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Home My WebLink About13-1029 (2)NO. 20 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 29, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE Oct. 29, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Pres Bd- Application for Landmark Status -St Anne's Church & Shrine - 651 Broadway(Ell)(hrg 11/06) LEG 2. Plan Bd- Negative Declaration Upgrade/Renovation -847 Main St(Ell) R &F 3. Plan Bd -SEQR- Negative Declaration -284 Franklin(Ell) R &F 4. Plan Bd -SEQR- Negative Declaration -1340 William St(Fill) R &F PUBLIC WORKS 16. 5. Change in Contract - City -Wide Site Specific Sidewalk Replacement APP 6. Change in Contract -Cocoa Cola Field(Amended)(Ell) APP 7. Permission to Hire Consultant -Erie Basin Marina Hatch & 2nd Floor APP 8. Report of Bids - Historical Society Window Replacement(North) APP 9. Report of Bids - Jersey St Curb & Sidewalk(Nia) APP 10. Report of Bids -JFK Facade Improvements(Ell) APP 11. Report of Bids -North District Site Specific Concrete APP 12. Report of Bids -Site Specific Concrete Restoration of Water Cuts APP 13. Appoint Supervisor of Street Sanitation I(Prov)(Inter)(Hayden) CS 14. Appoint Supervisor of Streets Sanitation I(Temp)(Inter)(Giovino) CS 15. Appoint Truck Driver(Prov)(Max)(Campeau, Frederick) CS POLICE 16. Drug Asset Forfeiture Wire Transfers R &F CORPORATION COUNSEL 17. Approval of First Amendment- PILOT- Sublet Small Portion of Health Now - 249 -257 West Genesee to URS Corp(Fill) APP 18. Approval of Sanitary Sewer Easement Relocation Agmt for Harbor District Assoc LLC at Main & Scott St APP 19. Claims Committee Agenda(Mtg 11/06) CLAIMS 20- 19A Update on Lock Up Agmt Btwn COB and EC- Handling Pre - Arraigned Female Arrestees APP 21- 20. Appoint Asst Corporation Counsel II(Temp)(Lee) CS PERMITS AND INSPECTIONS 22- 21. Food Store License (New) -2756 Bailey(Mas) LEG 23- 22. Food Store License(New) -441 Fillmore(Fill) LEG 24- 23. Food Store License(New) -315 Jersey(Nia) APP 25- 24. Food Store License(New) -319 Massachusetts(Nia) APP 26- 25. Used Car Dealer -1525 William(Fill) APP COMMUNITY SERVICES /CITIZEN RIGHTS 27- 26. Appoint Secretary to Commission on Citizen Rights(Exempt)(McDuffie) CS CITY CLERK 28- 26A. Items returned by Mayor without Approval/Disapproval - #56 C.C.P. 10/15/2013 Response to Vacant Lot -184 Brinkman R &F 29- 26B. Chicken License Complaint and Attached Application Referred to the Common Council for Recommendation -33 Helen(Nia) CD 30- 27. Notice of Intention - Request to Designate 125 Main St as "One Canalside" (Fill)_ADOPT 31- 28. Board of Ethics Meeting Minutes- 9/10/2013 R &F 32- 29. Restricted Use Permit -69 W. Chippewa(11 /7/2013)(Ell) DENY 33- 30. Restricted Use Permit -69 W. Chippewa(11 /14/2013)(Ell) APP 34- 31. Restricted Use Permit -75 W. Chippewa(11 /8/2013)(Ell) DENY 35- 32. Restricted Use Permit -75 W. Chippewa(11 /15/2013)(Ell) APP 36- 33. Liquor License Applications R &F 37- 34. Leaves of Absence R &F 38- 35. Reports of Attendance R &F 39- 35A. Certificate of Appointment Legislative Assistant(Steinwandel)(South) ADOPT 40- 36. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS M. Lane, Owner, Use 3260 Bailey Avenue -Auto Sales and 41- 37. Buffalo Water Bd Report- Contract Yr 4 -Sept 2013 R &F 42- 38. LP Ciminelli -Board Packet Documents October 2013 ED 43- 39. DEC - Brownfield Cleanup Notice -73 -79 W. Huron St R &F 44- 39A. R. Fontana -NYS Application for Real Property Exemption for Nonprofit Org._APP 45- 40. M. LoCurto -City Charter - Property Maintenance Ch 341 - Article II LEG 46- 41. Savarino Co. LLC- Notice of Appeal -441 Ohio St.(Fill) LEG RESOLUTIONS 56- 42. Golombek,etc Betting on Gambling Casinos is a Losing Game CD 57- 42A Scanlon Appoint Legislative Assistant- South(Steinwandel) ADOPT 58- 42B Smith,etc Food Policy Council of Buffalo & Erie County(FPC) ADOPT 59- 43. Smith Comm of Deeds -Public Duties ADOPT 60- 44. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 47- 1. Com 25 Oct 15 Appoint Lieutenant (Perm)(Min)(Hartman)(Fire) 48- 2. Com 35 Oct 15 Notices of Appointments- Temp /Prow /Perm(Cty Clk) COMMUNITY DEVELOPMENT 49- 3. Com 6 Oct 15 Trinity Towers II Housing Dev /Trinity Towers Apts PILOT(Strat Plan)_RECOMMIT LEGISLATION 50- 4. No 45 Oct 15 Y. Gebre, Owner, Use 3355 Bailey Ave for a Restaurant in the Kensington CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 29, 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 --0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on October 15, 2013 were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE FROM THE BUFFALO PRESERVATION BOARD NO. 1 APPLICATION FOR LANDMARK STATUS -ST ANNE'S CHURCH & SHRINE - 661 BROADWAY(ELL)(HRG 11 /06)(PRES BD) Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Application for Landmark Status: St Ann's Church and Shrine, 651 Broadway. I_ "r R &F Special Zoning District(hrg 10 /22)(Univ) APP 51- 5. No 44 Oct 15 B. Burri, Agent, Rezone 422,424 and 426 Dingens St From an R -2 Residential To C -2 Community Business District(hrg 10 /29)(Lov) TABLE 52- 6. No 37 Oct 15 R. Fontana -C. Mueller -Info Time Warner Cable- Digital to Analog R &F 53- 7. No 52 Sept 18 M. Lane, Owner, Use 3260 Bailey Avenue -Auto Sales and Repair Garage(Univ)(hrg 9/25) APP 54- 8. No 64 May 14 J. Carrier, Owner, Use 600 E. North St -to Place 4' Fence and Post for Canopy On City ROW, Outdoor Caf6 W /Live Music(Fill)(no hrg) APP 55- 9. Com 15 Sept 18 City Hall Cafeteria Contract Extension(PW) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 29, 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 --0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on October 15, 2013 were approved FROM THE MAYOR FROM THE MAYOR EXECUTIVE FROM THE BUFFALO PRESERVATION BOARD NO. 1 APPLICATION FOR LANDMARK STATUS -ST ANNE'S CHURCH & SHRINE - 661 BROADWAY(ELL)(HRG 11 /06)(PRES BD) Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Application for Landmark Status: St Ann's Church and Shrine, 651 Broadway. I_ "r R &F The Buffalo Preservation Board recommends that the Buffalo Common Council Designate St. Ann's Church and Shrine, 651 Broadway be designated a local landmark. The attached application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that the property offers as the City of Buffalo as well as possible threats the building may face in the future. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board at its September 19, 2013 meeting. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that St. Ann's meets 7 of the 9 criteria for designation as a Local Landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. St Ann's Church is one of Buffalo's oldest Catholic parishes founded in 1858. The parish under the leadership of the Jesuit fathers would serve the large German population of the East side. German immigrants were the largest and most dominant ethnic groups in Buffalo. In addition to the spectacular 1878 church, a grammar school constructed in 1895 would be Buffalo's largest Catholic school housing as many as 2000 students at a time. It would remain open until 2006. The parish would later become an active center for the Polish community, and presently the African American population and refugees settling in the neighborhood. St Ann's is also home to a shrine to St. Ann affiliated with the Arch confraternity of Ste. Anne -de- Beaupre in Quebec, Canada (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. St. Ann's is a very accurate reflection of the City of Buffalo through the years. Designed in the Gothic revival style, so prevalent at the time of its construction, the church would serve the constantly changing population of its surrounding neighborhood. Originally built by the German residents it would later serve the Polish community, African American residents and most recently African refugees settling in Buffalo. (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. St Ann's was established by Buffalo's first Roman Catholic Bishop, John Timon in 1858. The Jesuit fathers serving both St Ann's and St Michael's would create the Buffalo Mission of the Province of Germany which would extend from Buffalo to Wyoming and South Dakota. Six Catholic parishes would be formed from the original territory of St Ann's. These included St. Mary of Sorrows, Sacred Heart, St. Agnes, St. Mary Magdalene, Holy Name of Jesus, and St. Jochim's. The Sisters of St Francis of Penance and Christian Charity would staff what was the largest Catholic elementary school in Buffalo from 1874 -2006. They would open St Ann's Commercial School in 1918 which would amalgamate into Bishop McMahon High School in 1949. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. Designed in the neo- Gothic style popular at the time of its construction, St Ann's is built of limestone taken from a nearby limestone quarry in Lockport, NY. The interior is especially exquisite with superb woodwork, plaster, marble, paintings and stained glass windows. The interior is simply one of the finest most elaborate churches in Buffalo. It rivals many churches in Europe. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. St. Ann's is based on a design by Architect Francis Himpler. His plan, was used as the basis for a later design sheparded by Brother Halfman, a Jesuit Brother who served as site engineer. Born in Germany in 1833, Himpler arrived in the United States in 1867 and set up his practice in New York City. Specializing in Gothic revival he would design St. Francis de Sales Church, Cincinnati; SS. Peter and Paul Church, St. Louis; St. Alphonus Church, NYC; St. Mary, Sandusky, OH; and St. Joseph's Church, Detroit. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. St. Ann's is a fine example of Gothic revival design prevalent at the time of its construction. St. Ann's parishioners did much of the construction labor themselves. The stained glass windows were fabricated by F.X. Zettler of Munich in 1889 and are some of the most thematically consistent sets ever executed by the company. The interior of the church has some of the most lavish plaster work and woodwork almost all produced here in Buffalo. (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. For almost 140 years the steeples of St. Ann's have towered over the east side of Buffalo. Even after their alteration in 1964, their truncated image is a familiar and consistent image of this great edifice. The church would be a landmark for the German community who originally built it and remains an anchor for the succeeding generations of all residents of Buffalo. The Preservation Board has reviewed the building conditions reports prepared for the Buffalo Catholic Diocese documenting the conditions of the building and recommendations for repairs. It is the opinion of the Preservation Board based on their expertise in Architecture and construction that the repairs and costs recommended in these reports is excessive. It is not denied that repair is required to the church, but the work needed to make it stable, safe and weather tight can be accomplished for much less cost than the proposals suggest. In addition, members have visited the site and inspected both the exterior and interior of the building. One of those visits was on Saturday, October 21, 2013. During this visit we were astounded by the magnificence of St Ann's but also by the excellent condition of the interior, especially considering the public declarations by the Diocese that the church must be demolished. It should be noted that over 3" of rain had fallen during the previous 24 hours and no serious water infiltration could be seen. The rush to demolish is unnecessary and ill advised. This application is in keeping with the Preservation Board's responsibility to nominate potential buildings that meet the criteria for designation and safeguard the city's history and heritage as embodied and reflected in its landmarks and to avoid demolition of historically or architecturally important properties. The recognition o f landmark status proposed for St Ann's will provide opportunities for resources that will help preserve this important building. If you have any more questions, feel free to contact me. Paul McDonnell, AIA Chair, Buffalo preservation Board Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD NO. 2 NEGATIVE DECLARATION UPGRADE /RENOVATION -847 MAIN ST (ELL)(PLAN BD) NEGATIVE DECLARATION Determination of Non - Significance Lead Agency: City of Buffalo Planning Board Date: 10/22/13 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The City of Buffalo Planning Board (the "Board "), as lead agency, has reviewed the proposed project ( "action ") and determined that it will not have a significant adverse environmental impact and that a Draft Environmental Impact Statement will not be prepared. Name of Action. Upgrade /Renovation of 847 Main Street Location of Project Site: 847 Main Street, Buffalo, New York; Tax Map No. 111.23- 1 -3.1. SEQR Status: Unlisted Action. Description of Action: The proposed redevelopment project proposes re -use of the former Smart Pill building in a manner that provides an upgrade to the Medical Campus, and particularly to the Main Street aspects of the building. There will be no increase in the footprint of the building. An entire new entranceway will face Main Street. To accommodate the laboratory needs of the tenants, an external bulk liquid nitrogen tank and vaporizer assembly, an external bulk argon gas tank, and new HVAC and electrical equipment will be placed next to the building and shielded from view. An existing curb cut on Washington Street is being reconnected to the existing parking lot in order to facilitate off street servicing of new equipment. Additional greenery is being added to match recent Washington Street plantings. The Board notes that under the SEQRA regulations (6 N.Y.C.R.R. § 617.5(c)(7)) and the City SEQRA regulations ( §168- 5)(B)(2)), because this a "replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire Codes," that does not exceed Type I standards, it is correctly classified as a Type II action. However, out of an abundance of caution, the Board has determined to treat the Project as if it were an Unlisted action. Reasons Supporting this Determination: The Board has identified the relevant areas of environmental concern and has taken a hard look at each of the identified areas as required by the State Environmental Quality Review Act ( "SEQRA "). The Board compared the proposed project ( "action ") with the criteria for determining significance identified in 6 NYCRR § 617.7(c)(1) and in accordance with 6 NYCRR § 617.7(c)(2) and (3). As indicated below in the discussion of each criterion specified in 6 NYCRR § 617.7(c)(1), the Project will not have a significant adverse impact on the environment. (i) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; a. Traffic Impacts The Project will not have a significant adverse impact upon traffic or transportation. The Project involves the redevelopment and reuse of an existing facility. The existing building footprint will not be expanded. There will be no significant increase in traffic in the area as the result of the Project. There will be sufficient parking for the occupants of the building in compliance with the City Code, and additional parking is available at other areas on the campus. b. Noise Impacts The Project will not create a significant adverse noise impact. While there may be some noise incidental to construction at the site, such impact will be temporary and will not be significant. b. Air Quality Impacts The Project will not create a significant adverse impact to air quality. c. Wetland Impacts There will be no impact to wetlands. The Project involves renovating an existing building on an already developed site. There are no wetlands near the Project site. d. Erosion, Flooding and Drainage Impacts The Project includes redevelopment of an existing and already developed site. The building footprint will not be expanded and there will be very minor, if any, increases in impervious surfaces. The existing site drainage will be retained. Thus, there will be no significant impacts from erosion, flooding, or drainage issues. c. Solid Waste Production There will be construction and demolition debris associated with renovation and upgrading existing structures. Such construction and demolition debris will be disposed of in accordance with all applicable federal, state, and local laws and regulations. The tenants of the facility will generate solid waste consistent with the facility's historic commercial uses. Thus, there will be no significant adverse impacts related to solid waste production. (ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources; The Project contemplated redevelopment and upgrading of a fully developed site. The Project will include plantings, consistent with adjoining properties. Thus, there will be no removal or destruction of large quantities of vegetation or fauna as the result of the Project. Nor will there be substantial interference with the movement of any resident or migratory fish or wildlife species. There will not be any impacts on a significant habitat area or any impacts on wildlife. The Project site is in an urban /commercial area and there will be no significant impacts. (iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part; There will be no such impacts. (iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; The Project is consistent with the City's current plans and goals. The Project site is located within the City's CM General Commercial District, and the proposed use is permitted under the City's zoning regulations. The proposed redevelopment project proposes re -use of the former Smart Pill building in a manner that provides an upgrade to the Medical Campus, and particularly to the Main Street aspects of the building. There will be no increase in the footprint of the building. An entire new entranceway will face Main Street. In the Queen City Hub Plan, the City recognized "we need a judicious expansion of technologically up -to -date space combined with the reuse of older office buildings all tailored to meet new demands." This project directly accomplishes that goal, re -using an existing building while expanding the City's leading job creation activities. (v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; The proposed Local Law will have no adverse impact on the surrounding community character. In fact, the Project will upgrade existing buildings in an effort to upgrade the Medical Campus. The Project conforms to officially adopted plans or goals of the City, and will help to carry forth the City's intent with respect to the CM General Commercial District. (vi) a major change in the use of either the quantity or type of energy; There will be no such impacts. (vii) the creation of a hazard to human health; There will be no such impacts. To accommodate the laboratory needs of the tenants, the Project includes installation of an external bulk liquid nitrogen tank and vaporizer assembly, an external bulk argon gas tank, and new HVAC and electrical equipment to be placed next to the building and shielded from view. The external location of these components is consistent with applicable safety regulations. The storage and maintenance of these components will be managed in accordance with all applicable federal, state, and local law. Thus, there will be no creation of a hazard to human health as the result of the Project. (viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; There will be no such impacts. (ix) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; There will be no such impacts. (x) the creation of a material demand for other actions that would result in one of the above consequences; There will be no such impacts. (xi) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or There will be no such impacts. (xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this' subdivision. There will be no such impacts. For Further Information: Contact Person: Martin Grunzweig, Land Use Control Coordinator Address: City of Buffalo Department of Planning Room 901, City Hall Buffalo, New York 14202 Telephone Number: (716) 851 -5085 RECEIVED AND FILED NO. 3 SEQR- NEGATIVE DECLARATION -284 FRANKLIN(ELL)(PLAN BD) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Renovation to 284 Franklin Street Location: 284 Franklin Type of Action: uncoordinated - unlisted Description: Tommaso Briatico Architects is proposing on behalf of Buffalo Development Corporation the renovation of the building located at 284 Franklin Street Buffalo New York. The renovation will include utilizing the existing 3200 square foot building modifying it to have a 3575 square foot and a 3960 square foot mezzanine and patio for a total of 7535 square feet. This project includes a cooler and stairwell addition at the rear of the building as well as a mezzanine and patio addition with a projected overhang for additional seasonal seating. There is an existing parking lot on the property to the south of the building with nine spaces which will be utilized for the restaurant. Parking is also available in lots directly across the street from the project area. The building is currently a masonry block building in good condition with a brick front facade which will be entirely re- clad using an artificial stone base to protect the building for the first t three feet and high end metal and wood finishes throughout the rest of the facade. The will be an eleven foot projection for seasonal dining over the parking area to which will be separated from the indoor second floor dining by fully operational sliding doors. The second floor patio area will be partially covered with a permanent roof for seasonal use. All new energy efficient windows, doors and lighting, appliances and equipment will be installed. The project will be constructed in a single phase and is expected to be complete by the end of January 2014: 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 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. The project will take a vacant building, renovating adding significant improvement to a quickly growing section of Franklin Street The project will also create new jobs for City of Buffalo residents. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO.4 SEQR- NEGATIVE DECLARATION -1340 WILLIAM ST(FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: D &M Refrigeration Location: 1340 William Street Type of Action: uncoordinated - unlisted Description: K1 Architecture is proposing on behalf of D &M Refrigeration the construction of warehouse addition located at 1340 William Street Buffalo New York. The 6000sf warehouse space for D &M Refrigeration will also include limited paving and the addition of a concrete recessed loading dock. The company provides sales of commercial kitchen equipment throughout Western New York end beyond since 1994. The building design will include a one story pre- engineered building with architectural metal panels to match the existing facility. The height of the new addition will also match the existing height of the existing building. The primary use of the neighboring properties is light industrial. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse effect 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 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. The project will help an existing successful business located in the City of Buffalo maintain stability and stay {seated in the City. 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, and Buffalo New York 14202 - 716 851 -508 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 6 CHANGE IN CONTRACT GROUP #759 CITY -WIDE SITE - SPECIFIC SIDEWALK REPLACEMENT CONTRACT #93001005 PRIOR COUNCIL REFERENCE: #17 of 7/10/12 1 hereby submit to your Honorable Body the following quantity additions to the contract for the above named Project. This change order is necessary m complete additional sidewalks replacement identified by City inspectors. Existing Contract Amount $229,691.00 Increase in Contract $ 116.84 Total Contract To Date $229,807.84 Funds for the contract increase are available in Capital Projects Account # 36319406 -445 100 and /or an account to be named at a future date. I respectfully certify that this change order 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 issue said change order to Valeri Concrete Construction Inc. 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 October 23, 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 $116.84 (Original Contract Amount $229,691.00 + Change Order #1 $116.84 for a Revised Contract Amount of $229,807.84) for City -wide site - specific sidewalk replacement, Group #759, to Valeri Concrete Construction, Inc., C #93001005. Funds for this work are available in Capital Project Account #36319406- 445100 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 6 AMEND - CHANGE IN CONTRACT COCA COLA FIELD RENOVATIONS JOB #1274 G ELLICOTT DISTRICT PRIOR COUNCIL REFERENCE: NO. 13 OF 10/15/13 Previous Item referenced incorrect Contract Title as Distributed Sound System & Renovations. Correct Title is Coca Cola Renovations. 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 October 22, 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 #2 in the amount of $12,334.00 (Original Contract Amount $315,000.00 + Change Order #1 $12,334.00 for a Revised Contract Amount of $327,334.00) for Coca Cold Field, to Spicer Group (S &W Contracting), C #93001126. Funds for this work are available in Account #35324706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 7 PERMISSION TO HIRE CONSULTANT - ERIE BASIN MARINA HATCH & SECOND FLOOR PHASE 2 1 hereby request that Your Honorable Body authorize the Department of Public Works, Parks, and Streets to engage the professional services of DiDonato Associates for the design and construction phase for Phase 2 upgrades to the Hatch Restaurant and Second Floor Patio Addition located at the Erie Basin Marina. This work shall include, but is not limited to, interior renovations to the Hatch Restaurant and the construction of a second floor enclosed dining area and exterior patio. The RFP for the operation of the Hatch Restaurant will be going out this month. In order to maximize the City's financial benefit from expanded operations, we would like to expedite this project. We estimate the total cost of design, engineering, construction administration and inspection not to exceed $120,000.00. Funds for this project are available in Bond Funds 35328206 445100 - Buildings, 36328206 445100 - Buildings, and an account(s) to be named at a later dated. This consultant was procured through a Request for Qualification (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage the professional services of DiDonato Associates for the design and construction phase for Phase 2 upgrades to the Hatch Restaurant and second floor patio addition located at the Erie Basin Marina. This work shall include, but not be limited to, interior renovations to the Hatch Restaurant and the construction of a second floor enclosed dining area and exterior patio. The consultant was procured through a Request for Qualifications (RFQ) process. The funds for this project are available in Bond Funds Account #35328206 445100 - Buildings, 36328206 445100 - Buildings, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 8 REPORT OF BIDS HISTORICAL SOCIETY WINDOW RECONSTRUCTION JOB #1313 NORTH DISTRICT I advertised for on September 10, 2013 and received the following formal sealed bids for the Historical Society, Window Reconstruction, which were publicly opened and read on September 24, 2013. Base Bid Air #1 Air #2 Alt #3 Jens Glass Co. $29,600.00 $3,775.00 $3,775.00 $3,775.00 ISgFT No Bid No Bid No Bid No Bid NewCal Construction, Inc. No Bid No Bid No Bid No Bid Reed Construction No Bid No Bid No Bid No Bid Construction Exchange No Bid No Bid No Bid No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Jen's Glass Co., with a base bid of $29,600.00, add Alt. #1 for $3,775.00, add Alt. #2 for $3,775.00, add Alt. #3 for $3,775.00, for a total bid of Forty Thousand Nine Hundred Twenty -Five Dollars and 00/100 Dollars ($40,925.00) 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 34324206 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 October 17, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Historical Society Window Reconstruction with Jen's Glass Co. in the amount of $40,925.00 ($29,600.00 Base Bid + Alt. #1 for $3,7750.00 + Alt. #2 for $3,775.00 + Alt. #3 for $3,7550.00 for a Total Bid Amount of $40,925.00). Funding for this project is available in Account #34324206 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 9 REPORT OF BIDS, GROUP #764 -G #430 JERSEY STREET CURB & SIDEWALK In obtaining these informal 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 quantifies of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Master's Edge, Inc. $31,705.00 3409 Broadway Street Cheektowaga, NY14227 P &J Construction Co. Inc. $32,125.00 709 Pleasant View Drive Lancaster, NY 14086 Campobello Construction Co. Inc. $32,796.00 23 Stratford Road Buffalo, NY 14216 I hereby certify that the low bidder for the above project is Master's Edge, Inc.. I respectfully recommend a contract award to Master's Edge, Inc.in the amount of $31,705.00 with a contingency amount of $2,500.00. Funds for this contract are available in #35317506 - 445100 and an account(s) to be named at a later date. 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 October 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Jersey Street Curb and Sidewalk project with Master's Edge in the amount of $31,705.00 with a contingency amount of $2,500.00. Funding for this project is available in Account #35317506 - 445100 and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 10 REPORT OF BIDS JFK FACADE IMPROVEMENT JOB #1306 ELLICOTT DISTRICT I advertised for on September 17, 2013 and received the following formal sealed bids for the JFK Community Center, Facade Improvement, which were publicly opened and read on October 10, 2013. Base Bid Goodwin Electric $44,700.00 201 S Youngs Rd, Williamsville, NY Frey Electric Construction Co. $61,475.00 100 Pearce Ave., Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Goodwin Electric, with a bid of Forty Four Thousand Seven Hundred Dollars and 00/100 Dollars ($44,700.00) 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 35328306 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks mad Streets, dated October 17, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the JFK Community Center facade improvement with Goodwin Electric in the amount of $44,700:00. Funding for this project is available in Account #353280306 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 11 REPORT OF BIDS, GROUP #764 -H NORTH DISTRICT SITE SPECIFIC CONCRETE In obtaining these informal 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 Campobello Construction Co. Inc. $31,237.50 23 Stratford Road Buffalo, NY 14216 P &J Construction Co. Inc. $38,050.00' 709 Pleasant View Drive Lancaster, NY 14086 Master's Edge, Inc. $40,750.00 3409 Broadway Street Cheektowaga, NY 14227 'Adjusted Amount I hereby certify that the low bidder for the above project is Campobello Construction Co., Inc. I respectfully recommend a contract award to Campobello Construction Co., he.in the amount of $31,237.50 with a contingency amount of $2,500.00. Funds for this contract are available in #35317606 - 445100 and an account(s) to be named at a later date. 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 October 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the North District site - specific concrete with Campobello Construction Co., Inc. in the amount of $31,237.50, with a contingency mount of $2,500.00. Funding for this project is available in Account #35317606 - 445100 and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 12 REPORT OF BIDS, GROUP #764 -F SITE SPECIFIC CONCRETE RESTORATION OF WATER CUTS CITY WIDE In obtaining these informal 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 P &J Construction Co. Inc. $26,100.00 709 Pleasant View Drive Lancaster, NY 14086 Romancing the Stone $54,300.00 P.O. Box 553 Medina, NY 14103 Campobello Construction Co. Inc. $87,073.00 23 Stratford Road Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is P &J Construction Co. Inc. I respectfully recommend a contract award to P &J Construction Co. Inc in the amount of $26,100.00 with a contingency amount of $2,500.00. Funds for this contract are available in #53230786 - 445100 and an account(s) to be named at a later date. 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 October 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the site - specific concrete restoration of water cuts, City -wide, with P &J Construction Co. Inc. in the amount of $26,100.00, with a contingency amount of $2,500.00. Funds for this contract are available in Account #53230786 - 445100 and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 13 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(INTER)(HAYDEN) Certificate of Appointment Appointment Effective 10/18/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor of Street Sanitation I Provisional Open- Competitive Intermediate starting salary of $37,826 Ronald Hayden, 550 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 14 APPOINT SUPERVISOR OF STREET SANITATION I(TEMP)(INTER)(GIOVINO) Certificate of Appointment Appointment Effective 10/18/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor of Street Sanitation I Temporary Open- Competitive Intermediate starting salary of $37,826 Samuel Giovino, 334 Crestwood Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 15 APPOINT TRUCK DRIVER (PROV)(MAX)(CAMPEAU, FREDERICK) Certificate of Appointment Appointment Effective 10/21/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Provisional Open- Competitive Maximum starting salary of $37,447 Jeffrey Campeau, 407 Huntington Avenue, Buffalo 14214 Phillip Frederick, 98 Rebecca Park, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 16 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 13 -DEA- 580606 C2 -11 -0156 1,080.00 12 -D EA- 573547 C2 -13 -0014 1,193.34 12 -DEA- 569721 C2 -12 -0119 1,347.21 13 -DEA- 581101 C2 -13 -0081 1,884.60 13 -DEA- 581031 C2 -13 -0056 72Z13 12- DEA- 569666C2 -12 -0119 3,566.87 10- FBI - 001524 3110 -10 -0010 1,406.27 12 -DEA- 569704 C2 -12 -0119 72.16 13 -DEA- 581706 C2 -13 -0086 1,787.94 13 -DEA- 582441 C2 -13 -0095 2,172.42 13 -DEA- 581685 C2 -13 -0085 1,998.00 11 - FBI- 004411 3110 -11 -0044 164.91 11 -FBI-00441 0 3110 -11 -0043 97.83 10- FBI - 001523 3110 -10 -0009 3,491.80 12 -DEA- 569700 C2 -12 -0119 969.21 12 -DEA- 569700 C2 -12 -0119 3,874.36(15% SAFF DEP #07 DEA TOTAL $25,829.05 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. 17 APPROVAL OF FIRST AMENDMENT TO PILOT APPLICATION AGREEMENT TO FACILITATE SUB - SUBLETTING OF A SMALL PORTION OF THE HEALTHNOW FACILITY AT 249 -257 WEST GENESEE STREET TO URS CORPORATION WHICH WILL RESULT IN A MODEST INCREASE IN PILOT PAYMENTS BEING MADE TO THE CITY ITEM NO. 133, C.C.P. 06/28/05 AND ITEM NO. 113, 06/12/07 The City of Buffalo previously in 2005 and in 2007 approved a PILOT arrangement for the HealthNow facility through the ECIDA. The HealthNow facility PILOT agreement and related agreements allow for PILOT payments over and above the amounts typically paid to the City under a standard PILOT agreement to be directed by ECIDA towards repayment of the HealthNow facility project redevelopment debt. The City has continued to receive the HealthNow facility PILOT payments typically payable to the City under standard PILOT arrangements. HealthNow has advised that HealthNow wishes to Sub - Sublease to URS Corporation ( "URS') approximately 28,253 sq. ft. of space within the HealthNow project (the "URS Space "), representing approximately 2.95% of the total square footage of the HealthNow project. This proposed sub - subletting arrangement very recently has been approved by the ECIDA and will result in a small increase in PILOT payments being made to the City of Buffalo (ranging from approximately additional $29,139.60 per year to $34,967.52 per year during the period running from 2014 -2015 through 2022 - 2023). It is noteworthy that URS will be vacating space in the medical corridor that will then be available for medical related uses. This is a win win situation for all involved. In order to properly effectuate the URS relocation and the corresponding appropriate adjustments to the PILOT arrangements at the HealthNow facility, it will be necessary for the City to execute a First Amendment to PILOT Application Agreement in substantially the form attached hereto. Accordingly, the Law Department requests your Honorable Body to: Grant the Mayor the specific authority to enter into a First Amendment to PILOT Application Agreement in form and substance similar to the attached Agreement, Authorize the Law Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the URS relocation and the corresponding appropriate adjustments to the PILOT arrangements at the HealthNow facility, and Direct the Law Department and other appropriate City personnel to negotiate to finalization said First Amendment to PILOT Application Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, Office of Corporation Counsel, dated October 22, 2013, be received and filed; and That the Common Council hereby grants the Mayor the specific authority to enter into a First Amendment to PILOT Application Agreement in form and substance similar to the agreement previously submitted by communication dated October 22, 2013; and that the Common Council hereby authorizes the Law Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the URS relocation and the corresponding appropriate adjustments to the PILOT arrangements at the HeatlhNow facility; and that the Common Council hereby directs the Law Department and other appropriate City personnel to negotiate to finalization said First Amendment to PILOT Application Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES -9 NOES -0 NO. 18 APPROVAL OF SANITARY SEWER EASEMENT RELOCATION AGREEMENT FOR HARBOR DISTRICT ASSOCIATES LLC, AT MAIN AND SCOTT STREETS, BUFFALO, NEW YORK The City of Buffalo previously in about 1965 approved an easement arrangement with the State of New York for placement of a sanitary sewer line to serve the former Donovan Building on Main and Scott Streets in the City of Buffalo. The current owner of this property has advised that the development of the property and reconstruction of the former Donovan Building necessitates the relocation of the sewer line whereby the City and Buffalo Sewer Authority would release and terminate the existing easement and replace it with a new sewer related easement to serve, among other properties the reconstruction of the former Donovan Building. To facilitate the redevelopment of this property, it will be necessary for the City and the Buffalo Sewer Authority to execute a Sewer Easement Agreement in substantially the form attached hereto. The Buffalo Sewer Authority has participated in the planning and development of the new sewer line and easement agreement. Accordingly, the Law Department requests your Honorable Body to: Grant the Mayor the specific authority to enter into a Sewer Easement Agreement in form and substance similar to the attached Agreement, Authorize the Law Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the relocation, and Direct the Law Department and other appropriate City personnel to negotiate a final easement relocation and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Smith moved: That the above item be, and the above communication from the Law Department, Office of the Corporation Counsel, dated October 23, 2013, be received and filed; That the Common Council hereby authorizes the Mayor the specific authority to enter into a Sewer Easement Agreement in form and substance similar to the previously submitted Agreement; that the Common Council hereby authorizes the Law Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the sewer relocation; and that the Common Council hereby directs the Law Department and other appropriate City personnel to negotiate a final easement relocation and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES -9 NOES -0 NO. 19 CLAIMS COMMITTEE AGENDA CLAIMS COMMITTEE MEETING Wednesday, November 6, 2013 - 11:00 a.m. Hon. David A. Rivera, Chairman NO. 20 UPDATE ON THE LOCK -UP AGREEMENT BY AND BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGNED FEMALE ARRESTEES ITEM #36 CCP 04/02/2013 On April 3, 2013 the City and County entered into the "First Amendment to Lock -Up Agreement By and Between the City of Buffalo and the County of Erie" ( "First Amended Agreement ") which modified the terms of the parties' original July 1, 2003 agreement concerning pre- arraigned arrestees. By the terms of the First Amended Agreement, the County agreed to extend its provision of detention services for each of the City's pre- arraigned female arrestees from November 1, 2012 through June 30, 2013 under the same terms. The parties agreed that the City would pay for these services based on a per - person daily rate of $163.19 for each such arrestee. As a result of an unexpected medical leave in the Erie County Sheriffs Office, invoicing for this service was delayed until after the close of Fiscal Year 2012 -2013. The outstanding balance totals $237,278.26. The County SherifFs Office and the Buffalo Police Department have verified the accuracy of this total. I respectfully request that your Honorable Body authorize payment in the sum of Two Hundred Thirty Seven Thousand, Two Hundred Seventy Eight Dollars and Twenty Six Cents ($237,278.26) to the County of Erie under the terms of the contract. Said amount is to be drawn from the City's prior fiscal year claims account #17221008 - 480205, because of the invoicing delay. I also respectfully request that your Honorable Body authorize the continuation of the existing arrangement with the County of Erie through December 31, 2013 under the same terms and conditions contained in Item #35 C.C.P. 04/02/2013, as described above and as anticipated until a long term arrangement for the detention of pre- arraigned arrestees is identified. I respectfully thank you for your consideration of this matter. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, Office of the Corporation Counsel, dated October 25, 2013, be received and filed; and That the Common Council hereby authorizes payment in the sum of Two Hundred Thirty -Seven Thousand Two Hundred Seventy -Eight Dollars and Twenty -six Cents ($237,278.26) to the County of Erie under the terms of the First Amendment to the Lock -Up Agreement By and Between the City of Buffalo and the County of Erie. Funding is available in the City's prior fiscal year claims account #17221008 - 480205. That the Common Council hereby authorizes the continuation of the existing arrangement with the County of Erie through December 31, 2013 under the same terms and conditions until a long -term arrangement for the detention of pre- arraigned arrestees is identified. PASSED AYES -9 NOES -0 NO. 21 APPOINT ASSISTANT CORPORATION COUNSEL II(TEMP)(LEE) Appointment effective 10/24/2013 in the Department of Law to the Position of Assistant Corporation Counsel II, Temporary at the minimum salary of $64,939.00 David M. Lee, 212 Summit Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FOOD STORE LICENSE(NEW) 2766 BAILEY(MASTEN) AGENDA Personal Injury A.1 Dobueki, Randolph $20,000.00 A.2 Jemison, Barbara $7,500.00 A.3 Kelly, Kevin $5,000.00 A.4 Mines, Angel $160,000.00 A.5 Mosey, Acea as Admin. of the Est. of Allen Andrew $135,000.00 A.6 Paplow, Jean $99,000.00 A.7 Reyes, Valina $27,000.00 Personal Injury Total $453,000.00 Property Damage B.1 Clark, Patricia $1,319.15 Property Damage Total: $1,319.15 Prior Fiscal Year Invoices C.1 ARC & COMM $ 1,222.50 C. 2 Buffalo Civic Auto Ramps $10,873.33 C. 3 Buffalo Small Animal Hospital - Public Works Department $ 4,235.90 C. 4 Buffalo Small Animal Hospital - Police Department $ 2,268.00 C. 5 Emerling Chevrolet, Inc. $ 1,119.41 C. 6 National Grid $ 8,558.17 C. 7 TYCO - SimplexGrinnell $ 4,401.00 PFY Invoice Total: $32,678.31 GRAND TOTAL: $487,497.46 Please note that Confidential Write -ups for each claim will be hand delivered to each Councilmember's office by Wednesday, October 30, 2013. This Agenda may be substituted if we reach agreement with additional claimants prior to the Common Council's regular Caucus on Monday, October 28, 2013. REFERRED TO THE COMMITTEE ON CLAIMS NO. 20 UPDATE ON THE LOCK -UP AGREEMENT BY AND BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGNED FEMALE ARRESTEES ITEM #36 CCP 04/02/2013 On April 3, 2013 the City and County entered into the "First Amendment to Lock -Up Agreement By and Between the City of Buffalo and the County of Erie" ( "First Amended Agreement ") which modified the terms of the parties' original July 1, 2003 agreement concerning pre- arraigned arrestees. By the terms of the First Amended Agreement, the County agreed to extend its provision of detention services for each of the City's pre- arraigned female arrestees from November 1, 2012 through June 30, 2013 under the same terms. The parties agreed that the City would pay for these services based on a per - person daily rate of $163.19 for each such arrestee. As a result of an unexpected medical leave in the Erie County Sheriffs Office, invoicing for this service was delayed until after the close of Fiscal Year 2012 -2013. The outstanding balance totals $237,278.26. The County SherifFs Office and the Buffalo Police Department have verified the accuracy of this total. I respectfully request that your Honorable Body authorize payment in the sum of Two Hundred Thirty Seven Thousand, Two Hundred Seventy Eight Dollars and Twenty Six Cents ($237,278.26) to the County of Erie under the terms of the contract. Said amount is to be drawn from the City's prior fiscal year claims account #17221008 - 480205, because of the invoicing delay. I also respectfully request that your Honorable Body authorize the continuation of the existing arrangement with the County of Erie through December 31, 2013 under the same terms and conditions contained in Item #35 C.C.P. 04/02/2013, as described above and as anticipated until a long term arrangement for the detention of pre- arraigned arrestees is identified. I respectfully thank you for your consideration of this matter. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, Office of the Corporation Counsel, dated October 25, 2013, be received and filed; and That the Common Council hereby authorizes payment in the sum of Two Hundred Thirty -Seven Thousand Two Hundred Seventy -Eight Dollars and Twenty -six Cents ($237,278.26) to the County of Erie under the terms of the First Amendment to the Lock -Up Agreement By and Between the City of Buffalo and the County of Erie. Funding is available in the City's prior fiscal year claims account #17221008 - 480205. That the Common Council hereby authorizes the continuation of the existing arrangement with the County of Erie through December 31, 2013 under the same terms and conditions until a long -term arrangement for the detention of pre- arraigned arrestees is identified. PASSED AYES -9 NOES -0 NO. 21 APPOINT ASSISTANT CORPORATION COUNSEL II(TEMP)(LEE) Appointment effective 10/24/2013 in the Department of Law to the Position of Assistant Corporation Counsel II, Temporary at the minimum salary of $64,939.00 David M. Lee, 212 Summit Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FOOD STORE LICENSE(NEW) 2766 BAILEY(MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2756 Bailey (BAILEY EXPRESS FOOD MARKET INC /MUAMMAR HASSAN) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 23 FOOD STORE (NEW) 441 FILLMORE ( FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 441 Fillmore (50/50 Convenient Store/ Nadeem Khan.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 24 FOOD STORE (NEW) 315 JERSEY (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 315 Jersey (JERSEY FOOD MART INC /SAEED ALKADI .) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 15, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Saeed Alkadi d /b /a Jersey Food Mart Inc. located at 315 Jersey. PASSED AYES -9 NOES -0 NO. 25 FOOD STORE (NEW) 319 MASSACHUSETTS (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 319 Massachusetts (MINI MAX MARKET /MAJDY ALHARBI .) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 15, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Majdy Alharbi d /b /a Mini Max Market located at 319 Massachusetts. PASSED AYES -9 NOES -0 NO. 26 USED CARDEALER 1525 WILLIAM ( FILLMORE) 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 1525 William 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 Sameer Khalil. The attached thereto for Sameer Khalil /dba/ King Tire. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Economic Development, Permit and Inspection Services, dated October 10, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Sameer Khalil d /b /a King Tire, located at 1525 William. PASSED AYES -9 NOES -0 FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 27 APPOINT SECRETARY TO THE COMMISSION ON CITIZEN RIGHTS Appointment effective October 14, 2013 in the Department of Community Services & Recreational Programming, Division of Citizen Rights & Community Relations to the Position of Secretary to Commission on Citizen Rights, Exempt at the Maximum Salary of $34,980.00 Rashied McDuffie, 183 Brunswick Blvd, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 28 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on October 15, 2013 No. 56 Response to Vacant Lot -184 Brinkman(Lov)(Strat Plan) (ecp #8,10/01) Was presented to the Mayor on October 18, 2013 and returned to the City Clerk on October 25, 2013 without approval or disapproval RECEIVED AND FILED NO. 29 CHICKEN LICENSE COMPLAINT AND ATTACHED APPLICATION REFERRED TO THE COMMON COUNCIL FOR RECOMMENDATION As per The City Charter Section 341, 1 am submitting a Chicken License Complaint and Corresponding Application for Common Council Recommendation. The Application is for Joshua McClain & Maria Eleg at premises 33 Helen Street. Please review and make recommendation for Approval or Denial. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 NOTICE OF INTENTION - REQUEST TO DESIGNATE 25 MAIN ST AS ONE CANARSIDE CCP# 70, 10/15/13 A Public Hearing will be held before The Buffalo Common Council on November 12, 2013 at 2:00 PM to discuss Name Change of the Donovan Building -125 Main St to One Canalside. This will be advertised in the Buffalo News on November 1, 2013 and November& 2013. ADOPTED NO. 31 CITY OF BUFFALO BOARD OF ETHICS MEETING MINUTES TUESDAY, SEPTEMBER 10, 2013 Members in Attendance: Douglas Coppola, Eleanor Paterson, James Magavern, Richard Sullivan & Gerald Chwalinski. Excused: Cavette Chambers & Betsy Harned. Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: Mayor Brown wrote a letter of support for the reappointment of Douglas S. Coppola and James Magavern, and Ms. Elizabeth Brooke Harned as vacancy nomination on 4/25/13. The three names went in front of Common Council 4/30/13 and there was an approving motion on 5/14/13. 2) Status of Annual Financial Disclosures by Sharon Adler, Clerk's office. A certified letter mailed on 3/20 to Sheila Wallace, Commission on Citizens' Rights, was unclaimed and returned the end of April. The mailing address was correct. She dropped Disclosure off to Clerk's office on 4/23. John Garrity, Parking Enforcement, is on medical leave. Sharon followed up with the department; he Is not expected to return as a hearing examiner. A Transactional Disclosure Statement was submitted by Cavette Chambers, Assistant Legal Counsel, regarding her brother's application to purchase a city -owned vacant lot at 139 Burgard Place. His name is Greg L. Chambers. She has not and will not have any involvement in this transaction. Old Business: Doug spoke with Cavette about drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the September 10, 2013 minutes. Next meeting is scheduled for Tuesday, October 22, 2013. Meeting is adjourned. RECEIVED AND FILED NO. 32 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 11/07/2013 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. DENIED NO. 33 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 11/14/2013 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 above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on November 14, 2013 is approved subject to the approval of the Department of Police. PASSED AYES -9 NOES -0 NO. 34 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 11/08/2013 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. DENIED NO. 35 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 11/15/2013 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 above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on November 15, 2013 is approved subject to the approval of the Department of Police. PASSED AYES -9 NOES -0 NO. 36 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 5 East Huron St Oshun LLC Downtown CBD Investors, LLC 710 main St Shea's Concession LLC Shea's Concession LLC 95 Washington Restaurant Assoc Inc HSBC Atrium RECEIVED AND FILED NO. 37 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: Police- Chris Brow. Deborah Terkula Elizabeth Clark RECEIVED AND FILED NO. 38 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 39 APPOINT COMMON COUNCIL STAFF(SOUTH)(STEINWANDEL) Appointment effective, October 28, 2013 in the Department of Common Council, Division of South District to the Position of Legislative Assistant, Non Competitive at the flat salary of $41,163.00 Justin Steinwandel, 143 Cushing Place, Buffalo, NY 14220 ADOPTED NO.40 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 10/21/2013 in the Department of Police to the position of Report Technician, Permanent at the minimum salary of $32,816.00 Molly C. Cohen, 171 Crystal Avenue, Buffalo, NY 14220 Roberta J. Vondell, 19 Sage St, Buffalo, NY 14210 Renee C. Norris, 1879 Seneca St, Buffalo, NY 14210 Lisa A. England, 215 Carmel Rd, Buffalo, NY 14214 Karen D. Oliver- Owens, 85 Rosemary Street, Buffalo, NY 14216 Megan LaRush, 25 Kentucky Street, Buffalo, NY 14204 LaSaundra Hedgeman Biango, PO Box 933, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 10/22/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 st Class Stationary Engineer, Temporary at the flat salary of $15.00 /hr Patrick Lonergan, 77 Potters Rd, Buffalo, NY 14220 Lawrence Doctor, 70 Hansen St, Buffalo, NY 14220 Michael McCool, 53 Oakhurst Rd, Buffalo, NY 14220 Stephen Makula, 400 Linden Ave FI 1, Buffalo, NY 14216 Michael Schieber, 168 Dundee St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/23/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 st Class Stationary Engineer, Temporary at the flat salary of $15.00 /hr Brian Leonard, 34 Ward Ct, Buffalo, NY 14220 James Wozniak, 27 Lombard. Buffalo, NY 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO.41 BUFFALO WATER BD REPORT - CONTRACT YR 4 -SEPT 2013 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 42 LP CIMINELLI -BOARD PACKET DOCUMENTS OCTOBER 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 7, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated September 9, 2013 3. Fully Executed Phase V Application and Certificate for Payment No. 45 - August 2013 4. Phase III Application and Certificate for Payment No. 61 R- August 2013 5. Phase V Application and Certificate for Payment No. 46 - September 2013 6. Charter Amendments and Resolution 7. 5 Year District Capital Plan - Future Project Summary 8. Program Packaging and Development Services (PPDS) Provider Update 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 -August 2013 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - August 2013 11. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - August 2013 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 43 DEC - BROWNFIELD CLEANUP NOTICE -73 -79 W. HURON ST 73 -79 West Huron Street Site (Buffalo) - Brownfield Application and Investigation /Cleanup Workplans Received; Public Comment Invited Brownfield Cleanup Program Public Notice The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application and a Site Investigation /Interim Remedial Measure Work Plan (SI /IRM WP) from Hurondel I, Inc. for a site known as 73 -79 West Huron Street, site ID #C915282. This site is located in the City of Buffalo, within the County of Erie, and is located at 73 -79 West Huron Street. Comments regarding this application and SI /[RM WP must be submitted no later than November 15, 2013. The application is available for review at: Erie County Central Library 1 Lafayette Square Buffalo, NY 14203 Information regarding the site, the application, and how to submit comments can be found at: http: / /www.dec.ny.gov /chemical /60058.html or send comments to: David Locey, NYS DEC - Region 9 Office, Division of Environmental Remediation, 270 Michigan Avenue, Buffalo, NY 14203, Phone: (716) 851 -7220, E -mail: dplocey @gw.dec.state.ny.us. General information about New York's Brownfield Cleanup Program can be found at http://www.dec.ny.gov/chemical/8450.html Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above, please use the contact information provided. RECEIVED AND FILED NO. 44 R. FONTANA -NYS APPLICATION FOR REAL PROPERTY EXEMPTION FOR NONPROFIT ORG Mr. Chwalinski: Please file the following item for the upcoming meeting of the Common Council. Sincerely, Richard A. Fontana Council President Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of Kate Sarata, Executive Director of The Service Collaborative of WNY, Inc. for real property tax exemption for a non - profit organization. Copy available for review in the City Clerk's Office AYES 9, NOES 0 NO. 46 M. LOCURTO -CITY CHARTER - PORPERTY MAINTENANCE CH 341 — ARTICLE II Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on October 29, 2013. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto Delaware District Councilmember Chapter 341. PROPERTY MAINTENANCE Article II. General Standards § 341 -14. Posting name of owner and /or agent of properties not in compliance with housing and property codes. [Added 7 -22 -1997, effective 8 -5 -1997; amended 1 -21 -2003, effective 2 -4 -2003] A. When the Commissioner determines that the owner or agent of record for real property within the City has not complied with the standards of this chapter or other standards or laws for the construction, replacement or repair of buildings, the Commissioner shall immediately serve notice upon that owner or agent of record as provided below and may have erected a sign with the text stated below on the public right -of -way adjacent to the subject structure. The sign is in addition to any and all remedies available to the City in state law, City Charter or ordinance regarding property maintenance, building and fire codes and notwithstanding any fine or penalty imposed pursuant to provisions of this chapter or other law. The owner or agent of record determined to be in violation shall be personally liable for the cost of purchasing, erecting and dismantling the sign, as well as the costs of any repair, demolition or other related work performed by the City of Buffalo where it is necessary for the City to cause said work to be done. B. Such notice shall contain a description of the premises; a statement of the particulars of the code violations; a statement that, if such owner or agent of record so served shall fail to commence code compliance within 10 days from service of said notice, the City of Buffalo shall have the right to post a sign as provided for in this section on the right -of -way immediately adjacent to that owner's property; a statement describing the text of sign as provided in Subsection G below; a statement that the sign once erected will be dismantled upon satisfactory compliance with the code by the owner or agent, the place and return date for a hearing on the violations; and a statement that the costs of enforcement, including, but not limited to, the costs of purchasing, erecting and dismantling the sign if erected, will be the personal liability of the owner or agent. C. The notice aforementioned shall also contain the time and place at which a hearing will be granted before the Commissioner to the owner or agent of record described in the notice, at which time and place the owner or agent shall be afforded the opportunity to present testimony and evidence regarding the conditions of the property, with reference to those particulars contained in the aforementioned notice. D. The aforementioned notice by the Commissioner shall be served in either of the following manners: (1) Personally upon the owner or agent of record; or (2) By registered mail, in a securely fastened, postpaid wrapper, addressed to the owner, at that owner's last known place of address as shown by the records of the Department of Assessment and Taxation, the Director of the Treasury or the Clerk of the County of Erie and by posting a copy of the notice on the premises involved. E. After service of the aforementioned notice, a subsequent inspection shall be performed. If, after the third subsequent inspection is performed, the owner has not performed the required repairs, the Commissioner of Permit and inspection Services then has the option to have erected a sign described in this section- F. The time of said hearing shall be specified on a date no sooner than five days after service of the notice and no later than the 10th day after service thereof. (1) Further determination. If the owner or agent submits evidence at such hearing, the Commissioner shall thereafter make a further determination, which shall: (a) Affirm the original determination; (b) Modify the specifications of the original determination; (c) Establish a timetable for code compliance; or (d) Vacate the original notice. (2) The Commissioner shall promptly provide notice of the further determination to the owner or agent of record. G. The sign mentioned in Subsection A above shall be at least 18 inches in height by 24 inches in width, mounted on two standards of sufficient integrity to withstand normal wind loads. The sign shall be mounted on the standards at a height of no more than 42 inches from existing grade so as not to hamper the line of sight for pedestrians and motor vehicles. This sign shall have a white background with black lettering stating the following: "This property is contributing to the spread of slum and blight in the City of Buffalo. "This property is owned by - (name of owner or agent), who resides at (address of record), in the City /Town /Village of _, State of . If further information is needed, the owner of this structure may be contacted at _(owner's telephone number). "This sign has been erected by the City of Buffalo as a public service in the war against slums and blight." H. The sign shall remain erected as long as the Commissioner deems appropriate. The Commissioner may have the sign dismantled once the Commissioner is satisfied that the violation leading to posting of the sign has been abated and that the owner or agent of record complies with relevant code provisions. I. The owner or agent of record shall file with the Department of Assessment and Taxation a written statement showing his or her current name, address, and telephone number. The address given shall not be a post office box. Failure to provide such information shall subject the owner or agent of record to a fine as provided in § 137 -7. J. Definitions. For purposes of this section, the following terms or words shall have the meaning and effect as follows: COMMISSIONER The Commissioner of Permit and Inspection Services or designee. OWNER OR AGENT OF RECORD Any owner of real property or premises within the City as indicated within the records of the Department of Assessment and Taxation obtained pursuant to City Charter Sections 28 -4 and 28 -5 or from other sources, the Director of the Treasury, other City records or the Clerk of the County of Erie or any other person who has agreed to be the owner's agent. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 SARARINO CO. LLC - NITICE OF APPEAL 441 OHIO ST. (FILL) Savarino Companies, LLC on behalf of 441 Ohio Street, LLC hereby appeals to the Common Council of the City of Buffalo the decision of the Buffalo Preservation Board on October 10, 2013 to deny a Certificate of Exception for a demolition permit for property commonly known as 411 Ohio Street pursuant to §337 -26 of the City of Buffalo Code. As provided in §337 -26 (B), the appeal is fixed (or filed) with the City Clerk, who shall cause the appeal to be presented to the Common Council at its next stated meeting. The Common Council shall refer the appeal to the Committee on Legislation. The Committee on Legislation shall set the matter down for a public hearing, as provided in §337 -6 through 337 -14 of the Code, unless such hearing is waived by consent of the applicant. The applicant hereby waives a public hearing. Applicant's appeal will rely on: 1. Letter of kta preservation specialists dated October 22, 2013 (Exhibit "A) 2. Application dated August 28, 2013. (Exhibit "B ") 3. Public Hearing held by City of Buffalo Preservation Board held on October 10, 2013 The applicant respectfully requests the Committee on Legislation recommend and the Common Council adopt a resolution finding the structure at 441 Ohio Street /9 South Street commonly known as Erie Freight House is in such a state of disrepair as well as a danger to the public that it cannot yield a reasonable return without the requested demolition as provided in §337 -23 (13)(1). APPLICANT OWNER Savarino Companies, LLC 441 Ohio Street, LLC Samuel J. Savarino, Robert Zuchlewski, CFO President & CEO REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 47 APPOINT LIEUTENANT(PERM)(HARTMAN)(POL) (CCP# 25, 10/15.) Mrs. Russell moved That Communication 25 of October 15, 2013, be .received and filed and that the Permanent appointment of Stephen Hartman, 2761 Christopher Bird, Hamburg, NY 14075 at the First Step of $69,201.00 is hereby approved PASSED AYES - 9 NOES — 0 NO. 48 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 35, 10/15 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED [Ke]LVihVi[IJ 0111 w d I] AT/ 4 110] :2LVi14 01111 (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 49 TRINITY TOWERS II HOUSING DEVELOPMENT FUND CORP. /TRINITY TOWERS APARTMENTS II, LLC PILOT (STRAT PLAN) (ITEM NO. 6, C.C.P., OCT. 15, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; and Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 50 Y. GEBRE, OWNER, TO USE 3355 BAILEY AVENUE FOR A RESTAURANT IN THE KENSINGTON SPECIAL ZONING DISTRICT (UNIV) (DPIS) (ITEM NO. 46, C.C.P., OCT. 15, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of Y. Gebre, Owner of 3355 Bailey Avenue to open an existing take -out restaurant under new management in the Kensington /Bailey Special Zoning District PASSED AYES 9, NOES 0 NO. 51 B. BURRI, AGENT, REZONE 422,424 AND 426 DINGENS ST FROM AN R -2 RESIDENTIAL TO C -2 COMMUNITY BUSINESS DISTRICT(HRG 10/29)(LOV) (ITEM NO. 44, C.C.P. OCTOBER 15, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a without a recommendation: Mr. Pridgen now moves to Lay the Item on the Table. TABLED NO. 52 R. FONTANA -C. MUELLER -INFO TIME WARNER CABLE - DIGITAL TO ANALOG (C.C.P #37, OCT 15) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 53 M. LANE, OWNER, USE 3260 BAILEY AVENUE - AUTO SALES AND REPAIR GARAGE (UNIV)(DPIS) (ITEM NO. 52, C.C.P., SEPT. 18, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of M. Lane, Owner, to use 3260 Bailey Avenue for an auto sales and repair garage in the Kensington /Bailey Special District PASSED AYES 9, NOES 0 NO. 54 J. CARRIER, OWNER, USE 600 E. NORTH STREET TO PLACE A 4' FENCE AND POST FOR A CANOPY ON A CITY OF BUFFALO RIGHT -OF -WAY FOR AN OUTDOOR CAFE WITH LIVE MUSIC (FILL)(DPIS) (ITEM NO. 60, C.C.P., JAN. 22, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Sections 511 -12 and 511- 32E(1) of the City of Buffalo Code, the Common Council hereby approves the application of J. Carrier, Owner of 600 E. North Street to place a 4' high fence with 4 "X4" posts for a canopy on a City right -of -way to be used as an outdoor cafe with live music venues. All live music venue are to obtain a special events permit. PASSED AYES 9, NOES 0 NO. 55 CITY HALL CAFETERIA CONTRACT EXTENSION (PW) (C.C.P #15, SEPT 18) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 56 BY: MR. GOLOMBEK, MR. LOCURTO BETTING ON GAMBLING CASINOS IS A LOSING GAME Whereas: On Tuesday November 5, 2013, voters statewide will have the opportunity to decide whether the state constitution should be amended to allow seven new gambling casinos; and Whereas: Ballot questions should be presented to the public in a fair and unbiased manner; and Whereas: The ballot question being presented to voters states approving seven new gambling casinos will promote job growth, lower taxes and increased school funding; and Whereas: Many sources dispute the notion that more casinos will promote job growth, lower taxes and increase school funding; and Whereas: The National Gambling Impact Study Commission established by Congress in 19961 found long -term gains from casino gambling were hard to document; and Whereas: A 2012 analysis by the Stateline News Service found that two - thirds of states that added or expanded gambling in the last 10 years have failed to meet their initial projections for tax revenues; and Whereas: Casinos have not had a positive impact upon their surrounding neighborhoods in Atlantic City, Niagara Falls and Buffalo; and Whereas: As more states add casinos, they cannibalize business from one another. New Jersey's tax take from casino as fell from $477 million in 2006 to just $255 million last year. And worse is likely to come as states rush to approve online gambling. Whereas: Revenue s from gambling, rarely spur true tax relief. Through lottery operations, New York State receives more budget revenues from gaming than virtually any other state. But New Yorkers still suffer one of the highest tax burdens in the nation; and Whereas: According to the Tax Foundation New Jersey was the fifth most heavily taxed state in 1977, the year before casinos came to the state. After nearly 35 years with gaming, New Jersey is the second most heavily taxed state; and Whereas: The dirtiest little secret of gaming is that much of the revenues come from problem gamblers. A recent report from the Institute for American Values cites studies in places as varied as Montana, Louisiana and Ontario that have found that anywhere from a third to 60 percent of betting is from that small part of the population with gaming problems; and Whereas: Many studies including one by the University of Maryland in 2002 have found that while casinos create jobs the jobs created come at great community expense. A plethora of social ills, including substance abuse, mental illness and suicide, violent crime, auto theft and larceny, and bankruptcy, all increased in communities that allowed gambling. Whereas: Sadly money from special interest groups and lobbyists greatly influence what happens in Albany; and Whereas: In the past two years $3.2 million has been contributed by gaming interests to state politicians and political committees, according to Common Cause a government watch dog group. Now Therefore Be It Resolved: That the City of Buffalo Common Council opposes the New York State referendum to add seven new casinos. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPNENT AYES- FONTANA, FRANCZYK, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH 7, NOES- GOLOMBEK, LOCURTO 2 NO. 57 SPONSOR: MR. SCANLON RE: SOUTH DISTRICT LEGISLATIVE ASSISTANT APPOINTMENT Whereas: Justin Steinwandel, residing at 143 Cushing Place, Buffalo, New York, 14220, is qualified to serve as a Legislative Assistant in the South District Council Office; and Whereas: Justin Steinwandel has a Bachelor's of Science Degree from Canisius College and has spent the last 8 years as a Recreation Instructor for the City of Buffalo, coordinating and organizing a multitude of activities and field trips for the youth of the community. Justin also served on the Board of Directors of the Greater South Buffalo Chamber of Commerce for the past two years and has been instrumental in organizing a long list of community events in South Buffalo. Now, Therefore be it Resolved That: Justin Steinwandel is hereby appointed as a Legislative Assistant to the South District Council Office effective October 28, 2013. ADOPTED NO. 58 BY: COUNCILMEMBER DEMONE A. SMITH, COUNCILMEMBER MICHAEL J. LOCURTO, AND COUNCILMEMBER DAVID A. RIVERA FOOD POLICY COUNCIL OF BUFFALO & ERIE COUNTY ( "FPC ") Whereas, on July 24, 2012 this honorable body created the "Buffalo -Erie County Food Policy Council Steering Committee ('Steering Committee')" and charged the committee with developing the guidelines and structure for a food policy council; and Whereas, a food policy council is an advisory body that provides local governments, as well as residents, information and advice about various policies and programs that support community -based food systems. A community -based food system emphasizes, strengthens, and makes visible the relationships among producers, processors, distributors, and consumers of food at the local level; and, Whereas, the economic benefits of a well- functioning community -based food system include an increase in direct marketing partnerships between producer and consumer, urban and rural economic growth, and an increasing number of dollars that remain through locally produced products; and, Whereas, the FPC can also address issues of food security, land -use, access to healthy, fresh, affordable food, procurement of locally produced food, barriers in permitting and licensing that discourage access to and development of healthy, fresh, affordable food retail; and Whereas, the Steering Committee concluded that the best place to house the FPC would be as a sub - commission of the Erie County Board of Health as it has broad governance over the entire county; and, Whereas, on May 21, 2013 the Board of Health created the FPC as a sub - commission. While the FPC is directly within the Board of Health, its services are available to all branches of municipal and county government and all Erie County residents; and, Whereas, on October 23, 2013 the FPC was officially unveiled at the Buffalo Food Policy Summit and will begin its work later this year. It is comprised of 17 members, and includes producers, distributors, retailers, composters, government agencies, and consumer advocates; Now, Therefore, Be It Resolved That: The Buffalo Common Council hereby recognizes the creation of the Food Policy Council of Buffalo and Erie County; and, Be It Further Resolved That: The Common Council hereby commits to a relationship with the FPC where advice can be sought and recommendations can be received in matters pertaining to our local food system. ADOPTED NO. 59 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. Donna M. Edmonds Justin Steinwandel Total: 2 ADOPTED NO. 60 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. James J. Alonzo Rachel Lewis Schepart TOTAL:2 ADOPTED NO. 61 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 Wednesday, Nov 6, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Wednesday, Nov 6, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Wednesday, Nov 6, 2013 at 1:00 o'clock P.M. Committee on Legislation Wednesday, Nov 6, 2013 at 2:00 o'clock P.M. Special Committees Committee on Claims Wednesday, Nov 6, 2013 at 11:00 o'clock A.M. in Room 1417 City Hall (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. 62 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Golombek, the Council adjourned at 2:53 P.M. GERALD A. CHWALINSKI CITY CLERK