo, New York, 14222 Mr. Franz H. Ross is a Certified General Real Estate Appraiser with over 20 years' experience. Currently Mr. Ross is a Senior Staff Appraiser for First Niagara Bank. His primary focus is reviewing appraisals of larger commercial real estate projects, specializing in complex property types such as hotels, healthcare properties, recreational properties, etc. I hereby certify that the above named individual is fully qualified to serve as a member of the Appraisal Review Board. REFERRED TO TEE COMMITTEE ON CIVIL SERVICE AND THE DIVISION OF COLLECTIONS NO. 2 APPOINTMENT - BUFFALO PRESERVATION BOARD(GILBERT) Pursuant to Chapter 337, Article II, § 337 -3 of the City Charter, I hereby appoint the following individual to serve on the Buffalo Preservation Board for a 3 year term, commencing immediately and expiring March 30, 2016. Appointment Don Gilbert, 455 Franklin Street, Buffalo, New York, 14202 Mr. Don Gilbert is the former Vice President of the Allentown Association and has been a prominent contributor to the evolving success of the Allentown neighborhood through his private development projects: He was presented a 2012 Preservation Buffalo Niagara award for his restoration of the Hiram Day Mansion in Allentown. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Preservation Board. REFERRED TO TEE COMMITTEE ON CIVIL SERVICE AND THE DIVISION OF COLLECTIONS NO. 3 APPOINTMENT BUFFALO WATER BOARD (FINN) Pursuant to Section 1048 -F, Article 5, Title 2B of the New York State Public Authority Law, I hereby appoint the following individual to serve on the Buffalo Water Board for a 1 year term, commencing immediately and expiring April 30, 2014: Appointment Michael J. Finn, P. E., 231 Virgil Avenue, Buffalo, New York 14216 Mr. Finn is a Principal Engineer for the City of Buffalo Department of Public Works. Parks and Streets He is a graduate of the University at Buffalo and a New York State licensed professional engineer with 7 years of practicing experience. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Water Board. REFERRED TO TEE COMMITTEE ON CIVIL SERVICE AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO.4 SUBMISSION OF MONTHLY REPORT -MARCH 2013 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of March 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 6 PLAN BD -SEQR NEGATIVE DECLARATION -1006 ABBOTT(SOUTH) SEQRA Notice of Determination Non Significance Negative Declaration This notice IS issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Fuel Pumps /tanks, South Buffalo Trading Company Location: 1005 Abbott Road Type of Action: Coordinated - Unlisted Description: Ellicott Development is proposing the construction of a fuel dumping station with additional parking located at 1005 Abbott Road Buffalo New York. The Fueling station will include a four Dump fueling Island and canopy as waif as eleven new parking spaces The site will have a total of thirty spaces when complete providing enough parking for both the fueling station and the onsite currently operating South Buffalo Trading Company. The project will also involve the relocation of a curb cut to a spot further down Abbott road to better accommodate ingress and egress along with additional landscaping The new tanks will be state of the art m design and meet all of the New York State and local laws regarding construction placement and installation. The tanks will be properly inspected before they begin operation by all the authorities that have approval. The project if privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The fueling addition to the existing retail /convenience store will provide South Buffalo residents and visitors s convenient location for fueling their vehicles. The Identified potential negative impacts appear to be primarily short -term site preparation and construction related activities and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator. Room 901 City Hall, Buffalo New York 14202 — 761- 851 -5085 Dated: March 26, 2013 RECEIVED AND FILED NO. 6 PLAN BD -SEQR NEGATIVE DECLARATION -44 BRAYTON(NIA) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Five Points Bakery Expansion Location: 44 Brayton Street Type of Action: uncoordinated - unlisted Description: Kevin & Melissa Gardner owners of Five Points Bakery are proposing the renovation of the existing building located at 44 Brayton Street Buffalo New York. Five Points Bakery located in the community west of Richmond Avenue is planning to build its whole grain bakery and toast car6 with an expansion. Over the past three years they have increased sales significantly with their current space filled to Capacity. The new expansion will allow better serving their growing customer base and hiring up to ten new individuals. They have also begun to reach out to businesses to sell their products. The project will involve rehabilitating a3000sq. ft. brick building that was partially demolished last fall because of safety concerns. This building will become the new home to the bakery with a two hundred fifty square foot addition of the back for milling operations. The grain will dry in an 1,1 00 sq. ft. cinderblock building located on the site. (will be developed at a later date). A new eight parking lot will be built as well as a 5000 sq. ft. landscaped. This project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will benefit the community in that it will provide a new store that will be beneficial to the surrounding community as well as un- improved lots that have been vacant for over 30 years There 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 Hall, Buffalo New York 14202 - 716 851 -5085 Dated: March 26, 2013 RECEIVED AND FILED NO. 7 PLAN BD -SEQR NEGATIVE DECLARATION -875 ELMWOOD AKA 598 LAFAYETTE(DEL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (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 ray owed the following action as it relates to the environment: Action Title Renovation , Lafayette Avenue Presbyterian Church Location: 875 Elmwood Avenue (AKA 598 Lafayette Avenue) Type of Action: coordinated - unlisted Description: Carmina wood Morris on behalf of Lafayette Presbyterian Church is proposing the renovation of the existing building located at 875 Elmwood Avenue, (aka 598 Lafayette Avenue) Buffalo New York. The project involves the renovation of the existing building. The church has been suffering from financial difficulties and is having problems supporting its congregation as well as their Community outreach to the least fortunate of the surrounding community. The church is an excellent example of Romanesque and Tudor Revival architecture, a new proposed plan for reuse is being implemented that will include 23 dwelling units. The original buildings will remain intact. There will be no exterior additions, leaving the existing 21,144 Sq. Ft. building footprint and exterior elevations essentially the same. The only exterior work to the building will be some minor site work to accommodate handicapped accessible access to the original church building and the community house. A ramped sidewalk will be added for resident access to the Community house from the existing parking lot and a ramped sidewalk and exterior wheel chair lift will be added to the Elmwood entrance of the church building for public access. The remainder of the exterior work to the building will be restoration of deteriorated mortar, windows and doors following the Secretary of interiors Standards. In order to accommodate the new residential users, the existing parking lot off of Lafayette will be re -laid out and extended south to accommodate 16 parking spaces including an accessible spot. The edge of the parking lot will be approximately 1 foot from the property line and approximately 15 feet from the sidewalk. This space is currently utilized for a trash and recycling dumpster area. A second parking lot with two new curb cuts, one on Elmwood and one on St. James is proposed to add an additional eight parking spaces totaling twenty four spots. The new parking lot will be where the existing playground is located and will be one way vehicles entering from Elmwood Avenue and exiting on to St. James Place. A new bike rack to accommodate the local community and encourage alternate transportation will be added. A valet service will be provided during busy time (church activities). The displaced trash dumpster will be accommodated in a new ground floor shared trash room serving both the church and residents. The displaced playground will be relocated to the south of its current location and be reconstructed with a wrought iron decorative fence, new playground equipment and a slip and fall protective surface. Total cost of this project will be 7 million dollars and be privately funded. As a result of this Environmental Review the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not he prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will benefit the community in that it will provide a shared use of a church building and grounds that were threatened with closing due to financial difficulties as well as allow for the continued use of the church by its congregation and neighborhood residents. 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 Hall, Buffalo New York 14202 - 716 851 -5085 Dated: March 26, 2013 RECEIVED AND FILED NO. 8 PLAN BD -SEQR NEGATIVE DECLARATION -199 SCOTT ST. (FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - 8!ate 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 Coffee Rich Refrigeration Building Location: 199 Scott Street Type of Action: Coordinated - Unlisted Description: Ellicott Development is proposing the renovation of the former Coffee Rich Refrigeration warehouse located at 199 Scott Street Buffalo New York. The former Coffee Rich warehouse is an 112,000 square foot building located near the intersection of East Market Street and Scott Street and sits on a 0.7 parcel while the adjacent one acre parcel that is also owned by Ellicott Development Company is a former railroad right of way that runs between Scott Street and Perry Street. The building was constructed in 1920 for the Fairmont Creamery Company and was last used by Arctic Freezer Company as a refrigeration warehouse for Rich Products. The building has been empty for approximately twenty years. The proposed renovation will include the complete interior renovation of the building into a mixed -use, commercial and residential complex to include a restaurant, banquet facilities, market- rate apartments and professional office space. To complete the renovation, it will be necessary to make structural repairs to the exterior of the building including replacing the roof cleaning and repointing the brick. The project will include 116 new openings, 226 widows and six ground floor entrances. The building will feature state of the art mechanical systems that will include electrical, plumbing, elevators and HVAC. On the site twenty two parking spaces will be placed next to the building at the intersection with East Market Street. Eighty five Spaces will be created on the former railroad property to the east of the building for a total of 107 spaces. The breakdown of the space will include Floor 1, Restaurant /Retail, Floor 2, Banquet /Office, Floor 3 and 4, 20 residential units, Floor 5, thru 8, Office space. It is currently anticipated that funding will include private and ECIDA assistance. The grandfathered billboard will remain. All required environmental preparation and clean -up will be subject to local, state and federal regulations. 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 adaptive reuse or this vacant building will add to the momentum and recent development occurring in this area providing new residential, Office and restaurant choices as well as employment opportunities during construction and after completion. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085 Dated April 9, 2013 RECEIVED AND FILED NO. 9 PLAN BD -SEQR NEGATIVE DECLARATION- 145 -149 SWAN (FILL) 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 previsions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Apartments at the HUB - Project Narrative Location: 145 -149 Swan Street Type of Action: Type 1- Coordinated Description: Schneider Design Architects is proposing the renovation of the existing buildings located at 145 - 149 Swan Street, Buffalo New York. The Apartments at the HUB is proposed to be a mixed- use development that will bring a new commercial tenant and forty nine new upscale apartment units to downtown Buffalo. The project encompasses the adaptive reuse of 80,000 square feet of infrastructure located in two buildings at 145 & 149 Swan Street. The project site will provide adequate parking and new green areas along the south and east of 149 Swan Street and on the comer of Michigan Avenue and Swan Street. The project is located also in the Central business district and is within approximately a mile of the buffalo Niagara Medical Campus, Larkinville and Canalside. It is also accessible to the 190 and the Kensington Expressways well as the outer harbor. The 145& 149 Swan Street properties has significant architecture as rare and substantially intact large -scale commercial and manufacturing structures that were built during the nineteenth and early twentieth centuries. The buildings exemplify the commercial and light industrial character of the surrounding neighborhood which became its primary function as proximate transportation networks and growing industry transformed the formerly residential character of the area. The vast majority of surrounding properties was lost to urban development. Plans for the first floor retail space include a synergistic vision that centers around expanding the bicycle culture in Western New York. The WNY Bicycle will feature a retail bicycle and repair shop, a bicycle fitness facility with showers and locker facilities, a bicycle rental and storage services, collaboration with cultural tourism for bicycle excursions, a bicycle themed card and bar with an outdoor patio. A community use conference center for bicycle clubs and not for profit bicycle related community organizations will be made available, The 49 apartments will be a mix of one and two bedroom units ranging in size from 950 Square Feet to 1520 Square Feet. The units will feature granite counter tops, stainless steel appliances, solid core doors, hardwood flooring, whirlpool tubs and underground parking. The tenants will have available to them a rooftop garden deck with views of the Buffalo skyline to the west. The roof deck will include an outdoor shower and fire pit. Twenty one underground parking spaces and sixty two surface parking spaces will be available to the building. A phase one environmental review was conducted and the study revealed no adverse environmental conditions. The developer is currently working with the City of Buffalo to improve the surrounding public domain to include new landscaping, sidewalk improvements and new street lighting, The Apartments at HUB is estimated to cost 13.5 million dollars and a grand opening is anticipated in Spring 2014. 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. N6 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 and commercial opportunity as well as preserve a piece of Buffalos Architectural history. This project will have an overall positive effect on the surrounding downtown community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. These are primarily short -term construction related impacts. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: March 26, 2013 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 STRAT PLAN - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FUNDING HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND FUNDING HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM ( HOPWA) PROGRAM AND FUNDING EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM AND FUNDING The City of Buffalo Office of Strategic Planning has worked with HUD and with the City Comptroller to devise a new system to administer the subject programs and program funding. The following program administration and management agreements (copies of drafts of which are attached hereto for your review) embody the new system agreed to among the City's Office of Strategic Planning, HUD and the Office of the City Comptroller: 1. Agreement Between the City of Buffalo and the City of Buffalo Urban Renewal Agency for City of Buffalo CDGB Program Administration ( "CDBG Agreement ") 2. Agreement Between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the Administration and Implementation of the Home Investment Partnerships (HOME) Program ( "HOME Agreement ") 3. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services through the Housing Opportunities for Persons With AIDS Program ( "HOPWA Agreement ") 4.Agreement the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services for the City of Buffalo Emergency Solutions Grant Program ( "ESG Agreement "). The CDBG Agreement, HOME Agreement, HOPWA Agreement and ESG Agreement and the updated system of arrangements for the administration of CDBG funds, HOME funds, HOPWA funds and ESG funds: 1. Continue the expenditure of HUD funds in compliance with all HUD regulations, 2. Allow the City to spend funds while continuing to refine the final delivery structures for such programs, 3. Continue the programs and compliance methods by BURA which have been reviewed extensively by HUD and approved by HUD, 4. Recognize the experience, depth and capacity of BURA staff in managing HUD and other federal programs, and 5. Extend the terms of current agreements and arrangements which allow and will now continue to allow BURA to disburse funds directly to third parties for CDBG projects and programs and HOME projects and programs, in a manner satisfactory to the City's Comptroller and satisfactory to HUD as to use of funds and funds disbursement protocol. It is also noted that BURA receives compensation for its services under the agreements. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Ratify and confirm the actions taken to prepare the agreements in this form after working with the City Comptroller and HUD; 2. Authorize the Mayor to execute the agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; 3. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning 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 the agreements and to facilitate and implement the City's receipt and utilization of the subject funding as well as all related reporting, monitoring and follow -up functions associated with the funding; and 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation and agreements wherever necessary for execution and actual implementation of the improved and updated administrative arrangements and agreements which will be filed with the Common Council as an informational item. This Communication is being filed at this time for an expected referral to your Honorable Body's Community Development Committee for further review. My office with the cooperation of the Law Department and BURA Counsel have been intensively reviewing and modifying the agreements with the Comptroller's office and have reached agreement with respect to the material terms herein and agree that this filing is necessary at this time. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OF THE CITY OF BUFFALO'S OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 STRAT PLAN - REPORT OF SALE 430 BERKSHIRE North Side 266.95' North of Bailey Lot Size: 30 x 110' Assessed Valuation: Land: $ 4,300 Total: $32,400 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Richard A. Fairweather and Mrs. Wanda Fairweather of 17 Philadelphia Street, Buffalo, New York 14207 to purchase 430 Berkshire Avenue. Mr. & Mrs. Fairweather intend to renovate this two family dwelling for their personal residence. They have estimated the cost of renovations to be Four Thousand Six Hundred Dollars ($4,600). Mr. & Mrs. Fairweather have provided proof of financial ability to complete the purchase and renovations. The Office of Strategic Planning, Division of Real Estate and the Land Use Planning Committee have reviewed Mr. & Mrs. Fairweather's proposal and have no objections to this sale. The Division of Permit and Inspection Services and the Division of Collections have indicated that there are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property at 430 Berkshire is a two family dwelling, situated on a lot size 30 x 110 consisting of 2,089 square feet of living area. The property is in fair condition. The purchaser has committed to making the improvements to address the condition. A building permit will be required for the improvements to this property. The property was acquired by the City through In Rem No. 41, Serial 2929, in October 2007. The property was appraised by G.A.R. Associates, Inc. and they have estimated the fair market value of the property to be Twelve Thousand Dollars ($12,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report at their meeting on December 18, 2012 and concurs with the Appraiser's estimate of value. Mr. & Mrs. Fairweather have agreed and are prepared to pay Twelve Thousand Dollars ($12,000) 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 430 Berkshire to Mr. Richard A. Fairweather and Mrs. Wanda Fairweather in the amount of Twelve Thousand Dollars ($12,000). 1 am further recommending 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 STRAT PLAN - REPORT OF SALE 420 BUSTI AVENUE South Side 235' Southeast of Pennsylvania Lot Size: 30'x 1 00' Assessed Valuation: $2,800 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. John P. Koerner and Ms. Christina M. Higgins of 422 Busti Avenue, Buffalo, New York 14201 to purchase 420 Busti Avenue, a city owned vacant lot. Mr. Koerner and Ms. Higgins own and reside at 422 Busti Avenue, which is adjacent to the vacant lot at 420 Busti Avenue. They have indicated that they have been maintaining this city owned vacant lot for the past ten (10) years. Mr. Koerner and Ms. Higgins would like to purchase the lot at 420 Busti in order to plant a garden and for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty -Five Cents ($.65) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Koerner and Ms. Higgins have agreed and are prepared to pay Three Thousand Dollars ($3,000), One Dollar ($1.00) 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 420 Busti Avenue in the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVEOPMENT NO. 13 REPORT OF SALE -310 CORNWALL West Side 180.14' North of Delavan Lot Size: 30 x 125' Assessed Valuation: Land: $ 3,200 Total: $35,300 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Anthony R. Garr and Mrs. Adrienne C. Garr of 223 Virgil Avenue, Buffalo, New York 14216 to purchase 310 Cornwall Avenue. Mr. & Mrs. Garr intend to renovate this single family dwelling for their personal residence. They have estimated the cost of renovations to be Five Thousand Five Hundred Forty Dollars ($5,540). Mr. & Mrs. Garr have provided proof of financial ability to complete the purchase and renovations. The Office of Strategic Planning, Division of Real Estate and the Land Use Planning Committee have reviewed Mr. & Mrs. Garr's proposal and have no objections to this sale. The Division of Permit and Inspection Services and the Division of Collections have indicated that there are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property at 310 Cornwall is a single family home, situated on a lot size 30 x 125 consisting of 1,533 square feet of living area. The property is in poor condition. The purchaser has committed to making the improvements to address the condition. A building permit will be required for the improvements to this property. The property was acquired by the City through In Rem No. 39, Serial 4263, in October 2005. The property was appraised by G.A.R. Associates, Inc. and they have estimated the fair market value of the property to be Four Thousand Five Hundred Dollars ($4,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report at their meeting on December 18, 2012 and concurs with the Appraiser's estimate of value. Mr. & Mrs. Garr have agreed and are prepared to pay Four Thousand Five Hundred Dollars ($4,500) 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 310 Cornwall to Mr. Anthony R. Garr and Mrs. Adrienne C. Garr in the amount of Four Thousand Five Hundred Dollars ($4,500). 1 am further recommending 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 REPORT OF SALE 291 WOHLERS East Side 120' South of Glenwood Lot Size: 30 x 135' Assessed Valuation: Land: $ 2,100 Total: $15,000 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Julio Morina of 318 Fourteenth Street, Buffalo, New York 14213 to purchase 291 Wohlers Avenue. Mr. Morina intends to renovate this two family dwelling for his personal residence. He has estimated the cost of renovations to be Twelve Thousand Four Hundred Dollars ($12,400). Mr. Morina has provided proof of financial ability to complete the purchase and renovations. The Office of Strategic Planning, Division of Real Estate and the Land Use Planning Committee have reviewed Mr. Morina's proposal and have no objections to this sale. The Division of Permit and Inspection Services and the Division of Collections have indicated that there are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property at 291 Wohlers is a two family dwelling, situated on a lot size 30 x 135 consisting of 1,946 square feet of living area. The property is in poor condition. The purchaser has committed to making the improvements to address the condition. A building permit will be required for the improvements to this property. The property was acquired by the City through In Rem No. 39, Serial 2165, in October 2007. The property was appraised by G.A.R. Associates, Inc. and they have estimated the fair market value of the property to be Two Thousand Five Hundred Dollars ($2,500). The Office of Strategic Planning, Division of Real Estate, concurs with the Appraiser's estimate of value. Mr. Morina has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500) 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 291 Wohlers to Mr. Julio Morina in the amount of Two Thousand Five Hundred Dollars ($2,500). 1 am further recommending 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 RESCIND SALE & FORFEIT DEPOSIT 338 AND 340 BISSELL AVENUE Ms. Therese Angel(Fillmore District) PRIOR COUNCIL REFERENCE: Item #7, C.C.P. April 18, 2006 In the above referenced item Your Honorable Body approved the sale of 338 and 340 Bissell Avenue to Ms. Theresa Angel, 336 Bissell Avenue, Buffalo, New York 14211. Several notices have been mailed to Ms. Angel to finalize the sale and close on the transfer of title. Final notice was sent on February 11, 2013 advising that failure to respond would result in rescinding the sale, forfeit the deposit of Five Hundred Dollars ($500) and return the properties to our inventory for future sale. Ms. Theresa Angel has not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 338 and 340 Bissell Avenue to Ms. Theresa Angel, the deposit forfeited and the properties returned to our inventory for future sale. Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, dated April 8, 2013, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 338 Bissell and 340 Bissell and the deposit of Five Hundred Dollars ($500.00) down payment is forfeited by Ms. Theresa Angel, 336 Bissell Avenue, Buffalo, New York, and that the property be returned to inventory for sale. PASSED AYES 9, NOES 0 NO. 16 REQUEST TO ACCEPT GRANT CONTRACT WITH INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM) The City of Buffalo is one of thirty cities world -wide to be awarded a 2013 IBM Smarter Cities Challenge Grant. Through this Grant, International Business Machines Corporation (IBM) provides the City with the consulting expertise of six IBM executives who will work full time in Buffalo for three weeks in May, 2013; the IBM Team will consult with Mayor Brown, City of Buffalo staff and public and private stakeholders to identify strategies for utilizing data to develop and facilitate employment opportunities for young adults in Buffalo. Through the Smarter Cities Project, the City and IBM will develop short and long -term methods for improving youth employment outcomes, including more effective data analysis for public policy- makers, provision of critical data to potential employers and opening data for private citizen access. At the conclusion of the three -week Project, IBM will provide the City with a "Roadmap" document that identifies opportunities for the most effective use of the data that has been examined. The Smarter Cities Challenge Project is a grant of services only; these consulting services, provided by IBM at no charge to the City, are estimated at a value of $400,000 in executive staff services, time and expenses. The Grant is independent of any past, present or future arrangements, and is not connected to any existing relationship between the City of Buffalo and IBM. The Grant Agreement does not obligate either the City of Buffalo or IBM to enter into future business with the other. The IBM Team selected to participate in the Grant Project in Buffalo include executives from the United Kingdom, India, Australia and Malaysia, as well as from the United States I respectively request that your Honorable Body authorize the City of Buffalo to contract with International Business Machines Corporation (IBM) to accept the 2013 IBM Smarter Cities Challenge Grant. The Office of Strategic Planning is requesting that Your Honorable Body hereby: 1. Authorize the Mayor to execute the necessary grant funding agreements (in substantially the same form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the Grant consulting services; 2. Authorize other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant consulting services as well as all related reporting, monitoring, and follow -up functions associated with the grant. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 9, 2013, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning to contract with International Business Machines Corporation (IBM) to accept the 2013 IBM Smarter Cities Challenge Grant; and That the Common Council hereby authorizes the Mayor to executed the necessary grant finding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the Grant consulting services; and That the Common Council hereby authorizes other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the 8xant consulting services as well as all related reporting, monitoring and follow -up functions associated with the grant. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 17 INTERFUND CASH LOAN -ERIE BASIN MARINA/HATCH Construction work on the new facilities at the Erie Basin Marina has required a cash advance until the funding from this year's bond sale is available. I have reviewed the information listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $400,000.00 as needed subject to your approval. Loan is payable when the cash from the bond sate is available. From: 1000 - General Fund To: 35328206 - 445100 Erie Basin Marina /Hatch Project Title: Erie Basin Marina — The Hatch Additions & Alterations Loan: $400,000.00 Estimated Date of Repayment: May 3, 2013 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated April 11, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $400,000.00 for construction work on the new facilities at the Erie Basin Marina. The loan is payable when the cash from the bond sale is available. PASSED AYES 9, NOES 0 NO. 18 INTERFUND CASH LOAN - RESTORATION OF VEHICLE TRAFFIC ON MAIN ST Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,616,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000 - General Fund TO: 3210 - Cars on Main Street -500 Block Grant Title: Restoration of Vehicle Traffic on Main St -500 Block- Mohawk St. to Chippewa St. Grant Agency: New York State Department of Transportation Grant Amount: $1,616,000.00 Loan Amount: Maximum of $1,616,000.00 Estimated Date of Repayment: December 31, 2013 Mr. Smith moved: That the above item be, and the above communication from the department of Audit and Control /Comptroller, dated April 15, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $1,616,000.00 for the restoration of vehicle traffic on Main street -500 Block from Mohawk Street to Chippewa Street. The loan is payable at the date of reimbursement. PASSED AYES 9, NOES 0 NO. 19 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 $ 40,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Capital Projects $40,000 To: 30089006 - 450000 Empire State Development Grant $40,000 RECEIVED AND FILED NO. 20 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark d. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 575,000 be transferred and reappropriated as set forth below: From 17303002 - 423001 NYS ERS Pension $575,000 To: 12005006 - 434000 Police Other Contractual Services $575,000 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 ANNUAL REPORT OFFICE OF TELECOMMUNICATION CCP ITEM #112, FEBRUARY 12, 2013 Attached is a copy of the annual report of the Office of Telecommunications, Utilities and Franchises, as requested by your Honorable Body. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CDBG YR -39 STREETS & SIDEWALK IMPROVEMENTS CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid and construction phase services for CDBG Year 39 Streets and Sidewalks Improvements. The costs for consulting services are estimated not to exceed $200,000.00. The funds are available in Capital account(s) 35314506 - 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 10, 2013, be received and filed; and Mr. Smith moved 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 phase services for CDBG Year 39 Streets and Sidewalk Improvements. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available in Capital account(s) 35314506 - 445100 and /or an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR BACKWASH SEWER END DECHLORINATION 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 Backwash Sewer and Dechlorination System at the Col. Ward Water Treatment Facility. This new system as to allow for the discharge of backwash water and to provide proper dechlorination. Dechlorination is required by NYS Department of Environmental Conservation (NYSDEC) and NYS Department of Health (NYSDOH) for proper discharge of filter backwash water after the gravity thickeners 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 April 10, 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 CDM Smith for design, bidding and construction phase services for Backwash Sewer and Dechlorination System at the Col. Ward Water Treatment Facility. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water account(s) 53230796 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR A NEW WATERMAIN AT CRITICAL LOCATIONS WITHIN THE DISTRIBUTION SYSTEM INCLUDING ON ELMWOOD AVENUE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks end Streets to grant permission to hire Erdman Anthony for the design, bid and construction phase services for the installation of a new watermain at critical locations within the City of Buffalo including a new 16 -inch watermain on Elmwood Avenue. The current watermain is broken under railroad property end will be relocated in the City of Buffalo Right -of -Way (ROW) to avoid involvement of the railroad end costly repairs. The watermain is critical to distributing water to residents and commercial customers in this area. The work will include deign, bid and construction 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 April 10, 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 Erdman Anthony for design, bidding and construction phase services for the installation of a new watermain at critical locations within the City of Buffalo, including a new 16 -inch watermain on Elmwood. The consultant was chosen through a Request for Qualifications (RFQ) process. The 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. 25 PERMISSION TO ENTER IN AGREEMENT AND TO ACCEPT FUNDS FOR THE RECONSTRUCTION OF SIDEWALKS & CURBS OF SENECA STREET LEAMINGTON PLACE TO BURCH AVENUE SOUTH DISTRICT The New York Department of Transportation (NYSDOT) has designated $250,000 of Master Municipal Multi -Modal Capital Project funds for the reconstruction of sidewalks and curb on Seneca Street from Leamington Place to Burch Avenue This Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design and construction of this project. This Department is also requesting that Your Honorable Body authorize the Mayor and /or this Department to accept the $250,000 of Master Municipal Multi -Modal Capital Project funds for the project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 9, 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 New York State Department of Transportation for the reconstruction of sidewalks and curbs on Seneca Street from Leamington Place to Burch Avenue; and authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the $250,000.00 of Master Municipal Multi -Modal Capital Project Funds for this project. PASSED AYES -9 NOES -0 NO. 26 PERMISSION TO HIRE CONSULTANT W DISTRICT POLICE STATION ROOF REPLACEMENT JOB #1307 SOUTH DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire BHNT Architects as a consultant to provide architectural and engineering services for the 'A' District Police Station, Roof Replacement. The cost for consulting services is estimated not to exceed $16,500.00. The funds are available in bond account 35323106 445100 - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. 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 April 8, 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 BHNT Architects as a consultant to provide architectural and engineering services for the A District Police Station Roof Replacement. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 27 PERMISSION TO HIRE CONSULTANT BROADWAY GARAGE TIRE ROOM ROOF REPLACEMENT JOB #1308 ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire BHNT Architects as a consultant to provide architectural and engineering services for the Broadway Garage Tire Room, Roof Replacement. The cost for consulting services is estimated not to exceed $14,500.00. The funds are available in bond account 34322706 445100 - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. 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 April 8, 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 BHNT Architects as a consultant to provide architectural and engineering services for the Broadway Garage Tire Room Roof Replacement. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 34322706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. NO. 28 PERMISSION TO HIRE CONSULTANT JFK COMMUNITY CENTER FACADEIMPROVEMENTS JOB #1306 ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Clinton Brown Company Architecture as a consultant to provide architectural and engineering services for the JFK Community Center, Facade Improvements. The cost for consulting services is estimated not to exceed $15,000.00. The funds are available in bond account 35328306 445100 - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. 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 April 5, 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 Clinton Brown Company Architecture as a consultant to provide architectural and engineering services for the JFK Community Center Fagade Improvements. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 35328306 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 29 PERMISSION TO HIRE CONSULTANT CITY COURT WOMEN'S HOLDING AREA PHASES I &II JOB #1304 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for construction of Women's Holding Area, City Court, Phase I & 11. The cost for consulting services is estimated not to exceed $98,350.00. Funds are available in 34323006 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. 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 April 5, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for construction of a Women's Holding Area, City Court, Phase I and 11. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 34323006 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 30 PERMISSION TO INCREASE CONSULTANT CONTRACT CLOUGH HARBOUR ASSOCIATES MICHIGAN AVE. WATERMAIN IMPROVEMENTS PHASE 2 CONTRACT # 92010859 1 hereby submit to your Honorable Body the following change for this contract. Clough Harbour Associates is the engineering consultant for the Michigan Ave. Watermain Improvement Contract (Phase1). This increase is necessary for engineering services related to design, bidding, construction administration, construction inspection and record drawings required of the Engineer for Phase 2 of the work. Phase 2 of the work will utilize the inspection manholes in the 36" RCP watermain pipe and repair sections of the 36" RCP identified in Phase 1 of the project as structurally deficient. I certify that this request is necessary 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 change order. 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 April 10, 2013, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute a change order for the Michigan Avenue Watermain Improvements (Phase 1) and the engineering services related to design, bidding, construction administration, construction inspection and record drawings required of the Engineering for Phase 2 of the work, C #92010859. 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. 31 REPORT OF BIDS CITY WIDE SIDEWALK REPLACEMENT - 2013 GROUP #768 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid plus Base Bid plus Alternate "A" Alternate "A ": with 10% Unit Price Increase Campobello Construction Co., Inc. $1,33,824.00' $1,380,091.85' $1,518,101.04' 23 Stratford Road, Buffalo, NY 14216 P & J Concrete Co., Inc. $1,150,870.50' $1,403,954.88' $1,544,350.37' 709 Pleasant View Drive, Lancaster, NY 14086 Master's Edge, Inc. $1,203,310.00 $1,451,020.00 $1,596,122.00 3409 Broadway, Cheektowaga, NY 14227 Yarussi Construction, Inc. $1,396,950.00 $1,716,650.00 $1,888,315.00 5650 Simmons Avenue, Niagara Falls, NY 14304 'Adjusted amount to correct for mathematical errors in the calculation of the bid. I hereby certify that the low bidder for the above project is Campobello Construction Co., Inc. I respectfully recommend a contract award in the amount of $ ($1,133,824.00" Base Bid+ $246,267.85 - Alternate 'A" bid +S138,009.19 10% unit price increase = $1,518,101.04 — Total Contract Amount Funds for this contract are available in #35314506 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $1,330,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 13 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated April 10, 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 City -wide sidewalk replacements, with Campobello Construction Co., Inc. in the amount of $1,133,824.00 (Base Bid of $1,133,824.00 + $246,267.85 - Alternate "A" Bid + $138,009.19 [10% Unit Price Increase] for a Total Award of $1,518,101.04). Funds for this contract are available in Account #35314506 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 32 REPORT OF BIDS - FILLMORE AVENUE MILL, OVERLAY AND STREETSCAPE PROJECT (DPW) NORTH PARADE TO EAST FERRY ST PIN 6767.76 This is to advise Your Honorable Body that I have advertised and received bids on April 10, 2013 The lowest three bids received were Contractor Base Bid Total Bid Price CATCO $2,124,377.10 $2,230,595.96 1266 Townline Road Alden, NY 14004 NOVA Site Company LLC $2,299,907.50 $2,414,902.88 6 Lena Court West Seneca, NY 14224 Northeast Diversification $2,449,815.95 $2,572,306.75 2 Caldby Industrial Pkwy Lancaster, NY 14086 I hereby certify the lowest responsible bidder for the above project is CATCO and I respectfully Recommend that Your Honorable Body authorize a contract award to CATCO in the amount of $2,230,595.96. (Base Bid of $2,124,377.10 + [5% unit price increases] $106,218.86 equals[Total Award] $2,230,595.96)The Engineer's estimate for the work is $2,613,948.85. This project is a 95% reimbursed Federal Aide Highway Project and funds for this project are available in our Capital Account #31970006 - 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 April 12, 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 Fillmore Avenue Mill, Overlay and Streetscape Project, with CATCO, in the amount of $2,230,595.96 (Base Bid of $2,124,377.10 + [5% Unit Price Increases] $106,218.86 for a Total Award of $2,230,595.96). This project is a 95% reimbursed Federal Aid Highway Project and funds are available in Capital Account #31970006 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 33 CITY POLICE DEPARTMENT'S PROPOSED AGREEMENT WITH POLICE ATHLETIC LEAGUE OF BUFFALO, INC. (PAL) FOR THE ADMINISTRATION OF FUNDING FOR AND TO VARIOUS BUSINESSES AND COMMUNITY BASED ORGANIZATIONS TO FACILITATE BUSINESS /BUSINESS INVESTMENT, NEIGHBORHOOD BEAUTIFICATION AND CRIME PREVENTION The City's Police Department (the "Department ") is positioned to enter into an agreement with PAL to facilitate proper utilization of $200,000 to fund and assist various businesses and community based organizations in a pilot program (the "Program ") to facilitate business /business investment, neighborhood beautification and crime prevention initiatives in the City of Buffalo. The PAL will receive the $200,000 Program funding up front from the Department and the PAL in turn will enter into agreements with the various businesses and community based organizations which are selected for participation and receipt of assistance in the Program. The Program participants will be selected in an open and competitive process with the objective of leveraging maximum business investment, neighborhood beautification and crime prevention results from the City's $200,000 investment. Approximately half of the $200,000 will be directed to business /business investment and neighborhood beautification with the other half being directed primarily to crime prevention. Accordingly, the Department requests your Honorable Body to: Authorize the Commissioner of Police to enter into an agreement on behalf of the City's Police Department with the Police Athletic League of Buffalo, Inc. ( "PAL ") in form and substance similar to the agreement attached hereto to achieve the objectives of the business investment, neighborhood beautification and crime prevention Program, Authorize the Commissioner and Department staff and or other appropriate City staff to take all such steps and actions necessary to achieve Program objectives including but not limited to specific authority to fund the $200,000 Program up -front to PAL in a lump sum from the Department, Authorize Department staff and pertinent City personnel to take all such 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 the agreement and the objectives of the Program, and 4. 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 Commissioner of the Buffalo Police Department, dated April 11, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement on behalf of the City's Police Department with the Police Athletic League of Buffalo, Inc. ( "PAL ") in form and substance to achieve the objectives of the business investment, neighborhood beautification and crime prevention program; and hereby authorizes the Commissioner of the Buffalo Police Department and department staff and /or other appropriate City state to take all such steps and actions necessary to achieve program objectives including, but not limited to, specific authority to fund the $200,000.00 program up -front to PAL in a lump sum from the department; and hereby authorizes department staff and pertinent City personnel to take all such 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 the agreement and the objectives of the program; and directs 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 tasks and objectives. PASSED AYES -9 NOES -0 NO. 34 APPOINT REPORT TECHNICIAN(SPANISH SPEAKING)(INTER)(LORENZO) Appointment effective 04/08/2013 in the Department of Police, Division of Detective Bureau to the Position of Report Technician(Spanish Speaking), Provisional at the Intermediate Salary of $33,941.00(7 step) Irma E. Lorenzo, 2232 Kenmore Avenue, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 35 RESP FOR RESTRICTED USE DOWNTOWN ENT REVIEW DIST -75 W. CHIPPEWA EVENTS 4/19/13,6/10/13 AND 5/24/13 Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District "; (F) "Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC" d /b /a "LUX" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. RECEIVED AND FILED NO. 36 SECOND HAND DEALER 1478 HERTEL (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1478 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Catherine Newman. The attached thereto for Catherine Newman d /b /a/ Essential Home Decor. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated March 28, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Catherine Newman d /b /a Essential Home Decor located at 1478 Hertel is hereby approved. PASSED AYES -9 NOES -0 NO. 37 USED CAR DEALER 356 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 356 Hopkins and find that us to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Danielle & Michael Militello. The attached thereto for Danielle & Michael Militello/dba/M I LITE LLO FAMILY AUTO. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO SEWER AUTHORITY NO. 38 2013 -2014 BUDGET Item available for review in The City Clerk's Office RECEIVED AND FILED FROM THE CITY CLERK NO. 39 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL) MR. SMITH MOVED004/19/2013) Application available for review in The City Clerk's Office Mr. Smith moved That the above item be, and the above communication the Office of the City Clerk of Buffalo dated April 16, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on April 19, 2013 is approved upon the following conditions: All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and /or over • Eighteen (18) staff members will be on duty to ensure the safety and well being of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect AYES -9 NOES -0 PASSED NO. 40 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL)(05/10/2013) Application available for review in The City Clerk's Office Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated April 16, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on May 10, 2013 is approved upon the following conditions: All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and /or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 41 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 75 W. CHIPPEWA (ELL)(05/24/2013) Application available for review in The City Clerk's Office Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated April 16, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on May 24, 2013 is approved upon the following conditions: All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and /or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 42 LIQUOR LICENSE APPLICATIONS Address Business Name Owners Name 534 Elmwood Joes NY Deli Joes NY Deli 1 Fulton St Seneca Gaming Erie Corporation Seneca Gaming Erie Corporation Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. RECEIVED AND FILED NO. 43 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 44 NOTICES OF APPOINTMENTS COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern ADOPTED CERTIFICATE OF APPOINTMENT Appointment effective 04/01/2013 in the Department of Common Council, Division of Niagara District to the Position of Intern VIII at the flat salary of $15.00 /hr Monique Owens, 902 Prospect Avenue, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 04/01/2013 in the Department of Common Council, Division of University District to the Position of Intern IX at the flat salary of $12.47/hr Gwendolyn Hairston, 145 Brunswick Blvd, Buffalo, NY 14208 NO. 46 APPOINTMENTS MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment effective April 1, 2013 in the Department of Executive, Division of Mayor to the Position of Intern IX at the hourly salary of $12.47/hr Lyana Luciano, 247 West Ave, Buffalo, NY 14201 NO. 46 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 April 1, 2013 in the Department of Community Services& Recreational Programming, Division of Citizen Rights & Community Relations to the Position of Intern IX at the Hourly Salary of $12.47/hr Rashied McDuffie, 183 Brunswick Blvd, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective April 1, 2013 in the Department of Public Works, Division of Streets to the Position of Laborer II, Seasonal at the flat salary of $12.47/hr David Zloty, 575 Delaware Ave, Buffalo, NY 14209 Jay LoTempio, 229 Villa, Buffalo, NY 14216 NO. 47 APPOINTMENTS - TEMP /PROV /PERM I transmit herewith Appointments in the various departments made at the Minimum(Temporary, Provisional, Permanent)(as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment effective March 28, 2013 in the Department of Law, to the Position of Assistant Corporation Counsel I /Municipal Attorney, Permanent at the minimum salary of $53,686.00 Megan N Steele, 703 W. Ferry Apt C16, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective 04/08/2013 in the Department of Administration and Finance, Division of Budget to the Position of Management Analyst, Permanent at the minimum Salary of $48,526 Raymour Nosworthy, 266 Oak St Unit 102, Buffalo, NY 14203 CERTIFICATE OF APPOINTMENT Appointment effective 04/08/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Superintendent of Street Sanitation, Provisional at the minimum Salary of $42,186.00 Michael Krupp, 253 Boil St, Sloan, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective 04/10/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Dispatcher, Permanent at the minimum Salary of $24,184.00 Dawnette Leftwich, 210 Stockbridge Ave, Buffalo, NY 14215 NON OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NO. 48 P. BATTAGLIA -REQ TO REMOVE TEMPORARY HOLD ON SEQR PROCESS NYSDEC Commissioner Mr. Joseph Martens 625 Broadway Albany, New York 12233 -1011 Re: Battaglia Transfer Station Application to New York State Department of Environmental Conservation: 1037 -1055 Seneca Street Seqr Lead Agency Determination APPEAL OF DECISION Date: NYSDEC Region 9 granted City of Buffalo Lead Agency March 14, 2023 Dear Commissioner Mr. Joseph Martens, I hereby remove the temporary hold that I placed on SEQR process. I hereby request that NYSDEC be designated Lead Agency to the application to modify our existing NYSDEC part 360 permit for Battaglia Facility. Battaglia Demolition Inc. NYSDEC permit modification to our existing dec state issued permit are as follows: - Increase waste acceptance rate to 750 tons per day (state DEC permit approval) - Change DEC hours of operation to equal City of Buffalo approved hours ( see attached November 15, 2004 approval from City of Buffalo planning board) - Change name of facility to Battaglia Transfer Station, to equal City of Buffalo already approved certificate of occupancy (see attached City approval certificate of occupancy dated 6/22/2001) The NYSDEC permit is the authority of "discretion" to request a permit modification to that permit. The City of Buffalo has no jurisdiction. The City of Buffalo planning department issued all of its "discretionary approvals" May 23, 2000 along with the City of Buffalo Common Council followed with their approvals. On January 19, 2001, NYSDEC advised the City of Buffalo of our application we submitted to 6 NYCRR part 360 for a permit application request issued by NYSDEC. The NYSDEC identified our proposal as an "UNLISTED" action. The NYSDEC. department proposes to act as Lead Agency for the review of our permit application since it was the NYSDEC understanding that the City of Buffalo has issued all approvals for this action and has no further jurisdiction. (See Attached) The NYSDEC acted as SEQR Lead Agency on our State DEC permit we are. requesting to modify The NYSDEC was SEQR LEAD Agency on our DEC issued permit because the NYSDEC had and has the "discretionary" authority over that permit. The City of Buffalo states the following falsified and erroneous information in a certified resolution by Council member David Franczyk on March 6, 2013 in claiming "discretion" in a license. 3 rd Whereas: Applicant holds a current transfer station for construction and demolition debris license, issued by The City of Buffalo Commissioner of public works that is subject to the conditions placed by the City of Buffalo commissioner of public works, City of Buffalo planning Board, and The City of Buffalo Common Council pursuant to their separate approval authorities contained in chapter 263, Article VII of the City of Buffalo code: • 4 rm WHEREAS: The changes in operation requested by applicant exceed the conditions of operation placed in the existing license granted by the City of Buffalo. "'These statements are falsified and erroneous. Battaglia Demolition Inc. has never been issued a License from The City of Buffalo Commissioner of Public Works. The City of Buffalo has presented to NYSDEC falsified, and erroneous information to the NYSDEC permit administrator in claiming "discretion" in a license to exist "' Battaglia Demolition Inc. would request that The City of Buffalo provide a copy of a "License" that has been issued by The City commissioner of public works for our transfer station for construction and demolition solid waste as to show the "discretion" The City of Buffalo relies upon. Our wholesale junk license is our legal discretionary authority license granted from The City of Buffalo. This license does not contain any specific restrictions as they relate to the proposed state DEC proposed modification requested for a tonnage increase, hours of operation, and name change. (see attached) The land use authorized by The City of Buffalo was granted in June 2003. certificate of occupancy (see attached) Background law: u) Lead Agency means involved agency principally for undertaking, funding, or approving an action, and therefore responsible for determining whether an environmental impact statement is required in connection with the action, and for the preparation and filling of the statement if one is required. (5) Actions for which lead agency cannot be agreed upon. (i) If within 30 calendar days allotted for the establishment of lead agency, the involved agencies are unable to agree upon which agency will be lead agency, the involved agencies are unable to agree upon which agency will be lead agency, any involved agency or project sponsor may request certified mail or other form of receipted delivery to the commissioner, that lead agency be designated. Simultaneously, copies of the request must be sent certified mail or other form of receipted delivery to all involved agencies and the project sponsor. Any agency raising a dispute must be ready to assume the lead agency function if such agency is designated by the commissioner. (ii) The request must identify each involved agency jurisdiction over the action. All relevant information necessary for the commissioner to apply criteria in subparagraph (v) of this subdivision, and state that all comments must be submitted to the commissioner within 10 calendar days after receipt of request. (v) The commissioner will use the following criteria, in order of importance, to designate lead agency: a) whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance (ie, if such impacts are primarily of local significance, all other considerations being equal, the local agency involved will be lead agency); b) which agency has the broadest governmental powers for investigation of the impact(s) of the proposed action; and c) Which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. Sincerely, Battaglia President REFERRED TO THE COMMITTEE ON LEGISLATION. PUBLIC WORKS. THE CORPORATION COUNSEL AND EDPI NO. 49 N. BOYD- CONCERNS APPOLO MEDIA CENTER April 4, 2013 The Honorable Byron Brown Mayor City of Buffalo City Hall Buffalo, New York 14202 Dear Mayor Brown: I am the Interim President of the Independent Producers Alliance (IPA) made up of local producers who produce media programs which air on Buffalo Public Access Television at the Apollo Media Center. At the present time we are meeting to develop a new vision for the producers in regard to producing quality media productions in the future. We realize that the communications department of the city, as well as your office, has an interest in what is produced at the Apollo Media Center. Because we have a mutual interest some of our representatives from IPA would like very much to meet with you and your representatives from the communications department. We would like to develop a creative dialogue on (1) (how we can be a part of your vision for the future for Buffalo Public Access Television. (2) How you or your representatives can help us develop the quality programming we feel we can produce with the city's help. (3) To discuss our plans with you so that you can understand what we are trying to do. (4) To help us understand your vision so that we can be clearer about what the future of Buffalo Public Access Television will be. In other words, we seek understanding and clarity about the future of Buffalo Public Access as you understand it and the role of the producers in this future. Our plan for the IPA includes new ideas and concepts for new ventures in production which could include production of documentaries, live television shows with call ins, and more of a variety of media programs which larger community access networks currently have. We feel our producers can come up with media programs which will increase subscriptions for Time Warner as well as training more media technicians to help Buffalo Access Television become one of the outstanding community television networks in the nation. All of this can be a plus for making Buffalo the media center for upstate New York. And this is what we would like to discuss with you and your representatives, and hopefully gain your support. REFERRED TO THE OFFICE OF TELECOMMUNICATIONS NO. 50 L.P. CIMINELLI -BOARD PACKET DOCUMENTS APRIL 2013 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider April 9, 2013 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 8, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated March 4, 2013 3. Fully Executed Phase V Application and Certificate for Payment No. 39 - February 2013 4. Phase III Application and Certificate fur Payment No. 58 - March 2013 5. Phase 1 V Application and Certificate for Payment No. 55 - March 2013 6. Phase V Application and Certificate for Payment No. 40 - March 2013 7. Resolution for Refunding a portion of Phase IV Bonds 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- February 2013 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - February 2013 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 51 NYSDEC - BROWNFIELD CLEANUP PROG. 154 S. OGDEN UPDATE Fact Sheet — Brownfield Cleanup Program Site Name: 154 South Ogden Street Site DEC Site #: C91268 Site Address: 154 South Ogden; Buffalo, NY 14210 154 S Ogden Update: Interim Remedial Measure Proposed; Public Comment Period Announced New York State Department of Environmental Conservation (DEC) is proposing an expedited cleanup for a portion of the 154 South Ogden Street Site ( "site ") located at 154 South Ogden, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the locations identified below under Where to Find Information. DEC is conducting a public comment period because this Interim Remedial Measure (IRM) is likely to represent a significant part of the cleanup for this site. How to Comment DEC is accepting written comments about the proposed Draft IRM Work Plan for 45 days, from April 6, 2013 through May 20, 2013. The documents are available for review at the locations identified below under Where to Find Information. Please submit comments to the DEC project manager listed under Project Related Questions in the Who to Contact area below. Draft Interim Remedial Measure Work Plan An IRM is a cleanup activity that may be performed when a source of contamination or exposure pathway (the way in which a person may contact contamination) can be effectively addressed without extensive investigation and evaluation. Summary of Investigation This IRM will primarily address the contaminated soil and fill material located on the eastern portion of the BCP site where a new building will be constructed. The eastern portion of the BCP site is referred to as the "IRM site" and is approximately 10.7 -acres oft he 21 -acre BCP site. The draft IRM work plan describes the proposed cleanup activities that include: • Excavation and off -site disposal (or off -site biotreatment) of soil /fill impacted by metals, PAHs, and petroleum • Returning clean soil /fill to the excavations. Next Steps DEC will consider public comments, revise the plan as necessary, and approve the IRM work plan in consultation with New York State Department of Health (DOH). The approved work plan will be made available to the public (see Where to Find Information below). Any public comments received during the public comment period will be addressed prior to DEC approval. Construction activities are expected to start in April. Upon completion of the IRM work, a Construction Completion Report will be prepared that documents the activities that were performed. The next steps after the IRM will be the completion of a Remedial Investigation and the development of an Alternatives Analysis Report of the entire site. It is anticipated this report will be available in summer 2013. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 154 South Ogden Street Site is located in an urban area. The site is near the northwest intersection of Mineral Springs Road and is an approximately 21 acre portion of a 26.6 acre parcel. Site Features: The site is a vacant lot with multiple debris piles, and bound by the Buffalo River to the north, South Ogden Street to the east, railroad tracks to the west and Mineral Spring Road to the south. Current Zoning /Use: The site is currently inactive, and is zoned for residential and commercial use. The surrounding parcels are currently used for a combination of residential, commercial, and rail right -of -ways. The nearest residential area is directly across South Ogden Street, Mineral Springs Road, and the Buffalo River. Historical Uses: Historic records indicate that the site was not previously developed; however a portion of the property was previously traversed by the Buffalo River and was filled with concurrent straightening of the river channel. Portions of this site were historically used as a dump. Site Geology and Hydrogeology: The soil type at the site is generally described as sandy clay with silt intermingled with "Dump material" (ash, black sand, brick, wood, glass), underlain by native poorly graded silty sand. The depth to groundwater is approximately 9 -15 feet below ground surface, and flows north to northwest toward the Buffalo River. In November 2012 the Brownfield Cleanup Agreement was executed for this site. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.ny.gov /chemical /90016.html and at http: / /www.dec.nygov /cfmx/ extapps / derexternal /haz /details.cfm ?pageid= C915268 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http://www.dec.ny.gov/chemical/8450.html RECEIVED AND FILED NO. 52 NYSDEC- INACTIVE HAZARDOUS WASTE DISPOSAL SITE DELIST NOTICE -193 ABBY PUBLIC NOTICE State Superfund Program 'Receive Site Information by Email. See for more information to learn how. Site Name: Ramco Steel Site No. 915046B Tax Map No. 133.13 -1 -1 Site Location: 193 Abby Street, City of Buffalo, Erie County 14220 Inactive Hazardous Waste Disposal Site Delist Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and /or the environment. New York State Department of Environmental Conservation (DEC) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry"). DEC has determined that this site (see map on reverse side) no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s). In accordance with the March 1996 Record of Decision, contaminated soil and sediment were removed from the site and consolidated into the adjacent Alltift Landfill, and the pond was restored to a productive wetland. These remedial actions, as well as the capping of the landfill, were completed in November 2005. Therefore, the elements of the Record of Decision have been satisfactorily completed and the site no longer poses a threat to public health. Public comments are being received before the decision to remove the site from the Registry is finalized. The public comment period will end May 10, 2013. If you would like to provide us with written comments, please send them to: Maurice Moore, Project Manager, NYS DEC, Division of Environmental Remediation , 270 Michigan Ave., Buffalo, NY 14203; mflmoore @gw. dec. state. ny.us; or to submit by phone, call 716 - 851 -7220. A summary of any comments will be assembled and made available for viewing at our Region 9 Office at 270 Michigan Ave., Buffalo, NY 14203. If we do not receive any new or additional information during this public comment period that changes our delist proposal, we will delist the site on or after June 1, 2013. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact DEC's Project Manager listed above. FOR MORE SITE INFORMATION Additional information about this site can be found using DEC's "Environmental Site Remediation Database Search" engine which is located on the internet at: htt;:// www. dec. ny. gov/ cfmx/ extapps / derexternal /haz /details.cfm ?ProgNo= 915046B DEC is sending you this notice in accordance with Environmental Conservation Law Article 27, Title 13 and its companion regulation (6NYCRR 375.2.7(b)(6)(ii)) which requires DEC to notify all parties on the contact list for this site of this recent action. RECEIVED AND FILED NO. 53 NYSDOT- DESIGNATION OF RESTRICTED HIGHWAY -NY ROUTE 33 NY Route 33 beginning at its western terminus at Elm and Oak Streets and continuing easterly to Interstate 90. All in the City of Buffalo and the Town of Cheektowaga in Erie County. Also, the proposed detour routes: Goodell Street to Main Street to Kensington Avenue to Grider Street to NY Route 33 NY Route 198 to Kensington Avenue to Harlem Road to NY Route 33 All in the City of Buffalo and the Town of Cheektowaga in Erie County. Which is being reconstructed under Contract No. D262269 is hereby designated as a Restricted Highway. Designation of Restricted Highway shall expire on 06/30/2014 Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by direction by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Joan McDonald Commissioner of Transportation RECEIVED AND FILED NO. 54 J. SORRENTINO- CONCERNS AURORA - COLDEN FIRE DISTRICT COMMISSIONER JONATHAN SORRENTINO January 26 2013 Dear Neighbor: It has been my honor to serve as your elected Fire Commissioner in our great community since 2008. In my tenure I have pursued tough issues within the Fire District, despite encountering threats against my personal safety and legal standing in the process. The incident in particular which caused me considerable backlash was my investigation into the fleecing of every resident in our district. During my investigation of the board members most notably the treasurer; Gerald Whittington, Sr., I found that your hard earned money went into his pocket where he felt it belonged, approximately $400k over a three year period. Unfortunately he was in this position for 30 years, and with the state audit limited to 3 years, this leaves us to wonder how much of your tax dollars were really embezzled over the remaining 17 years. At least I was able to stop the huge losses from re- occurring, and we were able to recover a large sun of the stolen funds, while restitution is made for the balance. As you can imagine I upset the other Fire Commissioners & Board Members who adamantly opposed my investigation, and found extreme fault with me bringing this matter public. In fact it's the lack of media attention that was given to this very public issue which was disconcerting, and showed obvious favoritism for the person who betrayed your trust. I was even targeted for legal retribution by friends & family of Mr. Whittington in the community, while his own brother -in -law; Dan Heidt failed to recuse himself as Chairman or the Board while participating in the investigation. All of these questionable actions certainly in my opinion buffered the outcome against his relative, and precluded prosecution of others realistically involved in the pilfering. The same board members now intend to vote me out of office, thus preventing me from continuing to representing you and protecting your interests. This measure would effectively prevent me from scrutinize other activities involving your tax dollars, as well as initiating audits into program funding and probable equipment bid fraud. Your knowledge of these matters is pivotal to you not being duped again! Your support would be appreciated if the need arises, as I'm sure that my less scrupulous counterparts will seek to replace me before the end of my term which expires in December 2013. Sincerely, Jonathan Sorrentino RECEIVED AND FILED PETITIONS NO 55 J. MAHIQUES, OWNER, USE 197 ALLEN -TO REESTABLISH A RESTURANT IN THE ALLENTOWN SPECIAL DISTRICT (HRG 4 /23)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 56 P. TSOUFLIDES, OWNER, USE 708 ELMWOOD TO ENCLOSE PORTION ALONG SIDE OF BUILDING FOR ADDITIONAL KITCHEN SPACE AND A COOLER (HRG 4 /23)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 A. KONDOLA, OWNER, USE 802 ELMWOOD FOR USE OF A RETAIL SPACE TO A RESTAURANT IN THE ELMWOOD AVENUE DISTRICT TO INCLUDE AN OUTDOOR CAFE (HRG 4 /23)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 58 APPOINT RECREATION INSTRUCTOR(PERM)(SNYDER)(PW) CCP# 31, 04/02 Mrs. Russell moved That Communication 31 of April 2, 2013, be received and Filed and that the Permanent appointment of Jennifer Snyder, 54 Coburg St, Buffalo, NY 14216 to the position of Recreation Instructor, at the Maximum salary of $ 38,280.00 is hereby approved PASSED AYES -9 NOES -0 NO. 59 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #51, 04/02 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 60 REPORT OF BIDS BROADWAY MARKET ARMED SECURITY(PW) CCP #61, 02/05 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 61 DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT WITH AUDIT FY ENDING 6/30/12(POL) CCP #61, 02/05 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMEN1 (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 62 REPORT OF SALE - 551 EAST NORTH (ELL)(STRAT PLAN) (ITEM NO. 11, C.C.P., APR. 2, 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. Brian Keith, on behalf of Town Garden Apartments, 161 Hickory Street, Buffalo, New York 14204, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 551 East North, 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. 63 REPORT OF SALE -79 KEYSTONE(LOV)(STRAT PLAN) (C.C.P. #75, APRIL 2)(CORN #7,3/19) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development. Adopted. NO. 64 REPORT OF SALE -206 WINSLOW(MAS)(STRAT PLAN) (C.C.P. #79, APRIL 2)(COM #14,3/19) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development. Adopted. NO. 65 D. FUNKE- SUPPORTS EXTENSION OF BUFFALO LIGHT RAIL (C.C.P #56, MAR 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 66 SUBMISSION OF MONTHLY REPORT - JANUARY 2013(CIT SERV) (C.C.P #2, FEB 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 67 REPORT OF SALE - 898 KENSINGTON (UNIV)(STRAT PLAN) (ITEM NO. 12, C.C.P., JAN. 22, 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. Norman M. Bennett, Attorney at Law for Mr. Jabr A. Abdulmajid, 1 Alma Avenue, Buffalo, New York 14215, in the amount of Two Thousand Eight Hundred Dollars ($2,800.00) for the purchase of 898 Kensington, be and hereby is accepted subject to deed restricting that the property can only be used for green space; 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. 68 EMPIRE STATE DEV- SEQR- CANALSIDE LAND USE IMPROVEMENT PROJECT (C.C.P #30, NOV 27) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 69 ERIE CANAL HARBOR DEV PROJECT - MODIFIED GENERAL PROJECT PLAN -PUB HRG (C.C.P #31, NOV 27) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 70 NYS ENV QUALITY REVIEW ACT - HARBOR CENTER PROJECT (C.C.P #32, NOV 27) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 71 SELECT HARBOR CENTER DEV, LLC AS PREFERRED DEVELOPER FOR WEBSTER BLOCK(MAYOR) (C.C.P #57, OCT 16)(C.C.P. #1, SEPT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 72 G. GIFFORD- LETTER TO FEDERAL TRANSIT ADMINISTRATION RE CARS SHARING MAIN ST (C.C.P #63, JULY 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 73 COMBINED SEWER OVERFLOW LONG TERM CONTROL PLAN- 2012(BSA) (C.C.P #32, MAY 15) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 74 L. FORTUNE - COMPLAINTS CARS PARKED ON PATHS AND GRASS AT MILK PARK (C.C.P #40, APR 17) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 75 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE (C.C.P #5, MAR 20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 76 M. KEARNS -M. TRITTO REQ MEETING BTWN BFLO CC COLLABORATIVE AND THE CC (C.C.P #36, SEPT 20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 77 J. PAJAK - OLMSTED PKS -PEACE BRIDGE PROJ MOA WITH FEDERAL HGWY ADMIN (C.C.P #47, OCT 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 78 S. GAWHK- EMPIRE STATE DEVE - GENERAL PROJ PLAN - CANALSIDE LAND USE IMPROV PROJ (C.C.P #34, DEC 28) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO.79 S. GAWLIK- EMPIRE STATE DEVE CORP FINDING STATEMENT- CANAL SIDE PROJ (C.C.P #59, MAY 25) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 80 H. MARTINEZ, AGENT, TO USE 1586 SOUTH PARK TO OPEN AN EXISTING RESTAURANT IN THE SOUTH PARK SPECIAL ZONING DISTRICT (SOUTH)(DPLS) (ITEM NO. 58, C.C.P, APR. 2, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation. That the Common Council hereby approves the application of H. Martinez, Agent of 1586 South Park Avenue, to open an existing take -out restaurant in the South Park Special Zoning District under new management. PASSED AYES 9, NOES 0 NO. 81 J. POPIELA, AGENT, TO USE 65 RIDGEWAY FOR A FREESTANDING SIGN (SOUTH) (DPIS) (ITEM NO. 59, C.C.P., APR. 2, 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- 8 -F(2) of the City Charter for sign sizes in R2 Districts, and Section 511- 12K(2) for signs not flat against the building, the application of J. Popiela, Agent, to place an illuminated ground sign to a church is hereby approved. PASSED AYES 9, NOE 0 NO. 82 J. BRANDON, OWNER, USE 1416 HERTEL A/K /A 1430 HEGEL FOR AN OUTDOOR CAFE IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 60, C.C.P., APR. 2, 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 application of J. Brandon, Owner, to place 17" by 11" outdoor cafe on the City right -of -way in front of an existing restaurant at 1416 Hertel a /k/a 1430 Hertel is hereby approved. PASSED AYES 9, NOES 0 NO. 83 J. POPIELA, AGENT, TO USE 1885 SOUTH PARK FOR A FREESTANDING SIGN (SOUTH) (DPIS) (ITEM NO. 61, C.C.P., APR. 2, 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 application of J. Popiela, Agent, to erect a changeable letter sign to a church /school is hereby approved. PASSED AYES 9, NOES 0 NO. 84 J. POPIELA, AGENT, TO USE 65 ABBOTT ROAD FOR A FREESTANDING SIGN (SOUTH) (DPIS) (ITEM NO. 62, C.C.P., APR. 2, 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 387 -19 of the City Charter, the application of J. Popiela, Agent, to erect a freestanding, changeable letter sign to a church /school at 65 Abbott Road is hereby approved. PASSED AYES 9, NOES 0 NO. 85 D. WILCOX, AGENT, TO USE 1618 MAIN STREET FOR A FREESTANDING SIGN (ELL) (DPIS) (ITEM NO. 63, C.C.P., APR. 2, 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 387 -19 of the City Charter, the application of D. Wilcox, Agent, to erect a ground sign to the front comer of a lot for a store located at 1618 Main Street is hereby approved. PASSED NO. 86 FOOD STORE LICENSE (NEW) - 1305 BROADWAY (FILL)(DPIS) (ITEM NO. 37, C.C.P., APR. 2, 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 Red Rays Inc., d /b /a Broadway Convenience /Mahmoud Jasem Mohammed located at 1305 Broadway 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 "on -hit" glass tubes, cigarette rolling papers PASSED W /COND AYES 9, NOES 0 NO. 87 FOOD STORE LICENSE (NEW) - 1545 BROADWAY (FILL)(DPIS) (ITEM NO. 38, C.C.P., APR. 2, 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. 88 FOOD STORE LICENSE (NEW) - 1431 KENSINGTON A/K /A 1455 KENSINGTON (UNIV)(DPIS) (ITEM NO. 40, C.C.P., APR. 2, 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 Ali Abdo Thabit Fadel d /b /a Levels Clothing and Footwear located at 1431 Kensington a /k/a 1455 Kensington with the following conditions. • No sale of lottery tickets • Only pre - packaged candy and snack items to be sold • Only bottled and canned beverage to be sold PASSED AYES 9, NOES NO. 89 FOOD STORE LICENSE (NEW) - 1727 SOUTH PARK (SOUTH)(DPIS) (ITEM NO. 43, C.C.P., APR. 2, 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. 90 ADVOCATING FOR A NO KILL POLICY FOR ANIMAL SHELTERS(GOLOMBEK) Res. 109, April 2, 2012 That the above item be, and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the 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 Animal Shelter, to allow for an ethical system of animal control that is both compassionate and economical. ADOPTED NO. 91 LL INTRO #1 —AMEND CHARTER WITH RESPECT TO COLLECTION OF OCCUPANCY TAXES (ITEM NO. 114, C.C.P., APR. 2 2013) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That Local Law Introductory Number 1, is hereby approved as filed for the April 16, 2013 meeting of the Common Council. PASSED AYES -9 NOES -0 NO. 92 SECURITY CAMERAS IN TAXI CABS (EXC RES)(SMITH) (C.C.P #148, MAR 19) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 93 REINSTITUTE A DELI TASK FORCE(EDPI) (C.C.P #21, NOV 27) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 94 M. LOCURTO- CONCERNS WITH FOOD STORE AT 1256 HERTEL AVE (C.C.P #47, NOV 13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 95 A. ALI, OWNER, USE 2162 SENECA ST TO EXPAND A RESTAURANT TO INCLUDE AN AUCTION HOUSE (SOUTH)(HRG 11/20) (C.C.P #57, Nov 13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 96 D. SMITH VARIOUS CORRESPONDENCES RE MAKESHIFT MEMORIALS (C.C.P #45, OCT 18) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 97 D. SMITH -P. FOYE -INFO RE FUNDING FOR FORECLOSURE PREVENTION SERVICES (C.C.P #46, OCT 18) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 98 CLARIFYING THE CITY'S FOOD STORE LICENSING, CLOSURE & APPEALS PROCESS (EXC RES)(RUSSELL) (C.C.P #73, OCT 16) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 99 FOOD STORE LICENSE (NEW) - 2883 BAILEY A/IDA 2887 BAILEY (UNIV)IDPIS) (ITEM NO. 37, C.C.P., MARCH 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 Mahmood M. Kassem d /b /a Right Price LLC located at 2883 Bailey a /k/a 2887 Bailey. PASSED AYES 9, NOES 0 NO. 100 FOOD STORE LICENSE (NEW) 3172 BAILEY (UNIV)(DEPIS) (ITEM NO. 36, C.C.P., DEC 26, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for denial; That the application for a Food Store License by Saleh M. Nagi d /b /a/ Buffalo Sunrise Express Market Inc. located at 3172 Bailey is hereby denied on the recommendation of the Department of Police and for the reason that past and recent criminal activity in the immediate vicinity, including several shootings, have been directly related to organized gage loitering at this location. DENIED NO. 101 FOOD STORE LICENSE (NEW) -2887 BAILEY (UNIV)(EDPI) (C.C.P #26, NOV 3) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 102 FOOD STORE LICENSE(NEW) -1256 HERTEL(DEL)(EDPI) (C.C.P #64, SEPT 4) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 103 FOOD STORE LICENSE (NEW) - 1096 KENSINGTON (MASTEN)(DPIS) (ITEM NO. 23, C.C.P., MARCH 6, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 104 FOOD STORE LICENSE (NEW) - 2330 SENECA (SOUTH)(DPIS) (ITEM NO. 35, C.C.P., JUNE 26, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Saleh Abdurahman Sailani and Abdalla A. Kassim Motharma d /b /a Cazenovia Mini Mart Inc. located at 2330 Seneca. PASSED AYES -9 NOES -0 NO. 105 RESTAURANT DANCE CLASS III- 391 ELLICOTT (ELL)(EDPI) (ITEM NO. 54, C.C.P., NOV. 27, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class III License to Lauren Lamendola d /b /a Eden Lounge & Night Club. PASSED AYES -9 NOES -0 NO. 106 SECOND HAND DEALER - 420 EAST DELAVAN (MASTEN)(DPIS) (ITEM NO. 75, C.C.P., NOV. 13, 2012) Mr. Pridgen moved That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Andrew Pellitieri d /b /a Buffalo Engine Components Inc., located at 420 East Delavan is hereby approved. PASSED AYES -9 NOES -0 NO. 107 D. SMITH - REQUEST LEGAL OPINION - PROPOSED DELI LICENSE AGMT Mr. Pridgen now moves that the above item be Received and Filed ADOPTED (C.C.P #35, MAR 8) NO. 108 REVISED FEMA DIGITAL FLOOD INSURANCE RATE MAPS & INS STUDY (EXCEPT RES) (C.C.P #65, MAR 2) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 109 FIGHT WITH FEMA PLAN -OLD FIRST WARD IN FLOOD PLAIN (EXCEPT RES) (C.C.P #66, MAR 2) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 110 BY: MR. FONTANA AND MR. SCANLON ORDINANCE AMENDMENT - CHAPTER 365 -2 ACCEPTANCE OF SCRAP REFRIGERATION UNITS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Chapter 365 of the Code of the City of Buffalo be amended by adding a new section 365 -2 thereto to read as follows: §365 -2. Acceptance of scrap refrigeration units. A. No person, firm or corporation holding a junk dealer, junkyard or scrap processor license under Chapter 254 of this code shall accept any refrigerator, freezing unit, chest freezer or air conditioning unit of any ype when the refrigerant lines of such have been cut, or the refrigerant is otherwise evacuated, unless the unit is accompanied with a cop? of the Environmental Protection Agency Refrigerant Recover? Acquisition Certification Form identifying the refrigeration machinery b? a serial number matching the unit received. B. Each acceptance of a refrigeration, freezing or air conditioning unit not in compliance with this section shall constitute a violation punishable b? a fine in the amount of $500. § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL By: Alan P. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 111 MR. FONTANA WAIVER OF FEES FOR FR. JOSEPH MORENO MEMORIAL WALK Whereas Father Joseph Moreno was a well -loved Priest of the St. Lawrence Parish on Buffalo's East Side, where he was widely known for his tireless efforts of community advocacy; and Whereas In 2012 the City lost a dear friend and strong supporter as Father Joe sadly passed away; and Whereas The Father Joe Moreno Memorial Foundation was created to honor Father Joe's legacy by continuing his life -long mission of serving the community he loved; and Whereas The Foundation's goals include providing support to needy families, those in poor health, local first responders, and eventually to open a community center to provide these services; and Whereas: On Saturday, June 22 n 2013 the Father Joe Memorial Foundation will hold the first annual Father Joe Moreno Memorial Walk in Delaware Park to raise money for the foundation and to serve the community. Now, Therefore, Be It Resolved: The Common Council hereby requests that the Office of Special Events waive any and all permit and application fees for the 2013 Father Joe Moreno Memorial Walk. Be It Further Resolved: A copy of this resolution shall be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. PASSED AYES -9 NOES -0 NO. 112 BY: MR. GOLOMBEK ORDINANCE AMENDMENT - CHAPTER 316 -55 MOBILE FOOD VENDORS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That subdivision A. of section 316 -55 of the Code of the City of Buffalo be amended to read as follows: §316 -55. License fee A. All vendors shall pay an initial application fee of 800 [$1,000], which fee shall include the first year's license fee. § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan p. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 113 BY MR. GOLOMBEK ORDINANCE AMENDMENT - CHAPTER 437 -6 TAXICAB & LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. Subdivision B(5) of section 437 -6 of the Code of the City of Buffalo is amended to read as follows: B. The Commissioner of Permit and Inspection Services shall cause the motor vehicle described in the application to be inspected and the taximeter attached thereto to be tested. If the motor vehicle is found to be clean and in proper condition for the safe transportation of passengers and the taximeter attached thereto, upon test, is found to register correctly, the Commissioner of Permit mad Inspection Services shall issue a license for such vehicle, and the taximeter attached thereto shall be sealed. The owner of any licensed taxicab or livery shall securely affix to such licensed taxicab or livery on the outside thereof at the rear of the vehicle, in a conspicuous place, a metal plate, showing the number assigned to such taxicab or livery. The licensing of such vehicle should be subject, however, to the following conditions: (5) (aLA taxicab or livery may have illuminated advertising billboards, placards or similar devices, no larger than 18 inches high by four feet six inches long, attached securely to the roof or trunk of the vehicle, not to exceed the length or width of such roof or trunk. The advertising displayed upon livery vehicles shall not include the words "taxi" or taxicab" or words of similar import. (b) Unless specifically prohibited by any rule or regulation of the New York State Vehicle and Traffic Law, advertising wheel hubcaps no larger than 17 inches in diameter, attached to the wheel hub, may be utilized for advertising purposes as limited herein. Such wheel hubcaps may be illuminated by a non - blinking light that is removable by the taxi driver. Such advertising may only be used for a trial period of forty -five (45) days from the ratification of this section. After such time, such advertising shall be prohibited in the absence of a further amendment to this section. §2. This ordinance amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. It is hereby certified pursuant to §3 -19 of the Buffalo City Charter that the immediate passage of the foregoing ordinance is necessary. BYRON W. BROWN, MAYOR APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL PASSED AYES -9 NOES -0 NO. 114 SPONSOR: COUNCILMEMBER LOCURTO RE: WAIVE PERMIT FEES FOR INDEPENDENT HEALTH KIDS RUN IN DELAWARE PARK Whereas, The independent Health Foundation will be holding its annual Kids Run in Delaware Park on Saturday June 1 st 2013 from 8am- 11:30am; and Whereas, The Kids Run is a fun and free family event that provides the opportunity for the community to come together to be active and celebrate healthy living in an effort to help reduce obesity in the children and families of Western New York; and Whereas The Independent Health Foundation is a 501(c)(3) not - for - profit that raises all the funds to implement this community wide event, and hopes to use this money to make the race special for the children by giving them medals and trophies that will remind them of their accomplishment and commitment; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this events mission and agree to waive the related permit and event fees associated with holding the Kids Run on Saturday June 1 sc, 2013; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events, PASSED AYES -9 NOES -0 NO. 115 SPONSOR: MICHAEL J. LOCURTO RE: WAIVING THE PERMIT FEES FOR YMCA'S FITNESS IN THE PARKS PROGRAM Whereas, the YMCA of Buffalo- Niagara will be organizing their second annual "Fitness in the Parks" Program in Delaware Park on Mondays and Wednesdays from June 17th through August 28th; and, Whereas, certified fitness instructors will provide free fitness classes, such as Zumba, Pilates, and Yoga at the Amherst - Colvin green space; and, Whereas, this program will allow a large number of people to participate in a healthy, active lifestyle, with over 4,000 residents participating last year; and Whereas, the classes provide an important service, especially to those residents who otherwise could not afford to participate in these often expensive classes; and, Now, Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park from June 17 through August 28th. Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. PASSED AYES -9 NOES -0 NO. 116 BY. MR. SCANLON TRANSFER OF FUNDS - EMPIRE STATE DEVELOPMENT GRANT 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 or Capital Projects $40,000 To 30089006 - 450000 Empire State Development Grant $40,000 PASSED AYES -9 NOES -0 NO. 117 BY: MR. SCANLON TRANSFER IN FUNDS - POLICE OTHER CONTRACTUAL SERVICES 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 17303002 - 423001 NYS ERS Pension $575,000 To 12005006 - 434000 Police Other Contractual Services $575,000 PASSED AYES -9 NOES -0 NO. 118 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Ronald Ruffino Cheryl A. Stephens TOTAL:2 ADOPTED NO. 119 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 23, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, April 23, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, April 23, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 23, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 120 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell the Council adjourned at 2:52 PM GERALD CHWALINSKI CITY CLERK