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HomeMy WebLinkAbout14-0107 (2)I CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO January 7, 2014 AT 12:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Russell, Scanlon, Smith - 8 Absent - Councilmember Golombek - 1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on December 23, 2013 were approved. *AYE* NO * * FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [MAJ- 5] [ 213 - 61 [314- 7] January 7, 2014 * January 7, 2014 * * * * * * * * January 7, 2014 FROM THE COMPTROLLER January 7, 2014 DEPARTIVIENT OF AUDIT AND CONTROL 1225 CITY HALL BUFFALO, NEW YORK 14202 716- 851 -5255 ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG S. SZYM NSKI, CPA DEPUTY COMPTROLLER INVESTMENT & DEBT MANAGEMENT WILLIAM D. FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT KEVIN J. KAUFMAN, CPA MARK J. F. SCHROEDER DEPUTY COMPTROLLER COMPTROLLER CITY AUDITOR SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxxtxx December 23, 2013 Audit & Control [:Comprehensive Annual Financial Report [:For the Fiscal Year Ended June 30, 2013 This is to advise that the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2013 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Drescher & Malecki LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than March 23, 2014 SIGNATURE DEPARTMENT HEAD TITLE: Comptroller, Mark J. F. Schroeder 0000.1 CITY OF BUFFALO REFERRED To THE COMMITTEE ON FINANCE- 1 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS January 7, 2014 0 0 0 0 r #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL . DATE. December 30 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: [: Change in Contract [: Nussbaumer & Clarke, Inc. [: ConsuItant Inspection Services [: City -wide Sidewalk Replacement & [: Spot Pavement Reconstruction [: Contract #93000933 I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract. This change order is necessary to provide additional services for consultant inspection of additional sidewalk work that was authorized by the City as well as additional costs that were incurred as a result of the construction contractor's delay in starting the work. The contractor was assessed liquidated damages in accordance with his contract for that delay. This change order is in accordance with the consultant agreement and project procurement. Existing Contract Amount Increase in Contract Total Contract to Date $73,983.00 $ 15 , 393.95 $89,376.95 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 Nussbaumer & Clarke, Inc. PJM:SJS:MJF :Ilf TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer QA� �J `I Change in Contract — City -Wide Bond Sidewalk Replacement and Spot Pavement Reconstruction (DPW) 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 30, 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 41 in the amount of $15.393.95 (Original Contract Amount $73,983.00 + Change Order #1 $15,393.95 for a Revised Contract Amount of $89,376.95) for City -wide sidewalk replacement and spot pavement reconstruction, Nussbaumer & Clarke, Inc., C #93000933. Funds for this project are available in Capital Projects Account #36319406- 445100 anal /or an account to be named at a future date. PASSED C: SUseoMrucinski \AppDateSLocalSMicrosoft\Winduw \Temporary Inlemet Files\ Content.Outlock\OX32QVW65Chenge in Contract - city-wide sidewalk replacement, doe q *AY E* NO * FONTANA FRANCZYK GO OM * * LOCURTO PPdDGEN RIVERA RUSSELL SCANLON SMITH [-------- - [MAJ- - - - -] S] [ 2/3 - 6 ] [3/4 - 71 0 00 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 31, 2013 FROM: Department of Public Works, Parks & Streets DIVISION: SUBJECT: [: Permission to Enter into Agreement United Parcel Service (UPS) City Hall Drop Box PRIOR COUNCIL REFERENCE: (IF ANY) [: Permission is hereby requested to enter in an agreement with United Parcel Service (UPS) for the UPS Drop Box that is located in the basement of City Hall. This is a one (1) year agreement that will automatically renew for successive one (1) year periods unless terminated earlier by the City. Under this agreement, United Parcel Service (UPS) will pay the City an annual fee of $600, paid on a monthly basis of $50.00. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into the agreement SJS:PJM:dak DEPARTMENT HEAD NAME: Steven J. Stepniak TITLE: Commissioner of Public,�.WNorks, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: Cc: Jason Shell, Administrator 3 I 1 � t ti Permission to Enter Into Agreement — United Parcel Service City Hall Drop Box (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 31, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute the contract with United Parcel Service (UPS) for the UPS Drop Box that is located in the basement of City Hall. This is a one (1) year agreement that will automatically renew for successive one (1) year periods unless terminated earlier by the City. Under this agreement, the United Parcel Service (UPS) will pay the City an annual fee of $600.00, paid on a monthly basis of $50.00. PASSED C:1 Usersl lrucinskilAppDalaV .oca[\Microsoft\Windows\Temporary Internet Files\Content.Outlook1OX32QV W6\Permission to Enter Into Agreement- UPS.dccx \11 * NO FONTANA FRANCZYK * * * LOCU ,To PRIDGEN RIVERA RUSSELL SCANLON SMITH [------ ---- - - -] [MAJ- 5) * (� [213 - 6 [314 - 7] #1 (Rev. 1193) SINGLE PAGE. COMMUNICATION TO THE COMMON COUNCIL 1 TO: THE COMMON COUNCIL DATE: December 31, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation SUBJECT: [: Request for Permission [: to Accept Funds for [: Grants Awarded to the [: Buffalo Olmsted Parks Conservancy [; at Delaware Park PRIOR COUNCIL REFERENCE: (IF ANY) [: The Department of Public Works, Parks and Streets is hereby requesting from Your Honorable Body to accept donation of design and construction services for the following grants awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Delaware Park in the City of Buffalo as described: Cr ran# XTam,s 2010 -11 NYSOPRHP EPF- El 1N72 2012 Community Foundation TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Amount Location $250,000 Delaware Park Marcy Casino Entrance $30,000 Delaware Park Rose Garden Pergola Steven J. Stepniak Commissioner Cc: Andrew R. Rabb, Deputy Commissioner Peter J. Merlo, City Engineer d Request Permission to Accept Funds — Grants Awarded to the Buffalo Olmsted Parks Conservancy at Delaware Park (DPW) 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 31, 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 donation of design and construction services for the following grants awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Delaware Park in the City of Buffalo: 2010 -11 NYSOPRHP EPF- E11N72 Grant in the amount of $250,000.00 for the Delaware Park Marcy Casino Entrance 2012 Community Foundation Grant in the amount of $30,000.00 for the Delaware Park Rose Garden Pergola PASSED C:\ Users\ lrucinskiSAppData TocaIMcrosoft\Window3\Temporary Internet Files\ Content Outlook\OX32QVWRPermission to Accept Funds - Olmsted Parks,docx lx *AYE* NO FONTANA * FRANCZYK 9-MMUM LOCURTO * PRIDGEN RIVERA RUSSELL SCANLON SMITH [--------- - - --] [MAJ- 5] [213 - 6] [314 - 71 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 2, 2014 00 OV� ' FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Broadway Market [: Rehabilitation Project [: CDBG Funded [: Year 38 - 50208 PRIOR COUNCIL REFERENCE: (IF ANY) [: TEXT: I advertised for on November 19, 2013 and received the following sealed bids for Broadway Market, Rehabilitation Project, which were publicly opened and read on December 3, 2013. General Construction Base Bid New York State Fence, Inc. $8,780 858 Manitou Rd., Hilton, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that New York State Fence, Inc. with a base bid of $8,780.00 plus 10% contingency for $878-00 for a total amount of Nine Thousand Six Hundred Fifty Eight Dollars and 00/100 ($9,658.00) 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 CH9132087 - 470000 - Buiidings. SJ S /PJ M/J F /FG /j lj cc: Comptroller's Office J. Jacobs - Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: 1 �j Report of Bids — Broadway Market Rehabilitation Project CDBG Funded Year 38 (DPW) 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 January 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Broadway Market, Rehabilitation Project, with New York State Fence, Inc. with a total bid of $9,658.00 (Base Bid of $8,780.00 + 10% contingency of $878.00 for a total amount of $9,658.00). Funding for this project is available in Account CH9B2087 — 470000 — Buildings. PASSED C:% Usersllrucinskil AppDatal Loca]VAierosoftlWindowslTemporary Intemet Files\Content.Outlook5OX32QV W65Aeport of Bids - Broadway Market.docz *AYE* NO FONTANA FRANCZYK * * * GOLQ LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5] [213 - b] [314 - 71 #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of4he Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s), I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: Z in the Department of Public Works, Parks & Streets Division of Streets to the Position of Motor Equipment Maintanance Supervisor I Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TZ=A4PPAR-Y Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE (Enter Starting Salary) : Starting Salary of $ 40,020 LAST JOB TITLE Motor Equipment Mechanic LAST DEPARTMENT DPW DATE LAST SALARY $39,535.00 LAST 4 DIGITS OF SSN. NAME Michael Herbert 12113 ADDRESS 45 Good Ave. CITY & ZIP Buffalo 14220 XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME; DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002801 TITLE CODE NO 6170 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -95 SALARY RANGE OF POSITION $25,646 .$42,576 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: t*yz = Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE; 12116113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 GOPIf TO: CITY GLLKK O 1BEF0 E APP INTMENT GATE OTHER COPIES TO: #3- CO TROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- B, UDGET #6- DEPARTMENT #7- DIVISION ##8- EMPLOYEE(S) 1 C ` FROM THE COMMISSIONER OF POLICE January 7, 2014 -- SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 24, 2013 FROM: DEPARTMENT: POLICE DIVISION: . SUBJECT: I : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) I :Item No. 104, C.C.P. 212188 Ex. ( Item No. xxx, C.C.P. xx/xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW 11- DEA- 539963 C2 -11 -0034 4,910.01 13- DEA - 583458 C2 -13 -0107 1,109.19 13- DEA - 583458 C2 -13 -0107 DEA TOTAL UC SEQ SH2O13 090100008401 UCSEQ SH2O 11090100041601 1,062.21 (15% SAFF DEP #10) $7,081.41 5,500.00 5,601.18 TOTAL DEPOSIT $18,182.59 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, 420010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJR/jws TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD RECEIVED AND FILED 1 New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK COUNTY OF ERIE AFFIDAVIT pursuant to Civil Practice Law and ss: Rules 1311(11)(c) I, CHIEF DEN RICHARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 11/25,12/20, & 12/23/13 (Date) received WIRE TRANSFERS (check, vehicle, personal property, etc.) \ the BUFFAL POLICE DEPARTMENT (Agency) having an estimated present value of $ 18,182.59 (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 1 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 1 1961 et seq.) of the United States. Signature DATE: 12/24/2013 CHIEF OF INVESTIGATIVE SERVICES Title On the l - day of �_ k in the year before me personally came Day) : (Month) (Year) T to me known, who, being by me duly sworn, depose and say (Name) that S6�s employed by the C_) (_= LC-) (QC, L.( CE, (�) E P7 and that s Ce (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that s he signed her6"ame thereto. Notary Public (MOtMypuElb.: ofNewMM� Mail to: �^ NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 80 South Swan Street Albany, NY 12210 COPYRIGHT 9 1995 NEW YORK STATED IVrSION OF CRIMINAL JUSTICE SERVICES (July 2005) 1 r� 12/24/2013 08:47 (CITY OF BUFFALO jetanchak SCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER RECEIPT DESCRIPTION /REFERENCE ACCOUNT REF #: DEPT /LOC: POLICE DATE: Dec. 24, 2013 1980071 DRUG ASSET FORFEITURE 20010000 3B9001 20010000 389001 20010000 389001 10515 20010000 389001 20010000 389001 * * ** RECEIPT TOTAL 18,182.59 TOTAL COLLECTED /TURNED OVER 1$,182.53 REPRESENTING COLLECTXON FROM: 12/24/2013 TO 12/24/2013 REF #: / r .gJT /LOC2: POLICE DATE: Dec_ 24, 2013 SIGNATURE: � L j.G �'t� /" TITLE: ACCOUNT DESCRIPTION 20010000 389001 2001 0000.389001 10515 DEPARTMENT SUMMARY DEA PROP MISC REVENUE DEA SAFF YR 8 REV MISC .R ���+ DEC 147D IPG 1 ardptpmt AMOUNT 4,910,01 1 1,052.21 5,500.00 5,601.18 AMOUNT 17,120.38 1,052.21 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES January 7, 2014 #3 (Rev 1 -02) Q 0 0 0 S Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1219/13 in the Department of Inspections Division of Permit & Inspection Services to the Position of Building Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIFTH STEP Enter Starting Salary) : Starting Salary of $55,507 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Angela White DATE ADDRESS 262 Dewey Ave. CITY & ZIP Buffalo, NY 14214 LAS 4 DI OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 3140 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -056 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: / x — 16 1 3 SIGNATURE OF APPOINTING AUTHORITY: a&� ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- -EMPLOYEE(S) �J FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS January 7, 2014 00009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 3, 2014 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs - Purchase Division SUBJECT: [:Permission to utilize new "Cooperative Purchasing Law" [:Exception to Competitive Bidding PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx It is requested that your Honorable Body to review and approve the use of new GML 103 (16) Cooperative Purchasing Law. The resulting approval will allow the Division of Purchase to procure apparatus, materials, equipment and supplies at the lowest cost to the City of Buffalo. • 16. [Expires and repealed Aug 1, 2017] Notwithstanding the provisions of subdivisions one, two and three of this section, and section one hundred four of this article, any officer, board or agency of a [fig 1] political subdivision or of any district therein authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such [fig 2] political subdivision or district therein through the use of a contract let by the United States of America or any agency thereof, any state or any other [fig 3] political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value in a manner [fig 4] consistent with [fig 5] this section and made available for use by other governmental entities; provided, however, that no political subdivision or district therein, other than a city with a population of one million or more inhabitants or any district, board or agency with jurisdiction exclusively therein, may make such purchases or contract for such services through the use of such a contract let on the basis of best value in a manner consistent with this section unless the political subdivision or district shall first adopt a local law, rule, regulation or resolution, as the case may be, pursuant to subdivision one of this section, authorizing the use of best value for awarding purchase contracts . The authority provided to [fig 1 ] political subdivisions and districts therein pursuant to this subdivision shall not relieve any obligation of such [fig 2] political subdivision or district therein to comply with any applicable minority and women -owned business enterprise program mandates and the preferred source requirements of section one hundred sixty -two of the state finance law. )�V Subdivision 16 has been recently added to General Municipal Law (GML) § 103 to authorize any county, municipality, school district, or other municipal authority to purchase apparatus, material, equipment and supplies, and to contract for services related to the installation, maintenance, or repair of those items, through the use of other competitively bid cooperative contracts or purchase agreements. Cooperative purchasing, also known as "piggybacking," allows municipalities to purchase products or contract for services at lower costs by using the same contract for a vendor that was used by any other governmental agency. Moreover, the stated purpose of the new law is to reduce administrative and product costs, and increase efficiencies by providing local authorities an alternative to conduct their own bidding process. In order to utilize a contract to procure supplies or services, the following three prerequisites must be satisfied: 1. The contract must have been let by the United States or any other agency thereof, any state or any other political subdivision or district therein 2. The contract must have been made available for use by other governmental entities 3. The contract must have been let in a manner that constitutes competitive bidding "consistent with state law" 0 rP As the State of New York's Comptroller's Office explained, the first prerequisite requires that the underlying contract be let by a governmental entity, and not a private party. The second prerequisite mandates governmental entities to take steps to make its contract available for New York local governments. Finally, the third prerequisite requires the purchasing local government to obtain background information on the procedures used to let the contract to determine if it meets with New York State's bidding law pursuant to GML § 103. More specifically, courts in New York look to the following four elements to determine whether the procedures used to let a contract constitute "competitive bidding" consistent with GML § 103: 1. Public solicitation of bids; 2. Submission of sealed bids or analogous procedures to secure and preserve the integrity of the process and confidentiality of the bids submitted; 3. Preparation of bid specifications: a statement conveying the nature of the goods or services and other information necessary for the prospective bidders to make an intelligent evaluation and bid; and 4. Award to the lowest bidder who materially or substantially meets the bid specifications and is determined to be a responsible bidder. SIGNATURE V` DEPARTMENT HEAD TITLE: William Sunderlin Director - Purchase REFERRED TO THE COMMITTEE ON FINANCE. )i FROM THE CITY CLERK January 7, 2014 1 00 Ora Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 914 Kenmore Avenue Yummy Thai U Tun Aung RECEIVED AND FILED January 7, 2014 q STATE OF NEW YORK Standardized NOTICE FOAM for p 30 -Bay Advance Natice to a Focal Municipa for EXECUTIVE DEPARTMENT C ]bard in connection with the submission to the State Liquor Authority of a (check ane ) 3 DIVISION OF ALCOHOLIC BEVERAGE CONTROL ® New Application ❑ Renewal App lication ❑ Alteration ARRlication STATE LIQUOR ALMHORITY ❑ COX 01ra a Chan M for an on- Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: THIS 30 DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLEIM OF THE FOLLO+pMG LOCAL WNICIPALITY OR COMMUNITY BOARD 2. Name of the Local Municipality or Community Board: .. ATTORNEY REPRESEBTING THE APPLICANT Af CONNECTION WCCH THE .. CANT'S LICENSE nolf NOTED AS ABOVE FOR TME ESTABLISHMENT B)ENTulmn IN TEO NOTICE 3. Attorney's Pull Name is: 4. Attorney's Street Address: Zip C 5. City, Town or Village: State: Cc G. Business Telephone Number of Attorney: FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL MORMATION BROWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATIONS) FOR CURRENT LICENSEES, SET FORTH APPROVED METHOD OF OPERATION Ony DO NOT USE THIS FORM To CHARGE YOUR METHOD OF OPERATION 7. Type(s) of alcohol.sold or to be sold under the license: ("r One) ❑ gear Only Wine and Beer Only ❑ Liquor, Wine and Beer Extant of Food Service: Restaurant (Sale of food primarily Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily- 8 meets le minimum food availability requirements) rX' One) Fi food menu; Kitchen run by chef} i Recorded Music ❑ Live Music ❑ Disc Jockey ❑ Juke Box ❑ Patron Dancing (Small scale) ❑ Karaoke Bar Type o €establishment:. Cabaret, Night Club,(Large Scale Dance Club) ❑ Capacity of 600 or more patrons ❑ hotel ❑ Bed 1k Breakfast 9' (e)" all that apply) Restaurant ❑Club (e.g. Golf /Fraternal Org.) 11 Catering Facility F-1 Stage Shows Topless Entertainment ❑ Recreational Facility (Sports Facility/Vessel) ❑ Seasonal Establishmerrt Licensed outdoor area: None Rooftop Patio or Deck Freestanding Covered Structure ❑ Garden/Grounds 10. (e)0 all that apply) Sidewalk Cofe Other (Specify):None I l- Is the premises located within 500' of three or more on- premises liquor establishments? ❑ Yes No 12. Will the license holder or a manager be physically present within the establishment during all hours of operation? ('X" ane) � ge Yes ❑ No 13. License serial number: W 1 A Expiration Date: N / A 14. The applicant's or license holder's full name, as it appears or will appear on the license: , � wyi A t ui t 15. The Trade name, if any, under which the establ€shment conducts or will conduct business: �A.Yy) M , CU 16. The establishment is located within the building which has the following street address: L } r 1 )VVi] "rf - A vr t // 17. City, Town, or Village: (,L#. ( C? NY Zip Code: t fp 18. The establishment is located on the following floors) of the building at the above address: (l Cpl Y I ( 1 4 00 - C 19. Within the building at the above address, the establishment is located within the room(N) numbered as follows: { Q/A 20. Business telephone number of applicant /licensee: .� ° • -j �°q Business fax number of applicant/licensee: 21. Business e-mail address of applicant/licence. C 1 L1 1 t j _ 1 )� ' C arn 22. Dees the applicant or license holder cart the bulldIng in which tfie establishment i s located? ( "X° one) yes (If `Yes", Slop items 22 - ❑ No IIlI��YY i OWNER OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT 1S LOCATED frI r 23. Building owner's full name Is: 33 �L 24. Building owner's street address: I'r? State Zip Code: 25. City, Town, or Village: 26. Business telephone number of building owner: I am the applicant or hold the license or am a principal of the legal entity that holds or is applying far the license. Representations in this form conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made IrMhis form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, 1 afi - under Penalty of PerJM that the representations made is is form are true. 27. � Blared Nerve S 1 f 4 Lk.. f l(.L1 q TMe 6C ; No� • 3' , ! f Rev 09/06/13 r 000 M 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: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police- Kelly Gattuso Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources - Civil Service Commission- RECEIVED AND FILED. January 7, 2014 \� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE - FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P. xxlxx/xx TEXT: (TYPE SINGLE SPACE BELOW PO Kelly Gattuso assigned to the Commissioner's Office has been granted an extension to her medical leave of absence without pay for the period of six month commencing December 19, 2013 through June 19, 2014. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12c (10112) DATE: I 1. 1-1 - 2 PD, NAME: Q U 1 . RANK: Fb lujj � t r if .s , � *SSN: XXX -XX- � I � ASSIGN: COM M 1 S5/ UNNS ( )f � rc *LAST FOUR (4) DIGITS a `: EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE ]BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE MA) IS A 12 WEEK LEAVE MM INTERMTnENT FMLA IS A IS A 12 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CART] PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT INTHE REYOCAT.I'ONOF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEM AWOL ELANATION OF LEAVE DATES OF LEAVE: BEGINNING_ DATE: END DATE: 6( r'7 RETURN TO WORK DATE: LENGTH OF LEAVE: doe- � 0 n« -,N EMPLOYEE SIGNATURE �/ MOVED I ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) r 7// PO E INSPECTOR DATE ''APPROVED 1 ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTIVM EQUIPMENT) COMMISSIONER OF POLICE DA cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL. FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL, COMMANDING OFFICER 04 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of January 1, 2014 Common Council ',IV ASTC dCouncil District Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 41,163 LAST JOB TITLE 2690 NAME Tianna Marks LAST DEPARTMENT Common Council DATE 2013 ADDRESS 74 Fernhill Avenue Upper LAST SALARY 36,242 CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX -6623 LAS1OB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- F BUDGET ORG. CODE 10104001 BUDGET ACCT. OBJ. 411001 PROT ID SALARY RANGE OF POSITION $41,163 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: TITLE CODE NO 3580 PERSONNELREQ.NO 5434 PER YEAR DAY HOUR HOUR Mary H. Baldwin Deputy City Clerk December 27, 2013 ORIGINAL + 2 GOPIES I U: Ul I Y ULkKK tUNlt3t -rUKt HYt'UIN I Mr-N I UA I tl OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 00013 M Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me; reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. January 7, 2014 #4 R - (ev 7 07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: r in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 hr. LAST JOB TITLE NAME Michael Renaldo LAST DEPARTMENT DATE ADDRESS 86 Norwalk Ave. LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS O SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2013 -76 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 12/19/13 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPI O: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- C PTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPL OYEE(S) Q� No. 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. January 7, 2014 � b #3 (Rev 1 -02) Certificate of APPointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of $ppointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified approved by the Human Resources /Civil Service for the Appointment Effective: 112114 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $30,507 LAST JOB TITLE NAME Sabalena Brown LAST DEPARTMENT DATE ADDRESS 246 Bissell Avenue. LAST SALARY CITY & ZIP Buffalo, 14211 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX XX -4041. REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2013 -093 SALARY RANGE OF POSITION 30,507 - 33,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Oswaldo Mestre Jr. TITLE OF APPOINTING. AUTHORITY: Director, Cit' en Servli DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +.3 GUPIkS I U: U 1 T ULLKA jSMincrumm mm-vm i Mtr4 i un i t OTHER COPIES TO: #5 ,COMPTROLLER #B- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) � 0 �1 #3 (Rev 1 -02) Certificate of A pp ointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s): I fuither certify that the person(s) named in Schedule "A" have beers certified or approved by the Fiurnan Resources /Civil Service fbr the Appointment Effective: 12/30/2013 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk Permanent, Provisionai, Temporary, Seasonal- (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM {Enter Starting Salary) : Starting Salary of $30,507 LAST JOB TITLE NAME Bridget Young LAST DEPARTMENT DATE ADDRESS 670 Woodlawn Avenue LAST SALARY CITY & ZIP Buffalo, 14211 LAST 4 DIGITS OF SSN. XXX XX - 7540 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX XX - 7540 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2013 -099 SALARY RANGE OF POSITION 30,507- 33,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Oswaido Mestre Jr. TITLE OF APPOINTING. AUTHORITY: Director, Citi _ ervic DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: U I Y uLtKK ter atrvnr; HrrUIN I MtN I uH I ra OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 EMPLOYEEfSI 14 1J 10 : LL ri urm,l I Y Ur 19UrmLU 11005460 0 1''$'f t rYJwuil U' mi r — (.L1 03 (Rev 1 -02) Certit mto of AppolntMOnt in eamp6eo-aa with end Chapter 35.1 of the Ond'ul mm of Iha tilt orsuNk t amwma J+te mAigmlton ofeppeiM"WKS) or premetiont .ifard+eraenifyd<a1dbPgi W*) mimed iA9elladWd " A" hors boon aertfiedorapprovedbythet3unmriasdumrr /CivilBervtceforihe A ppointment WeCtiYO_ December 11. 2013 in the Department of 'Police Division of to the Position of LAS.T JOB TITLE (Insert One) : NAME Kelly Derf (Insert One)': P01190 DBpt DATE 42110113 (Insert one); at the LAST SALARY 8ulldlmg Maintenance Read Janitor pROV18IONAL APPOlNTMSNT MIN�MLIM jWer Starting salary): Stacdng Ofty of $31,859 Sc dulA "A" LAS.T JOB TITLE LabWer I NAME Kelly Derf LASS DEPARTMENT P01190 DBpt DATE 42110113 ADDRESS 71 Cable Street LAST SALARY $15.08 MR CITY& ZIP Buffalo, NY 14200 LAST 4 DIGITS OF SSN. XXX -XX -0222 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY& ZIP , LAST DIGITS OF 58N., XXX -XX- #.AST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY& ZIP LA8T4 016ITS OF SON. XXX 7U( LAST JOB TITLE NAME LAST DEPARTMENT DATE AODAESS LAST SALARY CITY & ZIP LAST4010ITSOF SON. XXX - XX- LAST 308 TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP ' UIST4 DIGITS OF SON. XXX XX` REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 92023001411001 TITLE CODE NO $210 BUDGET ACCT. OSd. , 12023001. 411001 PROJ. ID PERSONNEL RSID, NO 3013121 SALARY RANGE OF POSITION $13.43 - $10.08 PER HOUR REASON FOR APPT. ABOVE THE MINIMUM. - - - NAME OF FRPOW ING AUTHORITY: _..__.. o8dlei- Derenda -- -- - - ____.. _.. _ TITLE OF APPOINTING. AUTHORITY: Commissi of Police DATE' 12110/13 SIGNATURE OF APPOINTING AUTHORITY: i i msiWAL +a COPIES TC - 011Y_01 PAK 10NISEPQ��pQI�tL> LIT nATPt AT+1F_R CoplEs To: s5. nn[u IMM I GA 0- HUMAN, SE ACM2CMLSE RVIG *?- ILE= so. .nr-- P- +RTAiIEltL Nio- LQYEE[a;l i i lJl 1. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS January 7, 2014 000- Michael B. Risman HodponRuss,L. Partner TTORNEYS Direct Dial: 716.848.1162 Direct Facsimile: 716.819.4758 CAO 1f E -Mail: mrisman[a)hodgsonruss.corn December 30, 2013, Rev. Darius G. Pridgen Ellicott District Councilmember City of Buffalo 1408 City Hall Buffalo, New York 14202 Dear Rev. Pridgen: Re: Application by T- Mobile Northeast, LLC Project Site: 523 and 535 Northampton Street Item No. 77- C C.P. July 23, 2013 I am writing again on behalf of the Community Action Organization of Erie County, Inc. ( "CAO ") in response to the letter from attorney Kimberly Bamashuk dated September 26, 2013. As noted in our letters dated August 28, 2013 and November 8, 2013, CAO wishes to reiterate that it strongly opposes the location of this 90 foot cell tower and oversized 50 by 50 foot concrete base receiver station anywhere on the church property located at 523 and 535 Northampton Street. Nothing about T- Mobile's application for this site meets the City Communications Towers and Antennas Ordinance in the City Zoning Code. The application seeks to locate this large cell tower in a residential zone and directly across from the proposed residential housing complex planned at the former Deaconess Hospital site. There is no co- location on an existing tower, there is a substantial adverse impact on existing and proposed residential housing and the adverse visual impact has not been minimized. Moreover, CAO wishes to respond to the assertion by T- Mobile that it is insisting that the cell tower only be on CAO property. Prior to the current application, T- Mobile had approached CAO regarding placement of the tower in a "notch" area with limited visibility on CAO property. If this compromise location is not acceptable to T- Mobile, then T- Mobile should locate its cell tower on some other property in the City where it will not impact on two (2) large, successful, highly visible, residential housing projects. The Guaranty Building • 140 Pearl Street • Suite 100 . Buffalo, New York 14202 -4040 • telephone 716.856.4000 • facsimile 716.849.0349 Albany • Buffalo . New York • Palm Beach • Saratoga Springs . Toronto . www.hodgsonruss.com Rev. Darius G. Pridgen December 30, 2013 Page 2 - � -Af S'�) Ho c M� / ��J 1 onRus LLP v AT TORN E Y5 CAO continues to work with T- Mobile and recently agreed to extend the current temporary Cellular On Wheels (COA) tower. The existing service is not in jeopardy or at risk. The T- Mobile application for the property at 523 and 535 Northampton Street is presently tabled in Committee. The CAO strongly opposes that proposed location based upon the reasons set forth above. Therefore, CAO respectfully requests that the Common Council receive and file that item and deny the restricted use permit application filed by T- Mobile. Thank you for your consideration. Very truly yours, Michael B. Risman /kms Co to: Gerald Chwalinski, Cit CIerkV Copy h' L. Nathan Hare, Executive Director, Community Action Organization Adam W. Perry, Esq. P�•,...,. ,, THE COMMITTEE 036281.00001 Litigation 11833188v2 e Li 's O it J b e , 0 01 D 1 Dr. Pamela C. Brown Superintendent Joseph A Ginsiana, P.E. Executive Director Division of Plant Services & School. Planning December 16, 2013 7tgAN.S tc6l� 5 C - H6b L 5� IV Hon. Richard A. Fontana �® P3 President of the Council Lovejoy District Common Council Member 1315 City Hall Buffalo, NY 14202 Re: School #56 School #70 Dear Council Member Fontana: This is to inform the Council that the Public Schools, Division of Plant Services and School Planning, has officially transferred as is and in kind, the use of the former schools listed below to the City of Buffalo effective on the following dates: • School #56 — 716 West Delavan Avenue, Buffalo, NY 14222; November 27, 2013 • School #70 — 76 Buffum Street, Buffalo, NY 14210; June 28, 2013 Regards, K seph P. Giusiana, P.E. Executive Director of Plant Services JPG:vk c: B. Mehaffy, COB Office of Strategic Planning C. Nelson, COB Division of Real Estate B. Smith, BPS CFO /COO S. Eager, BPS Director of School Plant Operations REFERRED TO THE DIRECTOR OF REAL ESTATE AND RECEIVED AND FILED 403 City Hall • Buffalo, New York 14202 Phone: 716-816-3652 + Fax: 716 - 816 -3527 DEMONE A. SMITH MAJORITY LEADER MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1414 BUFFALO, NY 14202 - 3318 PHONE: 851 -5145 • FAX: 851.5443 E -mail: dsmith @city- buffalo.com Website: http: / /www.city- buffalo.com 0 C 0i �r Common C CITY OF BUFFALO OFFICE OF MAJORITY LEADER pt)06 �`' a PRANK f I/ 9 S I L ' TIIANNA MARKS bIs TAI January 6, 2014 To: Gerry Chwalinski, City Clerk Please file the attached conditions for Food Store licenses in the Masten District at the next council meeting 1/7/14. Thank ou, D one Smi Majority Leader, Buffalo CommonCouncil Masten District Councilmember !° f CHAIRMAN BUDGET EDUCATION MINORITY BUSINESS ENTERPRISE C O MMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT FINANCE RULES SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MEMBER JOINT SCHOOLS CONSTRUCTION BOARD LEGISLATIVE ASSISTANTS PRANK f I/ 9 S I L ' TIIANNA MARKS bIs TAI January 6, 2014 To: Gerry Chwalinski, City Clerk Please file the attached conditions for Food Store licenses in the Masten District at the next council meeting 1/7/14. Thank ou, D one Smi Majority Leader, Buffalo CommonCouncil Masten District Councilmember !° (CDItT1YCDIC Council CITY OF BUFFALO OFFICE OF MAJORITY LEADER DEMONE A. SMITH . MAJORITY LEADER MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 141 BUFFALO, NY 14202 - 3318 PHONE: 851 -5T45 • FAX: 851.5443 E -mail: dsmith ®city- buffalo.com Website: http: / /www.city- buffalo.com January 6, 2014 Re: Food Store Licenses in Masten District CHAIRMAN 6, BUDGE ( {� T l!�' EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES CIVIL SERVICE COMMUNITY DEVELOPMENT FINANCE RULES SPECIAL COMMITTEES WATERFRONT DEVELOPMENT MEMBER JOINT SCHOOLS CONSTRUCTION BOARD LEGISLATIVE ASSISTANTS FRANK GARLAND TIANNA MARKS COMMON COUNCIL IMPOSED DISTRICT -WIDE (MASTEN ONLY) CONDITIONS IN 2014: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMNLING(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 0001 SENECA GAMING CORPORATION December 17; 2013 VIA HAND DELIVERY The Honorable Byron Brown City of Buffalo Room 201 City Hall Buffalo, New York 14202 lV Update Regarding Seneca Buffalo Creek Casino r Dear Mayor Brown: As you know, SGC (and its subsidiary, Seneca Erie Gaming Corporation), together with the Nation and the City of Buffalo, entered into an agreement in October 2006. That agreement set forth certain projections and intentions with respect to operation of a permanent Buffalo Creek. facility. It is hard to believe that we are nearing the end of 2013. It has certainly been a whirlwind year, but we could not be more proud of what has been collectively accomplished at Buffalo Creek. This correspondence is intended to provide further updates relevant to our Buffalo Creek facility, including various aspects of our Employment, Marketing and Development/Construction accomplishments throughout 2013. We hope you find the content demonstrative of our ongoing commitment to work with the City to maximize our shared success. T. OPENING OF THE PERMANENT SENECA BUFFALO CREEK CASINO Much has happened since the parties first began discussing the development of an Inner Harbor casino. Seneca Gaming Corporation, its owner the Seneca Nation of Indians, and the City have all pressed on despite regional and national economic challenges. This year we completed the construction of our $130 million permanent Seneca Buffalo Creek Casino facility, with our grand opening on August 27, 2013. Construction lasted a total of approximately 13 months. It was completed almost two months. ahead of schedule. The project produced a total of 600 construction period jobs, with the construction period itself creating more than $32 million in wages and earnings by the Casino's development, `1. The Honorable Byron Brown December 17, 2013 Page 2 of 11 Today, we have more than 390 current team members working in downtown Buffalo, with an annual payroll of more than $52 million. As a company, Seneca Gaming Corporation spends more than $100 million annually with local vendors and suppliers of all sizes, supporting thousands of jobs Arid expanding our economic reach deep within Buffalo and the larger Western New York community. Partnerships have been — and will continue to be — essential to the success of this project. We would like to take this opportunity to once again express our gratitude to the City and its various departments involved in supporting this project from a professional and collaborative standpoint. We greatly appreciate the City's, neighborhood's, community organizers' and business members' time and efforts. The partnerships that have been established will continue well on into the future. Suffice it to say, the new Seneca Buffalo Creek Casino will complement the many outstanding nightlife options that Buffalo offers and will further enhance the visitors' experience in downtown Buffalo. Guests are now enjoying 808 of the latest slot machines and 18 table games. This period marks the first time in Buffalo's history that games like blackjack, roulette and craps are available downtown. It's a thrilling time and one that we are enjoying not only with our guests but also with the community at large. II. EMPLOYMENT HIGHLIGHTS The Seneca Gaming Corporation (SGC) remains committed to employing City of Buffalo residents, minorities and women at our Seneca Buffalo Creek Casino. Over the past year, SGC has held numerous publically advertised Job Fairs within the Buffalo and surrounding communities to recruit and hire Buffalo -based residents, minorities and women. Examples of various Job Fairs include: • SBCC Native American Community Career Fair Saturday, February 23` 10am to 3pm Native American Community Services (MACS) 1005 Grant St., Buffalo, NY 14207 • SBCC Virtual. Job Fair March 1" — March 31 SenecaCasinos.com • SBCC Career Fair Saturday, March 16' 10am to 4pm Burt Flickinger Athletics Center, ECC City Campus 21 Oak Street, Buffalo NY 14203 The Honorable Byron Brown December 17, 2013 Page 3 of 11 • SBCC Dealer Job Fair Wednesday, April 10 11:00 am to 3:00 prn ECC City Campus 121 Ellicott Street Buffalo, NY 14203 • SBCC F &B (Front of House) Job Fair Wednesday, May 8 t ' 11 am to 7pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 • SBCC Front of House Job Fair Saturday, May 18 loam to 3pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 • SBCC F &B (Back of House) Job Fair Wednesday, June 12 11 am to 7pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 Actual employment percentages of Buffalo residents, minorities and women nearly meet and typically exceed intentions and goals discussed in 2006. Highlights include (as of December 1, 2013): • Total Em to ees: 432 total employees compared to 66 total employees from last year • Percents a minor i : 44.68% (193 of 432 total employees) compared to "at least 25 %" goal f rom 2006 • Percentage women 48.84% (211 of 432 total employees) compared to "at least 8 %" goal from 2006 • Percentage resident in Buffalo 43.75% (189 of 432 total employees) The Honorable Byron Brown December 17, 2013 Page 4 of 11 In the same spirit, SGC publically advertised and held a series of vendor fairs /tradeshows throughout the past year to foster new and ongoing vendor partnerships. The tradeshows gave local companies of all sizes the opportunity to introduce their products and services to the Corporation and to learn about various business opportunities. Local businesses were invited to participate in the vendor tradeshows at no cost. They were invited to set up booths and to prequalify to do business with the Corporation. Many of the partnerships built throughout the tradeshows led to direct work with the Seneca Buffalo Creek Casino, including some of the food vendor partnerships with the Casino's restaurants. This is another way that the Corporation contributes to the local job market, directly and indirectly. Looking ahead and well beyond the expectations originally set out in the Fulton Street Agreement, SGC projects that $170 million in direct and indirect spending with local companies will result from the procurement of goods and services for the permanent Seneca Buffalo Creek Casino. We expect to continue our efforts and to achieve similar success as we move forward. II. MARKETING HIGHLIGHTS With the opening of our permanent facility, we expect to entertain more than 3.5 million visitors per year — further expanding our contributions to the growth and vitality of the Inner Harbor and the success of the City. Marketing of the Seneca Buffalo Creek Casino experienced a dramatic step forward with the late August, 2013 grand opening of the new permanent Casino. The introduction of the new Seneca Buffalo Creek Casino sparked a Grand Opening marketing effort and a new approach for marketing the City and the Casino going forward. Highlights of 2013 include: Ongoing efforts to increase patron growth outside the City of Buffalo, such that: • Almost 75% of Seneca Casinos email marketing is now targeted to patrons living more than 10 miles from the facility (93,000 emails); approximately 8.5% of total 2013 new Buffalo Creek player's club sign -ups were from Canada Advertising efforts to draw more Canadian visitors to the City of Buffalo, include: • The Seneca Buffalo Creek Casino webpage profiles a Things To Do page ht W://www senecabuffalocreekcasino .com/things -to -do featuring Local Attractions, Stay, Sports, Dining, Entertainmcnt/Nightlife, Shops plus links to Visit Buffalo Niagara and Niagara USA webpages; notably, over 40 area business are profiled on these pages. • Placement in Crossings, a lifestyle magazine dedicated to Canadian travelers whose itineraries include frequent border crossings (currently in market). The Honorable Byron Brown December 17, 2013 Page 5of11 • Placement in Niagara Today, a consumer lifestyle magazine distributed to mid -to -high income households in the Niagara Region, Canada (the winter edition). • Placement in The view, an alternative weekly newspaper in Hamilton, Ontario that mixes news and entertainment (currently in market). • Placement in Over 50 and Loving It! - The Seniors Review, a Niagara region publication devoted to issues of life and living important to readers in the prime of their lives (currently in market). • Co -op advertising campaign partnership with the Buffalo CVB (Visit Buffalo NY) to package and promote "Everything to Do" in the city of Buffalo and its surrounding area. • 15 second video placement plus scrolling events ticker in hotel in -room television advertising, that includes coverage in 8 major hotel brands located in Niagara Falls (over 2,600 hotel rooms). • Ad placement in 5 local publications in the Niagara Region including: Niagara Falls Review, St. Catharines Standard, Welland Tribune, Fort Erie Times and Pelham News (in market). • 30 second radio spots on 5 stations that cover the Niagara Region and spill into the local U.S. market including; 97.7 HTZ -FM, 105.7 CHRE -FM, 105.1 CJED -FM, 91.7 GIANT - FM and 95.3 CING -FM (in market). • introduced email marketing to 25,000 Seneca Players Club members who reside in Canada, within 75 miles of the Canada/U.S. border. • Broad -based Seneca Buffalo Creek Casino advertising through regular inclusion in the Seneca Niagara monthly direct mail newsletter and monthly email newsletter: • Distribution to more than 117,000 Seneca Players Club members who reside within a mailing area radius covering the province of Ontario (including Toronto), Canada, along with areas of central and western New York, western Pennsylvania and eastern Ohio. • Distribution of a monthly email newsletter to more than 125,000 email addresses. The Byron Brown December 17, 2013 Page 6of11 • Billboard Advertising: Billboards located near highway exits for the Casino are utilized and are to assist visitors and /or infrequent guests in easily accessing the property or to bring awareness that a new casino is now open in downtown Buffalo. Locations include (start date in parenthesis): 1 -190 Niagara St. Ext @ Hamburg St. (101112012) S/S 1 -190 @ 475 Louisiana (101712013) Elm St. Corner Swan F/S (911612013) 441 Louisiana St. Near Perry St. F/S (41112013) 441 Louisiana St. Near Perry St. FIN (1213012013) 235 Delaware Avenue Corner Chippewa F/N (7/1/2013) 3510 McKinley and Milestrip Rd. (4/l/2 013) EIS Fuhrmann Blvd @ 22 Simon (512712013) Bailey Ave. @ Buffalo Creek F/S (41112013) 147 Niagara St F/S (71112013) • Online web banner advertising is targeted to increase traffic and build brand awareness: • Banner Ad Placement in the Niagara Region, Buffalo and Rochester • Facebook Ad Placement in the Niagara Region, Buffalo and Rochester • Google AdWords I Bing I Yahoo! Placement in the Niagara Region, Buffalo and Rochester • Of equal importance, is our goal to stimulate increased visitors to the Buffalo area and to share those business opportunities with our Buffalo neighbors through strategic partnerships: • We have doubled our sign up free slot play bonus from $10 to $20 to draw more patrons to the downtown area. • Those who come to the City for dinner and a game /show, are encouraged to stay in Buffalo longer and to make a night of it. For example, after attending a sporting event or concert at downtown Buffalo venues including First Niagara Center, Coca Cola field and Shea's Performing Arts Center, visitors can present their ticket stub to receive free slot play at Seneca Buffalo Creek. This program is currently promoted through newsprint and radio ads in the Buffalo market, the Niagara Region and Canada. It is designed to be inclusive, inviting visitors to enjoy all that the City of Buffalo has to offer. The Honorable Byron Brown December 17, 2013 Page 7of11 • Another inclusive program that is designed to highlight Buffalo's local businesses is the Dining. Gift Card program. Seneca Player's Club members can exchange their points earned from gaming at any Seneca Casinos property for Dining Gift Cards from various Buffalo establishments including Duff's Wings, Franco's Pizza, Charlie the Butcher, Ilio DiPaolo's and Chrusciki Bakery. Point exchanges takes place at the Seneca Buffalo Creek Player's Club booth. • Seneca Buffalo Creek has initiated meetings with neighboring hotels and is developing a hotel partnership program whereby downtown Buffalo hotels can purchase free slot play vouchers at a discounted rate which the hotels may include with their offerings and sell as an entertainment package to prospective travelers. The goal is to implement in Q1 of calendar year 2014. In the meantime, hotel rooms at these neighboring hotels have been booked where guests from other Seneca Casino locations have asked for a night out in Buffalo. • Radio promotional giveaways and contests will continue to be coordinated with radio stations to maximize exposure for Seneca Buffalo Creek Casino and the downtown area. To draw interest from Canadian customers, promotional packages will include "other Buffalo" elements such as Walden Galleria Shopping and Buffalo Dining (scheduled to be in market in December 2013). III. DEVELOPMENT AND CONSTRUCTION HIGHLIGHTS Design, development and construction activities both on the Seneca Buffalo Creek Territory and within the surrounding neighborhood, serve as the year's capstone. Highlights include the following: New Permanent Casino Design and Construction. Recall that the nationally recognized casino and hospitality architectural firm Hnedak Bobo of Memphis, Tennessee was retained by the Corporation to design the new Seneca Buffalo Creek Casino. As of this date, the casino and parking garage are complete; the only remaining construction is completion of the site work in the footprint of where the old temporary casino was located. Work on those elements which include the Porte Cocherc, internal roadways, a VIP and valet parking lot, and a signature landscape element known as the Seneca walk, is well underway and depending on favorable weather is scheduled to be complete by the end of the year. o Integration with Local Communit . The new design, while smaller than the project proposed in 2008, is visually striking and has been purposefully planned to complement and fit into the surrounding neighborhood. Significant care has been taken to ensure that the project becomes an integral (not isolated) part of the local The Honorable Byron Brown December 17, 2013 Page 8of11 community, and great effort has been made in planning the site to promote attractive and ready access to other developments and businesses in the surrounding area. o - Coiffplementary to Neighboring Businesses With its close proximity to the Erie Canal Harbor Development, entertainment venues such as the First Niagara Center, Coca Cola Field and other local businesses in downtown Buffalo, the development has been designed to be complementyU complement rather than competitive to the other businesses and attractions in the surrounding community. As a case in point, the food and beverage amenities offered by Buffalo Savors Grill and BC Cafe within the Casino showcase several famous Buffalo branded dishes that will not only be attractive to local residents but be reflective of what Buffalo has to offer to those traveling in from outside the area: McCullagh Coffee, chicken wings from Duffs Famous Wings, Charlie the Butcher beef-on-week, Ilio DiPaolo's Italian favorites such as sandwiches and family- recipe sauces, Franco's Pizza, Chruseiki Bakery's desserts and pastries, and Sweet Melody's gelato. We also feature hometown beer taps and highlight local professional football and hockey teams in our signature hockey and lacrosse thorned Stixx Sports Bar. • Contributions to the City & Neighborhood. The basic program and layout of the Casino has been designed in consultation with our neighbors and with a concerted effort to seamlessly integrate our longstanding, historical relationships with one another. o A Foot in Both Worlds Extensive landscaping and streetscaping in and around the site, and in particular the Seneca Walk landscape feature at the corner of Michigan and Perry, pay homage to the history and culture of the Seneca Nation and welcome new guests into our experience. o Consideration for Environment; Responsible Con struction Activities Construction activities commenced in March of 2012 when the steel from the original construction site was carefully dismantled to make way for the new design. That activity is redolent of the fact that the design was carefully planned to make maximum use of the site preparation, site development, piles, foundations, utility and infrastructure improvements that were already in place when construction of the original casino was halted in the fall of 2008. o Infrastructure Improvements Importantly, both on and off -site infrastructure design and construction were undertaken and completed with the input of the City of Buffalo public works and engineering departments. All of the City's comments and requests were incorporated into the design and the final construction documents were submitted to the City of Buffalo for final approval. Construction related to the off - site infrastructure started immediately upon approval by the City and all of the work is complete with the exception of the Seneca Walk landscape, which is a feature element that is scheduled to be completed by the end of this year. Some, although certainly not all, of the improvements include: The Honorable Byron Brown 5� December 17, 2013 Page 9 of 11 ■ Installation of an on -site, below -grade storm water detention system to handle storm water flows, which benefits the City by alleviating Consent Order issues the City has with the USEPA related to the use of combined sewers in the downtown area ■ New water main and sanitary sewer extension, which the Corporation constructed down Marvin Street and a new sanitary sewer extension on Marvin Street that extends east down Fulton Street to a sanitary manhole at the intersection of Fulton and Chicago Streets t Complete reconstruction of Marvin Street between Perry and South Park. Reconstruction including the roadway, curbs, sidewalks and landscaping on both sides of the street; a section of Fulton Street that ties into Marvin Street was also reconstructed when it was discovered it was in very poor condition ■ The roads and intersections immediately bordering the site (Michigan, Perry, Marvin and South Park) were all milled and overlayed with new paving by the Corporation; the improvements also incorporated new turning lanes and signal adjustments as recommended by the traffic study that was conducted by the Corporation and reviewed and approved by the City In addition to the roadway improvements, construction of new sidewalks and curbs as well as streetscaping and lighting was undertaken around the perimeter of the Buffalo Creek Casino site. In order to ensure it coincided with the City's long term goals and standards, the design was developed in close consultation with the City's public works and engineering departments. The new wide sidewalks, landscaping, trees and lighting were designed not just to improve the aesthetics of the casino and surrounding neighborhood, but to greatly improve safety and walkability of the neighborhood in general and encourage the pedestrian connection of the casino to the other local development initiatives that are currently ongoing. At the request of the Common Council, improvements were also made to the sidewalks that are on the opposite sides of the street to the Casino; improvements mirrored those on the Casino side of the street and included sidewalk repair, installation of attractive street lighting and installation of trees at appropriate locations ■ Landscaping and beautification will continue to be incorporated into surrounding areas when the Corporation completes construction of the Seneca Walk that is a signature landscape element at the corner of Michigan and Perry; that work is scheduled to be complete by the end of the year The Honorable Byron Brown J December 17, 2013 Page 10 of 11 • $1 Million Commitment to Inner Harbor Community Development. Significant outreach has and continues to take place within the local community and brings integration and improvements beyond the Casino footprint. Last year, the Seneca Buffalo Creek Community Development Fund Advisory Committee ( "Committee ") awarded $1 million to support 17 organizations, businesses and community groups with community development, beautification, lighting, infrastructure and other improvement projects in the neighborhood surrounding the Buffalo Creek Territory. o The initiative, conceived by the Seneca Nation and funded by the Seneca Gaming Corporation, created an advisory committee comprised of members of the Nation, the Corporation and many community and business leaders who identified and sponsored a myriad of streetscape, beautification, and forward - looking planning projects in the Inner Harbor area. The Grant program's goal was to immediately assist with residential, commercial, area attractions and overall beautification and safety enhancements in this section of Buffalo. Grants funded fifteen (15) residential property and four (4) commercial property improvements in the Old First Ward. Two (2) long standing commercial businesses, Chef s and Dodman Company made exterior fagade enhancements and improvements to pedestrian and vehicular safety. Re -Tree of Western New York replanted trees that were destroyed by the October 2006 snow storm. Other vital attractions such as the Waterfront Memories Museum, the Historic Edward M. Cotter Fireboat, Buffalo Scholastic Rowing Association Center and a public bicycle program were given financial support by the grant program. Funds were also granted to develop critical plans such as the Commercial Revitalization Plan for Perry Choice Neighborhood and the Cobblestone Connector Streetscape Design. o In addition to planning the community projects, the various members of the Committee were kept apprised and asked to comment on the design of the Casino as it developed. Their suggestions were considered and where appropriately integrated into the design. This is especially the case with respect to the site and landscape plan where many adjustments were made so that the development as a whole would not merely serve an aesthetic purpose. The site and landscape planning was intentionally designed to serve as a catalyst for continued urban development in the surrounding area. Formation of the Seneca Commission for Economic Development (SCED). Earlier this year, the Seneca Nation Tribal Council established the Seneca Commission for Economic Development to help stimulate economic growth —both in the Seneca Nation Territories and throughout western New York. One of SCED's initial priorities is to engage in economic development initiatives in the gaming facilities' host communities, including Buffalo. Governed by a diverse board of commissioners, including Buffalo -area business and civic leaders, SCED is currently involved in market and feasibility studies to evaluate various development opportunities. Theunoiable Byron Brown December 17, 2013 Page 11 of 11 We are pleased with the progress to date. It is especially striking when one considers all that has been invested and accomplished without outside subsidies, tax breaks, or municipal or state government incentives of any kind. We are very proud of our record of economic impact and job creation in the past year — for Senecas and non - Senecas alike. We continue to be appreciative of the City's support, and we look forward to sharing many more future successes with our neighbors. Sincerely, Catherine Walker President and CEO cc: SGC Board of Directors Seneca Nation of Indians Seneca Commission for Economic Development Buffalo City Council RE j r14 i u �g�e7 0 N C v.✓c. . w n ,u n u owu �SUl4mitl��g� VVU I ;.; Waterfront Village Advisory Council PQ Box 292 Buffalo, NY 14201 -0292 City of Buffalo January 6, 2014 Mayor Byron Brown Waterfront Common Council Members Darius Pridgen and David Franczyk Kimberly Trent, Special Events Joe Mascia, Buffalo Municipal Housing Authority Commissioner Buffalo City Clerk Filing Office t/ Ladies and Gentlemen: ti The purpose of this letter is to summarize the concerns and recommendations of the representatives of Waterfront Village Advisory Committee that consists of the residents from ten (10) Community Associations (Admiral's Walk, Breakwaters, Gull Landing, Harbour Pointe, Lakefront Commons, Marina Park, Pasquale, Portside, Rivermist and Waterfront Circle) as well as the Joe Mascia, BMHA Commissioner who resides in and represents the Marine Drive Apartments, Inc. also located within the Waterfront. Our concerns relate to the number of events, communication with the Waterfront Community, designated routes and the staffing of the special events held within the waterfront area. While the general consensus is that such special events can provide a positive image for the City of Buffalo in promoting health & wellness, comadarie /community, and promotion of the local waterfront areas, it also comes with a burden for those who reside or work within the area. Our concerns include the increased number of events being scheduled each year, the restrictions placed on residents regarding egress or ingress within their residences or workplaces, facilitation of emergency vehicles or resident medical personnel in fulfilling the need for emergency access and just as importantly the lack of authority figures such as police at key intersections to insure needed and safe passage during and after a special event. For all of the reasons outlined in the above paragraphs, a meeting was held with the various named association representatives to provide some suggestions to facilitate and improve upon the current process for the approval and implementation of special events in 2014. Our goal would be to implement recommended changes during 2014 and follow -up with a joint meeting of Community and City of Buffalo representatives at the conclusion of the 2014 calendar to further enhance the protocol for special events. In addition, we welcome any suggestions from City of Buffalo representatives, race /event organizers and our community leaders to solidify this recommendation as a "working model" for future events. While not listed in priority, the suggestions categorized below are representative of the types of changes that could be readily incorporated into the proposed "working special event model" such as..... 11 Designated Route Suggestions: a) Utilize one side of the street for race participants. b) Provide ingress /egress during the races in particular for emergency vehicles, resident medical personnel, scheduled airport flights, and other agreed upon pre - scheduled appointments. 't P,5 c) Direct racers coming from the Borth to divert from Delaware Avenue to Pearl Street at an appropriat4 re -entry point joining Marine Drive. Enter the waterfront roadway to the Observation Tower beyond (west) of Marine Apartments. This will allow ingress /egress to /from Lakefront Boulevard and Bingham Street on to the 1 -190. d) Dedicate half of Erie Street and Lakefront Boulevard for runners and the other half for motor vehicles. e) There Is no reason why any event should use Lakefront Boulevard or enter the Waterfront Village residential areas whose residents have only ONE MEANS OF INGRESS OR EGRESS given the number of alternative race locations. f) Provide one exit at Marine Drive east or west end. Do not block both ends of the street. g) Replace the previously removable barrier posts at each end of the bike path at LaSalle Park entry off of Lakefront Boulevard. For emergencies only, access to the bike path could be controlled by removing and replacing the barrier posts prior to and immediately after a special event. h) Start at the Naval Park and end somewhere else in lieu of starting and ending race in the same area 2) Number of Events Suggestions: a) Events should be cycled through other neighborhoods -no repeat year after year without some special significance such as Buffalo Marathon. b) Limit size of events to an agreeable amount of participants. An alternative site for larger events is the Coast Guard Base. 11 Staffing of Events Suggestions: a) Station a police officer at agreed upon key intersections to allow residents to pass through during a race or special event. Examples: Lakefront Boulevard and Erie Street, Bingham and Erie Streets as it was noted that when police are stationed at key intersections, the amount of waiting time is minimal. b) Provide for parking spaces /security under the 1 -190 along Bingham Street the night before the scheduled event for use by residents. c) Set up requirements with race organizers as to the number and location of Police in particular at agreed upon critical intersections. It was evident that volunteer staff for various races lacks an understanding of the protocol for the management of personnel and /or vehicles during an event. 4) Communication of Events Suggestions: a) Advise all residents well in advance of the planned 2014 Race /Special Events schedule within the Waterfront Village and Erie Basin Marina (minimum of 90 days). b) Provide for a "shortened" time window for ingress /egress from the Waterfront Village. Example: If a special event starts at 7:00 AM at Delaware Park and its planned route is through the Waterfront Village, don't close the roads at 6:30 AM when race will not proceed through the area until hours later. c) Establish a "protocol" for emergency as well as resident emergency personnel such as special identification. d) Designate a liaison from the Waterfront Village Advisory Council and Marine Drive Apartments to work with event organizers and police well in advance of the event. In closing, the above comments are suggestions that could become the discussion points for the planning of the 2014 special event schedule with the respective community, race organizers and City of Buffalo representatives. We look forward to the opportunity to further enhance the image of the City of Buffalo while accommodating 1 the needs of those residents most often impacted by the special events in creating a working special event model. If there are any questions or further information needed, please contact Frank Lysiak, Executive Director, WVAC, at the above address, cell phone 713 -0029 or e-mail flysiak @aol.com Thank you for your understanding and support Sincerely, Waterfront Village Advisory Council Representatives CC: Waterfront Village Advisory Council REFERRED TO THE COMMITTEE ON COMMUNITY OF Development• commissioner of public Works. Commissioner of Parking and Special. Mvents U� PETITIONS January 7, 2014 00$ J. Liu, Owner, Use 582 Grant- Change Use From Ice Cream Shop to Sit -In Restaurant and Food Store, With Sidewalk Cafes(No hrg)(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD V v , 40- - 7/ - �; S '4 -'2131 i NAME OF AGENT /OWNER /PHONE# ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT; PLEASE CONTACT THE CITY PLANNING BOARD (851 -5485) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Buffalo L "Square l : "' � c Z_ — C GC Building Application 65 Niagara Buffalo, NY 14202a C / (716)851 -4949 Fax(716)851 -5472 Date I Time By Date I Time By Report Date 12/26/2013 11:24 AM Submitted By DAVID GRUNDY Pag 1 A1P # 200798 Staues Date I Time By Date I Time By Processed 09120!2013 15:33 GRUND Temp COO Issued COO Final Expires Associated Information Type of Work # Plans 0 — Valuation Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name ascription of Work ZBA APRROVED, SECTION 511 -28, FOR COMMERCIAL USE FIRST ALLOWED IN A DISTRICT. DISTRICT IS R2.; COMMON COU..NC)L APPROVAL ;;' IRED FOR SIDEWALK 115E FOR ",, NO PU81_iC;HEARIIVG REQl11RPD N6 FEE `CHANGE OF USE - IN A PORTION OF A 1 STORY FRAME COMMERCIAL BUILDING, CHANGE USE FROM ICPCREAM SHOP TO'SIT -IN RESTAURANT AND FOOD STORE, WITH SIDEWALK CAFES TO THE FRONT AND RIGHT SIDES OF BUILDING. OTHER USES- LAUNDROMAT, OFFICE, STORAGE, PARKING- REMAIN. PLANS REQUIRED. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description al ;P Sgt '` ¢ to '� t�b r 5 a �rh Address 582 GRANT BUFFALO NY 14213- I Location �d'lg 1 r G y a ,g a J 'I� =- f� A' = 1 17 N� 1 €a� �- iT` ': r f ' �, kl� �r� Contact ID AC1225400 Name ROBERT J CARUSO Mailing Address 584 GRANT STREET Organization City BUFFALO State /Province NY ZIP/PC 14213 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC27936 Name CARUSO ROBERT J Mailing Address 584 GRANT ST Organization City BUFFALO State /Province NY ZIP/PC 14213 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 10/2812007 To Conta ID AC201199 Name JIMMY LIU Mailing Address 304 HIGATE DR Organization City DALY CITY State[Province CA ZIPIPC 94015 Country USA ❑ Foreign Day Phone (415)885 -1438 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 12/2212013 To City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 12126/2013 1 1:24 AM Submitted By DAVID GRUNDY Page 3 Check Open Cases ZONING BOARD FEE APPLICATION FEE FINE FEE GC PLAN REVIEW - ASSEMBLY GC PMT, INSP, C OF O FEE - ASSEMBLY GC PMT, INSP,C OF O - INITIAL FEE 0 P 10!0212013 11.26 P 10102/2013 11:26 U U U U Total Unpaid 440.00 There are no Inspections for this Report 634169 BCODEREV 1 Incomplete ❑ 09/20/2013 95:33 634170 FPLAN 1 Incomplete ❑ 09/2012013 15:33 634171 PPLAN 1 Incomplete ❑ 0912012013 15:33 634172 ELECTRICAL 1 Incomplete ❑ 09120/2013 15:33 634173 ELEVATORS 1 Incomplete Q 091201201315:33 634174 ZONVARI 1 Approved Q 0912012013 15:34 642353 CC APP 1 Incomplete Q 12/26/2013 11:19 for sidewalk patio use ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Tree over 4" 4' E . A Restricted Use Permit E) Restricted Q Other ❑ Check at ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Subdivisions Environmental Review Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Comments ❑ N E P A No Comments City Survey PRI OR AP PROVALS ❑ Address Permit Law Office Modified Date/Time 09/2012013 15:32 Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events L) Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin OfficelApts R4 L) First Insurances Checic ❑Public Works approval E) Curb Cuts ❑ Beauty Parlor R2 L) Notarized Permission/ for portable sign y ear p gn one E) Encroachment ❑ Canopy /Marquee ROW Lease showing se $ ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer141Ua #er Cut Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Tree over 4" 4' City Planning Restricted Use Permit E) Restricted Q Other ❑ Check at ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board L) Preservation District ❑ Zoning Variance ❑ Urban Renewal ❑ S. E. Q. R.A. ❑ N E P A ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development n Plnnei Pln'n ❑ Insurances Check f1 Tltln ". ❑ New Water Supply Total Paid 75.00 50.00 0.00 120.00 120.00 200.00 125.00 1 1125/201 3 00:00 11/25/2013 00:00 GRUND Regular Committees January 7, 2014 h ^ CO CIVIL SERVICE (Bonnie E. Russell, Chairperson) January 7, 2014 0002 T Appoint Equipment Operator (Prov)(Max)(Campeau)(PW) (ccp# 30, 12123) Mrs. Russell moved That Communication 30 of December 23, 2013, be received and Filed and that the Provisional' appointment of Jeffrey Campeau, 407 Huntington Ave, Buffalo, NY 14214 at the Maximum Salary of $38,615.00 is hereby approved PASSED AYES-9 NOES-0 S Recommended by the Committee on Civil Service �� � I V * NO FONTANA FRANCZYK * * * E LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -1 [ MAJ - 5] [213 - 6] [314 -7] 000� Appoint Truck Driver (Temp)(Inter)(Simmons)(PW) (ccp# 31, 12123) Mrs. Russell moved That Communication 31 of December 23, 2013, be received and Filed and that the Temporary appointment of Christopher Simmons, 606 Kensington Ave, Buffalo, NY 14214 at the Intermediate Salary of $24,341.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service & lals MA C �o *AYE* NO FONTANA FRANCZYK * * 0 E * LOCURTO * PRIDGEN * RIVERA RUSSELL SCANLON SMITH [ ------------ ] [MAJ- 5] [213 - 5] [314 - 7] 000` 3 Notices of Appointments- Temp/Prov/Perm ccp# 42, 12123 Mrs.Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED 1 Recommended by the Committee on Civil Service Al` 0 I01iki l_1 (Richard A. Fontana Chairman) January 7, 2014 ()0`w Buffalo Water Board - Contract Year 4 ccp# 44, 12123 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance /1 000 2 M. Holman -Stop the Violence Coalition Inc. Pursue Lease at 1532 Genesee St ccp# 43, 09/1' Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED 1 z2z'/' . Recommended by the Committee on Finance 00 1 2�(n S. Colon - Development of City Funds From JP Morgan Chase Bank ccp# 90, 09/04 1VIr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED �_ Z-11" Recommended by the Committee on Finance nS 4 n COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) January 7, 2014 NO. 27 Report of Sale — 130 Hawley, 132 Hawley and 134 Hawley (North)(Strat Plan) (Com #16, Dec 23) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development. Adopted. Recommended by the Committee on Community Development Chairman f� LEGISLATION (Christopher P. Scanlon, Chairman) January 7, 2014 0008 0. P. Scholl, Agent, to Use 2190 South Park to Add a Take -Out Restaurant to a Custard Stand in the South Park Business District (South)(DPIS) (Item No. 48, C.C.P., Dec. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of P. Scholl, Agent, to alter the use of a custard stand located at 2190 South Park to include a restaurant (take -out only) in the South Park Business District. PASSED Recommended by the Committee on Legislation.�,t,` Ohar an C:\ UsersVmcinskiUppDatalLocallMicroso $1Windows\Temporary Internet Files\Content.Outlook%OX32QV W61Alter use 2190 South Park.doax *A-YE* NO FONTANA FRANCZYK JG OMB LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 l * (� [213 - 6] [314 - 000 1- 6 11 9 1?/ N. Alhomski, Owner, to Use 502 Elmwood to Reestablish a Restaurant in the Elmwood Avenue Business District (Nia)(DPIS) (Item No. 49, C.C.P., Dec. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of N. Alhomski, Owner, of 502 Elmwood Avenue to reestablish a restaurant in the Elmwood Avenue Business District. ['NX -001 Recommended by the Committee on Legislation C 'rman J C:SUursVmcinsidVAppDetalLarai MicrosoftSWindoivs %Temporary Sniemet FilsslContenL4utlook10X32QV W6lReeslablish mstaumnl 502 Elmxaaddmi *AYE* NO * FONTANA FRANCZYK OM * * * LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH -------- - - - - -] [213 - G] [ 3/4 - 7 ] �� f r 000 0 S. Mucino, Owner, to Use 765 Elmwood to Open Existing Restaurant in the Elmwood Avenue Special Zoning District (Del)(DPIS) (Item No. 50, C.C.P., Dec. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That pursuant to Section 511 - 561)(1) of the City of Buffalo Code, the Common Council hereby approves the application of S. Mucino, Owner, of 765 Elmwood Avenue to open an existing restaurant in the Elmwood Avenue Special Zoning District under new management. PASSED Recommended by the Committee on Legislation airman C.lUsenHmcUL4di AppTiataEocal7MiemsoftSWindmslTempomTy Intemet FileslCommBLOadoak1OX32QVW64Cg3 n 26camam 765 ElmnvW docx 10 12 *AYE* NO FONTANA * FRANCZYK G K * * * LOCURTO PRIDGEN RI VERA RUSSELL SCANLON SMITH [MAJ- 5} [213 - 61 [314 -7] 00031. V Reappointment of Department Heads Pursuant to §5 -4 of the City Charter (Mayor) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby reconfirms the following mayoral appointments of department heads, effective January 1, 2014: • Timothy A. Ball, Corporation Counsel • James Comerford, Commissioner of Permits and Inspection Services • Daniel Derenda, Commissioner of Police • Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs • Kevin Helfer, Commissioner of Parking o Steven J. Stepniak, Commissioner of Public Works, Parks and Streets • Garnell W. Whitfield, Jr. Commissioner of Fire PASSED Recommended by the Committee on Legislation irman C:1Usetsllmcinski\AppData\ Local lMicrosoftlWindows\Temperary Internet Files\ Content, Oat1ook1OX32QVW6 dDepartment Heads.d= 7 *AYE* NO FONTANA FRANCZYK * * * Gi E LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SWTH [------ -- -- - - -] [MAJ- 5] * �� [213 - b] [ 314 - 71 � 1 4 0003 NO. SEAR Negative Declaration Ganson Entertainment(PlanBd) (Corn 10, Dec 23) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the item be Received and Filed. Adopted. L Recommended by the Committe e on Legislation airman � v Agreement for Purchase, Installation and Maintenance of License Plate Readers (Police) (Item No. 32, C.C.P., Dec. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept the following grants for the installation and utilization of fixed license plate readers: COPS TECH GRANT 2008: 20910007 - 474100 -10394 COPS TECH GRANT 2009: 21030006- 434000 -10466 That the Common Council hereby authorizes the Commissioner of Police to enter into a contract between the Buffalo Police Department and Federal Signal Corporation for the installation of fixed license plate readers in an amount not to exceed $219,873.00. Recommended b the Committee on Le islation <' Reco y g h 'ftnan C:I➢ocuments and Senhgsldehnue ccal SetUgslTempet er pintemet Files%OLKlDtiLicenm plate re demdacx *AYE* NO * FONTANA FRANCZYK LOCURTO PRiDGEN * RIVERA RUSSELL SCANLON SMITH [-------- - [MA7- - - - -I 5] *L/* [213 - 6] [314 - 7] 00103`1 G` 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)(DP1S) (Item No. 34, C.C.P., Nov. 12, 2013) Mr. Scanlon moved: That the above item be, and the same is hereby returned to the Common Council without recommendation: That the Common Council hereby authorizes the Commissioner of the Departmento f Permits and Inspection Services, pursuant to Section 511- 67(A)(4) of the City Code, to issue a restricted use permit to erect a two -story steel and concrete skating rink, exhibition hall and offices with parking at 359 Ganson Street in the Buffalo Special Review District, subject to the conditions that the permit holder: 1. Place signage on both Ohio & Michigan Streets to guide the RiverWorks' guests as well as general public and industrial users to their respective destinations; 2. Implement sufficient security and traffic control at the pond hockey event, including but not limited to, payment to the City of Buffalo to cover all Buffalo Police Department overtime costs incurred as a result of the pond hockey event; 3. Provide demonstrable proof that the pond hockey event will have shuttles available at RiverWorks' sole expense in sufficient quantity and capacity to move the pond hockey participants and attendees from distant parking areas to the pond hockey event; 4. Ensure that the sidewalks in the area are cleared of snow where determined necessary by the Commissioner of Public Works, Parks and Streets to facilitate safe access to the venue; and subject to the further condition 5. that, if a safety agreement, detailing necessary conditions, procedures and improvements for the continuation of the restricted use permit beyond the last day of the pond hockey tournament is not reached with the Department of Public Works, Parks and Streets, the restricted use permit shall lapse. PASSED Recommended by the Committee on Legislation C 'rm \`k *AYE* NO FONTANA FRANCZYK * * * GOLOM EK * LOCURTO PRIDGEN RTVERA RUSSELL * SCANLON SMITH [-------- - - - - -] [MA.I- 5] 213 - 6 ** [314 - 7] 0003 Restricted Use Permit — 75 W. Chippewa (Ell) (City Clk) (Item No. 35, C.C.P., Dec. 10, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That 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 January 17, 2014 is approved. PASSED Recommended by the Committee on Legislation C irrnm C'.SUwmUImcir skt�AppUallV.oc l Microsofl4 WindonsVTemperary lctemet Piles%CantencOnUook1OX32QV W61Reslricted Use Pemti175 W Chippn}a 1 -17 -54 mnt.dmx *AYE* NO FONTANA FRANCZYK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 * (� [213 - 6] [314 - 7] 0 U0� J Restricted Use Permit — 75 W. Chippewa (Ell) (City Clk) (Item No. 36, C.C.P., Dec. 10, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That 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 January 31, 2014 is approved. PASSED Recommended by the Committee on Legislation an \ C:% Usemurainslou ppDamU. acaIMicmwft \WindaiNs5Tempernrylnte=t Fll %4Cantent.Dullok5OX32QVW6VRest cted Use Permit 75 WCluppena 1-7144e nl.dxz T *AYE* NO FONTANA * _* * * * FRANCZYK * * * WL01QBEK * _ LOCURTO * *_ * * * FRIDGEN * * * RIVERA * * * RUSSELL * * * SCANLON SMITH [ MAJ - 51 [213 - b] [3/4 - 71 RESOLUTIONS January 7, 2014 0003") RESOLUTION By: Mr. Golombek Date: January 7, 2014 Re: Extending the Public Comment Period of the Draft Environmental Impact Statement for the NY Gateway Connections Improvement Project Whereas: The U.S. Federal Highway Administration and the New York State Department of Transportation are conducting an Environmental Impact Statement for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza in accordance with their responsibilities under the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act; and Whereas: The public comment period for the 2,083 -page Draft Environmental Impact Statement for the NY Gateway Connections Improvement Project opened on November 15, 2013 and closes on January 13, 2014; and Whereas: Numerous religious and federal holidays fell during the period of November 15, 2013 to January 13, 2014, restricting the amount of time that many citizens of Buffalo had to review and interpret the 2,083 pages of technical information contained in the Draft Environmental Impact Statement; and Whereas: Significant public controversy surrounds the NY Gateway Connections Improvement Project, as many citizens of Buffalo and prominent community environmental organizations have criticized the merits of the project and its impact on the health and welfare of the children and adults living nearest the project site; and Whereas: Of the 15,000 residents who live within a one -mile radius of the project site, 69% are minority, 47% live below the poverty line, and 10% have no English or Spanish language proficiency, but speak one of over 40 other languages; and Whereas: Despite the language barrier, the U.S. Federal Highway Administration and the New York State Department of Transportation have only issued project materials in English and Spanish, excluding 10% of the entire population from accessing project materials; and Whereas: The asthma rate among children and adults living nearest the project site is four times the national average, which multiple peer reviewed university medical research studies attribute to operations at the Peace Bridge; and Whereas: Recent media investigations into the NY Gateway Connections Improvement Project have exposed significant inconsistencies that challenge the integrity of the environmental review processes being administered by the U.S. Federal Highway Administration and New York State Department of Transportation for the project; and Whereas: Denying the public adequate time to review project materials and respond appropriately under these circumstances would place an unnecessary hardship on a community that has actively participated in the public process involving the Peace Bridge crossing for over 20 years; and Whereas: Pursuant to the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act, the U.S. Federal Highway Administration and the New q� 0 1 °1 York State Department of Transportation, respectively, have the authority to extend the deadline for public comment periods and have done so in the past under circumstances far less complicated than that which surround this project; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally requests that the U.S. Federal Highway Administration and the New York State Department of Transportation extend the public comment period for the NY Gateway Connections Improvement Project to the U.S. Plaza for an additional 45 days, from January 13, 2014 to February 28, 2014; further publicize the project materials and website, and the community's ability to provide comment; and perform outreach to the 10% of nearby residents with no English or Spanish proficiency; and Be it Finally Resolved: That a copy of this resolution be forwarded to Administrator Victor M. Mendez of the U.S. Federal Highway Administration; Commissioner Joan McDonald of the New York State Department of Transportation; Daniel Street, Robert Davies, and Maria Lehman of the of the New York State Department of Transportation; Associate Director for NEPA Oversight Horst G. Greczmiel of the White House Council on Environmental Quality; and Region Il Administrator Judith A. Enck of the U.S. Environmental Protection Agency, Joseph Golombek, Jr. REFERRED TO THE COMMITTEE ON CONIMU iTY DEVELOPMENT. 00038 61D 1 RESOLUTION Sponsors: Mr. Golombek, Jr. Date: January 7, 2014 Subject: Request investigation by the White House Council on Environmental Quality and the U.S. Environmental Protection Agency into the Environmental Review Processes Undertaken for Peace Bridge Related Projects Since January 1, 2012- Pursuant to the National Environmental Policy Act of 1969, as amended; Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations); and Title VI of the Civil Rights Act of 1964 Whereas: The U.S. Federal Highway Administration and the New York State Department of Transpoitation.are conducting an Environmental Impact Statement for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza pursuant to the National Environmental Policy Act of 1969, as amended; and Whereas: Significant public controversy surrounds the NY Gateway Connections Improvement Project, as many citizens of Buffalo and prominent community environmental organizations have criticized the merits of the project and its impact on the health and welfare of he children and adults living nearest the project site; and Whereas: Of the 15,000 residents who live within a one -mile radius of the project site, 69% are minority, 47% live below the poverty line, and 10% have no English or Spanish language proficiency, but speak one of over 40 other languages; and Whereas: Despite the language barrier, the U.S. Federal Highway Administration and the New York State Department of Transportation have only issued project materials in English and Spanish, excluding 10% of the entire population from accessing project materials; and Whereas: For projects in other communities with fewer minorities and persons living below the poverty line, the U.S. Federal Highway Administration and the New York State Department of Transportation have conducted more thorough and inclusive environmental review processes pursuant to the National Environmental Policy Act of 1969, as amended; and Whereas: The asthma rate among children and adults living nearest the project site is four times the national average, which multiple peer reviewed university medical research studies attribute to commercial truck traffic accessing the Peace Bridge international border crossing; and Whereas; The original purpose of the NY Gateway Connections Improvement Project, as stated in and official project use o flocal streets s interstate traffic. However, he goal to improve air quality t is no longer reducing the use f local y included in the project's stated purpose; and Whereas: Recent media investigations into the NY Gateway Connections Improvement Project have exposed significant inconsistencies that challenge the integrity of the environmental review processes being administered by the U.S. Federal Highway Administration and the New York State Department of Transportation for the project; and Whereas: Recent media investigations into a Peace Bridge neighborhood air quality study released ) by the New York State Department of Environmental Conservation on October 9, 2013 exposed that the study includes misleading, inaccurate, and incomplete information. The findings of the study were reliedV upon for the air quality analysis included in the 2,083 -page Draft Environmental Impact Statement for the NY Gateway Connections Improvement Project, and preliminary findings were used by he U.S. General Services Administration for the air quality analysis included in their 35 -page Categorical Exclusion document for the Renovations and Addition to the Commercial Building, Peace Bridge Plaza Project released on November 15, 2012; and Whereas: The National Environmental Policy Act of 1969, as amended, requires that federal agencies "rigorously explore and objectively evaluate all reasonable alternatives... [and] include reasonable alternatives not within the jurisdiction of the Lead Agency." There are multiple projects that are underway or plann for the Peace Bridge, adjacent properties, and other nearby international border crossings. Of the environmental reviews completed in the last two years pursuant to the National Environmental Policy Act of 1969, as amended, none have adequately examined cumulative impacts, and in several instances, the public announcement of projects has been staggered, thereby obscuring the government's responsibility to conduct a cumulative impacts analyses; and Whereas: Pursuant to the National Environmental Policy Act of 1969, as amended, the White House Council on Environmental Quality is responsible for ensuring that federal agencies meet their obligations under the Act; and Whereas: Pursuant to Executive Order 12898 (.Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations), federal agencies must identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low - income populations and provide minority and low - income communities access to public information and public participation; and Whereas: Pursuant to Title VI of the Civil Rights Act of 1964, discrimination is prohibited on the basis of race, color, and national origin for programs and activities receiving federal financial assistance; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally requests that the White House Council on Environmental Quality and U.S. Environmental Protection Agency investigate the environmental review processes underway or completed since January 1, 2012 by federal agencies for projects associated with the Peace Bridge international border crossing pursuant to the National Environmental Policy Act of 1969, as amended, for total compliance with the Act, as well as with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations) and Title VI of the Civil Rights Act of 1964. Be it Further Resolved: That the Common Council of the City of Buffalo formally requests that the U.S. Federal Highway Administration and New York State Department of Transportation suspend the Environmental Impact Statement process of the NY Gateway Connections Improvement Project until the White House Council on Environmental Quality and U.S. Environmental. Protection Agency complete the above - requested investigation. Be it Finally Resolved: That a copy of this resolution be forwarded to Associate Director for NEPA Oversight Horst G. Greczmiel of the White House Council on Environmental Quality; Region II Administrator Judith A. Erick of the U.S. Environmental Protection Agency; Administrator Victor M. Mendez of the U.S. Federal Highway Administration; Commissioner Joan McDonald of the New York State Department of Transportation; and Daniel Street, Robert Davies, and Maria Lehman of the of the New York State Department of Transportation. REFERRED TO THE COMMITTEE ON COMMUNITY EVELOPME T Joseph Golombek, Jr. North District Councilmember �DO 00039 Resolution Sponsor: Michael J. LoCurto Re: Waive Permit Fees for Olmsted Flurrious! Winter Festival 2014 Whereas, the 0 annual Olmsted Conservancy's Flurrious! Winter festival will be held on Saturday, February 1 2014 in Delaware Park from gam until 6pm; and Whereas, This free, family - friendly event celebrates Buffalo winters in a way that encourages the community to come out and enjoy both spectator and participant sports, including kickball, bicycle, riding, a quidditch tournament, snow golf and many children's activities, such as coloring and science demonstrations; and Now, Therefore, Be it Resolved That: The City of Buffalo Common Council hereby waives all permit fees associated with holding Olmsted Conservancy's 4 Annual Flurrious! Winter Festival on February 1 2014 in Delaware Park from 9am to 6pm; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. P MICHAEL oC Delaware Distr Councilmember t b� 0 * NO FONTANA FRANCZYK LOCURTO PRiDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] [ MAJ - 5 ] [213 - b] [314 - 7] BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 21— FIRE DEPARTMENT 1135 — FIRE ALARM & TELEGRAPH The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 21 -1135 — Alarm & Telegraph which currently reads: Fire AIarm Dispatcher $ 75,890 Senior Emergency Services Fire Dispatcher $ 32,618 - $ 54,364 Is hereby amended to read: 2 Fire Alarm Dispatcher $ 75,890 2 Senior Emergency Services Fire Dispatcher $ 32,618 - $ 54,364 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GARNELL W. WHITFIELD, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED ��� APPR VED AS FORM Corporation Counsel "IARNELL ITFIELD COMMISSIONER OF FIRE DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS ` V ■ y 09- 18 -'13 13:31 FROM- CITY OF BUFFALO BUFFALO FIRE DEPARTMENT B'Y'RON W. BROWN MAYOR September 17, 2018 Donna Estrich, Commissioner Administration, Finance, Policy and Urban Affairs 203 City Hall Buffalo, NY 14202 Dear Commissioner Estrich: T -810 P0001/0001 F -075 GARNELL W. WHITFIELD, JR. COMMISSIONER VINCENT R. GUGLIU2+7A D8puty COMMISSIONER JOSEPH J. TOMIZZI I)SPUTY COMMISSIONER I respectfully request the creation of the new position of "Senior Emergency Fire Dispatcher" to replace the vacant position of "Dispatcher" in our Alarm Office. As per our agreement with Local 264 and Local 282, Local 282 positions in our Alarm Office shall be replaced with civilians in Local 264 upon these positions being vacated by uniformed 282 members. Funding for this new position will come from the elimination of the vacant Local 282 Dispatcher position, 'Sincerely, W Garnell W. Whitfield, Jr. Commissioner of Fire GWW /sa 195 COC.Irr &JIMST / BUFFALO, NY 142024692 / (716) $514333 / FAX: (716) 851 -4364 / wuwxity- bufEaloxau *AYE* NO FONTANA FRANCZYK * * * * * * LOCUM O PRIDGEN RIVERA RUSSELL SCANLON SMITH [ MAJ - S ] U [213 - b] [314 -7) 000 4 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 55— PERMITS & INSPECTIONS 1151 — LICENSES & PERMITS 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 65 -1151— Licenses & Permits which currently reads: Typist $ 30,507 - $ 33,526 Is hereby amended to read: Senior Account Clerk Typist $ 31,418 - $ 36,079 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS IIEREBY 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 JAMES W. COMERFORD, COMMISSIONER OF PERMITS AND INSPECTIONS AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. �� t�' �4ZD!2�1 - 'V . . u: •; APf ED AS TO Corporation Counsel Times New Roman AMES W. COMERFOI. COMMISSIONER OF PERMITS & INSPECTIONS ' DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS \1\ � *A._YE* NO EONTANA FRANCZYK GOLOMBEK * * * LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] * _ [MAJr- 5] * *� [213 - 6] [3/4 - 71 0004 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: 1 Senior Legislative Assistant $ 46,083 1 . Legislative Assistant $ 41,163 Is hereby amended to read: Senior Legislative Assistant Assistant Legislative Aide $ 46,083 $ 27,018 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, 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. This Amendment is to be effective January 20, 2014. P B W N % b; 7�` APPRO ED AS 'I ORM Corporation Counsel GERALD CH INS CITY CLERK DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS Estrich,Donna From: Lehner,Christine Sent: Monday, December 30, 2013 1:32 PM To: Estrich,Donna Cc: Chwalinski, Gerald Subject: - Budget Amendment Please prepare a Budget and Personnel Amendment for Councilmember 13 From 10114001 411001 1 Legislative Assistant $41,163.00 1 Sr Legislative Assistant $46,083.00 To 10114001 411001 1 Sr Legislative Assistant $46,083.00 1 Assistant Legislative Aide $27,018.00 This change should be effective January 20, 2014. Chris Lehner Sr. Council Clerk City Clerk's Office 716 -851 -5436 0 *AYE* NO * FONTANA FRANCZYK * GOLOMBEK * '" k � * LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH [-------- - - - - -] [213 - G] [3/4 - 7 ] 00043 RESOLUTION Sponsors: Christopher P. Scanlon Date: January 6, 2414 Subject: Waive Park Building Use Fee for Monthly South Buffalo Coalition Meetings at Tosh Collins Community Center WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Coalition Meeting is a monthly meeting that gives South Buffalo Block Club Leaders, civic organizations, A- District Community Police Officers, and elected officials the opportunity to come together and discuss issues pertinent to quality of life in the South District; and WHEREAS, These meetings are held the final Monday of every month at Tosh Collins Community Center; and WHEREAS, The South Buffalo Coalition is not for profit and greatly benefits the South Buffalo community as a whole; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works, Parks, & Streets waive the Park Building Use fee for all of the South Buffalo Coalition meetings scheduled in 2014; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. "490Z i P. � Scanlon C"t ' South District Council Member u *AYE* NO * FONTANA FRANCZYK * * * * LOCURTO PRIDGEN RNERA RUSSELL SCANLON SMITH [-------- - - - - -] [MAJ- 5 ] * �* [213 - bj [314 - 7J Q0®� No. By: Mr. Smith Council Member Golombek Excused From Council Meeting RESOLVED: That Council Member Joseph Golombek, Jr., be and hereby is excused from attendance at the Common Council Meeting of January 7, 2014. rAs•11JUa fl, S.� f 0004 BY: DEMONS 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. Malcolm Aaron Ertha Total: 1 Adopted 1107114 i 000V4' 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. Linda M. Bain Samantha Bobeck Robert Brandon Robert Davidson Richard Hall James C. Kennedy Robert J.McLennan Shannon Patch Keina Jackson Lauren Rivett Margaret Sinkiewicz TOTAL: 11 ADOPTED ON 1107114 f! 11 f 00047 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, January 14, 2014 at 9:45 o'clock A.M. Tuesday, January 14, 2014 at 10:00 o'clock A.M. Tuesday, January 14, 2014 at 1:00 o'clock P.M. Tuesday, January 14, 2014 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 setup 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. I 00045 No. Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK January 7, 2014