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Home My WebLink About13-0903NO. 16 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 3, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG u_ •! MAYOR - EXECUTIVE DATE September 3, 2013 FINAL CORRECTED PUBLIC WORKS 1. Cit Serv- Submission of Monthly Report-July 2013 R &F Application for State Assistance for Household Hazardous Waste State 2. Plan Bd -SEQR- Negative Declaration- 630 -658 Seneca St(Fill) R &F 3- 2A Application for Landmark/Landmark Site651 Broadway(Ell)(hrg 09/24) LEG 4- 3. Strat Plan -SEQR- Proposed Installation of Comm Tower -523 & 535 Parking Lot Northampton(Ell) LEG 5- 4. Strat Plan- Approval to Amend LDA Btwn COB and 663 E. Ferry(Mas) APP 6- 5. Strat Plan -Report of Sale -188 Gibson(Fill) APP 7- 6. Strat Plan -Report of Sale -76 Kosciuszko(Fill) APP 8- 7. Strat Plan -Report of Sale -81 Marshall(Mas) APP 9- 8. Report of Sale -39 Sobieski(Fill) APP COMPTROLLER 25- 23. 10- 9. Bond Account Closeout -Water Authority APP 11- 10. Comptrollers Estimate and Report-2014 Capital Improvement Budget R &F 12- 11. Interfund Cash Loan $60,000.00 APP 13- 12. Interfund Loan -Erie Basin Marina $470,467 APP ASSESSMENT APP 14- 13. Request Approval of Certificate of Adjusted Base Proportions -2013 Roll APP 15- 14. Request Approval of Certificate of Current Base Proportions -2013 Roll APP 16- 15. Tax Cancelation- 2013 -14 APP PUBLIC WORKS 17- 16. Application for State Assistance for Household Hazardous Waste State Assistance Program APP 18- 17. Authorize Lease for Placement of Electric Vehicle Charging Station in Zoo Parking Lot APP 19- 18. Change in Contract -City Bldg Facilities Renewable Energy& Energy Updates APP 20- 19. Change in Contract -60 Hedley PI Reconstruction -Phase II(Mas) APP 21- 20. Change in Contract - Parkside Lodge at Delaware Park - Window Repl(Del) APP 22- 21. Change in Contract -Tosh Collins Ice Rink Modifications(South) APP 23- 21A Change in Contract -Coca Cola Field -Sound System(Ell) CD 24- 22. Proposed Encroachments With City ROW -425 Jersy St(Nia) APP 25- 23. Permission to Engage Services- Consulting Eng Former Squaw Island APP 26- 24. Permission to Enter Agreements, Design and Construction Bflo Nia Medical Campus -Phase III -Allen St Extension Project APP 27- 25. Permission to Enter Agreement -Bflo Outer Harbor Trail -Phase II(Fill,South) APP 28- 26. Permission to Increase Consultant Contract - Kenmore Ave Reconst Project APP 29- 27. Permission to Increase Contract -Mass Ave Park -Phase II(Nia) APP 30- 28. Permission to Negotiate /Acquire ROW Parcels - Bailey Ave Bridges -Bflo River Caz Creek Project(South) APP 31- 29. Report of Bids - Bridge Bearing Repair /Replacement at Two Bridges APP 32- 29A. Report of Bids - City -Wide Sidewalk Replacement -2013 APP 33- 29B. Report of Bids -North District Curb & Sidewalk Replacement APP 34- 30. Report of Bids - Public Facilities Improvements -Park Shelter Dewey & Roosevelt Park APP 35- 31. Report of Bids - Public Facilities Improvements -Park Shelter Bldg Roofs (Var) APP 36- 32. Report of Bids - Shea's Performing Arts Center- Exterior(Ell) APP 37- 33. Request to Purchase Equipment - Utility Trailor, 32 Yard Leach Refuse Body APP 38- 34. Request to Purchase Vehicles -Pick Up Truck APP 39- 35. Extend contract(1) Year - SUNNKING Electronics Recycling APP 40- 36. Appoint Laborer II(Temp)(Inter)(Orcutt) CS 41- 37. Appoint Supervisor of Street Sanitation (Temp)(Inter)(Driscoll) CS 42- 38. Appoint Associate Account Clerk(Prov)(Inter)(Gray) CS POLICE 43- 39. Drug Asset Forfeiture Wire Transfers R &F 44- 39A Interest Arbitration Between COB & PBA R &F PERMITS AND INSPECTIONS 45- 40. Used Car Dealer -2687 Bailey(Univ) LEG 46- 41. Approve Restricted Use Permit 67 W. Chippewa- 09/06/2013(Ell) R &F ADMINISTRATION AND FINANCE 47- 41A Permission to Contract Auction Services APP CITY CLERK 48- 42. Restricted Use Permit -75 W. Chippewa- 09/06/2013(Ell) DENY 49- 43. Restricted Use Permit -69 W. Chippewa- 09/19/2013 LEG 50- 44. Restricted Use Permit -69 W. Chippewa- 10/10/2013 LEG 51- 45. Restricted Use Permit -69 W. Chippewa- 10/31/2013 LEG 52- 46. Restricted Use Permit -69 W. Chippewa- 11/14/2013 LEG 53- 47. Liquor License Applications R &F 54- 48. Leaves of Absence R &F 55- 49. Reports of Attendance R &F 56- 50. Notices of Appointments - Council Interns ADOPT 57- 51. Appoint Sr Legislative Assistant(South)(Sperber) ADOPT 58- 52. Appoint Legislative Assistant(Del)(Weiss) ADOPT 59- 53. Notices of Appointment - Seasonal R &F 60- 54. Notices of Appointments- Temp /Prow /Perm CS MISCELLANEOUS 61- 55. C. Bannister- Request Perm to Discuss the New Registration Program for STAR FIN 62- 56. K. Brant - Request to Purchase Computer FIN 63- 57. Buffalo Water Board - Monthly Report July 2013 R &F 64- 58. L.P. Ciminelli Board Packet Documents - August 2013 ED 65- 59. R. Fontana -C. Mueller- Response From Time Warner Req 7/16 Legislation Meeting_ LEG 66- 60. R. Fontana -USPS Response Removal of Collection Boxes LEG 67- 60A House of Commons -Syria and the Use of Chemical Weapons R &F 68- 61. E. Kiszelewski- Hazardous Condition 68 Memorial Drive(Fill) PW 69- 62. NYSDEC - Brownfield Cleanup Program -275 Franklin(Ell) R &F 70- 63. NYSDEC - Brownfield Cleanup Program -432 Pearl St(Ell) R &F 71- 64. D. Paskie- NYSDOT- Accept Completed Work Union Ship Canal R &F 72- 65. M. Risman -T- Mobile Site Plan and Special Use Permit Application LEG 73- 66. B. Russell -J. Illos- Request Surveillance Camera Main and Hertel POL 74- 67. D. Smith - Article Ohio City Attracts Plaudits for Tackling Foreclosure Blight CD 75- 68. R. Tobe- Response Construction ECC `s Proposed Health Sciences Facility CD PETITIONS 76- 69. E. Gelley, Owner, Use 488 Franklin to Convert a Business to a Restaurant in the Allen St. Special District(Fill)(hrg 09/10) LEG,CPBD 77- 70. K. Kinan, Owner, Use 478 Elmwood to Reestablish Use of A Sit in Restaurant(Nia)(hrg 09/10) LEG,CPBD 78- 71. J. Kobylanski, Agent, Use 1488 Hertel for a Restaurant in the Hertel Ave Business District(Del)(hrg 09/10) LEG,CPBD RESOLUTIONS 96- 72. Fontana Sale of Vacant Lot to Homeowners on Brinkman Ave CD,RE 97- 73. Fontana Waive Park Application Fee E. Lovejoy Coalition of Neighbors National Night Out APP 98- 74. Fontana Waive Event Permit Fee -9/11 Memorial to the Fallen Heroes and Victims of Sept 11, 2001 APP 99- 75. Golombek Waive Park Fees for Black Rock - Riverside Neighborhood Housing APP 100- 76. Golombek Waive St Closing Fees The USA National Masters Champion Fleet Feet 15K Run APP 101- 77. Golombek Waive Special Event Permit Fees - Lantern Light Canoe Parade APP 102- 77A. LoCurto Appoint Legislative Aide(Bishop) ADOPT 103- 78. LoCurto Waive Permit Fees for the Bflo Seminary Back to School Picnic APP 104- 79. LoCurto Waive Permit Fees for the Elmwood Kiwanis Annual Fishing DerbyAPP 105- 80. LoCurto Waive Permit Fees - Bullying Stops Here - Delaware Park APP 106- 80AA Pridgen,etc Moratorium on Demolition -St. Ann's Roman Catholic Church ADOPT 107- 80A Rivera Application for Urban Initiative Grant -CFGB ADOPT 108- 80B Russell Salary and Wage Schedule C -PBA APP 109- 81. Scanlon,etc Support of the Old First Ward Comm Assoc NYS Main St Prog ADOPT 110- 82. Scanlon Waive Event Fees for Annual Lady of Charity Feast of the Assumption Mass & Ice Cream Social APP 111- 83. Scanlon Waive Event Fees for Poll Watcher Training and Instruction Class APP 112- 84. Scanlon Waive Event Fee for Woodside United Methodist Church Picnic APP 113- 84A Smith Waive Park Rental and Event Fees - Prayer in the Park APP 114- 85. Smith Felicitations in Memoriam ADOPT 115- 86. Smith Comm of Deeds - Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 79- 1. Com 39 July 23 Appoint Park Utility Worker (Prov)(Inter)(Jaeckle)(PW) APP 80- 2. Com 40 July 23 Appoint Assistant Filtration Plant Operator (Temp)(Inter)(Machin)(PW)APP 81- 3. Com 41 July 23 Appoint Filtration Plant Operator (Prov)(Inter)(Janicki)(PW) APP 82- 4. Com 42 July 23 Appoint Water Line Inspector (Perm)(Inter)(Abbate)(PW) APP 83- 5. Com 48 July 23 Appoint Captain(Perm)(Gramaglia, Roberts)(Pol) APP 84- 6. Com 49 July 23 Appoint Detective(Perm)(Leone, Cardona II, Adams, Walker, Ruggerio, LEGISLATION 92- 14. Res 144 July 23 Ledwin, McCarthy, Frankel, Mayhook, Lopez)(Pol) APP 85- 7. Com 50 July 23 Appoint Detective Sergeant(Perm)(Mourgas, Lundin, Dunham(Pol) APP 86- 8. Com 51 July 23 Appoint Lieutenant(Perm)(Humiston, Thomas, Britzzalro, Lark, Kelly, 95- 17. No 75 July 23 LP Ciminelli -Board Packet Documents July 2013 R &F McLean Jr., Labedz, Dowell)(Pol) APP 87- 9. Com 52 July 23 Appoint Lieutenant(Cont Perm)(Cyrek, Beyer, LKangdon)(Pol) APP 88- 10.Com 73 July 23 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 89- 11. No 77 July 23 P. Lytle- Supplement to Applications by T- Mobile for Installation of Communication Tower located at 523 and 535 Northampton LEG 90- 12. No 84 July 23 D. Pridgen -UB School of Medicine and Biomedical Sciences Draft Envir Impact Statement R &F 91- 13. No 41 Apr 30 J. Gage - Modified General Project Plan- Public Hearing R &F LEGISLATION 92- 14. Res 144 July 23 Ordinance Amend- Sponsor Acknowledgments in MLK and Riverside ParksAPP 93- 15. No 59 May 14 Phillips Lytle, LLP- Application by T Mobile For Install of Communications Tower -523 & 535 Northampton St(Ell) RECOMMIT 94- 16. No 31 Jan 8 D. Pridgen -N. Amigone, Esq Letter of Apology Re 3172 Bailey R &F EDUCATION 95- 17. No 75 July 23 LP Ciminelli -Board Packet Documents July 2013 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 03, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent -- LoCurto -0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on July 23, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTHLY REPORT FOR JULY 2013 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for July of 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 2 SEQR- NEGATIVE DECLARATION- 630 -658 SENECA ST(FILL) 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 foUowin9 action as it relates to the environment: Action Title Parking Lot Larkinville Location 630 -658 Seneca St Type of Action: Unlisted - Uncoordinated Description: C &B Companies on behalfofSenecaLarkinTOt LLC are proposing the construction of a 300 car parking lot located at 630 -658 Seneca Street. Seneca Larkin 701, LLC has an agreement with the parcel owners to construct a new 300 plus car parking lot on a 2.35 acre site. The access drive /curb cut to the new lot ids directly opposite Larkin Avenue. The developer also owns the parking lot to the east. The plan includes interior green space as well as landscaped perimeter areas together with off- property buffer zones will be seeded. 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 a vacant lot that has been unused for many years as well as provide new employment opportunities during construction. The project will also ease parking concerns in the area as the Larkinville area continues to develop and grow. 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 - 716 861 -5085 RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 3 APPLICATION FOR LANDMARK /LANDMARK SITE 661 BROADWAY(ELL) (HRG 09/24) Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (7t6) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a. Three (3) copies of this application; b. One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c. A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d. Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: " * check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 651 Broadway 2. Name of Property (if any) St. Ann Church and Shrine REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO.4 RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR THE PROPOSED INSTALLATION OF COMMUNICATIONS TOWER AND RELATED EQUIPMENT BY T- MOBILE NORTHEAST LLC Project Name Application by T- Mobile Northeast LLC (7-Mobile" or "Applicant ") for installation of communications tower and related equipment at the property located at 523 and 535 Northampton Street, Buffalo, New York 14208 (the "Project "). Action Description T- Mobile intends to construct a new wireless telecommunications facility ( "Facility ") to replace a site that was recently decommissioned at Deaconess Hospital on Humboldt Parkway (the Hospital was demolished). The Project requires site plan review and a Restricted Use Permit ( "RUP') pursuant to the Charter and Code of the City of Buffalo ( "Code "). The Facility will consist of a 90' monopole, with six (6) antennas initially (ultimately nine (9)), at a centerline height of 90' and a base transceiver station with three cabinets within a screened and landscaped fenced area. The Project will replace a temporary site consisting of a cell tower on wheels (trailer with 86' guyed monopole) currently located at 533 Northampton Street. Location 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site "). SEQR Status Type I_ Unlisted XX Determination of Significance Negative Declaration - - -- Positive Declaration WHEREAS, on May 2, 2013, T- Mobile submitted a letter of intent with supporting documentation ( "Letter of Intent ") to: (1)the City of Buffalo Common Council ( "Common Council ") requesting an RUP; and (2) the City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval for the Project; WHEREAS, the Planning Board has broad authority over this Project with discretion to approve or disapprove the site plans or to impose appropriate conditions including any conditions necessary to mitigate any potentially adverse environmental impacts associated with the Project; WHEREAS, the Planning Board has been designated as lead agency in a coordinated SEQRA review of the Project; and WHEREAS, at its regular meeting on May 21, 2013 the Planning Board held a public hearing on the Project; and WHEREAS, representatives of the Community Action Organization ( "CAO ") voiced concerns over the Project; and WHEREAS, T- Mobile submitted revised site plans, photographs, and a revised Short Environmental Assessment Form ( "EAF ") on July 15, 2013 to reflect a new proposed location for the Project at the Site that was a result of a meeting with the CAO ( "Updated Letter of Intent "); and WHEREAS, the Project is an Unlisted Action pursuant to Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as " SEQRA'); as it does not involve a physical change to 10 or more acres; does not involve an expansion of an existing facility by more than 120,000 square feet of gross floor area; and does not otherwise exceed any of the thresholds found in 6 NYCRR 617.4; WHEREAS, the Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project including the revised EAF dated July 9, 2013; the Letter of Intent requesting site plan approval dated May 2, 2013, the Updated Letter of Intent dated July 15, 2013 and all supporting exhibits thereto; and having considered the comments and points of view of the public; WHEREAS, a thorough analysis of the potential environmental impacts reveals that, where necessary, all adverse impacts have been mitigated to the greatest extent possible by the design of the Project and that none of these impacts will be significant. WHEREAS, it is appropriate that the Planning Board issue a negative declaration for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE PLANNING BOARD AS FOLLOWS: 1. The Project will not have a significant adverse impact upon land. The Project will take place within a parcel of land zoned R2 Dwelling, where telecommunications facilities are permitted with an RUP under Section 511 -158 and 511 -55 of the Code. There will be minimal impact upon topography within the area to be disturbed. The Project does not involve construction on steep slopes. Thus, the Project will not have a significant adverse impact upon land. 2. The Project will not have a significant adverse impact to water. There are no surface water bodies in or adjacent to the Project site or on any adjacent properties. 3. The Project will not have an adverse impact upon air quality. There will be no significant air emissions from the Project and no air pollution permits will be required from local, state or federal authorities. 4. The Project will not have a significant adverse impact upon plants and animals. There are no on -site animal habitats, threatened or endangered species or endangered vegetation of any kind. The surrounding areas are residential or commercial zones, which do not provide environments that promote large animal populations or dense vegetation growth. 5. The Project will not have a significant adverse impact upon human health. The Facility will be operated in accordance with all Federa! Communications Commission standards for limiting human exposure to radio frequency electromagnetic fields. Based upon the above, the Project will not create a significant hazard to human health. 6. There are no agricultural resources within the Project area. Thus, the Project will not have a significant adverse impact upon agricultural resources. 7. The Project will not have a significant adverse impact upon aesthetic resources. There will be no reduction in an aesthetic resource or enjoyment of the aesthetic qualities in the area. There are visually similar projects with 1/2 mile of the Site (See Visual Addendum of EAF). The Project will be replacing an existing 86 foot guyed monopole cell tower on wheels at 533 Northampton. The location on the Site was moved in response to concerns regarding screening. The fenced area surrounding the Facility will be screened and landscaped. The size of the compound was significantly reduced. To the north and west of the proposed monopole is a heavily- vegetated area. There is a berm to the south with apple trees atop the berm. The Project also involves adding arbor vitae, apple trees and maple trees for additional screening. Thus, the Project is adequately screened and will not have a significant adverse impact upon aesthetic resources. 8. The Project will not have a significant adverse impact upon cultural resources in or eligible for inclusion in the State or National Register of Historic Places. Though the Project wilt be visible from a site listed on the National or State Register of Historic Places, there are visually similar projects with 1/2 mile of the Site, including an 86 foot guyed monopole cell tower on wheels at 533 Northampton. Thus, the Project will not have a significant adverse impact to cultural resources. 9. The Project will not have a significant adverse impact upon open space or recreation. The Site is not currently open for public use. The Project will not adversely affect the quantity or quality of existing or future open spaces or recreational resources. 10. There are no Critical Environmental Areas, as defined by 6 NYCRR 617.14(g), on or near the Property. Therefore, there will be no significant adverse impacts to Critical Environmental Areas. 11. The Project will not have a significant adverse impact upon transportation. The Project is not expected to increase traffic on surrounding roadways during installation or upon completion. 12. The Project will not have a significant adverse impact upon energy. The proposed Project will not cause a significant increase in the use of any form of energy; therefore, the community's fuel or energy supply will not be adversely impacted by the Project. 13. With respect to noise impacts, the only potential adverse noise generated from the Project will occur during the construction phase of the Project. The Project will not produce operating noise exceeding local ambient noise levels. Construction activities will comply with applicable noise ordinances and laws. The noise impacts will occur solely during daytime hours when noise sensitivity is typically lowest. Any noise impacts will be limited, temporary and short -term, and will not have a significant adverse impact upon the environment. 14. The Project will not result in any odor impacts. The Project will not generate any noticeable odors. 15. The Project will have little or no impact on the surrounding community character. Visually similar projects are located within 1/2 mile of the Site (See Visual Addendum of EAF), and the Project will replace an 86 foot guyed monopole cell tower on wheels at 533 Northampton. The effects of the project would not displace businesses or residences or change roadways or vehicular or pedestrian travel patterns. The Facility meets the one - hundred- percent -clear zone requirement, meaning that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the parcels on which it is located (523 and 535 Northampton Street).The fenced in area will be landscaped and screened from adjoining residential structures and the St. Martin De Porres Roman Catholic Church, located adjacent to the Site. Therefore, the Project will not result in a significant adverse impact to community character. 16. Considering all of the above, the proposal by T- Mobile to construct and operate the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQRA is hereby issued. 17. This Negative Declaration has been prepared in accordance with the requirements of SEQRA (Article 8 of the Environmental Conservation Law). Supporting Documentation: 1. Letter of Intent from Phillips Lytle, LLP on behalf of T- Mobile, dated May 2, 2013 including all exhibits attached thereto. 2. Updated Letter of Intent from Phillips Lytle LLP on behalf of T- Mobile, dated May 15, 2013 including all exhibits attached thereto. This Resolution was adopted by a majority vote of the Planning Board on 2013 and shall serve as the Negative Declaration (as defined in 6 NYCRR 617(2(y)— for the Project and is issued by the Planning Board, acting as lead agency, in an coordinated environmental impact review pursuant to SEQRA. Copies of this resolution shall be filed with the Planning Board via the City Clerk of the City of Buffalo. For Further Information Contact: The City of Buffalo Plarming Board Martin Grunzweig Land Use Control Coordinator Room 901 City Hall Buffalo, New York 716 - 851 -5085 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 5 APPROVAL TO AMEND LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO AND 663 E. FERRY DG, LLC TO INCLUDE ADDITIONAL LAND AND TO ABANDON & SELL A PORTION OF 1489 FILLMORE. MASTEN DISTRICT ITEM NO. 7, C.C.P. 4/2/13 AND ITEM NO. 10, C.C.P. 7/9/13 Pursuant to Item No. 10, C.C.P. 7/9/2013 Your Honorable Body approved the LDA between the City of Buffalo and 663 E. Ferry DG, LLC ( "Developer ") (subject to Developer's right to designate a different corporation, partnership or other legal entity as developer and acceptable to the Executive Director of the Office of Strategic Planning) for the purchase of 663 East Ferry in order to construct a Dollar General Store ( "Project "). The Developer has contacted this office and advised that they need to purchase from the City additional adjoining land for a tractor trailer delivery and truck turn around. They are proposing to purchase a portion of excess land located at 1489 Fillmore (police station), which is located on the corner of Fillmore and East Ferry and adjacent to 663 East Ferry. This additional land is intended to be accommodated at the southwest corner of the original site located at 663 East Ferry, encompassing an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 sq. ft +/- (.50 Acres) of 1489 Fillmore. The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final surveys to be prepared. The Office of Strategic Planning Land Use Planning Committee, Department of Public Works and the Police Department have no objections to the sale of a portion of 1489 Fillmore. The Developer commissioned Gregory Klauk, Appraiser to estimate the value of the additional land being requested and he has estimated the fair market value of the subject property to be Eight Thousand Dollars ($8,000.00) or Three Dollars and Sixty - Six Cents ($3.66) per sq. ft. 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 Three Dollars and Sixty -Six Cents ($3.66) per sq. ft. I am recommending that Your Honorable Body: 1. Authorize the abandonment and sale of a portion of 1489 Fillmore (Police Station) land (approximately 2,181 sq. ft. + / -) for the amount of Three Dollars and Sixty -Six ($3.66) per sq. ft. to 663 E. Ferry DG, LLC or an entity designated by 663 E. Ferry DG, LLC., provided all of the conditions of the LDA are satisfied as indicated in Item No. 10, C.C.P. 7/9/2013. 2. Authorize the Mayor to execute the amended LDA, the deed and all related closing documents 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 for the amount of One Hundred Twenty Thousand Dollars ($120,000), plus Three Dollars and Sixty -Six Cents ($3.66) per square foot for a portion of 1489 Fillmore. The additional land to be purchased a portion of 1489 Fillmore encompasses an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 sq. ft +/- (.50 Acres). The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final surveys to be prepared. 3. 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 as amended; and 4. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amended LDA and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives (including but not limited to the deed and other documents necessary for the transfer title). Councilmember Pridgen is Recused from voting on this item Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 29, 2013, be received and filed; and That the Common Council hereby authorizes the abandonment and sale of a portion of 1489 Fillmore (police station) land (approximately 2,181 square foot + / -), for the amount of Three Dollars and Sixty -Six Cents ($3.66) per square foot to 663 E. Ferry DG, LLC, or an entity designated by 663 E. Ferry DG, LLC, provided all of the conditions of the Land Disposition Agreement are satisfied as indicated in Item No. 10, C.C.P., 7/9/13; and That the Common Council hereby authorizes the Mayor to execute the amended Land Disposition Agreement, the deed and all related closing documents 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 E. Ferry DG for the amount of One Hundred Twenty Thousand Dollars ($120,000.00), plus Three Dollars and Sixty -Six Cents $3.66) per square foot for a portion of 1486 Fillmore. The additional land to be purchased, a portion of 1489 Fillmore, encompasses an area of approximately 62.3 feet of frontage on Woodlawn, extending north to a depth of approximately 35 feet and containing 2,181 square feet +/- (.50 acres). The dimensions of the additional land to be purchased may be adjusted somewhat depending on the final survey to be prepared; and 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, deeds and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of the Land Disposition Agreement as amended; and hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said amended Land Disposition Agreement and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives (including, but not limited to, the deed and other documents necessary for the transfer of title). PASSED AYES -8 NOES -0 NO. 6 REPORT OF SALE 188 GIBSON, 315' N PADEREWSKI LOT SIZE: 30'X 110' ASSESSED VALUATION: $1,600 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Tu Hieu Buddhist Cultural Center, 647 Fillmore Avenue, Buffalo, New York 14212 to purchase 188 Gibson Street. They own 647 Fillmore, a cultural facility and a two family dwelling at 192 Gibson, which are all adjacent to 188 Gibson. The property will be used to beautify the area and green space for the center. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Five Cents ($.45) to Ninety Eight Cents ($.98) per square foot. Tu Hieu Buddhist Cultural Center has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Forty Eight Cents ($48) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 188 Gibson Street to Tu Hieu Buddhist Cultural Center in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Tu Hieu Buddhist Cultural Center, 647 Fillmore Avenue, Buffalo, New York 14212, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 188 Gibson Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 7 REPORT OF SALE NORTHERLY PORTION OF 76 KOSCIUSZKO, 137.23'S OF STANISLAUS LOT SIZE: 30'X 97' ONLY ASSESSED VALUATION: $2,300 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mustafa W. McBryde, 213 Stanislaus Street, Buffalo, New York 14212 to purchase the northerly portion of 76 Kosciuszko, 30'x 97 only. Mr. McBryde owns and resides at 213 Stanislaus, and also owns the vacant lot at 78 Kosciuszko, which are adjacent to 76 Kosciuszko. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Eighty Cents ($.80) per square foot. Mr. McBryde has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Two Cents ($.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 the northerly portion of 76 Kosciuszko, 30'x 97' only to Mr. Mustafa W. McBryde in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Mr. Mustafa W. McBryde of 213 Stanislaus Street, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of the northerly portion of 76 Kosciuszko, 30'X 97' only, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 8 REPORT OF SALE 81 MARSHALL, 180' N BARDOL LOT SIZE: 30'X 130' ASSESSED VALUATION: $1,100 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Bernice White, 83 Marshall, Buffalo, New York 14211 to purchase 81 Marshall Street. Ms. White owns and resides at 83 Marshall, which is adjacent to 81 Marshall. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Eighty Cents ($.80) per square foot. Ms. White has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Thirty Three Cents ($33) 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 81 Marshall to Ms. Bernice White in the amount of One Thousand Three Hundred Dollars ($1,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Ms. Bernice White of 83 Marshall, Buffalo, New York 14211, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 81 Marshall Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 9 REPORT OF SALE 39 SOBIESKI, 338.99' N BROADWAY LOT SIZE: 30'X 95' ASSESSED VALUATION: $1,500 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Faiz M. Reza, 63 Middle Street, Woburn, Massachusetts 01801 to purchase 39 Sobieski Street. Mr. Reza owns a one family dwelling at 41 Sobieski, which is adjacent to 39 Sobieski. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty ($.50) to Eighty Cents ($.80) per square foot. Mr. Reza has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Two Cents ($.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 39 Sobieski to Mr. Faiz M Reza in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated August 26, 2013, be received and filed; That the offer from Mr. Faiz M. Reza of 63 Middle Street, Woburn, Massachusetts 01801, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 39 Sobieski Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 10 BOND ACCOUNT CLOSEOUT WATER AUTHORITY The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00) The following accounts listed on the attachment have either: 1) A balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Account #: Account Name Unencumbered Balance Total 53100066 Construction Chemical treatment Plant $32,066.83 53100076 Filter Media Replacement $ 3,200.00 Total $35,266.83 Mr. Smith moved: That the above communication from the Comptroller, dated August 26, 2013, be received and filed; and That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described in the above communication. PASSED AYES -9 NOES -0 NO. 11 COMPTROLLERS ESTIMATE AND REPORT -2014 CAPITAL IMPROVEMENT BUDGET Hon. Byron W. Brown Mayor of Buffalo 201 City Hall Buffalo, NY 14202 Dear Mayor Brown: / Pursuant to Section 20 -21 of the Charter of the City of Buffalo, enclosed please find the Comptroller's Estimate and Report. Please feel free to contact me if you have any questions or concerns. MarkJ.F. Schroeder Comptroller Available for review in the City Clerk's Office RECEIVED AND FILED NO. 12 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 $60,000 as needed subject to your approval. Loan is payable at date of reimbursement. From 1000 - General Fund To 2496- Preservation Ready Survey Project Grant Title Downtown and the Beltline "Preservation Ready" Survey Project Grant Agency New York State Historic Preservation Office Grant Amount $60,000.00 MAXIMUM LOAN AMOUNT: $60,000.00 Estimated Date of Repayment: December31, 2013 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated August 27, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $60,000.00 for the Downtown and Beltline "Preservation Ready" Survey Project — New York State Preservation Office. The loan is payable at the date of reimbursement. PASSED AYES -9 NOES -0 NO. 13 INTERFUND LOAN ERIE BASIN MARINA/HATCH - $470,467 As part of the policy set forth in last year's Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $470,467 against the 2013 City Capital Improvements Budget for the Erie Basin Marina -Hatch Restaurant. The loan ($470,467) will be repaid when BANs or Bonds are issued in Fiscal year 2013 -14. From To Account Repayment Date Total General Capital Projects - Erie Basin 36328206 April 2014 $470,467 Fund Marina /Hatch Restaurant Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the Fiscal Year 2013 -2014. The remaining 2012 -2013 Capital Budget Projects, which were not funded with the 2013 BAN, that can be interfund loaned and included in the 2013 -2014 debt issue will be limited to $3 452 717. Currently, there are no City projects with an outstanding interfund loan. If this current request is approved, the City will be committed to $470,467' in projects. Approved 2012/2013 Capital Budget $21,271,885 LESS: 2013BAN Issued $17,819,168 Approved interfund Loans 0 2012 -2013 Capital Budget Balance $3,452,717 LESS: Current request' $ 470,467' Balance available from FY 2012 -2013 Budget $2,9 82,950 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated August 26, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $470,467.00 for the 2013 City Capital Improvements Budget for the Erie Basin Marina -Hatch Restaurant. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2013 -14. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 14 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2013 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A- Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 29, 2013, be received and filed; and That the Common Council hereby approves the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES -9 NOES -0 NO. 16 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2013 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the Shift of taxes to residential property as a result of reassessment -in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A - Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 29, 2013, be received and filed; and That the Common Council hereby approves the Certificate of Current Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES -9 NOES -0 NO. 16 TAX COLLECTION 2013 -14 Adjustments on the General City Tax for 2013 -14 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions, assessment errors and changes in assessments due to Small Claims and Certiorari proceedings. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $250,377.50. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation be received and filed, and that a warrant be drawn on the Account entitled General City Charges (Orig 17221008 Obj 480101 Tax Adjustment Fund) in favor of the City for the taxes indicated on the list attached to the August 15, 2013 Communication in the amount of $250,377.50 for the properties listed therein. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 17 APPLICATION FOR STATE ASSISTANCE FOR HOUSEHOLD HAZARDOUS WASTE STATE ASSISTANCE PROGRAM A Resolution Authorizing the Filing of an Application for State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State. WHEREAS, the State of New York provides financial aid for HHW programs; and WHEREAS the City of Buffalo, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BUFFALO 1. That the filing of an application in the form required by the State of New York in conformity with the application laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That Steven Stepniak is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund the entire cost of said HHW Program and will be reimbursed by the State for the State share of such costs. 4. That four (4) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application. 5. That this resolution shall take effect immediately. 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 August 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 file an application in the form required by the State of New York for State Assistance from the Household Hazardous Waste Assistance Program and to sign the associated State contract, under the appropriate laws of New York State; and That the Common Council directs and authorizes the Commissioner of the Department of Public Works, Parks and Streets, as the official representative of the City of Buffalo to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State of New York; that the City of Buffalo agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs. PASSED AYES 9, NOES 0 NO. 18 AUTHORIZE LEASE FOR PLACEMENT OF ELECTRIC VEHICLE CHARGING STATION IN ZOO PARKING LOT DELAWARE DISTRICT The Department of Public Works, Parks and Streets has received a request from the Zoological Society of Buffalo and from Niagara Mohawk Power Corporation to place an electric vehicle charging station in the parking lot at the Buffalo Zoo. The lease would be for a term of four years with one year renewal thereafter. The City of Buffalo is being asked to consent to the lease because the City owns the Zoo. The Zoo however is managed by the Zoological Society of Buffalo. A copy of the proposed lease is attached for your reference. This office requests and recommends that Your Honorable Body: 1. Approve a lease according to the above basic terms and other terms and conditions as are recommended and negotiated into the lease by the City Division of Real Estate, City Department of Public Works and the Corporation Counsel; 2. 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 lease; 3. Authorize the Corporation Counsel to prepare said lease and negotiate same to finalization; and 4. Authorize the Mayor execute the lease. 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 August 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 with the Zoological Society of Buffalo and Niagara Mohawk Power Corporation to place an electric vehicle charging station in the parking lot at the Buffalo Zoo for a term of four (4) years; and that The Common Council hereby approves the lease according to the above basic terms and other terms and conditions as are recommended and negotiated into the lease by the City of Buffalo Division of Real Estate, City of Buffalo Department of Public Works and the City of Buffalo Corporation Counsel; hereby authorizes pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonable necessary to achieve the purpose and objectives of the lease; hereby authorizes the Corporation Counsel to prepare said lease and negotiate same to finalization; and hereby authorizes the Mayor to execute same. PASSED AYES 9, NOES 0 NO. 19 CHANGE IN CONTRACT CITY BUILDINGS /FACILITIES RENEWABLE ENERGY & ENERGY UPDATES JOB #1037 VARIOUS DISTRICTS I hereby submit to Your Honorable Body the following changes for City Buildings /Facilities, Renewable Energy & Energy Updates, David Homebuilders, and C #93000662. 1. By Contract, David Homes was required to leverage other Federal and State incentives and rebates to grow the City's Energy Efficiency and Conservations Add $243,396.00 Block Grant (EECBG) Program and advance the City's goals. David Homes has successfully leveraged Federal and State programs, and has applied and received incentives and rebates totaling $192,518 Per the requirements of the Department of Energy (DOE) Financial accounting memo, these funds must be rolled back Into the contract to provide additional renewable energy and Energy upgrades to the City of Buffalo facilities. This change Order will complete the project. The foregoing changes result in a net increase in the contract of Two Hundred Forty Three Thousand Nine Hundred Thirty Six and 00/100 Dollars ($243,936.00). Summary: Original Contract Amount $2,736,900.00 Change Order #1 $ 260,000.00 Change Order #2 $ 307,421.84 Amount of This Change Order ( #3) (MIS Department A/C Units) $ 243,936.00 Revised Contract Amount $3,548,578.84 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in accounts 20980007 - 474100 -10443 ($192,518) and 35323106 -43400 ($51,418). 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 26, 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 #3 in the amount of $243,936.00 (Original Contract Amount $2,736,900.00 + Change Order #1 $260,000.00 + Change Order #2 $307,421.84 + Change Order #3 $243,936.00 for a Revised Contract Amount of $3,548,578.84) for city Buildings /Facilities, Renewable Energy and Energy Updates, to David Homebuilders, C #93000662. Funds for this work are available in Accounts #20980007 - 474100 -10443 and 35323106 -43400 PASSED AYES 9. NOES 0 NO. 20 CHANGE IN CONTRACT 60 HEDLEY PLACE RECONSTRUCTION - PHASE II JOB #11103 MASTEN DISTRICT PRIOR COUNCIL REFERENCE: Item No. 14, CCP 07/23/13 1 hereby submit to Your Honorable Body the following changes for 60 Hedley Place, Reconstruction, Phase 11, Ledge Creek Development, Inc., C #93000937. 1. Remove (2) interior brick chimneys. Add $ 8,344.35 2. Modify basement floor excavation & corridor bearing wall detail& Deduct $ 3,709.00 3. Remove remainder of stone walls at basement corridor walls; add additional Add $ 22,654.50 footings, columns and beams. 4. Modify entrance drive elevations and width. Add $ 1,761.42 5. Modify frame, door and hardware components. Deduct $ 68.04 6. Furnish and install steel support brackets for girder truss at elevator shaft area. Add $ 2,328.50 7. Furnish and install mortised exit devices in order to make exit devices Add $ 1,430.39 compatible with electric strikes at 2 exterior doors. 8. Furnish and install stone lintel at 1 sc floor window opening at SE comer of bldg. Add $ 1,193.70 Removal of existing window revealed structural crack in existing stone lintel. 9. Furnish and install range hood. Add $ 249.53 The foregoing changes result in a net increase in the contract of Thirty Four Thousand One Hundred Eighty Five and 35/100 Dollars ($34,185.35). Summary: Original Contract Amount $614,000.00 Amount of This Change Order ( #1) $ 34,185.35 Revised Contract Amount $648,185.35 Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are being changed to 38320606 445100 ($22,600.00) and 33320606 445100 ($11,585.35) - 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 11, 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 $34,185.35 (Original Contract Amount $614,000.00 + Change Order #1 $34, 185.35 for a Revised Contract Amount of $648,185.34) for 60 Hedley Place, Reconstruction, Phase 11, to Ledge Creek Development, Inc., C #93000937. Funds for this work are available in Accounts #3820606 445100 and 33320606 445100- Buildings. PASSED AYES 9, NOES 0 NO. 21 CHANGE IN CONTRACT PARKSIDE LODGE AT DELAWARE PARK WINDOW RECONSTRUCTION PROJECT JOB #1244 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for Parkside Lodge at Delaware Park, Window Reconstruction Project, Allstate Contracting, C #93001095. 1. Supply and install approved louver, with insect screen Add $ 884.06 To replace existing (6) locations. The foregoing changes result in a net increase in the contract of Eight Hundred Eighty0four Dollars and 06/100 Dollars ($884.06). Summary: Original Contract Amount $113,450.00 Amount of This Change Order ( #1) $ 884.06 Revised Contract Amount $114,334.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 33320606 - 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 August 29, 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 $884.06 (Original Contract Amount $113,450.00 + Change Order #1 $884.06 for a Revised Contract Amount of $114,334.00) for Parkside Lodge at Delaware Park, Window Reconstruction Project, to Allstate Contracting, C #93001095. Funds for this work are available in Account #33320606 445100 — Buildings. PASSED AYES 9, NOES 0 NO. 22 CHANGE IN CONTRACT TOSH COLLINS ICE RINK MODIFICATIONS JOB #1261 1 hereby submit to Your Honorable Body the following change for Tosh Collins Ice Rink, Modifications, Miller Enterprises, C #93001155. 1. Furnish and install angles and stainless anchors, grout under Add $ 1,799.00 the ice side of the first 5 channels in the pit of the ice rink. The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Ninety Nine and 00/100 Dollars ($1,799.00). Summary: Original Contract Amount $ 98,800.00 Amount of This Change Order ( #1) $ 1,799.00 Revised Contract Amount $100,599.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320706 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 August 9, 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 $1,799.00 (Original Contract Amount $98,800.00 + Change Order #1 $1,799.00 for a Revised Contract Amount of $100,599.00) for Tosh Collins Ice Rink, Modifications, to Miller Enterprises, C #93001155. Funds for this work are available in Account #35320706 445100 — Buildings. PASSED AYES 9, NOES 0 NO. 23 CHANGE IN CONTRACT COCA COLA FIELD DISTRIBUTED SOUND SYSTEM & RENOVATIONS JOB #1274 ELLICOTT DISTRICTS I hereby submit to Your Body the following changes for the Coca Cola Field, Distributed Sound System & Renovations, Cannon Design, C #93001037. 1. Additional design services required for seating Add $ 82,845.00 Replacement at Coca Cola Field. The Change order Is required to ensure that the seats are installed Before the 2014 season. This is part of an ongoing Design service contract established by an RFQ bidding and Selections process. The foregoing change results in a net increase in the contract of Eighty Two Thousand Eight Hundred Forty Five and 00/100 Dollars($82,845.00). Summary: Original Contract Amount $ 50,000.00 Amount of This Change Order ( #1) $ 82,845.00 Revised Contract Amount $132,845.00 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 & Streets to approve the change order. Funding for this change order is available in 336324706 445100 Buildings. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 426 JERSEY STREET PROPOSED ENCROACHMENTS WITH CITY RIGHT OF WAY Mr. Jake Monti, owner of the property located at 425 Jersey Street, has requested permission to install fencing, a brick wall, brick pavers, and pergola within city right of way at said address. All encroachments would be located between the sidewalk and the property line and therefore would not impede pedestrian traffic. The brick wall would be two feet in height, twenty five feet in length and double as a planter. The fencing would be four feet high and the pergola would be constructed of wood. The Department of Public Works, Parks and Streets has reviewed this application in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary including a building permit from the Department of Permit and Inspection Services. 2.That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the applicant be responsible for maintenance of all encroachments as long as they remain within City right of way. 4.That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. 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 August 21, 2013, be received and filed; and That the Common Council hereby grants permission to install fencing, a brick wall, brick pavers and pergola within the City right -of -way at 425 Jersey street, subject to the following conditions: 1. That such approval is subject to approval by the City Planning Board, including any conditions and restrictions imposed by said board; 2. That the applicant obtain any and all other City of Buffalo permits necessary, including a building permit from the Department of Permit and Inspection Services; 3. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 4. That the applicant be responsible for maintenance of all encroachments as long as they remain with the City right -of -way; and 5. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED AYES 9, NOES 0 NO. 26 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND CONSTRUCTION SERVICES FOR THE FORMER SQUAW ISLAND LANDFILL CLOSURE NORTH DISTRICT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire ARCADIS to perform design and construction administration and observation services for the Squaw Island Landfill (Site). The Site is a former City landfill where contaminated materials have been buried beneath clean fill. As part of its on -going oversight the NYSDEC has identified further measures that need to be addressed in order to complete the closure of the landfill. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in Capital account(s) 31548906 - 445100, 31310906 - 445100 and /or an account(s) to be named at a later date. ARCADIS has been selected based on their qualifications in this area of engineering and their knowledge of the Site. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire ARCADIS to perform design and construction administration and observation services for the Squaw Island Landfill (Site). The Site is a former City landfill where contaminated materials have been buried beneath clean fill. ARCADIS has been selected based on their qualifications in this area of engineering and their knowledge of the Site. The funds are available Capital Account(s) 31548906 - 445100, 31310906 - 445100 and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 26 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA. FTA, NFTA, NYSDOT AND BNMC FOR THE DESIGN, CONSTRUCTION AND INSPECTION OF BUFFALO NIAGARA MEDICAL CAMPUS, PHASE III ALLEN STREET EXTENSION PROJECT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated funds for the design, construction and construction inspection of the Buffalo Niagara Medical Campus, Phase III- Allen Street Extension project in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5757.95. This project will implement streetscape improvements along Allen Street from Wadsworth to Main Streets, and will extend Allen Street as a pedestrian thoroughfare from Washington to North Oak Streets. It is necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the inspection and construction of this project. 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 August 21, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration and the New York State Department of Transportation for the design, construction and construction inspection of the Buffalo Niagara Medical Campus, Phase III — Allen Street Extension Project in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.95. PASSED AYES 9, NOES 0 NO. 27 PERMISSION TO ENTER INTO AGREEMENT W /NYSDOT FOR BUFFALO OUTER HARBOR TRAIL- PHASE II PROJECT PIN 5757.43 FILLMORE /SOUTH DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Design (V& VI) phases of the project related to construction of the new shared pathway at Ohio Street between Michigan Avenue and Fuhrmann Boulevard. In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total Costs of the project phases of which the federal share is reimbursable. City share of total project costs is 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. 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 August 27, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Design (V & VI) phases of the project related to construction of the new shared pathway at Ohio Street between Michigan Avenue and Fuhrman Boulevard; and hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. The City's share of total project costs is 5 %. Funds for the project will be available in Capital Project Account for the Local Match of the Federal Aid projects. PASSED AYES 9, NOES 0 NO. 28 PERMISSION TO INCREASE CONSULTANT CONTRACT TVGA CONSULTANT - CONTRACT # 93000534 KENMORE AVENUE RECONSTRUCTION PROJECT PRIOR COUNCIL REFERENCE: No. 21, 04/19/2011 1 hereby submit to your Honorable Body the following change for this contract. TVGA Consultant is the engineering consultant for Kenmore Avenue Reconstruction Project. This increase is necessary for the following additional services related to design phase of the project: - Evaluation of on - street parking - Analysis of full -depth and mill & overlay construction - Evaluation of infrastructure preservation for potential construction cost reductions - Revise and update Right- of -Way Maps - Revise Contract Design (Plans, Specifications & Estimates) Plan Documents Previously Contract approved: $ 1,334,954.95 This Cost increase: $ 78,170.36 Total: $ 1,413,125.31 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 $ 78,170.36 This Project is Funded by FHWA, New York State, Erie County and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of Design cost is about 2.5 %. Funds for this project will be available in capital project Account # 36567606- 445500. 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 August 26, 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 $78,170.36 (Original Contract Amount $1,334,954.95 + Change Order #1 $78,170.36 for a Revised Contract Amount of $1,413,125.31) for Kenmore Avenue Reconstruction Project, to TVGA Consultant, C #93000534. Funds for this work are available in Capital Project Accounts #36567606- 445500. PASSED AYES 9, NOES 0 NO. 29 PERMISSION TO INCREASE CONTRACT STC CONSTRUCTION - CONTRACT # 93000964 MASSACHUSETTS AVENUE PARK - PHASE II NIAGARA DISTRICT I hereby submit to your Honorable Body the following change for this contract. STC Construction is the contractor for reconstruction of Massachusetts Avenue Park - Phase II project. This increase is necessary for the following additional works by contractor: Additional Electrical Meter installation revisions requested by National Grid. Previously approved Contract Amount: $ 311,711.00 This Cost increase: $ 2,387.00 Total: $ 314,098.00 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 $ 2,387.00 Funds for this project are available in capital project Account # 39320506 - 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 August 26, 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 $2,387.00 (Original Contract Amount $311,711.00 + Change Order #1 $2,387.00 for a Revised Contract Amount of $314,098.00) for the Massachusetts Avenue Park Project — Phase 11, to STC Construction, C #93000964. Funds for this work are available in Capital Project Accounts #39320506 - 445100. PASSED AYES 9, NOES 0 NO. 30 PERMISSION TO NEGOTIATE /ACQUIRE RIGHT OF WAY PARCELS BAILEY AVENUE BRIDGES OVER BUFFALO RIVER AND CAZENOVIA CREEK PROJECT FHWAJNYSDOT PIN # 6766.34 SOUTH DISTRICT Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to negotiate and acquire necessary ROW related to the subject project. The acquisition of the following parcels is required and all legal description, maps and appraisals are being prepared by our project consultant as follows: Buffalo Sewer Authority Property- 719 Elk Street Erie County park property - 152 Bailey Avenue Mr. James Dingledey - 150 Bailey Avenue Ms. Lorraine G. Meyers - 14 &16 Melvin Place Trust of Frank J. Adornetto & Sharon Adornetto - 415 Bailey Avenue 787 Elk Street, LLC - 787 Elk Street This is a federal funded project and City's share is 5% of the total costs. The funds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for all the above parcels. 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 August 26, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to negotiate and acquire necessary right -of -way related to the subject project. The acquisition of the following parcels is required and all legal descriptions, maps and appraisals are being prepared by the project consultant: 716 Elk Street, 152 Bailey Avenue, 150 Bailey Avenue, 14 and 16 Melvin Place, 415 Bailey Avenue and 787 Elk Street. This is a federally funded project and the City's share is 15% of the total costs. Funds are available in Capital Accounts. PASSED AYES 9, NOES 0 NO. 31 REPORT OF BIDS BRIDGE BEARING REPAIR/REPLACEMENT AT TWO BRIDGES IN THE CITY OF BUFFALO PIN #6760.33 This is to advise Your Honorable Body that I have advertised and received bids on August 7, 2013 The lowest three bids received were: Contractor Base Bid Total Bid Price L.C. Whitford Co., Inc. $239,887.00 $251,881.35 164 North Main Street Wellsville, NY 14895 Hohl Industrial $288,142.00 $302,549.10 770 Riverview Blvd. Tonawanda, NY 14150 Piasecki Steel Construction Co. $374,050.00 $392,752.50 1264 Route 9 Castleton, NY 12033 1 hereby certify that the lowest responsible bidder for the above project is L.C. Whitford Co., Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to L.C. Whitford Co., Inc. in the amount of $251,881.35. (Base Bid of $239,887.00 + [5% unit price increases] $11,994.35 equals [Total Award] $251,881.35). The engineer's estimate for this work is $314,890.00. This project is a 80% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #35314206 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 15, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for bridge bearing repair /replacement at two bridges in the City of Buffalo with L.C. Whitford Co., Inc., in the amount of $251,881.35.00 (Base Bid of $239,887.00.00 + [5% unit price increase] $11,994.35 for a Total Bid Amount $251,881.35). This project is an 80% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account #35314206 - 445100 and an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 32 REPORT OF BIDS, GROUP #766 -B CITY -WIDE SIDEWALK REPLACEMENT — 2013 BOND SPECIFIC LOCATIONS 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 Ed Bauer Construction $475,763.00' P & J Construction Co., Inc. $478,728.13' Sunshine Concrete Co., Inc. $515,803.50 Campobello Construction Co., Inc. $648,327.90 'Adjusted amount to correct for mathematical errors in the calculation of the bid I hereby certify that the low bidder for the above project is Ed Bauer Construction. I respectfully recommend a contract award in the amount of $523,339.30 ($475,763.00 -Base Bid + $47,576.30 -10% unit price increase = $ 523, 339.30 Total Contract Amount). Funds for this contract are available in accounts 33311206 - 445100, 36319406- 445100 and /or an account to be named at a later date. The engineer's estimate for this work is $ 409,747.43. 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 October 28, 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 August 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 City -wide sidewalk replacement — 2013 Bond Specific Locations with Ed Bauer Construction in the amount of $523,339.30 (Base Bid of $475,763.00 + [10% unit price increase] $47,576.30 for a Total Bid Amount $523,339.30). Funds for this project are available in Accounts #33311206 - 445100, 36319406- 445100 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 33 REPORT OF BIDS, GROUP #766 -A NORTH DISTRICT CURB & SIDEWALK REPLACEMENT BOND SPECIFIC LOCATIONS 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 Nova Site Company, L.L.C. $441,937.00 P & J Construction Co., Inc. $454,784.48' CVF, Inc. $464,705.86' Campobello Construction Co., Inc. $651,377.50 'Adjusted amount to correct for mathematical errors in the calculation of the bid. I hereby certify that the low bidder for the above project is Nova Site Company, L.L.C.. I respectfully recommend a contract award in the amount of $486,130.70 ($441,937. 00 -Base Bid + $44,193.70 -10% unit price increase = $486,130.70 Total Contract Amount). Funds for this contract are available in accounts 35316806- 445100, 35317606 - 445100, 36319406- 445100 and /or an account to be named at a later date. The engineer's estimate for this work is $ 494,323.52. 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 October 28, 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 August 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 North District Curb and Sidewalk Replacement —Bond Specific Locations with Nova Site Company, L.L.C. in the amount of $486,130.70 (Base Bid of $441,937.00 + [10% unit price increase] $44,193.70 for a Total Bid Amount $486,130.70). Funds for this project are available in Accounts #35316806- 445100, 35317606 - 445100, 36319406- 445100 and /or an account to be named at a later date. PASSED AYES 9. NOES 0 NO. 34 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENTS PARK SHELTER BUILDING DEMOLITION DEWEY & ROOSEVELT PARKS PROJECT NO. 38- 50200 -2DEMO I advertised for on July 23, 2013, and received the following formal sealed bids for Public Facilities Improvements, Park Shelter Building Demolition, Dewey & Roosevelt Parks, which were publicly opened and read on August 20, 2013. Base Bid Alt #1 Alt #2 Alt #3 Trason Development $32,500.00 $7,500.00 $5,500.00 $2,500.00 Boston State, Hamburg, NY Apollo Dismantling Svcs. Non - Responsive 4511 Hyde Park, Niagara Falls, NY Newcal Construction Non - Responsive 10994 Tinkham, Darien, NY Alternate No. 1: Remove 145' + existing 6' high chain link fence and posts on the south side (Kensington Avenue side) of the site. Install 145' + of new 4' high chain link fence and posts as located on drawing C2 and as detailed on drawing C1 and in the technical specifications. Remove vegetation growing within the chain link and within 24" on each side of the fence. Remove stumps growing within 24" on each side of the fence. Alternate No. 2: Remove 75' + existing 6' high chain link fence and posts on the east side (Castle Place side) of the site. Install 75' + of new 6' high chain link fence and posts as located on drawing C2 and as detailed on drawing C1 and in the technical specifications. Remove vegetation growing within the chain link and within 24" on each side of the fence. Remove stumps growing within 24" on each side of the fence. Alternate No. 3: Remove 350 sq. ft. + existing asphalt walkway on the west side of the Roosevelt Park shelter. Restore area with topsoil and seed as indicated on drawing C3. I hereby certify that the foregoing is a true and correct statement of all bids received and that Trason Development Corp., with a Base Bid of $32,500.00, add Air No. 1 for $7,500.00, add Alt. No. 2 for $5,500.00, add Alt. No. 3 for $2,500.00, plus 10% contingency for $4,800.00, for a total bid of Fifty Two Thousand Eight Hundred and 00/100 Dollars ($52,800.00) 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 CH9132007- 470000, YR38 Local ID #50200. 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 August 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Public Facilities Improvements, Park Shelter Building Demolition, Dewey and Roosevelt Parks with Trason Development Corp. in the amount of $52,800.00 (Base Bid of $32,500.00 + Alt. No. 1 $7,500.00 + Alt. No. 2 $5,500.00 + Alt. No. 3 $2,500.00 + 10% contingency $4,800.00 for a Total Bid Amount $52,800.00). Funds for this project are available in CH9132007- 470000, YR38 Local ID #50200. PASSED AYES 9, NOES 0 NO. 35 REPORT OF BIDS PUBLIC FACILITIES IMPROVEMENTS PARK SHELTER BUILDING ROOFS VARIOUS LOCATIONS PROJECT NO. 38- 50200- 11ROOFS I advertised for on July 30, 2013, and received the following formal sealed bids for Public Facilities Improvements, Park Shelter Building Roofs, Various Locations, which were publicly opened and read on August 20, 2013. Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Grove Roofing Services $380,300.00 $85,000.00 $7,500.00 $3,800.00 $ 600.00 131 Reading, Buffalo, NY Jos. A. Sanders & Sons $439,980.00 $90,081.00 $5,174.00 $4,711.00 $1,900.00 P O Box 814, Buffalo, NY Weaver Metal & Roofing $458,000.00 $100,000.00 $5,000.00 $3,800.00 $$1,900.00 40 Appenheimer, Buffalo, NY Progressiver Roofing $537,000.00 $66,000.00 $12,000.00 $8,000.00 $1,200.00 331 Grote, Buffalo, NY Alternate No. 1 : Provide and install tapered rigid insulation on entire roof to achieve R -24 between wood deck and substrate board. Alternate No. 2: At Prospect Park Bldg. - Remove existing door and frame. Prep opening for new door and frame. Provide and install hollow metal door and frame in existing masonry opening. Paint doors and frames colors as selected by Owner. Alternate No. 3: Provide and install Y2' painted plywood ceiling. Alternate No. 4: At Schiller Park roof- Provide roof opening in wood deck to accommodate 4'x 4' Owner supplied roof mount ventilation fan. Provide curb per detail 8/A -7. Sister joists and double header opening with 2 x 10 lumber. Coordinate final size and location with Owner. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a Base Bid of $380,300.00, add Alt. No. 1 for $85,000.00, add Alt. No. 2 for $7,500.00, add Alt. No. 3 for $3,800.00, add Alt. No. 4 for $600.00, plus 10% contingency for $47,720.00, for a total bid of Five Hundred Twenty Four Thousand Nine Hundred Twenty and 00/100 Dollars ($524,920.00) 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 CH9132007- 470000, YR38 Local ID #50200. 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 August 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Public Facilities Improvements, Park Shelter Building Roofs, Various Locations, with Grove Roofing Services in the amount of $524,920.00 (Base Bid of $380,300.00 + Alt. No. 1 $85,000.00 + Alt. No. 2 $7,500.00 + Alt. No. 3 $3,800.00 + + Alt. No. 4 $600.00 + 10% contingency $47,720.00 for a Total Bid Amount $380,300.00). Funds for this project are available in CH9132007- 470000, YR38 Local ID #50200. PASSED AYES 9, NOES 0 NO. 36 REPORT OF BIDS SHEA'S PERFORMING ARTS CENTER EXTERIOR RECONSTRUCTION JOB #1314 ELLICOTT DISTRICT I advertised for on July 30,2013 and received the following formal sealed bids for Shea's Performing Arts Center, Exterior Reconstruction, which were publicly opened and read on August 14, 2013. Trason Development Corp $101,000 7350 Boston State Rd Hamburg, NY Spicer Group $112,000 701 Seneca St Buffalo, NY Allstate General Contracting, Inc $113,700 31 Ransier Dr West Seneca, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Trason Development Corp, for a total bid of One Hundred One Thousand and 00/100 Dollars ($101,000) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in 34324806 - 445100 $83,893.63 and 34324706 - 445100 $17106.37- 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 August 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Shea's Performing Arts Center, Exterior Reconstruction, with Trason Development Corp. in the amount of $101,000.00. Funds for this project are available in Accounts #34324806 - 445100 and 34324706 - 445100 — Buildings. PASSED AYES 9, NOES 0 NO. 37 REQUEST TO PURCHASE EQUIPMENT Purchase (2) High Sided Tandem Axle utility trailer w /landscape ramp for tote delivery. Electric brakes & dual rear taillights. @ $ 4,861 .ea $ 9,722.00 Purchase (1) 32 yard Leach refuse body to be installed onto our existing new chassis from July 5 bid w /auto lube option. $74,894.00 Both coming out of: 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated August 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase two (2) high sided tandem axle utility trailers with landscape ramp for tote delivery in the total amount of $9,722.00 and one (1) 32 yard Leach refuse body to be installed to an existing chassis in the total amount of $74,894.00. Funds are available in Account #15050007 - 474100. PASSED AYES 9, NOES 0 NO. 38 REQUEST TO PURCHASE VEHICLES Purchase (1) Ford F 350 4 x 4 crew cab Pick up Truck w /EZ dump insert body New bid Parks Dept $37,000.00 Delacy Ford Funds From: 36411216- 445100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated August 1, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Ford F350 4 X 4 crew cab pickup truck with EZ dump insert body in the total amount of $37,000.00 from Delacy Ford. Funds are available in Account #36400216- 445100. PASSED AYES 9, NOES 0 NO. 39 SUNNKING EXTEND CONTRACT FOR ONE (1) YEAR ELECTRONICS RECYCLING PRIOR COUNCIL REFERENCE: Oct. 2, 2012 CCP #14 I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to extend this contract for one (1) year with Sunnking, Inc. for electronic waste collection and recycling services. This is part of the existing contract (pg. 4 of 4). The extension will be in effect from October 12, 2013 through October 12, 2014. No payments are made to the vendor as this agreement involves the City of Buffalo getting financial rebates for all electronic waste generated and collected in the city. 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 August 12, 2013, be received and filed; and The Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to extend the contract with Sunnking, Inc. for one (1) year for electronics waste collection and recycling services. This extension will be in effect from October 12, 2013 through October 12, 2014. PASSED AYES 9, NOES 0 NO. 40 APPOINT LABORER II (TEMP)(INTER)(ORCUTT) Certificate of Appointment Appointment effective 8/2/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer 11 Temporary Non - Competitive Intermediate Starting Salary of $23,130 Pamela Orcutt, 71 Herkimer St, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 APPOINT SUPERVISOR OF STREET SANITATION (TEMP)(INTER)(DRISCOLL) Certificate of Appointment Appointment effective 8/5/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation I Temporary Non - Competitive Intermediate Starting Salary of $37,826 Timothy Driscoll, 203 Eden St., Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 APPOINT ASSOCIATE ACCOUNT CLERK(PROV)(INTER)(GRAY) Certificate of Appointment Appointment effective 8/26/2013 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Associate Account Clerk Provisional Open- Competitive Intermediate Starting Salary of $36,354 Kenyetta Gray, PO Box 153, Buffalo 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 43 DRUG ASSET FORFEITURE WIRE TRANSFERS 13 -DEA- 578488 C2 -13 -0053 2,484.00 12 -DEA- 560793 C2 -12- 00571,568.70 13 -DEA- 577554 C2 -12- 00551,237.50 13 -DEA- 578357 C2 -13- 00521,404.00 13 -DEA- 579146 C2 -13- 00601,680.48 13 -DEA- 579181 C2 -13- 00662,156.22 12- FBI - 003012 3110 -12 -0025 14,851.22 12- FBI - 0032012 3110 -12 -0025 4,479.20 (15% SAFF DEP#01) TOTAL $29,861.32 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 44 INTEREST ARBITRATION AWARD BETWEEN CITY OF BUFFALO AND BUFFALO POLICE BENEVOLENT ASSOCIATION Attached hereto is the Opinion and Award from the Compulsory Interest Arbitration between the City of Buffalo and the Buffalo Police Benevolent Association, Inc. for the period from July 1, 2007 through June 30, 2009. The Award was issued by the Interest Arbitration Panel Chairman; Jay M. Siegel, Esq. upon his execution of the Award on July 16, 2013. The City's Panel member concurred with the Award, while the PBA's Panel Member dissented from same. The key provisions of the Award are detailed below. Wages After closely analyzing the evidence presented regarding wage comparability with other law enforcement personnel, the City's ability to pay increased wages, the impact the Wages have on the interests and welfare of the public and the peculiarities of the police profession, the panel made the following award regarding base pay: 1. Effective June 30, 2008, the current wage scales shall be increased by 1 %. 2. Effective June 30, 2009, the June 30, 2008 wage scales shall be increased by an additional 2 %. Longevity As the majority of the Panel found that a modest increase in longevity was also warranted, it was determined that effective June 30, 2009 each permanent employee who has completed one (1) year of service shall receive annually, in addition to their salary, one hundred fifty five dollars ($155) payment for each completed year of service, to a maximum of twenty -five years. This represents a thirty dollar ($30) per year of service increase to the current longevity payment. Health Insurance - Elimination of the Cosmetic Rider The Panel chair found, and the City's Panel member concurred, that, in exchange for the salary and longevity increases being granted as part of the Award, the City should be provided with a cost saving measure "as a quid pro quo." It was further determined that the cosmetic rider should be eliminated "because it is a luxury that is expensive for the City and no longer makes sense." Therefore, effective June 30, 2009, after providing thirty (30) days prior written notice to the Union, the City shall have the right to eliminate the cosmetic rider from the traditional health plan offered to active employees and anyone retiring on or after the date the City implements the elimination of the cosmetic rider benefit. Semi - Annual Manpower Adjustments The majority of the Panel found that the City has a valid and compelling operational need to adjust manpower levels twice a year and, therefore, modified the manpower adjustment provision within the current agreement to state that the parties mutually recognize that there may be a need from time to time to adjust manpower levels in response to retirements and other personnel changes. The City shall have the right to review and adjust manpower levels semi - annually on January 15 and July 15. Remaining Issues A majority of the Panel rejected all other demands made by the City and the PBA. Buffalo Fiscal Stability Authority As this is a Compulsory Interest Arbitration Award, the BFSA, much like your Honorable Body, is not able to reject or modify any of the terms of the Award, but reviews the same after which it can be received and filed. The Award was reviewed by the BFSA at its meeting held on July 31, 2013 and its analysis concurred with the Department of Administration and Finance that the award is wholly covered by reserves set aside for the purpose of settling contract years with the Police Benevolent Association (PBA) and triggers no need for the amendment of the City's Four Year Financial Plan. A separately filed item seeks to adjust the wage schedule in compliance with the award and encourage your Honorable Body to approve the same. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 46 USED CAR DEALER 2687 BAILEY (UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2687 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Aleksandra Alekscyev. The attached thereto for Aleksandra Alekseyev /dba/ V & A Enterprises Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMNITTEE ON LEGISLATION. NO. 46 APPROVE RESTRICTED USE PERMIT -67 -W. CHIPPEWA 09/06/2013(ELL) Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District "; (F) „Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC. "Lux" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications for the September 6, 2013 co- mingling event are ,'approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. RECEIVED AND FILED NO. 47 PERMISSION TO CONTRACT AUCTION SERVICES The Division of Purchase hereby requests permission from your honorable body to contract with Auctions International Inc. to utilize their online auction services to sell City of Buffalo surplus assets. All assets will be approved by the Common Council prior to listing the items for sale. All items listed will not be sold below scrap value and can be listed with a reserve or opening price. Auctions International Inc will collect all proceeds from the online auction and once cleared will be forwarded to the City of Buffalo with an itemized listing of all sales. There is no cost to the City of Buffalo and a 10% Buyer's Premium will be paid to Auctions International by the buyer. Under the General Municipal Law- Section 109, the City of Buffalo municipality is entitled to sublet off of the contract generated with Erie County. The Erie County contract was awarded in August 2013 by competitive bid. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter Mr. Smith moved: That the above item be, and the above communication from the Division of Purchase, dated August 29, 2013, be received and filed; That the Common Council hereby authorizes the Director of the Division of Purchase to enter into an agreement with Auctions International Inc. to utilize their online auction services to sell City of Buffalo surplus assets. All assets will be approved by the Common Council prior to listing the items for sale. All items listed will not be sold below scrap value and can be listed with a reserve or opening price. Auctions International Inc. will collect all proceeds from the online auction and, once cleared, will be forwarded to the City of Buffalo with an itemized listing of all sales. There is no cost to the City of Buffalo and a 10% Buyer's Premium will be paid to Auctions International by the buyer. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 48 RESTRICTED USE PERMIT -75 W. CHIPPEWA- 09/06/13(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Smith moved: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served is denied. DENIED. NO. 49 RESTRICTED USE PERMIT -69 W. CHIPPEWA- 09/19/13(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 RESTRICTED USE PERMIT -69 W. CHIPPEWA- 10/10/13(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 RESTRICTED USE PERMIT -69 W. CHIPPEWA- 10/31/13(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRYOF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 RESTRICTED USE PERMIT -69 W. CHIPPEWA- 11/14/13(ELL) APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 329 Eric St The Hatch Rene Ann Wolasz 2113 South Park Ave Pub Lori Lori Struski 268 Main St Suite 101 The Archer Joshua Archer 242 Allen Crust Buffalo Elizabeth Buscaglia 1242 E. Lovejoy St. Rooftops Bar and Grill Annette Schlan RECEIVED AND FILED NO. 64 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: X Mayor /Mayor Executive- Citizen Services Allison O'Leary Comptroller - RECEIVED AND FILED. NO. 55 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority RECEIVED AND FILED NO. 56 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective August 24, 2013 in the Department of Common Council, Division of Masten District to the Position of Intern VI, Non Competitive at the flat salary of $10.00 /hr Malika Lee, 48 Freund St, Buffalo, NY 14211 NO. 57 APPOINT SR LEGISLATIVE ASSISTANT(SOUTH)(SPERBER) Appointment effective August 8, 2013 in the Department of Common Council, Division of South District to the Position of Sr. Legislative Assistant to the Councilmember, Non Competitive at the flat salary of $46,083.00 Margaret Sperber, 84 Hansen Lwr Right, Buffalo, NY 14220 ADOPTED NO. 58 APPOINT SR LEGISLATIVE ASSISTANT(SOUTH)(SPERBER) Appointment effective August 14, 2013 in the Department of Common Council, Division of Delaware District to the Position of Legislative Assistant to the Councilmember, Non Competitive at the flat salary of $41,163.00 Alyssa Weiss, 227 Norwood Avenue, LR, Buffalo, NY 14222 ADOPTED NO. 59 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 07/29/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Seasonal at the flat salary of $12.47 Eddie Rainey, 77 Richlawn, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 08/05/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Seasonal at the flat salary of $12.47 Willie Baxtron, 311 May St, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 08/26/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Seasonal at the flat salary of $12.47 Sherrad Bennard Jr, 176 Jewett, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 07/31/2013 in the Department of Audit and Control, Division of Controllers Office to the Position of Intern(Part Time), Unclassified at the Hourly salary of $10.00 /hr Nicholas Sam, 68 Colonial Circle, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 08/01/2013 in the Department of Audit and Control, Division of Controllers Office to the Position of Intern(Part Time), Unclassified at the Hourly salary of $10.00 /hr Madeline M. Reid, 120 Coolidge Rd, Buffalo, NY 14220 NO. 60 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective 07/29/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Maintenance Assistant, Permanent at the minimum salary of $33,389 Mark Panzica, 1563 Hertel Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 08/26/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Assistant Water Distribution Superintendent, Temporary at the minimum salary of $50,183.00 Izydor Karbowski, 216 Rebecca Pkwy, Buffalo, NY 14207 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATION NO. 61 c. banister - request permission to discuss the new registration program for STAR I am writing m request permission to make a brief (15 -20 minute) presentation to the Buffalo Common Council about the new registration program for the Basic STAR exemption. State legislation was passed this year requiring all homeowners receiving the Basic STAR property tax exemption to register with the NYS Department of Taxation and Finance to retain their exemption for 2014. Within the next few weeks, homeowners in Western NY will be receiving mail that will explain how to register for STAR. In addition to these direct mailings to taxpayers, we would like to meet with county legislative bodies, city councils, and town boards to explain the registration process and encourage taxpayer response. We believe a presentation will help increase public awareness of the new requirement and provide background information to members of the Common Council who may receive questions from their constituents. We would like to do these meetings in late August or in September to coincide with the mailing to taxpayers. Please let me know the earliest date we can appear on the Common Council's agenda. You may contact me at (585)343 -4363 with any questions, REFERRED TO THE COMMITTEE ON FINANCE NO. 62 K. BRANT- REQUEST TO PURCHASE EQUIPMENT To Whom it may Concern: I am requesting permission to purchase a computer from MIS Department. The computer I would like to purchase is City ID# 5230, Serial# BFX- 9DF143 and Audit# 055564 at the price of $30.00 REFERRED TO THE COMMITTEE ON FINANCE NO. 63 BUFFALO WATER BOARD MONTHLY REPORT -JULY 2013 AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED NO. 64 LP CIMINELLI -BOARD PACKET DOCUMENTSAUGUST 2013 Memorandum Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider August 6, 2013 Board Packet Documents the following documents from the Joint Schools Construction Board meeting scheduled on August 5, 2013: 1. Agenda 2. Meeting Minutes from J SCB Meeting dated June 3, 2013 - Revised and July 15, 2013 - Rescheduled Date 3. Fully Executed Phase III Application and Certificate for Payment No. 60 - June 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 43- June 2013 5. Phase iii Application and Certificate for Payment No. 61 - July 2013 6. Phase V Application and Certificate for Payment No- 44 - July 2013 7. Program Packaging and Development Services (PPDS) Provider Update Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 66 R. FONTANA -C. MUELLER - RESPONSE FROM TIME WARNER REG 07/16 LEGISLATION MEETING RESPONSE Dear Council President Fontana: As a follow -up to your questions from the July 16 Legislative Committee meeting, please find below the answers to the questions you asked during the meeting. City - How many customers have a TV with a digital tuner in it? TWC Response: TWC is unable to ascertain the number of customers that have a TV with a digital tuner in it. However, virtually all new TV's have a digital or QAM Tuner. A television with a digital tuner will be able to receive the PEG channels without the need for a digital set top box, a DA or a CableCARD. If a customer is not aware if their TV includes a digital tuner, they can consult the owner's manual for that television set for that information or they can contact the manufacturer directly. City - How many homes in the City of Buffalo have set top box in their homes? TWC Response: Close to 80% of Time Warner Cable customers in the city of Buffalo have a set top box in their home. City - What is the standard penetration rate for the City of Buffalo? TWC Response: Approximately 13% of our video customers in the City of Buffalo lake the Basic & Standard level of service only. Some of these customers may have a digital box for additional services. City - What is the basic penetration rate for the City of Buffalo? TWC Response Approximately 10% of our video customers in the City of Buffalo take the Basle level of service only Some of these customers may have a digital box for additional services. City - Would TWC be willing to waive the $.99 fee for the DA's that is scheduled to go into effect on 1/1 /157 TWC Response: We do not plan to waive the $.99 cent fee. City- What is the cost of the standard installation charge for a customer who would like to have TWC install the DA? TWC Response: $39.99 If you have any other questions or concerns, please feel free to contact me via a -mall at chris.mueller @twcable.com or by phone at 585 - 756 -1326. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 R. FONTANA -USPS- RESPONSE REMOVAL OF COLLECTION BOXES Dear Buffalo Common Council: We are in receipt of the letter, dated July 24, 2013, from Mr. Mark Jaskula regarding collection box removal in the Buffalo area. Included with the letter was the Common Council resolution, titled "US Post Office Removal of Postal Mail Boxes (Frankczyk) CCP #117, July 23, 2013" ( "Resolution "). Thank you for the opportunity to respond. In the Resolution, the Common Council requests that the United States Postal Service ( "Postal Service ") report on why the collection box located at the corner of Clinton and Emslie Streets was removed along with nine other boxes located on Buffalo's Eastside and how these removals enhance the mail service of Buffalonians. Additionally, the Common Council requests that the Postal Service provide it with a list of how many boxes have been removed (or will be removed) from Buffalo's neighborhoods and report on how [many] boxes and their locations will be left remaining in the city. The Postal Service continues to look at all operations in an effort to improve efficiencies and react to changes in customer habits. Collection box usage is just one item evaluated. When a collection box consistently receives very small amounts of mail, it costs the Postal Service money in fuel and work hours for letter carriers to drive to the mailbox and collect the mail. This could prompt a collection box being removed. Pursuant to Postal Operations Manual § 315.4, a density test should be conducted if a collection box receives less than 25 pieces per day to determine whether it should be retained. If the box averages less than 25 pieces per day over a two week time period, the postmaster or district considers other factors such as the type of mail collected, proximity of other publicly accessible collection points and the needs of customers in the vicinity of the box before making a decision to either retain, relocate or remove the collection box. If a box is slated for relocation or removal, a 30 -day notice is posted on the box alerting customers about the proposed action and advising customers about the location(s) and collection schedule(s) for other collection points in the vicinity. A phone number also is provided for customers to call to voice their concerns. At the end of the 30 days, customer responses are considered before removal is finalized. In this case, the volume in the collection box on the corner of Clinton and Emslie Streets was monitored for 18 days during March of 2013. The average daily volume collected was 8 pieces, which is well under the 25 -piece threshold. A notice was posted on the collection box on May 27, 2013; we received no feedback from customers advocating for the retention of this box. The type of mail collected, proximity of other publicly accessible collection points and the needs of the customers in this area was also considered. Based on an analysis of all of these factors, there was not enough evidence to support retaining the collection box on Clinton and Emslie Streets. The Buffalo delivery area has approximately 760 collection boxes. In the last year, 18 have been removed through the entire service area. Some of the collection box removals were from locations with multiple boxes. While we do not provide complete lists of collection box locations, the information is available at www.usps.com under "Find USPS locations." The overall decline in collection box mail is directly related to the migration of First Class Mail from hard copy to electronic delivery. It is occurring on every corner across the country, including the city of Buffalo and the Eastside. The Postal Service understands how this can affect communities such as Buffalo. However, please keep in mind that customers can provide feedback in the collection box evaluation process before a decision to remove or relocate a collection box is final. Customers also always have the option of placing their outgoing mail in their home mailbox for retrieval by their carrier. The U.S. Postal Service is a self - supporting agency that funds its operations from revenue generated by the sales of products and services -- not by taxpayer subsidies. The Postal Service experienced a financial loss in last fiscal year and that trend is continuing with the continued decline in mail volume. As a result, like many American businesses, we are taking aggressive steps to cut costs while increasing efficiency. We will continue to monitor our collection box process to ensure every consideration is made before changes occur. Any additional questions or concerns can be directed to my office via mail or phone at (716) 846 -2401. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 67 HOUSE OF COMMONS - SYRIA -USE OF CHEMICAL WEAPONS SUMMARY AGENDA: CHAMBER 2.30pm Prayers Afterwards Urgent Questions, Ministerial Statements(If any) Until any hour Business of the House(Motion) Up to six hours or Syria and the use of chemical weapons(Motion) till 10pro, whichever is later Available for review in the City Clerk's Office RECEIVED AND FILED NO. 68 SIDEWALKS AT PROPERTY LOCATED AT 68 MEMORIAL DRIVE BUFFALO, NY. To whom it may concern: I am writing about the sidewalks located at the property above posing a safety issue to people walking. The sidewalks have become raised to about 5 inches high. If possible someone needs to come out and address this issue. Please let me know what can be done to solve this issue in a timely manner. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 69 NYSDEC - BROWNFIELD CLEANUP PROGRAM -275 FRANKLIN(ELL) The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 275 Franklin Street site ( "site ") located at 275 Franklin Street, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site poses a significant threat to public health or the environment due to elevated concentrations of contaminants in groundwater, soil, and soil vapor. The activities in the report have been designed to address the identified contamination and the threat posed. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from July 29, 2013 through September 12, 2013. The proposed plan is available for public review at the location identified below under Where to Find Information. Please submit comments to the DEC project manager listed under Project Related Questions in the Who to Contact area below. Draft Remedial Work Plan and Proposed Decision Document The cleanup plan is described in DEC's Proposed Decision Document, which is based on a more detailed "Remedial Work Plan ". The proposed remedy consists of: 1. SITE COVER A site cover currently exists (asphalt) and will be maintained to allow for continued restricted residential use of the site until future redevelopment plans are implemented. Because the multi -use zoning district allows restricted residential use, any site redevelopment will maintain a site cover, which may consist either of the structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper two foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where a soil cover is required, it will be a minimum of two foot, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for restricted residential use. The soil cover will be placed over a demarcation layer, with the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375- 6.7(d). 2. ENHANCED SHALLOW GROUNDWATER BIOREMEDIATION In -situ shallow groundwater treatment of the highest residual VOC contaminated shallow groundwater in the immediate vicinity of MW -5 (residual source area) through enhanced natural attenuation of chlorinated VOCs (PCE and its breakdown products) is proposed for site C915208 residual source only. The biological breakdown of contaminants through anaerobic reductive dechlorination will be enhanced by a combination of microbial inoculation and injecting a hydrogen release compound (molasses) into the subsurface to promote dechlorinating microbe growth. The microbial reductive dechlorination process will also be enhanced with the injection of micron scale zero valent iron (ZVI). The treatment materials will be injected into the shallow groundwater source area via injection probes at a depth ranging from 10 to 20 feet. The injection materials may be supplemented with additional buffers and nutrients that will be determined during the remedial design. Although there is residual chlorinated VOC contamination in the deep groundwater zone, no measures to address this residual chlorinated VOC contamination in the deep groundwater zone are proposed. 3. PLUME REDUCTION Plume reduction will be accomplished by treating the groundwater via in -situ treatment methods such that the groundwater leaving the site has been effectively treated to water quality criteria. At this site, the shallow chlorinated VOC contaminant plume has migrated onto an adjoining property at 267 Franklin Street which is part of the adjoining BCP project site C915237 (432 Pearl Street Site). Though there is residual chlorinated VOC contamination in the deep groundwater zone at both BCP sites C915208 and C915237, no measures to address this residual chlorinated VOC contamination in the deep groundwater zone is proposed. Contaminant plume reduction will be accomplished by injecting in -situ treatment materials along a series of injection points 10 to 20 feet in depth along an accessible western perimeter area of the site forming a vertical permeable reactive treatment zone. This vertical permeable reactive treatment zone will continue southward along the accessible western and southern perimeter areas of adjoining BCP site C915237 (267 Franklin Street parcel). The in -situ treatment materials will utilize the same materials used in the source area treatment system to promote enhanced natural attenuation of residual chlorinated VOC contamination in the shallow groundwater zone. No remediation measures are proposed to address off -site migration of residual chlorinated VOC contamination in the deep groundwater zone. 4. INSTITUTIONAL CONTROL Imposition of an institutional control in the form of an environmental easement for the controlled property that: Requires the remedial party or site owner to complete and submit to DEC a periodic certification of institutional and engineering controls in accordance with Part 375 -1.8 (h)(3); Allows the use and development of the controlled property for restricted residential, commercial and industrial uses as defined by Part 375- 1.8(g), although land use is subject to local zoning laws; Restricts the use of groundwater as a source of potable or process water, without Necessary water quality treatment as determined by DOH or County DOH; Prohibits agriculture or vegetable gardens on the controlled property; and Requires compliance 5. SITE MANAGEMENT with DEC approved Site Management Plan. PLAN A Site Management Plan is required, which includes the following: a) An Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media - specific requirements necessary to ensure the following institutional and /or engineering controls remain in place and effective: Institutional Controls: (ICs) discussed above. Engineering Controls: The site cover discussed above, enhanced shallow groundwater bioremediation discussed in above, and plume reduction as discussed in Paragraph 3 above. This plan includes, but may not be limited to: i. An Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; ii. A Monitoring Plan to ensure groundwater quality and to assess the performance and effectiveness of the site cover; iii. Descriptions of the provisions of the environmental easement including any land use and groundwater use restrictions; iv. Provisions for evaluation of the potential for soil vapor intrusion into any new buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; v. Provisions for the management and inspection of the identified engineering controls; vi.Maintaining site access controls and DEC notification; and vii.The steps necessary for the periodic reviews and certification of the institutional and /or engineering controls. A Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: i. Monitoring of groundwater to assess the performance and effectiveness of the remedy; ii. A schedule of monitoring and frequency of submittals to DEC; and iii. Monitoring for vapor intrusion for any buildings occupied or developed on the site, as may be required pursuant to item a. iv. above. The proposed remedy was developed by Buffalo Development Corporation (,applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP). Summary of the Investigation PRE- REMEDIATION: An RI commenced in late 2006 to supplement earlier environmental site assessment in 2004. Results from this work revealed chlorinated solvents commonly used by dry cleaners (tetrachloroethane [PCE]) in soils up to 20,000 micrograngkilogram (ug /kg) PCE and shallow groundwater up to 19 parts per million (ppm) PCE at 275 -277 Franklin St parcel. The water quality standard for PCE is 0.005 ppm. The source area in shallow groundwater contamination appears to be centered around MW -5. The RI investigation included an adjoining lot at 267 Franklin Street (see Site C915237) currently owned by the applicant also revealed chlorinated solvents in shallow groundwater at levels up to 18 ppm for PCE. A supplemental site investigation was conducted in 2008 to develop an IRM for the site. Because of a silty clay soil lens midway between the surface and bedrock, two distinct groundwater zones exist at the site. The silty clay soil lens has limited some downward migration of the dissolved contamination. However, the 2008 supplemental investigation confirmed that deeper groundwater zone is contaminated with the chlorinated solvents, with one monitoring well containing 9.4 ppm PCE. PCE levels at this monitoring point have dropped to 0.091 ppm PCE during the 2012 sampling event (post IRM - see below)- The supplemental investigation confirmed that the bedrock zone does not appear to be contaminated with the chlorinated solvents. Chlorinated solvent vapors were detected during soil vapor evaluations at the 279 Franklin Street parcel Investigation of off -site areas by DEC on adjoining properties revealed an extensive elongated off -site chlorinated VOC plume in shallow groundwater. The offsite impacts to deep groundwater zone were limited to one of the off -site sampling points hydraulically downgradient of the BCP site (south of the BCP site). Dissolved levels of PCE and its breakdown products at this off -site deep groundwater well have been found at 0.101 ppm total VOCs. POST -IRM: An IRM was implemented in 2008 on the site to address VOC contamination in vadose zone soils and in the shallow groundwater zone. The vapor extraction system appeared to have effectively addressed vadose zone contamination in the soil eolunm above the groundwater source plume. However PCE at shallow well MW -5 rebounded to 70 ppm based upon sampling in 2012. Additional measures to remediate chlorinated VOC contamination in shallow and deep groundwater zones are necessary. An additional investigative boring and deep monitoring well to further assess deep groundwater impacts was installed in 2012 at 267 Franklin Street (adjoining BCP site C915237)• Deep groundwater sampling confirmed dissolved chlorinated VOC contamination at levels up to 0.069 ppm total VOCs at this new deep well- The SVE system reduced the chlorinated VOCs in the vadose (soil) zone in the source area to restricted residential 8CO guidance levels. Because of the extent of the dissolved shallow plume, vapor intrusion (VI) from the chlorinated solvents was a concern with offsite neighboring structures. A soil 41 evaluation completed by DEC in 2008 revealed PCE impacts to indoor air quality inside the 267 Franklin Street apartment building. DEC subsequently installed a sub -slab depressurization system (SSDS) inside the apartment building to address VI and reduce indoor air concentrations of PCE. This building and parcel were subsequently acquired by the applicant and allowed into the BCP as site C915237. Vapor intrusion was confirmed in another off -site building and an SSDS was installed in 2012. Additional investigations were required to assess off -site impacts, health and safety concerns, the presence of DNAPL, and bedrock aquifer contamination- DEC monitoring has confirmed an elongated PCE plume has migrated in a southwesterly direction across Franklin Street. Next Steps DEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. DOH must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work Plan and Proposed Decision Document are revised as needed to describe the selected remedy, and will be made available to the public. The applicant may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Background LOCATION: The brownfield site encompasses two contiguous parcels in the City of Buffalo, Erie County, and are identified as 275 -277 Franklin Street @0.13 acres), and 279 Franklin Street @0.12 acres). The site is situated in an urban commercial district. SITE FEATURES: The site is paved with asphalt and is currently used as a commercial surface parking lot approximately 0.25 acres in size. CURRENT ZONING /USE: Both contiguous parcels that constitute the site are situated in the Downtown Opportunity (DO) zoning district which currently contains a mix of uses including apartment residences, restaurants, retail, entertainment, office and parking. Permitted use in the DO zoning district includes residential, office, (limited) retail, restaurant, hotel and entertainment. The surrounding parcels are currently used fora combination of commercial uses including surface parking, restaurant and entertainment. PAST USE OF THE SITE: Record information concerning the use of both parcels dates back to the late 1800s where the area was predominantly closely spaced urban residential interspersed with commercial businesses and establishments. 279 Franklin Street: This lot was used for residential purposes from the late 1800s through the 1950s, and as a parking lot from the early 1980s to present. Previous use of the lot does not reveal any recognized environmental concerns. 275 -277 Franklin Street: In the late 1800s, the lot contained a residence with a carriage shed facing Asbury Alley. By the 1950s, the residence was replaced with a commercial use building, and record information indicates that the structure was used by a dry cleaning business from approximately 1951 through the early 2000s. This parcel became delinquent in property taxes and the City of Buffalo foreclosed on the parcel for back taxes. The parcel was sold by the City in 2004. The building on the parcel was demolished in 2004 by the applicant. The building area of the parcel was subsequently paved over and is currently being used as a commercial surface parking lot. According to the BCP application, future development plans for the site and adjoining BCP site (C915237) consists of a hotel with conference and parking facilities. SITE GEOLOGY /HYDROGEOLOGY: Overburden: The site is located within the Erie - Ontario lake plain physiographic province, which is typified by little topographic relief and gentle slope toward Lake Erie, except in the immediate vicinity of major drainage ways. The surficial geology of the Lake Erie plain generally consists of a thin glacial till layer, glacielacustrine (lake -laid laminated silts and clays) deposits, alluvium, and soils derived by these deposits. Glacial till deposits were not encountered at the site except for a thin layer (1 to 2 feet thick) above limestone bedrock. The site geology consists of a lake -laid sandy ridge deposit about 40 to 45 feet thick with several inter - bedded silty clay lenses. The site is also covered by a thin soil /fill layer about 2 to 5 feet thick and is found throughout the site. The fill is characteristic of urban fill common in the City of Buffalo. Bedrock: The site is situated over the Onondaga formation limestone. Limestone bedrock was encountered about 52 feet below the surface. Hydrogeology: Unconfined shallow groundwater was encountered within the native soils at depths of approximately 10 to 12 feet below ground surface. Because of a silty clay soil lens within the sandy soil profile at a depth of approximately 25 to 30 feet below ground surface, the site has a defined shallow and deep groundwater zone. Site groundwater flow gradient (shallow and deep) appears to flow in a south /southwest direction. Regional groundwater appears to flow west /southwest toward Lake Erie and confluence of the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as 'brownfields' so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfleld is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http://www.dec.n4.gov/chemical/8450.html. Site Location RECEIVED AND FILED NO.70 NYSDEC - BROWNFIELD CLEANUP PROGRAM -432 PEARL ST(ELL) The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 432 Pearl Street site ( "site ") located at 432 Pearl Street, Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site's significant threat status is unknown. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from July 29, 2013 through September 12, 2013. The proposed plan is available for public review at the location(s) identified below under Where to Find Information. Please submit comments to DEC project manager listed under Project Related Questions in the Who to Contact area below. Draft Remedial Work Plan and Proposed Decision Document The cleanup plan is described in DEC's Proposed Decision Document, which is based on a more detailed "Remedial Work Plan ". The proposed remedy consists of: Site Cover A site cover currently exists (asphalt) on the 432 Pearl Street parcel and will be maintained as part of the remedy. There are no current plans to remove SVOC soils marginally above commercial SCOs at the 432 Pearl Street parcel. The 267 Franklin Street parcel contains a tenement style apartment building and asphalt paved parking area. These improvements will be maintained to allow for continued restricted residential and commercial use of the site until future redevelopment plans are implemented. Because the multi -use zoning district allows residential use, any site redevelopment will maintain a site cover, which may consist of either structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper two foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where a soil cover is required, it will be a minimum of two foot, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for restricted residential use. The soil cover will be placed over a demarcation layer, with the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use. Plume Reduction Plume reduction will be accomplished by treating the groundwater via in -situ treatment methods such that the groundwater leaving the site has been effectively treated to water quality criteria. A shallow chlorinated VOC contaminant plume has migrated from the adjoining BCP site C915208 onto this site and further onto downgradient off - site parcels. The current post C915208 IRM shallow groundwater plume area is depicted in Figure 3. Though there is residual chlorinated VOC contamination in the deep groundwater zone at both BCP sites C915208 and C915237 (see Figure 4), no measures to address this residual chlorinated VOC contamination in the deep groundwater zone is proposed. In -Situ Groundwater Treatment via enhanced natural attenuation of VOCs in groundwater (e.g., microbial inoculation, zero - valent iron, hydrogen release compounds, or a combination thereof) is proposed for site C915208 residual source with a partial extension onto the 267 Franklin Street apartment parcel. Contaminant plume reduction will be accomplished by injecting in -situ treatment materials along a series of injection points 10 to 20 feet in depth along accessible southern and western perimeter areas of this BCP site and along the western perimeter of the 275 Franklin Street parcel of the C915208 BCP site to create a continuous permeable reactive treatment zone (see Figure 5) along the accessible downgradient edges of both BCP sites. The in -situ treatment materials will utilize the same materials used in the source area treatment system at BCP site C915208 to promote enhanced natural attenuation of residual chlorinated VOC contamination in the shallow groundwater zone. Vapor Mitigation The existing SSDS in the existing building will require continued operation until vapor intrusion no longer occurs and is a health threat in this building. Institution Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: Requires the remedial party or site owner to complete and submit to DEC a periodic certification of institutional and engineering controls in accordance with Part 375 -1.8 (h)(3); Allows continued restricted residential use of the apartment building and the use and development of the controlled property for restricted residential, commercial and industrial uses as defined by Part 375- 1.8(g), although land use is subject to local zoning laws; Restricts the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by DOH or County DOH; Requires compliance with DEC approved Site Management Plan. Site Management Plan A Site Management Plan is required, which includes the following: a, an Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media - specific requirements necessary to ensure the following institutional and /or engineering controls remain in place and effective: Institutional Controls: (ICs) discussed in Paragraph 4. Engineering Controls: The site cover discussed in Paragraph 2 above, plume reduction discussed in Paragraph 1, and vapor mitigation discussed in Paragraph 4 above. This plan includes, but may not be limited to: i. an Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; ii. a Monitoring Plan to ensure groundwater quality and to assess the performance and effectiveness of the site cover; iii. descriptions of the provisions of the environmental easement including any land use and groundwater use restrictions; iv. provisions for evaluation of the potential for soil vapor intrusion for any new buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; v. provisions for the management and inspection of the identified engineering controls; vi. maintaining site access controls and Department notification; and vii. the steps necessary for the periodic reviews and certification of the institutional and /or engineering controls. b. a Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: i. monitoring of groundwater to assess the performance and effectiveness of the remedy; ii. a schedule of monitoring and frequency of submittals to the Department; and iii monitoring for vapor intrusion for any buildings occupied or developed on the site, as may be required pursuant to item a. iv above. The proposed remedy was developed by Buffalo Development Corporation ( "applicant(s) ") after performing a detailed investigation of the site under New York's Brownfield Cleanup Program (BCP), Summary of the Investigation An RI commenced in this site and adjoining BCP site C915208 in late 2006. Results from this work revealed chlorinated solvents commonly used by dry cleaners (tetrachloroethene [PCE]) in soils up to 20,000 microgram /kilogram (ug /kg) PCE and shallow groundwater up to 19 parts per million (ppm) PCE at the adjoining BCP site C915208 275 -277 Franklin Street parcel. The water quality standard for PCE is 0.005 ppm. The source area in shallow groundwater contamination appears to be centered around MW -5 on BCP site C915208. Investigation of the 267 Franklin Street parcel initially revealed chlorinated solvents in shallow groundwater at levels up to 18 ppm for PCE. The 2006 RI revealed an extensive shallow groundwater contaminant plume located on adjoining companion BCP site C915208 had migrated onto the 267 Franklin Street parcel, which is situated downgradient of BCP site C915208. The RI results suggest that the 432 Pearl Street parcel is on the fringe of the shallow groundwater contaminant plume emanating from source area (BCP site C915208), and the shallow groundwater contaminant levels were just slightly above the groundwater quality standard (0.005 ppm) for the VOC contaminants of concern. The 267 Franklin Street parcel is immediately downgradient of the source area (BCP site C915208), and as a result, the PCE contaminant levels on site were significantly higher in the shallow groundwater zone (up to 18 ppm prior to the implementation of an IRM). The deep groundwater zone was impacted, but to a lesser degree. Investigation of off -site areas by DEC on adjoining downgradient properties revealed the extensive chlorinated VOC plume extended to the south /southwest. A supplemental site investigation was conducted in 2008 to develop an IRM for BCP site C915208. An IRM to treat Contaminated groundwater via in -situ methods was implemented in 2008 at the adjoining companion BCP site C915208. Because of a silty clay soil lens midway between the surface and bedrock, two distinct groundwater zones exist at the site. The silty clay soil lens has limited some downward migration of the dissolved contamination. However, the 2008 supplemental investigation of companion BCP site C915208 confirmed that deeper groundwater zone is contaminated with the chlorinated solvents, with one deep monitoring well at adjoining companion BCP site C915208 initially containing 9.4 ppm PCE. PCE levels at this monitoring point have dropped to 0.091 ppm PCE during the 2012 sampling event. The 2008 investigation confirmed that the bedrock zone does not appear to be contaminated with chlorinated solvents. An additional investigative boring and deep monitoring well was installed in 2012 at 267 Franklin Street to further assess deep groundwater impacts. Deep groundwater sampling confirmed dissolved chlorinated VOC contamination at levels up to 0.069 ppm total VOCs at this new deep well. A thin fill layer (3 -5 feet) at the 432 Pearl Street parcel contains several SVOCs [benzo(a)anthracene, benzo(b)flourene, benzo(a)pyrene and dibenzo(a,h) anthracene) at levels slightly above commercial SCOs. There were no exceedances for metals above commercial levels at both parcels. Because of the extent of the dissolved shallow plume, vapor intrusion (VI) from the chlorinated solvents was a concern with structures on around the BCP site. Prior to the BCP volunteer's acquisition of the apartment building at 267 Franklin Street, a soil VI evaluation was completed by the Department in 2008. The VI evaluation revealed PCE impacts to indoor air quality inside the apartment building. The Department subsequently installed a sub -slab depressurization system (SSDS) inside the apartment building to address VI and reduce indoor air concentrations of PCE. Vapor intrusion was confirmed in another off -site building in 2011 and an SSDS was installed in 2012. Additional investigations were required to assess off -site impacts, health and safety concerns, the presence of DNAPL, and bedrock aquifer contamination. The Department completed an off -site groundwater evaluation in 2009 which revealed that an elongated PCE plume has migrated in a southwesterly direction across Franklin Street. PCE contamination was revealed primarily in the shallow groundwater zone. Deep groundwater was impacted at one of the off -site monitoring points along Franklin Street. Additional investigation of impacts to downgradient properties and structures was implemented in 2011 and 2012 and revealed shallow groundwater zone contamination, over 3 ppm for PCE, at another downgradieut property along Franklin Street. Next Steps DEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. New York State Department of Health (DOH) must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work Plan and Proposed Decision Document are revised as needed to describe the selected remedy, and will be made available to the public. The applicant may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The BCP site consists of two non - contiguous parcels in the City of Buffalo, Erie County. The BCP site contains a 0.45 acre parcel located at 432 Pearl Street and a 0.25 acre parcel located at 267 Franklin Street. The two parcels are adjacent to each other, but are separated by a City of Buffalo owned alley known as Asbury Alley. The site is situated in an urban commercial district. The site is adjacent to BCP site C915208 also owned by the 432 Pearl Street BCP volunteer. The 432 Pearl Street BCP site and the adjacent BCP site are part of a common proposed redevelopment project. Site Features: The 432 Pearl Street parcel is a paved commercial parking lot. The 267 Franklin Street parcel site contains both a paved parking lot and an occupied apartment building. Current Zoning /Use: Both non - contiguous parcels that constitute the site are situated in the Downtown Opportunity (DO) zoning district which currently contains a mix of uses including apartment residences, restaurants, retail, entertainment, office and parking. The surrounding parcels are currently used for a combination of commercial uses including surface parking, restaurant and entertainment. Historic Uses: Information concerning the use of both parcels dates back to the late 1800s when the area was predominantly closely spaced urban residential, interspersed with commercial businesses and establishments. 432 Pearl Street: In the late 1800s, the northern half of the parcel consisted of four separate lots with residential buildings facing Pearl Street and carriage sheds facing Asbury Alley. By the 1940s, one of the residences was demolished and converted to a surface parking lot. The balance of these residences were demolished in subsequent years and also converted to surface parking lots. No known date concerning the demolition of the residences and conversion to parking lots is available or provided. Continuing southward along this parcel, in the late 1800s, two lots also contained residences and two lots contained apartment /rooming houses. By the mid 1920, the two residences were replaced by a retail commercial building (record use indicates that a heating equipment company occupied the building). By the 1940s, the commercial building and apartment /rooming houses were demolished and converted to surface parking. 267 Franklin Street: In the late 1800s through 1926, land use consisted of two separate apartment buildings on this parcel. The northern half of the 267 Pearl Street parcel contained a residential apartment building facing Franklin Street. The apartment building appears to have been demolished between 1925 and 1946. No other land use for the former apartment building lot other than as a parking lot appears to have occurred after 1946. The southern half of the parcel contains the current tenement style apartment building which remains actively used as an occupied apartment building. Tenant parking is provided on the northern half of the site that contained the former apartment building. According to the BCP application, future development plans for the site, in conjunction with BCP site C915208, consists of a hotel with conference and parking facilities. Geology: Overburden: The site is located within the Erie - Ontario lake plain physiographic province, which is typified by little topographic relief and gentle slope toward Lake Erie, except in the immediate vicinity of major drainage ways. The surficial geology of the Lake Erie plain generally consists of a thin glacial till layer, glaciolacustrine (lake -laid laminated silts and clays) deposits, alluvium, and soils derived by these deposits. Glacial till deposits were not encountered at the site except for a thin layer (i to 2 feet thick) above limestone bedrock. The site geology consists of a lake -laid sandy ridge deposit about 40 to 45 feet thick with several inter - bedded silty clay lenses. The 432 Pearl Street parcel is covered by a thin soil /fill layer approximately 2 to 5 feet thick. The fill is characteristic of urban fill common in the City of Buffalo. Bedrock: The site is situated over the Onondaga formation limestone. Limestone bedrock was encountered about 52 feet below the surface. hydrogeology: Unconfined shallow groundwater was encountered within the native soils at depths of approximately 10 to 12 feet below ground surface. Because of a silty clay soil lens within the sandy soil profile found at a depth of approximately 25 to 30 feet below ground surface, the site has a defined shallow and deep groundwater zone. The deep groundwater hydrostatic surface is nominally below the shallow groundwater surface. Site groundwater flow gradient (shallow and deep) appears to flow in a south /southwest direction. Regional groundwater appears to flow west /southwest toward Lake Erie and confluence of the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.nv.gov /chemical /92611.btml and http :i /www.dec.ny_.gov /cfmx/extapps /deroxtemal /haz /details.cfm ?pageid =3 &progno= C915237 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brown fields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http://www.decAay..qov/chemical/8450.htmk RECEIVED AND FILED NO. 71 D. PASKIE- NYSDOT- ACCEPT COMPLETED WORK UNION SHIP CANAL Dear Sir /Madam: This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State Department of Transportation on 6/19/2013. The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over to the respective agency. Please note if your agency is directly involved. If not, this letter serves as a courtesy to notify you that the contractor for this project, Donald J. Braasch Constr., Inc., is no longer directly involved in roadway maintenance. RECEIVED AND FILED NO. 72 T- MOBILE NORTHEAST, LLC SITE PLAN AND SPECIAL USE PERMIT APPLICATION PROJECT SITE: 523 -535 NORTHAMPTON STREET ITEM NO. 77 C.C.P. JULY 23, 2013 1 represent the Community Action Organization of Erie County, Inc. ( "CAO "). This letter is submitted in opposition to the application of T- Mobile Northeast, LLC to place a 90 foot high monopole cell tower and an oversized 50 foot by 50 foot concrete pad base transceiver station with at least three equipment cabinets (apparently, more equipment will be added later) on land located at 533 Northampton. For the reasons set forth below, CAO requests that the Common Council deny the restricted use permit application of T- Mobile Northeast, LLC. I Background By way of background, CAO is the owner of a recently constructed 63 -unit affordable housing complex directly adjacent to the site of the proposed 90 foot cell tower and oversized 50 foot by 50 foot base station.. In addition, CAO is working with its development partner Kaleida Health and the UB School of Architecture and Planning to construct 105 units of high quality affordable housing immediately across the street from 533 Northampton at the site of the former Deaconess Hospital. The site plan for that project has been prepared by the University of Buffalo and the proposal is being considered for a number of national, state, and regional planning design awards. In fact, the site plan was just awarded the Outstanding Student Project Award just last week. CAO strongly believes the T- Mobile application should be a restrictive use permit and the application should be denied by your Honorable Body. 11. Legal Requirements T- Mobile's application is subject to the legal requirements and criteria set forth in Article XXIX of the City Zoning Code. That Article specifically sets forth the guidelines for the location of communications towers and antennas throughout the City of Buffalo. Buffalo Code, Article XXIX, §511 -156 -- 511 -161. Since the subject property is zoned residential, a restricted use permit must be approved by the Buffalo Common Council. Buffalo Code, Section 511- 158(A). The criteria for restricted use permits is set forth in Article XVI of the Zoning Code. Buffalo Code Section 511 -55. In addition, the application is subject to citywide design and site plan approval pursuant to XXVIII of the City Zoning Code. The required elements for site plan approval are set forth in Sections 511 -137 through 511 -152 of the Buffalo Zoning Code. III. Procedural History T- Mobile submitted a site plan application to place the cell tower on the property at 525 -535 Northampton. The application was on the May 31, 2013 City Planning Board Agenda. Representatives of CAO appeared at that City Planning Board meeting and voiced strong opposition to a T- Mobile application. At the meeting, a number of Planning Board members questioned the location of this cell tower in a residential neighborhood. The Planning Board members tabled the application and encouraged the parties to meet to discuss the cell tower proposal. Thereafter, T- Mobile submitted a revised plan to the City merely relocating the cell tower at a slightly different location on the very same parcel. The application was placed on the Agenda for the July 30, 2013 Planning Board meeting. Due to a miscommunication, CAO did not appear at the July 30, 2013 Planning Board meeting to voice its opposition to the site plan approval of the revised cell tower application. The item was considered by the Common Council Community Development Committee on July 30, 2013. CAO was not aware that T- Mobile's attorney had filed a supplement to its cell tower application with the Common Council or that it would be considered by the Common Council at its Committee meeting. As a result, CAO did not appear at the Common Council Committee meeting to voice its opposition. The item is currently scheduled for a vote on the T- Mobile application for a restricted use permit at the Common Council's upcoming meeting on September 3, 2013. CAO vehemently opposes the application because of the damage it will do to the neighborhood aesthetics and the harm to the quality of the revitalization underway in the neighborhood as led by Kaleida and CAO. IV The Application Does Not Meet the Requirements of the City Cell Tower Ordinance, Restricted Use Permit Criteria, or Site Plan Approval Requirements The T- Mobile application clearly does not meet the requirements of the City Communications Towers and Antennas Ordinance. Section 511 -156 of the City Zoning Code sets forth the intent and guidelines of the cell tower ordinance as follows: 1. The cell tower ordinance is intended to protect residential areas and land uses by minimizing potential adverse impacts of communications towers and antennas. City Code, § 51 I- 156. The T- Mobile application seeks to locate a tower in a residential zone and directly across from, and highly visible to the proposed residential housing complex planned at the former Deaconess Hospital site on Northampton Street. There are also numerous existing residences whose community aesthetics would be severely and negatively impacted by this use. This is contrary to the goal of protecting residential areas. 2. The cell tower ordinance encourages co- location on existing communication towers. The application seeks to place a new tower on a residential lot rather than co- locating on an existing cell tower. City Code, §511 -156. 3. The cell tower ordinance encourages the location of communication towers in areas where any adverse impact on the community is minimal. The T- Mobile application will have a substantial adverse impact on existing and proposed residential housing in the area. City Code § 511 -156. There is also no evidence that T- Mobile has sufficiently explored other site options. 4. The cell tower ordinance encourages construction of cell towers in a way that minimizes the adverse visual impact of cell towers. The T- Mobile application seeks to place a 90 foot tower and an oversized 50foot by 50 foot concrete base receiver station and multiple equipment cabinets across from a planned housing development being developed by CAO and Kaleida with the assistance of the UB School of Architecture and being proposed for national, state, and regional planning awards. The adverse visual impact will be severe and unwarranted. T- Mobile has submitted a number of self - serving exhibits with its application. However, it is obvious that the cell tower application does not meet the intent or criteria set forth in the City cell tower ordinance. City Code, §511- 156. Moreover, since the proposed location is proposed in an R District, the T- Mobile application is subject to additional oversight and a restricted use permit must be presented to the Common Council for approval. City Code §511- 158(a). Restricted use permit applications are governed by Article XVI of the City Zoning Code. Section 511 -55(D) provides broad discretion to the Common Council to deny a restricted use permit on grounds of public health, safety, "aesthetics," or general welfare. As noted above, a 90 foot cell tower with an oversized 50 foot by 50 foot concrete base transceiver station and multiple equipment cabinets (and apparently more to be added later) is not appropriate in a residential district directly across from and clearly visible to the proposed Deaconess Heights high quality housing complex planned directly across the street. The fact that there will be alleged landscaping placed around the large substation and cabinets does not ameliorate the substantial negative aesthetic impact this large cell tower and transceiver station will have presently and in the future on this residential community. Putting some bushes around this huge installation will not make it invisible to residents as T- Mobile seems to argue. In addition, the proposed cell tower will have an adverse impact on the general welfare of the community by impacting on the important community revitalization housing development planned on the former Deaconess site. Moreover, the aesthetics of the T- Mobile application are also subject to the Citywide Design and Site Plan Ordinance and the criteria set forth therein. City Code, §511 -137. Under the Citywide Site Plan Ordinance, the Planning Board must consider, among other criteria, the "impact of the development on adjacent properties" and the "general welfare of the community." City Code, §511- 138(B). As noted above, this cell tower will severely impact on the property directly across from the site on Northampton and is not compatible with the residential development planned thereon and the housing recently constructed on the adjacent property. Based upon the foregoing, CAO respectfully requests that the Common Council take the following actions: 1. Denial of the T- Mobile restricted use permit application pursuant to §511 -55 of the City Code. 2. Passage of a Resolution by the Common Council requesting the Commissioner of Permit and Inspector Services to deny the cell tower permit application pursuant to § 511-159.3 of the City of Buffalo Cell Tower Ordinance. 3. Referral of the item back to the City Planning Board for reconsideration and to allow CAO representatives an opportunity to appear and present its objections to the revised cell tower application submitted by T- Mobile. T- Mobile has many options, including locating the cell tower in a narrow "notch" on CAO property already shielded on three sides by structures, fences and trees. T- Mobile can also collocate on an existing cell tower location or atop a building. The proposed location is the least desirable of the available locations and would have a severely negative impact on the community. Therefore, the application for a restricted use permit should be denied in all respects. Thank you for your consideration. Respectfully yours, Michael B. Risman REFERRED TO THE COMMITTEE ON LEGISLATION NO. 73 B. RUSSELL -J. ILLOS- REQUEST SURVEILLANCE CAMERA MAIN AND HERTEL MEMORANDUM RE: File Petition Attached is a petition from Illos Piano Rebuilders, LLC to be filed. Thanks. Dear Mr. Derenda, I am writing to petition for the addition of a city surveillance camera on the corner of Main Street and Hertel Ave, where our business is located. This is a major city intersection, traversed by 25.000 cars every day, and it is the entranceway to the Delaware and University' Districts. There has been significant investment in this area by our business, Ciminelli Development, Matterion. and Elbers Landscaping. Most importantly to us, however, is the recent increase in crime and vandalism on and around this corner. Over the past two years, we have been having increased problems dealing with teenagers travelling to and from Bennett High School and the public pool in Shoshone Park. We have had cases of shoplifting, vandalism, and most recently a break -in and robbery over the July 4 h holiday. Our business employs 15 -18 people and serves over 100 piano students, teachers, and performers every week. Many of our customers come to us from the suburbs and are not used to the hazards of urban areas and feel threatened by the city; if the situation on our corner gets much worse, we are in dice pe,41 of losing many of these customers and students. It is our hope that a camera on our corner would make them feel safer and hopefully reduce the incidence of crime in the area. We are currently in the process of upgrading our security system and fortifying our facility, and we feel that this as well as the city's camera will alleviate the situation so we won't be forced to leave our location for someplace without these issues. If you have any questions, feel free to contact me or the number listed above. Thank you, REFERRED TO THE COMMISSIONER OF POLICE NO. 74 OHIO CITY ATTRACTS PLAUDITS FOR TACKLING FORECLOSURE BLIGHT BUT MAJOR CHALLENGE REMAINS In many ways, Youngstown, Ohio, serves as a comeback model for similar cities around the country that have lost jobs and population since the industrial decline that began in the late 1970s. Thanks to forward- thinking leaders who have cultivated a supportive business environment, Youngstown has become one of the most improved economies in the country, according to an analysis by the Brookings Institution. A growing energy market has sparked a manufacturing resurgence. A vibrant technology scene is attracting startup companies, warranting mention by President Barack Obama in his State of the Union address earlier this year. And Youngstown's downtown is springing back to life as an entertainment destination. Unfortunately, like other cities across the country, Youngstown has also suffered in the aftermath of the housing crisis, with vacant and abandoned properties straining city resources, hurting neighborhoods and driving out residents. It's understandable that city leaders would want to take action to preserve neighborhoods, protect the safety of its citizens and help maintain the momentum of economic recovery. However, their decision to enact what is being viewed as one of the most onerous vacant property ordinances as a solution to the problem may actually do more harm than good. The ordinance has a number of possible ramifications, with three apparent major drawbacks in particular some deem worthy of rumination Good Guys Pay, Bad Guys Don't The first concerns the fact the ordinance requires the owner of a vacant property to post a cash bond of not less than $10,000 to assure the continued maintenance of the property until it either moves through the foreclosure process and is sold to a new owner, or is demolished. The definition of an owner has been broadened to include the person in title, the entity that holds the mortgage and even authorized agents and vendors of the mortgage company who have direct or indirect control of a property. Here is the sad irony: Irresponsible owners who let their properties deteriorate in the first place aren't likely to comply with the ordinance. Code enforcement officers and other officials will waste precious time chasing ghosts, with nothing to show for it. On the other hand, the vast majority of mortgage companies and their agents who already secure and maintain properties abandoned by homeowners could be penalized by the ordinance and forced to pay, even though their properties aren't causing problems. Lienholder Conflict Second, until mortgage companies take legal title to a property, their rights are limited even when homeowners abandon properties. Prior to an actual foreclosure sale, banks can only perform services to prevent code violations and protect the collateral value of the property in the absence of an occupant. In other words, the requirements of the Youngstown ordinance will most likely conflict with laws limiting a bank's rights prior to foreclosure. The expanded definition of a homeowner in the Youngstown ordinance actually sets up the city for potentially expensive and protracted legal actions. In fact, two years ago, the city of Chicago considered similar language in their ordinance, defining lienholders as homeowners prior to foreclosure. Ultimately, they removed the language after listening to the concerns of the mortgage industry in this regard. It Doesn't Fix the Problem Third and finally the worst enemy of a vacant property is time, and the Youngstown ordinance seems to do nothing to address this. If the city of Youngstown really wants to protect the condition of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. That requires a change in state law to accelerate vacant properties through foreclosure. In Ohio, the foreclosure process can take two years or longer, whether the property is occupied or abandoned. Even with the billions of dollars the mortgage industry spends annually across the country to inspect and maintain vacant properties, these homes will deteriorate as they await foreclosure. Many will be vandalized, losing value, becoming neighborhood nuisances and negatively impacting surrounding properties. When a property is deemed vacant and abandoned, accelerating foreclosure would allow banks to obtain title while the property is still in good condition so that it can be sold and reoccupied more quickly. For some, accelerated foreclosure is a far better alternative to vacant property ordinances. It can reduce the burden on city code enforcement officials and first responders to address nuisance issues. It can protect the condition and value of vacant properties, especially those in fragile neighborhoods. And, perhaps most importantly, it can help maintain viable housing for families, especially first -time home buyers and lower income people. Youngstown's leaders have demonstrated a progressive attitude toward rejuvenating their city. There is a strong argument that says they should continue to lead the way to protect homes and neighborhoods across Ohio by promoting legislation designed to accelerate the foreclosure process for vacant and abandoned properties. Key Concepts Mortgage companies and their agents who already secure and maintain abandoned properties could be penalized by a new Youngstown, Ohio, ordinance and forced to pay. The requirements of the Youngstown ordinance will most likely conflict with laws limiting a bank's rights prior to foreclosure. If the city really wants to protect the condition of vacant properties and make banks responsible, the answer might be to help them take possession more quickly. If you are not the intended recipient, or received this in error, please delete it immediately and contact the sender. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 75 R. TOBE- RESPONSE CONSTRUCTION ECC'S PROPOSED HEALTH SCIENCES FACILITY Re: Erie Community College Dear Honorable Members: I am writing in response to #93 C.C.P. July 9, 2013 which relates to the proposed construction project at Erie Community College ( "ECC "). The Buffalo Common Council through a letter from Mr. Jackson requested that the Erie County Executive comment on the proposed resolution. When the Poloncarz administration came into office on January 1, 2012 one of the important items awaiting attention was the proposal to construct a new building to serve ECC, New York State had authorized this project and had appropriated its 515 million state share of the construction cost. In order to properly address this question, and at the request of the County Executive, Erie County and ECC jointly commissioned a study by the JMZ Architects and Planners, P.C. The study, Program Needs Analysis and Space Utilization Assessment (the "JMZ Report "), was issued on May 24, 2013. A copy is enclosed with this communication. The full report is also available on the Erie County Web site at http://www2.erie.gov/environment. JMZ is a consulting firm located in Glens Falls, New York, with a national scale practice that focuses upon the needs of colleges and universities, primarily community colleges. It was selected after a request for proposals process that involved a number of other national level firms. It was charged with determining the needs of the local economy for worker training and education, the resources and programs available at ECC, what ECC's role should be in worker training and recommendations on how best to proceed. They were specifically charged with recommending future programs to be offered by ECC based on current and projected community needs and student preferences. They were additionally charged with making a recommendation as to whether a new facility was warranted, and if so, the best location for it. In addition, JMZ was instructed to coordinate their work with the Regional Economic Development Council ( "REDC ") that had been established by Governor Cuomo in 2011 and was addressing similar issues related to the needs for workforce training. As you may know, the Brookings Institution and McKinsey & Company were both engaged by the REDC to help develop the regional economic agenda for Western New York, but especially as it pertained to the City of Buffalo. Key findings of their reports included a very significant need to improve workforce training in advanced manufacturing and in the basic sciences, which recommendations have become part of the REDC's and Governor Andrew Cuomo's "Buffalo Billion" plan. JMZ met with representatives of the REDC and their consultants and was privy to their findings that include: • Manufacturing is the third largest sector of our economy by employment and the first or second by gross local product, a measure of wealth creation; • There are currently 55,000 workers directly employed in the manufacturing sector and perhaps another 6,000 to 10,000 in direct support jobs; • 17,000 manufacturing workers are likely to retire by 2020; and • There are an insufficient number of workers being trained to fill these jobs, thus threatening the future viability of this sector of our economy. Working through the REDC, a multi- faceted plan has been developed to address these needs. The plan provides for a continuum of training and educational opportunities for all residents of the county. Each component of the continuum will be part of the comprehensive approach that is being developed. Some of the key components include the Buffalo Public Schools, the Say Yes program, BOCES, ECC, the four year and graduate college and university programs in the area and the new REDC workforce advancement center. It should be pointed out that this approach is only possible because of Governor Cuomo's extraordinary commitment to the —;i billion for Buffalo initiative. The new ECC building is one component of this comprehensive approach. The plan also features a new work force advancement center to be operated by New York State in the City of Buffalo with training components to be provided by ECC staff. Though you may not be aware of it, this workforce advancement center was announced by New York and the REDC in early May of this year. The workforce advancement center opening is being fast tracked by New York State and it is likely that it will be opened in the City of Buffalo prior to the completion of the new ECC building. The JMZ Report recommends the development of a STEM (science, technology, engineering and math) building at ECC's North Campus. Although some space will serve health science offerings, the majority of space will be for STEM programs. The assertion made in the Council resolution regarding the building's primary purpose being health science and by those opposed to the project being sited at the North Campus is false. In fact, it is expected that a significant portion of the building will be dedicated to educating in the areas of advanced manufacturing - areas as noted above that are in high demand and for a sector of our economy which could be put at risk if we do not educate the next generation of employees to fill these highly technical positions. Demand for these courses is high and will expand on the current advanced manufacturing classes which are already offered at the North Campus. The recommendation to place the new building on the North Campus was only made after detailed studies about current and future space needs, locations of existing programs, enrollment trends, the needs of students and a myriad of other factors all detailed in the JMZ Report. The JMZ Report directly addresses the question of why the consultants recommend the north campus. Upon receipt of the report the ECC Board of Trustees and the Erie County Legislature each unanimously accepted the findings of the JMZ Report, have authorized the execution of a Memorandum of Understanding between ECC and the County and have identified the North Campus as a preferred alternative. Additionally, the Erie County Legislature unanimously approved appropriating the County's 57.4 million contribution for the project for the specific use of a new building at the north campus. The County and ECC will now commence an environmental review of the proposal as required by state law. I hope this letter clears up any issues, and the falsehoods that have been spread, about the project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 E. GELLEY, OWNER, USE 488 FRANKLIN -TO CONVERT BUSINESS TO A RESTAURANT IN THE ALLEN STREET SPECIAL ZONING DISTRICT (HRG 9 /10)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 77 K. KINAN, OWNER, USE 478 ELMWOOD, TO REESTABLISH USE OF A SIT IN RESTAURANT(NIA) (HRG 09/10) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 78 J. KOBYLANSKI, AGENT, USE 1488 HERTEL FOR A RESTAURANT IN THE HERTEL AVE BUSINESS DISTRICT(DEL)(HRG 09/10) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 79 APPOINT PARK UTILITY WORKER (PROV)(INTER)(JAECKLE)(PW) CCP# 39, 07/23 Mrs. Russell moved That Communication 39 of July 23, 2013, be received and Filed and that the Provisional appointment of Guy Jaeckle, 83 Fuller St, Buffalo, NY 14207 to the Position of Park Utility Worker, Provisional at the Intermediate Salary of $25,100.00 is hereby approved PASSED AYES -9 NOES -0 NO. 80 APPOINT ASSISTANT FILTRATION PLANT OPERATOR (TEMP)(INTER)(MACHIN)(PW) CCP# 40, 07/23 Mrs. Russell moved That Communication 40 of July 23, 2013, be received and Filed and that the Temporary appointment of Eric Maehin, 14 Rosedale St, Buffalo, NY 14201 to the position of Assistant Filtration Plant Operator at the Intermediate Salary of $39,101.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 81 APPOINT FILTRATION PLANT OPERATOR (PROV)(INTER)(JANICKI)(PW) CCP# 41, 07/23 Mrs. Russell moved That Communication 41 of July 23, 2013, be received and Filed and that the Provisional appointment of Matthew Janicki, 111 Porter Avenue, Buffalo, NY 14201 to the position of Filtration Plant Operator at the Intermediate Salary of $41,875.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 82 APPOINT WATER LINE INSPEETOR (PERM)(INTER)(ABBATE)(PW) CCP# 42, 07/23 Mrs. Russell moved That Communication 42 of July 23, 2013, be received and Filed and that the Permanent appointment of Salvator Abbate, 459 St Lawrence St, Buffalo, NY 14216 to the position of Water Line Inspector at the Intermediate Salary of $44,397.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 83 APPOINT CAPTAIN (PERM)(GRAMAGLIA, ROBERTS)(POL) CCP# 48, 07/23 Mrs. Russell moved That Communication 48 of July 23, 2013, be received and Filed and that the Permanent appointments of Joseph A. Gramaglia, 6 Aaron Trail, Orchard Park, NY 14127 and Patrick Roberts, 140 Idlewood, Buffalo, NY 14127 to the position of Captain at the Fiat Salary of $83,160.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 84 APPOINT DETECTIVE (PERM) ( LEONE, CARDONA II, ADAMS, WALKER, RUGGIERO, LEDWIN, MCCARTHY, FRANKEL, MAYHOOK, LOPEZ,)(POL) CCP# 49, 07/23 Mrs. Russell moved That Communication 49 of July 23, 2013, be received and Filed and that the Permanent appointments of Craig J. Leone, 103 Avondale, Grand Island, NY 14072 LouisA. Cardona II, 902 Madow Avenue, Blasdell, NY 14219 BartA. Adams, 28 Tuscarora Road, Buffalo, NY 14220 Judith M. Walker, 15 Wedgewood Drive, West Seneca, NY 14224 Joseph J. Ruggeria, 355 Lakefront Blvd, Buffalo, NY 14202 Julie A. Ledwin, 28 Ganna Court, West Seneca, NY 14224 Erin M. McCarthy, 5740 Cole Road, Orchard Park, NY 14127 Amy J. Frankel, 12 Cedar Brook Drive, Lancaster, NY 14086 Jason M. Mayhook, 94 Wallace Avenue, Buffalo, NY 14214 Dawn M. Lopez, 9495 Protection, Holland, NY 14080 to the position of Detective at the Flat Salary of $66,230.00 is hereby approved PASSED AYES -9 NOES -0 NO. 85 APPOINT DETECTIVE SERGEANT(PERM) (MOURGAS, LUNDIN, DUNHAM)(POL) CCP# 50, 07/23 Mrs. Russell moved That Communication 50 of July 23, 2013, be received and Filed and that the Permanent appointments Nicholas A. Mourgas, 1017 Sheree Drive, Grand Island, NY 14072 Carl A. Lundin, 63 Caldwell Drive, West Seneca, NY 14224 and James P. Dunham, 73 Bloomfield Avenue, Buffalo, NY 14220 to the position of Detective Sergeant at the Flat Salary of $69,009.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 86 APPOINT LIEUTENANT(PERM) (HUMISTON, THOMAS, BRITZZALARO, LARK, KELLY, MCLEAN,JR., LABEDZ, DOWELL) (POL) CCP# 51, 07/23 Mrs. Russell moved That Communication 51 of July 23, 2013, be received and Filed and that the Permanent appointments Patrick Humiston, 18 Taylor Drive, West Seneca, NY 14224 Mitchell J. Thomas, 19 Place, East Amherst, NY 14051 Brian J. Britzzairo, 153 Hamburg Street, Buffalo, NY 14204 Ricky V. Lark, 3761 Trails End Lane, Wheatfield, NY 14120 Louis V. Kelly, 66 Allenhurst, Buffalo, NY 14214 George P. McLean, JR, 6547 Emily Lane, Lockport, NY 14094 Darren Labadz, 4701 Pineview Drive, Hamburg, NY 14075 Shawn Dowell, 101 Yorktown Road, Amherst, NY 14226 to the position of Lieutenant at the Flat Salary of $73,312.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 87 APPOINT LIEUTENANT(CONT PERM) (CYREK, BEYER, LKANGDON) (POL) CCP# 52, 07/23 Mrs. Russell moved That Communication 52 of July 23, 2013, be received and Filed and that the Contingent Permanent appointments Mark Cyrek, 59 Edmund, Cheektowaga, NY 14227 Amber Beyer, 7638 Arnold Drive, Wheatlield, NY 14120 Joseph Langton, 270 Tampa Drive, West Seneca, NY 14220 to the position of Lieutenant at the Flat Salary of $73,312.00 is hereby approved PASSED AYES -9 NOES -0 NO. 88 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #73, 07/23 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 89 P. LYTLE- SUPPLEMENT TO APPLICATIONS BY T- MOBILE FOR INSTALLATION OF COMMUNICATION TOWER LOCATED AT 523 AND 535 NORTHAMPTON (C.C.P #77, JULY 23) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. ADOPTED NO. 90 D. PRIDGEN -UB SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES DRAFT ENVIR IMPACT STATEMENT (C.C.P #84, JULY 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 91 J. GAGE - MODIFIED GENERAL PROJECT PLAN - PUBLIC HEARING (C.C.P #41, APR 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 92 ORDINANCE AMENDMENT - SECTION 387 -6 - SPONSOR ACKNOWLEDGMENTS IN MARTIN LUTHER KING AND RIVERSIDE PARKS (ITEM NO. 144, C.C.P., JULY 23, 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 Section 387 -6 of the Buffalo City Code be amended as specified in the attached Ordinance Amendment. PASSED AYES 9. NOES 0 NO. 93 PHILLIPS LYTLE, LLP- APPLICATION BY T MOBILE FOR INSTALL OF COMMUNICATIONS TOWER -523 & 535 NORTHAMPTON ST (ELL) (C.C.P. #59, MAY 14) 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. 94 D. PRIDGEN- N. AMIGONE, ESQ LETTER OF APOLOGY RE 3172 BAILEY (C.C.P #31, JAN 8) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 95 LP CIMINELLI -BOARD PACKET DOCUMENTS JULY 2013 (C.C.P #75, JULY 23) Mr. Smith now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 96 BY: MR. FONTANA SALE OF VACANT LOTS TO HOMEOWNERS ON BRINKMAN AVENUE Whereas: In recent years the residents of Brinkman Avenue have seen an increase in neglectful absentee property ownership on Brinkman, which has subsequently given rise to drug dealing and other criminal activities in the area; and Whereas: The Lovejoy District Councilmember's office, the Buffalo Police Department, and the Department of Permit and Inspections Services in cooperation with area residents have all focused their efforts on removing criminal activity and holding neglectful property owners accountable on Brinkman Ave.; and Whereas: Many homeowners and residents on Brinkman Avenue have expressed interest in acquiring the several city owned vacant lots on the street, in order to secure, clean, improve, and beautify these parcels of land; and Whereas: By getting these parcels into the hands of responsible property owners it will swiftly and effectively remove blight, decrease the available opportunities for criminal activity, and stabilize the community of Brinkman Avenue. Now, Therefore, Be It Resolved: The Common Council hereby requests that the Office of Strategic Planning, Division of Real Estate authorize the sale of vacant parcels on Brinkman Avenue to responsible homeowners on Brinkman Avenue for the price of $250 each; and Be It Further Resolved: The vacant lots located at 217 and 231 Brinkman Avenue be sold to Patricia Ganthier of 225 Brinkman Avenue. Be It Further Resolved: The vacant lots located at 197 and 201 Brinkman Avenue be sold to Bruce Soles of 193 Brinkman Avenue. Be It Further Resolved: The vacant lot at 184 Brinkman Ave be sold to Rose Woodson of 180 Brinkman Avenue. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE NO. 97 BY: COUNCIL PRESIDENT FONTANA WAIVE PARK APPLICATION FEES FOR EAST LOVEJOY COALITION OF NEIGHBORS ( ELCON) NATIONAL NIGHT OUT Whereas: Every year on the first Tuesday in the month of August block club organizations in the City of Buffalo are encouraged to participate in National Night Out block party celebrations; and Whereas: This year National Night Out will be held on Tuesday, August 6th; and Whereas: The East Lovejoy Coalition of Neighbors ( ELCON) is the block club organization comprised of residents of all streets of the Lovejoy neighborhood; and Whereas: In order to accommodate residents from across Lovejoy, the ELCON National Night Out celebration is held at Hennepin Park, which necessitates submission of the appropriate park use application forms. Now, Therefore, Be It Resolved: The Buffalo Common Council hereby waives any and all application fees associated with the ELCON National Night Out Celebration. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa of the Department of Public Works Parks Division. PASSED AYES 9, NOES 0 NO. 98 BY: COUNCIL MEMBER RICHARD A. FONTANA WAIVE EVENT PERMIT FEE FOR "9/11 MEMORIAL TO THE FALLEN HEROES AND VICTIMS OF SEPTEMBER 11, 2001" Whereas: On Tuesday, September 3, 2013 at 11:00 am, a special remembrance ceremony for the heroes and victims of the tragic event of 9/11. This ceremony will include a 7 ft. tall memorial that was made in honor of the countless lives that were lost during this tragic event; and Whereas: This Memorial statue will be available for viewing at the Niagara Square Circle in front of City Hall on Tuesday, September 3 rd at 11:00am; and Whereas: This stainless steel memorial features the names of every victim of the terrorist attack engraved in the base of the structure, with the number 9 and the twin towers meant to evoke the towers themselves as well as the date of the attack. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee to be waived for the September 3, 2013 "9/11 Memorial to the Fallen Heroes and Victims of September 11, 2001 ", conditioned upon obtaining the necessary insurance for the event; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 99 BY: MR. GOLOMBEK WAIVE PARK FEES FOR BLACK ROCK - RIVERSIDE NEIGHBORHOOD HOUSING Whereas: The Black Rock - Riverside Neighborhood Housing Services, located on Military Road, works to help finance and educate homeowners in the City of Buffalo, and Whereas: In order to expand its outreach to the local community, the organization participated in the United Way's Day of Caring; and, Whereas: The organization chose to rehabilitate the backyard and playground area of Munchkinland Daycare, located on Tonawanda Street; and, Whereas: Black Rock - Riverside Neighborhood Housing Services will be using the picnic shelters at Riverside Park to host a thank you luncheon for all the projects volunteers. Now, Therefore, Be It Resolved: This Common Council applauds the work of the Black Rock - Riverside Neighborhood Housing Services and the United Way in the Buffalo community. In addition, the Black Rock - Riverside Neighborhood Housing Services is granted a waiver by this Honorable Body of all fees required by the City of Buffalo Parks Department that are associated with this event. PASSED AYES 9, NOES 0 NO. 100 BY: MR. GOLOMBEK THE USA NATIONAL MASTERS CHAMPIONSHIP FLEET FEET 16K RUN INTO BUFFALO Whereas: The annual Fleet Feet 15K run will take place in Buffalo on Monday, September 2, 2013; and Whereas: The 2013 race has been designated as the USA National Masters Championship and has attracted runners from across the United States and Canada; and Whereas: Starting and finishing on the waterfront at the Erie Canal Harbor, the race which attracts more than 600 runners, takes runners through downtown Buffalo, Delaware Avenue and the Olmsted Parkways; and Whereas: Race proceeds support Shoes on Students (SOS), which provides running shoes to local high school athletes. This support helps give local high school runners the tools they need to compete at their best; and Whereas: Over 1,000 pairs of running shoes have been donated to young runners who may not be able to afford high quality training shoes that improves an athlete's ability perform at a high level; and Whereas: The City of Buffalo, and the Common Council, supports and encourages the commitment Fleet Feet has shown to the community and the local student runners of Buffalo; Now, Therefore be it Resolved: That the Common Council does hereby approve waiving any street closing fees by the Department of Public Works Parks & Street for the USA National Masters Championship Fleet Feet 15K Run Into Buffalo being held on September 2, 2013; and Be it Further Resolved: That the organizers of the USA National Masters Championship Fleet Feet 15K Run follow all rules and regulations as set forth by the Department of Public Works, Parks & Streets regarding street closings; and Be it Finally Resolved: That copies of this resolution be sent to Fleet Feet Sports, the Department of Public Works Parks & Streets and the Corporation Counsel. PASSED AYES 9. NOES 0 NO. 101 BY: MR. GOLOMBEK WAIVE SPECIAL EVENT PERMIT FEE FOR LANTERN LIGHT CANOE PARADE Whereas: The Scajaquada Canoe club will be holding a canoe re- enactment parade on Hoyt Lake in Delaware Park; and Whereas: About 20 canoes and several skiffs from the Hoyt Lake livery fleet will be participating in the event; and Whereas: The Scajaquada Canoe club will use Hoyt Lake at Delaware Park from approximately 8:00 pm to 10:00 pm on Saturday, August 3, 2013; and Whereas: The event will be able to be viewed from the promenade and bridge at Hoyt Lake; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event permit fee associated with the Scajaquada Canoe Club Lantern Light Canoe Parade at Hoyt Lake In Delaware Park on Saturday, August 3, 2013; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Department of Special Events. PASSED AYES 9. NOES 0 NO. 102 SPONSOR: COUNCILMEMBER LOCURTO LEGISLATIVE AIDE APPOINTMENT Whereas, I am appointing Ms. Sarah Bishop, who resides at 285 Pennsylvania Street in Buffalo, New York, 14201 as Legislative Aide in my office; and Whereas, Ms. Bishop has done exceptional work in the community as the former Executive Director of Buffalo First, including organizing the BALLE Business conference, whose 520 attendees had an estimated local economic impact of over $700,000; as well as providing other support to local businesses and entrepreneurs through Buffalo First's successful Buy Local campaign; and Whereas, Ms. Bishop also has a strong background in government and public policy, having worked as the Director of Operations for the Institute of Religion and Public Policy in Washington, D.C; and Whereas, I am confident that Ms. Bishop will be a strong asset to my office, to Delaware District constituents, and to the City of Buffalo; and NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby appoints Ms. Sarah Bishop as Legislative Aide for the Delaware District ADOPTED NO. 103 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE BUFFALO SEMINARY BACK TO SCHOOL PICNIC Whereas, The Buffalo Seminary Parent Association celebrates the beginning of the academic year with an annual "Back to School Picnic "; and Whereas, The Back to School Picnic will be held on September 6 th 2013 from 4pm to 8pm on the West side of Chapin Parkway between Potomac and Soldier's Circle; and Whereas, approximately 300 students and parents are expected to attend, with dinner being prepared in the school kitchen so that no grills or propane will be utilized outside; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting Buffalo Seminary's annual Back to School Picnic on September 6 from 4pm to 8pm on Chapin Parkway; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 104 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE ELMWOOD KIWANIS ANNUAL FISHING DERBY Whereas, on Wednesday August 21 st, 2013, the Elmwood Kiwanis will be hosting a free Fishing Derby for 150 city children and 50 United Way volunteers at Hoyt Lake in Delaware Park; and, Whereas, the event will be held from 8:00 am to 12:00 pm, and is an annual event that rely solely on food donations and other organizational support as there is no admission fee, and, Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting the Elmwood Kiwanis Annual Fishing Derby in Delaware Park on August 21 sc, 2013 from 8am to 12pm; and, Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 01WN111.1 SPONSOR: MICHAEL J. LOCURTO WAIVING THE PERMIT FEES FOR "BULLYING STOPS HERE" EVENT IN DELAWARE PARK, Whereas, the Buffalo Public Schools and the Arlene Brunson Center for Children Against Drugs have been working on a yearlong program to stop bullying in schools; and, Whereas, a program called "Bullying Stops Here" will be held Friday, August 9 th in Delaware Park from 11:00 until 3:OOpm; and, Whereas, this program will include workshops, a fashion show, poetry performance, and rap performance that will all focus on stopping violence and bullying amongst the youth in our community; and Whereas, over 100 members of our community are expected to attend this free event; and, Now, Therefore Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park on August 9 from 11:00 until 3:OOpm. Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. PASSED AYES 9, NOES 0 NO. 106 BY: COUNCIL MEMBERS DARIUS G. PRIDGEN, DAVID A. FRANCZYK, RICHARD A. FONTANA AND JOSEPH GOLOMBEK MORATORIUM ON DEMOLITION OF ST. ANN'S ROMAN CATHOLIC CHURCH AND SHRINE WHEREAS: The history of St. Ann's Church and Shrine began with a conversation between Mr. Stephen van Rensselaer Watson and Bishop John Timon as they rode together down Batavia Street (now Broadway) to St. Ann's Church and Shrine which has been a pillar of the East Side community; and WHEREAS: St Ann's Church and Shrine was initially built in 1858 for $7,000 and due to its growth was expanded at a cost of $135,000 for the Church and $107,000 for the St. Ann's Catholic School; and WHEREAS: The Church's beauty was only accentuated by the work the church did in the community. St. Ann's parish quickly became a major neighborhood focal point that not only cared for the spiritual needs of its community, but also its social and economic needs. Parish clubs and societies proliferated tremendously: St. Frances Xavier School Society, St. Vincent Orphan Society, Parish Council and Church Consulters, Catholic Benevolent Legion No. 197 /Queen City Council, Catholic Workers' Society Insurance Fund, Catholic Mutual Benefit Society and a host of others to name a few; and WHEREAS: St. Ann's Church and Shrine is a unique location containing singular physical characteristics that make it an established and familiar visual feature within the City. It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the City of Buffalo. WHEREAS: St. Ann's is richly engrained in Buffalo's history and her status is important to each of us who are historians of Buffalo. NOW, THEREFORE BE IT RESOLVED: The City of Buffalo Common Council goes on record in opposition of the demolition of St. Ann's Church and Shrine; and NOW, THEREFORE BE IT FURTHER RESOLVED: The Common Council hereby directs the Commissioner of Permit and Inspection Services to deny issuance of any demolition permit for the St Anne's Roman Catholic Church and Shrine, 651 Broadway, Buffalo, New York, 14212 pending Preservation Board review and hearing by the Common Council; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W Brown, the City of Buffalo Department of Permit & Inspection Services, the Office of Strategic Planning and the Buffalo Catholic Dioceses. ADOPTED NO. 107 SPONSORED BY: COUNCILMEMBER DAVID RIVERA COMMUNITY FOUNDATION FOR GREATER BUFFALO'S (CFGB APPLICATION FOR URBAN INITIATIVE GRANT Whereas: The Urban Initiative program, administered by the State's Division of Homes and Community Renewal, provides financial and technical resources to communities for the restoration and improvements of housing, commercial, and community facilities in urban neighborhoods; and Whereas: CFGB recently launched the Buffalo Green and Healthy Homes Initiative ( "Buffalo GHHI "), which promotes and coordinates local programs for weatherization, lead hazard control, asthma control, and other health and safety improvements in low- income homes; and Whereas: The project will be a collaboration between CFG'B, Habitat for Humanity ('HH "), the Center for Employment Opportunities ( "CEO "), and People United for Sustainable Housing ( "PUSH ") with each organization lending its expertise in (HH and PUSH) and workforce training (CEO); and Whereas: HH will be responsible for renovating 324 14 Street, where they will turn a current vacant dwelling into a highly energy efficient, affordable home that will meet or exceed national green building certification standards and be owner - occupied by a pre- approved low income person /family; and Whereas: PUSH will be responsible for renovating 16 Winter Street, where they will turn a current vacant dwelling into a highly energy efficient, affordable home that will meet or exceed national green building certification standards; and Whereas: CEO will administer the transitional employment and hands -on training for 80 -100 individuals on the two work sites where workers will learn supervised hands -on construction skills training and training in the application and installation of green and healthy homes measures and will become GHHI certified workers through complimentary classroom training; and Whereas: This project will meet regional economic development priorities connected to job creation and smart growth, and also local community priorities related to affordable housing, weatherization and energy affordability, and green job training and creation. Now, Therefore Be It Resolved: The Common Council approves this project and fully endorses the Community Foundation of Greater Buffalo's Urban Initiatives application. ADOPTED :YALVi&N:111*1144, NO. 108 SALARY AND WAGE SCHEDULE "C" 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 "C ", PBA, 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. 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. Byron W. Brown, Mayor Mark J.F. Schroeder, Comptroller Copy available for review in the City Clerk's Office PASSED AYES 9, NOES 0 NO. 109 BY: MR. SCANLON, MR. FRANCZYK SUPPORT OF THE OLD FIRST WARD COMMUNITY ASSOCIATION NEW YORK STATE MAIN STREET PROGRAM Whereas: The Old First Ward Community Association is dedicated to revitalizing the neighborhoods near and around South Buffalo and the Buffalo River; and Whereas: Community surveys have demonstrated the need to revitalize the Abbott Road Commercial Corridor; and Whereas: The New York State Division of Housing and Community Renewal offers funding under the Main Street Program to revitalize commercial corridors; and Whereas: The Old First Ward Community Center is applying for Main Street Funds from NYSDHCR for the Abbott Road Commercial Corridor; and Whereas: As a requirement under the rules of this program, the Old First Ward Community Association must obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve and endorse the application of the Old First Ward Community Association for a grant under the New York State Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the revitalization of the Abbott Road Commercial Corridor and supports the application of the Old First Ward Community Association for New York State Main Street funds as a part of the overall Abbott Road Commercial Corridor Revitalization effort. ADOPTED NO. 110 SPONSOR: CHRISTOPHER P. SCALLION WAIVE EVENT FEES FOR ANNUAL OUR LADY OF CHARITY FEAST OF THE ASSUMPTION MASS AND ICE CREAM SOCIAL AT HEACOCK PARK 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 Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park will take place on Thursday, August 15, 2013 at 7pm in Heacock Park between Abbott Road, McKinley Parkway, and Southside Parkway; and WHEREAS, The mass is an annual event open to all members of the community. The ice cream social following the mass provides neighbors with the opportunity to socialize, strengthening relationships throughout the community; and WHEREAS, The Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park is not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works and Special Events. PASSED AYES 9, NOES 0 NO. 111 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR POLL WATCHER TRAINING AND INSTRUCTION CLASS 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 Poll Watcher Training and Instruction Class will take place from Monday, August 19, 2013 to Friday, August 23, 2013 from 9:OOam to 4:30pm each day at Tosh Collins Community Center; and WHEREAS, This training and instruction class will ensure orderly conduct on voting day and will allow Poll Watchers to provide apolitical voting instructions to voters; and WHEREAS, Voting is a democratic right and voting locations are dependent upon the tireless work of volunteers who will be trained as Poll Watchers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, and the Department of Public Works waive all fees applicable for Poll Watcher Training and Instruction Class; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES 9, NOES 0 NO. 112 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR WOODSIDE UNITED METHODIST CHURCH PICNIC IN CAZENOVIA PARK 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 Woodside United Methodist Church Picnic in Cazenovia Park will take place on Sunday, August 25, 2013 in Cazenovia Park; and Whereas: The picnic is open to all members of the community and provides neighbors with the opportunity to socialize, strengthening relationships throughout the community; and Whereas: Woodside United Methodist Church Picnic in Cazenovia Park is not for profit and dependent upon the tireless work of volunteers; and Now, Therefore, Be it Resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the Woodside United Methodist Church Picnic in Cazenovia Park; and Be It Further Resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works and Special Events. PASSED AYES 9, NOES 0 NO. 113 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND EVENT FEES ASSOCIATED WITH "PRAYER IN THE PARK" Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be changed with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the code; and Whereas: "Prayer In the Park" is an annual event organized by Sister Wanda L. Strong Howard of Prayer In the Park Ministry; and Whereas: "Prayer In the Park" is a celebration whereas people come from far and near for praise and worship, food is served, and giveaways of items such as clothes, food, and school supplies to the less fortunate; and Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives the Park Rental and Event Fees for "Prayer In the Park ". Be It Further Resolved: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. PASSED AYES 9, NOES 0 NO. 114 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Pershing Ave Remembrance and Recognition Day By Councilmember Pridgen ADOPTED 0 1 WNIN1 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Louis A. Cardona II Catherine L. Wood Total: 2 NO. 116 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, Sept. 10, 2013 at 9:45 o'clock A.M. Committee on Finance Tuesday, Sept. 10, 2013 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Sept. 10, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Sept. 10, 2013 at 2:00 o'clock P.M. Special Committees (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. 117 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:39 PM GERALD A. CHWALINSKI CITY CLERK