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HomeMy WebLinkAbout13-1126NO. 22 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 26, 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 MAYOR MAYOR - EXECUTIVE DATE November 26, 2013 FINAL 1. Cit Serv- Request Waive Sole Source Purchase of Mobile 311 App APP 2. Plan Bd- Negative Declaration -80 & 100 Forest(North) LEG 3. Plan Bd -SEQR Negative Declaration -368 Broadway(Ell) R &F 4. Plan Bd -SEQR Negative Declaration -2300 Delaware(Del) R &F 5. Plan Bd -SEQR Negative Declaration -25 Depot St(Fill) R &F 6. Plan Bd -SEQR Negative Declaration -270 Niagara St(Fill) R &F 7. Plan Bd -SEQR Negative Declaration -885 Niagara St(Nia) R &F 8. Plan Bd -SEQR Negative Declaration -300 Parkside Ave(Del) R &F 9. Plan Bd -SEQR Negative Declaration -320 Porter Ave(Nia) R &F 10. Plan Bd -Adopt Part 2 Fill Env Assmt Form and Neg Dec -250 Delaware(Ell)R &F 11. Strat Plan -LDA Btwn COB, BNRC and AD Price III CD 12. Strat Plan- Permission to Designate Developer -1486 Jefferson(Mas) APP 13. Strat Plan -PILOT Agreement Btwn COB, EC, AD Price III Housing Dev Fund_CD 14. Strat Plan- Report of Sale -412 and 414 Sycamore and 7 Kane(Ell) CD 15- 14A Strat Plan- Request to Adjust City's Reverter Provision to Facilitate Polish CC DBA Matt Urban HSC- Construct Complex for Homeless Women APP 16- 14B Strat Plan- Amendment to 2013 -14 Annual Action Plan and PY Annual Action Plans -CDBG and ESG Programs and Amendments to CityBURA Agreements Related to Admin of Those Grants CD COMPTROLLER 17- 15. First Quarter Gap Sheets Report- 2013 -2014 R &F ASSESSMENT 23. Permission to Hire Consultant- Various Bldgs -Env Services 18- 16. Appoint Board of Assmt Member(Perm)(Herndon) APP 19- 17. Appoint Board of Assmt Member(Temp)(Glover, Robinson) APP PUBLIC WORKS Report of Bids -Auto Impound(North) 20- 18. Change in Contract - Lafayette Ice Rink Improvements(Del) APP 21- 19. Permission to Engage Services- Consulting Engineer CDBG Yr 37 APP 22- 20. Permission to Engage Services- Consulting Engineer CDBG Yr 38 APP 23- 21. Permission to Engage Services- Consulting Engineer CDBG Yr 39 APP 24- 22. Permission to Enter into the Non - Marchiselli Agmt- Bridge Bearing 33- 30. Replacement and Concrete Repair APP 25- 23. Permission to Hire Consultant- Various Bldgs -Env Services APP 26- 24. Permission to Increase Consultant Contract -Rehab Equipment APP 27- 24A Permission to Scrap Cafeteria Assets -GE Oven/Griddle- Vulcan Oven/Stove-APP Report of Bids - Schiller CC Rehab Electrical 28- 25. Report of Bids -Auto Impound(North) APP 29- 26. Report of Bids - Autumnwood Senior Community Center -Rehab Project APP 30- 27. Report of Bids -City Hall Exterior Lighting(Ell) FIN 31- 28. Report of Bids - Crucial CC Rehab APP 32- 29. Report of Bids - Delavan Grider CC Rehab APP 33- 30. Report of Bids - Hennepin CC Rehab APP 34- 31. Report of Bids JFK CC Rehab APP 35- 32. Report of Bids - Schiller CC Rehab General APP 36- 33. Report of Bids - Schiller CC Rehab Electrical APP 37- 34. Report of Bids -Floor Slab Repair- Broadway Garage(Ell) APP 38- 35. Request to Purchase Equipment- Express Van & PU Truck W/Dump APP PERMITS AND INSPECTIONS 39- 36. Food Store(New) -1146 Hertel(Del) 40- 37. Food Store(New) -294 W. Ferry(Nia) LEG 41- 38. Food Store(New) -2419 Seneca(South) LEG 42- 39. Lodging House License -557 Hertel(North) LEG 43- 40. Restaurant Dance License(New) -1065 Grant(North) APP 44- 41. Scrap Processor -1091 Clinton aka 1125 Clinton(Fill) APP 45- 42. Used Car Dealer -1091 Clinton aka 1125 Clinton(Fill) APP 46- 43. Wholesale Junk Dealer -1091 Clinton aka 1125 Clinton(Fill) APP 47- 44. Appoint Building Inspector(Perm)(Fifth Step)(Piccolo) CS CITY CLERK 109- 48- 45. Liquor License Applications R &F 49- 46. Leaves of Absence R &F 50- 47. Reports of Attendance R &F 51- 48. Notices of Appointment - Seasonal R &F 52- 49. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS Comm of Deeds 53- 50. T. Dee - Canalside Modified General Project Plan Amendment CD 54- 51. EC Response to Rezone 80,100,152 Forest and 12,14,16 ,18,22,24,26,28,30,36,58,99999 Danforth LEG 55- 52. EC Response to Rezoning 422,424 and 426 Dingens St. R &F 56- 53. D. Franczyk -D. Pugliese- Request Handicap Pkg Meter in Front of 531 Virginia(Fill)_ PKG,PW 57- 54. M. LoCurto- Worker -Owned Cooperatives CD 58- 55. A. Perry -CAO Oppose Cell Tower -523 and 535 Northampton St LEG 59- 56. D. Smith -Teach for America Makes a Push in Buffalo ED PETITIONS 60- 57. T. Parmington, Owner, Use 2282 Niagara for Masonry Warehouses, Add Use of of Restorations in the Niagara River Coastal Dist(hrg 12 /3)(North) LEG,CPBD 61- 58. A. Ibranim, Owner, Use 2222 Genesee St for a Food Store in the Genesee E. Delavan Special District(Lov)(hrg 12/3) LEG,CPBD 62- 59. M. Jamil, Use 1330 Niagara, Convert the Rear Portion of 2 Story Masonry Bldg For an Auto Detail /Customizing Shop with Spray Booth in Niagara River Coastal Review District(Nia)(No Hrg) LEG,CPBD 63- 60. M. LoCurto -H. Raess & O- Parkside Ave Traffic Calming Petition LEG,PW,NYSDOT RESOLUTIONS 103- 60A Fontana Ord Amendment -Ch 511 The Use of Map on the City Zoning LEG 104- 61. Fontana Request Fee Waiver for Kaisertown Coalition Kids Day APP 105- 62. Fontana, etc Urge NY Senate and Assembly to Pass Bills Exempting COB from Payment of Asbestos Notification Fees for Demos ADOPT 106- 63, etc. Franczyk Trailblazing Sign Request for Margaret "Peg" Overdorf APP 107- 63A. LoCurto,etc Exploring Participatory Budgeting in the COB FIN 108- 64. Pridgen Creation - Special Zoning District - Jefferson Btwn Clinton & Genesee LEG 109- 64A Pridgen Permission to Hang Banners for Santacon APP 110- 65. Pridgen Request New Sign -Dr. Martin Luther King Jr. Expressway APP 111- 66. Pridgen Student and Government Day Program Initiative ADOPT 112- 67. Russell Budget & Personnel Amendment -Fire APP 113- 68. Smith Comm of Deeds -Public Duties ADOPT 114- 68A. Smith Comm of Deeds ADOPT TABLE ITEMS 115- ------- - - - - B. Burn, Agent, Rezone 422,424 and 426 Dingens St From an R -2 Residential To C -2 Community Business District(hrg 10/29)(Lov)( 444, 1015) LEG SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 64- 1. Com 14 Nov 12 Appoint Caulker(Perm)(Step 2)(Szczepanski)(PW) APP 65- 2. Com 15 Nov 12 Appoint Fleet Coord(Prov)(Max)(Mazur)(PW) APP 66- 3. Com 20 Nov 12 Appoint Asst Dir of Housing & Property Inspections(Temp) R &F 74- 11. No 87 July 23 D. Sacs -State Smart Growth Public Infrastructure Policy Act (5' Step)(Zilkowski)(EDPI) APP 67- 4. Com 21 Nov 12 Appoint Chief Building Inspector(Temp)(Third Step)(Zafuto)(EDPI) APP 68- 5. Com 23 Nov 12 Appoint Administrative Assistant (Perm)(Max)(Kirker)(Pkg) APP 69- 6. Com 25 Nov 12 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 70- 7. Com 5 Nov 12 Application for Real Property Tax Exemption- Service LEGISLATION 91- 28. No 33 Nov 12 92- 29. No 36 Nov 12 93- 30. Com 1 Collaborative of WNY(Assmt) APP 71- 8. Com 22 Nov 12 First Quarter Gap Sheet - 2013- 2014(A &F) R &F 72- 9. Com 7 Oct 15 COB Investment Policy(Compt) AD COMMUNITY DEVELOPMENT 34. No 66 73- 10. No 86 July 23 D. Sacs -State Smart Growth Public Infrastructure Policy Act R &F 74- 11. No 87 July 23 D. Sacs -State Smart Growth Public Infrastructure Policy Act Criteria Checklist R &F 75- 12. No 94 July 23 D. Pridgen -S. Westbrook & O- Petition Against 350 E. North Street R &F 76- 13. Res 117 July 23 U.S. Post Office Removal of Postal Mail Boxes(exc final res)(Franczyk R &F 77- 14. Com 16 July 9 Report of Sale -217 West(Ell)(Strat Plan) APP 78- 15. No 35 June 25 D. Pridgen -H. Hill- Community Garden Virginia & Mulberry Sts R &F 79- 16. No 29 May 28 D. Pridgen -M. D'Amico- Request to Speak at Next CD Meeting Re Use of Parks R &F 80- 17. Res 118 Apr 2 Trailblazing Sign Request for Hon. David A. Collins(Smith) R &F 81- 18. Com 3 Feb 19 SEQR Findings Statement -Bflo Niagara Medical Campus(Plan Bd) R &F 82- 19. Res 46 Jan 8 Sheehan Property and ECC Collaboration ( Pridgen) R &F 83- 20. No 55 Dec 26 Seneca Gaming Corp- Update Regarding Ongoing Bflo Creek Dev( 443,12/11) R &F 84- 21. No 38 Oct 2 D. Bradley- Expected Additional Staffing and Slot Revenue Flows -SGC and COB_ R &F 85- 22. Com 79 Sept 4 BSA Long Term Control Plan- Combined Sewer Overflow Abatement Proi and Adoption of SEQRA Negative Declaration(Sewer) R &F 86- 23. No 93 Sept 4 S. Metivier- Wetlands and Waters(Scoping Documents) R &F 87- 24. No 61 June 26 Z. Izlam- Letters Delaying Transfer in Land to St. John Comm Dev R &F 88- 25. Res 107 May 15 Update on Saint Ann's Church and Shrine(exc resolves)(Pridgen) R &F 89- 26. No 41 Apr 17 R. Graber -EC Leg Resolution Reg. Demarcated Pedestrian Crosswalk Btwn 92 & 95 Franklin R &F 90- 27. No 45 Mar 6 R. Price & O -Req. Improv. To Hudson Street Behind Elmwood Vill Charter Sch R &F LEGISLATION 91- 28. No 33 Nov 12 92- 29. No 36 Nov 12 93- 30. Com 1 Oct 1 94- 31. No 47 Oct 1 95- 32. No 48 Oct 1 96- 33. No 56 Oct 1 97- 34. No 66 Oct 1 98- 35. Com 3 Sept 3 EDUCATION R &F 99- 36. No 26 Nov 12 100- 37. No 42 Oct 29 101- 38. No 40 Sept 17 102- 39. No 64 Sept 3 D. Mika, Agent, Use 425 Michigan to Place Two Wall Signs and Erect a Ground Sign(hrg 11 /19)(Ell) APP C. Aureach, Agent, Rezone 80,100,152 Forest and 12,14,16,18,22,24,26,28,30,36 PT 58,99999 Danforth to a R4(hrg 11 /26)(North) RECOMMIT Bd Vote for 651 Broadway St. Ann's RC Church(Pres Bd) R &F R. Bates - Support St. Ann's RC Church R &F K. Keenan -Resp Landmark Appl 651 Broadway St. Ann's RC Church R &F T. Yots- Support Landmark Designation 651 Broadway St. Ann's RC Church_R &F K. Keenan -Resp- Moratorium on Demolition of St. Ann's RC Church R &F Application for Landmark/Landmark Site 651 Broadway(Ell)(hrg 09 /24)(Pres Bd)_ R &F LP Ciminelli -Board Packet Documents - November 2013 R &F LP Ciminelli -Board Packet Documents October 2013 R &F LP Ciminelli -Board Packet Documents September 2013 R &F LP Ciminelli -Bd Packet Documents - August 2013 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 26, 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 November 12, 2013 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 REQUEST WAIVE SOLE SOURCE PURCHASE OF MBILE 311 APP Sole Source purchase of mobile 311 "app" for City of Buffalo The Division of Citizen Services is requesting permission from your Honorable body to waive requirement to purchase from a sole source provider for Buffalo 311 mobile app. The Division of Citizen Services has looked to procure software and services to enable citizens to submit service requests using the Lagan Mobile smart phone applications. Lagan Mobile is a hosted application that allows citizens to take advantage of many of the features of Smart phones to quickly and accurately report issues such as potholes, graffiti and street light outages in their local area. It also provides the ability for citizens to track the resolution of their issue. Lagan is currently our Software provider for our current 311 call center system. - Customer Branded, Device independent app - available to citizens as a free download. Currently certified to run on Apple iPhone and Google Android - powered Smart phones, as well as iPad and additional devices with a Web version of the app for use via the Internet with a Browser and other smart phone devices such as BlackBerry and Windows. - Enables citizens to report issues, check status of issues and receive notifications when service requests are closed. -Uses GPS /location services and the camera on the smart phone to attach photos to support the precise description and location of street -based Issues. - Structured requests pass straight through to the service delivery teams without call center intervention. - Installation includes setup and configuration of an "Out of the Box" service request that can be utilized as a starter service request type that can be followed to create additional types for citizen mobile use. Buffalo staff will receive training from LAGAN on how to configure custom case types and write the XML required for existing Buffalo case types to work via Lagan Mobile. The Division of Citizen Services believes that going with the Lagan Mobile application would be the preferred approach so that the City doesn't have to support /maintain multiple native apps across various platforms. However ultimately the approach that best meets the requirements will be most attractive, and the Lagan solution offers the best mobile and Open311 integration with the lowest costs going forward for subscription licensing and maintenance. Please consider the key reasons we believe LAGAN Customer Mobile represents the best choice for a Mobile 311 Application for the Citizens and City staff: -The Vendor, Seamless Integration — LAGAN has developed a seamless integration between the LAGAN Customer Mobile Smartphone applications that we have built on top of the Open311 Adapter. We have developed the solution stack (LAGAN CRM + LAGAN Open311 + LAGAN Customer Mobile) from end -to -end and can ensure support and future compatibility across the solution set. -No Third Party Website - Unlike other third party applications that promote their own websites to citizens, the LAGAN Customer Mobile and Open311 application is designed to work ONLY for the City and can be deployed as the City desires - eliminating third party issues like citizens being required to create logins or public views of individual submitted service request information and photographs. - Relationship with the City -KANA is deeply invested in the overall success of the city of Buffalo 311 system that is built on the LAGAN CRM installation that is the core of our relationship with the City and we are highly motivated to expand the success of the solution through the addition of additional channels and capabilities, because we currently use the CRM software in taking complaints the mobile app is native to our currently system and requires very little additional configuration and is the only mobile software that can connect to our Lagan system. If the city used another mobile application the City would still need to purchase LaganOpen311 subscription at a cost of $7k per year (which would include our Lagan Mobile app) or hire LAGAN to develop a custom built interface at a cost of $15 -25K. By buying the Lagan Mobile product at a cost of $12k a year subscription, the City can avoid these increases in costs since third party access via Open 311 would not be required initially, thus saving the city $30,000 in startup cost. Funding is available from Department of Justice (JAG) grant managed by the Division of Citizen Services and a request as entered on requisition #56303228, for an upgrade to the existing LAGAN 311 system which encompasses configuration, maintenance, operating /software system upgrades, and training. The cost to upgrade the current system City -wide to include the 311 Mobile App is $30,000. This procurement has been reviewed by the Division of Purchase and Departments of Law. Mr. Smith moved: That the above item be, and the above communication from the Director of Citizen Services dated November 26, 2013, be received and filed; and That the Common Council hereby authorizes the Director of Citizen Services to purchase LAGAN Customer Mobile for a Mobile 311 application. The cost to upgrade the current system City -wide to include the 311 Mobile App is $30,000.00. Funding is available from Department of Justice (JAG) grant managed by the Division of Citizen Services. PASSED AYES 9, NOES 0 FROM THE CITY PLANNING BOARD NO. 2 NEGATIVE DECLARATION -30 & 100 FOREST (NORTH) NEGATIVE DECLARATION Determination of Non - Significance Lead Agency City of Buffalo Planning Board Date: November 19, 2013 Tins 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, as lead agency, has reviewed the proposed development (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. The Grove at Buffalo Location of Development Site: 80 & 100 Forest Ave. Buffalo, New York SEQR Status: Unlisted Action Description of Action: Propose 216 unit student housing development totaling 584 beds on 22 acres. Amenities include a clubhouse, volleyball court, basketball court on courtyard recreation areas. Reasons Supporting this Determination: The development is a Student Housing complex proposed on an 11 acre portion of a 22 acre site at 80 and 100 Forest Avenue. The parcel is situated on the north side of Forest Avenue, just east of the Scajaquada Expressway and Creek, approximately a 1/2 mile south and west of the Buffalo State campus. The development will include 216 Suite Style units, totaling 584 beds with associated infrastructure. The subject parcels have historically operated as an industrial space for Pharmaceutical Development. The applicant has submitted a request to demolish the existing buildings on site in conjunction with the request for Site Plan Approval. The proposed re- development of the site to a student housing development provides a land use transition from the single family homes to the south and east to the industrial properties to the north. Utilities such as potable water, sanitary sewers, gas and electric are available on or immediately adjacent to the site. Stormwater runoff will continue to drain to the existing storm sewers on site; since the development wilt result in a decrease in impervious area, there will be less runoff than current conditions. The Planning Board has identified the relevant areas of environmental concerns and taken a hard look at each &the identified areas as required by the State Environmental Quality Review Act ( "SEQRA "). The Planning Board compared the 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 § 61%7(c)(1), the development 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; The development is not expected to cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels; a substantial increase in solid waste production; or a substantial increase in the potential for erosion, flooding, leaching or drainage problems. No significant negative traffic impacts are expected from the proposed development. (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 development will not result in the removal or destruction of large quantifies of vegetation or fauna; or in significant adverse impacts to fish or wildlife species, habitats or other natural resources. The proposed plan has or will have met all Zoning Ordinance and Town requirements for landscaping. (iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part; The Development Site is not located within or in close vicinity to a Critical Environmental Area as designated under 6 NYCRR § 617.14(g). (iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; and The development is not expected to create any material conflict with Buffalo's Comprehensive Plan. The Planning Board has reviewed the application documents and determined that the subject development has or will have met all Zoning Ordinance regulations. (v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; The development is not within an area identified by the State as having potential archaeological or historical significance. Similarly, the development will not impair the character or quality of important aesthetic resources or of existing community or neighborhood character. In addition to the SUNY Buffalo State campus, neighboring uses are single family homes, apartments, the Scajaquada Expressway and Creek and lands zoned M1, M2, C1 and R2; therefore, the development is consistent with surrounding land use. (vi) a major change in the use of either the quantity or type of energy; The proposed subject development will include construction of 216 student apartment units which will cause a change in the use of the quantity of energy; however, all infrastructure is in place to support the change. (vii) the creation of ii hazard to human health; The development will not create any hazard to human health. (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; The development will cause a change in the use and intensity of use of land; however, the proposed student apartments will be consistent with the scale of surrounding land uses which includes SUNY Buffalo State. (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; The function of the proposed student apartments will increase the number of people using the site over its previous level of use; however, the site is carefully designed to comfortably accommodate the increased use. (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 901 City Hall Buffalo, NY 14202 Telephone Number: 716.851.5085 REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 3 SEQR NEGATIVE DECLARATION -368 BRAODWAY(ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title HELP USA Location: 368 Broadway Type of Action: Type 1 Coordinated Description: Flynn Battaglia is proposing on behalf of HELP USA the construction of new housing to be located at 368 Broadway Avenue Buffalo New York. The existing building is a three story masonry structure that will be renovated into administration and service offices on the first floor and apartments on the upper two floors. There will be twelve one bedroom apartments. Some of the interior partitions will be modified to accommodate the apartments, create accessible corridors, and vertical circulation. An elevator will be introduced into the building, as well as an additional egress stair. The existing basement will be maintained to provide space for laundry, storage and utility rooms. The new building will be a four story, load bearing masonry building with concrete plank floor structures. Apartment will be located on each floor. The first floor is smaller in area to provide adequate onsite parking at the north edge of the property. There will be a mix of one, two, and three bedroom apartments distributed through the building roaching a total of 35 units. The building exterior will have masonry at the first level and masonry and metal panels at the upper floors. Along the street elevation, the new construction will engage an existing building facade (362 Broadway). There will be a basement below the first floor to provide laundry, storage and a mechanical room. The project design is being guided by the New York State Homes and Community Renewal guidelines. It is also following the EPA Energy Star Multifamily New Construction Program guidelines. If any environmental concerns are discovered during construction, construction will be halted end the problem remediated, 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 create much need low income housing which will be beneficial to individuals and families living in substandard housing conditions. 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 -2300 DELAWARE (DEL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dunn Tire LLC Location: 2300 Delaware Avenue Type of Action: uncoordinated - unlisted Description: C &S Companies is proposing on behalf of Dunn Tire LLC the construction of a new Dunn Tire Store located at 2300 Delaware Avenue Buffalo New York. The store will be built in a commercial area of Delaware /Hertel community surrounded by plazas and other retail operations. A 7600 square foot, single story automotive service building is proposed on the west side of Delaware Avenue close to the corner of Dakota Street, A building formerly occupied by Car Quest Auto Parts along with the associated asphalt parking lot will be demolished and removed. Related work includes a new parking lot for thirty two cars (including two Handicapped accessible spaces), new replacement sidewalk along Delaware Avenue, and site landscaping- The parcel is 0.70 acres in size. The intent is to start construction in March of 2014 and complete by September 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 help an existing successful business located in the City of Buffalo maintain stability and stay located in the City as well as possibly creating more employment opportunities for residents living in the City of Buffalo., 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, Boom 901 City Hall, and Buffalo New York 14202 - 716 851 -5095 RECEIVED AND FILED NO. 5 SEQR NEGATIVE DECLARATION -25 DEPOT 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 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Custom Sheet Metal Fabricating Location: 25 Depot Street Type of Action: uncoordinated — unlisted Description: The Krog Corporation is proposing on behalf of Custom sheet meter fabricating the construction of warehouse addition located at 25 Depot Street Buffalo New York. The proposed building will be 12,040 square foot fabrication shop addition to their existing 10,000 square foot fabrication facility. The proposed addition will accommodate additional fabrication areas as well as support bridge and jib crane capabilities lacking in their existing facility. Additional landscaping will be added to the site. The building design will include a pro- engineered building with architectural metal panels to match the existing facility. Parking will also be expanded at the rear of the property. 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 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 help an existing successful business located in the City of Buffalo maintain stability and stay located in the City as well as possibly creating more employment opportunities for residents living in the City of Buffalo.. 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. 6 SEQR NEGATIVE DECLARATION -270 NIAGARA 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 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Waterfront Apartments Phase I Location: 270 Niagara Street Type of Action: Type 1, Coordinated Description: Norstar Development is proposing the construction of new apartments located at 270 Niagara Street Buffalo New York. The project is proposed to be multi - phased with this being the first. The existing Waterfront Apartments were built in 1971 and were designed to provide housing for low income families. The project was built with 472 apartments located in 21 buildings; the existing units are in serious disrepair and are using electric heat, overall not energy efficient and obsolete as per todays building standards. The new project will provide replacement affordable housing in an area of the City of Buffalo where there is a demonstrated need and unrest demand for affordable housing. The proposed Phase I of the Waterfront Apartments redevelopment will consist of the demolition of five existing buildings at the corner of 7 th Street and Carolina Street which contain a total of 137 residential units. 89 of the 137 units have been offline since 2094; with 27 households living in the five buildings. None of the residents will be displaced as a result of this new development; the existing households will be relocated to their available units in the remaining complex, Phase I will consist of the construction of 48 residential rental units including 10 one bedroom /one bath units, 10 two bedroom /.two bath units, 2 two bedroom /1.5 bath units, 24 three bedroom /1.5 bath units, and 2 three bedroom /2 bath units. A Phase I Environmental was completed in 2010 and no significant areas of environmental impairment were noted. Since 2010, ESA indicated that the environmental risk is low to medium; The project a environments consultant will provide a letter stating there have been no materials changes have occurred since 2010. A submission package has also been sent to the New York State Office of Parks, Recreation and Historic Preservation for review. Two public meetings have been conducted along with continued individual outreach to answer question of the community residents. The newly constructed units will feature construction and design techniques that will meet the requirements of the "Enterprise Green communities" and NYSERDA programs, All units will meet visitability requirements. There will be two fully - accessible apartment units which will comply with Uniform Federal Accessible Standards (UFAS) and ANSI A requirement and one apartment unit fully adapted for persons with hearing or visual impairments, There will also be two fully - accessible townhouse units that comply with UFAS and ANSI A requirements. Additionally, there are 18 adaptable apartment units which comply with ANSI B requirements for individuals with mobility impairments. Side yard paths are introduced on the lots to access parking in the rear. In some cases, a rear lane has been introduced to further facilitate rear loaded parking. Porches, patios, and exterior private space are also featured. The landscape approach for this project reinforces the streetscape with street trees and a planting strip behind the curb. Landscaping will surround the housing units with backyard patios and foundation plantings. When the funding is completely secured, it is expected to have the construction documents complete by September 2014. Under the schedule, construction is expected to begin in October 2014 and is targeted for completion by March 2016. 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 provide updated, environmentally efficient and affordable apartments to individuals and families including those with accessibility requirements. 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. 7 SEQR NEGATIVE DECLARATION -885 NIAGARA ST(NIA) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (BEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the previsions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title "Architectural Circus Building" Renovation and Addition Location: 885 Niagara Street Type of Action: Type 1, Coordinated Description: HHL Architects is proposing on behalf of Regan Development the renovation and addition to the existing building located at 885 Niagara Street Buffalo New York. The proposed project includes the renovation of the "Architectural Circus" Building into 52 apartments with 4000 square feet of commercial space allocated on the Niagara Street side of the ground floor. The current structure consists of sandstone and masonry three story mass located at the corner of Niagara Street and Massachusetts Avenue. There is a single story masonry section that connects to another three story sandstone and masonry structure on Prospect Street. it is anticipated that demolition of the center structure will take place and a new addition will be built in its place. New windows will be installed as well as a new single membrane type of roof dark in color. The proposed landscaping along Massachusetts Avenue will provide screening for the parking lot. The parking lot will be situated behind the existing facade that is slated to remain. This will provide an added level of screening. The proposed shrubbery and ornamental grasses will not be obtrusive in keeping with the neighborhood fabric. A small playground will also be installed on site. The new infill addition will be a steel framed three story building. It will be no higher than the Niagara Street elevation. The material palate is masonry, metal panel, aluminum and glass. 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, end do not appear to be significant in magnitude or effect. The project will take a vacant piece of property that has a recent negative impact on the neighborhood and turn into a positive addition to a neighborhood that has been recently regenerating itself with a strong community core of residents working together toward an n overall positive outcome. 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. 8 SEQR NEGATIVE DECLARATION -300 PARKSIDE AVE (DEL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Buffalo Zoo Arctic Edge Exhibit Location: 300 Parkside Avenue Type of Action: Unlisted- Uncoordinated Description: Foit Albert Associates is proposing on behalf of the Buffalo Zoo the demolition of the existing ear Caves Exhibit and the construction of the new Arctic Edge Exhibit located at 300 Parkside Avenue Buffalo New York. The Buffalo Zoo is proposing to demolish the current bear exhibit and construct a new bear exhibit. The current exhibits do not meet the requirements of the Association of Zoos and Aquariums (AZA) or the USDA for keeping bears, especially polar bears. The adult bears have been removed from the facility, in order for the zoo to maintain bears at the Buffalo Zoo, a new exhibit that meets the requirements of the AZA must be built. This requirement includes the ability to make salt water, barriers of 166" in height, holding for regular occupancy and cubbing purposes, an off viewing pool and the ability to segregate male and female bears in similar conditions, in addition to the exhibit for bears, the Zoo will introduce a new wolf exhibit, as well as an eagle exhibit which is being bid as an alternative and will be constructed if funding is available. The demolition of the existing bear exhibit and construction of the new exhibits in this location is part of the Master Plan for the Zoo created in 2000 and updated in 2008, which received SHPO (New York State Office of Parks, Recreation and Historic Preservation) approval As part of that plan, the demolition of the existing bear exhibits was deemed acceptable by SHPO. The new bear holding building will be a pro -cast concrete structure stained dark charcoal grey and etched to illustrate Inuit art motifs. Cedar rain screen and passive rainwater features will also be utilized. A small holding building for wolves wig be constructed, similar to the building attached, but with a shed roof. The existing building just inside the entrance will be utilized for the "exit experience" of the new exhibit. This building will be retained and have repairs made. Existing stone from the former bear exhibits will be reused in the new exhibits as landscape features both in the animal enclosures and from the public viewing areas. This is an effort to pay homage to the former structure as well as reuse existing building material in an environmentally appropriate way. Other components of the project must be completed in efforts to upgrade the Zoo's aging infrastructure. Electrical work at the site that occurs as part of this project will be the final piece that connects the electrical switch gear installed during the Rainforest project to complete the loop on the site with the Sea Lion project. These are not visible components of the project however critical to the long term viability of the Zoo. The Buffalo Zoo is the third oldest Zoo in the country and has occupied this space since 1875. Work is scheduled to begin as soon as possible, allowing the new exhibit to be used by the Zoo guests in [ate summer of 2015. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The 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 will allow the Buffalo Zoo to provide an appropriate habitat for bears, wolves, and eagles that has been lacking for many years. The new exhibit will also enhance the education experience for the thousands of visitor who visit the Buffalo Zoo every year. 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. 9 SEQR NEGATIVE DECLARATION 320 PORTER(NIA) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Pert 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title D'Youville College Athletic Field & Field House Location 320 Porter Avenue, Corner 4 h street Type of Action: uncoordinated - unlisted Description: CHA is proposing on behalf of D'Youville College the construction of a new field house and athletic field to be located at 320 Porter Avenue (corner of Fourth Street) Buffalo New York. The project site encompasses approximately 4.5 acres and is generally bounded by residential properties to the east, commercial properties to the north end west, the New York State Thruway to the west end south end park properties to the north. The project will redevelop an area of the neighborhood, which has been vacant for a long period of time. The project will improve the aesthetics of the area as well as providing the College with a much need athletic facility. The project has been designed to integrate cohesively with the character of the neighborhood. The project will be constructed as a single phased project with construction anticipated to begin in February 2014 and concluding in late July 2014. The fields are expected to open for use on August 1, 2014. A Phase I and II Environmental Review has been completed. If any environmental concerns are discovered during construction, construction will be halted and the problem remediated. The field will be used for Softball, Lacrosse and Soccer 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 piece of property that has a negative impact on both the neighborhood and cars and trucks using the New York State Thruway as far as aesthetics are concerned. With the new construction of the athletic field the area will revert to a very positive experience for the community and visitor passing through the area. 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. 10 ADOPT PART 2 FILL ENV ASSMT FORM AND NEG DEC -260 DELAWARE(ELL) WHEREAS, on October 8, 2013, Uniland Development Company received Site Plan approval of a proposed mixed use development located at 250 Delaware Avenue; and WHEREAS, Uniland Development has submitted an amended Site Plan for approval allowing for the potential of a reduction in size of the attendant Parking Structure; and WHEREAS, pursuant to the State Environmental Quality Review Act ( "SEQRA "), the Applicant has submitted a Full Environmental Assessment Form with the application; and WHEREAS, it is the responsibility of the Board, pursuant to SEQRA, to fill out Parts II and III of the said Form (if required), to make a determination of environment significance, and to issue a positive or negative declaration; and WHEREAS, this Board has carefully considered whether approval of the application would have any adverse environmental effects and whether any such effects might be significant; NOW, THEREFORE, it is Resolved: 1. This Board hereby adopts Part 2 of the Full Environmental Assessment Form as attached to this Resolution; and 2. This Board hereby determines that approval of the application for a site plan approval will not have a significant adverse environmental impact; and 3. This Board hereby adopts the Negative Declaration, Determination of Non - Significance attached to this Resolution and directs that it be filed with the City Clerk and maintained in files readily assessable to the public and that it be published in the Environmental Notice Bulletin maintained by the New York State Department of Environmental Conservation. WHEREAS, by Resolution dated October 8, 2013, Uniland Development Company received Site Plan approval from this City of Buffalo Planning Board for a proposed mixed use development located at 250 Delaware Avenue; and WHEREAS, Uniland Development has submitted an amended Site Plan that allows for a potential reduction in the size of the attendant parking structure of said mixed use development by one level, if necessary; and WHEREAS, as part of the application process, responses or comments are requested from various departments such as Police, Fire, Public Works, and Permit and Inspection Services; and WHEREAS, for purposes of environmental review, the Planning Board has acted as lead agency and has issued a negative declaration, determining that there is no significant adverse impact on the environment; and WHEREAS, the Planning Board finds that the Site Plan as amended complies with all City requirements; and WHEREAS, the Planning Board finds that the proposed development will be a significant enhancement to this community. NOW, THEREFORE BE IT RESOLVED: That the amended Site Plan is hereby approved. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 11 APPROVE LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO, BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION (BNRC) AND AD PRICE III LLC FOR THE DEVELOPMENT OF THE ATTACHED LIST OF PROPERTIES ELLICOTT DISTRICT ITEM NO. 6, C.C.P. 12/11/12 Your Honorable Body approved the designation of the Buffalo Municipal Housing Authority (BMHA), or an entity to be designated by BMHA, to develop 24 city owned parcels for a purchase price of $56,400 and 10 parcels owned by BNRC for a purchase price of $21,400 for a total of 34 parcels in the amount of $77,800, Item No. 6, C.C.P. 12/11/12. BMHA has informed our office that 2 of the city owned parcels 422 & 426 William included in the designation will not be part of the LDA but purchased by BMHA in a separate transaction. The sale price for 422 & 426 William is $7,300. This office is requesting that Your Honorable Body approve to amend the designation approved by Your Honorable Body on 12/11/12, Item No. 6 and delete 422 & 426 William from the designation in the amount of $7,300. The designated developer agreement and the LDA will be amended to include 22 city owned lots in the amount of $49,100 and 10 BN RC lots in the amount of $21,400 for a total of 32 lots in the amount of $70,500. BMHA has designated AD Price III, LLC as the designated developer. The City has agreed to sell and AD Price III, LLC ( "Developer ") has agreed to purchase the attached list (the "Property ") of 22 city owned parcels and 10 parcels owned by BNRC. The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ( "LDA "); Developer shall develop up to approximately 50 family housing units the same design as the AD Price Phase I project to maintain the continuity of the neighborhood. Developer is proposing to build 6 one bedroom units, 16 two bedroom units, 11 three bedroom units and 17 four bedroom units referred to as the "Project ". It is agreed that Developer shall execute an Environmental Release and Indemnity Agreement. All provisions contained in said agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. The City Planning Office has informed the purchaser that at their meeting held on July 2, 2013 the Board determined that the design and site plan (as presented dated June 14, 2013) meets the criteria for site plan approval contained in section 511 -145 and 511 -146 of the Buffalo Code. A New Your State Quality Review (SEAR) was conducted by the City of Buffalo Planning Board a negative declaration was prepared and approved. The Planning Board required as a condition of this approval that a community advisory committee be organized in conjunction with the BMHA to create continuing communication before, during and after construction. I am recommending that Your Honorable Body approve the attached proposed Land Disposition Agreement with AD Price III LLC (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by BMHA), provided the following conditions are satisfied: 1. Submission by the Developer of a detailed site plan for the subject properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the city. 2. Submission of a colored rendering of the properties suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement 3. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. 4. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. 5. Payment of a designation fee of Five Hundred Dollars ($500) per month by Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the properties pursuant to the Land Disposition Agreement (LDA) to be negotiated by Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period or in the event a mutually satisfactory LDS cannot be agreed upon, the Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the properties. 6. Developer is responsible for performing any soil borings and soil investigations, and subject to prior execution and compliance with written Access, Indemnification and Insurance Agreement(s) between the City of Buffalo and each and every Contractor hired by the Developer that will access the properties, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement(s) and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Properties. 7. Developer, or entity to be designated by the Developer, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 8. The successful negotiation of a Land Disposition Agreement for approval by the Common Council shall be no later than 24 months from the date the Common Council approves the designation. 9. Upon signing of LDA, there shall be a payment by' the Developer to the City a non - refundable deposit, in the amount often percent (10 %) of the to be agreed upon purchase price. 10. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them are ineligible for designation. 11. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer 2 weeks to cure. 12. The designation shall expire 24 months from the date the Common Council approves the designation. 13. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. 14. The terms and conditions of the final Land Disposition Agreement shall be substantially similar to those outlined in the attached Land Disposition Agreement. The final draft of the Land Disposition Agreement shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning and the City of Buffalo Corporation Counsel's Office. I am further recommending that Your Honorable Body approve to: Amend the designation for the development of 34 parcels (24 city owned in the amount of $56,400 and 10 parcels owned by BNRC in the amount of $21,400) to the development of 32 parcels (22 city owned in the amount of $49,100 and 10 BNRC parcels in the amount of $21,400). The properties to be omitted are 422 & 426 William in the amount of Seven Thousand Three Hundred Dollars ($7,300). Approve the attached LDA between the City of Buffalo, BNRC and AD Price III LLC (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by BMHA) in consideration of ($49,100) for 22 city owned parcels and $21,400 for 10 parcels owned by BNRC for a total of consideration of $70,500 for 32 vacant parcels of land (see attached list) providing the following: 1. Authorize pertinent City personnel to enter into such agreements and take such steps and actions as shall be reasonably necessary to facilitate the financing of the Project and to generally achieve the purpose and objectives of the LDA. 2. Authorize the Mayor to execute the LDA between the City of Buffalo, Buffalo Neighborhood Revitalization Corporation and AD Price III in reference to the attached list of properties. 3. Authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title, providing all of the conditions of the LDA have been satisfied and 4. Authorize the Mayor execute the deed and any other necessary closing documents for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 PERMISSION TO DESIGNATE DEVELOPER- 1486 JEFFERSON VACANT LOT: 30 X 125, WSIDE 232.23 N FERRY ASSESSED VALUE $3,800 MASTEN DISTRICT The Office of Strategic Planning has received a proposal from David Pawlik, CSS Construction on behalf of Belmont Housing Resources For WNY 1195 Main Street, Buffalo, NY 14209 to purchase 1486 Jefferson and /or an entity to be designated by Belmont Housing Resources for WNY. Belmont Housing Resources For WNY ( "Developer ") is in the process of purchasing 1490 Jefferson, which is a cultural facility. They were also the successful bidder at the recent foreclosure auction and purchased 1484 Jefferson. The city owned vacant lot at 1486 Jefferson is located between 1484 and 1490 Jefferson. The Project will consist of rehabilitating the existing structure at 1490 Jefferson to a mix of 1 and 2 bedroom units as well as non - residential commercial space on the ground floor. Approximately 3,000 sq. of commercial space will be occupied by Black Achievers, Inc. Black Achievers, Inc. is a not for profit corporation whose primary activity is to recognize and promote the achievement of African American individuals who have been successful in business and industry in WNY. They will operate the Buffalo Black Achievers Museum. The Developer has indicated that they need site control by the beginning of December in order to apply for and try to secure funding for this project. Total project costs are estimated at Seven Million Four Hundred Fifty One Dollars ($7,451,000). The Developer will be using Empire State Development ( "ESD ") funding in the amount of approximately $500,000 for renovations of the non - residential commercial space. The ESD funding will be used, but not limited to, selective demolition of interior and general preparation for commercial tenants, exterior commercial facade, mechanical, electrical and plumbing design and installation. If additional ESD funds are available after the commercial space is completed, then the funding will be utilized for the rehabilitation of the Project's residential space. Primary funding sources for the residential portion of the Project include Low Income Housing Tax Credits and Low Income Housing Trust Fund Program Loan provided by New York State Housing & Community Renewal. The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate Belmont Housing Resources For WNY and /or a corporation, partnership, or other legal entity to be designated by Belmont Housing Resources For WNY as Developer of the subject property for a period of Twelve (12) months subject to the following conditions: a. Submission by the Developer of a detailed site plan of 1486 Jefferson, along with 1490 & 1484 Jefferson for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of One Hundred Dollars ($100.00) per month by Developer to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Developer and the City, said option fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the redevelopment of the property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Developer is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Developer to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Belmont Housing Resources for WNY and /or or an entity to be designated by Belmont Housing Resources for WNY as the Developer of 1486 Jefferson upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of 1486 Jefferson; and forward to the Common Council for final approval the purchase price and agreements for the transfer of title, providing the Developer obtains the necessary financing and obtain approval by the Planning Board, if necessary. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 18, 2013, be received and filed; That the Common Council hereby designates Belmont Housing Resources for WNY ( "Developer ") and /or a corporation, partnership or other legal entity to be designated by Belmont Housing Resources for WNY as Developer of 1486 Jefferson for a period of twelve (12) months subject to the following terms and conditions: a. Submission by the Developer of a detailed site plan of 1486 Jefferson, along with 1490 and 1484 Jefferson for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of One Hundred Dollars ($100.00) per month by Developer to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement to be negotiated by Developer and the City, said option fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the redevelopment of the property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Developer is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to Developer's satisfaction, the suitability of the site for its intended use, and the presence of absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A.) 42 USC SS 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing the Land Disposition Agreement, payment by the Developer to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and /or corporation having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property Owned by them, they are ineligible for designation. j. The City of Buffalo may terminate this designation should Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mall and allow the Developer two (2) weeks to cure. k. This designation will expire twelve (12) months from the date the Common Council approves the designation. That the Common Council hereby approves the designation of Belmont Housing Resources for WNY and /or an entity to be designated by Belmont Housing Resources for WNY as the Developer of 1486 Jefferson upon the above terms and conditions; That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of 1486 Jefferson, and to forward to the Common Council for final approval the purchase price and agreements for the transfer of title, providing the Developer obtains the necessary financing and obtains approval by the Planning Board, if necessary. PASSED AYES 9, NOES 0 NO. 13 AD PRICE III LLC, AND AD PRICE III HOUSING DEVELOPMENT FUND CORP., PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, AD Price III LLC, and AD Price III Housing Development Fund Corp., PILOT AD Price Phase III is the third phase in the multi -phase redevelopment undertaken by the Buffalo Municipal Housing Authority (BMHA) to replace the demolished AD Price Extension units. Phase III will continue the program to replace the 198 original AD Price Extension units of family housing demolished by the BMHA. Phase III will consist of 50 family units using a slightly different building design as Phase I to maintain the continuity of the neighborhood. These units will be built on vacant underutilized lots on Jefferson Avenue, Madison, Spring, and Peckham Streets in the Ellicott District. The unit mix consists of 6 one - bedroom units, 16 two - bedroom units, ii three - bedroom units and 17 four - bedroom units and is designed to accommodate residents on the BMHA waiting list, currently approximately 3,200 family households. All 50 units will be restricted to households who make at or below 60% of the area median income. Total development costs for the third phase are estimated at $12.9 million. Phase III will be financed with a New York State Housing Trust Fund Corporation (HTFC) Loan, BMHA Replacement Housing Factor Funds from HUD, and private equity through the sale of tax credits awarded by NYS Homes and Community Renewal (HCR). BMHA will additionally provide the project with a project based subsidy through HUD called "ACC" which will make all 50 units affordable to those with incomes as low as 30% of the Area Median Income. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 REPORT OF SALE 412 SYCAMORE LOT SIZE: 31 X 77 ASSESSED VALUATION: $1,800 414 SYCAMORE LOT SIZE: 25 X 77 ASSESSED VALUATION: $1,100 7 KANE LOT SIZE: 50 X 100 ASSESSED VALUATION: $2,600 ELLICOTT DISTRICT ITEM NO. 7, C.C.P. 5/3/2011 Pursuant to Item No. 7, C.C.P. 5/3/11 Your Honorable Body approved to designated Loguen Development Corporation as Developer of the above referenced properties in for the fair market value of Nine Thousand Five Hundred Dollars ($9,500). The designation was provided by the City to allow Loguen Development Corporation time to provide sufficient funds to purchase said properties. Loguen Development intends to redevelop their building located at 406 Sycamore into a family life center offering after school care, tutoring and counseling for youths and adults. They need the subject properties for their proposed building expansion, parking and green space. Their building at 406 Sycamore is located adjacent to 412 -414 Sycamore and 7 Kane. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Loguen Development has also agreed to pay for the cost of transfer tax and recording fees. I am recommending that Honorable Body authorize the Office of Strategic Planning, Division of Real Estate to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 REQUEST TO ADJUST CITY'S REVERTER PROVISION TO FACILITATE POLISH COMMUNITY CENTER OF BUFFALO, INC. D /B /A MATT URBAN HUMAN SERVICES CENTER OF WNY'S BANK FINANCING TO CONSTRUCT A TWO STORY APARTMENT COMPLEX FOR HOMELESS WOMEN FILLMORE DISTRICT CCP #9, 2/19/2013 Your Honorable Body previously authorized the sale of 58, 60, 62, 66, 68, 70 & 76 Oberlin, 53, 57, 59, 61, 63, 65, 69 & 71 Ruhland (the "Property ") to the Polish Community Center of Buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY. The closing documents provided for a reverter under which the City retained a right of reverter that would allow the City to take back title to the Property in the event the properties were not developed as a 2 story/20 unit apartment complex for homeless women within 5 years from the date the deed is recorded in the Erie County Clerk's Office. The Polish Community Center of Buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY has closed on the acquisition of the Property and has now secured bank financing for the construction of a 2 story/20 unit apartment complex for homeless women. The lender requires a few adjustments to the City of Buffalo's right of reverter to protect lender's interests. The lender has asked for an agreement in which the City agrees not to exercise the City's reverter rights except as set forth in the attached Subordination Agreement and Consent to Encumber. The proposed Subordination Agreement and Consent to Encumber is attached to this communication for your review. I am requesting that Your Honorable Body approve the standstill agreement in substantially the form attached hereto in order to facilitate the Polish Community Center of Buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY's financing to prepare for the construction of a two story/20 unit apartment complex for homeless women. I am further requesting that Your Honorable Body authorize the Mayor to execute the standstill agreement and also that Your Honorable Body authorize City personnel to take such steps and actions as are reasonably necessary to facilitate the Polish Community Center of Buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY's bank financing. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated November 26, 2013, be received and filed; and That the Common Council hereby approves the standstill agreement in substantially the form submitted on November 26, 2013, in order to facilitate the Polish Community Center of buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY's financing to prepare for the construction of a two -story twenty unit apartment complex for homeless women; and that the Common Council hereby authorizes the Mayor to execute the standstill agreement and authorizes City personnel to take such steps and actions as are reasonably necessary to facilitate the Polish Community Center of Buffalo, Inc. d /b /a Matt Urban Human Services Center of WNY "s bank financing. PASSED AYES -9 NOES -0 NO. 16 AMENDMENT TO THE 2013 -2014 ANNUAL ACTION PLAN AND PRIOR YEARS' ANNUAL ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS AND AMENDMENTS TO THE CITY /BURR AGREEMENTS RELATED TO ADMINISTRATION OF THOSE GRANTS ITEM NO. 00013, CCP 07/09/13 (2013 ANNUAL ACTION PLAN SPECIAL MEETING, CCP 05/21/13 (AMENDMENTS TO ANNUAL ACTION PLANS) ITEM NO. 00070, CCP 02 -07 -12 (2012 ANNUAL ACTION PLAN) ITEM NO. 00003, CCP 02 -15 -11 (2011 ANNUAL ACTION PLAN) ITEM NO. 00057, CCP 02 -16 -10 (2010 ANNUAL ACTION PLAN) ITEM NO. 00002, CCP 05 -26 -09 (2009 ANNUAL ACTION PLAN) ITEM NO. 00102, CCP 05 -13 -08 (2008 ANNUAL ACTION PLAN) ITEM NO. 10, C.C.P., APRIL 16, 2013 The City of Buffalo amended the 2013 -2014 Annual Action Plan and prior years' Annual Action Plans. The amendments dated September 18, 2013 provide for the reprogramming of funds within existing projects of the 2011, 2012 and 2013 CDBG Grants and the 2010 ESG Grant. The amendments dated July 1, 2013 reprogram funds within existing projects of the 2010 and 2011 HOME Grants. No new projects were funded. Detail regarding the amendments is attached hereto. To implement the amendments in the original action plans, program administration and management agreements were previously approved by the Common Council on April 16, 2013. For informational purposes, the City's Office of Strategic Planning provides copies of the following fully executed agreements in the same form and substance to those agreements previously filed with this Honorable Body: 1. Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for City of Buffalo CDGB Program Administration ( "CDBG Agreement ") 2. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services through the Housing Opportunities for Persons With AIDS Program ( "HOPWA Agreement ") 3. Agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the Management, Implementation and Delivery of Services for the City of Buffalo Emergency Solutions Grant Program ( "ESG Agreement "). In addition, your Honorable Body previously approved a HOME Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency executed on or about February 6, 2013 (HOME Agreement). Your Honorable Body is asked to approve a modification of the Agreements as follows: 1. Amend the CDBG, HOPWA mad ESG Agreements to extend the terms of the Agreements through September 30, 2014. 2. Extend the term of the HOME Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for administration of HOME funds entered into on or' about September 6, 2013 to December 31, 2013. This is to allow the new HOME Agreement to be drafted to reflect new regulatory regulations enacted by HUD. The Office of Strategic Planning is requesting that Your Honorable Body: 1. Authorize the Mayor to execute the modifications and /or amendments to the Agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; 2. Authorize the Executive Director of the City of Buffalo's Office of Strategic Planning and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the modifications and /or amendments to the agreements and to facilitate and implement the City's receipt and utilization of the subject finding as well as all related reporting, monitoring and follow -up functions associated with the funding; and 3. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said modifications and /or amendments to the agreements and other necessary documentation, agreements and /or modifications wherever necessary for execution and actual implementation of the program(s). REFERRED TO THE COMMITTEE ON CONNUNITY DEVELOPNENT FROM THE COMPTROLLER NO. 17 2013 -2014 FIRST QUARTER GAP SHEET As required by the City Charter, we have reviewed the 2013 - 2014 First Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the administration, and are filing our review and summation. The Gap Report projects an $800,000 budgetary surplus for the current year ending June 30, 2014, based on actual results through September 30, 2013, and projections for the period October 1, 2013 through June 30, 2014. At this time in the fiscal year, nothing has come to our attention that would cause us to dispute the reasonableness of the projection, based on our historical analysis using past transactions. It should be noted that the revised budget includes the use of $i3.5 million of fund balance. With the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2013 CAFR will report a deficit on the fund financial statements. We understand that historical trends, though useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next nine months, especially given the relatively short time flame being considered (three months). Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations during the remainder of the fiscal year. Our office will be performing a more detailed analysis of the 2 nd Quarter Gap Sheets report. RECEiVEID AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 18 BOARD OF ASSESSMENT REVIEW APPOINTMENT - PERMANENT MEMBER EDWARD HERNDON The five(5) YEAR APPOINTMENT TO THE Board of Assessment Review of Edward Herndon, 33 Burbank Terrace, Buffalo, NY 14214 expired September 30, 2013. By State provision a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re- appointed member must receiving training from the Erie County Direct of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore I am respectfully requesting the Common Council re- appoint Mr. Herndon to an additional five(5) year term as soon as possible Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated November 14, 2013, be received and filed; and That the Common Council hereby reappoints Mr. Edward Herndon of 33 Burbank Terrace, Buffalo, New York 14214, to an additional five (5) year term to the Board of Assessment Review. PASSED AYES -9 NOES -0 NO. 19 BOARD OF ASSESSMENT REVIEW APPOINTMENT, TEMPORARY MEMBERS WARREN GLOVER AND ARTHUR ROBINSON I am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve, if necessary, approximately twenty (20) days as needed during the time period of January 2014 to mid - February 2014. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These two (2) temporary board members working in conjunction with the five (5) permanent board members will allow this office to establish mini - boards if needed. At times in the past we have needed to use all five (5) permanent members and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assures the smooth functioning of the review process. Therefore, I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members. Warren Glover, 17 Newport Avenue, Buffalo, New York, 14216 Arthur Robinson, 192 Maurice Street, Buffalo, New York, 14210 Mr. Smith moved That the above item be, and the above communication from the Commissioner of the Department of Assessment and Taxation, dated November 14, 2013, be received and filed; and That the Common Council hereby reappoints as temporary members Mr. Wayne Glover of 17 Newport Avenue, Buffalo, New York 14216, and Mr. Arthur Robinson of 192 Maurice Street, Buffalo, New York 14210 to a one (1) year term to the Board of Assessment Review. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 20 CHANGE IN CONTRACT LAFAYETTE (NB) ICE RINK IMPROVEMENTS JOB #1249 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following change for Lafayette (NB)Ice Rink Improvements S &W Contracting REFERRED TO THE COMMITTEE ON CIVIL SERVICE# 93001161 1.) This change includes labor and materials required for the excavation of Add $17,868.88 8" of topsoil and the installation of #3 stone for the parking lot addition The foregoing change results in a net increase in the contract of Seventeen Thousand Eight Hundred Sixty Eight Dollars and 88/100($17,868.86) Summary Current Contract Amount $963,000.00 Amount of this change order $ 17,868.88 Revised Contract Amount $980,868.88 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for the work are available in 35323106 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 November 20, 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 $17,868.88 (Original Contract Amount $963,000.00 + Change Order #1 $17,868.88 for a Revised Contract Amount of $980,868.88) for Lafayette (NB) Ice Rink, to S & W Contracting, C #93001161. Funds for this project are available in Account #35323106 445100 Buildings. PASSED AYES -9 NOES -0 NO. 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER [: FOR CDBG YR -37 -50303 PUBLIC FACILITIES IMPROVEMENTS TO 332 EAST UTICA, BUFFALO NY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to Grant permission to hire a consultant to provide design, bid and environmental testing /reporting & construction phase services for CDBG year 37 -50303 Public Facilities Improvements to 332 East Utica, Buffalo NY The Costs for consulting services are estimated not to exceed $8,500 for the environmental Testing and Reporting Phase. The funds are available in CDBG YR 37- 50303. ID18 number and Work Funding Source account code to be established at a later date. The Consultant was chosen through a Request for Proposal (RFP) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 15, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid and environmental testing /reporting and construction phase services for CDBG YR 37 -50303 Public Facilities Improvements to 332 East Utica, Buffalo, New York. The consultant was chosen through a Request for Proposals (RFP) process. The funds are available in CDBG YR 37- 50303. PASSED AYES -9 NOES -0 NO. 22 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CDBG YR -38 -04200 PUBLIC FACILITIES IMPROVEMENTS CAZENOVIA SENIOR COMMUNITY CENTER I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid and construction phase services for CDBG Year 38 -04200 Public Facilities Improvements to Cazenovia Senior Community Center. The costs for consulting services are estimated not to exceed $13,200. The funds are available in CDBG account #CH9F2007. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 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 hire a consultant to provide design, bid and environmental testing /reporting and construction phase services for CDBG YR 38 -04200 Public Facilities Improvements to Cazenovia Senior Community Center. The consultant was chosen through a Request for Qualification (RFQ) process. The funds are available in CDBG Account #CH9F2007. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO ENGAGE IN SERVICES - CONSULTING ENGINEER FOR CDBG YR -39 -60202 STREETS AND SIDEWALKS IMPROVEMENTS CITY -WIDE (DPW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for CDBG Year 39 -50202 Streets and Sidewalks Improvements. The costs for consulting services are estimated not to exceed $76,755. The funds are available in CDBG account #C19132027. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 12, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid and environmental testing /reporting and construction phase services for CDBG YR 39 -50202 Streets and Sidewalks Improvements. The consultant was chosen through a Request for Qualification (RFQ) process. The funds are available in CDBG Account #C19132027. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO ENTER INTO THE NON - MARCHISELLI AGREEMENT WITH FHWA AND NYSDOT FOR THE CONSTRUCTION AND CONSTRUCTION INSPECTION OF [: BRIDGE BEARING REPLACEMENT AND CONCRETE REPAIR PROJECT IN THE CITY OF BUFFALO, COUNTY OF ERIE PIN 6760.60 The Federal Highway Administration (FHWA) have designated $730,000.00 for the construction and construction inspection of the bridge bearing replacement and concrete repair project of the various bridges in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5760.50. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and the NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the construction and construction inspection of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 20, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration ( "FHWA ") and the New York State Department of Transportation ( "NYSDOT") for the construction, and construction inspection of the bridge bearing replacement and concrete repair project of the various bridges in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program ( "TIP ") under PIN #5760.50. PASSED AYES -9 NOES -0 NO. 26 PERMISSION TO HIRE CONSULTANT(S) VARIOUS BUILDINGS ENVIRONMENTAL SERVICES VARIOUS DISTRICTS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire the consultants liste below to perform various environmental services on as needed basis for various City owned buildings throughout the City. As we are aware environmental issues are often uncovered during any given construction project and building repair, requiring immediate need to be addressed. We have solicited Proposals for a Request for Qualifications (RFQ) on a formal basis and advertised in the Buffalo News on August 6, 2013. Seven (7) proposals were received on August 23, 2013, of which we qualified five (5) consultants to contract their services as needed on an on -going basis. The term of the RFQ is one (1) year, with four (4) one year renewal options. The intent of this RFQ was to have readily available qualified consultants /contractors to assist the City as environmental needs arise. The list of pre- approved consultants /contractors gives the City the best price and service from qualified sources. Review was made of each proposal received and our decision was based on criteria listed in the RFQ and a weighted measure rating method. The award will be as follows: 1. Inspection and Testing Services •Stohl Environmental • UNYSE Environmental Services • LaBella Associates 2. Desi.qn Services •Stohl Environmental • UNYSE Environmental Services • LaBella Associates • Watts Engineering 3. Removal Services • Stohl Environmental • Epic • Ensol Inc. 4. Monitodnq Services 'Stohl Environmental • UNYSE Environmental Services • LaBella Associates Funds are available in the respective accounts for each project or repair. 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 November 19, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire the consultants listed below to perform various environmental services on an as needed basis for various City -owned buildings throughout the City. The consultants were chosen through a Request for Qualification (RFQ) Process. The term of the RFQ is one (1) year, with four (4) one year renewal options. The proposals were awarded as follows: 1. Inspection and Testing Services • Stohl Environmental • UNYSE Environmental Services • LaBella Associates Design Services • Stohl Environmental • UNYSE Environmental Services • LaBella Associates • Watts Engineering 3. Removal Services • Stohl Environmental • Epic • Ensol Inc. 4. Monitoring Services • Stohl Environmental • UNYSE Environmental Services • LaBella Associates Funds are available in the respective accounts for each project or repair. PASSED AYES -9 NOES -0 NO. 26 PERMISSION TO INCREASE CONSULTANT CONTRACT NUSSBAUMER & CLARKE, INC. CONTRACT # 93000257 REHAB OF EQUIP IN LLPS AT FILTER PLANT I hereby submit to your Honorable Body the following change for this contract. Nussbaumer and Clarke, Inc. is the engineering consultant for Rehabilitation of Equipment in the LLPS at the Filter Plant. This increase is necessary for services related to additional engineering, construction administration (CA) and resident inspection (RI) of the presently ongoing work for Rehabilitation of Equipment in the LLPS at the Filter Plant. The Hourly wage rates are adjusted approximately 3% each year as per the original contract agreement. This represents the third and last year calendar year of a three year construction contract, as per the original contract agreement. The construction period is three years because of the nature of the work involved. The work includes extensive electrical work for the switchgear and the medium voltage service. Also, only select pumps could be out of service at a given time because we had to maintain pumping capacity or we will not be able to produce water. Current Contract Amount: $ 874,000.00 This Cost increase: $ 175r000.00 Total: $1,049,000.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $175,000.00. The funds are available in a Division of Water account(s) 53230796 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated November 19, 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 $175,000.00 (Original Contract Amount $874,000.00 + Change Order #1 $175,000.00 for a Revised Contract Amount of $1,049,000.00) for rehabilitation of equipment in the LLPS at the Filter Plant, to Nussbaumer & Clarke, Inc., C #93000257. Funds are available in Division of Water Account(s) #53230796 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 27 PERMISSION TO SCRAP O CAFETERIA ASSETS [:GE OVEN /6 RIDDLE VULCAN OVEN /STOVE The Division of Buildings is requesting permission to dispose of the following listed assets previously used in City Hall cafeteria by means of salvage: 1) General Electric Oven /Griddle - Model #CR42C; Serial# 1076666001 2) Vulcan Oven /Stove - Model #E36L; Serial# 481323918 The above listed assets are damaged, obsolete, and irreparable. They have been determined to be unsafe and not usable. 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 November 21, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets, Division of Buildings, to dispose of the following listed assets previously used in the City Hall cafeteria by means of scrap: -General Electric Oven /Griddle - Model #CR42C, Serial #10766G001 -Vulcan Oven /Stove- Model #E36L, Serial #481323918 The above listed assets are damaged, obsolete and irreparable, and have been determined to be unsafe and not usable. PASSED AYES -9 NOES -0 NO. 28 REPORT OF BIDS AUTO IMPOUND —DART STREET EMERGENCY CONTROLLED DEMOLITION NORTH DISTRICT I requested on October 11, 2013 and received the following bids for the Auto Impound Controlled Demolition, which were publicly opened and read on October 23, 2013. All costs below reflect and are offset by the determined value by each respondent for scrap metal that exists in the framing of these two buildings. General Construction Base Bid Alt# 1 Hannah Demolition Inc. $1.00 $1.00 205 Bailey Ave., Buffalo, NY Apollo Dismantling Services LLC. $ 42,000 $21,000 4511 Hyde Park Blvd. Niagara Falls, NY Metro Environmental $ 55,000 $24,000 2939 Lockport Rd., Niagara Falls, NY Getter Done of WNY $126,000 $51,200 300 Greene St., Buffalo, NY Total Wrecking $21,500 $- 6,500(Credit) PO Box 326, Buffalo, NY Alternate #1: Building #6 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Hannah Demolition, with a base bid of $1.00, add Alt. #1 for $1.00,for a total bid of Two Dollars and 00/100 ($2.00) 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. Funding for this project is available in 13296006 443200 - 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 November 21, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Auto Impound Controlled Demolition with Hannah Demolition in the amount of $2.00 (Base Bid $1.00 + Alt. #1 $1.00 for a Total Bid Amount of $2.00). Funding for this project is available in the following funding sources in the amount of $19,700.00. Funds for this project are available in Account #13296006 443200 - Buildings. PASSED AYES -9 NOES -0 NO. 29 REPORT OF BIDS AUTUMNWOOD SENIOR COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 37 -03200 1 advertised for on October 24, 2013 and received the following formal sealed bids for the Autumnwood Senior Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. General Construction Base Bid Progressive Roofing $58,000.00 331 Grote St., Buffalo, NY 14207 Jameson Roofing Co. $66,089.00 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing with a base bid of $58,000.00 for a total amount of Fifty Eight Thousand and 00/100 Dollars ($58,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CG9E2007- 470000, 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 November 15, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Autumnwood Senior Community Center, Rehabilitation project, with Progressive Roofing in the amount of $58,000.00. Funding for this project is available in Account # CGgE2007 - 470000 - Buildings. PASSED AYES 9. NOES 0 NO. 30 REPORT OF BIDS CITY HALL EXTERIOR LIGHTING ELLICOTT DISTRICT I advertised for on August 22, 2013 and received the following formal sealed bids for the City Hall Exterior Lighting, which were publicly opened and read on September 12, 2013. Base Bid CIR Electrical Constr. Co. $489,900.00 400 Ingham Ave., Buffalo NY Frey Electric Construction Co $692,000.00 100 Pearce Ave. Tonawanda. NY South Buffalo Electric $727,777.00 1250 Broadway St., Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical Constr. Co. with a bid of Four Hundred Eighty Nine Thousand Nine Hundred Dollars and 00/100 Dollars ($489.900.00) 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 33320506 445100, 30320506 445100, 38320806 445100, 35323106 - Buildings. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 REPORT OF BIDS CRUCIAL COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 10207 1 advertised for on October 22 2013 and received the following formal sealed bids for the Crucial Community Center, Rehabilitation Project, which were publicly opened and read on November 14, 2013. General Construction Base Bid 'DW Development $64,457.00 701 Winspear Rd., Elma. NY Grove Roofing $77,200.00 131 Reading St. Buffalo, NY Jos. A Sanders $80,554.00 PO Box 814. Buffalo NY14240 Progressive Roofing $97,650.00 331 Grote St. Buffalo NY 14207 'DW Development was deemed non - responsive due to lack of EEO statements and incomplete proposal forms. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing with a base bid of $77,200, plus contingency for $7,280 for a total amount of Eighty Four Thousand Four Hundred Eighty and 00/100 ($84,480.00) 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. Funding for this project is available in CH9M2077 470000 - 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 November 21, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Crucial Community Center Rehabilitation Project, with Grove Roofing in the amount of $84,480.00 (Base Bid $77,200 plus contingency for $7,280.00 for a Total Bid Amount of $84,480.00). Funding for this project is available in Account # CH9M2007 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 32 REPORT OF BIDS DELAVAN GRIDER COMMUNITY CENTER REHABILITATION PROJECTS CDBG FUNDED YEAR 38 - 16201 1 advertised for on October 22, 2013 and received the following formal sealed bids for the Delavan Grider Community Center, Rehabilitation Project, which were publicly opened and read on November 13 2013. General Construction Base Bid Miller Enterprises, Inc $191,700 12 Newfield, Buffalo, NY Hadala Construction $196,000 331 Grote, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc with a base bid of $191,700, plus 10% contingency for $19,170 for a total amount of Two Hundred Ten Thousand Eight Hundred Seventy and 00/100 $210,870.00) 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. Funding for this project is available in CH9T2017 - 470000 - 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 November 21, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Delavan Grider Community Center Rehabilitation Project, with Miller Enterprises in the amount of $210,870.00 (Base Bid $191,700.00 + 10% contingency fee $19,170.00 for a Total Bid Amount of $210,870.00). Funding for this project is available in Account # CH9T2017 - 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 33 REPORT OF BIDS HENNEPIN COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 03202 1 advertised for on October 22, 2013 and received the following formal sealed bids for the Hennepin Community Center, Rehabilitation Project, which were publicly opened and read on November 14, 2013. General Construction Base Bid Alt #1 Alt #2 Quackenbush Co., Inc. $88,900 $17,500 $17,500 795 Kennedy Rd., Buffalo NY Greater Niagara Mechanical, Inc. $94,100 $19,200 $19,200 7311 Ward Rd., North Tonawanda NY Alternate #1: Equipment HV -4 and all associated work including but net limited to packaged equipment, duct connections, pipe connections, accessories, TAB, VFD, control panel, temperature controllers, and electrical systems and connections. Alternate #2: Equipment HV -5 and all associated work including' but not limited to packaged equipment, duct connections, pipe connections, accessories, TAB, VFD, control panel, temperature controllers, and electrical systems and Connections. I hereby certify that the foregoing is a true and correct statement of all bids received and that Quackenbush Co., Inc. with a Base Bid of $88,900.00, add Alternate #1 for $17,500.00, add Alternate #2 for $17,500.00 plus 10% contingency for $12,390 for a total contract amount of One Hundred Thirty Six Thousand Two Hundred Ninety Dollars and 00/100 ($136,290.00) 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. Funding for this project is available in CH9E2027- 470000 - 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 November 21, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Hennepin Community Center Rehabilitation Project, with Quackenbush Co., Inc. in the amount of $136,290.00 (Base Bid $88,900.00 + Alt. #1 $17,500.00 + Alt. #2 $17,500.00 + 10% contingency $12,390.00 for a Total Bid Amount of $136,290.00). Funding for this project is available in Account # CH9E2027 - 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 34 REPORT OF BIDS JFK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 14201 I advertised for on October 22, 2013 and received the following sealed bids for the JFK Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. Mechanical Construction Base Bid WC Roberson Plumbing and Construction Corp $29,900 602 E. Delavan, Buffalo, NY Hadala Construction $33,600 331 Grote, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that WC Roberson Plumbing and Construction Corp with a base bid of $29,900, plus 10% contingency for $2,990 for a total amount of Thirty Two Thousand Eight Hundred Ninety and 00/100 ($32,890.00) 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. Funding for this project is available in CH9R2017 - 470000 - 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 November 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the JFK Community Center Rehabilitation Project, with WC Roberson Plumbing and Construction Corp. in the amount of $32,890.00 (Base Bid $29,900.00 + 10% contingency $2,990.00 for a Total Bid Amount of $32,890.00). Funding for this project is available in Account # CH9R2017 - 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 35 REPORT OF BIDS SCHILLER COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 30200 1 advertised for on October 22, 2013 and received the following formal sealed bids for the Schiller Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. General Construction Base Bid Grove Roofing Services, Inc. $377,000 Waver Metal & Roofing, Inc. $430,400 Jameson Roofing Co. $776,363 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, Inc with a base bid of $377,000, plus 10% contingency for $37,700 for a total amount of Four Hundred Fourteen Thousand Seven Hundred Twenty and 00/100 Dollars ($414,700.00) 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. Funding for this project is available in CH9E2007 - 470000 - 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 November 21,2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Schiller Community Center Rehabilitation Project, with Grove Roofing Services Inc. in the amount of $414,700.00 (Base Bid $377,000.00 + 10% contingency $37,700.00 for a Total Bid Amount of $474,700.00). Funding for this project is available in Account # CH9E2007 - 470000 - Buildings. PASSED AYES 9, NOES 0 NO. 36 REPORT OF BIDS SCHILLER COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 30200 1 advertised for on October 22, 2013 and received the following formal sealed bids for the Schiller Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. Electrical Construction Base Bid Weydman Electric Inc $69,100 Goodwin Electric Corp. No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Weydman Electric Inc with a base bid of $69.100. plus 10% contingency for $6,910 for a total amount of Seventy Six Thousand Ten and 001100 ($76,010.00) 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 Funding for this project is available in CH9E2007 - 470000 - 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 November 13, 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 Schiller Community Center Rehabilitation Project (Electric), with Weydman Electric Inc. in the mount of $76,010.00 (Base Bid $69,100.00 + 10% contingency $6,910.00 for a Total Bid Amount of $76,010.00). Funding for this project is available in Account # CH9E2007 - 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 37 REPORT OF BID FLOOR SLAB REPAIR BROADWAY GARAGE ELLICOTT DISTRICT This is to advise your Honorable Body that I requested and received the following bid Proposals on November 19, 2013 for emergency repairs at Broadway Garage. 1- Oakgrove Construction, Inc. - $ 39,980.00 2 -Union Concrete and Construction Corp. - $56,183.00 3- Nichols, Long & Moore Const. Co. - $147,710 There is a hole through the 2 nd floor at Broadway garage where City stores heavy snow removal equipment. The hole prevents regular movement / retrieval of some snow removal equipment and is urgent that the floor be repaired, before we get into the snow removal operation. I hereby certify that the lowest responsible bidders is Oakgrove Construction, Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 43,978 (Base Bid $ 39,980+ a $ 3,998 - 10% Unit bid increase = $ 43,978).The Funds are available in account(s) to be named at later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 19, 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 floor slab repair at the Broadway Garage, with Oakgrove Construction, Inc. in the amount of $43,978.00.00 (Base Bid $39,980.00.00 + 10% unit bid increase $3,998.00 for a Total Bid Amount of $43,978.00). Funding for this project is available in an account(s) to be named at a later date. PASSED AYES 9. NOES 0 NO. 38 REQUEST TO PURCHASE EQUIPMENT Purchase (1) 2014 Chevrolet Express Van $26,935.25 15 Passenger RWD 155 From NYS Contract 22839 / PC65853 / Lot II - Item 13 Joe Basil Chevrolet, Inc. (716- 206 -1746 Michael) 5111 Transit Road Depew, NY 14043 Purchase (1) For F -350 Crew Cab 4x4 Pick Up Truck w /Dump Insert $37,733.42 From NYS Contract 22539 / PC65855 / Lot I Item 17 Van Bortel Ford (585- 586 -7705 Joshua) 71 Marsh Road East Rochester, NY 14445 TOTAL $64,668.67 Funds Out of: Bond Fund 36400216- 445100 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 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 purchase one (1) 2014 Chevrolet Express Van in the amount of $26,935.25 from Joe Basil Chevrolet, Inc. and one (1) Ford F -150 Crew Cab 4X4 pickup truck with dump insert in the amount of $37,733.42 from Van Bortel Ford. Funds are available in Bond Fund Account #36400216- 445100. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 39 FOOD STORE (NEW) 1146 HERTEL (DELAWARE) 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 1146 Hertel (JERUSALEM HALAL MARKET/YASMIN AMIN) 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. 40 FOOD STORE (NEW) 294 WEST FERRY (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 294 West Ferry (UNITED SUPER BAZAR INC /MD NASIR UDDIN) 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 November 14, 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 Nasir Uddin d /b /a United Super Bazar Inc. located at 294 West Ferry. PASSED AYES 9, NOES 0 NO. 41 FOOD STORE (NEW) 2419 SENECA (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2419 Seneca (FINEST FOOD MARKET /HEDAYATULLAH NATIQ) 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. 42 LODGING HOUSE LICENSE 557 HERTEL (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 557 Hertel Ave, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. 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 Christopher Moyer. The attached thereto for Christopher Moyer d /b /a 557 Hertel Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 RESTAURANT DANCE LICENSE 1065 GRANT (NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1065 Grant for which said renewal application for a Restaurant Dance Class IV ,license is being sought Joseph Breidenstein @ The Showplace Event Center and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated November 2 t, 2013, with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to Joseph Breidenstein d /b /a The Showplace Event Center, located at 1065 Grant. PASSED AYES 9, NOES 0 NO. 44 SCRAP PROCESSOR 1091 CLINTON AKA 1125 CLINTON (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 1091 Clinton aka 1125 Clinton and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor 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 NICHOLAS MARCEZIN. The attached thereto for NICHOLAS MARCEZIN d /b /a 2390 KENMORE AVE INC. 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 Permits and Inspection Services, dated November 12, 2013, be received and filed; and That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of the Department of Permits & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to Nicholas Marcezin d /b /a Ben 2390 Kenmore Avenue Inc., located at 1091 Clinton a /k/a 1125 Clinton. PASSED AYES 9, NOES 0 NO. 46 USED CAR DEALER 1091 CLINTON ST AKA 1125 CLINTON (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 1091 CLINTON aka 1125 CLINTON 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 NICHOLAS MARCEZIN. The attached thereto for NICHOLAS MARCEZIN /dba/ 2390 KENMORE AVE INC. 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 Permits and Inspection Services, dated November 12, 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 Nicholas Marcezin d /b /a 2390 Kenmore Avenue Inc., located at 1091 Clinton a /k/a 1125 Clinton. PASSED AYES 9, NOES 0 NO. 46 WHOLESALE JUNK DEALER 1091 CLINTON AKA 1125 CLINTON(FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 1091 Clinton aka 1125 Clinton and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk 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 NICHOLAS MARCEZ1 N. The attached thereto for NICHOLAS MARCEZIN d /b /a 2390 KENMORE AVE INC. 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 Permits and Inspection Services, dated November 12, 2013, be received and filed; and That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of the Department of Permits & Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Nicholas Marcezin d /b /a Ben 2390 Kenmore Avenue Inc., located at 1091 Clinton a /k/a 1125 Clinton. PASSED AYES 9, NOES 0 NO. 47 APPOINT BUILDING INSPECTOR (PERM)(FIFTH STEP)(PICCOLO) Certificate of Appointment Appointment Effective 11/6/2013 in the Department of Permit & Inspection Services Division of Inspections to the Position of Building Inspector Permanent Appointment Fifth Step Starting salary of $55,508 Michael Piccolo, 230 Heath St., Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 48 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 322 W. Ferry Dollar Restaurant William Mai 765 Elmwood El Agave Agave Elmwood Inc 286 Main Street The Archer Archer Hospitality LLC RECEIVED AND FILED NO. 49 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- Elizabeth Clark, Katie McKeating, Nicholas Valvo, Paul Ramunno Jr., Sharon Anderson, John Rossi, Ronny Blatchford, Deborah Terkuma, Paul Delano Jr., Jamillah Davis, Luis Marrero RECEIVED AND FILED. NO. 50 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. 51 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective 10/29/2013 in the Department of Permit & Inspection Services Division of Inspections to the Position of Laborer II Seasonal Non - Competitive Minimum Starting salary of $12.47 John Caputo, 317 Fargo Avenue, Buffalo 14213 NO. 52 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 11/13/2013 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary as required Open Competitive Flat Starting salary of $15.00 Andrew Krawchuk, 427 Forest, Buffalo 14206 Certificate of Appointment Appointment Effective 11/14/2013 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary as required Open Competitive Flat Starting salary of $15.00 Michael Whelan, 162 Mariemont, Buffalo 14220 William Barnes, 104 Tuscarora, Buffalo 14220 Certificate of Appointment Appointment Effective 11/12/2013 in the Department of Police Division of Commissioner's Office to the Position of Police Surveillance Camera Monitor Provisional Appointment Minimum Starting salary of $23,130 Amelia Fernandez, 106 Fargo Avenue, Buffalo 14201 Certificate of Appointment Appointment Effective 11/6/2013 in the Department of Permit & Inspection Services Division of Inspections to the Position of Building Inspector Permanent Appointment First Step Starting salary of $33,304 John Rossi, 31 S. Ryan Street Buffalo 14210 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 53 T. DEE- CANALSIDE MODIFIED GENERAL PROJECT PLAN AMENDMENT On behalf of the Erie Canal Harbor Development Corporation, attached are the Canalside Modified General Project Plan Amendment and Modified General Project Plan for your reference and official filing purposes. Please feel free to contact Kaitlin Chmura (716- 846 -8238) with any questions. Sincerely, Thomas P. Dee President Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 54 EC RESPONSE TO REZONE 80, 100, 152 FOREST AND 12, 14, 16, 18, 22, 24, 26, 28, 30, 36, 58, 99999 DANFORTH Site Plan or Zoning referral to County of Erie, NY and reply to Municipality No recommendation; proposed action has been reviewed and determined to be of local concern. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 EC RESPONSE TO REZONING 422,424 AND 426 DINGENST ST Site Plan or zoning referral to County of Erie NY and reply to municipality No recommendation; proposed action has been reviewed and determined to be of local concern. RECEIVED AND FILED 01 [61t1il D. FRANCZYK -D PUGLIESE- REQUEST HANDICAP PKG METER IN FRONT OF 531 VIRGINIA(FILL) Dear Mr. Franczyk, SportsFocus Physical Therapy, PC is a private practice that is now located at 531 Virginia Street as on November 4 2013. We have already applied for a 40 ft. loading zone in front of the building and in addition would also like to have one of the parking meters on the south side of the street labeled for Handicap Only. This would make it much easier for our patients who are disabled and are receiving treatment. Thank you in advance for your assistance with this matter. Sincerely, Dianna Pugliese, PT Co- Director REFERRED TO THE COMMISSIONER OF PARKING AND THE COMMISSIONER OF PUBLIC WORKS NO. 57 M. LOCURTO - WORKER -OWNED COOPERATIVES Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on November 26, 2013. Thank you in advance for your assistance in this matter. Sincerely, MICHAEL J LOCURTO Delaware District Councilmember REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 A. PERRY -CAO OPPOSE CELL TOWER 523 AND 535 NORTHAMPTON ST Rev. Darius G. Pridgen Ellicott District Councilmember City of Buffalo 1408 City Hall Buffalo, New York 14202 1 am writing on behalf of the Community Action Organization of Erie County, Inc. ( "CAO') in response to the letter from attorney Kimberly Barnashuk dated September 26, 2013. As noted in our letter dated August 28, 2013, CAO wishes to reiterate that it strongly opposes the location of this 90 foot cell tower and oversized 50 by 50 foot concrete base receiver station anywhere on the church property located at 523 and 535 Northampton Street. Nothing about T- Mobile's application for this site meets the City Communications Towers and Antennas Ordinance in the City Zoning Code. The application seeks to locate in a residential zone and directly across from the proposed residential housing complex planned at the former Deaconess Hospital site. There is no co- location on an existing tower, there is a substantial adverse impact on existing and proposed residential housing and the adverse visual impact has not been minimized. T- Mobile should locate its cell tower on some other property in the City where it will not negatively impact on two large, successful, highly visible, residential housing projects. For the above -noted reasons, CAO respectfully implores the Common Council to deny the restricted used permit application filed by T- Mobile. Thank you for your consideration. Very truly yours, Adam W. Perry REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 D. SMITH -TEACH FOR AMERICA MAKES A PUSH IN BUFFALO I would like to file that attached information for the next Common Council meeting to be held on Tuesday, November 26, 2013. Thank you. SEARCH SCHOOL ZONE Teach for America makes a push in Buffalo Teach for America. a national program aimed at providing strong teachers to low- income school districts, hopes to partner with Buffalo City Schools to provide 25 -30 teachers in classrooms with the highest needs next school year. The teachers, who would agree to a two -year commitment under the Teach for America program, would offer the district more teacher diversity, greater focus on low- income student learning, and academic background in hard -to -staff subject areas, said Katie Campos, managing director of Community Engagement for Teach for America. Campos, who spoke with the school board at a committee meeting Wednesday, said M &T Bank would cover the $5,000 fee for each Teach for America teacher the first year of the two -year commitment. That fee is on top of the regular salary the teachers would receive under the Buffalo Teachers Federation contract. All Teach for America teachers would be BTF members. Teach for America attempted to partner with the Buffalo school district last year but was unsuccessful because of the short timeframe for recruiting teachers, Campos said. Some concerns, including concerns about teacher retention, were also raised by the BTF. Campos said 5,900 college graduates joined Teach for America in 2013, and of that number 142 wanted to teach in Buffalo but went elsewhere because no partnership with Buffalo yet existed. She also said the majority of college graduates recruited for Teach for America stay in education after their two -year commitment is up. Below is the presentation given to the hoard Wednesday during the Student Achievement Committee meeting. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION PETITIONS NO. 60 T. PARMINGTON, OWNER, USE 2282 NIAGARA FOR MASONRY MANUFACTURING AND STORAGE WAREHOUSES ADD USE OF WOODEN CANOE AND ADIRONDACK BOAT RESTORATION IN THE NIAGARA RIVER COASTAL DISTRICT (NORTH)(HRG 12/3) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 A. IBRANIM, OWNER, USE 2222 GENESEE ST FOR A FOOD STORE IN THE GENESEE -E. DELAVAN SPECIAL DISTIRCT(LOV)(HRG 12/3) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 62 M. JAMIL, OWNER, USE 1330 NIAGARA, CONVERT THE REAR PORTION OF 2 STORY MASONRY BUILDING FOR AN AUTO DETAIL /CUSTOMIZING SHOP WITH SPRAY BOOTH IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (NIA)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 63 M. LOCURTO -H. RAESS & O- PARKSIDE AVE TRAFFIC CALMING PETITION Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: Parkside Avenue Traffic Calming Petition Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on November 26, 2013. Thank you in advance for your assistance in this matter. Sincerely, Delaware District Councilmember Parkside Avenue Traffic Calming Petition Mayor Byron Brown, We strongly request that you, our Mayor, lead the city departments necessary to redesign Parkside Avenue, reducing it from four to two lanes to slow traffic and increase safety. Parkside Avenue is part of the historic, Olmsted- designed Parkside neighborhood. In the name of progress, the city made Parkside Avenue more like a highway with no buffer for the families and businesses along the street. It is no longer possible for citizens and tourists to fully realize Olmsted's vision on the way to Delaware Park, the Buffalo Zoo and other nearby attractions unless there's change. We acknowledge that you recognize there is an issue on the street, and before Primary Election Day held a press conference to bring attention to solar power traffic control units added to the street. While the message sent to drivers about their speed raises awareness, it is mostly without consequence, and by no means a permanent solution. This issue needs attention beyond election season. The Parkside Avenue and Florence Avenue Road Safety Assessment Report completed in Fall 2012 for the City of Buffalo found the accident rate at this intersection is more than three times the storewide average for urban signalized intersections. We know our city can do better immediately by restriping and allowing full time parking on both sides of the road. We hope the City does not use a study now underway as a reason to delay meaningful change. Without measures to calm traffic, more people could be hurt. New York State Department of Transportation data shows that over a three -year period, from 2009 to 2012, the City of Buffalo had the highest numbers of collisions involving pedestrians or bicyclists at 2,002 collisions. Amherst came in second with 328. We are trying to prevent a pedestrian or bicyclist along Parkside Avenue from being one of those people injured or killed. You wrote in a letter sent to the Regional Director of New York State's Department of Transportation, "... there is a need now more than ever to reevaluate how our streets can best serve the changing needs of the community and the region." We, concerned citizens of the City of Buffalo, ask that you follow up on these words with action along Parkside Avenue. REFERRED TO THE COMMITTEE ONLEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS AND THE NYS DEPT OF TRANSPORTATION REGUALR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 64 APPOINT CAULKER(PERM)(STEP 2)(SZCZEPANSKI)(PW) (CCP# 14,11/12) Mrs. Russell moved That Communication 14 of November 12, 2013, be received and Filed and that the Permanent appointment of Joseph Szczepanski, 210 Grote Street, Buffalo, NY 14127 at the 2 nd step of $35,071.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 65 APPOINT FLEET COORD(PROV)(MAX)(MAZUR)(PW) (CCP# 15, 11/12) Mrs. Russell moved That Communication 15 of November 12, 2013, be received and Filed and that the Provisional appointment of William Mazur, 50 Hilltowne Dr, Orchard Park, NY 14127 at the Maximum Salary of $52,188.00 is hereby approved PASSED AYES -9 NOES -0 NO. 66 APPOINT ASST DIR OF HOUSING & PROPERTY INSPECTIONS (STEP)(5 STEP)(ZILKOWSKI)(EDPI) (CCP# 20,11/12) Mrs. Russell moved That Communication 20 of November 12, 2013, be received and Filed and that the Temporary appointment of Gary Zilkowski, 42 Coburg, Buffalo, NY 14216 at the 5 th step of $66,873.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 67 APPOINT CHIEF BUILDING INSPECTOR (TEMP)(3RD STEP)(ZAFUTO)(EDPI) (CCP# 21,11/12) Mrs. Russell moved That Communication 21 of November 12, 2013, be received and Filed and that the Temporary appointment of David Zafuto, 236 Wellington, Buffalo, NY 14216 at the 3rd step of $57,440.00 is hereby approved PASSED AYES -9 NOES -0 NO. 68 APPOINT ADMINISTRATIVE ASSISTANT (PERM)(MAX)(KIRKER)(PKG) (COP# 23,11/12) Mrs. Russell moved That Communication 23 of November 12, 2013, be received and Filed and that the Permanent appointment of Heidi Kirker, 351 Potters Road, Buffalo, NY 14220 at the Maximum Salary of $45,613.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 69 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CTY CLK) CCP# 25, 11/12 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 70 APPLICATION FOR REAL PROPERTY TAX EXEMPTION FOR SERVICE COLLABORATIVE OF WNY INC. (ASSMT.) (ITEM NO. 5, C.C.P., NOV. 12, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That authorized by Chapter 363 of the Laws of 2013, the Common Council hereby approves the application of The Service Collaborative of WNY Inc. for real property tax exemption for a non - profit organization for property located at 635 South Park Avenue, Buffalo, New York 14210. PASSED AYES -9 NOES -0 NO. 71 FIRST QUARTER GAP SHEET - 2013- 2014(A &F) COP# 25, 11/12 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 72 CITY OF BUFFALO INVESTMENT POLICY (COMPT) (ITEM NO. 7, C.C.P. OCT.7, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for adoption; That the Common Council hereby adopts the City of Buffalo Investment Policy submitted by the Department of Audit and Control. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 73 D. SACS -STATE SMART GROWTH PUBLIC INFRASTRUCRURE POLICY ACT (C.C.P #86, JULY 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 74 D. SACS -STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT CRITERIA CHECKLIST (C.C.P #87, JULY 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 75 D. PRIDGEN -S. WESTBROOK & O- PETITION AGAINST 350 E. NORTH STREET (C.C.P #94, JULY 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 76 U.S. POST OFFICE REMOVAL OF POSTAL MAIILL BOXES (EXC FINAL RES)(FRANCZYK) (C.C.P #1 17, JULY 23) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 77 REPORT OF SALE - 217 WEST (ELI)(STRAT PLAN) (ITEM NO. 16, C.C.P., JULY 9, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Carlos J. Villarroei of 18 Plymouth Avenue, Buffalo, New York 14201, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 217 West Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 78 D. PRIDGEN -H. HILL - COMMUNITYGARDEN VIRGINIA &MULBERRYSTS (C.C.P #35, JUNE 25) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 79 D. PRIDGEN -M. D'AMICO - REQUEST TO SPEAK AT NEXT CD MEETING RE USE OF PARKS (C.C.P #29, MAY 28) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 80 TRAILBLAZING SIGN REQUEST FOR HON. DAVID A. COLLINS(SMITH) (C.C.P —, APR 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 81 SEQR FINDINGS STATEMENT -BFLO NIAGARA MEDICAL CAMPUS(PLAN BD (C.C.P #3, FEB 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 82 SHEEHAN PROPERTY AND ECC COLLABORATION (PRIDGEN) (C.C.P #46, JAN 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 83 SENECA GAMING CORP- UPDATE REGARDING ONGOING BFLO CREEK DEV (C.C.P #55, DEC 26)(#43,12/11) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 84 D. BRADLEY- EXPECTED ADDITIONAL STAFFING AND SLOT REVENUE FLOWS -SGC AND COB (C.C.P #38, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 85 BSA LONG TERM CONTROL PLAN - COMBINED SEWER OVERFLOW ABATEMENT PROJ AND ADOPTION OF SEQRA NEGATIVE DECLARATION (SEWER) (C.C.P #79, SEPT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 86 S. METIVIER - WETLANDS AND WATERS(SCOPING DOCUMENTS) (C.C.P #93, SEPT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 87 Z. IZLAM- LETTERS DELAYING TRANSFERRING LAND TO ST. JOHN COMM DEV (C.C.P #61, JUNE 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 88 UPDATE ON SAINT ANN'S CHURCH AND SHRINE(EXCRESOLVES)(PRIDGEN) (C.C.P #107, MAY 15) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 89 R. GRABER -EC LEG RESOLUTION REG. DEMARCATED PEDESTRIAN CROSSWALK BTWN 92 & 95 FRANKLIN (C.C.P #41, APR 17) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 90 R. PRICE &O -REQ. IMPROV. TO HUDSON STREET BEHINDELMWOOD VILL CHARTER SCH (C.C.P #45, MAR 6) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 91 D. MIKA, AGENT, USE 425 MICHIGAN TO PLACE TWO WALL SIGNS AND ERECT A GROUND SIGN (ELL) (DPIS) (ITEM NO. 33, C.C.P., NOV. 12, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 387 -19 and Section 511- 12K(2) of the City Charter, the application of D. Mika, Agent, to place two (2) wall signs and erect a ground sign to the west elevation of a multi -story masonry mixed -use building at 425 Michigan is hereby approved. PASSED AYES -9 NOES -0 NO. 92 C. AUREACH, AGENT, REZONE 80, 100, 152 FOREST AND 12, 14, 16, 18, 22, 24, 26, 28, 30, 36, 58, 99999 DANFORTH TO A R4(HRG 11 /26)(NORTH) On a motion By Mr. Smith seconded by Mr. Rivera the hearing is opened. Appearances Corey Aureach James Lee Art Robinson Councilmember Golombek On a motion by Mr. Smith seconded by Mr. Golombek the Hearing is closed On a motion by Mr. Smith seconded by Mr. Rivera the Above item is Recommitted to the Committee on Legislation C. Aureach, Agent, Rezone 80,100,152 Forest and 12, 14, 16, 18, 22, 24, 26, 28, 30, 36, 58, 9999 Danforth to a R4 (hrg 11 /26)(North) (C.C.P. #36, Nov 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 93 BD VOTE FOR 651 BROADWAY ST. ANN'S RC CHURCH (PRES BD) (C.C.P #1, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 94 R.. BATES - SUPPORT ST. ANN'S RC CHURCH (C.C.P #47, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 95 K. KEENAN -RESP LANDMARK APPL 651 BROADWAY ST. ANN'S RC CHURCH (C.C.P #48, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 96 T. YOTS- SUPPORT LANDMARK DESIGNATION 651 BROADWAY ST. ANN'S RC CHURCH (C.C.P #56, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 97 K. KEENAN - RESP - MORATORIUM ON DEMOLITION OF ST. ARM'S RC CHURCH (C.C.P #66, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 98 APPLICATION FOR LANDMARK /LANDMARK SITE 651 BROADWAY(ELL)(HRG 09 /24)(PRES BD) (C.C.P #3, SEPT 3) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 99 LP CIMINELLI -BOARD PACKET DOCUMENTS - NOVEMBER 2013 (C.C.P #26, NOV 12) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 100 LP CIMINELLI -BOARD PACKET DOCUMENTS OCTOBER 2013 (C.C.P #42, OCT 29) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 101 LP CIMINELLI -BOARD PACKET DOCUMENTS SEPTEMBER 2013 (C.C.P #40, SEPT 17) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 102 LP C IMINELLI -BOARD PACKET DOCUMENTS AUGUST 2013 (C.C.P #64, SEPT 3) Mr. Smith now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 103 BY: MR. FONTANA ORDINANCE AMENDMENT §611 -126 OF ARTICLE XXV OF CHAPTER 611 AS IT RELATES TO THE USE MAP OF THE CITY ZONING ORDINANCE That the Common Council of the City of Buffalo does hereby ordain as follows: Section 1 That the part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C -2" Community Business District rather than an "R -2" Residential District for the premises known 422 Dingens Street, 424 Dingens Street, and 428 Dingens Street, and also known as Tax Map Numbers 112.83 -4 -31, 112.83 -4 -32 and 112.83 -4 -33 and more particularly described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of Farm Lot 148 Y2, Township 10 and Range 7 of the Buffalo Creek Reservation, and being more particularly bounded and described as follows: Beginning at the southeast comer of the property described in Book 9519 of Deeds, Page 551 (Parcel B), said point being on the northerly line of Dingens Street (66 feet wide) and on the division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, North 81 °30'00" West, on the northerly line of said Dingens Street, a distance of 117,09 feet to the point of intersection of said northerly line of Dingens with the easterly line of Cambria Street (60 feet wide), said point also being the southwest comer of lands now of formerly of Sunoco, Inc. (R &M) recorded in Book 11247 of Deeds, Page 3949; thence, North 0803700 East, on the easterly line of said Cambria Street, a distance of 125.00 feet to a point on the division line between said lands of Sunoco on the south and lands now or formerly of Marie L. Horn (Book 5149 of Deeds, Page 174) on the north; thence, South 81 030'00 East, on said division line and parallel with the northerly line of said Dingens Street, a distance of 116.68 feet to a point on said division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, South 08025'50 West, on said division line, a distance of 125.00 feet to the Point of Beginning. Said parcel containing 0.336 acres, more or less, and also includes the lands now or formerly of Sunoco Inc. (R &M) described in Book 11232 of Deeds, Page 9051 filed in the Erie County Clerk's Office, and as shown on a map prepared by Bergmann Associates entitled "Property Map Sunoco, Inc., 422, 424, 428 & 432 Dingens Street ", drawing number CM -1, dated August 26, 2013, last revised on September 30, 2013, said map to be filed in the Erie County Clerk's Office. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 104 BY: COUNCIL PRESIDENT FONTANA REQUEST FEE WAIVER FOR KAISERTOWN COALITION KIDS CHRISTMAS PARTY Whereas The Kaisertown Coalition Block Club is comprised of and serves the residents of the Kaisertown community in the Lovejoy District; and Whereas Each year the Kaisertown Coalition holds several community events, one such being the annual Kids Christmas Party at the Machnica Community Center during which neighborhood children can come and celebrate the holidays with family and friends for free; and Whereas Each year the event is planned and hosted by a committee of volunteer members of the Coalition; and Whereas In preparation for the event the committee has requested usage of the Machnica Center community meeting room on November 21, 2013 from 6:00 to 7:30 pm, and December 2 2013 from 6:00 pm to 7:30 pm, and for the Kids Christmas Party on Saturday, December W from 10:00 am to 5:00 pm including set -up and clean -up time. Now, Therefore, Be It Resolved: The Common Council hereby requests the Department of Public Works Division of Parks waive any and all room usage fees for the requested dates for the Kaisertown Coalition Kids Christmas Party. Be It Further Resolved: A copy of this resolution be forwarded to Mr. Gary Tomporowski in the DPW Division of Parks. PASSED AYES -9 NOES -0 NO. 106 BY: COUNCIL PRESIDENT FONTANA, MAJORITY LEADER SMITH, AND CMMCILMEMBER SCANLON URGE NYS SENATE AND ASSEMBLY TO PASS BILLS EXEMPTING CONTRACTORS WITHIN THE CITY OF BUFFALO FROM PAYMENT OF ASBESTOS NOTIFICATION FEES FOR DEMOLITIONS Whereas There are several thousand properties in the City of Buffalo that are slated for demolition which cause community blight as well as many numerous other extenuating quality of life issues; and Whereas These demolitions cost the City of Buffalo tens of thousands of dollars each, funds which are often difficult or impossible to recoup from responsible parties; and Whereas New York State Law requires contractors to submit an asbestos project notification form outlining the plan for asbestos removal and disposal which carries a fee of up to $2,000 per structure demolished; and Whereas These fees compounded across the hundreds of demolitions performed by City of Buffalo contractors each year sharply impacts the total number of demolitions the City is able to perform, essentially reducing the City's "demo power "; and Whereas The New York State Senate has recognized this situation and has passed Bills calling for the exemption of City of Buffalo contractors from asbestos notification fees including Bill $698 -2013 sponsored by Senator Mark Grisanti of the 60 District and its previous versions; and Whereas NYS Senate Bill S698 -2013 has a same -as version in the NYS Assembly, Bill A8004 -2013 and previous versions Sponsored by Assemblywoman Crystal Peoples- Stokes of the 141 sc District; and Whereas Senate Bill $698 and previous version have passed the NYS Senate but its same -as versions were unable to pass in the NYS Assembly. Now, Therefore, Be It Resolved: The Common Council hereby urges the New York State Senate and the New York State Assembly to pass Bills exempting contractors doing business with the City of Buffalo from payment of asbestos notification fees for demolitions in order to strengthen the City's ability to execute demolitions without placing an additional burden on the city taxpayers. Be It Further Resolved: A copy of this resolution be forwarded to Governor Andrew Cuomo, New York State Senator Dean G. Skelos, Temporary President and Senate Majority Leader, and New York State Assemblyman Sheldon Silver, Speaker of the Assembly. ADOPTED NO. 106 BY: MR. FRANCZYK, MR. FONTANA, MR. SCANLON TRAILBLAZING SIGN REQUEST FOR MARGARET "PEG" OVERDORF Whereas Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas As Executive Director of the Valley Community Association, Margaret "Peg" Overdorf has dedicated more than three decades enhancing the quality of life for residents living in the Valley and Old First Ward neighborhoods in the Buffalo River Community; and Whereas Under Peg's leadership, the Valley Community Center has grown from a small storefrunt to three separate buildings housing two -day care centers, a senior citizen center and a community center which also operates a highly acclaimed after - school program; and Whereas Peg Overdorf has devoted countless hours of her time and energy to promoting the community. She is the founder of the renowned "Old Neighborhood" St. Patrick's Day Parade and is responsible for developing the Buffalo Riverfest, a region -wide event that focuses on the restoration and beautification of the Buffalo River area; and Whereas Buffalo Riverfest Park is a 2.5 acre park located on Ohio Street, along the Buffalo River in the Old First Ward neighborhood. Opened in 2011, the park provides waterfront access to area residents, features an outdoor pavilion, picnic areas, gardens boat docks and walking paths, on what had previously been an underutilized parking lot; and Whereas This beautiful addition to the waterfront and the Old First Ward community would not have been possible without the hard work, vision and commitment of Peg Overdorf, who spent countless hours of her time and energy on the development of Buffalo Riverfest Park; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker on Ohio Street, at the entrance to Buffalo Riverfest Park, dedicating the area as Margaret "Peg" Overdorf Way; and Be it Further Resolved: That the Department of Public Works is directed to erect the sign to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED AYES -9 NOES -0 NO. 107 SPONSORS: COANCILMEMBERS MICHAEL J. LOCURTO, CHRISTOPHER P. SCANLON EXPLORING PARTICIPATORY BUDGETING IN THE CITY OF BUFFALO Whereas, In a time of widespread budget crises and plummeting trust in government, politicians and community members are searching for more democratic and accountable way to manage public money; and, Whereas, Participatory Budgeting ( "PB ") is a democratic process in which community members directly decide how to spend part of a public budget; and PB is a multi -stage process that begins with gathering ideas from citizens, which can range from improving transportation, parks, schools and public safety to cleaning up the environment; and, Whereas, San Francisco is joining the over 3,000 cities throughout the world that use PB to determine a portion of their budgets; and, in 2009, Chicago became the first U.S city to try it, with New York City following their lead in early 2012; and, Whereas, New York City is expanding its PB process, with residents in nine districts voting next year to fund $10 million worth of Capital projects that directly improve their quality -of -life while fostering an increased understanding of complex political issues and community needs; and, Whereas, New York City Council Member Melissa Mark - Viverito presented her PB experiences to the Common Council in October 2012; and Whereas, Some Councilmembers have expressed interest in implementing PB in their districts; and, at the same time, the U.S. Department of Housing mad Urban Development is scheduled to announce that CDBG funds are appropriate for use in Participatory Budgeting; and Whereas, PB can make for better and more equitable decisions and uses of public money; and PB can develop an active, informed, and democratic citizenry by engaging and connecting community members with officials, staff and policy makers to determine the most effective uses of public funds; and, Whereas, PB can engender better trust and understanding of their local governments among its residents by helping to make government more accountable and efficient by allowing community members to decide spending priorities in public assemblies in a transparent fashion with fewer opportunities for corruption, waste and public backlash; and, Now, Therefore, Be it Resolved, That the Common Council wishes to explore opportunities to introduce Participatory Budget both through the Council's discretion and the city's budgeting process; and Be it Further Resolved, that copies of this resolution be sent to the appropriate committee and to the Commissioner of Public Works, the Commissioner of Administration nard Finance, and the Director of the Office of Strategic Planning to begin the discussions necessary to facilitate Participatory Budgeting in the REFERRED TO THE COMMITTEE ON FINANCE NO. 108 BY: MR. PRIDGEN CREATION OF A SPECIAL ZONING DISTRICT - "THE JEFFERSON AVENUE SPECIAL ZONING DISTRICT" - JEFFERSON AVENUE, BETWEEN CLINTON STREET AND GENESEE STRET Whereas From time to time the unique characteristics of a particular area or areas of the City of Buffalo necessitate their designation as a special zoning district; and Whereas The Common Council has created these districts to preserve and stabilize particular areas of the city and to maintain and improve the unique characteristics of residential and commercial neighborhoods; and Whereas The creation of special zoning districts in the city has helped to ensure the continued viability of sound residential, commercial and cultural areas of the city, and the creation of a special zoning district for Jefferson Avenue, between Clinton Street and Genesee Street, would likely have a similar positive effect; and Whereas The Common Council believes this area will benefit from site plan and review legislation; and Whereas The Common Council also believes that this area will benefit from additional legislation to restrict certain uses and guide future development; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo directs the City Planning Board and its staff to work with the Corporation Counsel's office to draft zoning legislation which would aid in the preservation and improvement of this area; and Now, Be It Further Resolved: When drafting the ordinance creating a Jefferson Avenue Special Zoning District, that no use shall be permitted in the Jefferson Avenue Special Zoning District which is a use for dance halls, nightclubs, drinking establishments and private clubs, except if a restricted use permit is issued for such use pursuant to section 511 -55 of the City of Buffalo Code; and Now, Be It Finally Resolved: That copies of this resolution be sent to the Corporation Counsel, City Planning Board, Economic Development, Permit and Inspection Services and the Office of Strategic Planning for their review and comments REFERRED TO THE COMMITTEE ON LEGISLATION NO. 109 BY DARIUS G. PRIDGEN, EILICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG BANNERS FOR SANTACON Whereas The third year Santacon event sponsored by K. C. Youthere will be held Saturday, December 14, 2013 from 1:30 - 7pm. Registration is at 67 W. Chippewa. Donations of unwrapped Christmas toys will be accepted for distribution to the Boys and Girls Club of Norhtown along Chippewa Avenue between Franklin and Delaware Avenues; and Whereas The K.C. Youthere organization requests permission to hang a banner at the comer of Chippewa and Franklin Streets, (240 Chippewa Street- SoHo), from November 30, 2013 to December 15, 2013; and Whereas The K. C. Youthere organization will comply with the City of Buffalo regulations; and Whereas The Santacon toy donation event will be held regardless of weather. Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to K.C, Youthere to hang a street banner at the comer of Chippewa and Franklin Streets from November 30- December 15, 2013, given compliance with the City and Public Works requirements. The banners must be removed no later than December 15, 2013. PASSED AYES -9 NOES -0 NO. 110 BY COUNCIL MEMBER PRIDGEN DR. MARTIN LUTHER KING, JR. EXPRESSWAY Whereas The Kensington Expressway was renamed Reverend Dr. Martin Luther King, Jr. Expressway in 2002 by Gov. George E. Pataki and signage indicating the name change was subsequently installed; and Whereas The expressway is a main thoroughfare within the City of Buffalo and recently underwent a $5.8 million improvement project. Constituents have requested that signage of the name of the expressway be replaced with something larger in stature and more in keeping with the significance of the name change and the memory of Dr. King; and Whereas The New York State Department of Transportation maintains Reverend Dr. Martin Luther King, Jr. Expressway. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the New York State Department of Transportation in conjunction with Department of Public Works replace the current signage with a more noticeable and appropriately sized sign by the Dr. King holiday on Monday, January 19, 2015. Be It Further Resolved: That a copy of this resolution be forwarded to Department of Public Works, New York State Department of Transportation, New York State Thruway Authority, Assembly member Crystal Peoples- Stokes and Senator Timothy Kennedy. PASSED AYES -9 NOES -0 NO. 111 DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER STUDENT AND GOVERNMENT DAY PROGRAM INITIATIVE NOVEMBER 13, 2013 WHEREAS, Student and Government Day program initiative gives students a close up view of local government, helps to develop understanding of the government process, promotes participation in community affairs and emphasize that students can effect change at the local level by pairing them with Council Members and local government department leaders and staff to learn about all duties involving the legislative process; and WHEREAS, the City of Torrance, California students in government day program has been in existence for seven years, which involves students from middle school in a one day interaction with City Government. The City of Canon, Colorado, Student Involvement in Government program was successful for thirty -two years. Both City programs have proved to be among the best practices for involving youth in local government, according to Municipal Research and Services Center of Washington, D.C.; and WHEREAS, the Student and Government program would involve participation of eighth and seventh grade social studies classroom students, educators and parents of Buffalo Public Schools. Public School 95, Waterfront Elementary School seventh grade class is selected as a pilot population for this initiative by participating in a Mock Council meeting. The core curriculum in seventh grade is strongly aligned with the United States Constitution and early American History. The goal of the program is to promote civic literacy and local civic involvement among students by increasing their knowledge of the Buffalo Common Council local legislative process; and WHEREAS, the benefits of the Student and Government program initiative helps in developing skills that teaches students to place historical events in their proper context, civic skills to learn responsibilities of local and national citizenship, critical thinking skills in comprehension and decision making, communication skills to engage effectively in a range of collaborative discussions with diverse systems and adaptive speech that allows for a variety of contexts and tasks demonstrating command of formal English; and WHEREAS, students' participation in the Buffalo Common Council Student and Government program initiative will offer real world experiences and provide a way for teachers to incorporate New York State American History and Government, Civics standards, Common Core Comprehension and Collaboration Standards. Students who participate in the program will develop many skills that will assist them to become active and informed citizens. NOW, THEREFORE BE IT RESOLVED, That the Buffalo Common Council supports partnering with the Buffalo Public School district and Public School 95, Waterfront Elementary School and deems the fourth Thursday of the month of May as Students and Government Day. NOW, THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to Buffalo Public School Board Members and Superintendent and leaders, City of Buffalo Departments, and Principal Public School 95, Waterfront Elementary/ /School and Director of Youth. ADOPTED NO. 112 BY: MS. RUSSELL BUDGET BAND PERSONNEL AMENDMENT 21- FIRE DEPARTMENT 1135 FIRE ALARM & TELEGRAPH The Common Council of the City Oft3uffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 -1135 -Alarm &Telegraph which currently reads: 3 Fire Alarm Dispatcher $75,890 1 Senior Emergency Services Fire Dispatcher $32,618- 54,364 Is hereby amended to read: 2 Fire Alarm Dispatcher $75,890 2 Senior Emergency Services Fire Dispatcher $32,618- 54,364 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GARNELL W. WHITFIELD, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO. 113 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. Kristen M. Benes Christopher Couglin John Flowers Ruth A. Hallock Beth Hammond Kathleen M. Herrmann Jessica Horvatits Danielle King Caitlin Kingston Tracee Kowalski Deanna Lates Rebecca L. Mazurek Isabella Mendola John Rodriguez Ebony Rose Ann Rouleau Ellen SetUecowski Stephanie N. Shepherd Justin Steinwandel Jillian B. Tomer Mary Ellen Vogel Kathryn Witherell Karen Yetzer Total: 23 ADOPTED NO. 114 BY: DEMONEA 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. Rudolphus Boans Jr. Duane T. Fleming TOTAL:2 ADOPTED UNFINISHED BUSINESS NO. 116 B. BURRI, AGENT, REZONE 422,424 AND 426 DINGENS ST FROM A R -2 RESIDENTIAL TO C -2 COMMUNITY BUSINESS DISTRICT (HRG 10 /29)(LOV)(CCP #44, 10/16) On a motion by Mr. smith seconded by Mr. Pridgen the above item is taken off the table. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 116 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 3, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, December 3, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, December 3, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 3, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 117 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:57 PM GERALD A. CHWALINSKI CITY CLERK