Loading...
HomeMy WebLinkAbout13-1223NO. 24 PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 23, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE December 23, 2013 FINAL MAYOR 1. Reappointment of Department Heads LEG MAYOR - EXECUTIVE 2. Pres Bd- Response to Tim Horton's Challenging Decision Re Sign LEG 3. Plan Bd -SEQR Negative Declaration -337 Ellicott(Ell) R &F 4. Plan Bd -SEQR Negative Declaration -173 Elm St (Ell) R &F 5. Plan Bd -SEQR Negative Declaration -1490 Jefferson R &F 6. Plan Bd -SEQR Negative Declaration -605 Niagara St R &F 7. Plan Bd -SEQR Negative Declaration -1250 Niagara St R &F 8. Plan Bd -SEQR Negative Declaration -840 Seneca St R &F 9. Plan Bd -SEQR Negative Declaration- Deaconess Hts on Kingsley -563 Riley St R &F 10. Plan Bd -SEQR Negative Declaration Ganson Entertainment LEG 11. Plan Bd -SEQR Evergreen Lofts R &F 12. Plan Bd- Resolution Evergreen Health Services /Evergreen Foundation R &F 13. Plan Bd- Resolution University PI & LaSalle R &F 14. Strat Plan- Permission to Grant Extension - Legacy Building Co Parcel 71 APP 15. Strat Plan- Report of Sale 269 & 271 Hampshire -264 Massachusetts, 359 369,371 & 384 Normal, 12,16 & 20 Sherwood(Nia) APP 16. Strat Plan- Report of Sale 130, 132 & 134 Hawley(North) CD COMPTROLLER 17- 16A Certificate of Necessity- Increased Approp -EDPI R &F 18- 16B Certificate of Necessity- Transfer of Funds Capital Proj R &F COUNCIL PRESIDENT 19- 17. Buffalo Police Cellblock -Key Problems Concerning Positions at Central Booking CS PUBLIC WORKS 20- 18. Notification Serials- 10692(Waive 45 Days) R &F 21- 19. Change in Contract - Lafayette Ice Rink Improvements(Del) APP 22- 20. Change in Contract - City -Wide Bond Specific Island Curb Replacement & Durham St Reconstruction APP 23- 21. Disposal of Equipment(St Lt Standards) APP 24- 22. Encroachment Into City ROW -929 Tonawanda(North) APP 25- 23. Permission to Enter into Agmt - Install Solar Powered Photovoltaic at Broadway Market(Fill) APP 26- 24. Report of Bids - Gloria Parks Roof Reconstruction APP 27- 25. Report of Bids - Polonia Hall Community Ctr Rehab Project APP 28- 25A Report of Bids -Meals on Wheels Equipment Project APP 29- 26. Request Perm to Accept Funds for NYSDEC Grant APP 30- 27. Appoint Equipment Operator(Prov)(Max)(Campeau) CS 31- 28. Appoint Truck Driver(Temp)(Inter)(Simmons) CS POLICE 32- 28A. Agreement for Purchase, Installation & Maintenance of License Plate Readers LEG 33- 29. Permission to Enter into Contract With Personal Computers Inc APP FIRE 34- 30. Permission to Turn Over Eng 24 & 18 to Real Estate APP CORPORATION COUNSEL 35- 31. Contract With LaSalle Ambulance for EMS While COB Undertakes RFP Process APP 36- 31A Zoning Variance 1738 Elmwood(North) LEG ADMINISTRATION AND FINANCE 37- 32. Request Approval to Auction /Scrap Vehicles(F -252, PW -03 -E) APP CITY CLERK 38- 33. Board Of Ethics Meeting Minutes - October 2013 R &F 39- 34. Leaves of Absence R &F 40- 35. Notices of Appointments - Council Interns ADOPT 41- 36. Notices of Appointment - Seasonal R &F 42- 37. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 43- 38. D. Blamowski, PE- Request Review of Tim Horton's Proposed Signage LEG 44- 39. Buffalo Water Board - Contract Year 4 FIN 45- 39A Jesssie Ketchum Memorial Fund Annual Report COUNCIL STAFF 46- 39B B. Nevergold -Req Increase in Stipend that Bd of Ed Members Receive CC,CP,MAYOR,COMPT 47- 40. NYSDEC Fact Sheet - Brownfield Cleanup- 1050 -1088 Niagara St(Nia) R &F PETITIONS 48- 41. P. Scholl, Agent, Use 2190 South Park to Add a Take Out Restaurant to a Custard Stand (South)(hrg 12/31) LEG,CPBD 49- 42. N. Albomski, Owner, Use 502 Elmwood to Re- Establish a Restaurant in the Elmwood Ave Business District(Nia)(hrg 12/31) LEG,CPBD 50- 43. S. Mucino, Owner, Use 765 Elmwood to Open an Existing Restaurant in the Elmwood Ave Special Zoning District(Del)(hrg 12/31) LEG,CPBD 51- 44. D. Pridgen -Block Club Requests Sidewalk Replacement on Mortimer St Btwn Broadway & Hollister PW 52- 45. S. Shafie, Agent, Use 1094 Broadway aka 1100 Broadway to Replace Existing on Pole Sign and Add LED Sign(Fill)(no hrg) LEG,CPBD 53- 45A F. Lazarus, Agent, Use 1738 Elmwood for A billboard Sign W /LED (no hrg)(North) LEG,CPBD RESOLUTIONS 72- 45B Fontana, etc City Hall Securtiy ADOPT RE'S REM TO FIN 73- 46. Russell Budget & Personnel Amendment Councilmember 13 APP 74- 47. Scanlon Waive Event Fees for Star Swimming Program APP 75- 47A Scanlon Increased Appropriation- EDP I APP 76- 47AB Scanlon Transfer of Funds - Capital Projects APP 77- 47B Smith, etc Elimination of Blackout Rules RES'S REM TO CD 3. Com 40 78- 48. Smith Comm of Deeds - Public Duties ADOPT 79- 49. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 30 Dec 10 Appoint Park Utility Worker(Prov)(Fenney)(PW) APP 55- 2. Com 32 Dec 10 Appoint Administrative Assistant (Perm)(Max)(Kirker)(Pkg) APP 56- 3. Com 40 Dec 10 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 57- 4. No 66 Dec 10 Mobile Food Truck -2614 Main(Mas)(EDPI)( #19,11/12) APP 58- 5. Com 16 Nov 26 Amendment to 2013 -14 Annual Action Plan and PT Annual Action Plans - CDBG and ESG Programs and Amendments to City /BURA Agreements Related to Admin of Those Grants(Strat Plan) R &F LEGISLATION 59- 6. No 54 Dec 10 J. Abulmajid, Owner, Use 900 Kensington for Eating and Drinking Establishments In the Kensington /Bailey Bus District(hrg 12 /17)(Univ) APP 60- 7. No 55 Dec 10 M. Chelley, Owner, Use 1238 Hertel to Re -Open Existing Restaurant in the Hertel Ave Special Zoning District(hrg 12/17)(Del) APP 61- 8. No 56 Dec 10 C. McCaffrey, Agent, Use 301 Franklin for a Projecting Sign Over City ROW (EII)(hrg 12/17) APP 62- 9. No 57 Dec 10 J. Smith - Owner, Use 739 Elmwood to Re- Establish an Existing Restaurant in the Elmwood Ave Business District(Del)(hrg 12/17) APP 63- 10. Com 4 Dec 10 Report of Sale -3074 Bailey(Mas)(Strat Plan) RECOMMIT 64- 11. Com 34Dec 10 Application for Restricted Use Permit -75 W. Chippewa (12 /20 /2013)(CtyCIk) APP 65- 12. No 73 Dec 10 Food Store License(New) -2756 Bailey(Mas) (EDPI)( #22,10/29)( #49,11/12) RECOMMIT 66- 13. No 74 Dec 10 Food Store License(New) -2906 Bailey (Mas)(EDPI)(31,9 /17)( #55,11/12) APP W /COND 67- 14. No 75 Dec 10 Food Store License(New) -912 E. Delavan(Mas)(EDPI)( #54,6/11)_APP W /COND 68- 15. No 34 Nov 12 J. Schenne, PE, Agent, Use 359 Ganson for a 2 Story Steel and Concrete Skating Rinks, Exhib Halls & Offices in the Special Review District(Hrg 11 /19)(South) RECOMMIT 69- 16. Res 104 May 15 Absentee Building Owners -500 Block of Main St(exc res)(Pridgen) R &F 70- 17. No 57 Feb 21 D. Pridgen - Council Meetings Live on Government Access Channel R &F 71- 18. No 58 May 28 Food Store(New) 1096 Kensington(Masten)(EDPI) ( #23,3/6)( #103,4/16)( #82,5/14) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO MONDAY, DECEMBER 23, 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 December 10, 2013 were approved FROM THE MAYOR NO. 1 REAPPOINTMENT OF DEPARTMENT HEADS PURSUANT TO §54 OF THE CITY CHARTER §5 -4 of the City Charter states in relevant part: "All mayoral appointments of department heads.., which appointments are subject to confirmation by the common council, shall terminate unless otherwise specified by general, special or local law herein, at the termination of the elected term of the mayor; and shall require reconfirmation by the common council. " In accordance with this provision and applicable local law, I hereby reappoint the following individuals as department heads effective January 1, 2014 (the start of the next Mayoral term): • Timothy A. Ball, Corporation Counsel; • James Comerford, Commissioner of Permit & Inspection Services; • Daniel Derenda, Commissioner of Police; • Donna J. Estrich, Commissioner of Administration, Finance, Policy, and Urban Affairs; • Kevin Helfer, Commissioner of Parking; • Steven J. Stepniak, Commissioner of Public Works, Parks, and Streets; • Garnell W. Whitfield, Jr., Commissioner of Fire. Each has served the City faithfully and is duly qualified for reappointment. I respectfully urge Your Honorable Body reconfirm these appointments at your earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 2 RESPONSE TO TIME HORTON'S CHALLENGING DECISION RE SIGN Honorable Council members: It has come to our attention that those representing the new Tim Horton's at 537 Delaware Avenue are challenging the conditions agreed to pertaining to the new lawn sign at 537 Delaware Avenue. The owner proposed a sign 6-0" in height and 5' -7" in width. The Board approved a new lawn sign the same height but no wider than 3' -6" including the width of the logo. The Board felt this was a very fair compromise as it allows almost 20 square feet of signage on the front lawn of a Delaware Avenue property in the midst of the Allentown Preservation District. The Board did approve the iconic Tim Horton's building design and front wall signage. The building can be seen hundreds of feet away and no one will ever mistake this building for anything other than a Tim Horton's. Visibility is not an issue. We have worked quite successfully with other owners on Delaware Avenue to reduce the size of their signage (most recently at the Holiday Inn) while still maintaining visibility and in no way impeding business. Small compromises like these help prevent the Allentown District from becoming like Sheridan Drive or Transit Road and maintain the dignity of this fine Buffalo Avenue. We would hope that the Common Council recognizes the Board's cooperation and compromise with the owner and uphold our decision. Sincerely, Paul McDonnell AIA Chair, Buffalo Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD NO. 3 SEQR NEGATIVE DECLARATION -337 ELLICOTT(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 par the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Big Ditch Brewing Company Location: 337 Ellicott Street Type of Action: uncoordinated - unlisted Description: Iskalo Development Company is proposing the renovation of the existing building located at 337 Ellicott Street Buffalo New York. The renovation will be developed for use by the Big Ditch Brewery which will be a full production brewery verses a brew pub. Their products will be sold commercially throughout the region. The renovation project would involve conversion of the former maintenance /wash bay area to a brewery production area With the storage, bottling and distribution functions occurring in a portion of the open bay area- The balance of the ground floor Of the Huron Street section of the building would be converted to support space for the brewery and a tasting room that would be used by the brewery to roll out new product and otherwise build the Big Ditch Brewery brand, in total, Big Ditch Brewery would occupy more than 14,000 square foot in the building. The 337 Ellicott Street building perimeter rest on the property line of the property. There are no site related improvements proposed other than a relocation of the existing bus shelter approximately 12' to 15' to the south from its current location. Bike racks are also being provided in consultation with the City of Buffalo Public Works Department. The proposed improvements to the building will include the installation of an overhead door on Blossom Alley, installation of new expanded electric service to the building, installation of new fire sprinkler system (Big Ditch renovated space only), installation of new HVAC systems, new lighting, refurbish former office space areas to brewery use, new restrooms, offices and support areas. There will be a complete facelift of the northern section of the building including new storefront windows and the replacement of the existing windows, installation of s new Huron Street entrance, installation of folding overhead glass doors on each side of the northwest corner of the building and the installation of all production brewery equipment, including coolers, and building mounted signage for Big Ditch Brewery. 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 addition of Big Ditch Brewery will help with the revival of this section of Downtown Buffalo and act as a catalyst for future growth, 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 -173 ELM ST(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 (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 provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 173 Elm Street, Building Renovation Location: 173 Elm Street Type of Action: uncoordinated - unlisted Description: Ellicott Development is proposing the renovation of the existing building located at 173 Elm Street, Buffalo New York. The property is a vacant four -story 13,800 square foot building, which sits on the east side of Elm Street between William Street and Broadway Avenue. The building sits adjacent to two vacant lots at 492 and 474 Michigan Avenue. The project will include the renovation of the interior of the building into commercial office space on the first and a portion of the second floor. Five market rate apartments will occupy a portion of the second floor, and the entire third and fourth floors- The owner has been in consultation with SHPO to restore the building's exterior, including masonry repairs and reopening of the storefront facade at the Elm Street entrance. New windows are proposed for the south side of the building on the third and fourth floors. A new exterior stairwell will be installed on the exterior of the rear elevation of the building. The stairwell will be constructed of split faced block material and will match the existing brick. The existing parking lot will be restriped (rear) and will have a total of 27 spaces including two handicap accessible spaces- A new concrete walkway connecting the building to this lot will include landscaping on either side. 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. Bringing this building back to life will add to the vibrancy of this neighborhood attracting new residents to the downtown community. 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, end Buffalo New York.14202 - 716 851 -5085 RECEIVED AND FILED NO. 5 SEQR NEGATIVE DECLARATION -1490 JEFFERSON 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 Bellamy Commons Location: 1490 Jefferson Avenue Type of Action: coordinated - unlisted Description: Creative Structures Services on behalf of Herbert Bellamy the renovation and new construction of the building located at1490 Jefferson Avenue Buffalo New York. The scope of the work will consist of a thirty unit apartment building with a commercial /retail space on the first floor. The East elevation will be re- skinned using a combination of materials including brick, aluminum panels and stone veneer. The remaining elevations will be repainted brick which will be repaired as necessary. The windows and storefronts on the east elevation will be anodized aluminum frames with insulated glazing. The total cost of the project will be 7,500,000 dollars, A. community meeting was held in early November with the surrounding residents and the councilmember as well as the State Senator with the project receiving complete support. The project is anticipated to begin in the fall of 2014 with a fall 2015 completion date. 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 to support the continued revitalization of the Hamlin Park and surrounding neighborhoods. 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 10x61:1KJAIN 1011119111:1W NO. 6 SEQR NEGATIVE DECLARATION -605 NIAGARA ST 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 The School of Art & Sciences and Education (D'Youville College) Location 605 Niagara Street Type of Action coordinated - unlisted Description: Stieglitz Snyder Architecture is proposing on behalf of D'Youville College the renovation of the existing building located at 605 Niagara Street Buffalo New York. The above referenced project is a proposed 82,000 SF academic building bounded by Niagara, Jersey and Prospect Streets on the west, south and east respectively. The north is contiguous with commercial and residential property. A Phase one environmental review was completed at the time of D'Youville College's purchase of the property. On October 31, 2013 the City of Buffalo Preservation Board reviewed and approved the above referenced project (demolition approval with courtesy design recommendations). This project was also reviewed by the City of Buffalo Zoning Board. A formal meeting with local residents was conducted at D'Youville College o October 10, 2013 utilizing the Planning Board Public Hearing mailing list. The project will be financed through D'Youville Colleges capital monies, donations and foundation grants. The proposed academic building will reuse approximately 26,000 SF of an existing 72,000 SF former residential orphanage for academic offices and will construct an approximately 56,000 SF, four story addition for classrooms and science labs. The original west (Niagara Street) facade from the first orphanage building on this site is being saved and incorporated into the new academic building. Landscaping will save some of the existing trees to the extent possible on the Niagara Street side and new plantings will be added west and east of the main entry lobby. A new entry stair from Niagara Street featuring an outdoor gathering space is also included. Material samples will be presented at the Planning Board meeting. The project is expected to begin in mid - January 2014 and be completed in July 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 new building will allow D'Youville College to maintain a strong neighborhood presence as well as provide a new state of the art Arts and Science facility that will meet the needs of the collage for many years to come. 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 81 -5085 RECEIVED AND FILED NO. 7 SEQR NEGATIVE DECLARATION -1250 NIAGARA ST 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 Resurgence Brewery Company Location: 1250 Niagara Street Type of Action: coordinated - unliste Description: Schneider Design Architects PC is proposing on behalf of Resurgence Brewery Company the renovation of the existing building located at 1250 Niagara Street Buffalo New York. The project is a tenant build out and inside an existing industrial complex, The proprietor is creating a small craft brewery with assembly space of a new Bar Area; seating and an outdoor Beer Garden. The brewing operation is expected to begin this spring. The plan includes utilizing 3000 SF for the brewing operation, 1500SF for storage and 20O0SF for a tap room where visitors can taste their products on site. Along with a tap room, 3000 SF of recessed exterior space will be used to offer a beer garden with picnic tables and trees for use during the summer months. The existing recessed exterior space is currently non - developed and is vacant. The space will be developed with a new gravel base, drainage, tree - shrub decorative grass planting, lighting, decorative fencing, and bocce ball courts. There will also be a new exterior deck that will connect the building inside with the beer garden. A new entry canopy is planned with new openings in the exterior wall of the existing masonry wall. The budget for this project is approximately 290.000 dollars to be contributed by the tenant as wall as major upgrades by the building owner for the tenant fit out. The beer garden is expected to be constructed in the spring of 2014 and opening late spring early summer 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 an 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. This project will bring a new brewery to an area that has a past history of brewing as well as help to revitalize an area that is currently beginning to grow out of years of neglect. 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 -840 SENECA ST 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 Flying Bison Brewing Company Location: 840 Seneca Street Type of Action: uncoordinated - unlisted Description: Scheid Architectural PLLC is proposing on behalf of Flying Bison Brewery the renovation of the existing building located at 840 Seneca Street Buffalo New York. The Flying Bison Brewing Company will be moving their brewing operations from their existing address in the Riverside neighborhood of the City of Buffalo to the existing 12,500 s f building on Seneca Street in the Larkinville community. The existing building will include a larger brewing production space, storage, offices, restrooms and a tasting area. Two Biergartens will be directly connected to the building. Community areas with landscaping and seating will be located on the site at the corner of Lord Street end Seneca Street to help promote the Larkinville district feel. Bike racks will be provided near the front entrance. The renovation /construction could begin as early as January 2014, As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation end construction related activities, and do net appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the Larkinville Community as well as act as a destination for individuals touring 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 Grunzwei9, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 9 SEQR NEGATIVE DECLARATION- DEACONESS HTS ON KINGLSEY -663 RILEY ST 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 Deaconess Heights on Kingsley Location: 563 Riley Street, Buffalo, NY; SBL No. 100.51 -3 -19.11 Type of Action: Unlisted, but coordinated with NYS Division of Housing & Community Renewal (tax credits), NYS Housing Trust Fund Corp.(funding); City of Buffalo Urban Renewal Agency (BURA) (disbursement of federal HOME funds) confirming City of Buffalo Planning Board as Lead Agency Description: Community Action Organization of Erie County, Inc. is proposing the development of a 75 -unit, multi - family residential housing development on the former Deaconess Hospital site. The project is a mixed - income development, which includes the construction of 75 new residential units, separated into 23 buildings. One apartment complex will have 36 2- bedroom apartments, with the remainder of the units being located in one or two - family buildings. The structures have been designed to fit in with the existing community character, and materials for construction have been selected to conform with neighboring structures' external look and feel. Structures facing the street will include porches on the front of the homes, in keeping with the design of the neighborhood. Sidewalks will also be included to integrate the development into the existing community feel. The development will include an increase in green space, will be of a density less than that permitted under the zoning code, and will transform the site of a demolished former hospital into a thriving residential community, in keeping with the surrounding residential neighborhood. The development also includes sufficient parking for the residents, which will be internal to the site, and will not include the use of street parking. As a result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review of this action will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Full Environmental Assessment Form to assess potential adverse environmental impacts compared to 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). The identified potential impacts, including Short -term site preparation and construction related activities, are not significant. The development will transform a currently vacant and unused piece of property (the former Deaconess Hospital site) into a thriving residential area, in keeping with the community character. The development will not have a substantial adverse change in existing air quality. The development consists of a residential use, with minor air quality impacts as the result of heating and cooling systems. Any such impact is deemed not to be significant. This is not a commercial or industrial use, and thus does not require an air permit. There may be some minor impacts to air quality as the result of dust during construction, but such impacts are temporary and short -term in nature and will be mitigated to the maximum extent practicable through the contractors' use of best management practices for construction activities. The development will not have a substantial adverse change in existing ground or surface water quality or quantity, nor a substantial increase in potential for erosion, flooding, leaching, or drainage problems. The site has been almost completely impervious for several decades, due to the Deaconess Hospital and adjacent parking lot. The proposed development incorporates a substantial amount of green space, landscaping, and stormwater controls, which together will reduce stormwater run off and impacts and will prevent erosion. In addition, the site is incorporating advanced stormwater management features, including rain gardens and three bio- retention areas to minimize the impact on the sewer system and the waterways. With respect to minor, temporary construction impacts, construction storm water controls, including compliance with the NYSDEC's General Permit for Stormwater Discharges from Construction Activities and development and implementation of a stormwater pollution prevention plan, will mitigate any potential impacts to the maximum extent practicable. The development will be a residential use and not an industrial site. No industrial process water will be discharged and there will be no industrial stormwater discharges. The development will not have a substantial adverse change in existing traffic levels. As noted above, the density of the development is less that the surrounding residential neighborhood, and is less than what is currently permitted under the zoning code for maximum build -out. The surrounding streets and intersections have adequate capacity to support an additional 75 residential units in this area. For many years, the site consisted of a former hospital that operated 24 -hours a day, receiving deliveries, patients by emergency vehicles, and included employee, visitor, and patient traffic. The road infrastructure and existing street designs adequately handled this traffic. The development will be a significant reduction from these levels, with most traffic expected in the early morning or late afternoon, consistent with most residential uses. The development includes sufficient parking for 75 units, in compliance with the City of Buffalo Code, and the parking is located internal to the site, away from public view. The parking provided for the development will ensure that there will be no street parking, thus reducing and mitigating that potential impact to the maximum extent practicable. There was a metro bus stop at the site of the former hospital, but it was removed during demolition. The bus stop will be re- established and designed to be compatible with the design of the residential buildings. This will allow the use of alternate forms of transportation, and will help to reduce vehicle traffic. There may be minor, short -term impacts from construction truck traffic, but such impacts will be limited in duration and are deemed not to be significant. The development will not have a substantial adverse change in existing noise levels. The development is residential, not commercial or industrial. It will fit in with the existing noise levels of a residential community and will be far less than the 24 -hour hospital use that existed for decades. There may be some minor noise impacts from construction, but those impacts will be temporary and mitigated through contractors' best management practices. The development will not have a substantial increase in solid waste production. The development includes 75 new residential units. This will necessarily include the production of residential waste, consistent with residential use. These impacts are deemed not to be significant. Sufficient waste receptacles will be provided and waste removal will be contracted -for by the site owner. The development is located in an urban neighborhood near a highway. It will not result in the removal or destruction of large quantities of vegetation or fauna; nor will it result in a substantial interference with the movement of any resident or migratory fish or wildlife species. There will be no impacts on a significant habitat area. There will be no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species. There will be no other significant adverse impacts to natural resources. Over half of the redeveloper site will be green space which will be a positive environmental upgrade over the pre- existing condition when it was a hospital site and over the current vacant lot. This urban site is not within or adjacent to a Critical Environmental Area as designated pursuant to 6 NYCRR § 617.14(g) and thus will not impair the environmental characteristics of a Critical Environmental Area. The development will not create a conflict with the community's current plans or goals as officially approved or adopted. The City's Comprehensive Plan and current zoning designation designate this site for residential use as contemplated by the development. There is no request, nor is there a need for a zoning change. The development is consistent with the community character, and is less dense than the zoning code allows. The residential development will not impair the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. The site is not substantially contiguous to, and does not contain a building, site or district listed on the State or National Registers of Historic Places. The site is not located within an archeologically sensitive area. There are no important aesthetic resources in the area. Deaconess Heights supports the unique local community character. The Deaconess Hospital was inconsistent with the historical residential character of the neighborhood. In the fall of 2012, the Graduate Studio of the State University at Buffalo's School of Architecture prepared a comprehensive planning and design framework for the development of infill housing on the Deaconess Site entitled "Seamless Transitions - Context Sensitive Design for the Kingsley Neighborhood." To provide a thorough understanding of the Community as a basis for integrating infill housing into the current neighborhood fabric, the report documents the history of the Kingsley neighborhood within the context of the City of Buffalo. The Deaconess Heights on Kingsley development incorporates the majority of the Design Guidelines from the Report. The structures have been designed to fit in with the existing community character, and materials for construction have been selected to conform with existing structures' external look and feel. Structures facing the street will include porches on the front of the homes and sidewalks, in keeping with the design of the neighborhood. The development will include an increase in green space, will be of a density less than that permitted under the zoning code, and will transform the site of a demolished former hospital into a thriving residential community, in keeping with the residential neighborhood. In addition, the Gethsemane Manor, a HUD - financed senior housing facility, is located contiguous to the proposed development site at 220 Kingsley, which has similarities to the proposed development. The development of a 75 -unit residential campus within the City at the site of a former hospital will not create a major change in the quantity of electricity or natural gas to be used and will not affect the community's sources of fuel or energy supply. The development will include Energy Star appliances and furnaces, to increase energy efficiency. There will be an increase in energy usage consistent with the residential use, but any such impacts are deemed not to be significant. This residential development will not create a hazard to human health. In conjunction with the demolition of the former Deaconess Hospital, Kaleida completed the excavation and remediation of the site. Robert J. Szustakowski Environmental, Inc. ( "RJS ") completed a Phase I Site Assessment, dated November 26, 2013, and completed all appropriate inquiries of the development site in accordance with ASTM standards. The Phase I identified no known or suspected recognized environmental conditions ( "RECs "). With respect to historic RECs, two underground storage tanks were removed from the site in March 2013. An intrusive Phase 11 study was completed proximate to these tanks in 2011. RJS oversaw some parts of the tank removal and a tank closure report was prepared and submitted to NYSDEC by the tank removal contractor following the removal of the tanks. Subsequently, NYSDEC closed its spill file associated with the site. RJS came to the conclusion in the Phase I that environmental impacts at the development site do not appear to pose a significant risk, and RJS does not recommend further work (Phase 11). There will not he a substantial change in the use, or intensity of the use, of land including agricultural, open space, or recreational resources, or in the community's capacity to support existing uses. There are no agricultural areas nearby, as this is an urban area. The development includes open space, including a play area for residents. No designated open space area will be impacted by the development. The development includes recreational resources to support the residents, including a community center and a playground. Martin Luther King, Jr. Park is available for convenient access by the residents. The Park has sufficient capacity to support the additional 75 units in the area. The Police Department, Fire Department, and other municipal services have the capacity to support the additional 75 residential units. The development will not encourage or attract 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 development will not create a material demand for other actions that would result in any adverse environmental impacts. The development will not involve 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, The development will not include 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 is this subdivision. All impacts of the development, including construction and operation, have been evaluated. The development- sponsor also owns property across Kingsley Street from the development site. There are currently no plans to develop that area. There are no applications or requests for approval for any other development in the area. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Control Coordinator, Room 901 City Hall, and Buffalo, New York 14202 - 716851 -5085 RECEIVED AND FILED NO. 10 SEQR NEGATIVE DECLARATION GANSON ENTERTAINMENT State Environmental Quality Review Act Negative Declaration Notice of Determination of Non - Significance This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act or "SEQRA "). The City of Buffalo Planning Board, as lead agency, has determined that the proposed action described below will not have a significant adverse environmental impact and a Draft Environmental Impact Statement ( "DEIS ") will not be prepared. Name of Action: Ganson Entertainment Complex Applicant: Ganson Entertainment SEQR Status: Unlisted Conditioned Negative Declaration: No For Further Information Please Contact: City of Buffalo Planning Board 901 City of Hall Buffalo NY 14202 Phone: 716- 851 -5082 Fax: 716- 851 -5590 Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 11 SEQR EVERGREEN LOFTS STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE This notice is issued by the City of Buffalo Planning Board (hereinafter "Planning Board "), acting as lead agency, in a coordinated environmental impact review, pursuant to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEAR "). The Planning Board has determined that the proposal by Evergreen Foundation and Evergreen Health Services (collectively, the "Applicants "), to rehabilitate an existing 75,000 sq. ft. structure to create fifty (50) apartment units at the former Buffalo Trunk Manufacturing Company Building located at 125 Cherry Street (including tax parcels 111.32 -6 -6, 111.32 -6 -7.11, 111.32 -6.4.1 1 and 111.32 -6 -12) ( "Project Site" or "Site "), will not have will not have a significant adverse impact on the environment; that a negative declaration pursuant to SEQR should be issued; and that no Environmental Impact Statement need be prepared. Reasons supporting this determination are fully explained below. Project Name: Evergreen Lofts Lead Agency: The City of Buffalo Planning Board SEQR Status Type I Location: at 125 Cherry, 117 Cherry, 145 Cherry and 392 Genesee Streets; tax parcel ID #s: 111.32 -6 -6, 111.32 -6 -7.11, 111.32- 6.4.11 and 111.32 -6 -12 Landowner: Evergreen Foundation Zoning District: CM (General Commercial) Copy available for review in the City Clerk's office RECEIVED AND FILED NO. 12 RESOLUTION EVERGREEN HEALTH SERVICES /EVERGREEN FOUNDATION BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 3 r day of December 2013, a resolution was adopted of which the following is a true copy." Present: Frank A. Manuele Horace A. Gioia Cynthia A. Schwartz Vice Chairman Henry Burns Martha Lamparelli The following resolution was introduced: WHEREAS, on November 6, 2013, Evergreen Health Services and Evergreen Foundation (collectively "Applicants ") and as amended on November 19, 2013 and December 2, 2013, submitted a Letter of Intent and Amended Letters of Intent (collectively "LOI ") respectively, including exhibits attached thereto, to the City of Buffalo Planning Board ( "Planning Board ") pursuant to §511- 137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), in furtherance of the Applicants' request for Site Plan approval for the proposed Evergreen Lofts Apartment Project (hereinafter referred to as the "Evergreen Lofts" of "Project ") located 125 Cherry Street, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the Application materials supporting the request for Site Plan Approval for the Evergreen Lofts; and WHEREAS, a public heating was held on the matter on November 19, 2013 where the Applicants presented the design details for the Project and the public commented on the application; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code §511 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on December 3, 2013; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF ") attached as Exhibit "F" to the November 6, 2013 application package, to assist the Planning Board. in reviewing the potential impacts of this request; the Planning Board determined that the Evergreen Lofts Apartment Project will not have the potential for significant adverse environmental impacts and will not require the preparation of a Draft Environmental Impact Statement ( "DEIS "). Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511 -137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for a 50 -unit apartment redevelopment of the existing 5 -story, 75,000 sq. ft. structure located at 125 Cherry Street. The Project involves minor demolition and restoration of a historic building known as the Buffalo Trunk Manufacturing Building. 2. The Planning Board has made the following determinations with respect to the Applicants' request for Site Plan Approval for the Project: a. That the Project will comply with the New York State Uniform Fire Prevention and Building Code; b. The Project will not have may significant adverse environmental impacts; c. That the proposed design for the Project restores the historic character of the building and adds, as necessary, aesthetically appropriate updates. The overall site design will minimize its visual and aesthetic impacts upon nearby properties; d. The design of entrances and traffic circulation surrounding the Project minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; e. The Project will add approximately thirty (30) parking spaces to the Project Site. Adequate snow storage will be provided on -site. Because the Project will house individuals who do not typically own personal vehicles, there will be adequate parking on -site. f. The Project incorporates adequate ingress, egress and handicap accessibility for pedestrian access. g. The Project will incorporate stormwater retention measures to significantly reduce stormwater runoff from the site as compared to existing conditions and will be subject to Buffalo Sewer Authority approval before final connections are permitted; h. The Project incorporates additional landscaping and hardscapes that will be a significant improvement over existing conditions and satisfy the City requirements for the Project Site; i. The Project provides adequate fire lanes and emergency access; The Project is not anticipated to result in any ponding, flooding and /or erosion; and 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 3 rd day of December 2013. Upon roll call vote: 5 aye's 0 no's [City of Buffalo Planning Board Certification of Votes] RECEIVED AND FILED NO. 13 RESOLUTION UNIVERSITY PL & LASALLE RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR UNIVERSITY PLACE @ LASALLE Project Name: University Place & LaSalle Project Description: The Project Sponsor, Legacy LaSalle, LLC ( "Legacy "), proposes to develop a residential community in a series of newly constructed buildings which will provide a variety of unit sizes from 1 to 4 bedroom units targeted principally to college /university students and staff ( "Project ") on parcels bordered by LaSalle Avenue, Cordova Street and William Price Parkway ( "Site "). The Project is proposed with 6 buildings (4 initially and 2 as future phases) with a total of 385 units (1, 2, 3 and 4 bedroom units) with common facilities located on approximately 10 acres of primarily commercial or vacant industrial land. The residential space would include apartment buildings of attractive designs with amenities including a pool, exercise facilities, off - street and, on a limited basis, enclosed parking. In total, during Phase 1 (4 buildings), the Project would have 279,937 square feet of residential space divided between 250 units (1,2, 3, and 4 bedroom). The Project would also include a 5,600 square foot maintenance building and 3 small accessory buildings with twenty -four garage spaces and maintenance /storage areas. Parking would be shared among the residents, with approximately 376 off - street parking spaces including 24 garage spaces. In a future phase of the Project, an additional two buildings will be constructed totaling an additional 77,208 square feet with 89 additional 1,2 and 3 bedroom units. After construction of these additional buildings, parking on -Site would be reduced to 287 off - street and garage spaces. Location: 36 73 & 89 LaSalle Avenue, City of Buffalo, Erie County SEQR Status: Type 1 Determination of Significance: Negative Declaration WHEREAS, on November 15, 2013, Legacy submitted a letter of intent with supporting documentation ( "Letter of Intent ") to the City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval for the Project; WHEREAS, the Planning Board has broad authority over the Project with discretion to approve or disapprove the site plans or to impose appropriate conditions including any conditions necessary to mitigate any potentially adverse environmental impacts associated with the Project; WHEREAS, at its regular meeting on December 3, 2013, the Planning Board held a public hearing on the Project; WHEREAS, the Project is considered a Type 1 Action pursuant to Section 168- 4(B)(7)(c) of the City Charter and Code ( "Code ") and Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEAR "); WHEREAS, in May, 2013, Legacy filed part 1 of the Full Environmental Assessment Form ( "EAF ") with the Planning Board and requested that the Planning Board initiate the SEQR process by establishing itself as the lead agency; WHEREAS, the Planning Board declared its intent to be lead agency in June 2013, and circulated notices and the application it had received from Legacy (including the EAF) to all potentially interested and involved agencies including the Buffalo Common Council, the Buffalo Zoning Board of Appeals and the Erie County Industrial Development Agency; WHEREAS, no agency indicated an interest in contesting the Planning Board's intent to be lead agency and thus, the Planning Board has been established as the SEQR lead agency for the Project; WHEREAS, the Planning Board, undertaking a coordinated SEQR process, has circulated copies of the Letter of Intent with all Exhibits including a revised Full Environmental Assessment Form ( "EAF ") to all interested and involved agencies; WHEREAS, the Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project including the EAF, the Letter of Intent and all supporting exhibits thereto, relevant additional documentation, and having considered the comments and points of view of the public; WHEREAS, a thorough analysis of the potential environmental impacts reveals that, where necessary, all adverse impacts have been mitigated to the greatest extent possible by the design of the Project and that none of these impacts will be significant; and WHEREAS, it is appropriate that the Planning Board issue a negative declaration for the Project. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT: 1. The Site consists of largely vacant or underutilized commercial and industrial property. Construction will not take place in close proximity to the water table or bedrock or occur on steep slopes. Site runoff during construction will be addressed through SWPPP compliance. Overall, the redevelopment of the Site will have a positive effect on land use. Moreover, the proposed use is permitted as of right and is consistent and /or compatible with surrounding uses. Thus, the Project will not adversely impact land use. 2. There are no surface water bodies in or adjacent to the Site and the Site is not within in a Coastal Area. 3. Post - construction storm water run -off from the Project will be retained on -Site (underground detention) prior to discharge to the City's municipal server system. 4. There will be no significant air emissions from the Project and no air pollution permits will be required from local, state or federal authorities. 5. Due to the Site's urban nature, there is minimal vegetation and wildlife and no threatened, endangered, or other species of special concern, rare plant, animal or natural communities, or other significant habitats present at the Site. 6. The Project will have no impacts upon agricultural resources. 7. From an aesthetic standpoint, the Project will replace underutilized or vacant structures with new, aesthetically pleasing buildings. The Project also has an extensive landscaping plan and will result in significant improvements to the entrance to McCarthy Park.' Thus, the Project will not have a significant impact upon aesthetic resources. 8. The Project will have no impact upon cultural resources in or eligible for inclusion in the State or National Register of Historic Places and, thus, will not impact any potential archaeological resources. 9. The Project will remove some underutilized open space and recreational resources. However, the somewhat dilapidated tennis courts currently on the Site will be reconstructed within McCarthy Park and significant improvements will be made to the entrance to McCarthy Park at Cordova. Thus, overall, the Project will enhance recreational resources. 10. The Project will not generate significant volumes of refuse and there is more than sufficient land fill capacity in Western New York to accommodate the waste to be generated by the Project. 11. The Site has been used in the past for the disposal of fill materials (the Site was part of an active quarry during the first half of the 20th Century) and testing revealed low levels of contamination. Legacy has applied for and plans to remediate the Site under • the Brownfield Cleanup Program. 12. The Project will result in an increase in peak traffic in excess of 100 vehicle trips per hour. However, traffic counts on the existing roadway network suggest that the Project will not significantly impact the ability of the roadway network to handle peak hour traffic. In addition, the Project is being constructed in close proximity to a Metro Rail station to facilitate use of public transportation. Project residents are also expected to embrace walking, biking and other alternative means of transportation. Accordingly, the Project will not adversely impact vehicle or pedestrian traffic. 13. The Project will not result in a significant increase in the use of electricity or natural gas. 14. The existing noise environment for the Site and surrounding area is generally characterized by commercial, industrial and residential urban use. During construction activities, the Project may temporarily generate noise that exceeds background levels. However, any increase in noise levels will be associated with short -term construction activities which will take place during daylight working hours when noise sensitivity is lowest. 15. There will no significant odors associated with the Project. 16. The Project will not require any extensive changes in levels of service from community resources or facilities or adversely impact local public safety services, such as police and fire protection. 17. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQR is hereby issued. 18. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental Conservation Law). Supporting Documentation: 1. Letter of Intent from Phillips, Lytle LLP on behalf of Legacy dated May 28, 2013 requesting that the Planning Board assume the lead agency role including all exhibits attached thereto, 2. Letter of intent from Phillips Lytle LLP dated November 15, 2013 requesting Site Plan Approval and certain Area Variances including all exhibits attached thereto. 3. Part 2 of the Full EAF. This Resolution was adopted by a majority vote of the Planning Board on December 3, 2013 and shall serve as Part 3 of the Full EAF as well as the Negative Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Planning Board, acting as lead agency, in a coordinated environmental impact review pursuant to SEAR. Copies of this resolution shall be filed with the following: (1) The Mayor of the City of Buffalo; (2) The Planning Board; (3) The interested and involved agencies; and (4) Legacy. In addition a notice of this Negative Declaration shall be filed in the Environmental Notice Bulletin ( "ENB "). For Further Information Contact: The City of Buffalo Planning Board RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 14 PERMISSION TO GRANT EXTENSION TO DEVELOPER - LEGACY BUILDING COMPANY LLC D /B /A LEGACY DEVELOPMENT 1 PARCEL 71 NYL & W RR SBL 79.70 -2 -16.11 FOR A RESIDENTIAL COMMUNITY (THE "PROPERTY ") UNIVERSITY DISTRICT ITEM NO. 9, C.C.P. 12/26/2012 Pursuant to Item No. 9, C.C.P. December 26, 2012 Your Honorable Body approved the designation of Legacy Building Company LLC d /b /a Legacy Development ( "Developer "), 20 Ramsdell Avenue, Buffalo, New York 14216 and /or a corporation, partnership or other legal entity to be formed by Developer, as Developer of the above referenced property. The designation was for twelve (12) months from the date the Common Council approved the designation. The designation will expire on December 26, 2013. The City is currently negotiating with Legacy Development the terms and conditions of the Land Disposition Agreement. The Office of Strategic Planning, Division of Real Estate is requesting that the designation period for the Developer be extended for an additional twelve (12) months to December 26, 2014. All other terms and conditions in the designation shall remain the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 16, 2013, be received and filed; and That the Common Council hereby approves the extension of the designation period for Legacy Building Company d /b /a Legacy Development for an additional twelve (12) months. The extension period will expire December 26, 2014. PASSED AYES -9 NOES -0 NO. 15 REPORT OF SALE - 269 AND 271 HAMPSHIRE, 264 MASSACHUSETTS, 359, 369, 371 AND 384 NORMAL, 248 VERMONT AND 12, 16, AND 20 SHERWOOD (NIA)(STRAT PLAN) NIAGARA DISTRICT ITEM NO. 7, C.C.P. 12/11/2012 Pursuant to Item No. 7: C.C.P. 12/11/12 Your Honorable Body approved to designate, Buffalo Neighborhood Stabilization Company Inc. (BNSC) or an entity to be designated by BNSC as Developer of the above referenced properties. The fair market value of 11 above referenced properties was established at Fifty Thousand Two Hundred Dollars ($50,200). The designation was provided by the City to allow BNSC time to provide sufficient funds for the purchase and construction of said project. The 11 city owned properties are part of their project to revitalize 26 properties on the West Side in consultation with Housing Visions Consultants (HVC). BNSC proposes to construct and manage the Mass Ave Community Homes (MACH) approximately a 46 unit high quality affordable rental housing development on Buffalo's West Side. The project will include 7 substantially rehabilitated and 9 newly constructed buildings, which will consists of 13 one bedroom units: 12 two bedroom units; 30 three bedroom units and 1 four bedroom unit. Five units will be adapted for person(s) who have mobility impairment and 3 units will be adapted for person(s) who have hearing and /or vision impairment. The total project costs are estimated at $12.4 million. The financing for MACH will primarily utilize the following permanent funding sources: Low Income Housing Tax Credits ( LIHTC) and State HOME funds from NYS Homes and Community Renewal (HCR). BNSC intends to utilize private bank equity and LIHTC for project financing. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Co lections 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. BNSC 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 Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 16, 2013, be received and filed; and That the offer from the Buffalo Neighborhood Stabilization Company, Inc. (BNSC), or an entity to be designated by BNSC as Developer of the properties, in the amount of Fitly Thousand Two Hundred Dollars ($50,200.00) for the purchase of 269 and 271 Hampshire, 264 Massachusetts, 359, 369, 371 and 384 Normal, 248 Vermont and 12, 16, and 20 Sherwood 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. 16 REPORT OF SALE 130 HAWLEY, 261 - S LETCHWORTH LOT SIZE: 25'X 133' ASSESSED VALUATION: $3,000 132 HAWLEY, 236' S LETCHWOR[H LOT SIZE: 25'X 133' ASSESSED VALUATION: $3,800 134 HAWLEY, 211' S LETCHWORTH LOT SIZE: 25'X 133' ASSESSED VALUATION: $3,800 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from James Toolen LLC, 1131 Delaware Avenue, Buffalo, New York 14209 to purchase 130, 132, and 134 Hawley Street. James Toolen LLC intends to construct a residential rental property. Proof of financial ability for the purchase and construction have been provided and reviewed by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Five cents ($75) per square foot to One Dollar and Sixty cents ($1.60) per square foot. James Toolen LLC has agreed and is prepared to pay Twelve Thousand Dollars ($12,000), One Dollar and Twenty cents ($1.20) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 130, 132, and 134 Hawley in the amount of $12,000. 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITFEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 17 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 of the Charter, that an increase in the sum of $1,500,000 in the estimate for the fiscal year beginning July 1, 2013 is necessary in the Department of Permits & Inspections to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Restricted, appropriated for this purpose. The details of the requirements are set forth below: From: 10700096- 397200 Fund Balance- Restricted $1,500,000 To: 16550007 - 471010 Permits & Inspections- Land Improvements $1,500,000 RECEIVED AND FILED NO. 18 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 200,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Planning Capital Projects $200,000 To: 30300506 - 445100 Landfill Management $200,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 19 BUFFALO POLICE CELLBLOCK -KEY PROBLEMS CONCERNING POSITIONS AT CENTRAL BOOKING Buffalo Police Cellblock 121. West Eagle Street Buffalo, N.Y. 14202 November 22, 2013 Buffalo Common Counsel 1315 City Hall Buffalo, New York, 14202 Dear Sirs: We are writing on behalf of the employees who work as Cellblock Attendants, in order to bring a few key problems concerning the Cell Block Attendants position at Central Booking to your attention. We are confident from previous encounters that the buck stops with you, and that you strive to remain fiscally conscientious. So after much deliberation and discussion, we have decided to plead our misfortune to you as our success is directly entangled with your success. Currently, we are understaffed with 18 Cellblock Attendants, mad there is not enough manpower to completely staff the City Cellblock. To efficiently run the city cellblock, a minimum of 24 cellblock attendants are needed to be efficient. Cellblock attendants are individually being forced to work an average of 50hrs of overtime per week. This burden has taken its toll not only on the exhausted Cellblock Attendants, but their neglected families. Tensions are high as each Cellblock Attendant salary doesn't reflect their level of responsibility, and after working a 90 hour work week, cellblock attendants still struggle to pay their bills. Due to the shortage of qualified personnel, police officers are filling the staffing needs at 3 times the pay on overtime to cover the manpower issues. Previously the city's cellblock became civilianized to ensure that police were able to address their own manpower issues on the street. What seems to be perplexing to many is that in the same spirit, the overtime issues are being filled with police overtime. Police officers don't have the training on how to properly search a detainee. The liability and insurmountable risk that is created when the decision is made to pull BPD Police officers off the street, and away from gun calls to sit and watch movies at Central Booking isn't fiscally or conscientious responsible. Forcing a police officer to perform a job in which they were not trained for, while pulling them off the job that they have been trained to do is a waste of the government's resources. Police officers are trained to do a quick frisk and pat search for weapons based on Terry vs. Ohio. A Cellblock Attendant's search differs in that CBA searches are more detailed: CBA are looking for a needle in a haystack, or a dime sized crack rock in a first down winter coat, while police officers are checking for bulging weapons. Based on the police officers lack of knowledge of the cellblock attendant's duties and responsibility, police officers are paid to simply sit in the cell block. We believe that this is fiscally irresponsible and it continues to annihilate the morale in the cellblock. Due to the low wages, Cellblock Attendants live in the same areas targeted as high crime areas by the Buffalo Police Department. Police Officers are not required to live in the city of Buffalo as it poses significant risk to the officer, and their families while off duty. Cellblock Attendants work in a volatile environment, as central booking is where every combative, uncooperative detainee is confined for an unspecified amount of time, which has reached up to 72 hours. Cellblock Attendants are Peace Officers who are often targeted by detainee's who have associated their misfortune with the cellblock attendants' position and authority. While these are some of the dangers that come with the position, it is becoming clear that it is not worth the risk of a mere $10.78 per hour. On one occasion CBA Bennett, CBA Housler, & CBA Rossi were leaving 121 W. Eagle Street when they were confronted by a recently arraigned individual who reached under his seat, while driving, and made several threatening motions which implied that he was reaching for a weapon. On another occasion around Nov. 9 th 2013, a former detainee showed up at CBA S. Richardson second job with a weapon to kill him merely because he signed on charges against him. These are just a few of the factors that influence the high turnover rate. As success mimics success, we have Laidlaw as a model and blueprint to a set of ideas and fallacies. To continue the reckless way of thinking that the city can continue to allow the cellblock staff to reach a dangerously low staff level before the training of new individuals. To quote our union leadership, "It's okay because the City of Buffalo will always have someone else to hire ", this was foolish when Laidlaw found itself losing the majority of its skilled employees to the NFTA and it's exceedingly irresponsible for the city to repeat this course of action. Just like the Erie County Sheriffs and the NYS Correction Officers, Buffalo Police Cellblock Attendants work in an extremely hazardous environment. Often detainees exhibit behavior that places the Cellblock Attendants and their families' lives at risk. For example, on numerous occasions, detainees have spit on, hurled feces at, and ejaculated toward the cellblock attendants. In conjunction with the physical threats, cellblock attendants are subjected to many detainees with severe health risks such as MRSA, Aids & HIV, hepatitis C, tuberculosis, uncapped needles, blood contact, and women on their menstrual cycle, clothing saturated with urine and feces, the psychologically insane, and many emotionally unstable individuals, to name a few. Cellblock Attendants also do psychological screenings and classify detainees prior to putting them into a prison population. Cellblock Attendants require the aptitude to identify diverse prescription and non prescription medicine as we are often called upon to oversee the administration of each detainees medicine. The difference between the ECS Sheriffs, BPD Cellblock Attendants and NYS Corrections is that cellblock attendants aren't compensated for the risk or hazardous work environment. It has been explained on more than one occasion by an ineffective union that the City officials don't care about the high turnover rate, that we are inexpensive and replaceable. I would like to caution the Common Council that while you may be able to replace the bodies with inexperienced, unqualified, and unlearned cellblock attendants, you will be losing vital leadership, tactfully & technically proficient individuals who play an essential role within the law enforcement community. Can you imagine the time lost by police officers at the Central Booking awaiting an inexperienced employee to book their arrest? Instead of the 15 minute average that takes place now, police officers would spend less time on gun and drug calls because of being tied up at central booking. The chaos would be comparable to what would happen if the military lost its entire Noncommissioned officers and Commissioned officers, and was lead by privates. A great case in point happened November 19 2013 when there were only 4 cellblock attendant able to work the cellblock that day due to the other 12 taking the Buffalo firefighter's exam. The only option was to violate the cellblock attendant contract with the city by ordering the individuals back to work. As time has passed since the City of Buffalo has taken back control of housing their prisoners, the hiring of the Cellblock Attendants position has deteriorated. The last class that was hired on Oct. 21 was scheduled for 8 new employees which, deteriorated into three individuals who weren't required to take drug test. The Cellblock Attendants were told that it wouldn't be feasible to give the peace officers a drug test. This is a great safety concern in that CBA are peace officers who make arrest and often testify in court. The Buffalo Police department has a zero tolerance drug policy and now they're allowing officers to work in a peace officer capacity without going through the proper protocols. We firmly believe that to be effective the position needs more restrictions and a higher rate of pay so that the city will be in a position to attract the right candidates. As of today's date, the cellblock position is a position with no growth opportunity and which doesn't pay well. Past practice would allow for the cellblock attendants to take the exam promotional to police officer. Second, the announcement for the Senior Cellblock Attendant position has yet to be offered. The position is set up for a high turnover rate in which people will continue to receive the peace officer status and experience for a year and then seek other employment. This contributes to the fact that cellblock attendants are being forced to work on their days off, and neglect time with their families. We strongly recommend that if the Buffalo Common Council and the current administration are seriously considering adding the female detainees that they address the cellblock attendant position prior in order to ensure that there is enough manpower to staff both facilities. I respectfully request that the Cellblock Attendants are issued a badge to indicate a physical symbolic depiction of our position as Peace Officers and our integral role within the law enforcement community. Due to our lack of a professional appearance, our authority and status as Peace Officers is always being questioned. Our uniform and title implies that we're nothing more than janitors. On several occasions, while being summoned to testify in court, judges, assistant district attorneys, and the defense attorney, are among others have questioned our status and responsibility as Peace Officers. Captain Mark Antonio recently had to clarify a situation in the cell block and with local 264 as to whether or not Cellblock Attendants are permitted to sign their own accusatory, due to the assumption that CBA's are nothing more than security guards. A professional appearance also promotes a competent, technical & tactfully proficient workforce and sets the tone, and keeps in perspective that CBA's work for a Para - military organization in a secure facility. I respectfully request that CBA's be allowed to wear a sew -on badge on the Polo shirts and a tin badge on the court dress shirts. These simple changes would go along way and promote a positive change. Other civilian employees who have a professional appearance, badges, and similar success are as follows: school crossing guards, Parking Enforcement, Buffalo Police Reserve, Animal Control & school security guards- Even the Buffalo Explorers have a professional appearance. The cellblock attendants should also be sworn in as sworn peace officers as this is what is required for the position- The way in which the cellblock attendants' position was embarked upon is criminal at best! Cellblock Attendants are the only officers that transport prisoners and provide security in Buffalo City Court without duty weapons. We also have to constantly deal with combative detainees while the cell doors at central booking consistently malfunction. These are just a few of the issues that we feel contribute to the high turnover rate and waste of tax payers money. Thank you for your time and consideration. Respectfully submitted, REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 20 NOTIFICATION SERIAL # 10692 INSTALL NO PARKING ON ROTHER AVENUE, EAST SIDE BETWEEN A POINT 400 FEET NORTH OF THE NORTH CURB OF STANISLAUS STREET AND A POINT 100 FEET NORTH THERE FROM (FILLMORE DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Rother Avenue, east side At all times between a point 400 feet north of the north curb of Stanislaus Street and a point 100 feet north therefrom This action is being taken at the request of Response to Love Center to provide an area for loading and unloading of handicapped clients. Waive 45 Days RECEIVED AND FILED NO. 21 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 C #93001161 1) This change includes labor and materials required for the installation of ADD $18,000.00 an underpayment on the new concrete floor due to moisture content and is required to facilitate the new flooring installation and warranty The foregoing change results in a net increase in the contract of Eighteen Thousand Dollars and 00/100 ($18,000.00) Summary Current Contract amount $980,868.88 Amount of This Change Order $ 18,000.00 Revised Contract Amount $998,868.88 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this 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 December 11, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $18,000.00 (Original Contract Amount $980,868.88 + Change Order #1 $18,000.00 for a Revised Contract Amount of $998,868.88) for Lafayette (NB) Ice Rink Improvements, S & W Contracting, C #93001161. Funds for this project are available in Account #35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 22 CHANGE IN CONTRACT LIRO ENGINEERS INC. CITY -WIDE BOND SPECIFIC ISLAND CURB REPLACEMENT AND DURHAM STREET RECONSTRUCTION CONTRACT #93001182 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary for additional services needed to procure the construction contract for island curb replacement in separate construction contracts as opposed to one contract as the Department originally assumed. This revision was directed by the Comptroller's Office. Existing Contract Amount $202,618.49 Increase in Contract $ 5,900.00 $208,518.49 Funds are available in Capital Projects Account # 36319406- 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Liro Engineers Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated December 12, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $5,900.00 (Original Contract Amount $202,618.49 + Change Order #1 $5,900.00 for a Revised Contract Amount of $208,518.49) for City -wide bond specific island curb replacement and Durham Street Reconstruction, Liro Engineers, C #93001182. Funds for this project are available in Capital Projects Account #36319406- 445100 and /or an account to be named at a future date. PASSED AYES -9 NOES -0 NO. 23 DISPOSAL OF EQUIPMENT The Department of Public Works is requesting permission to dispose of obsolete street light standards and equipment by means of auction or scrap, whatever method the Division of Purchase determines will generate the best revenue. If permission is granted the Division of Purchase will start the process for disposal. 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 December 17, 2013, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to dispose of obsolete street light standards and equipment by means of auction or scrap, by whatever method the Division of Purchase determines will generate the best revenue. PASSED AYES -9 NOES -0 NO. 24 TRAFFIC ENGINEER 929 TONAWANDA STREET; ENCROACHRNENTS INTO RIGHT OF WAY Mr. Karl D. Henry, Architect, acting as agent for Mr. Khin Mang Soe, owner of the property at 929 Tonawanda Street has requested permission to encroach City Right of Way at said address. These encroachments are necessary to convert an existing bowling alley into a grocery store. The encroachments include a landing, stairs, and a glass store front on Tonawanda Street and a door which opens onto City right of way on Crowley Street. The Department of Public Works, Parks and Streets has reviewed this application in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are That the applicant obtain any and all City of Buffalo permits necessary. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right of way. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Charter. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachments within City fight of way. 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 December 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 issue a "Mere License" to Mr. Karl D. Henry, Architect, acting as agent for Mr. Khin Mang Soe, owner of the property at 929 Tonawanda Street, to encroach the City right -of- way at 929 Tonawanda in order to convert an existing bowling alley into a grocery store provided the following conditions are met: • That the applicant obtain any and all necessary City of Buffalo permits; That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right -of -way. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachments as described in Chapter 413 -67(F) of the City Charter; and That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said encroachments within the City right -of -way. PASSED AYES -9 NOES -0 NO. 25 PERMISSION TO ENTER INTO AGREEMENT W /SOLAR LIBERTY TO RECEIVE IMPROVEMENTS FOR THE INSTALLATION OF A SOLAR - POWERED, PHOTOVOLTAIC ELECTRICAL SYSTEM AT THE BROADWAY MARKET FILLMORE DISTRICT #4 OF 5/14/13 Your Honorable Body previously approved a request to enter into agreement with the New York State Power Authority for the installation of a solar - powered, photovoltaic electrical system on the roof of the Broadway Market to supplement existing electrical consumption. Solar Liberty is the installer of the solar - powered, photovoltaic electrical system and will also be filing the paperwork for Grant reimbursement for and /or on behalf of the City. The Photovoltaic Generating System Purchase and Sale Contract (the "Contract ") between Solar Liberty and the City incurs no cost for the City and is necessary for Solar Liberty to file the Grant reimbursements to facilitate installation of the solar powered system. I hereby request that Your Honorable Body authorize the Mayor and /or other appropriate City staff to execute the Contract and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction /installation of the subject photovoltaic electrical system. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 13, 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 execute the contract with Solar Liberty and the necessary grant funding agreements and related documentation and agreements as shall be required or useful in facilitating the installation of the solar powered system and to facilitate the City of Buffalo's receipt and utilization of grant funds associated with the implementation /construction /installation of the subject photovoltaic electrical system. PASSED AYES -9 NOES -0 NO. 26 REPORT OF BIDS GLORIA PARKS COMMUNITY CENTER ROOF RECONSTRUCTION REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 01201 1 advertised for on October 29, 2013 and received the following sealed bids for Gloria Parks Community Center, Roof Reconstruction Rehabilitation Project, which were publicly opened and read on November 19, 2013. General Construction Base Bid Allowance 'Jos A. Sanders & Son $41,856 $15,600 107 Lathrop St., Buffalo, NY Progressive Roofing $95,500 $15,600 331 Grote St., Buffalo, NY Grove Roofing $107,750 $15,600 131 Reading St., Buffalo, NY Weaver Metal & Roofing $180,000 $15,600 40 Appenheimer Ave., Buffalo, NY Jameson Roofing $215,500 $15,600 106 Evans St., Hamburg, NY 'Jos A. Sanders & Son was deemed non - responsive due to incomplete proposal bond. I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing with a base bid of $95,500.00 plus Allowance of $15,600.00 for a total amount of One Hundred Eleven Thousand One Hundred Dollars and 00/100 ($111,100.00) 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 CH9C2017 - 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Park and Streets, dated December 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Gloria Parks Community Center, Roof Reconstruction Rehabilitation Project with Progressive Roofing with a total bid of $111,100.00 (Base Bid of $95,500.00 + Allowance of $15,600.00 for a total amount of $111,100.00). Funding for this project is available in Account CH9C2017 - 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS POLONIA HALL COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 10205 1 advertised for on October 29, 2013 and received the following sealed bids for the Polonia Hall Community Center, Rehabilitation Project, which were publicly opened and read on November 13, 2013. Mechanical Construction Base Bid Greater Niagara Mechanical, Inc. $76,200 7311 Ward, Tonawanda, NY Miller Enterprises $98,700 12 Newfield, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, Inc. with a base bid of $76,200.00 plus 10% contingency for $7,620.00 for a total amount of Eighty Three Thousand Eight Hundred Twenty Dollars and 00/100 ($83,820.00) 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 CH9M2057 - 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 December 16, 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 Polonia Hall Community Center Rehabilitation Project with Greater Niagara Mechanical, Inc. with a total bid of $83,820.00 (Base Bid of $76,200.00 + 10% contingency of $7,620.00 for a total amount of $83,820.00). Funding for this project is available in CH9M2057 - 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 28 REPORT OF BIDS MEALS ON WHEELS FOUNDATION OF NY EQUIPMENT PURCHASE PROJECT CDBG FUNDED YEAR 39 -50203 Meals on Wheels Foundation of Western New York has and received the following sealed bids for Natural Gas Generators (Quantity 3 Generace 150 kW Generac Liquid Cooled Generators -450kw System) for Meals on Wheels Commissary: 100 James E, Casey Drive, Buffalo New York, 14206. Equipment Provider Equipment General Conditions Labor Total Zenner & Ritter $128,920.00 $48,683.00 $3,000.00 $180,603.00 3404 Bailey Avenue Buffalo, NY, 14215 Ferguson Electric $131,200.00 $47,100.00 $16,500.00 $194,800.00 Construction Co., Inc. 333 Ellicott Street Buffalo, NY 14203 'Allen Electrical Provided in Provided in Provided in $201,205.36 & Mech., Inc Lump sum lump sum lump sum 7611 Southwestern Blvd. Eden NY 14207 'Allen Electrical & Mech., Inc was deemed non - responsive due to incomplete proposal. I hereby certify that the foregoing is a true and correct statement of all bids received and that Zenner & Ritter is the lowest responsible bidder in accordance with specifications by Meal on Wheels Foundation of WNY. The purchase of the generators contains an incidental amount of construction activity and therefore is not covered by the federal prevailing wage rate requirements of funding under the Housing and Community Development Act of 1974, as amended. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the purchase of the Equipment only, (Quantity 3, Generace 150 kW Generac Liquid Cooled Generators -450kw System) in the amount not to exceed $120,000.00 on the basis of the low bid. The remainder of the cost will be paid by Meat on Wheels Foundation of WNY. Funding for this project is available in C19132037 - 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 December 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Meals on Wheels Foundation of Western New York, Natural Gas Generators (Quantity 3 Generace 150 kW Generac Liquid Cooled Generators - 450 Kw System) for Meals on Wheels Commissary with Zeuner & Ritter with a total bid of $180,603.00. Funding for this project is available in C19132037 - 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 29 REQUEST PERMISSION TO ACCEPT FUNDS FOR NYS DEC GRANT #C304915 AWARDED TO THE CITY OF BUFFALO NO. 12 OF OCTOBER 1, 2013] Permission is hereby requested from Your Honorable Body to accept the following grant awarded to and to be administered by the Department of Public Works, Parks & Streets to be implemented and completed by January 31, 2016. Grant Name Amount Description NYS DEC Municipal $218,850 Support recycling by reimbursing the City of Buffalo for 50% of the costs of a recycling Waste Reduction and coordinator and public Recycling contract #C304915 awareness documents. 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 December 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 accept a grant awarded to and to be administered by the Department of Public Works, Parks and Streets to be implemented by January 16, 2016 from the NYS DEC Municipal Waste Reduction and Recycling Contract, C #304915, to support recycling by the City of Buffalo for 50% of the costs of a recycling coordinator and public awareness documents in the amount of $218,850.00. PASSED AYES -9 NOES -0 NO. 30 APPOINT EQUIPMENT OPERATOR(PROV)(MAX)(CAMPEAU) Appointment effective 12/09/2013 in the Department of Public Works, Parks and Streets to the Position of Equipment Operator, Provisional at the Maximum Salary of $38,615.00 Jeffrey Campeau, 407 Huntington Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 APPOINT TRUCK DRIVER(TEMP)(INTER)(SIMMONS) Appointment effective 12/10/2013 in the Department of Public Works, Parks and Streets to the Position of Truck Driver, Temporary at the Intermediate Salary of $24,341.00 Christopher Simmons, 606 Kensington Ave, Buffalo, NY REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 AGREEMENT FOR THE PURCHASE, INSTALLATION & MAINTENANCE OF LICENSE PLATE READERS As part of Mayor Brown's continuing commitment to use the latest crime - fighting technology to make the streets of the City of Buffalo safer, the City has embarked on acquiring, installing and utilizing fixed license plate readers within a high risk area in the City of Buffalo. If approved by your Honorable Body, the implementation of the attached contract would be financed with previously accepted Department of Justice grant money. The benefits of license plate reading technology have been widely recognized and heralded locally and across the country, resulting in the recovery of more than 3500 stolen vehicles annually in New York City, netting hundreds of arrests in the City of Buffalo through the use of mobile License Plate Readers (LPRs) by the Police and Parking Departments and the return of a six -year old girl who had been kidnapped in the City of Buffalo earlier this year, but intercepted a short time later through the use of License Plate Reader technology in Livingston County without harm or incident. In furtherance of this purpose, on April 17, 2013, the Department of Administration, Finance and Urban Affairs, Division of Purchase, issued a Request for Proposals (RFP) to solicit bids for the provision of fixed license plate readers at a limited number of intersections within a high risk area of the City of Buffalo. Eligible applicants were limited to highly qualified vendors with access to a centralized "data warehouse" so that the readers would be operational upon activation. Applications were due on May 15, 2013 and, after a comprehensive vetting of the submitted proposals, the Division of Purchase, in consultation with the Buffalo Police Department, deemed Federal Signal Corporation's application to be both the most meritorious and the best value for the City. The company has been providing security based technology for more than 110 years and operates in over 40 countries globally. The contract provides for the installation, maintenance and operation of 18 fixed license plate readers for a five year term with the opportunity for a one -year extension. TRIAL AREA AND CONTRACT TERMS The attached contract covers the installation and maintenance of eighteen (18) fixed license plate readers with supporting hardware and software for a five year time period with the opportunity for a one year extension. The initial installation would take place in the trial area defined within the contract. The total contract cost is $219,873.00 and would be financed through the use of the following grant lines: COPS TECH GRANT 2008:20910007- 474100 -10394 COPS TECH GRANT 2009:21030006- 434000 -10466 BENEFITS OF FIXED LICENSE PLATE READERS License Plate Readers have the capacity to identify plates, check the plates against hotlists and to identify uninsured, unregistered and stolen vehicles. The system can also be used to assist in investigations through searchable stored data. For example, if there is a shooting in a particular location at a particular time, the fixed LPRs at an intersection can capture all license plates that passed through the closest intersections immediately after the shooting. This data can then be used to locate suspects and to piece together information that will lead to suspects and arrests. Additionally, specific license plate numbers of stolen vehicles or vehicles being sought in connection with Amber alerts or utilized by suspects in crimes can be entered into the system and law enforcement will be notified when said plates are detected at a particular intersection. In its purest form, License Plate Readers act as another set of eyes, beyond the limitations of uniformed Buffalo Police Officers to catch fleeing criminals. LIMITATIONS OF SYSTEM The system contemplated in the attached contract is not intended to, nor will it operate as a "Red Light Camera System" that would detect vehicle and traffic law infractions at the intersections outfitted with the technology. Instead it will merely be used to store data, cross check against hot lists, identify stolen vehicles and generate leads for suspects implicated in criminal activities to augment eyewitness and /or surveillance camera observations. ACTION REQUESTED I respectfully request that your Honorable Body approve the attached Agreement and authorize the undersigned to execute the same. I also respectfully request that your Honorable Body authorize the acceptance and use of the above grant funding for this purpose. This purpose has already been approved by the United States Department of Justice. Thank you for your consideration of this request. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 APPROVAL TO ENTER INTO CONTRACT WITH PERSONAL COMPUTERS, INC. The Buffalo Police Department hereby requests from your honorable body, permission to enter into a contract with Personal Computers, Incorporated (PCI) to continue to provide annual network services and hardware support for all Buffalo Police mainframe and computer devices. PCI is the current vendor providing this service under a contract issued in 2008, which has been mutually extended for the five allowable years, and is now up for renewal. Therefore, a request for proposals for this service was drafted and issued October 4, 2013, with advertisement in the Buffalo News and on the City of Buffalo web page, with proposals due on November 12, 2013. PCI was the only company to respond and submit a proposal for this service. This service is required to properly maintain all the Buffalo Police Department computerized devices. This is considered a normal, annual operating expense and is budgeted for each fiscal year under the Buffalo Police Department maintenance contract line, account# 12005006 443400. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated December 6, 2013, be received and filed; and That the Common Council hereby authorizes the City of Buffalo Police Department to enter into a contract with Personal Computers, Incorporated (PCI) to continue to provide annual network services and hardware support for all Buffalo Police mainframe and computer devices. PCI was the only company to respond to the Request for Proposals for this service. Funding for this contract is available under the Buffalo Police Department maintenance contract line, Account #12005006 443400. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 34 PERMISSION FOR THE DIVISION OF REAL ESTATE TO TAKE ENGINE 24 -108 LEROY AND ENGINE 16 1034 FILLMORE Please be advised that the Buffalo Fire Department has vacated the old Engine 24 building located at 108 Leroy near Halbert and the old Engine 18 building located at 1034 Fillmore near Genesee. These properties are both vacant. We are requesting that these properties be turned over to the Division of Real Estate Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated December 10, 2013, be received and filed; and That the Common Council hereby authorizes the Division of Real Estate to take Engine 24, located at 108 Leroy near Halbert, and Engine 18, located at 1034 Fillmore near Genesee. These properties are both vacant. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNCIL NO. 35 APPROVAL OF CONTRACT WITH LA SALLE AMBULANCE, INC., D /B /A RURAL METRO MEDICAL SERVICES FUR THE PROVISION OF EMERGENCY MEDICAL SERVICES THROUGH FEBRUARY 28, 2014, WHILE THE CITY UNDERTAKES AN RFP PROCESS FOR THIS SERVICE ITEM NO 3 CCP# 7/11/13 Attached for your Honorable Body's review and approval is a two -month contract extension with La Salle Ambulance, Inc., d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. The Law Department is requesting that your Honorable Body approve the execution of the attached extension agreement to continue the service until February 28, 2014. The Agreement also provides for the continuation of monthly franchise fee payments of $29,166.66 to the City for the duration of the extension Agreement. A comprehensive Request for Proposals (RFP) for this service has been posted as of December 19, 2013. The RFP builds upon best practices within the EMS industry, and also includes ways to insure the best response times and service provision for the City of Buffalo. Proposals in response to the RFP are due on January 17, 2014, which will be followed by selection of a contractor and transmittal of a long -term contract for your Honorable Body's review and approval. The underlying agreement requires the contractor to provide an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000), in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the Agreement's provisions. We thank you in advance for your prompt consideration of this request. Mr. Smith moved: That the above item be, and the above communication from the City of Buffalo Corporation Counsel, dated December 19, 2013, be received and filed; That the Common Council hereby approves a two -month contract extension with La Salle Ambulance, Inc. d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. This extension will continue until February 28, 2014 and provides for the continuation of monthly franchise fee payments of $29,166.66 to the City for the duration of the extension Agreement. A comprehensive Request for Proposals (RFP) for this service has been posted as of December 19, 2013, and responses are due on January 17, 2014, which will be followed by the selection of a contractor and transmittal of a long -term contract for review and approval by the Common Council. PASSED AYES -9 NOES -0 NO. 36 ZONING VARIANCE 1738 ELMWOOD(NORTH) Roger L. Ross, Esq. Hurwitz & Fine, P.C. 1300 Liberty Building Buffalo, New York 14202 Re: 1732 Elmwood Avenue (Rear Pared) Dear Mr. Ross: In reply to your letter of October 7, 2013, please be advised as follows: On March 20, 2013, the property known as 1738 Elmwood Avenue was granted a zoning variance permitting its use for residential, retail and office use. Notice of Hearing was published in the Buffalo News and written notice of hearing was sent by first class U.S. mail to all property owners within 400 feet of the subject property. The decision of the Zoning Board of Appeals was filed in the office of the Buffalo City Clerk on March 20, 2013. The property at 1738 Elmwood Avenue is contained within an M2 General Industrial district in accordance with the City of Buffalo Zoning Ordinance (Buffalo City Code Chapter 511). As such the variance permitted a non - conforming use within the M2 district. Your client's property at 1732 Elmwood Avenue is adjacent to the premises subject to the use variance. Use of 1732 Elmwood Avenue as a junkyard is a use permitted as of right in an M2 district [Buffalo City Code §511 -48 subd. (7)]. The grant of a use variance to an adjacent property within the M2 zone does not alter the permitted uses of any other property within the zone. It grants an additional, otherwise prohibited, use to the property at 1738 Elmwood Avenue, but does not alter the permitted uses of other properties within the zone, either by diminution or by expansion of permitted uses. Under present City ordinances, the use of 1732 Elmwood Avenue as a junkyard is a use permitted of right. The use attaches to the property. Conveyance to another owner does not change the continuation of the use. Should the current junkyard use be discontinued, that fact would not prevent a future owner from establishing a new junkyard within the M -2 district, as operation of a junk yard is a use as of fight within the M2 classification. A new junkyard would have to meet other planning and land use requirements in place at the time of establishing the new business. The City cannot make representations concerning future changes in law, nor to possible future transactions under differing facts. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 37 APPROVAL TO AUCTION /SCRAP VEHICLES The Division of Purchase hereby requests permission from your honorable body to auction /scrap the following vehicles from the Buffalo Fire Dept and Public Works Engineering Division: F -262 1998 Pierce Ladder truck, 100,000 miles, Failed inspection of aerial apparatus. PW -03 -E, 1996 Ford Explorer, 4 door, Dark Blue. 147,359 miles, Does not run. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated December 12, 2013 be received and filed; That the Common Council hereby authorizes the Director of Purchase to auction /scrap the following vehicles from the Buffalo Fire Department and the Department of Public Works, Division of Engineering as they have been determined to be unsafe and not road worthy: F -252 1998 Pierce Ladder truck - failed inspection of aerial apparatus • PW -03 -E, 1996 Ford Explorer, 4 door - does not run PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 38 CITY OF BUFFALO BOARD OF ETHICS MEETING MINUTES TUESDAY, OCTOBER 22, 2013 Members in Attendance: Douglas Coppola, Eleanor Paterson, James Magavern, Richard Sullivan, Gerald Chwalinski, & Elizabeth Hamed. Excused: Cavette Chambers Quorum New Business: 1 ) A Transactional Disclosure Statement was submitted by Director of Citizen Services, Oswaldo Mestre, Jr., regarding his attendance at the KANA Connect 2013 business conference. He needs to submit actual travel disbursements and reimbursements of expenses paid by KANA. 2) Elizabeth Harned, new Board of Ethics member, submitted her 2013 Financial Disclosure Statement. Old Business: 1. Doug spoke with Cavette about drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the October 22, 2013 minutes. Next meeting is scheduled for Tuesday, November 19, 2013. Meeting is adjourned. November 19 meeting was rescheduled for December 17, 2013. RECEIVED AND FILED NO. 39 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- Donna Cavalieri. Elizabeth Clark— Ellen Taylor. Jodie Bobeek. Kate McKeating RECEIVED AND FILED. NO. 40 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective December 3, 2013 in the Department of Common Council, Division of City Clerk to the Position of Intern VI, Unclassified, Non Competitive at the Flat Salary of $10.00 /hr Jade Alfonso, 60 Hoyt St, Buffalo, NY 14213 NO.41 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 12/23/2013 in the Department of Community Services and Recreational Programming, Division of Seniors to the Position of Senior Citizen Aide, Seasonal at the salary of $12.47/hr Robert Williams, 1279 Michigan Ave, Buffalo, NY 14209 NO.42 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 12/16/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Permanent at the minimum salary of $23,130.00 Eddie Rainey, 77 Richlawn, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 12/6/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Gregory Morcio, 102 S. Pierce St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 12/18/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Charles Black, 194 Linden Ave Apt 1, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 12166/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker, Permanent at the Minimum Salary of $23,130 Bernard Kelly, 199 Royal Ave, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 12/16/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Permanent at the minimum salary of $23,130.00 Patrick Bevelock, 41 Ludington St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 12/16/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Park Utility Worker Provisional at the minimum salary of $23,169.00 Debra LaBorgne, 1223 West Ave, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective 12/10/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Assistant Water Distribution Superintendent, Temporary at the minimum salary of $50,183.00 Patrick McManus, 223 Dearborn St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 12/10/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker, Permanent, at the minimum salary of $32,392.00 Thomas Karbowski, 216 Rebecca Park, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective 12/11/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker, Permanent, at the minimum salary of $32,392.00 Nicholas Macri, 5 Dallas Rd, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 12/12/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker, Permanent, at the minimum salary of $32,392.00 Colin Sullivan, 70 Ashland Rd, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective 12/13/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker, Permanent, at the minimum salary of $32,392.00 Frank Sparacino, Jr, 26 Virgil Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 12/09/2013 in the Department of Parking, Division of Parking Violations Bureau to the Position of Traffic Clerk, Provisional at the minimum salary of $36,338.00 Marlene Smith, 52 Stewart Avenue, Buffalo, NY 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 43 D. BLAMOWSKI, PE- PROPOSED TIM HORTONS RESTAURANT 637 DELAWARE AVENUE (FORMER ARBY'S RESTAURANT) Members of the Common Council, Tim Hortons" is proposing to redevelop the former "Arby's" restaurant at 537 Delaware Avenue. We are requesting your review of our proposed exterior site signage that we have presented to the Historic Preservation Board and Planning Board. Specifically, we are requesting your review and approval of our proposed front ground monument sign which would be located in the existing greenspace between the front of the building and the Delaware Avenue sidewalk. Our project will maintain the existing building with slight modifications. It will feature our new Cafe & Bake Shop design as well as a Coldstone Creamery ice cream offering inside the building. We will utilize the existing parking spaces and drive -thru operation of the site, and the driveways will remain in place for access to Delaware Avenue. To date, we have discussed the project with the Allentown Association, City Planning Board, Historic Preservation Board, and Councilman David Franczyk. Exhibits are included with this letter to illustrate the following discussion. We have attended two Preservation Board meetings and one Planning Board meeting to present this project. On 10/17/2013, the Preservation Board offered many comments regarding our building design and exterior signage and was prepared to offer a conditional approval, to which we responded with a request to table the project until the next meeting so that we could review the comments, revise our design, and resubmit for the Board's review. We made significant changes to our building in accommodating all of the Board's requests (see Exhibit #i), which included exterior sign removals, building -front window additions, and interior floor plan revisions to accommodate the exterior changes. We also reduced our proposed front ground monument sign from 10 feet in height down to 6 feet (see Exhibit #2). Our revised design consists of a 4Y2 -foot high "Tim Hortons" sign on an 18" brick base to match the building, with low profile landscaping around the base of the sign. At their meeting on 10/31/2013, the Preservation Board fully appreciated the changes that we made to our building design and signage, and passed a motion to approve, but with a condition that we further reduce the size of our ground monument sign. They asked that we limit the overall width of the sign to 3' -6 ". We have prepared a drawing showing what this reduction would look like (see Exhibit #3). Due to the horizontal nature of our sign, which is our new Cafe Bake Shop brand logo that we are implementing on all of our new restaurants and renovations, reducing the width to 3' -6" also proportionately reduces the 'Tim Hortons" lettering to a height of only 7 ". Considering the significant changes that we made to our building design to accommodate all of the Preservation Board's comments, we feel that this sign reduction provides inadequate visibility to vehicle traffic and is not acceptable. At the City Planning Board meeting on 3.1/6/2013, the Board approved our proposal as submitted, which included the building revisions as approved by the Preservation Board, but with our proposed ground monument sign (Exhibit #2). The Planning Board indicated that our proposed sign was a much better option than if we simply re -used the large existing pylon sign (see Exhibit #4). We have the option to re -use the pylon sign, however, after our preliminary meeting with representatives of the Allentown Association and the Preservation Board meetings, we fully understand and respect the sensitivity of this historic district and have come up with our alternative option for the ground monument sign which would include the removal of the large pylon sign. The pylon sign is not our preferred alternative, but in lieu of the Preservation Board's continued opposition to our proposed ground sign, this would be our next option to consider since no further approvals would be needed to just replace the sign panels, Based on discussions we have had with the Planning Department and Codes /Permitting office, it is our understanding that the Planning Board cannot override the Preservation Board in regards to the site signage in this district, and any deviation from the Preservation Board's approval would require approval from the Common Council. At this point, we feel as though we have made great strides in accommodating every request of the Preservation Board, with the exception of further reducing the front ground monument sign. We a re confident that our proposed ground sign is in everyone's best interest and provides an aesthetically pleasing alternative for the neighborhood. We appreciate your consideration of our request and look forward to meeting with you to discuss this project in more detail. If. there are any questions or you need additional information, please feel free to contact me at (716) 253 -7546 or by email at blamowski danO- timhortons.com. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 BUFFALO WATER BOARD YEAR 4 ITEM AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE COMMITTEE ON FINANCE NO. 46 JESSE KETCHUM MEMORIAL FUND ANNUAL REPORT Ladies & Gentlemen: The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools. Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the graduating class who have ranked the highest scholarship in their group. Awards were presented at the Awards Ceremony held annually at West Hertel Academy. A list of the winners from 201 and 2013 are enclosed for your records. Also, a copy of the financial reports by the Treasurer, Mr. Robert Drake, for the fiscal year 12/31 /1 1 thru 12/31/12 is enclosed. Respectfully submitted, REFERRED TO COUNCIL STAFF NO. 46 B. NEVERGOLD -REQ INCREASE IN STIPEND THAT BD OF ED MEMBERS RECEIVE BOARD OF EDUCATION BOARD OF EDUCATION MEMBERS Dear Councilmen Smith: Pursuant to a request by the Board of Education in 2012 and recently revisited during our brief conversation today, I am requesting that the Common Council consider the issue of proposing an increase in the stipend that Board of Education Members currently receive. The current suspend was established in the 1970's. Thank you for considering this request. I would be happy to respond to any questions you may have. Yours Very Truly, Dr. Barbara Nevergold c/ President REFERRED TO CORPORATION COUNSEL, COUNCIL PRESIDENT, MAYOR AND COMPTROLLER NO. 47 NYSDEC FACT SHEET - BROWNFIELD CLEANUP - 1050 -1088 NIAGARA ST(NIA) 1050 -1088 Niagara Street: Documents Available for Comment The public is invited to comment on a draft site investigation and interim remedial measure work plan being reviewed by New York State Department of Environmental Conservation (DEC) to investigate the 1050 -1088 Niagara Street Site ( "site ") located at 1050 -i088 Niagara Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the investigation and cleanup of this site can be found at the locations identified below under Where to Find Information. DEC is conducting a public comment period because this Interim Remedial Measure (IRM) is likely to represent a significant part of the cleanup for this site. Work Plan The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to DEC under New York's Brownfield Cleanup Program. The investigation will be performed by 9271 Group, LLC ( "applicant(s) ") with oversight by DEC and the New York State Department of Health (DOH). The proposed IRM for the site is being proposed to address some or all of the environmental conditions at the site. An IRM is a cleanup activity that may be performed when a source of contamination or exposure pathway (the way in which a person may contact contamination) can be effectively addressed without extensive investigation and evaluation. The draft IRM work plan describes the proposed cleanup activities that include: • Removal of underground storage tanks and hydraulic lifts; • Excavation of petroleum impacted soil /fill; • Removal of semi - volatile organic compound and metals impacted soil near SB -3; and • Implementation of a site fill management plan during remedial and redevelopment activities. How to Comment DEC is accepting written comments about the draft investigation work plan for 30 days, from December 17, 2013 through January 18, 2014. The proposed plan is available for review at the locations identified below under Where to Find Information. Please submit comments to the DEC project manager listed under Project Related Questions in the Who to Contact area below. Highlights of the Proposed Site Investigation The investigation will define the nature and extent of contamination in soil, surface water, groundwater and any other parts of the environment that may be affected. Next Steps DEC will consider public comments, revise the plan as necessary, and approve the work plan. DOH must concur with the plan. The approved work plan will be made available to the public (see Where to Find Information below). After the work plan is approved, the activities detailed in the work plan will be implemented. When the investigation is completed, a report will be prepared and submitted to DEC that summarizes the results. DEC will review the report, make any necessary revisions and, if appropriate, approve the report. After the investigation and implementation of the IRM, a cleanup plan, called a "Remedial Work Plan" will be developed and a Decision Document will be proposed. The cleanup plan will include an evaluation of the proposed site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the protection of public health and the environment. DEC will present the proposed cleanup plan to the public for its review and comment during a 45 -day comment period. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 1050 -1088 Niagara Street Site is located in the City of Buffalo, Erie County The site is comprised of three adjoining parcels and is approximately 2.7 acres in size. The parcels are 1050 Niagara Street, 1054 Niagara Street and 1088 Niagara Street. Site Features: The site is bounded by Albany Street to the north with commercial properties beyond; commercial manufacturing facility to the south; Niagara Street and residential properties beyond to the east; and railroad tracks, NYS 1 -190, and the Niagara River to the west. Current Zoning /Uses: The site is currently zoned M1 Light industrial, but is used for commercial use. The site use is mainly intended for commercial use. Historic Uses: The 1050 Niagara Street parcel has a long history of being utilized for commercial /industrial operations since at least 1889. The Niagara Lithograph Company (current on -site building) operated a commercial printing company from approximately 1930 through 1990. The Miken Companies, also a commercial printing company, was located on -site until about 2000. Historic Sanborn records indicate that two 25,000 gallon tanks, likely containing fuel oil and /or printing related solvents were located in the basement of the building. Lithographic printing operation historically utilized VOC -based solvent routinely for printing cleaning, degreasing and ink - solvents. The 1088 Niagara Street parcel (northern portion of the site) formerly included the International Brewing Company and American Gelatine Corp. operated on -site in the early 1900s. Records from 1925 indicate Hygrade Oil Co. utilized the site as a service station and fuel distribution facility, including multiple petroleum storage and distribution tanks, gasoline pump house(s), and tank wagon loading house, which was historically located abutting the current 1050 Niagara Street building, from at least the 1920s through the 1960s. Gulf Oil Corporation and Hygrade Petroleum Co. were identified as on -site operators from approximately the 1920s through 1960. Geology & Hydrogeology: The surface soils on the site is characterized as Urban Land, consisting of level to gently sloping land with 80 percent or more of the soil surface covered by asphalt, concrete, buildings, or other impervious structures typical of an urban environment. Mapping of the surface soils in the vicinity of the site, based on the USDA soil survey, indicates the surficial geology of the area consists of various loams, with slopes typically ranging from 0 -6 %. The subsurface soilfill can generally be described as sandy lean clay with varying amounts and depths of fill material (i.e., brick, concrete). Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.nv.gov /chemical /94915.html and • http: / /www.dec.nv.00v /cfmx/ extapps /derextemal /haz /detads.cfm, pageid =3 &progno- C915277 Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http://www.dec.ny..qov/chemical/8450.html. Site Location Where to Find Information Public interest in this project is valued and appreciated. Project documents are available at the following location to help the public stay informed. You may also view electronic versions of project documents by visiting this brownfield site's website at http: / /www.dec.n4.gov /chemical /94915.html. Large documents may be abbreviated to meet DEC's file size requirements for posting to the website. Hard copies of full project documents are available at the listed locations. NYS DEC Region 9 Office 270 Michigan Avenue Buffalo. New York 14203 716- 851 -7220 (Call for appointment) Buffalo & Erie County Public Library Attn: Kathy Galvin Niagara Branch 280 Porter Avenue Buffalo, NY 14201 716 - 882 -1537 Who to Contact Comments and questions are always welcome and should be directed as follows Project Related Questions: Eugene Melnyk NYS DEC, Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 716 - 851 -7220 ewmelnvk()aw. dec. state. nv. us Site - Related Health Questions: Nathan Freeman NYS DOH Empire State Plaza, Coming Tower, Rm. 1787 Albany, NY 12237 518 - 402 -7860 BEEI(a)health.state.nv.us For More Information We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. 'Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: http:// www. dec.n4.gov!chemical /61092.html. It's quick, it's free, and it will help keep you better informed. Note: Please disregard if you already have signed up and received this fact sheet electronically. RECEIVED AND FILED PETITIONS NO. 48 P. SCHOLL, AGENT, USE 2190 SOUTH PARK TO ADD A TAKE OUT RESTAURANT TO A CUSTARD STAND (SOUTH)(HRG 12/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 N. ALHOMSKI, OWNER, USE 502 ELMWOOD TO RE- ESTABLISH A RESTAURANT IN THE ELMWOOD AVE BUSINESS DISTRICT(NIA)(HRG 12/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 S. MUCINO, OWNER, USE 765 ELMWOOD TO OPEN AN EXISTING RESTAURANT IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT(DEL)(HRG 12/31) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 D. PRIDGEN -BLOCK CLUB REQUESTS SIDEWALK REPLACEMENT ON MORTIMER STREET BTWN BROADWAY & HOLLISTER I would like to file the attached information for the next Common Council meeting to be held on December 24, 2013. Dear Councilmember Pridgen: On behalf of the Mortimer- Spring Block Association, I would like to formally request that you file for full sidewalks on Mortimer Street between Broadway and Hollister. Currently tax paying and voting residents are forced to walk in the street, which is a major safety issue. I have sent this request on several occasions and always told, we were on the list. It's been over 15 years and no sidewalks. We appreciate your help with this matter and sending you a thank you in advance. Respectfully, Victoria Dent Mortimer- Spring Block Association President REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 52 S. SHARE, AGENT, USE 1094 BROADWAY AKA 1100 BROADWAY- REPLACE EXISTING BOX ON POLE SIGN AND ADD LED SIGN(FILL)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 53 F. LAZARUS, AGENT, USE 1738 ELMWOOD FOR A BILLBOARD SIGN W /LED. (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPOINT PARK UTILITY WORKER (PROV)(13TH STEP)(FENNEY)(PW) (CCP# 30,12/10) Mrs. Russell moved That Communication 30 of December 10, 2013, be received and Filed and that the Provisional appointment of Patrick Fenney, 146 Dorrance, Buffalo, NY 14218 at the Thirteenth step of $25,100.00 is hereby approved PASSED AYES -9 NOES -0 NO. 55 APPOINT ADMINISTRATIVE ASSISTANT (PERM)(MAX)(KIRKER)(PARKING) (CCP# 32, 12/10) Mrs. Russell moved That Communication 32 of December 10, 2013, be received and Filed and that the Permanent appointment of Heidi L. Kirker, 351 Potters Road, Buffalo, NY 14220 at the Maximum Salary of 45,613.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 56 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 40, 12/10 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 57 MOBILE FOOD TRUCK - 2614 MAIN STREET (ELL) (DPIS) (REIN NO. 66, C.C.P., DEC. 10, 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 pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Khondoker Karim of 2614 Main Street, Buffalo, New York d /b /a Street Cafe and Halal Food Truck is hereby approved. PASSED AYES -9 NOES -0 NO. 58 AMENDMENT TO 2013 -14 ANNUAL ACTION PLAN AND PT ANNUAL ACTION PLANS -CDBG AND ESG PROGRAMS AND AMENDMENTS TO CITY /BURR AGREEMENTS RELATED TO THOSE GRANTS(STRAT PLAN) CCP# 16,11/26 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 59 J. ABULMAJID, OWNER, USE 900 KENSINGTON FOR EATING AND DRINKING ESTABLISHMENT IN THE KENSINGTON! BAILEY BUSINESS DISTRICT (UNIV)(DPIS) (ITEM NO. 54, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Abulmajid, Owner to use 900 Kensington for an eating and drinking establishment in the Kensington /Bailey Business district. PASSED AYES -9 NOES -0 NO. 60 M. CHELLEY, OWNER, TO USE 1238 HERTEL TO REOPEN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 55, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of M. Chelley, Owner, of 1238 Hertel Avenue to reopen an existing restaurant in the Hertel Avenue Special Zoning District. PASSED AYES -9 NOES -0 NO. 61 C. MCCAFFREY, AGENT, USE 301 FRANKLIN FOR A PROJECTING SIGN OVER CITY RIGHT -OF -WAY (EL1) (DPIS) (ITEM NO. 56, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -63(4) of the City Charter, the application of C. McCaffrey, Agent, to erect a projecting sign over a City right -of -way to the front of a one -story masonry restaurant at 301 Franklin is hereby approved. PASSED AYES -9 NOES -0 NO. 62 J. SMITH, OWNER, TO USE 739 ELMWOOD TO REESTABLISH AN EXISTING RESTAURANT IN THE ELMWOOD AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 57, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of J. Smith, Owner, of 739 Elmwood Avenue to reestablish an existing restaurant for a ne lease in the Elmwood Avenue Business District. PASSED AYES -9 NOES -0 NO. 63 REPORT OF SALE -3074 BAILEY(MASTEN)(STRAT PLAN) (ITEM NO 4, CCP DEC 10, 2013) Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 64 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 34, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on December 20, 2013 is approved. PASSED AYES 9, NOES 0 NO. 65 FOOD STORE LICENSE (NEW) 2756 BAILEY (MASTEN)(DPIS) (ITEM NO. 73, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 66 FOOD STORE LICENSE (NEW) - 2906 BAILEY (MASTEN)(DPIS) (ITEM NO. 74, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; 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 Hamoud Zaid d /b /a Bailey Discount Mart Inc. located at 2906 Bailey. CONDITIONS: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GMANLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAGE ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO 11 PM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS PASSED W /COND AYES 9. NOES 0 NO. 67 FOOD STORE LICENSE (NEW) - 912 EAST DELAVAN (MASTEN)(DPIS) (ITEM NO. 75, C.C.P., DEC. 10, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter i94 of the City Code to issue a Food Store License to All Ahmed Ali d /b /a Save $ Plus located at 912 East Delavan. CONDITIONS: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GMANLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAGE ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO 11 PM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS PASSED W /COND AYES 9, NOES 0 NO. 68 J. SCHENNE, PE, AGENT, USE 359 GANSON FOR A TWO -STORY STEEL AND CONCRETE SKATING RINK, EXHIBITION HALL AND OFFICES WITH PARKING IN THE BUFFALO SPECIAL REVIEW DISTRICT (SOUTH)(DPIS) (ITEM NO. 34, 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; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 69 ABSENTEE BUILDING OWNERS -500 BLOCK OF MAIN ST (EXC RES)(PRIDGEN) CCP# 104 05/15 Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 D. PRIDGEN- COUNCIL MEETINGS LIVE ON GOVERNMENT CHANNEL CCP# 57 02/21 Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 FOOD STORE LICENSE (NEW) - 1096 KENSINGTON (MASTEN)(DPIS) (ITEM NO. 58, C.C.P., MAY 28, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO. 72 SPONSORS: COUNCILMEMBER FONTANA, COUNCILMEMBER SMITH, COUNCILMEMBER PRIDGEN, COUNCILMEMBER SCANLON CITY HALL SECURITY Whereas: An incident at a "Congress on your Comer" gathering in Arizona tragically took the lives of six individuals, and wounded eighteen others, including U.S. Representative Gabrielle Giffords; and Whereas: In Panama City, Florida, a gunman entered a school board meeting, opened fire, and put the people present at the meeting in danger. He was subsequently apprehended by trained security personnel on duty; and Whereas: As a result of these and other documented life threatening events, many government agencies across the United States have or are in the process of examining their security measures and emergency plans; and Whereas: The vulnerability of the general public, employees and elected government officials during regular business hours and government meetings gives reason to make an in -depth evaluation of our security system and the proper measures that should be taken to ensure the safety of those who conduct business in and visit City Hall; and Whereas: The City of Buffalo Common Council has an obligation to ensure the safety of its employees, visitors, other City officials and strive to create a safe environment; and Whereas: Tragic events such as the aforementioned warrant the need for a complete evaluation of the security protocols and emergency plans utilized in Buffalo City Hall. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Buffalo Police Department, the Department of Public Works, the local branch of the Federal Bureau of Investigation, Department of Homeland Security, and the Buffalo Board of Education immediately meet to review the security, emergency and contingency plans for City Hall; and Be It Further Resolved: That the Commissioners report their findings and recommendations back to the Common Council before February 28, 2014. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 73 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1014 - COMMON COUNCIL LEGISLATIVE #13 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1014 - Common Council Legislative #13, which currently reads: 2 Legislative Assistant $41,163 Is hereby amended to read: 1 Senior Legislative Assistant $46,083 1 Legislative Assistant $41,163 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 BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION AND FINANCE, 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. FROM: 10102001 -41202 Common Council - Hourly $2,460 TO: 101014001 - 411001 Councilmember #13Golombek -Salary $2,460 PASSED AYES 9, NOES 0 NO. 74 SPONSOR: CHRISTOPHER P. SCANLON December 17, 2013 WAIVE EVENT FEES FOR STAR SWIMMING PROGRAM SWIM TEAM PRACTICE WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Star Swimming Program Swim Team Practice will take place from Tuesday December 17, 2013 to Saturday January 25, 2013 for two hours a day from 7:30pm to 9:30pm on Tuesdays and Thursdays, 5:30pm to 7:30pm on Mondays and Wednesdays and from 7:OOam to 9:OOam on Saturdays at Cazenovia Swimming Pool; and WHEREAS, Star Swimming Program Swim Team Practice provides swimming instruction to 80 children in the area and allows them to train and compete in the sport of swimming; and WHEREAS, The Star Swimming Program Swim Team Practice is beneficial to the health of local children who train, participate and compete in swimming; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works (Parks Department) waive the $3 per swimmer per day fee applicable to the Star Swimming Program; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. PASSED AYES 9, NOES 0 NO. 75 BY: MR. SCANLON INCREASED APPROPRIATION That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for 500,000 be and the same are hereby increased in the sum of $1,500,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Restricted, appropriated for this purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account to meet this increased appropriation as set forth below: From: 10700096- 397200 Fund Balance Restricted $1,500,000 To: 16550007 - 471010 Permits & Inspections- Land Improvements $1,500,000 PASSED AYES 9, NOES 0 NO. 76 BY: MR. SCANLON TRANSFER OF FUNDS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106 - 445100 Planning Capital Projects $200,000 To: 30300506 - 445100 Landfill Management $200,000 PASSED AYES 9, NOE 0 NO. 77 COUNCIL MEMBER SMITH, FONTANA, RUSSELL, FRANCZYK, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, SCANLON ELIMINATION OF BLACKOUT RULES December 23, 2013 Whereas: On December 18 2013 The Federal Communication Commission has voted unanimously to eliminate the blackout rules in the National Football League that has frustrated viewers for decades; and Whereas: It was quoted in the Buffalo News, on December 19, 2013 by Rep Brian Higgins that "changes in the sports industry in the last four decades have called into question whether the sports blackout rules remain necessary to ensure the overall availability of sports programming to the general public "; and Whereas: Since the 1970's, when the blackout rule was written, the popularity of the NFL has increased significantly. The league and its revenues have grown substantially. Television ratings and viewership continue to grow, bringing in record profits for the NFL and the television networks that broadcast games. The policy of blacking out the NFL games is outdated and does not increase attendance; and Whereas: The City of Buffalo & WNY are affected by this black out rule in that Ralph Wilson stadium is one on the largest stadiums in the NFL, with a capacity of more than 70,000 seats, the Buffalo Bills had a total of 19 games blacked -out since 2000; and Whereas: Ralph Wilson Stadium will receive 130 million in stadium upgrades after this season. Public money from New York State and the County will pay for a majority of the stadium improvements. Therefore, Be It Resolved: That the Buffalo Common Council Members would like to seek public opinion, and hold discussion, regarding the restrictions of the federal sports television blackout rules which have frustrated N FL fans for far too long; and Be It Further Resolved: That copies of this Resolution be forwarded to Rep. Brian Higgins, Federal Communication Commission, NFL Com missioner Roger Goodell, the National Football League and Buffalo Bills President & CEO Russ ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 78 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. Marie Gorman Total: 1 ADOPTED NO. 79 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Patrick J. Brooks TOTAL:1 F- 1 19101ir:1.] NO. 80 ANNOUNCEMENT OF COMMITTEE MEETINGS The following the 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 31, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, December 31, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, December 31, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 31, 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. 81 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Scanlon, the Council adjourned at 2:45 PM GERALD A. CHWALINSKI CITY CLERK December 23, 2013