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Home My WebLink About15-0106NO. 1 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 6, 2015 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt— Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG MAYOR MAYOR — EXECUTIVE DATE Jan 6, 2015 FINAL 1. Plan Bd -SEQR Negative Declaration -769 to 781 Best St ADOPT 2. Plan Bd -SEQR- Negative Declaration -166 W. Chippewa /206 S. Elmwood ADOPT 3. Plan Bd -SEQR- Negative Declaration -891 Delaware Ave ADOPT 4. Plan Bd- SEQR - Consistant With Findings -400 Forest ADOPT 5. Strat Plan- Report of Sale -457, 459, 467, 469 Busti(Ell) APP COMPTROLLER 6. Interfund Loan - 2013 -14 Capital Budgets FIN PUBLIC WORKS 7. Permission to Hire Consultant(Acct Corr) -MLK Casino(Mas) APP 8. Report of Bid - Fluoridation System and Chlorine Scrubber Imp Project APP 9. Report of Bids -2015 St Tree Planting APP 10. Request Permission to Accept Funds Awarded to Design & Construct Services Provided By Bflo Olmsted for Improvements to MLK Park APP 11. Request Permission to Accept Funds From Bd of Elections for ADA Requirements at Various Community Centers APP POT.TC',F 12. Appoint Chief(Prov)(Menza) CS FIRE 13- 12A Purchase ATV With MMRS Grant Funds EVI 14- 13. Purchase of Learning Management Systems FIN 15- 14. Purchase of Snowmobiles During November Storm FIN CORPORATION COUNSEL 16- 15. Rano St -In Rem Sale and Clearing Title of Federal US Env Protection APP PERMITS AND INSPECTIONS 17- 16. Request Approval of Renewal Agmt for COB & Env Education for Asbestos Air Sampling Project Monitoring APP HUMAN RESOURCES 18- 17. Approval of Extension Agmt with Palladian Inc for the Provision of Employee Assistance Program for COB APP ZONING BOARD 19- 18. Approve Variance -903 Ellicott Mixed Used Building ADOPT CITY CLERK 20- 18A. Restricted Use Permit -69 W. Chippewa(Ell)(1 /15/15) APP 21- 18B. Restricted Use Permit -69 W. Chippewa(Ell)(1 /22/15) DENY 22- 18C. Restricted Use Permit -69 W. Chippewa(Ell)(2 /19/15) APP 23- 19. Notices of Appointment - Seasonal R &F 24- 20. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 25- 20A. K. Massey- Concerns TWC Rate Increases LEG PETITIONS 26- 21. C. Auerbach, Agent, Rezone 80,100,152 Forest and 12,14,16,18,22,24,26,28, 30,36,58,99999 Danforth St. to a R.4 (North) APP 27- 22. D. Pridgen -L. Wiggins & O -Fruit Belt Moratorium Filed By Benjamin Cashew RESOLUTIONS 49- 22AA Franczyk Disch Leg -CCP# 14- 2526 -Use Car Dealer- 50- 22AB Golombek,etc 1279 Genesee ADOPT D/C APP W /COND 51- 22AC Wyatt 52- 22A. Wyatt 53- 23. Wyatt TABLE ITEMS Objection to Time Warner Cable Rate Increase ADOPT Felicitation in Memoriam ADOPT Comm of Deeds -Public Duties ADOPT Comm of Deeds SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 28- 1. 14 -2523 Com Dec 23 Appoint Associate Engineer (Prov)(Inter)(Hapke)(PW) APP 29- 2. 14 -2524 Com Dec 23 Appoint Heavy Equipment Operator (Prov)(Inter(Monteleone)(PW)APP 30- 3. 14 -2525 Com Dec 23 Appoint Public Safety Dispatcher (Perm)(Inter)(Scanlon)(Pol) APP 31- 4. 14 -2532 Com Dec 23 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 32- 5. 14 -2513 Com Dec 23 Peer Review Audit(Compt) COMMUNITY DEVELOPMENT 33- 6. 14 -2440 Com Dec 9 LEGISLATION R &F 34- 7. 14 -2568 Res Dec 23 35- 8. 14 -2363 Com Nov 25 36- 9. 14 -2384 No Nov 25 37- 10. 14 -2385 No Nov 25 38- 11. 14 -2386 No Nov 25 39- 12. 14 -2387 No Nov 25 40- 13. 14 -2388 No Nov 25 41- 14. 14 -2311 No Nov 12 42- 15. 14 -2200 No Oct 28 43- 16. 14 -2203 No Oct 28 44- 17. 14 -2204 No Oct 28 45- 18. 14 -2098 No Oct 14 46- 19. 14 -2100 No Oct 14 47- 20. 14 -339 No Feb 18 48- 21. 13 -82 No July 23 R &F Report of Sale 208 Courtland(Univ)(Strat Plan) APP Ordinance Amendment -Ch 4175 Fees(Scanlon) APP Response Concerns Linwood Expansion(Pres Bd) R &F J. Gorman & Others - Letters in Support of Linwood Expansion R &F J. Massaro - Meeting Minutes -Bflo Fair Elections Committee R &F J. Paul- Expansion of the Linwood Historic District R &F T. Ross - Opposition to Expansion of the Linwood Historic District R &F E. Simonick- Concerns Linwood Expansion R &F J. Walkowski -NYS Office of Parks - Supports Expanding Linwood Historic Preservation District R &F S. Hodala- Support of Extension of Linwood Ave Preservation District_R &F D. Pridgen- Letters in Support of Extending Linwood Ave Preservation District R &F M. Romanowski- Linwood Historic Pres District Expansion R &F J. Massaro -Notes from BFE Committee Meeting 9/29/14 R &F M. Romanowski- Concerns Proposed Amendments to Linwood Historic Preservation District Expansion R &F J. Wingfelder, Agent, Use 785 Main St for a Wall & Ground Sign(Ell)(Hrg 2/25) R &F D. Pridgen- Concerns 16 South Cedar Street R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JANUARY 6, 2015 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Smith, Wyatt— 9 Absent — None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 6, 2015 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 SEQR NEGATIVE DECLARATION -769 TO 781 BEST ST Non Significance Negative Declaration Lead Agency: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEO.R, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Parkview Apartments Location: 769 to 781 Best Street, Buffalo, NY Type of Action: Type 1 Coordinated Description: The Action involves the conversion of an abandoned four -story school building into 26 apartments at the intersection of Best Street and Fillmore Avenue. Improvements to the building include a new roof, masonry cleaning and repair, and replacement of windows with a style that mimics the existing window construction. A coal room on the rear facade will be removed and a new elevator will be installed along the western facade. Site work includes abandonment of the curb cut along Fillmore Avenue, installation of a playground, restriping of the parking lot, new fencing around the parking lot, a dumpster enclosure, and new landscaping in the parking lot. The total site landscaping equals 18.7% As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reason Supporting This Determination; Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The conversion of this building will rehab a historically significant building and provide a highly visible investment adjacent to Martin Luther King Jr. Park. The project will not have a significant impact on air quality, the residential development will have minor air quality impacts resulting from heating and cooling systems. This is not a significant impact and would not require an air permit. The project will not have an adverse impact on ground or surface water quality or quantity. There is no increase in impermeable surfaces. The project will not have a substantial adverse change in existing traffic levels. The project is located in a developed urban area and would have a minor increase in traffic above current levels. Fillmore Avenue is able to accommodate a high volume of vehicles. Additionally, the project area is also served by public transportation. The project will not have a substantial adverse change in noise levels. The residential use is in keeping with the character of the area. The project will not have a substantial increase in solid waste production. The project includes twenty six residential units, which will include the production of residential waste. However, this will not be a significant amount. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project is consistent with the community's current plans and goals, including the redevelopment of existing buildings and the increase in the residential population. No adverse impact is anticipated. The project will improve the character and quality of a historic resource and is consistent with the existing community and neighborhood character. SHPO will review design plans for this property, no adverse impact is anticipated. The project will not have a major change in the quantity or type of energy used. There will be a minor increase consistent with residential and bakery use, but these impacts would not be significant. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The inclusion of twenty -six residential units is not significant. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 627.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marreo, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851 -5029 ADOPT NO. 2 SEQR NEGATIVE DECLARATION 166 W. CHIPPEWA/206 S. ELMWOOD This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Evergreen Health Expansion Location: 166 W. Chippewa /206 S. Elmwood, Buffalo, NY Type of Action: Type 1 - Coordinated Description: The Action involves the construction of a new 33,000 square foot, five -story building on a 0.73 acre site. The first floor will be used for the wellness center and the second floor will house the medical clinic. Floors three through five will be used as office space. Approximately 6.5% of the site would be landscaped, and the existing trees on the Right of way would be retained. One curb cut would be abandoned along Chippewa Street. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The expansion of the building will not have a significant adverse impact on the environment. The project will not have a significant impact on air quality, there would be a minor increase in heating and cooling for this facility, but is not considered to be significant. The project will have minimal adverse impacts on ground or surface water quality or quantity. The proposed site of the building is currently paved, no increase in stormwater is anticipated from construction of the building. The project will not have a substantial adverse change in existing traffic levels. The addition of 33,000 square feet is below the threshold that would generate 100 auto trips in the peak hour. This is not a significant impact. The project will not have a substantial adverse change in noise levels. There is no anticipated increase in noise at other properties other than during construction, which is a temporary impact. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project will not have a major change in the quantity or type of energy used. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The site is adjacent to a recreational trail, this segment is located on sidewalks amongst a variety of high traffic uses and would not impair the use or utility of the trail. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851 -5029 Dated: December 16, 2014 ADOPT NO. 3 SEQR- NEGATIVE DECLARATION -891 DELAWARE AVE Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEO, R - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEO,R, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Restoration of existing mansion and carriage house and construction of 2 luxury townhomes Location: 891 Delaware Avenue, Buffalo, NY Type of Action: Type 1 Description: The Action involves the restoration of an existing mansion and existing carriage house into a combined 5 luxury apartments. Both existing buildings will be restored to Department of the Interior standards. In the existing parking lot, two buildings containing two townhomes each, will he constructed with interior parking. Each townhome will be 3,000 square feet. The townhomes will be constructed on an existing parking lot and will result in an increase in greenspace when the project is complete compared to current conditions. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significanc identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3) . The potential impacts are not significant. The renovation of the existing buildings further enhances the historically significant neighborhood. Additional townhomes will not adversely impact an established residential area, the design of the buildings was reviewed by the City of Buffalo Preservation Board and approved. Additionally, the design of the new building would be consistent with the Secretary of interior Guidelines which states renovations for existing - buildings properties will not be undertaken." The standards also state "the new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment." The design of the townhouses does not try to replicate the historic nature of the residential structures to the north or south. The project will not have a significant impact on air quality. There will be heating and cooling units for the new construction; however this is not a significant impact and would not require an air permit. The project will have minimal adverse impacts on ground or surface water quality or quantity. The project will tie directly into the city sewer system. The existing parking lot will be removed and greenspace will be increased. Additionally, the amount of greenspace will also be increased and enhanced. Instead of cement or asphalt, a paver system will be constructing for driving and parking purposes. The project will not have a substantial adverse change in existing traffic levels. The project is located in a residential and commercial area. Additionally, there is a significant set -back on the property allowing exiting traffic to stay out of the main thoroughfare. The project area is also served by public bus routes. The project will not have a substantial adverse change in noise levels. The surrounding areas are either used for residential or commercial purposes. Due to the number of residential units on the property, there should be no change. The project will not result in the removal or destruction of large quantities Ofvegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project will not have a major change in the quantity or type of energy used. There will be a minor increase consistent with residential use, but these impacts would not be significant. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The use of the lot will be nine residential units, this is consistent with the character and use of the block which includes single family homes and multi - family residential buildings as well as adjacent commercial buildings. The site was most recently used as offices but was built for residential. Although the use of the site as multi - family residential is new, the site is zoned for multi - family and is consistent with adjacent land uses. The size of the proposed construction is consistent with surrounding development, does not introduce a new land use, create a need for new transportation water, or wastewater infrastructure, eliminate any habitat types, and will increase the amount of pervious surfaces on site, thereby reduce the impact of stormwater runoff; no significant adverse impact is anticipated. The project will not encourage or attract a large number of people to a place or place for more than a few days, compared to the number of people who would come to such place absent the action. Parking will be limited to residents and visitors. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include -two or more related actions undertaken, funded or approved by an agency, none of which of the criteria in 6 NYCCR 617.7(C)(i). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851 -5029 Dated: December 16, 2014 ADOPT NO.4 SEQRA- CONSISTENT WITH FINDINGS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEO.R - State Environmental Quality Review) of the Environmental Conservation Law. Reviewing Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEOR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Richardson Olmsted Complex Location: 400 Forest, Buffalo, NY Description: The Action involves the construction of a new building entrance, site plan improvements and construction of parking lots for the first phase of redevelopment of the complex which includes a hotel and conference center. All renovations and modifications were reviewed by the National Park Service. As a Result of this Environmental Review: The City of Buffalo has determined the undertaking of this action was reviewed by the GEIS prepared for the redevelopment project and outlined in the Findings statement. None of the -thresholds established in the Findings Statement were exceeded by this proposal. Therefore, no further Environmental Review is required. For further information relative to this, contact Ms. Nadine Marrero, Director of Planning, Room 901 City Hall, Buffalo, New York 14202, (716)851 -5029 Dated: December 16, 2014 ADOPT FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 REPORT OF SALE 467, 469, 467, 469 BUSTI(ELL) Report of Sale 457 Busti- Vacant Lot 25' NW Penn Lot Size: 25'x 132' Assessed Value: $2,600 (Ellicott District) Report of Sale 459 Busti - Vacant Lot 50' NW Penn Lot Size: 25'x 132' Assessed Value: $1,900 (Ellicott District) Report of Sale 467 Busti - Vacant Lot 125' NW Penn Lot Size 25'x132' Assessed Value: $2,600 (Ellicott District) Report of Sale 469 Busti - Vacant Lot 150' NW Penn Lot Size 25'x132' Assessed Value: $2,600 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity of Buffalo, 995 Kensington Avenue, Buffalo, New York 14215 to purchase 457.459,467,469 Busti Avenue. Habitat for Humanity of Buffalo, would like to purchase the lots for the construction of two homes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to One Dollar Fifty Cents ($1.50) per square foot. Habitat for Humanity of Buffalo has agreed and is prepared to pay Eighty Cents ($.80) per square foot for each parcel for a total of Ten Thousand Four Hundred Dollars ($10,400) for the above referenced properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 457, 459, 467, and 469 Busti Avenue for the amount of Ten Thousand Four Hundred Dollars ($10,400) to Habitat for Humanity of Buffalo. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. CHRISTIE R. NELSON Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated December 29, 2014, be received and filed; That the offer from Habitat for Humanity of Buffalo, 995 Kensington Avenue, Buffalo, New York 14215, in the amount of Ten Thousand Four Hundred Dollars ($10,400.00) for the purchase of 457 Busti, 459 Busti, 467 Busti and 469 Busti be and hereby is accepted; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 6 INTERFUND LOAN - 2013 -2014 CAPITAL BUDGETS The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $400,000 against the 2014 City Capital Improvement Budget for the project listed below. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. FROM TO ACCOUNT REPAYMENT DATE TOTAL General Fund Capital Projects Fund City Court rehabilitation 38324306 April 2015 400,000 As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are ten City projects with an interfund loan amount of $5,065,868 outstanding. If this current request is approved, the City will be committed to $5,465,868' in projects. 2013 Capital Budget Bonds /BANs Issued Authorized Unissued Hatch Restaurant Addition Police Precinct Renovations Library Improvements Fire Apparatus Purchase Fire Station Rehabilitation Tree Removal & Planting 2013 Unfunded Projects 2013 Capital Budget Bonds /BANs Issued Authorized Unissued Hatch Restaurant Addition Police Precinct Renovation Library Improvements Fire Apparatus Purchase Fire Station Rehabilitation Tree Removal & Planting 2013 Unfunded Projects 2014 Capital Budget Bonds /BANs Issued Authorized Unissued MLK Casino Exterior Improvements Park Improvements - City Wide Court Street Area Improvements Buildings Planning & Design Requested Approved Balance $ 21,801,885 (16,058,000) (18,549,168) $ 3,252,717 $ 470,467 (470,467) 400,000 (400,000) 347 750 (347,750) 500 000 (500,000) 400 000 (400,000) 642 000 (642,000) $ 2,760,217 $ 492,600 $ 22,900,000 (16,058,000) $ 6,842,000 $ 82,084 (82,084) 1,634,000 (1,634,000) 150,000 (150,000) 439,567 (439,567) City Court Rehabilitation 400,000 (400,000) 2014 Unfunded Projects $ 400,000 $ 2,305,651 $ 4,136,349 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 PERMISSION TO HIRE CONSULTANT - ACCOUNT CORRECTION MLK CASINO PHASE 2 RECONSTRUCTION JOB #1428 MASTEN DISTRICT Prior Council Reference) Item #1716 of 9/2/14 1 hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Flynn Battaglia Architects as a consultant to provide architectural /engineering services for MLK Casino Phase 2 Reconstruction. The cost for consulting services is estimated not to exceed $74,910.00. The funds are available in account #38323206 - 445100. The consultant has been chosen through a Request for Qualification (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated December 29, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Flynn Battaglia Architects as a consultant to provide architectural /engineering services for MLK Casino Phase 2 Reconstruction. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Account #38323206 - 445100. PASSED AYES 9, NOES 0 NO. 8 REPORT OF BID FLUORIDATION SYSTEM AND CHLORINE SCRUBBER IMPROVEMENTS PROJECT CONTRACT NO. 1G - GENERAL MECHANICAL CONTRACT NO. 1E - ELECTRICAL This is to advise your Honorable Body that we have received bids on November 25, 2014 for the Fluoridation System and Chlorine Scrubber Improvements Project. The existing fluoridation system and chlorine scrubber has deteriorated to a point that it requires repair and replacement. The following bids were received for the General /Mechanical (Contract No. 1 G) portion of the project: 1- Hohl Industrial Services, Inc. $ 959,179.00 770 Riverview Blvd. Tonawanda NY 14150 2- STC Construction, Inc. $ 784,000.00 63 Zoar Valley Rd. Springville NY 14141 3- Quackenbush Company, Inc. $ 827,000.00 495 Kennedy Rd. Buffalo NY 14227 4- Savarino Companies, LLC $ 768,100.00 93 Perry St. #104 Buffalo NY 14203 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that certain the lowest responsible bidder for the General /Mechanical portion of the project is Savarino Companies, LLC. It should be noted that their bid included the incorrect lump sum contract allowance of $45,000.00 which was reduced to $30,000.00 by Addendum No. 1. A letter dated November 26, 2014 acknowledged the error and Savarino Companies, LLC reported that their bid should reflect a reduction of $15,000 resulting in a corrected base bid of $753,100.00 I respectfully recommend that your Honorable Body authorize a contract award in the amount Of $753,100.00 (base bid) plus $ 75,310.00 (10% contingency) for a total contract award of $828,410.00. The funds are available in a Division of Water account to be named at a later date. The following bids were received for the Electrical (Contract No. 1 E) portion of the project: 1- Ferguson Electric Construction, Company $ 237,000.00 333 Ellicott St. Buffalo NY 14203 2- CIR Electrical Construction Corporation $ 227,700.00 400 Ingham Ave. Buffalo NY 14218 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that certain the lowest responsible bidder for the Electrical portion of the project is CIR Electrical Construction Corporation. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $227,700.00 (base bid) plus $ 22,770.00 (10% contingency) for a total contract award of $ 250,470.00. The funds are available in a Division of Water account to be named at a later date Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated December 30, 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 Fluoridation System and Chlorine Scrubber Improvements Project with the following: General /Mechanical: Savarino Companies, LLC with a base bid of $753,100.00, plus a 10% contingency of $75,310.00, for a total contract amount of $828,410.00 Electrical: CIR Electrical Construction Corporation with a base bid of $227,700.00, plus a 10 contingency of $22,770.00 for a total contract amount of $250,470.00 Funding for these projects are available in Division of Water account to be named at a later date. PASSED AYE 9, NOES 0 NO. 9 REPORT OF BIDS 2015 STREET TREE PLANTING GROUP #801 1 advertised for on December 5, 2014 and received the following formal sealed bids for the 2015 Street Tree Planting, which were publicly opened and read on December 19, 2014. Total Bid Gleason's Nursery, Inc. $ 238,280.00 4780 Sheridan Drive Williamsville. NY 14221 Titan Development. Inc. $ 281,950.00 8534 Seaman Road Gasport, NY 14067 J.F. Krantz Nursery $ 247,909.01 112 Sunburst Cir. East Amherst, NY 14051 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Gleason's Nursery, Inc. with a Total Bid of Two Hundred Thirty Eight Thousand Two Hundred Eighty 00/100 ($238,280.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Two Hundred Thirty Eight Thousand, Nine Hundred Eighty 00/100 ($238,280.00). Funding for this project is available in 38304006 - 445100 and other accounts(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated December 29, 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 2015 Street Tree Planting with Gleason's Nursery, Inc. with a total bid of $238,280.00. Funding for this project is available in Account #38304006 - 445100, and other account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 10 REQUEST PERMISSION TO ACCEPT FUNDS AWARDED TO AND DESIGN AND CONSTRUCTION SERVICES PROVIDED BY THE BUFFALO OLMSTED PARKS CONSERVANCY FOR IMPROVEMENTS TO REV. MARTIN LUTHER KING, JR. PARK Permission is hereby requested from Your Honorable Body to accept donation of design and construction services from grant awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Rev. Martin Luther King, Jr. Park as described: Grant Name Amount Description 2013 -14 NYS DEC $50,000.00 Tree planting in Rev. Martin Luther King, Jr., Par Urban and Community as per historic planting plan Forestry Grant, No. T305361 Thank you for your consideration. 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 29, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of design and construction services from a grant awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Rev. Martin Luther King, Jr. Park as described: Grant Name Amount Description 2013 -14 NYS DEC $50,000.00 Tree planting in Rev. Martin Luther King, Jr., Par Urban and Community as per historic planting plan Forestry Grant, No. T305361 PASSED AYES 9, NOES 0 NO. 11 REQUEST PERMISSION TO ACCEPT FUNDS FROM BOARD OF ELECTIONS FOR ADA REQUIREMENTS AT VARIOUS COMMUNITY CTRS VARIOUS DISTRICT Permission is hereby requested from Your Honorable Body to accept funds from Board of Elections for ADA Requirements at Various Community Centers. The Board of Elections received a grant from New York State to update various Community Centers to ADA compliance. Bids have been received for phase 1 upgrades at Lincoln Field House, Hennepin Park Community Center, and Asarea Matters Community Center. An account No. is being created to facilitate the transfer the grant funds in the following funding amount(s): Funder Name Amount Description New York State $68,000 Used for ADA Requirements 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 29, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Commissioner of the Department of Public Works, Parks and Streets to funds from the Board of Elections for Americans with Disabilities Act ( "ADA') Requirements at Various Community Centers. An account number is being created to facilitate the transfer of the grant funds in the following funding amount(s): Funder Name Amount Description New York State $68,000 Used for ADA Requirements PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF POLICE NO. 12 APPOINT CHIEF(PROV)(MENZA) Certificate of Appointment Appointment effective December 19, 2014 in the Department of Police Division of Commissioner's Office to the Position of Chief Provisional Appointment Flat starting salary of $95,545 Carmen Menza, 5828 Bradford, East Amherst, 14051 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 13 PURCHASE ATV WITH MMRS GRANT FUNDS We are requesting Council approval to purchase an ATV, trailer and accessories as budgeted in our FY 2011 Metropolitan Medical Response System Grant (MMRB) Contract #C834215. Funds are available through the technical rescue equipment budget line 25090007 474100 10541. This vehicle will facilitate the Buffalo Fire Department gaining access to hard to reach areas such as embankments, crowds and other limited spaces where traditional vehicles are not able to be used. It will be utilized for the movement of personnel, equipment and as in the recent November to Remember" weather event, it will prove invaluable in facilitating EMS services to residents. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated January 5, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to purchase an ATV, trailer and accessories as budgeted in FY 2011 Metropolitan Medical Response System Grant (MMRS) Contract #C834215. Funds are available through the technical rescue equipment budget line 25090007 474000 10541. PASSED AYES — 9 NOES — 0 NO. 14' PURCHASE OF LEARNING MANAGEMENT SYSTEM The Buffalo Fire Department respectfully requests permission to purchase a Learning Management System from Centerlearn for the purpose of facilitating efficient renewal of all members Emergency Medical Technician (EMT) certifications and for the dissemination of other training throughout the department. This will create, but not be limited to, the following efficiencies: Companies will no longer have to go out of service and leave their first response districts for training at the downtown classrooms More time will be available for other training BFD will be able to provide managed and timely training, thus ensuring the maintenance of members credentials and skill sets BFD will eventually(over the next three years) take over program from Erie County who currently provides the training to us which will allow us to capture the NYS reimbursement for the training, thereby creating a revenue stream for the support of the system There were two responses to our RFP, Centerlearn and the Kelly Group. We have chosen to go with Centerlearn because their system has already been vetted with the NYS Department of Health; their proposal was inclusive of Fire related training beyond the specifically requested EMT module and unlike the Kelly Group, Centerlearn's proposal includes all seven hundred nineteen (719) members of the department. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 PURCHASE OF SNOWMOBILES DURING NOVEMBER STORM We are requesting Council approval to pay William Hebeler Inc., $19566.42 for the purchase of two snowmobiles and accessories needed for the November 18, 2014 storm. These units were purchased to facilitate emergency response in the effected area. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 16 RANO STREET(25 RANO- FORMER MARLETTE PLATING INDUSTRIAL SITE) IN REM SALE AND CLEARING TITLE OF A FEDERAL UNITED STATES ENVIRONMENTAL PROTECTION DISTRICT: RIVERSIDE The United States Environmental Protection Agency ( "EPA ") expended up to approximately $3,560,000 performing a cleanup response action pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA" or "Superfund ") by removing above ground industrial waste, industrial byproduct, vats, drums and etc. from the 25 Rano Street facility owned by Marlette Holdings, LLC. EPA's CERCLA Lien is not the type of lien that is cleared by the City of Buffalo's in rein property tax foreclosure sale process. EPA is willing to waive the EPA's right of redemption of the CERCLA Lien if the City of Buffalo will pay to EPA 90% of the $20,000 in rem property sale proceeds. At the time of the EPA's removal activity, the 25 Pane facility had already been basically abandoned and was becoming increasingly blighted. There are also building code violations at the 25 Rano site. The 25 Rano site was sold at the City of Buffalo's October 2014 in rein auction to Cash Cunningham for $20,000. The City Law Department is recommending that Your Honorable Body authorize payment to EPA of 90% of the $20,000 sale proceeds at (or just after) the time of the City's imminent deeding of the 25 Rano Street property. Disposing of the EPA lien in this manner clears the EPA lien from the 25 Rano property title and provides necessary certainty to the buyer. Accordingly, Your Honorable Body is being requested to: 1. Authorize the payment of 90% of the $20,000 sale proceeds to the EPA by either having the payment go directly to EPA at closing or by having the City cut a check to EPA after the closing, and 2. Authorize the Mayor and or other pertinent City personnel to take such steps and to execute all necessary documents including but not limited to an agreement memorializing the foregoing arrangements and waiver of right of lien redemption with all such documentation to be in form and substance as is acceptable to the Corporation Counsel's Office. Mr. Smith moved: That the above item be, and the above communication from the City of Buffalo Department of Law, Office Ofthe Corporation Counsel, dated December 17, 2014, be received and filed; That the Common Council hereby authorizes payment to the Environmental Protection Agency ( "EPA ") of 90% of the $20,000.00 in rem property sale proceeds of 25 Rano Street, which was sold at the City of Buffalo's October 2014 in rem auction to Cash Cunningham; and That the Common Council hereby authorizes the payment of 90% of the $20,000.00 sale proceeds to the EPA by either having the payment go directly to the EPA at closing or by having the City issue a check to the EPA after the closing; and That the Common Council hereby authorizes the Mayor and /or other pertinent City personnel to take such steps and to execute all necessary documents including, but not limited to, an agreement memorializing the foregoing arrangements and waiver of right of lien redemption with all such documentation to be in form and substance as is acceptable to the Corporation Counsel's Office. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 17 REQUEST APPROVAL OF RENEWAL AGREEMENT BETWEEN CITY OF BUFFALO AND ENVIRONMENTAL EDUCATION ASSOCIATES (UNYSE) FOR ASBESTOS AIR SAMPLING PROJECT MONITORING Permission is hereby requested for Your Honorable Body to approve the Renewal of the Agreement between the City of Buffalo and Environmental education Associates (U NYSE) For Asbestos Air Sampling and Project Monitoring Services: Contract Amount: $500,000 Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated December 22, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permit and Inspection Services to renew the agreement between the City of Buffalo and Environmental Education Associations ( "UNYSE ") for Asbestos Air Sampling and Project Monitoring Services. The contract amount is $50,000.00. PASSED AYES — 9 NOES - 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 18 APPROVAL OF EXTENSION AGREEMENT WITH PALLADIAN INC. FOR THE PROVISION OF THE EMPLOYEE ASSISTANCE PROGRAM FOR THE CITY OF BUFFALO Attached for your Honorable Body's review and approval is a contract with Palladian Employee Assistance Program to City of Buffalo employees, their spouses, and dependents who reside in the same household. Department of Human Resources is requesting that approval be granted to allow the Commissioner of Human Resources to execute the attached three month extension agreement, which will allow services to continue through March 31, 2015. Such services shall be provided at the rate of $14.24 per employee, billed in quarterly increments. A Request for Proposal (RFP) has been prepared, and will be going out. In the mean time, the Department of Human Resources is requesting that you approve an extension agreement until a new vendor is selected. Thank you in advance for your prompt consideration to the above request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Human Resources, dated January 5, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Human Resources to extend the contract with Palladian Employee Assistance Program to City of Buffalo employees, their spouses, and dependents who reside in the same household for three (3) months, which will allow services to continue through March 31, 2015. PASSED AYES — 9 NOES — 0 FROM THE ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS NO. 19 APPROVE VARIANCE -903 ELLICOTT MIXED USE BUILDING Gregory Scholand 12 Fountain Plaza - Suite #400 Buffalo, New York 14202 RE: 903 ELLICOTT APPLICATION: #214704 Dear Mr. Scholand: The Zoning Board of Appeals at its meeting of 12/17/14 approved your petition for a variance to construct an 8 -floor mixed use building with 1= floor retail; upper floor residential use and improvements to the southwest portion of the complex at premises 903 ELLICOTT. The variance allows for the extension of the district height requirements. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4111 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 6/17/15, an extension can be requested or the Board's approval will expire and a new application will have to be made. ZONING BOARD OF APPEALS Now BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 17th day of December, 2014, a resolution was adopted of which the following is a true copy: Present: Rev. James A. Lewis, III- Chairman Anthony Diina Warren Glover Joseph Pandolfino The following resolution was introduced: WHEREAS, on September 24, 2014, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P., (collectively, the "Applicants "), pursuant to § 511 -122 et. seq. and § 511 -146 et seq, of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law § 81 -b, submitted a Letter of Intent ( "LOI "), including Exhibits A -L, to the City of Buffalo Zoning Board of Appeals ( "ZBA "), and submitted an Amendment to the LOI on October 31, 2014, including Exhibits M -Z, in furtherance of the Applicants' request for an Area Variance for building height associated with the proposed Pilgrim Village Redevelopment/ Campus Square project (the "Project "), to be located at the southwest comer of the existing Pilgrim Village residential complex at 903 Ellicott Street, City of Buffalo, Erie County, New York (the "Site "); and WHEREAS, the Applicants have provided information in the LOI and Amendment to the LOI supporting the request for an Area Variance for the proposed height of the Campus Square building; and WHEREAS, a public hearing was held on the matter on December 17, 2014 at 2:00 p.m. upon proper notice, at which the Applicants presented design details for the Project and all interested parties were given an opportunity to be heard; and WHEREAS, the ZBA has fully reviewed and discussed this matter; and WHEREASI the Site is currently zoned CM (General Commercial District), as the result of a resolution passed by the City of Buffalo Common Council on December 9, 2014, signed by Mayor Byron W. Brown on December 15, 2014 and duly filed with the City Clerk; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts, and the City of Buffalo Planning Board (the "Planning Board "), acting as 3744385 -3 Lead Agency in a Coordinated Review of the Project, issued a Negative Declaration under SEQRA on November 5, 2014, a copy of which is attached hereto; and WHEREAS, the ZBA has determined that the potential impacts associated with the requested Area Variance are minimal in light of the size and scale of surrounding development, particularly at the Buffalo Niagara Medical Campus directly south of the Site, and any negative impacts have been minimized to the greatest extent practicable by the design of the proposed building; and WHEREAS, the ZBA has, pursuant to Code § 511 -122 et. seq. and § 511 -146 et seq. and New York General City Law § 8 I -b, received and reviewed the Application materials for the Project, and after fully discussing this matter, has decided to approve the requested Area Variance. NOW THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS, pursuant to City Code § 511 - 122 et seq. and § 511 -146 et seq. and New York General City Law § 8 I -b, as follows: 1. The Applicants seek an Area Variance for the height of the proposed Campus Square building at the southwest comer of the Pilgrim Village residential complex, at 903 Ellicott Street. Code § 511 -41 limits the height of structures in the Site's CM District to the distance from the structure to the opposite side of the street (which in this case is approximately 85 feet across Ellicott Street and approximately 59.65 feet across East North Street), and the proposed height of the Campus Square building is 115.67 feet (115 feet, 8 inches). Thus, the Applicants seek a maximum height variance of approximately 56.02 feet. 2. The ZBA has made the following determinations with respect to the Applicants' request for an Area Variance for building height associated with the Project: That given the urban nature of the Project Site and the height of adjacent structures (e.g., Women and Children's Hospital of Buffalo [proposed /as approved]: +/ -251 feet; Buffalo General Hospital: +/ -200 feet; Global Vascular Institute: +/ -184 feet; Conventus Medical Office Building: +/ -127 feet), the requested Area Variance, while nominally significant, will not have a significant adverse impact upon adjacent properties or the character of the neighborhood; That the only other means by which the Applicants can meet their space requirements would be to dramatically increase the footprint of the building, which would reduce the proposed surface parking and landscaped areas at the Site and eliminate design advantages associated with the existing Site Plan, which was approved by tile Planning Board on November 5, 2014 after a thorough review of the Project; 37.443853 That in an urban setting like the Project Site, the proposed Area Variance is not substantial; That the requested Area Variance will not have an adverse impact on the physical or environmental conditions in the surrounding neighborhood because it will allow for a smaller building footprint, less impervious area and the incorporation of design elements which will benefit users of the Site; and That while the need for this Area Variance may be self- created, the Area Variance will result in a better - designed project that minimizes impacts upon adjacent properties. For the foregoing reasons, the ZBA approves the requested Area Variance for the height of the Campus Square building, allowing said building to have a maximum height of 115.67 feet (115 feet, 8 inches). 3. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 17th of December, 2014 ADOPTED FROM THE CITY CLERK NO. 20 RESTRICTED USE PERMIT -69 W. CHIPPEWA(ELL)(01 /16/2016) APPLICATION FOR RESTRICTEDUSE PERMIT DOWNTOWN ENTERTAINMENT RETIEW DISTRICT TAVERN EVENT PERNKITTING ENTRY OF PATRONS UNDER AGE 21 WHERE, ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on January 15, 2015 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 21 RESTRICTED USE PERMIT -69 W. CHIPPEWA(ELL)(01 /22/2016 APPLICATION FOR RESTRICTEDUSE PERMIT DOWNTOWN ENTERTAINMENT RETIEW DISTRICT TAVERN EVENT PERNKITTING ENTRY OF PATRONS UNDER AGE 21 WHERE, ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on January 22, 2015 is hereby denied AYES — 9 NOES — 0 NO. 22 RESTRICTED USE PERMIT -69 W. CHIPPEWA(ELL)(02 /19/2016) APPLICATION FOR RESTRICTEDUSE PERMIT DOWNTOWN ENTERTAINMENT RETIEW DISTRICT TAVERN EVENT PERNKITTING ENTRY OF PATRONS UNDER AGE 21 WHERE, ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on February 19, 2015 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 23 NOTICES OF APPOINTMENTS - SEASONAL /FIAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 12/22/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Seasonal at the flat salary of $ 12.66/ hr Joshua Parker, 501 Washington St Apt 108, Buffalo, NY 14203 NO. 24 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective December 22, 2014 in the department of Community Services, Division of Contract Administration to the Position of Human Resource Planner, Permanent at the Minimum Salary of $42,252 Rebecca Harris, 326 Roslyn Street, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 12/2/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the flat salary of $15.00 /hr Cherie Claudella, 51 Schutrum, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective 12/23/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Community Recreation Aide, Temporary at the minimum salary of $34,402 Patrick Isch, 317 Woodside Dr, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 12/29/2014 in the Department of Audit and Control, Division of Audit to the Position of HUD Grants Fiscal Administrator, Temporary at the Minimum Salary of $55,823 Mi -Ae Hwang, 616 Starin Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 01 /05/2015 in the Department of Parking Enforcement, Division of Parking Enforcement to the Position of Laborer II, Seasonal at the flat salary of $12.66/hr Anthony Clyburn, 210 Brunswick Blvd, Buffalo, NY 14208 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 25 K. MASSEY- CONCERNS TWC RATE INCREASES 221 W. Tupper St. Buffalo, NY 14201 December 31, 2014 Council Members -at -Large City Hall Niagara Square Buffalo. NY 14202 Re: Time Warner Dear Council Members: First, I Want to register my outrage for the unwarranted, upcoming rate increase! • Over the years, there has been little, if not zero benefit to this customer from the price accelerations. • Bogusly, many channels are duplicates not additions. Daily, I'm hard - pressed to find a cable show I want to watch. • I now have to pay a fee to see the Buffalo School Board meetings, et cetera on the public access channel. It was formerly provided free of charge. (The airing of those meetings on TWC is the main reason that I haven't switched providers.) • My package - which was called extended basic - initially, cost less than $40 per month (for about 60 channels). Currently, it's approximately $100 Second, please pursue getting the "Essential TV 2 service for Buffalo. Background: Several months ago, it was listed in the service rate listing (attached') that I received. The cost - 49.99 per month. That would provide a good option and significant cost - savings for customers like me who don't want premium sports channels. When I called TWC for the details, a representative told me it was available in our area. I asked which networks were included (the listing indicates 40 plus). He directed me to the TWC website. Unable to find the information, I went to their online customer help chat feature. The representative was unable to locate the information after a thorough check. Consequently, she consulted her supervisor who said it was not available in Buffalo. Bottom line Buffalo should not be deprived of the service. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 26 C. AUERBACH, AGENT, REZONE 80, 100, 152 FOREST AND 12,14,16 ,18,22,24,26,28,30,36,58,99999 DANFORTH ST TO A R. 4(NORTH) C. Auerbach, Agent, Rezone 80, 100, and 152 Forest and 12, 14, 16, 18, 22, 24, 26, 28, 30, 36, 38, 58, 99999 Danforth Street to a R -4 (North) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of C. Auerbach, Agent, to rezone 80, 100, and 152 Forest and 12, 14, 16, 18, 22, 24, 26, 28, 30, 36, 38, 58, and 99999 Danforth Street from a M1, M2, C1, R2 commercial /industrial district to a R -4 mix of commercial, industrial and residential use district. A public hearing for the rezoning application was held before the Common Council on November 26, 2013. Notice of the hearing was published in the Buffalo News on November 13, 2013. PASSED AYES - 9 NOES - 0 NO. 27 D. PRIDGEN -L WIGGINS & O -FRUIT BELT MORATORIUM FILED BY BENJAMIN CASHEW AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 28 APPOINT ASSOCIATE ENGINEER (PROV)(INTER)(HAPKE)(PW) CCP# 2523 14 -1223 Mr. Wyatt moved: That Communication 2523 of Dec 23, 2014, be received and filed and that the Provisional Appointment of Kenneth Hapke, 2513 Niagara St, Buffalo, NY 14207 to the Position of Associate Engineer, Provisional at the Intermediate Salary of $ 65,484.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 29 APPOINT HEAVY EQUIPMENT OPERATOR (PROV)(INTER)(MONTELEONE)(PW) CCP# 2524 14 -1223 Mr. Wyatt moved: That Communication 2524 of Dec 23, 2014, be received and filed and that the Provisional Appointment of Cruciano Monteleone, 3619 Moyer Rd, Wheatfield, NY 14120 to the Position of Heavy Equipment Operator, Provisional at the Intermediate Salary of $ 39,215.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 30 APPOINT PUBLIC SAFETY DISPATCHER (PERM)(INTER)(SCANLON)(POL) CCP# 2525 14 -12/23 Mr. Wyatt moved: That Communication 2525 of Dec 23, 2014, be received and filed and that the Permanent Appointment of Kara A. Scanlon, 32 Tuscarora Road, Buffalo, NY 14220 to the Position of Public Safety Dispatcher Permanent at the Intermediate Salary of $ 34,300.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 31 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 14-2632,12/23) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 32 PEER REVIEW AUDIT(COMPT) (CCP# 14-2613,12/23) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 33 REPORT OF SALE - 208 COURTLAND (UNIV)(STRAT PLAN) (ITEM NO. 2440, C.C.P., DEC. 9, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council, with a recommendation for approval; That the offer from Ms. Catherine A. Perry of 204 Courtland, Buffalo, New York, in the amount of Four Thousand Four Hundred Dollars ($4,400.00) for the purchase of 208 Courtland be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES — 9 NOES — 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 34 ORDINANCE AMENDMENT - CHAPTER 175 -1 - ENUMERATION OF FEES Mr. Scanlon moved: That the above item be, mad the same hereby is, returned to the Common Council with a recommendation for approval; That Section 175.1 of Chapter 175, Chapter 309 of the Code of the City of Buffalo, as it relates to the enumeration of fees for parks and other open spaces, use of facilities, be amended as specified in the attached Ordinance Amendment. PASSED AYES — 9 NOES — 0 NO. 35 RESPONSE CONCERNS LINWOOD EXPANSION (PRES BD) (C.C.P. #14 -2363, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 36 J. GORMAN & OTHERS - LETTERS IN SUPPORT OF LINWOOD EXPANSION (C.C.P. #14 -2384, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 37 J. MASSARO- MEETING MINUTES -BFLO FAIR ELECTIONS COMMITTEE (C.C.P. #14 -2385, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 38 J. PAUL - EXPANSION OF THE LINWOOD HISTORIC DISTRICT (C.C.P. #14 -2386, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 39 T. ROSS - OPPOSITION TO EXPANSION OF THE LINWOOD HISTORIC DISTRICT (C.C.P. #14 -2387, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.40 E. SIMONICK- CONCERNS LINWOOD EXPANSION (C.C.P. #14 -2388, NOV 25) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.41 J. WALKOWSKI -NYS OFFICE OF PARKS - SUPPORTS EXPANDING LINWOOD HISTORIC PRESERVATION DISTRICT (C.C.P. #14 -2311, NOV 12) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 42 S. HODALA- SUPPORT OF EXTENSION OF LINWOOD AVE PRESERVATION DISTRICT (C.C.P. #14 -2200, OCT 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.43 D. PRIDGEN- LETTERS IN SUPPORT OF EXTENDING LINWOOD AVE PRESERVATION DISTRICT (C.C.P. #14 -2203, OCT 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 44 M. ROMANOWSKI - LINWOOD HISTORIC PRES DISTRICT EXPANSION (C.C.P. #14 -2204, OCT 28) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.45 J. MASSARO -NOTES FROM BFE COMMITTEE MEETING 9/29/14 (C.C.P. #14 -2098, OCT 14) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.46 M. ROMANOWSKI- CONCERNS PROPOSED AMENDMENTS TO LINWOOD HISTORIC PRESERVATION DISTRICT EXPANSION (C.C.P. #14 -2100, OCT 14) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.47 J. WINGFELDER, AGENT, USE 785 MAIN ST FOR A WALL & GROUND SIGN (ELL)(HRG 2/25) (C.C.P. #14 -339, FEB 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO.48 D. PRIDGEN- CONCERNS 16 SOUTH CEDAR STREET (C.C.P. #13 -82, JULY 23) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO.49 BY: COUNCIL MEMBER DAVID A. FRANCZYK DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: (ITEM NO 14 -2526 (DEC 23) "USED CAR DEALER 1279 GENESEE" The above item is currently in the Legislation Committee; and it is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 14 -2526, C.C.P. December 23, 2014 ,'Used Car Dealer 1279 Genesee" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE. APPROVED WITH CONDITIONS Conditions: 1)5 Car Limit 2) No storage of tires PASSED AYES — 9 NOES - 0 NO. 50 COUNCIL MEMBER JOSEPH GOLOMBEK, JR. AND ALL MEMBERS OBJECTION TO TIME WARNER CABLE RATE INCREASE Whereas Time Warner Cable, Inc. is the leading provider of cable and internet access in Western New York, which greatly affects more than 300,000 customers, many of which are residents of the City of Buffalo; Whereas Along with several rate increases over the years, Time Warner Cable has recently announced rate hikes that could add up to $9 per month to an individual's bill; Whereas Many customers struggle to pay the rising costs of service for internet, television and phone services, which are quickly becoming a necessity in everyday life. Whereas Alternative services like Verizon FIOS are not available to everyone in Western New York. With a lack of competition in the market, price rates go unchecked and are unfair to customers; Whereas, The Common Council has repeatedly urged Time Warner Cable, Inc. to provide an a la carte service to its customers as an alternative service plan, yet Time Warner has not properly addressed this request; Resolved that The City of Buffalo Common Council- - 1) Requests that Time Warner Cable, Inc. freezes all future rate increases until a public hearing is held with Time Warner Cable representatives to address the issue of their rate increases and their justifications; 2) Urges Time Warner Cable to establish an a la carte rate plan for its customers; 3) Directs the City Clerk to forward copies of this resolution to the Department of Corporation Counsel, the office of Telecommunications and Time Warner Cable. ADOPTED BY MR. WYATT NO. 51 FELICITATIONS IN MEMORIAM HONORABLE MARIO MATTHEW CUOMO In Memoriam Honorable Mario Cuomo By Councilmember All Councilmembers ADOPTED BY: RASHEED N.C. WYATT NO. 52 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 31,2016, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Dolyk, Ronald Flowers, John Gibson, Ralph L. Lates, Deanna Reardon, Michael Wood, Catherine Yetzer, Karen A. Total: 7 ADOPTED BY: RASHEED N. C. WYATT NO. 53 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. 1) Campanella, Grace 2) Carrasquillo, Jessica 3) Ciepiela, Patricia A. 4) Gugino, Angela 5) Gugino, Roxane 6) Irizarry, Maribel I. 7) Korzkowski, Amy L. 8) Munson - Ellis, Abraham C. L. 9) Snekser, Kelly 10) Stevens, Kristin H. 11) Szymanski, Julie 12) Vega, Maritza 13) Weir - Jerozal, Diane 14) Wellings, Jessica R. TOTAL: 14 ADOPTED NO. 54 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 13, 2015 at 9:45 o'clock AM Committee on Finance Tuesday, January 13, 2015 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, January 13, 2015 at 1:00 o'clock PM Committee on Legislation Tuesday, January 13, 2015 at 2:00 o'clock PM Special Committees Committee on Education Monday, January 12, 2015 at 2:00 o'clock PM (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware NO. 55 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Golombek the Council adjourned at GERALD A. CHWAL1 NSKI CITY CLERK