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HomeMy WebLinkAbout13-0709NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 912013 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 July 9, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Plan Bd -SEQR- Negative Declaration -AD Price Phase III(Various Address's) R &F 2. Plan Bd -SEQR- Negative Declaration -2090 Elmwood Ave(North) R &F 3. Plan Bd -SEQR- Negative Declaration -540 Genesee St(Ell) R &F 4. Plan Bd -SEQR- Negative Declaration -392 Kenmore Ave(Univ) R &F 5. Plan Bd -SEQR- Negative Declaration -441 Ohio St(Fill) R &F 6. Plan Bd -SEQR- Negative Declaration -1569 Niagara(Nia) R &F 7. Plan Bd -SEQR- Negative Declaration- 307 -309 Vulcan St(North) R &F 8. Strat Plan- Approval of Contract Empire State Dev Corp City -By -City Capital Grant Award $5,300,000 to Assist Statler City LLC APP 9. Strat Plan- Approval of Contract Empire State Dev Corp Restore III $320,000 to Assist PUSH in Acquisition and Rehab -99 Chenango, 562 W. Utica and 335 -339 Massachusetts APP 10. Strat Plan- Approval of LDA Btwn COB and E. Ferry DG, LLC APP 11. Strat Plan- Review and Adopt SEQR Applicability -663 East Ferry-LDA Btwn COB and 663 E. Ferry ADOPT 12. Strat Plan - Hertel Park II Housing Development Fund Corp /Hertel Park Senior Housing II, LLC PILOT APP 13. Strat Plan- Proposed Final Budgets -CDBG Yr 39- HOME- ESG -HOPWA APP 14. Strat Plan- Report of Sale -1767 Bailey(Lov) LEG 15. Strat Plan- Report of Sale -159 Sidway(Fill) APP 16. Strat Plan- Report of Sale -217 West(Ell) CD 17. Strat Plan Rescind Sale & Refund Purchase Price -766 East Amherst St to Westminister Foundation(Univ) APP 18. Strat -UEA- Greater Niagara Heritage Festival - Install Pole at 1168 Hertel APP COMPTROLLER 19. Capital Debt Service Fund Deposits- 2013 -14 FY R &F 20. Interfund Cash Loan -NYS Efficiency Grant APP COUNCIL PRESIDENT 21- 20A Info From Time Warner Re Higher Quality Digital LEG PUBLIC WORKS 22- 21. Change in Contract - Argyle Park Stone Entry Gates Restoration APP 23- 22. Change in Contract 60 Hedley PI- Reconstr Phase II ($194,540.11)(Masten) APP 24- 22A Change in Contract 60 Hedly PI- Reconst Phase II($177,339.00)(Masten) APP 25- 22B Correction of Permission to Engage Consulting Engr for Public Facilities Improv MLK Park Casino Shelter Bldg Rehab APP 26- 22C Correction of Permission to Engage Consulting Engr for Public Facilities Improv MLK Park Lighting Humboldt Rehab APP 27- 23. Facilitation of Bflo River Areas - Sediment Remediation & Habitat Restor Proj APP 28- 24. Permission to Hire Consultant - Kleinhans Music Hall Safety & Access Proj(Nia) APP 29- 25. Permission to Increase Contract Milherst Constr - LaSalle Pk Skateplaza(EII) APP 30- 26. Permission to Reduce Retention -Wtr Distribution Improv -North Ph II APP 31- 27. Permission to Reduce Retention -High Service Pumping Improv Col. Ward Fac APP 32- 28. Report of Bids - Broadway Market Prkg Garage Reconstr(Fill) APP 33- 29. Report of Bids City -Wide Mill & Overlay -2013 Phase II APP 34- 30. Report of Bids City -Wide Street Paving Contract A -CDBG Funded APP 35- 31. Report of Bids Marcy Casino - Structural Deck Reconsrt and Elevator(Del) APP 36- 32. Report of Bids Street Cut Reconstr -City Wide APP 37- 33. Appoint Filtration Plant Operator (Prov)(Inter)(Schweitzer) CS 38- 34. Appoint Meter Mechanic Supervisor I(Prov)(Inter)(McCabe) CS CORPORATION COUNSEL 39- 35. Approval of Contract - LaSalle Ambulance d /b /a Rural Metro Medical Sery FIN 40- 36. Approval of Contract - Personal Computers- Provision of Network Sery And Hardware Support for Police and Fire Dept APP 41- 37. Historical Society Bldg Electric Renov -2013 APP PERMITS AND INSPECTIONS 42- 38. Flea Market 145 Buffalo River(South) LEG 43- 39. Food Store(New) 3215 Bailey (aka 3217 Bailey)(Univ) LEG 44- 40. Food Store(New) 136 N. Division (Ell) LEG 45- 41. Food Store(New) 754 Sycamore(Fill) LEG 46- 42. Mobile Food Truck - Simone Fancher @The Cheesy Chick APP 47- 43. Mobile Food Truck- Serafim Vasiliadis @ Sammy the Greek APP 48- 44. Restaurant Dance License(Renewal) 2897 Bailey(Univ) APP 49- 45. Restaurant Dance License(Renewal) 936 Elmwood(Del) LEG 50- 46. Restaurant Dance License(Renewal) 1281 Hertel(Del) LEG 51- 47. Second Hand Dealer 654 Auburn (aka 648)(Del) LEG PARKING 52- 48. BCAR- Contract R &F COMMUNITY SERVICES 53- 49. Proposed Agmt With Workforce Corp to Administer Mayor's Summer Youth Employment Prog APP HUMAN RESOURCES 54- 50. Appoint Account Clerk Typist(Perm)(Inter)(Martinez) CS CITY CLERK 55- 51. Item Recalled From Mayor CCP #41, 6/25/13 -C. Scanlon -M. Kearns -Req Trailblazing Sign Margaret Nigrelli R &F 56- 52. Liquor License Applications R &F 57- 53. Leaves of Absence R &F 58- 54. Reports of Attendance R &F 59- 55. Appoint Asst Leg Aide II -City Clerk(Palmer,Chase) ADOPT 60- 56. Appoint Leg Assistant- (Lov)(Olejniczak) ADOPT 61- 57. Appoint Leg Aide- (Mas) (Marks) ADOPT 62- 58. Notices of Appointment - Seasonal R &F 63- 59. Appointments -Temp Prov /Perm CS MISCELLANEOUS Notices of Appointments- Temp /Prov /Perm(Cty Clk) 64- 60. EC 2012 Equalization Rates and 2012 -2013 Tax Rates R &F 65- 61. J. Golombek - Article Another Voice - Health Sciences Programs Belong on 7. No 47 Dec 26 C. Scanlon -D. Hughes -Req Presence at the Next Finance Medical Campus CD 66- 62. D. Pridgen- Concerns Closing Citizens Bank FIN 67- 63. J. Rozanski -North Buffalo Greenway Trail R &F 68- 64. D. Smith -BPS Comprehensive District Education Plan ED 69- 65. D. Smith -Draft Ordinance -COB Tax Foreclosure Reform FIN 70- 66. D. Smith -D. Kazmierczak -Usage of Buffalo Fire Dept. Equipment FIN PETITIONS 71- 67. M. Montanez, Owner, Use 1190 Lovejoy, Merchandise Store Selling Tobacco Lovejoy Special Zoning District(Lov)(hrg 07/16) LEG,CPBD 72- 68. F. Lazarus, Agent, Use 455 Ellicott -To Place a Projecting Sign Over City ROW 87- 14. No 124 In the Sign Overlay Special Dist(EII)(hrg 7/16) LEG,CPBD 73- 69. M. Ali, Owner, Use 3160 Main - Establish Sit -in Restaurant with Sidewalk 15. Res 88 May 14 Patio(Univ)(hrg 7/16) LEG,CPBD RESOLUTIONS 89- 70. Fontana Approve Designation of Individual whom Sec of St Must Mail Notices of Claim Filed Against COB APP 90- 70A. Fontana Bring Farming Back to the City with the Right to Farm Law LEG 91- 71. Fontana Excuse Councilmember LoCurto From Council Meeting 07/09/2013 ADOPT 92- 71A Franczyk,etc Waive Permit Fees -2013 Brewfest Event APP 93- 72. Golombek Call for the Construction of ECC's Proposed Health Sciences Facility ADOPT RES'S REM TO CD 94- 73. Golombek Extending the Public Comment Period for Scoping Phase of the Env Impact Statement for NY Gateway Connections Imp Project ADOPT 95- 74. Pridgen Waive Permit Fees for 44 Annual Grease Pole Festival APP 96- 75. Pridgen Waive Permit Fees for Festival Folklorico APP 97- 76. Rivera Waive Fees Use of Residential Area Parking Program Lot -182 Grant for Health Fair APP 98- 76A Rivera 1 Massachusetts Ave - Former Episcopal Home Property ADOPT 99- 76B Rivera Waive Permit Fees -Love Thy Neighbor Weekend to Remember APP 100- 76C Rivera Waive Permit Fees -US Marine Corps, Charlie Co 1/25 APP 101- 77. Russell Ordinance Amendment -Salary and Wage Schedule D -Fire APP 102- 77A Scanlon,etc Perm to Hang Banner on Abbott Rd to Promote Celtic Challenge APP 103- 78. Scanlon Trailblazing Sign Request for Margaret(Marge) Nigrelli APP 104- 79. Smith Waive Permit Fees - Ellicott Mall Reunion Community Day APP SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS ND /11WA:IT /1619 74- 1. Com 16 June 25 Appoint Special Assistant to the Commissioner (Exempt)(Heidinger)(PW) R &F 75- 2. Com 17 June 25 Appoint Truck Driver(Perm)(Inter)(Vance Jr)(PW) APP 76- 3. Com 18 June 25 Appoint Supervisor Street Sanitation I(Prov)(Max)(Mazur)(PW) APP 77- 4. Com 21 June 25 Appoint Chief(Prov)(Moran)(Pol) APP 78- 5. Com 31 June 25 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 79- 6. Com 32 June 25 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 80- 7. No 47 Dec 26 C. Scanlon -D. Hughes -Req Presence at the Next Finance Used Car Dealer 1225 Sycamore(Fill)(EDPI) Comm Meetinq COMMUNITY DEVELOPMENT 81- 8. Com 2 June 25 Approve LDA Btwn COB and PUSH - Redevelop 99 Chenango & 335 -339 Massachusetts(Nia)(Strat Plan)(Pub Hrg 7/9) APP 82- 9. Com 11 June 25 Handicap Ramp Within City ROW -1285 Main St(EII)(PW) APP 83- 10. Res 66 June 25 Approve LDA -99 Chenango and 335 -339 Massachusetts to PUSH(Rivera) APP LEGISLATION 84- 11. Com 24 June 25 Used Car Dealer 1225 Sycamore(Fill)(EDPI) APP 85- 12. Com 3 June 11 Denied Installation of New Awnings at 295 Main St(Fill) (Pres Bd)(pub hrg 7/2) RECOMMIT 86- 13. No 80 June 11 S. Hawramy, Owner, Use 1175 Hertel Ave to Alter Use and Structural Modifications of an Existing Rest. In the Hertel Ave Special Zoning Distr(Del)(hrg 6/18) RECOMMIT 87- 14. No 124 Mar 19 Food Store License Renewals(EDPI)( #16,1 /8)(exc app list) R &F 88- 15. Res 88 May 14 Ordinance Amend - Section 103 -38 General Method of Demolition (Fontana) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 9, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., Pridgen, Rivera, Russell, Scanlon, Smith— 8 Absent -- LoCurto -1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on June 25, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 8EQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION AD PRICE PHASE II The notice is issued pursuant to Part 617 of the implementing regulation 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title AD Price Phase III Location: Sea Attached Address's Type of Action: Unlisted - Coordinated Description: The City of Buffalo Municipal Housing Authority (BMHA) is proposing the construction of 50 family units located at the addresses attached to this Negative Declaration. The above referenced project is the third phase in the multi phased redevelopment undertaken by Norstar Development USA, L.P. and the BMHA to replace the demolished AD Price extension public housing units. Phase III will consist of 50 family units representing infill housing to maintain continuity of the neighborhood. These units will be built on vacant, underutilized lots on Jefferson Avenue, Madison, Spring, and Peckham Streets in the Ellicott district. The unit mix is designed to accommodate residents on the BMHA waiting list, approximately 3200 family households. AD Price Phase I consisting of 55 family units was completed in 2010. Phase II consisting of 94 senior units was completed in May 2011. The land on which AD Price III will be built is currently owned by the SMHA, the City of Buffalo, or the Buffalo Revitalization Corporation (BNRC). The City of buffalo common council designated the BMHA designated developer of the City owned lots and the project will purchase the lots from the city later this year at financial closing with the state of New York. A Phase I Environmental Assessment was completed for all the project sites in 2011 and 20t 2. A new Phase I and Phase H for a few of the site has begun and will be completed by mid -July. The New York State Office (SHPO) has reviewed the Project and issued a Letter of No Impact. Two public meetings were conducted to field comments and questions. The project is a fifty unit infill project on the City's East Side, on individual and assembled lots in an area bounded by Sycamore and William Streets and Spring and Adams Streets. One bedroom, two bedroom, three bedroom, four bedroom homes are provided in single family detached, semi - detached, stacked flat and townhouse configurations. Standard and handicapped accessible versions of each bedroom type are provided. The buildings massing, disposition, and setbacks are sympathetic to the existing neighborhood context and seek to be compatible neighbors while slightly elevating the architectural character and material palate of recent new construction in the area. Side yard aisles are introduced on the lots to access parking in the rear. In some conditions, a rear lane has been added to further facilitate rear loaded parking. Porches, patios, and exterior private spaces are also featured, All units will be fully handicapped accessible. The outside materials for the new units will consist of fiber cement board and also include well landscaped grounds. The project is expected to begin in January 2014 and be fully completed in July 2015. 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 clean up many vacant lots located in the city's Ellicott district and provide new, safe, affordable and handicap accessible housing for many families who are currently on the BMHA waiting list. The project will also create new employment opportunities during construction The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, end do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse Impact on the environment. For further information relative to this Negative Declaration) contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 2 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -2090 ELMWOOD This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Popeye's Louisiana Kitchen Restaurant Location 2090 Elmwood Ave Type of Action: uncoordinated - unlisted Description: APD Engineering Architecture PLLC on behalf of Popeye's Kitchen Restaurant is proposing the construction of a restaurant located at 2090 Elmwood Avenue Buffalo New York. The proposed restaurant will be approximately 2887 SF, 60 seats, with a drive thru window. It will be located on a vacant outparcel owned by Aldi along Elmwood Avenue. Existing curb cuts will be used for shared access with the adjacent plaza as well as provide four new parking spaces while sharing twenty spaces with the lot owned by Aldi. A meet was held with the local Good Neighbor Planning Group in April 2013 and May 2013. It was agreed —as a result of their meeting with Staff and the group to include a bike rack, Maintaining pedestrian access to the restaurant, adding landscaping along Elmwood Avenue frontage and maintain portions of the existing landscaped areas. It is expected that if approved construction would begin in August 2013 and be completed November 2013. A Phase I environmental review will be conducted on this site. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The project will allow for new employment opportunities to the nearby neighborhood community as well as providing a new restaurant opportunity to the many individuals and families that shop in the area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to he 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 -5985 RECEIVED AND FILED NO. 3 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -540 GENESEE ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mt. Aaron Missionary Baptists Church Location 549 Genesee Street Type of Action: uncoordinated - unlisted Description: Eco Logic on behalf Mt. Aaron Missionary Baptists Church is proposing the construction of a building addition and parking located at 540 Genesee Street Buffalo New York. The proposed project will provide for a larger Sanctuary space for Sunday school and church and community events. A new entrance vestibule will make the facilities universally accessible. The improvements will also include a new landscaped parking area for 25 vehicles including handicap accessible spaces, drainage and rain gardens /bio - retention swales to reduce storm water runoff. Building materials will include vinyl siding, asphalt roof, stone or precast sill and a brick veneer base. 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 new addition and parking will allow for the continued growth of the church congregation as well as provide much needed community apace to the surrounding neighborhood. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO.4 SEQR NON SIGNIFICANCE NEGATIVE DECLARATION -392 KENMORE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901; City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title CVS Pharmacy /Store Location 392 Kenmore Avenue Type of Action Unlisted /Coordinated Description: Zaremba Group is proposing on behalf of the owner Kenmore .Englewood Associates the construction of a new CVS Pharmacy /Store located at 392 Kenmore Avenue Buffalo New York. The purpose of this project is the construction of a new 12,295 sq. ft. pharmacy and associated parking end site improvements on a proposed 1.07 acre parcel to be split from the parent parcel. The property is located at the southwest corner of the intersection of Kenmore and Englewood Avenues. The project proposes raising a partially vacant commercial structure to construct the new facility. The project is located in a C1 zoning classification. All necessary site utilities are available at the site. Extensions Or modifications will be required for the gas, electric, and water and sewer services. The proposed construction will not significantly increase the demands on the current systems. Site improvements include the construction of two access drives, one onto Kenmore Avenue and the other onto Englewood Avenue in addition to cross access to neighboring properties. Due to a decrease in the impervious surfaces, a decrease in storm water runoff is expected through the development of this project. The project is currently served by the City of Buffalo's combination sewer system. As such, the project will comply with the latest requirements of the Buffalo Sewer Authority regarding storm water discharges. Based on an evaluation of the existing soils, infiltration of runoff is not anticipated on the project site. Storm water management, including treatment of water quality and the required peak attenuations, will be handled through the installation of an underground detention system. New landscaping, screening end fencing will be included as well as pedestrian and bike friendly amenities. 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 new building will provide employment opportunities to neighborhood residents as well as enhance a corner that has be devoid of landscaping and currently houses a late t950s early196Os plaza with some vacancies The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, end do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 SEQR- NEGATIVE DECLARATION441 OHIO ST 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 Action Title Freight House Landing Location 441 Ohio St Type of Action Uncoordinated - unlisted As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: 8avarino Companies on behalf of the owner, 441 Ohio Street LLC is proposing the construction of a mixed use facility located at 441 Ohio Street, buffalo New York. The project is being coordinated by a team of real estate investors and developers that include Savarino companies, FFZ Holdings, LLC both of which have had a number of successful adaptive reuse projects. Freight House Landing will be a mixed use facility providing office space and up to seventy eight market rate apartments along the Buffalo River and the future "Ohio Street Parkway ". The five story building will feature secured ground floor parking, a mix of 900 SF 1- bedroom units and 1,800 SF 2- bedroom units, high end amenities, passive green space on the water's edge, roof top gardens, floating docks for river access and secure personal storage for recreational water craft, I is expected that the project will begin in late 3013 and be completed in approximately 12 months. The project site is home to one of the former Erie Freight Houses. It has been neglected for many years and is in a state of major disrepair. As per the owner's comments, the building is not able to be saved due to significant damages, shifting and exposure to the elements, The project sponsor has reviewed options with the New York State Office of parks, Recreation and Historic preservation which has confirmed a partial reuse will not be eligible for Historic Tax Credits. In an effort to best reuse the existing building while accounting for the structural and economic realities of the building, the developers has engaged preservation specialist Kerry Treynor of KTA Preservation Specialties and Preservation Buffalo /Niagara (PBN) to assists with conducting research and recording the features and history of the property. Both parties will be participating in a deconstruction and offering recommendations for reuse of the building's elements to respect the property's history and allow for the reusable elements of the building to be repurposed. This project also allows for an opportunity to assist with the revitalization of the Buffalo River. The Buffalo Riverkeepers will be consulting on design to assist with picking Native Plantings respectful of the ecosystem and promoting and activating water use as part of the Blueway Trail The cooperative efforts have included the creation of a 25' setback from the river's edge, a living wall design, active water user and cooperation with Riverkeepers Habitat Restoration Program on a portion of the property. Work is also being coordinated with the Erie Canal Harbor Development Corporation to coordinate efforts on the site design end utilities placement in future plans for South Street and the neighboring DEC Park. In addition to working with local and state Preservationists, PBN, and the Riverkeepers, the development team has taken efforts to keep both local public officials and the public informed. A community meeting was held at the Old First Ward community Center to present the plans for the project and answer any questions that were raised. As per the developers, the meeting was positive and the attendees were supportive of the project. 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 win be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: This project will preserve elements of the existing freight for future generations, as well as assist with the development of the Buffalo River Improvements in this area. It will encourage the use of the river and assist with the ongoing, fast paced development of the First Ward 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, There are no actions related to the construction of this project which wilt have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 SEQR NON SIGNIFICANCE NEGATIVE DECLARATION -1669 NIAGARA ST 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 Auto Service Building Location: 1569 Niagara Street Type of Action: uncoordinated - unlisted Description: DRF Design Architecture on behalf Omar Siam is proposing the construction of a Auto Service building and parking located at 1569 Niagara Street Buffalo New York. Mr. Siam is proposing a one -stop auto service building set back 164' feet from Niagara Street, It will be a split faced concrete block building with a concrete floor and a rubber EPDM roof. The area in front of the building will be reserved for parking and will be screened and landscaped, it is expected that the owner will begin construction immediately upon receipt of the building permit and work is scheduled to be complete in approximately two months. 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 project will allow for the owner to operate an auto service facility as well as landscape and green an area that has been fallow for a long period of time. 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 RECEIVED AND FILED NO. 7 SEQR NOTICE OF DETERMINATION NEGATIVE DECLARATION 307 -309 VULCAN 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 Action Title Turkmaster Construction Location 307 -309 Vulcan Type of Action Unlisted- Uncoordinated As per the provisions of SEAR, the Lead Agency has reviewed the following action as relates to the environment: Description: Kevin McCarthy Consulting on behalf of Turkmaster Construction is proposing the construction of a vehicle storage building located at 307 -309 Vulcan Street, Buffalo New York. The existing building on located 324 Newfield Street will house the Turkmaster business Office. The proposed vehicle garage will house the firms trucks and equipment employed in their roofing business. Roofing and construction material storage will not take place on the site. The garage will pole type of structure with wood framing and OSB wall and roof sheathing. The exterior wails will be clad with cement composite clapboard and the roof asphalt shingles- And at grade concrete floor will be installed inside the building and tie into the existing asphalt paved parking lot. All utilities will be extended from the existing building on site. The overall building dimensions are 40'x120' (4800 Square Feet) with a 16' eve height and a 51/2 roof pitch. Eight overhead garage doors will face north parallel to Vulcan Street- Man door entrances will be located at each sidewall on the east and west facing sides- A fifteen foot setback separates the new proposed building and the neighboring residence. The setback along the Rosedale Street right of way will preserve the existing sight lines from the residence to the northwest. A low evergreen hedge will establish a border along the west facing building profile. Similar plantings will be placed adjacent to the existing entry aprons on both Rosedale and Vulcan Streets- The area is zoned commercial and this would be an appropriate use. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment- No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will allow for an established roofing business to move into a long vacant building and clean up a neglected site in the Riverside Neighborhood creating new landscaping as well as possible employment opportunities for the residents of the surrounding 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. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 APPROVAL OF CONTRACT WITH EMPIRE STATE DEVELOPMENT CORPORATION FOR A CITY -BY -CITY CAPITAL GRANT AWARD OF UP TO $5,300,000 TO ASSIST STATLER CITY LLC IN THE REDEVELOPMENT OF A VACANT HISTORIC STRUCTURE INTO A HOSPITALITY CENTER WITH OFFICE AND RETAIL SPACE. The City of Buffalo is requesting approval of a contract with the Empire State Development Corporation for up to $5.3 million in City -by -City funds. The City, as Contractor, will provide these funds to the Beneficiary, Statler City, LLC. The funds will be committed to exterior renovations at the formerly vacant historic structure known originally as the Statler Towers. The Beneficiary is redeveloping the structure into Statler City, a hospitality center, with office and retail space. The Beneficiary, Statler City, LLC, was formed in August, 2010, to acquire and redevelop the vacant former Statler Towers. Statler City, LLC acquired the building through a highly complex international bankruptcy proceeding. Only Statler City, LLC expressed a bonafide interest in the building. Without the action of Statler City, LLC, the City of Buffalo and /or other public entities more than likely would have become responsible for responding to the deteriorating building condition, at significant public expense. To date, Statler City, LLC has invested $6,324,000 in the Statler City Project and plans to invest another $6 Million, as part of the stabilization /restoration phase. The exterior improvements covered by this commitment of ESDC funds will allow for the leasing of additional space within the Statler, as concerns about public safety and appearance will be addressed. The Office of Strategic Planning is requesting that Your Honorable Body hereby: 1. Authorize the Mayor to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the Grant funds; 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 funds, including transfer of the funds to Statler City, LLC, upon such conditions as may be required by the Executive Director of the Office of Strategic Planning, as well as all related reporting with regard to MM/BE and workforce requirements, 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 July 3, 2013, be received and flied; and That the Common Council hereby approves a contract between the City of Buffalo and the Empire State Development Corporation for up to $5.3 million in City -by -City funds to assist Statler City, LLC in exterior renovations; and that the Mayor is hereby authorized to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funds; and That the Common Council authorizes other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant funds, including transfer of the funds to Statler City, LLC, upon such conditions as may be required by the Executive Director of the Office of Strategic Planning, as well as all related reporting with regard to MM/BE and workforce requirements, monitoring, and follow -up functions associated with the grant. PASSED AYES -8 NOES -0 NO. 9 APPROVAL OF CONTRACT WITH EMPIRE STATE DEVELOPMENT CORPORATION FOR A RESTORE III GRANT AWARD OF UP TO $320,000 TO ASSIST PEOPLE UNITED FOR SUSTAINABLE HOUSING (PUSH) IN THE ACQUISITION AND REHABILITATION OF TWO PROPERTIES AND THE CONSTRUCTION OF A NEW RESIDENCE AT A THIRD SITE. 4/2/2013; ITEM NO. 6 The City of Buffalo, through the joint efforts of (and application materials submitted by) OSP /BURA personnel, has obtained grant funding commitments from the Empire State Development Corporation for 14.32 million of Restore III awards, including $320,000 to assist People United for Sustainable Housing (PUSH) in the acquisition, rehabilitation and /or reconstruction of three properties. In support of this Project, the City of Buffalo Division of Real Estate submitted to this Honorable Body separately a request to sell the properties at 99 Chenango and 335 -339 Massachusetts to PUSH. The City also committed $332,817 in HOME funds to the Project. The objectives for each Project location include: 99 Chenango -This 1,345- square -foot site will be rehabilitated into a single - family residence; 562 West Utica -This 2,300 square -foot site will be rehabilitated into a two - family residence; 335 -339 Massachusetts -At these sites, a new 2,651- square -foot two - family residence will be constructed. The original intent was to renovate the vacant structures located at 335 and 339 Massachusetts; however, the two adjacent properties were destroyed by arson in September, 2010. PUSH will now construct one two - family duplex -style structure on a combined lot, as current zoning laws prohibit the construction of two new structures on the small lot sites. 335 -339 Massachusetts and 99 Chenango will be offered to families with incomes at or below 60% of the Area Median Income; 562 West Utica will be offered to families with incomes at or below 50% of the Area Median Income. Rents will range from $500 -$625 /month. Applicants will be selected by a lottery system. PUSH recently marketed eleven similar units along Massachusetts and received over 100 applications. The Office of Strategic Planning is requesting that Your Honorable Body hereby: 1. Authorize the Mayor to execute the necessary grant funding agreements and related documentation as shall be required useful in facilitating the City of Buffalo's receipt and utilization of the Grant funds; 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 funds, 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 July 3, 2013, be received and filed; That the Common Council hereby approves a contract between the City of Buffalo and the Empire State Development Corporation for $14.32 million of Restore III awards to assist People United for Sustainable Housing (PUSH) in the acquisition, rehabilitation and /or reconstruction of three (3) properties; and That the Common Council hereby authorizes the Mayor to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the Grant funds; and 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 grant funds, as well as all related reporting, monitoring and follow -up functions associated with the grant. PASSED AYES -8 NOES -0 NO. 10 APPROVE LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO AND 663 E. FERRY DG, LLC MASTEN DISTRICT ITEM NO. 7, C.C.P. 4/2/13 The City has agreed to sell and 663 E. Ferry DG, LLC ( "Developer ") has agreed to purchase 663 East Ferry (the "Property "). The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ( "LDA "); Developer intends to develop the property into an approximately 9,100 square feet Dollar General store (or similar type retail establishment) hereinafter referred to as the "Project ". Your Honorable Body approved the designation pursuant to Item No. 7, C.C.P. 4/2/13 of True Community Development Corporation (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) as the designated developer. This office has been informed that the Developer for this project will be 663 E. Ferry DG, LLC and the attached Land Disposition Agreement (LDA) reflects said name as Developer (subject to Developer's right to designate a different corporation, partnership or other legal entity as developer). The Developer commissioned Gregory Klauk, Appraiser and he has estimated the fair market value of the subject property to be One Hundred Twenty Thousand Dollars ($120,000). The appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the Appraiser's estimate of value of One Hundred Twenty Thousand Dollars ($120,000). 1 am recommending that Your Honorable Body approve the attached proposed Land Disposition Agreement between the City of Buffalo and 663 E. Ferry DG, LLC (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) in the amount of One Hundred Twenty Thousand Dollars ($120,000) provided the following conditions are satisfied: 1. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. 2. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA "). 3. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. 4. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 5. Payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. 6. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event 7. Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Property. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Property. 8. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. 9. The Developer, or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 10.The LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easements rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. 11. Upon signing of the LDA there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. The Purchase Price being One Hundred Twenty Thousand Dollars ($120,000) of which ten percent (10 %) is Twelve Thousand Dollars ($12,000). 12. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them 13. The designation will expire twelve (12) months from the date the Common Council approves the designation. 14.The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 15. The terms and conditions of the final Land Disposition Agreement shall be substantially similar to those outlined in the attached LDA. The final draft of the LDA shall be negotiated to finalization and subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. I am further recommending that Your Honorable Body: Authorize the Mayor to execute the LDA (and all related closing documents including but not limited to the deed) on behalf of the City with 663 E. Ferry DG, LLC (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) for the property located at 663 East Ferry in the amount of One Hundred Twenty Thousand Dollars ($120,000). Said LDA shall be in form and substance similar to the form of LDA attached hereto; 2. Authorize pertinent City personnel to take all such steps and actions and to execute and or process the necessary documents, agreements, deed and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA; and 3. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives (including the deed and other documents necessary for the transfer title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 3, 2013, be received and filed; and That the Common Council hereby approves the Land Disposition Agreement ( "LDA ") between the City of Buffalo and 663 E. Ferry DG, LLC (the "Developer ") (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) in the amount of One Hundred Twenty Thousand Dollars ($120,000.00) to develop the property located at 663 East Ferry, provided the following conditions are satisfied: 1. That the Developer submits a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City of Buffalo. Said plans shall also be in accordance with the Zoning Ordinance of the City of Buffalo. 2. That the Developer submits a colored rendering of the project suitable for presentation to the Common Council which shall be submitted by the Developer to the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA'). 3. That the Developer submits monthly progress reports to the Office of Real Estate by the fifth (5 th) of each month, beginning in the month following this designation. 4. That the Developer submits to the Office of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the project, which shall be submitted prior to closing. 5. That the Developer submits payment of a designation fee of Five Hundred Dollars ($500.00) per month ( "Designation Fee ") to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 sc) day of every month. 6. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the property pursuant to the LDA to be negotiated by the Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event the Developer shall not proceed with the acquisition of the property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the, property. 7. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every contractor hired by the Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the property for the Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the property. 8. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves this designation. That the Developer, and /or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 10. The LDA will require that the Developer, or an entity to be designated, to provide, if necessary, the City of Buffalo with easement rights and access arrangements satisfactory to the City (City's Division of Real Estate, Department of Public Works, Parks & Streets and the Corporation Counsel) in their sole discretion. 11. Upon signing of the LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon purchase price. The purchase price being One Hundred Twenty Thousand Dollars ($120,000.00) of which ten percent (10 %) is Twelve Thousand Dollars ($12,000.00) 12. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. 13. The designation will expire twelve (12) months from the date the Common Council approves the designation. 14. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 15. The terms and conditions of the final LDA shall be substantially similar to those outlined in the attached LDA. The final draft of the LDA shall be negotiated to finalization and subject to any and all other terms and conditions that the City of Buffalo's Corporation Counsel's Office deems necessary. The Common Council hereby authorizes the Mayor to execute the LDA (and all related closing documents, including, but not limited to, the deed) on behalf of the City with 663 E. Ferry DG, LLC (and /or a corporation, partnership or other legal entity to be designated by the Developer and acceptable to the Executive Director of the Office of Strategic Planning) for the property located at 663 East Ferry in the amount of One Hundred Twenty Thousand Dollars ($120,000.00); said LDA shall be in form and substance similar to the form of LDA attached hereto; that the Common Council hereby authorizes pertinent City personnel to take all such steps and actions, and to execute and /or process the necessary documents, agreements, deed and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the LDA; and the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives, including the deed and other documents necessary for the transfer of title. Mr. Pridgen is hereby recused from voting PASSED AYES -7 NOES -0 NO. 11 REVIEW AND ADOPT INITIAL REVIEW OF SEQR APPLICABILITY. FOR PROPOSED DEVELOPMENT OF 663 EAST FERRY IN CONJUNCTION WITH LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO AND 663 E. FERRY DG, LLC MASTEN DISTRICT PRIOR COUNCIL REFERENCE: ITEM NO. 7, C.C.P. 4/2/13 The Office of Strategic Planning, Division of Real Estate, has under a separate item filed a communication with Your Honorable Body to approve the LDA between the City of Buffalo and 663 E. Ferry DG, LLC (Developer). The Developer is proposing to construct a Dollar General Store. In accordance with State Environmental Quality Review (SEAR), of the State Environmental Conservation Law, we have prepared for the Common Council, as lead agency, a Negative Declaration Notice of Determination of Non - Significance which is attached. Also, attached is the completed short environmental assessment form, which was prepared by the project sponsor and internal review of SEQR applicability prepared by the Office of Strategic Planning, Division of Real Estate, on behalf of the Common Council as the Lead Agency. As a result of the initial project review, it has been determined that the proposed project will not have a significant adverse impact upon the environment and as a result a negative declaration has been determined. The SEQR status was determined as an Unlisted - Uncoordinated type of action. I am recommending that Your Honorable Body review and adopt the Initial Review of SEQR Applicability. Mr. Smith moved That the Common Council does hereby adopt the Negative Declaration Notice of Determination of Non - significance for the Dollar General Store for the construction of a building on the property located at 663 East Ferry, Buffalo, New York, in accordance with the State Environmental Conservation Law. Mr. Pridgen is hereby recused from voting ADOPTED AYES -7 NOES -0 NO. 12 HERTEL PARK II HOUSING DEVELOPMENT FUND CORP. / HERTEL PARK SENIOR HOUSING II, LLC PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Hertel Park II Housing Development Fund Corp. and Hertel Park Senior Housing II, LLC. This Project is being developed by Hertel Park Senior Housing II, LLC, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 1631 Hertel Avenue. The project will consist of a total of one hundred thirty eight(138) apartments, with one hundred twenty six (126) one bedroom units and twelve (12) two bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 100,800 square foot multi -story building structure together with parking areas containing 50 parking spaces. There will also be an elevator and laundry facilities on site. The Project will preserve this building and maintain one hundred thirty eight (138) units of much needed affordable housing for low income households. It will help meet the priority need for housing for elderly residents with incomes below 60% of the area median income The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated July 3, 2013, be received and filed; and That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie, Hertel Park II Housing Development Fund Corp. and Hertel Park Senior Housing II, LLC. The project being proposed by the Hertel Park Senior Housing II, LLC is to undertake the rehabilitation of a residential housing complex located at 1631 Hertel Avenue. The project will consist of a total of one hundred thirty -eight (138) apartments, with one hundred twenty -six (126) one - bedroom units and twelve (12) two - bedroom units. The building is an approximately 100,800 square foot multi -story building structure, together with parking areas containing fifty (50) parking spaces. There will be an elevator and laundry facilities onsite. All of the units will be affordable for households with incomes below 60% of the area median income. The project will preserve the building and maintain one hundred thirty -eight (138) units of much needed affordable housing for low income households. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income, assuming a 5% vacancy. Payments will increase by 3% per year for the duration for the 15 year PILOT. PASSED AYES -8 NOES -0 NO. 13 PROPOSED FINAL BUDGETS FOR THE YEAR 39 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), EMERGENCY SOLUTIONS GRANT {ESG), AND HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS ( HOPWA) The City of Buffalo recently received notification regarding the City's Year 39 allocations for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for People with AIDS ( HOPWA). Based upon initial conversations with the U.S. Department of Housing and Urban Development (HUD), the City budgeted for a 15% cut in all programs as compared with the Year 38 budget. This estimate was made in consultation with HUD during the height of the sequester debate. As the table below shows, the final allocations vary greatly per program with the CDBG allocation actually being increased over last year and the ESG program receiving a cut greater than 15 %. Program Yr 38 Allocation Yr 39 Projected Yr 39 Actual Yr 39 Projected Allocation Allocation v. Actual CDBG $13,319,409 $11,321,498 $13,423,963 $2,102,465 HOME $2,768,683 $2,356,896 $2,627,890 $270,994 ESG $1,259,191 $1,070,312 $971,690 ($98,622) HOPWA $550,703 $468,098 $524,721 $56,623 The Mayor's Office of Strategic Planning has allocated the funding increases and decreases among the lines of the proposed Year 39 budget previously submitted to this Honorable Body on February 14, 2013. The City is limited in its flexibility to adjust the previously submitted budget. Per HUD guidance, new budge lines cannot be created and existing lines cannot be changed more than 25% without beginning a new Annual Action Plan process for all budget lines. A new Annual Action Plan process would significantly delay the expenditure of these funds and jeopardize the grant funding. The budgets of public service agencies were increased proportionately with Year 38 commitment to the maximum - allowed within HUD's Cap. The increased commitment to streets and sidewalks will be committed to doing additional work along streets already identified in the Year 39 Annual Action Plan. The increase in the budget line for the Buffalo Building Reuse Project will not be committed to the Tishman Building, but rather be reserved for future Buffalo Building Reuse Project program commitments. Public service agency contracts can be approved as part of this Council item based upon the amounts committed to identified agencies in the attachment. The remainder of the budgeted items will follow the standard City contracting process or be expended pursuant to the authority granted in the subrecipient agreements currently in effect between the Buffalo Urban Renewal Agency and the City of Buffalo. The Mayor's Office of Strategic Planning respectfully requests that Your Honorable Body: approve the proposed Year 39 Annual Action Plan budget attached hereto; and authorize the Mayor's Office of Strategic Planning to execute agreements and related documentation with the public service agencies identified in lines 5 -17, 20 -22, and 26 -72 of the budget attached hereto for the corresponding amounts so that those agencies may carry out programs consistent with the rules and regulations of the CDBG, ESG, and HOPWA programs and the Year 39 Annual Action Plan. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated July 1, 2013, be received and filed; and That the Common Council hereby approves the proposed Year 39 Annual Action Plan allocations for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for People with AIDA ( HOPWA) which was previously submitted to the Common Council on July 1, 2013; and hereby authorizes the Mayor's Office of Strategic Planning to execute agreements and related documentation with the public service agencies identified in lines 5 -17, 20 -22 and 26 -72 of the budget attached hereto for the corresponding amounts so that those agencies may carry out programs consistent with the rule and regulations of the CDBG, ESG, and HOPWA programs and the Year 39 Annual Action Plan. PASSED AYES -8 NOES -0 NO. 14 REPORT OF SALE 1767 BAILEY, 70' S SCHEU PARK LOT SIZE: 36'X 115' ASSESSED VALUATION: $4,000. (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. April Waters, 148 Dartmouth Avenue, Buffalo, New York 14214 to purchase 1767 Bailey Avenue. Ms. Waters is in the process of closing on the sale of a one family house at 1769 Bailey from the City, which is adjacent to 1767 Bailey. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy Five Cents ($75) per square foot. Ms. Aprils has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200.), Fifty Five Cents ($.55) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1767 Bailey Avenue to Ms. April Waters for the amount of Two Thousand Two Hundred Dollars ($2,200). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 15 REPORT OF SALE 159 SIDWAY, 135' S SOUTH PARK LOT SIZE: 26'X 84' ASSESSED VALUATION: $1,100. (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Travis Melnik, 161 Sidway Street, Buffalo, New York 14210 to purchase 159 Sidway Street. Mr. Melnik owns and resides at 161 Sidway, which is adjacent to 159 Sidway. He intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Eight Cents ($.38) to Fifty Eight Cents ($.58) per square foot. Mr. Melnik has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100.), Fifty Two Cents ($.52) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 159 Sidway Street to Mr. Travis Melnik for the amount of One Thousand One Hundred Dollars ($1,100). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated June 28, 2013, be received and filed; That the offer from Mr. Travis Melnik, 161 Sidway Street, Buffalo, New York 14210, in the amount of One Thousand One Hundred Dollars ($1,100.00) for the purchase of 159 Sidway Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -8 NOES -0 NO. 16 REPORT OF SAFE 217 WEST, 110' NW HUDSON LOT SIZE: 30'X 118' ASSESSED VALUATION: $5,000. (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carlos J. Villarroel, 18 Plymouth Avenue, Buffalo, New York 14201 to purchase 217 West Avenue. Mr. Villarroel owns and resides at 18 Plymouth, and owns a two family at 20 Plymouth, which are adjacent to 217 West Avenue. He intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar and Forty Six Center ($1.46) per square foot. Mr. Villarroel has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500.), Ninety Eight Cents ($.98) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 217 West Avenue to Mr. Carlos J. Villarroel for the amount of Three Thousand Five Hundred Dollars ($3,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 RESCIND SALE & REFUND PURCHASE PRICE 766 EAST AMHERST STREET TO WESTMINSTER FOUNDATION (UNIVERSITY DISTRICT) ITEM # 7, C.C.P. FEBRUARY 13, 2013 In the above referenced item Your Honorable Body approved the sale of 766 East Amherst Street to Westminster Foundation located at 465 Main Street, Suite 510, Buffalo, New York 14203. After Common Council approval of the sale, pursuant to section 4 (d) of the sales contract, Westminster Foundation conducted its due diligence inspection and determined the property is unsatisfactory for the purchaser's purposes. The purchaser is exercising their right to terminate the contract. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 766 East Amherst Street to Westminster Foundation, return the purchase price of Three Thousand Five Hundred ($3,500) and return the property to our inventory for future sale. Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, Division of Real Estate, dated June 25, 2013, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 766 East Amherst Street to Westminster Foundation, return the purchase price of Three Thousand Five Hundred Dollars ($3,500.00), and return the property to inventor for future sale. PASSED AYES -8 NOES -0 NO. 18 UTILITY EASEMENT AGREEMENT GREATER NIAGARA HERITAGE FESTIVAL /NIAGARA MOHAWK/ IN ODER TO INSTALL A POLE AT 1168 HERTEL (CITY OWNED PARKING) TO SUPPLY ELECTRICITY TO THE EXPANDED FESTIVAL DELAWARE DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the National Grid and the Greater Niagara Heritage Festival requesting an easement between the City of Buffalo and Niagara Mohawk in order to install a pole and new overhead wires in the city owned parking lot located at 1168 Hertel. The easement is being requested so that electricity to the expanded Festival. Attached is the proposed easement, diagram of the area along with a Utility Rider. This office has contacted the Corporation Counsel's Office, Land Use Planning Committee and the Department of Public Works and they have no objections to this easement. The Corporation Counsel's Office has approved the easement agreement as to form. I am recommending that Your Honorable Body approve the attached easement agreement and authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated July 3, 2013, be received and filed; and That the Director of Real Estate be, and she hereby is authorized to enter into an easement agreement between the City of Buffalo, Niagara Mohawk and the Greater Niagara Italian Heritage Festival for use of a city -owned parking lot at 1168 Hertei Avenue in order to install a pole and new overhead wires; and that the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES -8 NOES -0 FROM THE COMPTROLLER NO. 19 CAPITAL DATA SERVICE FUND DEPOSITS - 2013 -14 FISCAL YEAR Certificate Number 1 - 13/14 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period commencing July 1, 2013 and ending June 30, 2014 I, Mark J.F. Schroeder, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City," duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2013 and ending June 30, 2014 is $49,347,095.19. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2013 through and including November 30, 2013 ), is $22,563,177.77. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2013 through and including June 30, 2014), is $26,783,917.42. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2013 and ending December 31, 2013 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $1,479,286.98 Aug 1, 2013 M &T Trust Buffalo, New York Serial Bond $2,109,044.50 Aug 15, 2013 M &T Trust Buffalo, New York Serial Bond 1,774,35.13 Oct 1, 2013 M &T Trust Buffalo, New York Serial Bond 3,500.00 Oct 1, 2013 M &T Trust Buffalo, New York Serial Bond 7,607,761.89 Nov 15, 2013 M &T Trust Buffalo, New York Serial Bond 9,589,231.25 Nov 29, 2013 M &T Trust Buffalo, New York 5. The aggregate amount to be deposited with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2013 is $20,195,960.12. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2014, and ending June 30, 2014, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $12,199,192.77 Jan 15, 2014 M &T Trust, Buffalo, New York Serial Bond 5,276,591.51 Jan 31, 2014 M &T Trust, Buffalo, New York Serial Bond 8,154,353.13 April 01, 2014 M &T Trust, Buffalo, New York Serial Bond 128,500.00 April 1, 2014 M &T Trust, Buffalo, New York Serial Bond 587,723.76 May 15, 2014 M &T Trust, Buffalo, New York Serial Bond 487,556.25 May 30, 2014 M &T Trust, Buffalo, New York 7. The aggregate amount to be deposited with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2013 is $21,772,451.88 Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Debt Service Fund upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively, at which time the total amount collected will transferred to the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York. 9. 1 have this day delivered a copy of Certificate Number 1 -13/14 to the Director of Treasury and to M &T Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 26 Day of June, 2013. RECEIVED AND FILED NO. 20 INTERFUND CASH LOAN 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 additional interfund cash loan to be made in the maximum amount of $600,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM:1000- General Fund TO: 2449- Efficiency Incentives FY 2009 GRANT TITLE: New York State Efficiency Grant GRANT AGENCY:New York State Department of State GRANT AMOUNT:$10,100,000.00 OUTSTANDING LOAN: $1,000,000.00- Efficiency Incentives ADDITIONAL OUTSTANDING: $100,000.00- Buffalo Green Code ADDITIONAL REQUIRED: $600,000.00- Efficiency Incentives MAXIMUM LOAN AMOUNT: $1,700,000.00 Estimated Date of Repayment: December31, 2013 Signature of Department Head Requesting Interfund Cash Loan Donna Estrich, Commissioner of Admin., Finance, Policy & Urban Affairs Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated June 17, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $600,000.00 for the New York State Efficiency Grant - City Land Use and Zone Initiative (Efficiency Incentives). The loan is payable at the date of reimbursement. PASSED AYES -8 NOES -0 FROM THE PRESIDENT OF THE COUNCIL NO. 21 INFO FROM TIME WARNER CABLE RE HIGHER QUALITY DIGITAL June 21, 2013 Dear Valued Customer, Time Warner Cable is moving towards a higher - quality, digital only experience to provide better picture and sound, more H D channels, and more robust Internet speeds. Delivering channels in digital format is one way we continue to improve the quality of our service. Starting on or about July 23, 2013. local Public, Educational and Government access programming will be delivered in digital format only. These channels will remain in you r existing package, however they will only be viewable with digital equipment, such as a TWC- supplied digital set top box, Digital Adapter or CableCard . If you want to view these channels on a TV without digital equipment, you may request Digital Adapters and remotecontrotsfreeofchargethroughSeptember23 ,2013. Beginning Januaryl.2015each Digital Adapter will cost 99 cents a month. It's easy for you to order Digital Adapters. Order online at twc.com /digitaladapter or call 1- 855 - 286 -1736 to speak to a Customer Care Representative. If you have a TV with a built -in digital cable tuner (QAM or ClearQAM), please note that you will continue to be able to view this programming without additional equipment on the following channels1: Public Access 21 -3 Educational Access 21 -4 Government Access 21 -5 We're committed to bringing you the high - quality entertainment and communications services you deserve. We appreciate your business and thank you for choosing Time Warner Cable. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 22 CHANGE IN CONTRACT ARGYLE PARK STONE ENTRY GATES RESTORATION JOB #1280 1 hereby submit to Your Honorable Body the following change for Argyle Park, Stone Entry Gates Restoration, Highland Masonry, C #93001057. 1. Furnish and install an additional replacement of 30 stones from two stone walls due to unforeseen damage. The foregoing change results in a net increase in the contract of Nine Thousand Seven Hundred and 00/100 Dollars ($9,700.00). are available in 33321206 445100 - Buildings. Summary Original Contract Amount $14,250.00 Amount of this Change Order $ 9,700.00 Revised Contract Amount $23,950.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work 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 June 27, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $9,700.00 (Original Contract Amount $14,250.00 + Change Order #1 $9,700.00 for a Revised Contract Amount of $23,950.00) for Stone Entry Gates Restoration at Argyle Park, to Highland Masonry, C #93001057. Funds for this project are available in Account #33321206 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 23 CHANGE IN CONTRACT 60 HEDLEY PLACE RECONSTRUCTION - PHASE II JOB #11103 MASTEN DISTRICT I hereby submit to your Honorable Body the following changes for 60 Hedley Place, Reconstruction, Phase II Ackerman Plumbing Inc, REFERRED TO THE COMMITTEE ON CIVIL SERVICE #93000906 1. Furnish and install combination sewer connection in street Add $10,266.71 2. Water service installation Add $15,992.40 The foregoing changes result in a net increase in the contract of Twenty Six Thousand Two Hundred Fifty Nine and 11/100 Dollars($26,259.11) Summary Original Contract Amount $168,281.00 Amount of this Change Order $ 26,259.11 Revised Contract Amount $194,540.11 Costs have been reviewed by the consulting architect(HHL Architects) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 34323506 445100 - Buildings 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 July 1, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $26,259.11 (Original Contract Amount $i68,281.00 + Change Order #1 $26,259.11 for a Revised Contract Amount of $194,540.11) for 60 Hedley Place, Reconstruction, Phase 11, to Ackermann Plumbing, Inc., C #93000906. Funds for this project are available in Account #34323506 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 24 CHANGE IN CONTRACT 60 HEDLEY PLACE RECONSTRUCTION - PHASE II JOB #11103 MASTEN DISTRICT I herby submit to Your Honorable Body the following changes for 60 Hedley Place, Reconstruction, Phase 11, Greater Niagara Mechanical Inc C# 93000936 1. Temporary heating costs due to extended construction schedule Add $1,301.00 2. HVAC storage costs due to extended construction schedule Add $ 713.00 3. Furnish and Install exhaust duct insulation extension to completely cover attic ductwork Add $1,691.00 3. Furnish and install boiler concrete pad to allow space for condensate trap Add $1,334.00 The foregoing changes result in a net increase of the contract of Five Thousand Thirty Nine and 00/100 Dollars($5,039.00) Summary Original Contract Amount $172,300.00 Amount of Change Order( #1) $ 5,039.00 Revised Contract Amount $177,339.00 Costs have been reviewed by the consulting architect(HHL Architects) and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 34323506 445100 - Buildings 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 July 1, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $5,039.00 (Original Contract Amount $172,300.00 + Change Order #1 $5,039.00 for a Revised Contract Amount of $177,339.00) for 60 Hedley Place, Reconstruction, Phase 11, to Greater Niagara Mechanical, Inc., C #93000936. Funds for this project are available in Account #34323506 445100 — Buildings. PASSED AYES -8 NOES -0 NO. 26 CORRECTION OF PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER & ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS MLK PARK CASINO SHELTER BUILDING REHABILITATION ITEM NO.29, C.C.P. 6/11/13 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Facilities Improvements MLK Park Casino Shelter Building Rehabilitation CDBG YR38, Local ID No. 16202. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $74,000.00. The funds are available in Capital account36329906- 445100 to contract for consulting Engineer for the Public Facilities Improvements MLK Park Casino Shelter Building Rehabilitation. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 hire a consultant to provide design, bid, construction and inspection phase services for the Public Facilities Improvements, MLK Park Casino Shelter Building Rehabilitation CDBG YR 38, Local ID No. 16202. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account #36329906- 445100. PASSED AYES -8 NOES -0 NO. 26 CORRECTION OF PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER & ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS MLK PARK LIGHTING HUMBOLDT REHABILITATION ITEM NO.30, C.C.P. 6/11/13 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Facilities Improvements MLK Park Lighting Humboldt Rehabilitation CDEG YR38, Local ID No. 16203. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $18,000.00. The funds are available in Capital account #36329906- 445100 to contract for consulting Engineer for the Public Facilities Improvements MLK Park Lighting Humboldt. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 hire a consultant to provide design, bid, construction and inspection phase services for the Public Facilities Improvements, MLK Park Lighting Rehabilitation CDBG YR 38, Local ID No. 16203. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account #36329906- 445100 for consulting engineer for the Public Facilities Improvements, MLK Park Lighting Humboldt. PASSED AYES -8 NOES -0 NO. 27 FACILITATION OF BUFFALO RIVER AREAS OF CONCERN SEDIMENT REMEDIATION & HABITAT RESTORATION PROJECT - BUFFALO RIVER AND CITY SHIP CANAL ITEM NO. 19 OF C.C.P. FEBRUARY 19 2013 The United States Environmental Protection Agency's Great Lakes National Program Office in a unique public - private partnership with Honeywell, the United States Army Corps of Engineers, the New York State Department of Environmental Conservation and Buffalo Niagara Riverkeeper are engaged in the design and implementation of an extensive sediment remediation and habitat restoration project in and at the Buffalo River and in and at the City Ship Canal (the "Project "). The Project cost is estimated to be in the range of up to approximately $43,200,000 of which half is expected to come from the federal government, with the other half coming from nonfederal sponsors such as Honeywell and other companies /entities with historical ties to the Buffalo River and /or to the City Ship Canal. A main objective of the Project and the related sediment dredging, removal, disposal and accompanying habitat restoration is to improve the river water /ship canal water quality and ultimately to improve the Lake Erie /Niagara River water quality. The City of Buffalo can facilitate the Project by allowing access to the Buffalo River and to the City Ship Canal through City -owned properties adjoining the river and the ship canal. Because of the City's ownership interests in the Buffalo River and the City Ship Canal, the City can also facilitate the Project by allowing actual Project implementation related access to the Buffalo Riverbed itself and to the City Ship Canal. This Project is beneficial to the City in that long present river /canal sediments with industrial contaminants deposited therein over the course of the history of Buffalo's heavy industrial era from before the time of modern environmental regulations will be removed permanently. This will increase the river water quality and the ship canal river quality and enhance the quality of life for City and region residents. I am not at this time requesting authorization for the expenditure of funds. Accordingly, lain requesting that Your Honorable Body to: 1. Authorize me as Commissioner to enter into and execute appropriate access authorization agreements with Project contractors and others to facilitate access to the Buffalo River and the City Ship Canal for Project implementation; 2. Authorize pertinent City staff to take all other steps and actions necessary to facilitate Project implementation including but not limited to entering into related agreements whenever necessary to facilitate Project implementation, and 3. Direct Corporation Counsel and other appropriate City personnel to negotiate such agreements and documentation to finalization wherever necessary for execution and for actual Project implementation. 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 July 2, 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 and execute appropriate access authorizations agreements with the United States Environmental Protection Agency's Great Lakes National Program Office, Honeywell, the United States Army Corps of Engineers, the New York State Department of Environmental conservation and Buffalo Niagara Riverkeeper to facilitate access to the Buffalo River and the City Ship Canal for the implementation of the sediment remediation and habitat restoration project in and at the Buffalo River and in and at the City Ship Canal; and That the Common Council hereby authorizes pertinent City staff to take all other steps and actions necessary to facilitate project implementation including, but not limited to, entering into related agreements whenever necessary to facilitate project implementation; and the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate such agreements and documentation to finalization wherever necessary for the execution and for actual project implementation. PASSED AYES -8 NOES -0 NO. 28 PERMISSION TO HIRE CONSULTANT KLEINHANS MUSIC HALL SAFETY & ACCESSIBILITY PROJECT JOB #1315 NIAGARA DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire HHL Architects as a consultant to provide architectural /engineering services for Kleinhans Music Hall, Safety & Accessibility Project. The cost for consulting services is estimated not to exceed $14,800.00. The funds are available in 36329706 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 June 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire HHL Architects as a consultant to provide architectural /engineering services for Kleinhans Music Hall Safety and Accessibility Project. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Account #36329706 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 29 PERMISSION TO INCREASE CONTRACT MILLHERST CONSTRUCTION, INC. LASALLE PARK SKATEPLAZA ELLICOTT DISTRICT I hereby submit to your Honorable Body the following change for the contractor for LaSalle Park Skateplaza project. This increase is necessary for the following summary of the additional works by contractor on the project: - Sampling, testing and proper disposal of excavated fill material from LaSalle Park. Previously approved Contract Amount: $ 253,900.50 This Cost increase: $ 8,376.50 Total: $ 262,277.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 8,376.50 Funds for this project are available in Account # 35405106 - 445100. 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 July 3, 2013, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to increase the contract with Milherst Construction, Inc. for the LaSalle Park Skateplaza project, in the amount of $8,376.50 (Previously Approved Contract Amount $253,900.50 + Cost Increase $8,376.50 for a Total Contract Amount of $262,277.00) for sampling, testing and proper disposal of excavated fill material from LaSalle Park. Funds for the project will be available in Account #35405106 - 445100. PASSED AYES -8 NOES -0 NO. 30 PERMISSION TO REDUCE RETENTION VISONE CONSTRUCTION INC. WATER DISTRIBUTION IMPROVEMENTS -NORTH PHASE II CONTRACT # 93000758 1 hereby submit to your Honorable Body a request to reduce the payment retention for the above mentioned contract from 5% to 0% for work already completed in 2011 and 2012, and accepted by the Department. Any contract work completed in 2013 and in the future will have 5% retainage as per the contract. We respectfully request that Your Honorable Body approve this request. There are no outstanding claims or liens. This is being requested to keep the contract open to allow for the completion of water distribution construction activities at various locations as per the contract. 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 July 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the payment retention for the contract with Visone Construction, Inc. for Water Distribution Improvements, North Phase 11, from 5% to 0% for work already completed in 2011 and 2012. Any contract work completed in 2013 and in the future will have 5% retainage as per the contract. PASSED AYES -8 NOES -0 NO. 31 PERMISSION TO REDUCE RETENTION SIEMENS INDUSTRY, INC. HIGH SERVICE PUMPING IMPROVEMENTS AT COL WARD TREATMENT FACILITY CONTRACT # 93000699 1 hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 2.5% and respectfully request that Your Honorable Body approve this request. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This is being requested to keep the contract open to allow the completion of the last piece of this project in which a Supervisory Control Data Acquisition System is in process of being installed. 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 July 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the payment retention for the contract with Siemens Industry, Inc. for High Service Pumping Improvements at the Col. Ward Treatment Facility, from 5% to 2.5% for work already completed. This is being requested to keep the contract open to allow the completion of the last piece of this project in which a Supervisory Control Data Acquisition System is in the process of being installed. PASSED AYES -8 NOES -0 NO. 32 REPORT OF BIDS BROADWAY MARKET PARKING GARAGE RECONSTRUCTION JOB #1284 FILLMORE DISTRICT I advertised for on June 18, 2013 and received the following formal sealed bids for the Broadway Market, Parking Garage Reconstruction, which were publicly opened and read on July 2, 2013. Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Raymond E. Kelley, Inc $41,478.00 $17,605.00 $33,513.00 $33,558.00 $41,915.00 33 Main St Bowmansville, NY Morris Masonry Restoration $45,845.00 $9,250.00 $38,555.00 $42,590.00 $52,500.00 441 Bailey, Buffalo, NY Patterson Stevens, Inc. $66,915.00 $17,620.00 $50,950.00 $55,735.00 $87,335.00 400 Sawyer, Tonawanda, NY Alternate #1 : Relocate the existing wall at joint #1. Alternate #2: Remove and replace expansion joint #2. Alternate #3: Remove and replace expansion joint #3. Alternate #4: Remove and replace expansion joint #4. 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Raymond E. Kelley, Inc., with a base bid of $41,478.00, add Alternate #1 for $17,605.00, add Alternate #2 for 33,513.00, add Alternate #3 for $33,558.00, add Alternate #4 for $41,915.00,for a total bid of One Hundred Sixty Eight Thousand Sixty Nine and 00/100 Dollars ($168,069.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 34322806 445100 - Buildings. 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 July 3, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Broadway Market parking garage reconstruction, with Raymond E. Kelley, Inc., in the amount of $168,069.00 (Base Bid of $41,478.00 + Alt. #1 for $17,605.00 to relocate the existing wail at joint #1 + Alt. #2 for $33,513.00 to remove and replace expansion joint #2 + Alt. #3 for $33,558.00 to remove and replace expansion joint #3 + Alt. #4 for $41,915.00 for a Total Bid Amount of $168,068.00). Funds are available in Account #34322806 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 33 REPORT OF BIDS, GROUP #765 -B CITY -WIDE MILL & OVERLAY - 2013, PHASE II In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase Amherst Paving, Inc. $1,739,278.88 $1,913,206.77 330 Meyer Road, Amherst, NY 14226 Destro & Brothers Concrete Co., Inc. $1,739,310.00 $1,913,241.00 411 Ludington Avenue, Buffalo, NY 14206 Sicar Management $2,094,434.37 $2,303,877.81 1168 Jamison Road, Elms, NY 14059 I hereby certify that the low bidder for the above project is Amherst Paving, Inc.. I respectfully recommend a contract award in the amount of $1,913,206.77 ($1,739,278.88 -Base Bid+ $173,927.89 - 10% unit price increase = $1,913,206.77 Total Contract Amount) . Funds for this contract are available in #3200006 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $2,000,000.00 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 August 12 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 the Department of Public Works, Parks and Streets, dated July 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City -wide mill and overlay 2013, Phase 11, Group #765 -B, with Amherst Paving, Inc., in the amount of $1,913,206.77 (Base Bid of $1,739,278.88 + 10% unit price increase of $173,927.89 for a Total Contract Amount $1,913,206.77). Funds are available in Account #3200006- 445100, and an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 34 REPORT OF BIDS, GROUP #760 -A CITY -WIDE STREET PAVING CONTRACT "A" CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid The following Bids were received Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $786,457.00 $865,102.70 411 Ludington Avenue, Buffalo, NY 14206 Amherst Paving, Inc. $812,713.00 $893,984.30 330 Meyer Road, Amherst, NY 14226 Sicar Management $873,500.00 $960,850.00 1168 Jamison Road, Elms, NY 14059 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $865,102.70 ( $786,457.00 -Base Bid + $78,645. 70 -10% unit price increase = $865,102.70 Total Contract Amount) . Funds for this contract are available in #CHgB2027- 470000, and /or an account(s) to be named at a later date. The engineer's estimate for this work is $775,000.00 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 August 15 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 the Department of Public Works, Parks and Streets, dated July 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the City -wide street paving, Contract "A ", CDBG funded, with Destro & Brothers Concrete Co., Inc., in the amount of $865,102.70 (Base Bid of $786,475.00 + 10% unit price increase of $78,645.70 for a Total Contract Amount $865,102.70). Funds are available in Account #CH9B2027- 470000, and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 36 REPORT OF BIDS MARCY CASINO STRUCTURAL DECK RECONSTRUCTION AND NEW ELEVATOR JOB #1276 DELAWARE DISTRICT I advertised for on February 19, 2013, and received the following formal sealed bids for Marcy Casino, Structural Deck Reconstruction and New Elevator, which were publicly opened and read on March 12, 2013 Bids available for review in The City Clerk's Office 'Bid rejected due to missing paperwork. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Spicer Group with a bid of $685,000.00 Electrical Work: Brown Electric with a bid for $48,900.00 HVAC Work: Allied Mechanical with a bid for $36,257.00 for a total bid cost of Seven Hundred Seventy Thousand One Hundred Fifty Seven and 00/100 Dollars ($770,157.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in 35323106 445100, 35328506 445100, 38320906 445100 - Buildings. 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 June 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Marcy Casino, Structural Deck Reconstruction and New Elevator, with Spicer Group, in the amount of $685,000.00 for General Construction; Brown Electric, in the amount of $48,900.00 for Electrical Work; and Allied Mechanical in the amount of $36,257.00 for HVAC work. Funding for this project is available in Accounts #35323106 445100, 35328506 445100, 38320906 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 36 REPORT OF BICLS, GROUP #770 STREET CUT RECONSTRUCTION - CITY -WIDE PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $596,810.00 $656,491.00 411 Ludington Avenue, Buffalo, NY 14206 Amherst Paving, Inc. $613,022.50 $674,324.75 330 Meyer Road, Amherst, NY 14226 NOVA Site Company, LLC $718,437.80 $790,281.58 6 Lena Court, West Seneca, NY 14224 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc.. I respectfully recommend a contract award in the amount of $656,481.00 ($ $596,810.00 -Base Bid + $59,681. 00 -10% unit price increase = $656,491.00 Total Contract Amount) . Funds for this contract are available in #36319406- 445100, #53230786 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $1,000,000.00 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 August 12 2013. Individual bid submissions are 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 July 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Street Cut Reconstruction, City -wide, Group #770, with Destro & Brothers Concrete Co., Inc., in the amount of $656,481.00 (Base Bid of $596,810.00 + 10% unit price increase of $59,681.00 for a Total Contract Amount of $656,491.00). Funds for this contract are available in Accounts #36319406- 445100, 53230786 - 445100, and an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 37 APPOINT FILTRATION PLANT OPERATOR, (PROV)(INTER)(SCHWEITZER) Appointment effective 06/28/2013 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Filtration Plant Operator, Provisional at the Intermediate Salary of $41,875.00 Peter Schweitzer, 328 Ideal St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 APPOINT WATER METER MECHANIC SUPERVISOR I(PROV)(INTER)(MCCABE) Appointment Effective 06/28/2013 in the Department of Public Works, Parks and Streets , Division of Water to the Position of Water Meter Mechanic Supervisor I, Provisional at the Intermediate Salary of $40,590 James McCabe, 29 Mayer Ave, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 39 APPROVAL OF CONTRACT WITH LA SALLE AMBULANCE, INC., D /B /A RURAL METRO MEDICAL SERVICES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES ITEM NO. 075.C.C.P.02/22/05 Attached for your Honorable Body's review and approval is a contract extension with La Salle Ambulance, Inc., d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services provider. The Law Department is requesting that approval be granted to allow the Mayor of the City of Buffalo to execute the attached emergency extension agreement until December 31, 2013. The Agreement provides for monthly franchise fee payments of $29,166.66 which are due under the expired term, as well as for monthly payments of $29,166.66 for the duration of the subject Agreement. We have developed a comprehensive Request for Proposals for this service that will be released the week of July 8, 2013 and requests proposals building upon best practices within the industry and also creative ways to insure the best response times and service provision in the City of Buffalo. The underlying agreement has been amended to provide for an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000), increased from one hundred thousand ($100,000), in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the provisions of this Agreement. Thanking you in advance for your prompt consideration to the above request. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 APPROVAL OF CONTRACT WITH PERSONAL COMPUTERS, INC. FOR THE PROVISION OF NETWORK SERVICES AND HARDWARE SUPPORT FOR THE DEPARTMENTS OF POLICE AND FIRE Attached for your Honorable Body's review and approval is a contract with Personal Computers, Inc. to serve as the City of Buffalo's Network Services and Hardware Support provider for the Departments of Police and Fire. The Law Department is requesting that approval be granted to allow the Mayor of the City of Buffalo to execute the attached three month extension agreement, which will allow services on a monthly basis through October 31, 2013 with the ability to extend up to three months. The City is currently operating under a one month emergency extension agreement (which is attached hereto as Exhibit B), which was entered into on July 1, 2013, and is set to expire on July 31, 2013. Such services shall be provided at the rate of seven thousand nine hundred seventeen dollars ($7,917.00) per month for Network Hardware and Software services and support and at the rate of six thousand dollars ($6,000.00) per month for Lotus Notes Administration, per the terms of the existing agreement. A Request for Proposal (RFP) is being prepared, and will be issued by the end of September 30, 2013. In the meantime, the Law Department is requesting that this Honorable Body approve an interim agreement until a vendor is selected and approved for a long -term contract after the completion of the RFP process. Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated July 3, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor to execute a three month extension agreement with Personal Computers, Inc. to serve as the City of Buffalo's Network Services and Hardware Support provider for the Departments of Fire and Police. The extension agreement will allow services on a monthly basis through October 31, 2013 with the ability to extend up to three months. The City is currently operating under a one month emergency extension agreement which is set to expire of July 31, 2013. PASSED AYES -8 NOES -0 NO. 41 HISTORICAL SOCIETY BUILDING ELECTRICAL RENOVATIONS - SUMMER 2013 NORTH DISTRICT ITEM NO. 19, C.C.P. 12/26/2012 Your Honorable Body in Item Number 19 of C.C.P. on 12/26/2012 approved an award of contract to Frey Electric for certain Historical Society Building Electrical Renovations. Funding for this $892,000 project is currently available in two separate accounts as follows: 32320306 445100 ($398,785.56) and 35323106 445100 ($493,214.44). The $493,214.44 (along with an additional $36,785.56 to cover contingency for cost overruns) should be transferred into account number 32320306 445100 in order to more readily be applicable towards the Historical Society Building electrical renovations use. Accordingly, this office recommends and requests that Your Honorable Body transfer $530,000 from account number 35323106 445100 to account number 32320306 445100 in order to more readily facilitate the expenditure of the transferred funds on the Historical Society Building electrical renovations. This office further requests and recommends that Your Honorable Body authorize pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the funds transfer and the Historical Society Building electrical renovations. Mr. Smith moved That the above item be, and the above communication from the Corporation Counsel, dated July 3,2013, be received and filed; and That the Common Council hereby authorizes the transfer of $530,000.00 from Account #35323106 445100 to Account #32320306 445100 in order to more readily facilitate the expenditure of the transferred funds on the Historical Society Building electrical renovations; and the Common Council hereby authorizes pertinent City personnel to take all such steps and actions, and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the funds transfer and the Historical Society Building electrical renovations. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 42 FLEA MARKET 145 BUFFALO RIVER (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Flea Market License located at 145 Buffalo River 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 Scott O'Connor. The attached thereto for Scott O'Connor d /b /a /SILO FLEAS. This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 43 FOOD STORE (NEW) 3215 BAILEY (AKA3217 BAILEY) (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 3215 Bailey (aka3217 Bailey) (LUCHEY'S / RACHEL RAY) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMNITTEE ON LEGISLATION. NO. 44 FOOD STORE (NEW) 136 NORTH DIVISION OELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 136 North Division (STREET CORNER/ Imran Syed) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 46 FOOD STORE (NEW) 754 SYCAMORE (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 754 SYCAMORE (1 STOP GROCERY OF BUFFALO) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 MOBILE FOOD TRUCK 4100 FABER LA CLARENCE (HOME ADDRESS (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 4100 Faber La Clarence for which said application for a Mobile Food Track license is being sought by Simone Fancher @ The Cheesy Chick and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. M. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated June 28, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Simone Fancher of 4100 Faber Lane, Clarence, New York 14031, d /b /a The Cheesy Chick is hereby approved. PASSED AYES -8 NOES -0 NO. 47 MOBILE FOOD TRUCK -AMMY THE GREEK 2298 RIVER RD WHEATFIELD(HOME ADDRESS)(NEWW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 2298 River Rd, Wheatfield for which said application for a Mobile Food Truck license is being sought by Serafim Vasiliadis@ Sammy the Greek and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated June 28, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Serafim Vasiliadis of 2298 River Road, Wheatfield, New York 14304, d /b /a The Sammy the Greek is hereby approved. PASSED AYES -8 NOES -0 NO. 48 RESTAURANT DANCE LICENSE (RENEWAL) 2897 BAILEY AVE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 2897 Bailey Ave for which said renewal application for a Restaurant Dance Class IV license is being sought by Hyeinth Patterson @ Caribbean Experience and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated June 26, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Hycinth Patterson d /b /a Caribbean Experience, located at 2897 Bailey Avenue. PASSED AYES -8 NOES -0 NO. 49 RESTAURANT DANCE LICENSE (RENEWAL) 936 ELMWOOD AVE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 936 Elmwood Ave for which said renewal application for a Restaurant Dance Class III license is being sought by David Putnam @ McGarrets and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 RESTAURANT DANCE LICENSE (RENEWAL) 1281 HERTEL AVE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 1281 Hertel Ave for which said renewal application for a Restaurant Dance Class III license is being sought by Sumner Nichols @ Gabel's and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 SECOND HAND DEALER 654 AUBURN (AKA648) (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 654 Auburn (aim 648) 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 Wendie Reed. The attached thereto for Wendie Reed d /b /a SCOOP SHOP. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PARKING NO. 52 BUFFALO CIVIC AUTO RAMPS (BCAR) CONTRACT In December of 2012, Your Honorable Body approved Buffalo Civic Auto Ramps inc. as the management company overseeing the parking ramps and lots. As part of your approval motion, you requested that the finalized contract be filed with the Common Council. Enclosed please find that contract. RECEIVED AND FILED FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 53 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH WORKFORCE CORPORATION OF BUFFALO AND ERIE COUNTY TO ADMINISTER THE MAYOR'S SUMMER YOUTH EMPLOYMENT PROGRAM The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Workforce Corporation of Buffalo and Erie County ( "WCBE ") to administer the payroll functions of the Mayor's Summer Youth Employment Program (the "Youth Program "). The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months in valuable on the job work and life experience ventures. Until recently, the Youth Program administration (management, set up, payroll functions, wind down, wrap -up and etc.) had been done through various City offices or departments, most recently through the City Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day management, troubleshooting and administration. Last year the City engaged WCBE to perform these functions, this year for these purposes and the Department of Community Services and Recreational Programming will perform all these functions except for the payroll. The City's engagement of WCBE to directly oversee the payroll function aspects of the Youth Program will result in the City's youth being better served. The Youth Program's funding from City budget sources for this summer (City's fiscal year 2013 -14 budget beginning July 1, 2013) is expected to be at least $1,100,000, with up to $1,078,000 thereof allocated to WCBE for Youth Program purposes and salaries for the participating youth. Direct operation and management by WCBE of the payroll functions of the Youth Program is expected to streamline Youth Program operations and management and is expected to also facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth. Accordingly, the Department requests your Honorable Body to: Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance acceptable to the department and fund up to $1,078,000 from the Department to WCBE to help administer the payroll functions of the youth program, Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement, and 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 Deputy Commissioner of the Department of Community Services and Recreational Programming, dated June 24, 2013, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services and Recreational Programming to enter into an agreement in form and substance acceptable to the department with the Workforce Corporation of Buffalo and Erie County ( "WCBE ") to administer the payroll functions of the Mayor's Summer Youth Employment Program, and fund up to $1,078,000.00 from the Department of Community Services and Recreational Programming to WCBE to help administer the payroll functions of the youth program; and That the Common Council hereby authorizes the Department of Community Services and Recreational Programming 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 agreement; and that the Common Council hereby authorizes the Corporation Counsel and other appropriate City and Department of Community Services 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. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 54 APPOINT ACCOUNT CLERK TYPIST(PERM)(INTER)(MARTINEZ) Appointment effective 07/08/2013 in the Department of Public Works, Parks and Streets to the Position of Account Clerk Typist, Permanent at the Intermediate Salary of $33,415.00 Sharon Martinez, 785 Perry St, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 55 ITEM RECALLED FROM MAYOR CCP# 41- 06/25113 The attached item (CCP #41 - 06/25/2013) is being recalled from the Mayor and is to be reconsidered by the Common Council. Honorable Byron W. Brown Mayor of the City of Buffalo 201 City Hall Buffalo, NY 14202 Dear Mayor Brown: The Common Council wishes to recall item# 41 from the June 25, 2013 meeting. The Subject is Trailblazing Sign in Honor o f Margaret Nigrelli. The Trailblazing Sign needs to be Approved by Resolution. It will be filed for the July 9, 2013 Meeting. Your cooperation in this matter is greatly appreciated. Yours truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED. NO. 56 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. RECEIVED AND FILED Address Business Name Owner's Name 1368 Hertel Petrillo Hospitality Michael Petrillo 710 Main St Shea's Concessions Anthony Conte 376 Grant St Gypay Parlor Inc Gabrielle Mattina 382 Abbott Rd Inter Utrumque Daniel Conlon 1300 Elmwood Birchfields Gerald Byrgin RECEIVED AND FILED NO. 57 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Economic Development & Permit and Inspection Services- Matthew Baudo RECEIVED AND FILED. NO. 58 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various beards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 59 APPOINT ASSISTANT LEGISLATIVE AIDE II(PALMER, CHASE) Appointment effective July 1, 2013 in the Department of Common Council, Division of City Clerk to the Position of Assistant Legislative II, Unclassified at the Flat Salary of $31,397.00 Damon L. Palmer, 362 Northland Ave, Buffalo 14208 Roxanne Chase, 57 Fillmore Ave, Buffalo 14210 ADOPT NO. 60 APPOINT LEGISLATIVE ASSISTANT (OLIEJNICZAK) Appointment effective July 1, 2013 in the Department of Common Council, Division of City Clerk to the Position of Legislative Assistant, Unclassified at the Flat Salary of $41,163.00 Thomas Olejniczak, 78 South Pontiac Street, Buffalo 14206 ADOPT NO. 61 APPOINT LEGISLATIVE AIDE(MARKS) Appointment effective July 1, 2013 in the Department of Common Council, Division of City Clerk to the Position of Legislative Aide, Unclassified at the Flat Salary of $36,242.00 Tianna Marks, 74 Fernhill Ave Upper, Buffalo 14215 ADOPTED NO. 62 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 06/24/2013 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Sr. 1 st Class Stationary Engineer, Temporary, Non - Competitive, at the Flat starting salary of $15.00 John Scanlon, 201 Cumberland, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective 6/23/2013 in the Department of Public Works, Parks & Streets, Division of Parks, to the Position of Lifeguard, Seasonal, Non - Competitive, Flat starting salary of $12.47 Kathleen Battel, 64 Fuller St., Buffalo 14207 Nathaniel Cole, 395 Hoyt St., Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective 6/24/2013, in the Department of Public Works, Parks & Streets, Division of Parks, to the Position of Lifeguard, Seasonal, Non - Competitive, Flat starting salary of $12.47. Jillian Harris, 197 Fenton St., Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective 6/28/2013, in the Department of Public Works, Parks & Streets, Division of Parks, to the Position of Lifeguard, Seasonal, Non - Competitive, Flat starting salary of $12.47 Connor Budzinski, 153 Indian Church Rd, Buffalo 14210 Alex Hernandex, 178 Riverside Ave, Buffalo 14207 Denzel Floyd, 487 Northland, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective 7/1/2013, in the Department of Public Works, Parks & Streets, in the Division of Buildings to the Position of Laborer II, Seasonal, Non - Competitive, Flat starting salary of $12.47. Mark Rogowski, 125 Ridgewood, Buffalo 14220 Antwan Garner, 379 Wyoming, Buffalo 14215 NO. 63 APPOINTMENTS- TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFFERED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 07/01/2013, in the Department of Call And Resolution Center, Division of Citizen Services, to the Position of 311 Call Center Manager, Provisional, Appointment at the starting salary of $54,200 Robert Kreutinger, 50 Homer Avenue, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 64 EC 2012 EQUALIZATION RATES AND 2012 -2013 TAX RATES Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 66 J. GOLOMBEK- ARTICLE ANOTHER VOICE HEALTH SCIENCES PROGRAMS BELONG ON MEDICAL CAMPUS By Bernice Radie and Greg Conley Prior to the release of a study concluding Erie Community College should expand its North Campus in Amherst, County Executive Mark C. Poloncarz happily presented its results. But, did he read the study? Consider the following fact from the study: Forty -seven percent of ECC students live in the City of Buffalo. The study points out that the City Campus is still the smallest of ECC's three - campus system and, due to its limited programs, serves only 25 percent of ECC's students. If this inequity between city and suburban campuses is not a subtle, but very real, form of racial and economic discrimination, what is? Poloncarz would have taxpayers believe that the North Campus expansion is for science, technology, engineering and math (STEM) programs, but the study reveals this is spin. Seven of to programs at the proposed $3o million facility would be in health - related fields, not STEM: anatomy and physiology, biology, biomanufacturing, medical lab technology, medical assisting, nursing and respiratory care. These health sciences programs belong near the Buffalo Niagara Medical Campus, where access to internships, job opportunities and public transit are abundant, not eight miles away on Youngs Road. According to the American Association of Community Colleges, more than 50 percent of health sciences workers in the United States are trained at community colleges, so why is Erie Community College playing no direct role in the development of the Buffalo Niagara Medical Campus? The Medical Campus will not be able to compete globally without stronger links to the community college system. ECC's expansion is an opportunity to shift its health sciences programs to the City Campus, where the college can leverage investments in the University at Buffalo's new Medical School, bolster the regions fastest - growing job sector— and better advance its stated mission of "providing access to all." Gov. Andrew M. Cuomo gets it. His administration's investment in the Buffalo Niagara Medical Campus is helping reforge Buffalo's economy, with more than 2,000 jobs created since 2011 and another 5,000 jobs on the way by 2017. Poloncarz does not need to hide behind a flawed study; common sense alone says that this success should be supported. Buffalo can no longer afford to squander once -in -a- generation opportunities. Any growth in ECC facilities should be centered where both the need and the return on investment is greatest - the City Campus. Bernice Radle and Greg Conley are co- chairmen of Young Citizens for ECC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 D. PRIDGEN- CONCERNS CLOSING CITIZENS BANK Mr. PezTy Ciambella VP, Business Banking Relationship Manager Citizens Break Regional Office 115 Lawrence Bell Drive Suite # 118 Williamsville, NY 14221 RE: Citizens Bank Mr. Ciambella: I am writing concerning the possible closing of Citizens Bank in TOPS at the Jefferson Plaza, 1275 Jefferson Avenue branch location. This location is important to this residential East Side area, especially to the elderly and disabled, many of whom are limited in transportation and banking access. Since 2007, Citizens Bank has become a very important and integral asset to this community. Citizens Bank provides well needed banking services in an underserved community. The employees provide excellent and professional customer service. I would like to meet with you or a representative to discuss options regarding this particular banking location, I may be reached at (716) 851 -4980 at your earliest convenience. Sincerely, Ellicott District Councilmember REFERRED TO THE COMMITTEE ON FINANCE NO. 67 J. ROZANSKI -NORTH BUFFALO GREENWAY TRAIL To: Common Council, City Clerk From: James Rozanski 92 West Winspear Avenue Buffalo, NY 14214 Mr. Chwalinski and Mr. Fontana: Please enter this letter into the upcoming Common Council meeting agenda. The City has planning documents dating back to the 1980's and 1990's for a North Buffalo multi purpose trail and on and off street paths that would connect Delaware Park, the Niagara River Greenway, Riverside Park, Shoshone Park, Minnesota Linear Park, McCarthy Park, Gleasner Park, and beyond. It would utilize the former DL &W and Erie - Lackawanna rail lines, Starin, Parkside, and Colvin Avenues. The City of Buffalo Comprehensive Plan - Urban Parks and Recreation Recovery Action Plan dated January 2003 was submitted to the National Parks Service. Goal #1 was "To create a fully integrated green system linking all of the City's park, recreation, and open space resources." Minnesota Linear Park was designated as a passive park for local use. Shoshone and McCarthy parks were designated as destination parks for regional use. $1.2 million in Congestion Mitigation Air Quality (CMAQ) funds have been available since 2001 for a multi purpose trail between Main Street - Starin Avenue - Kenmore Avenue. Originally the trail under this funding was to go as far as Delaware Avenue. North Buffalo residents have shown support for a Greenway trail connecting Main Street to Starin Avenue and to Kenmore Avenue along the abandoned rail beds. Over the years many of us have expressed our desires for this project to the Council and the Mayor. The City has had more than ten years to build this project. At the same time Erie County was awarded $1.4 million in CMAQ funds for a trail through the Town and City of Tonawanda. Erie County held public meetings on its project back in April 2013. The County and NFTA are working on legal agreements in order to secure the federal funding to build their project. Meanwhile, people in North Buffalo are waiting to hear from the City about the status of its project. We have not seen any plans from the City itself. We have heard elsewhere that the federal funding is due to expire soon. We also have heard that the City is trying to use this money to redesign Minnesota Linear Park. There is significant public opposition to this supposed action. It will destroy the nature and purpose of the park. We ask the Common Council to advise the City to follow its comprehensive plans for the Main - Starin- Kenmore trail and not try to shift the money elsewhere. The City should have been reaching out to the Community about the trail design months ago, in fact, years ago. Thank you. RECEIVED AND FILED NO. 68 D. SMITH -D, KAZMIERCZAK -USAGE OF BUFFALO FIRE DEPT EQUIPMENT Copy available for review in the City Clerk's Office REFFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 69 D. SMITH - ANNOTATED DRAFT ORDINANCE - CITY OF BUFFALO TAX FORECLOSURE REFORM The Common Council of the City of Buffalo does hereby ordain and amend Articles 15 and 28 of The Charter of the City of Buffalo and the Buffalo City Code Chapter 175 as follows: That Article §15- 40(C): Residential User Fees, be amended to read as follows: All residential user fees are payable ^ , d „ °n^° °nd sh °" h° d, -° nn +he first day of the p rnt e d for which Ge.,,, a ,� pFevided upon receipt of the quarterly statements and shall due on the date printed on the quarterly statement; and if not received within fOrty -five (45) days of the due date, there shall be added to that bill a collection processing charge as provided in chapter 216, garbage, rubbish and refuse... Comment: This section and the section below amending Article §15 -40(D) provide for quarterly billing statements for user fees. Currently, bills are sent once a year and (f a homeowner owes any money on the bill, a postcard is sent to the homeowner. The postcard does not have the bill amount on it and we have heard from homeowners that they often discard the postcard thinking that they have paid the bill in the previous quarter or when they have received the yearly bill. The gas and electric utilities in the City of Buffalo bill monthly with a statement of the account contained on the bills. We propose requiring that quarterly bills with return envelopes be sent to homeowners who owe money, just as the other utilities do. Sending quarterly bills in addition to the yearly bill will provide homeowners with notice that they owe money and allow them to pay the amounts owed before the amounts grow so large through interest and nonpayment that homeowners cannot pay. That Article §15- 40(1)): Residential User Fees, be amended to read as follows: The bill shall be rendered as as Rnn -RI a quarterly statement with provision for payment or by payment of the entire annual amount whether the payment is upon the first quarterly bill or upon any subsequent quarterly bill. Payments must be made within forty -five (45) days of the due date and may be paid by cash, check, money order, or credit card. That Article §15- 41: Unpaid Residential User Fees, be amended as follows: Unpaid residential user fees, including interest, costs, administrative and legal expenses and collection charges incurred, shall be the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding any ordinance or local law to the contrary, this lien shall be superior to any and all other liens, excepting those for general taxes and local assessments, and shall have equal priority with liens imposed for water charges, which lien can be enforced by foreclosure [ proceedings pursuant to New York Lien Law or Real Property Actions and Proceedings Law instituted at the expiration of one (1) year from the date of the creation of the lien, in addition to and notwithstanding any and all other remedies available to the city for the collection of unpaid user fee bills. The only exemption being that no tax foreclosure proceedings pursuant to the New York Real Property Tax Law may be commenced against a one- to four - family, owner - occupied residential property for unpaid residential user fees. Comment: We believe that it is illegal for the City to foreclose on a homeowner's property because of user fees under the New York Real Property Tax Law, the foreclosure method used for the current in rem auction. This amendment will prohibit foreclosure under the in rein auction, if the property is a 1 -4 unit dwelling and is owner - occupied. The section allows foreclosure under the New York Lien Law or Real Property Actions and Proceedings Law instead. Foreclosure is an extreme remedy, and homeowners will have more rights to get notice of foreclosures and more tights to contest the foreclosures if the actions are brought under the New York Lien Law or Real Property Actions and Proceedings Law. The section makes it clear that unpaid user fees are a lien on the property of a homeowner and that the City has the right to collect the unpaid user fees in the way any unpaid bill can be collected. The City gives up no rights to their lien with this amendment and is only prohibited from using the in rem procedure for owner - occupied 1 -4 unit dwellings. That Article §28 -4: Registration, be amended to add the following paragraph at the end thereof: The department shall maintain a book or books of registration in which shall be entered the name, address, and telephone number of each owner or mortgagee of land in the city who has filed the statement of his or her name, address, and telephone number as provided in section 28 -5 and the name, address, and telephone number of each tax agent as shown in the appointment provided in section 28 -6, opposite each parcel of land of which he or she is such owner, mortgagee or agent, and in which shall be noted from time to make any changes in name, address, or telephone number made pursuant to such section. The address given shall not be a post office box. For those properties identified by the department of assessment and taxation as having unpaid taxes or assessments and notice having been provided to the owners of said properties pursuant to section 28 -67 of this charter, the department must update the registration of the addresses of the owners of said properties through reconciliation of address data in the possession of other departments of the City of Buffalo, including but not limited to the Department of Public Works prior to the subsequent service of the Notice and Petition of Foreclosure upon those owners. Comment: The section requires the City, to update the registry when homeowners report changes of address. Currently, homeowners must update their addresses with several departments and if they fail to do so, they often do not get notice of unpaid bills or foreclosure proceedings. It makes absolutely no sense in this technological age to force homeowners, many of whom are elderly, to report changes of address to several City Department. We believe that the City currently has the ability to implement this change. This section would require them to do so. That Article § 28 -8: Failure of Owner or Mortgagee To Register, be amended as follows: Any owner or mortgagee, who fails, refuses or neglects to furnish to the department of assessment and taxation his or her name and address for registration or any change of address, shall not be heard to question or dispute the validity or regularity of the service provided for in the next preceding section, except as provided in the next paragraph Failure of the department of assessment and taxation to reconcile the address of the homeowner with address data in the possession of other departments of the City of Buffalo shall be an affirmative defense that must be plead in an answer to any In Rem foreclosure proceeding: however, it shall not invalidate the taxes or assessments owed. Comment: The amendment to this section works with the preceding section to require homeowners to furnish to the department of assessment and taxation a name and address for registration or any change of address. If a homeowner does not comply, the homeowner loses any defenses of lack of notice. However, if the City does not comply with this and the preceding section, the City can still collect amounts owed but cannot use the in rem procedure to foreclose on property until notice is sent to the proper address on file. That Article §28 -69: Part Payment, is amended to read as follows: Any person may pay any one or more taxes— -or- assessments, or user fees, or any portions thereof, leaving other taxes, assessments, user fees, or portions of such taxes or assessments or user fees unpaid to be enforced in the manner provided in this charter. The appropriate departments must apply any such full or partial payments to the oldest unpaid taxes or assessments or user fees in the category designated by the property owner as of the date the payment is received by the department. The appropriate departments should apply such payments in a manner consistent with an overriding policy of preventing foreclosure. Such partial payments may be made by cash, certified funds, or credit card at any time. Such payments may also be made by personal check no later than 30 days before the sale date. Interest and penalties may only accrue on such taxes, assessments, user fees, or portions thereof left unpaid after partial payments are made. Comment: The purpose ofthis amendment & to allow the City to accept partial payments and apply them in a manner' consistent with an overriding policy of preventing foreclosure. Currently, partial payments are first applied to the in rem fee and homeowners trying to make partial payments to avoid foreclosure can still have their properties go into foreclosure because of this policy. Often, a homeowner will be behind on more than one bill but not be in foreclosure for all of them In that case, consistent with the City's policy of preventing foreclosure, the partial payment would be applied to the bill causing the foreclosure. The section also allows partial payments to be made by cash, certified funds, or credit card at any time and by personal cheek no later than 30 days before the sale date. The City currently does not take payments online or by credit card once a property is on the in rein list. The amendment makes it easier for homeowners to pay arrears and prevent their homes from being foreclosed upon. homeowners including foreclosure of the user fee liens or water liens pursuant to New York State Lien Law or Real Property Actions and Proceedings Law, Comment: The amendment to this section sets a $500 limit for delinquent taxes and assessments which must be reached before the City can use the in rem procedure to foreclose on a property and like the preceding sections excludes properties that are delinquent on water charges and user fees from the in rein procedure. Again, the City does not give up any of its liens on properties with delinquent user fees or water charges and retains all legal rights to collect the charges, other than proceeding through the in rem foreclosure process: That Article 28 of the City of Buffalo Charter be amended to include the following new sections: §28- 77: Payment of delinquent taxes and assessments through installments. (New Section) The City shall establish a program allowing delinquent property taxes, user fees, sewer rents, and water charges to be paid under an "Installment Agreement" that may be entered into at any time and whose terms shall be consistent with New York State Real Property Tax Law § 1184 and whose terms comply with the following: a) The maximum term of the installment agreement shall not exceed twenty -four months; b) The payment schedule shall be monthly; e) The City may require an initial down payment not to exceed 10% of the eligible delinquent amount; d) Only owner - occupied 1 -4 family residential properties or farm property shall be eligible to enter into an installment agreement pursuant to this section; e) Only the delinquent amount of taxes, user fees, sewer rents, and water charges shall be included in the installment agreement. Any accrued interest, penalties, or other charges shall be suspended at the commencement of an installment agreement and forgiven at the successful completion of an installment agreement. f) During the duration of any installment agreement authorized by this section, no interest, penalties, or In Rem related costs shall be levied against the property or property owner; g) No In Rem proceedings shall be commenced against any property with a valid installment agreement. h) In the event of default on any installment agreement, as defined by RPTL § 1184(8), interest and penalties may be added to the account beginning from the date of the default; during the installment agreement must be applied to the account as of the dates the payments were received by the City of Buffalo. i) Payments may be made by cash, check, money order, or credit card. Comment: The amendment to this section codifies arrangements for installment payments. The section does not require that the City enter into an installment agreement with any homeowner, but if it does, interest, penalties and in rem related costs are not charged while the agreement is in effect and kept current by the homeowner; and are forgiven upon successful completion of the agreement. This will prevent homeowners from paying on installment agreements and falling further behind as they pay the agreed upon amounts. By formalizing the installment agreement process, homeowners will be able to enter into installment agreements without the help of attorneys and the process will become more open and transparent and available to everyone. §28- 78: Authority to cancel interest, penalties, and other charges (New Section) The Commissioner, or such other City of Buffalo official designated by the Commissioner, is hereby authorized to cancel accrued interest, penalties, and other charges on a taxpayer's account where it is deemed appropriate by the Commissioner (or such other official), is authorized by resolution and RPTL § 1182, or where a taxpayer has successfully completed an installment agreement. The Commissioner is hereby directed to develop and publicize guidelines for appropriate forgiveness of interest, penalties, and other charges related to delinquent taxes, sewer rents, sewer charges, user fees, and water charges or other local fees, charges, and assessments. Comment: The Tax law allows municipalities to cancel these charges but the municipality has to authorize it. This new section is necessary for the authorization to cancel interest, penalties and other charges as provided in other sections. §28 - 79 Establishment of Taxpayer Hardship Assistance Program (New Section) The City shall establish a Taxpayer Hardship Assistance Program to provide financial assistance and counseling to low- income homeowners who are delinquent in paying their taxes, assessments, user fees, or water charges and issue within ninety (90) days of the effective date of this ordinance a Request for Proposals from eligible non - profit organizations to administer the Program. Comment: This new section sets up a program to help homeowners who are delinquent in paying their taxes, assessments, user fee, or water charges. §28- 80: Limitation of foreclosure fees to actual costs (New Section) The Department of Taxation and Finance and the Department of Law shall determine the cost of In Rem foreclosure proceedings at the time the Notice and Petition of Foreclosure is served on the owners and mortgagees and maintain documented evidence as to the actual costs of the In Rein f6rec]6s —e proceedings. The City shall have the right to assess and collect such costs, but in no event shall the City assess or collect more than the greater of $150 or the actual cost of the In Rem foreclosure proceedings. Comment: This is a new section but it only reflects State law as expressed in the Uniform Delinquent Tax E1 — brcement Act § 1102(1)(e)(ii) §28 -81: Additional Pre - Foreclosure Notice Requirements (New Section) Within ten days after sending the first notice of nonpayment as required by the Charter of the City of Buffalo Article §28 -67, the City shall send a second, separate notice to the property and the registered address, if different, stating in bold lettering of at least 16 point font "You may lose your home." This notice shall describe the options available to the homeowner to cure the delinquency and avoid foreclosure. This notice shall also provide information about all nonprofit organizations involved in administering the Taxpayer Hardship Assistance Program, including, but not limited to, name of the organization, telephone number, address, and any other information as to how the homeowner may contact the organization for assistance. Within ten days of sending the second notice, the City shall contact the homeowner by telephone at the last known telephone number on file, after reconciling this telephone number with the telephone numbers on file for the homeowner in other departments of the City of Buffalo. In this telephone call, the City must ensure the homeowner received the prior notices, explain that the homeowner is at risk of losing his /her home, inform the homeowner of the amounts due, and inform the homeowner of the availability of programs and agencies to assist the homeowner in avoiding foreclosure. The City must make three attempts to reach the borrower by telephone. If the City is unable to reach the borrower, the City must leave a voice message with the above - required information. If the City cannot leave a voice message, the City must send a third notice with the required information to the property. Comment: This new section gives homeowners more notice that they may lose their homes and requires the City to make three attempts to teach homeowners by phone when their property is in foreclosure for non - payment of taxes and assessments before foreclosing on the property. Again, foreclosure is an extreme action and giving homeowners more notice is consistent with the City's policy of doing everything possible to keep people in their homes. Buffalo City Code Chapter 175: FEES, by adding the following paragraph at the end thereof: No department or official of the City of Buffalo shall charge a property owner or tenant for services not actually rendered, such as water services, sewer services, and user fees. Where water service to a 1 -4 family residential dwelling has been shut off, no water or sewer charges can be added to the account of or billed to the property owner(s) or tenants, if any, after such water shut off date. Comment: When water service & shut off to a residence, homeowners are still charged each month unless they know to ask that the meter be removed. Other utilities like gas and electric do not continue to charge after service is shut off? This section prohibits the practice of charging for services that are not provided. REFERRED TO THE COMMITTEE ON FINANCE NO. 70 D. SMITH -D. KAZMIERCZAK -USAGE OF BUFFALO FIRE DEPT EQUIPMENT I would like to file the attached information for the next Common Council meeting to be held on July 9, 2013. Thank you. Dear Majority Leader, Demone A. Smith, Masten District The Buffalo Fire Dept. is currently junking the old Rescue Co. 1 Truck No. FR -3 it does not run and is being scrapped. I would like to offer a $1.00 for this apparatus. I have several rigs from the B.F.D. and this one would complete an era to be preserved. I am currently assigned to Rescue Co. 1 and have been a member of the Buffalo Fire Dept. for the last 27 years. In 2oo8 1 almost lost my life in this truck. A driver went through a traffic light at William St. & Jefferson Ave. I hit the back wall of the truck at 35 to 40 miles an hour. They rate contusions at a 1 -4 scale, the nerosurgeon said I was a 7 1/2. 1 have lost out on several rigs in the past, please don't let this one meet the scrappers torch. Rescue Co. 1 is at the forefront of any major fire or accident in the City. Please help me preserve that heritage. If at all possible a Division Chief vehicle is also at the Dart St. impound yard. FR -162, 1 would like to save that as well. Thank you for your time and consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 71 M. MONTANEZ, OWNER, USE 1190 LOVEJOY FOR A MERCHANDISE STORE SELLING TABACCO IN THE LOVEJOY STREET SPECIAL ZONING DISTRICT(LOV)(HRG 07/16) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 72 F. LAZARUS, AGENT, USE 466 ELLICOTT TO PLACE A PROJECTING SIGN OVER CITY ROW IN THE SIGN OVERLAY SPECIAL DISTRICT(ELL)(HRG 7/16) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 73 M. ALI, OWNER, USE 3160 MAIN - ESTABLISH SIT -IN RESTAURANT WITH SIDEWALK PATIO(UNIV)(HRG 7/16) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 74 APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER (EXEMPT)(HEIDINGER)(PW) CCP #16, 06/25 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 APPOINT TRUCK DRIVER(PERM)(INTER)(VANCE JR.)(PW) CCP# 17, 06/25 Mrs. Russell moved That Communication 17 of June 25, 2013, be received and Filed and that the Permanent appointment of Kevin Vance Jr., 1290 Delaware Ave, Apt 8G, Buffalo, NY 14209 to the Position of Truck Driver, Permanent at the Intermediate Salary of $24,341.00 is hereby approved PASSED AYES -8 NOES - 0 NO. 76 APPOINT SUPERVISOR OF STREET SANITATION (PROV)(MAX)(MAZUR)(PW) CCP# 18, 06/25 Mrs. Russell moved That Communication 18 of June 25, 2013, be received and Filed and that the Provisional appointment of Joseph Mazur, 3246 Nash Rd, Hamburg, NY 14075 to the Position of Supervisor of Street Sanitation, Provisional at the Maximum Salary of $41,380.00 is hereby approved PASSED AYES- 8 NOES- 0 NO. 77 APPOINT CHIEF (PROV)MORAN(POL) CCP# 21, 06/25 Mrs. Russell moved That Communication 21 of June 25, 2013, be received and Filed and that the Provisional appointment of Thomas Moran, 172 McKinley Pkwy, Buffalo, NY 14220 to the Position of Chief, Provisional at the Flat Salary of $93,715.00 is hereby approved PASSED AYES -8 NOES -0 NO. 78 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #31, 06/25 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #32, 06/25 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 80 C. SCANLON -D. HUGHES -REQ PRESENCE AT THE NEXT FINANCE COMM. MEETING That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR. CHAIRMAN NO. 81 APPROVE LDA BTWN COB AND PUSH REDEVELOP 99 CHENANGO & 335 -339 MASSACHUSETTS(NIA)(STRAT PLAN)(HRG 7/9) On a motion by Mr. Smith the Hearing is opened seconded by Mr. Rivera. Appearances Jillian Kubiak PUSH On a motion by Mrs Russell the Hearing is closed seconded by Mr. Scanlon Mrs. Russell moved to approve above item seconded by Mr. Rivera Mr. Golombek moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 18, 2013, be received and filed; and That the Common Council hereby approves the Land Disposition Agreement ( "LDA ") between the City of Buffalo and People United for Sustainable Housing, Inc. (PUSH) ( "Developer ") (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by PUSH) in consideration of Fourteen Thousand One Hundred Dollars ($14,100).00 for the properties located at 99 Chenango and 335 -339 Massachusetts, provided the following conditions are satisfied: 1. Submission by the Developer of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. 2. Submission by the Developer of a colored rendering of the project suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. 3. Submission of monthly progress reports by the Developer to the City's Division of Real Estate by the fifth of each month, beginning in the month following this designation. 4. Submission by the Developer to the City's Division of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the project, which shall be submitted prior to closing. 5. Payment of a designation fee of Two Hundred Fifty Dollars ($250.00) per month ( "Designation Fee ") by Developer to the City's Division of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the property within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the property. 6. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every contractor hired by Developer that will access the property, for the purpose of determining, to Developer's satisfaction, the suitability of the property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the property. 7. The successful negotiation of a LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves this designation. 8. The Developer, and /or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Public Works, Parks and Streets) sole discretion. 9. Upon signing of the LDA, there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the purchase price. 10. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. 11. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 12. The terms and conditions of the final LDA shall be substantially similar to those outlined in the attached LDA. The final draft of the LDA shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning and the City of Buffalo Corporation Counsel's Office and the Common Council. The Common Council hereby authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA; authorizes the Mayor to execute the LDA for the City -owned properties located at 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100.00); authorizes the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title; and authorizes the Mayor to execute the deed and any other necessary closing documents for the transfer of title. PASSED AYES -8 NOES -0 NO. 82 HANDICAPPED RAMP WITHIN THE CITY RIGHT -OF -WAY — 1285 MAIN STREET (ELL)(DPW) (ITEM NO.11, C.C.P., JUNE 25, 2013) Mr. Golombek moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 19, 2013, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances, to issue a "Mere License" to Mr. William D. Paladino of Ellicott Development Company, owners of the property located at 1285 Main Street, to encroach City right -of -way with a handicap ramp that would extend five (5) from the building face and measure twenty (20) feet in length, upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the ramp be constructed so as not to be permanent in nature; and 4. That the applicant supply the Department of Public Works, Parks and Streets with a construction in street bond or certificate of insurance deeded sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. PASSED AYES -8 NOES -0 NO. 83 APPROVE LAND DISPOSITION AGREEMENT FOR 99 CHENANGO AND 335 -339 MASSACHUSETTS TO PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. (ITEM NO. 66, C.C.P. JUNE 25, 2013) Mr. Rivera moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby approves the Land Disposition Agreement (LDA) and sale of 99 Chenango and 355 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars $14,100.00) to People United for Sustainable Housing, Inc. (PUSH), subject to the conditions that must be satisfied in accordance with the LDA; and that The Common Council hereby authorizes and approves the following: 1. The LDA previously submitted to the Common Council and the sale of 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100.00), providing the terms and conditions of the LDA have been satisfied. PUSH has also agreed to pay for all costs associated with the sale and transfer of title including, but not limited to, transfer tax, recording fees and the costs to file the deed, in accordance with the terms upon which the offer was submitted. 2. Authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA. 3. Authorizes the Mayor to execute the LDA for the City -owned properties located at 99 Chenango and 355 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100.00). 4. Authorizes the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title. 5. Authorizes the Mayor to execute the deed and any other necessary closing documents for the transfer of title. PASSED AYES - 8 NOES — 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 84 USED CAR DEALER — 1225 SYCAMORE (FILL)(DPIS) (ITEM NO. 4, C.C.P., JUNE 25, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Economic Development, Permit and Inspection Services, dated June 19, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Brenetta Mixon d /b /a B. P. Global Funds Inc., located at 1225 Sycamore. PASSED AYES -8 NOES -0 NO. 85 DENIED INSTALLATION OF NEW AWNINGS AT 295 MAIN ST (FILL)(PRES BD)(PUB HRG 7/2) (C.C.P. #3, JUNE 11) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED. NO. 86 S. HAWRAMY, OWNER, TO USE 1175 HERTEL AVENUE TO ALTER USE AND STRUCTURAL MODIFICATIONS OF AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 80, C.C.P., JUNE 11, 2013) Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 87 FOOD STORE LICENSE RENEWALS (EDPI)(EXC APP LIST) (C.C.P #124, MARCH 19)(#16,1/8) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 88 ORDINANCE AMENDMENT — SECTION 103 -38 — GENERAL METHOD OF DEMOLITION (ITEM NO. 131, C.C.P., JUNE 11, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be received and filed; That paragraph 1 of subdivision A of §103 -38 of the Code of the City of Buffalo be amended as specified in the attached Ordinance Amendment. PASSED AYES -8 NOES -0 RESOLUTIONS NO. 89 SPONSORED BY: COUNCILMEMBER FONTANA APPROVING THE DESIGNATION OF THE INDIVIDUAL TO WHOM THE SECRETARY OF STATE MUST MAIL NOTICES OF CLAIM FILED AGAINST THE CITY OF BUFFALO WHEREAS, On December 17, 2012, Governor Andrew Cuomo signed the Uniform Notice of Claim Act into law, which Act became effective on June 15, 2013, and allows Notices of Claim against public corporations to be served on the New York Secretary of State as an agent for New York's public corporations; and WHEREAS, pursuant to the Act, the New York Department of State will forward any Notice of Claim served on it to the individual the public corporation designates to receive the Notices of Claim; and WHEREAS, to effectuate this new method of serving Notices of Claim on public corporations, state law requires each public corporation to file with the Department of State a certificate that (a) designates the Secretary of State as the local government's agent for service of Notices of Claim, and (b) provides the name and address of a designee to whom the Secretary of State will forward the Notices of Claim; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council does hereby designate Corporation Counsel Timothy A. Ball, and his successors in office, as the designee to whom the Secretary of State shall forward all Notices of Claim filed against the City of Buffalo. Richard A. Fontana PASSED AYES - 8 NOES — 0 NO. 90 SPONSOR: COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER RICHARD A. FONTANA AND COUNCILMEMBER FRANCZYK BRING FARMING BACK TO THE CITY WITH THE RIGHT TO FARM LAW DATE: JULY 9, 2013 Whereas: Agriculture is a vital component of any city's infrastructure because it is a livelihood that provides employment, and promotes economic stability and environmental quality. Farming is a major occupation in Erie County, offering employment and self- sufficiency for thousands of residents. It remains the single largest industry in New York State; and Whereas: The 2011 State Agricultural Overview for New York State reinforces these claims: There are a total of 36,000 farms in the State of New York. New York ranks 3 rd overall in the nation for milk production and is consistently in the Top 5 producers for crops like apples, grapes, pears, squash, cauliflower, corn for silage, fresh sweet corn and maple; and Whereas: The Right to Farm Law would afford protection to farmers that allows farming to proceed and be undertaken, free of unreasonable and unwarranted interference or restrictions; and Whereas: Farmers are responsible for the care of livestock, land, air and water quality and product quality. Their success is directly dependent upon maintaining and upholding the highest standards of quality, conducted in conformity with all local, state and federal laws and regulations; and Whereas: Numerous other towns in Erie County have had success with implementing their own versions of the Right to Farm Law, including the Towns of Marilla, Grand Island, Lancaster and Clarence, and Whereas: The City of Buffalo could find similar success by introducing The Right to Farm Law into the City Charter; and Now Therefore Be It Resolved: That the Common Council request of the Law Department and Legislation Committee to research legislation from neighboring towns that have successfully implemented the Right to Farm law into their charters; and Now Therefore Be It Further Resolved: That the Common Council request of the Law Department, Upon completing sufficient research, draft a version of the Right to Farm Law for the City of Buffalo Charter; and Be It Finally Resolved: That copies of this resolution be referred to the Comptroller's Office, Department of Public Works, Law Department and Public Service Commission. REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. FONTANA NO. 91 EXCUSE COUNCILMEMBER LOCURTO FROM COMMON COUNCIL MEETING Be It Resolved: The Common Council of the City of Buffalo hereby excuses Delaware District Councilmember Michael J. LoCurto from attendance at the regular meeting of the Common Council held Tuesday, July 9, 2013. Richard A. Fontana Council President ADOPTED NO. 92 RESOLUTION COUNCIL MEMBER DAVID A. FRANCZYK AND COUNCIL MEMBER DARIUS G. PRIDGEN WAIVE TENT PERMIT FEE FOR 2013 BUFFALO BREWFEST EVENT Whereas: On Friday, August 9 th between 5:30 and 9:3Opm the 2013 BUFFALO BREWFEST Event takes place in the heart of downtown Buffalo at the First Niagara Center (Lobby, second floor, and outdoor brewer area); and Whereas: The BUFFALO BREWFEST proudly carries on the tradition of helping worthy causes such as the Buffalo Hearing & Speech Center Foundation; and Whereas: The 2013 BUFFALO BREWFEST features over 150 special craft beers and offers the opportunity to compare the various styles of beer side -by side and the opportunity to discover your favorite; and Whereas: This year's event will once again include a full second floor of brewers, and outdoor brewer area, raffles, giveaways, and much more. Now, Therefore Be It Resolved: That the Common Council hereby requests that the Bureau of Fire Prevention waive the tent permit fees associated with the 2013 BUFFALO BREWFEST; and Be It Further Resolved: That a copy of this Resolution be sent to the Bureau of Fire Prevention and Special Events PASSED AYES -8 NOES -0 NO. 93 NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK, JR. & ALL COUNCILMEMBERS CALL FOR THE CONSTRUCTION OF ECC'S PROPOSED HEALTH SCIENCES FACILITY AT THE CITY CAMPUS Whereas County Executive Mark C. Poloncarz has endorsed a $30 million proposal to expand Erie Community College (ECC)'s North Campus in Amherst; and, Whereas In spite of the fact that 47% of ECC students live in the City of Buffalo, the City Campus is still the smallest of ECC's three - campus system and, due to its limited programs, serves only 25% of ECC's students; and, Whereas ECC's expansion is a once -in -a- generation opportunity to shift ECC's health sciences programs to the City Campus, steps away from the Buffalo Niagara Medical Campus; and, Whereas Such a shift which would allow Erie Community College to leverage SUNY's investments in a new Medical School, boost the region's fastest growing job sector, and better advance the college's mission of "providing access to all "; and, Whereas The American Association of Community Colleges reports that more than 50% of health sciences workers in the United States are trained at community colleges, yet ECC is not yet playing any direct role in the development of the Buffalo Niagara Medical Campus; and, Whereas The majority of programs slated for ECC's proposed expansion are in health - related fields that belong near the Buffalo Niagara Medical Campus, where access to jobs, internships, and public transit are abundant, not eight miles away on Youngs Rd.; and, Whereas The ECC Program Needs Analysis and Space Utilization Assessment (2013), recently released by the Poloncarz administration, incorrectly states that land acquisition would be necessary for expansion of the City Campus; and, Whereas 100 N. Division St., a 1.3 -acre, 178 -space surface parking lot, was purchased in 2002 by Erie County for $3.1 million to facilitate City Campus expansion, and is perfectly suited for ECC's proposed health sciences facility; and, Whereas A crisis in Buffalo's public school student achievement, as well as the disproportionate poverty and unemployment of youth in Buffalo compared to the region as a whole, highlight more than ever the need for the State of New York, Erie County, and the State University of New York's community college system to focus resources and attention where the need is greatest; and, Therefore, Be It Resolved: That the Common Council calls for the construction of ECC's proposed health sciences facility at the City Campus; and, Be It Further Resolved: That the Common Council calls on County Executive Poloncarz and ECC's Board of Trustees to give strong consideration to locating such a facility at i00 N. Division St., to both maximize returns on investment to County taxpayers who paid for the site, and to take advantage of the most obvious expansion opportunity adjacent to the City Campus; and, Be It Further Resolved: That the Common Council invites the ECC Board of Trustees to consider other downtown sites, such as the City -owned parcel at 201 Ellicott St., for the kind of expansion that will ensure the City Campus becomes the flagship, rather than the smallest, of ECC's three campuses; and, Be It Further Resolved: That the Common Council calls upon Governor Andrew M. Cuomo and the Western New York delegation of the New York State Senate and Assembly to shift the State's $15 million share for ECC's expansion to the City Campus, where both the need and the return on investment are greatest; and, Be It Finally Resolved: That the Common Council requests this resolution be forwarded to Governor Andrew M. Cuomo, every member of the New York State Senate and Assembly, Erie County Executive Mark C. Poloncarz, every member of the Erie County Legislature, ECC President Jack Quinn, and the ECC Board of Trustees. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 94 SPONSORS: NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK, JR. EXTENDING THE PUBLIC COMMENT PERIOD FOR THE SCOPING PHASE OF THE ENVIRONMENTAL IMPACT STATEMENT FOR THE NY GATEWAY CONNECTIONS IMPROVEMENT PROJECT Whereas The U.S. Federal Highway Administration' and the New York State Department of Transportation are conducting an Environmental Impact Statement for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza in accordance with their responsibilities under the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act; and, Whereas The current deadline for public comment regarding the scoping phase of the NY Gateway Connection Improvement Project is July 11, 2013; and , Whereas The precarious relationship between the State of New York, Canadian officials, and the Peace Bridge Authority has led to confusion and ambiguity for the citizens of Buffalo about the outcome of the many projects being proposed; and, Whereas Outreach has been minimal and included such methods as a small advertisement in the classified section of the Buffalo News, one public scoping meeting held during a time in which many members of the public were unavailable and unable to attend due to conflicting work schedules, the distribution of only 500 fliers to a community of 15,000 citizens, and minimal information available on the internet; and, Whereas Of the 15,000 residents who live within a one -mile radius of the project site, 10% have no English or Spanish language proficiency, but speak one of over 40 other languages. However, the U.S. Federal Highway Administration and the New York State Department of Transportation have only issued project materials in English and Spanish, excluding 10% of the entire population from accessing project materials; and, Whereas Pursuant to the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act, the U.S. Federal Highway Administration and the New York State Department of Transportation, respectively, have the authority to extend the deadline for public comment periods and have done so in the past under circumstances far less complicated than that which surrounds this project; and, Whereas Denying the public enough time to review project materials and respond appropriately under these circumstances would place an unnecessary hardship on a community that has actively participated in the public process involving the Peace Bridge crossing for over 20 years; and, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally requests that the U.S. Federal Highway Administration and the New York State Department of Transportation extend the public comment period for the NY Gateway Connections Improvement Project to the U.S. Plaza for an additional 30 days, from July 11, 2013 to August 10, 2013; further publicize the project materials and website, and the community's ability to provide comment; and perform outreach to the 10% of nearby residents who have no English or Spanish proficiency. "Be it Finally Resolved: That a copy of this resolution be forwarded to Administrator Victor M. Mendez of the U.S. Federal Highway Administration, Commissioner Joan McDonald of the New York State Department of Transportation, and Daniel Street, Robert Davies, and Maria Lehman of the of the New York State Department of Transportation. ADOPTED NO. 96 BY: ELLIICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN SPECIAL EVENTS WAIVER PERMIT FEE FOR THE 44 ANNUAL GREASE POLE EVENT DATE: JULY 2, 2013 Whereas Tile Annual 44 Grease Pole Fundraiser Event will be held Friday, July 19, 2013 from 5pm -11 pm, also on Saturday, July 20, 2013, from 12N -11 pm, and on Sunday, 12N- 11 pm at the 01 iveneia Community Center, 261 Swan Street; and Whereas Admission is free and open to the community. Foods, rides, hamburgers, hot dogs, and water will be sold. Proceeds are going to the Olivencia Community Center, 261 Swan Street; and Whereas Free music will also be provided. In addition, different community vendors and community informational booths where products are showcased and positive information and /or services will be available; and Whereas there will be grease pole competition teams with different organizations competing for prizes, and Whereas The events will be held rain or shine, and Now Therefore Be It Resolved: That copies of this event will be sent to the Department of Permits & Inspection, the Department of Public Works, and the Department of Special Events. PASSED AYES -8 NOES -0 NO. 96 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN SPECIAL EVENTS WAIVER PERMIT FEE FOR THE FESTIVAL FOLKLORICO Whereas The Festival Folklorico presented by Amor & Heritage Traditional Dance Company will be held on Friday, July 19, 2013 and August 9, 2013 from 5 -9 pm at the Canalside; and Whereas This event sponsored by Erie Canal Harbor Development Corporation and Amor and Heritage Traditional Dance Company will feature South American and Caribbean folkloric dances, arts and crafts, food vendors and Latino music; and Whereas The events are free and family oriented. The event will show case cultural diversity in a way that is not only accepting, but celebrated; and Whereas The proceeds received from foods purchased from the vendors will help to provide scholarships to the Amor & Heritage Dancers; and Whereas The event will be held rain or shine; and Now Therefore Be It Resolved: That copies of this event will be sent to the Department of Permits & Inspection, the Department of Public Works, and the Department of Special Events. PASSED AYES -8 NOES -0 NO. 97 BY: COUNCILMEMBER RIVERA FEE WAIVER AND USE OF RESIDENTIAL AREA PARKING PROGRAM LOT AT 182 GRANT STREET FOR HEALTH FAIR WHEREAS, ON JULY 20, 2023 PRIMERA IGLESIA METODISTA NUEVA VISION WILL CONDUCT A HEALTH FAIR; AND Whereas, the fair will have free health exams, screenings, and information on available programming in the area; and Whereas, the organization is a 502(c)3 non - profit corporation; and Whereas, the purpose of this event is to provide basic, preliminary health services, information on healthy living and increase awareness of health - related issues. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events permit fee associated with this event; and Be It Further Resolved, the Common Council approves the use of the RAPP lot at i82 Grant for a health fair; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Special Events Office and the Parking Department. Councilmember David Rivera PASSED AYES -8 NOES -0 NO. 98 SPONSORED BY: COUNCILMEMBER RIVERA 1 MASSACHUSETTS AVENUE - FORMER EPISCOPAL CHURCH HOME PROPERTY Whereas: On July 2, 2013 the property at 1 Massachusetts Avenue was purchased by New York State from the Episcopal Church Homes and Affiliates; and Whereas: This property has been a neighborhood nuisance for many years, bringing blight to a residential neighborhood and attracting vandals to the vacant and minimally managed property; and Whereas: This property will now be managed and maintained by Empire State Development ('ESD "), the State's economic development agency, until plans for its future use are finalized; and Whereas: The property contains two City landmarked buildings, the Hutchison Memorial Chapel and Thornton Memorial Hall. The Chapel was constructed in 1895 and Thornton Memorial Hall was designed by Buffalo architect Henry Osgood Holland and constructed in 1905; and Whereas: Both buildings were landmarked by the Common Council in 1980 and hold historic value not just for their design and age, but also as a mark in time when religious institutions were the primary source for care of underserved populations; and Whereas: Many of the buildings on the property have fallen into disrepair and have become safety hazards, the most historic ones can still be saved Now, Therefore, Be It Resolved: The Common Council request and encourages the State to honor the City of Buffalo Historic Landmark status of the Hutchison Memorial Chapel and Thornton Memorial Hall and make every effort to preserve both of these buildings; and Be It Further Resolved: ESD ensures the safety and security of the entire property, understanding its recent problematic status in the community and makes every effort to ensure it will not be a source of blight and vandalism. Be It Finally Resolved: The Common Council directs the City Clerk to forward a copy of this resolution to Empire State Development. ADOPTED NO. 99 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR "LOVE THY NEIGHBOR WEEKEND TO REMEMBER" Whereas: From Friday, July 26 - Sunday, July 28, the Prince of Peace Christian Church will be celebrating its annual "Urban Community Outreach 2013 "; and Whereas: The purpose of the event will be to reach out to neighbors and diverse families with children of different nationalities to bring a message of love, faith, and hope; and Whereas: The feature of the event will be the "Family Fun Day Celebration on Saturday, July 27 from 12pm - 5pm. This event will consists of family friendly events and allow families to register for a free meal, receive groceries, clothes, and shoes; and Whereas: Community agencies will be present to distribute information on health, education, and job opportunities; and Whereas: The Prince of Peace Christian Church is a non - profit organization with limited income that serves those most in need of vital services. Now, Therefore, Be It Resolved: The Common Council request that the Special Events fee be waived for this event so as to allow the Church to devote its limited funds to ensure the events success; and Be It Further Resolved: The Common Council directs the City Clerk to forward a copy of this resolution to the Director of Special Events. PASSED AYES -8 NOES -0 NO. 100 BY: MR. RIVERA WAIVE OF PERMIT FEES FOR THE UNITED STATES MARINE CORPS, CHARLIE COMPANY, 1/25. Whereas: United States Marine Corps, Charlie Company, 1/25 (Charlie Company) is located at 3 Porter Avenue, will be holding its annual family day picnic; and Whereas: Charlie Company will be having a picnic to gather families of the military community to encourage solidarity and bonding amongst families; and Whereas: The company will use the shelter at Front Park from 11:00 am to 4:00 pm on Sunday, July 14, 2013. Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives the permit and special event fee associated with the United States Marine Corps, Charlie Company, 1/25 annual family picnic at Front Park on Sunday, July 14,2013; and Be It Further Resolved That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. PASSED AYES -8 NOES -0 BY: MS. RUSSELL NO. 101 1;�e1 wil /e10 4&1101. 4 Bill I iii 0i The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "D ", Local 282, is hereby amended to read as follows: Note: Old Salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM Timothy A. Ball Corporation Council This ordinance shall be effective July 1,2013. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. Schedule available for review in the City Clerk's Office We, Byron W. Brown, Mayor, Garnell Whitfield, Commissioner of Fire, Mark J.F. Schroeder, Comptroller and Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the change in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES -8 NOES -0 NO. 102 MR. SCANLON AND MR. FRANCZYK PERMISSION TO HANG BANNER ON ABBOTT ROAD TO PROMOTE THE CELTIC CHALLENGE Whereas The Celtic Challenge, a 4 -mile road race, is being held on August 23, 2013, and raises funds for the Buffalo St. Patrick's Day Parade; and Whereas The race route for the Celtic Challenge will begin and end at Riverfest Park, 200 Ohio Street, and travel past several notable sites in the Old First Ward. The race also extends into downtown Buffalo, including Canalside, the Naval and Military Park and the Irish Famine Memorial; and Whereas In order to promote this special event, the United Irish American Association has requested permission to hand a banner promoting the event. The banner will hang across Abbott Road, at light pole #586 and #10, which is located at the edge of the Timothy J. Burvid Ice Rink parking lot; and Whereas The banner will be hung from July 12, 2013 through August 30, 2013; and The City of Buffalo proudly supports the Celtic Challenge and their efforts to promote and raise funds for the St. Patrick's Day Parade; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Celtic Challenge to hang an informational banner across Abbott Road at pole number #586 and #10, located at the edge of the Timothy J. Burvid Ice Rink parking lot to promote the Celtic Challenge. The banner will be installed on July 12, 2013 and stay up until August 30, 2013; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES -8 NOES -0 NO. 103 BY: MR. SCANLON TRAILBLAZING SIGN REQUEST FOR MARGARET (MARGE) NIGRELLI DATE: JULY 2, 2013 Whereas Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; mad Whereas Margaret (Marge) A. McCarthy was born and raised ill Buffalo. In 1957, Marge met her future husband Joseph Nigrelli, while at Crystal Beach; and Whereas The Nigrelli family has a long history of selfless service to New York State, the City of Buffalo and South Buffalo, demonstrated by Joseph and three &his and Marge's sons decisions to dedicate their lives to law enforcement; and Whereas As one of the founding members of the Bloomfield Avenue Block Club, Marge deeply cared about her neighborhood; and Whereas Marge organized and helped run one of the largest National Night Out Community gatherings in South Buffalo. Her feelings were that when people know who their neighbors are they are more willing to take an active role in keeping their community stable and safe; and Whereas Placing a trailblazing sign at the corner of Bloomfield Avenue and McKinley Parkway is an appropriate way to pay tribute to the life and work of Margaret (Marge) Nigrelli, a true community leader who will be missed; Now, Therefore be it Resolved: That the Common Council joins the Nigrelli family in mourning the passing of Margaret A. Nigrelli and offers their sincere condolences to Marge's family and many friends; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the installation of a trailblazing sign at the corner of Bloomfield Avenue and McKinley Parkway as "Marge Nigrelli Way "; and Be it Finally Resolved: That the Department of Public Works is directed to erect the sign once all requirements and fees associated with the posting of a trailblazing sign have been satisfied. PASSED AYES -8 NOES -0 NO. 104 SPONSOR: COUNCIL MEMBER DEMONE A. SMITH WAIVE SPECIAL EVENT PARK FEE FOR ELLICOTT MALL REUNION COMMUNITY DAY WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS: The Ellicott Mail Reunion Community Day will be held on Saturday, August 10, 2013 (rain date August 11, 2013) in JFK Park; and NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council waives the Special Event Park Fee associated with the Ellicott Mail Reunion Community Day to be held on Saturday, August 10, 2013 (rain date August 11, 2013) at the JFK Park; and BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the City of Buffalo Department of Public Works, Parks and Streets. PASSED AYES -8 NOES -0 NO. 106 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, July 16, 2013 at 9:45 o'clock A.M. Committee on Finance Tuesday, July 16, 2013 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, July 16, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 16, 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. 106 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:28 PM GERALD A. CHWALINSKI CITY CLERK