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Home My WebLink About08-0730SS (2)PROCEEDINGS OF THE CITY OF BUFFALO July 30, 2008 SPECIAL SESSION MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera. Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members SPECIAL SESSION FINAL July 30, 2008 AT 2:00 P.M. 1. Call for Special Session R &F 2. Local Law Intro 5 - Areas of Special Flood Dist. Take From Table TABLE 3. Renovations Cazenovia Resource Center APP 4. Used Car Dealer- 1180 Abbott Rd APP 5. Permission to Increase Contracts (Change Orders) APP 6. Increase Contract Erdman Anthony (No.27 CCP 7/22/08) APP 7. Increase Contract CGM (No. 28 CCP 7/22/08) APP 8. Hatch Mott MacDonald (No. 29 CCP 7/22/08) APP 9. Marquis (No. 30 CCP 7/22/08) APP 10. Malcom Pirnie (No. 31 CCP 7/22/08) APP 11. Stearns & Wheler (No. 32 CCP 7/22/08) APP 12. 444 Woodlawn (D /C No. 67 CCP 2/5/08) ADOPT D/C APP 13. Ord. Amend. Ch. 437- Taxicabs (Res. 162 CCP 7/22/08) APP 14. Strat Plan- SEQR Lead Agency Rock Harbor Commons APP 15. Response- EDPI- 481 -487 Delaware (No. 48 CCP 7/22/08) R &F 16. Response- PW - 481 -487 Delaware (No. 49 CCP 7/22/08 R &F 17. SEQR- Stillwater 483 Delaware (No. 50 CCP 7/22/08) R &F 18. Stillwater Patio Application (No. 58 CCP 7/8/08 R &F 19. SEQR Improve. 481 -487 Delaware (No. 59 CCP 7/8/08) R &F 20. R. Stanton Improve. 481 -487 Delaware (No. 60 CCP 7/8/08) R &F 21. SEQR Stillwater 483 Delaware (No. 100 CCP 7/8/08) R &F 22. Proposed Improv. 481 Delaware (No. 101 CCP 7/8/08) RECOMMIT 23. B. Melber 483 Delaware (No. 104 CCP 7/8/08) APPROVE NIGHTCLUB ONLY - REMAINDER R &F 24. Adjourn R &F NO. 1 CALL FOR SPECIAL SESSION July 29, 2008 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 22, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 30, 2008 at 2:00 P.M. for the following puposes: To receive and take appropriate action on All Items Relating To 1 .) Local Law Intro. #5 Areas of Special Flood Hazard 2.) Renovations Cazenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn 6.) Ordinance Amendment Ch. 437 Taxicabs, Liveries, Sightseeing Buses 7.) SEQR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave Yours very truly, David A. Franczyk President of the Council Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Local Law Intro. #5 Areas of Special Flood Hazard 2.) Renovations Cazenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn 6.) Ordinance Amendment Ch. 437 Taxicabs, Liveries, Sightseeing Buses 7.) SEQR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave We request that this Special Meeting be held on July 30, 2008 at 2:00 P.M. Richard A. Fontana Michael J. LoCurto Demone Smith David A. Rivera Joseph Golombek Jr Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 30, 2008 at 2:00 PM Richard A. Fontana Michael J. LoCurto Demone Smith David A. Rivera Joseph Golombek Jr Bonnie E. Russell Brian C. Davis Michael P. Kearns STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 29th day of July 2008, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for The City of Buffalo, NY My Commission expires 12/31/08 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 22, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 30, 2008 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1 .) Local Law Intro. #5 Areas of Special Flood Hazard 2.) Renovations Cazenovia Resource Center 3.) Used Car Dealer- 1180 Abbott Rd 4.) Various Change Order items Public Works 5.) 444 Woodlawn 6.) Ordinance Amendment Ch. 437 Taxicabs, Liveries, Sightseeing Buses 7.) SEQR Lead Agency Rock Harbor Commons 8.) Stillwater 481 -487 Delaware Ave Yours very truly, Gerald A. Chwalinski RECEIVED AND FILED NO. 2 LL INTRO 5 AREAS OF SPECIAL FLOOD DIST CCP# 156, 7/22/2008 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Kearns CARRIED Mr. Fontana now moved to table said item. LAID ON THE TABLE NO. 3 REPORT OF BIDS CAZENOVIA BRANCH LIBRARY BASEMENT - PARTIAL CONSTRUCTION JOB #0818 SOUTH DISTRICT I advertised for on June 3, 2008 and received the following formal sealed bids for the Cazenovia Branch Library, Basement - Partial Reconstruction, which were publicly opened and read on June 17, 2008. Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $19,400 $ 5,700 2,100 $6,200 12 Newfield, Buffalo, NY Hadala Construction $29,800 $ 8,600 $3,000 $9,630 325 Grote, Bufalo, NY C.H. Byron Co., Inc. $32,000 $ 4,200 $3,000 $9,000 465 Creekside, Amherst, NY C. Nichter $37,500 $12,300 $4,000 $5,700 30 Wildwood, Lancaster, NY Alt # 1 Repair wood windows (all around basement) as required to make operable. 14 windows total Remove and repair all damaged or missing pieces, replace in kind Alt# 2 Install new vinyl composition the in stair hallway and into existing toilet passageways Alt# 3 Install new Vinyl composition tine in Computer Lab. Trim moving partitions as required I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc. with a Base Bid of $19,400.00, add Alt #1 for $5,700.00, add Aft #2 for $2,100.00, add Alt #3 for $6,200.00 for a total bid of Thirty -Three Thousand Four Hundred and 00/100 Dollars ($33,400.00) is the lowest responsible biddr in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in Account No. 30320606 - 445100, Buildings. Mr. Fontana moved that the Commissioner of Public Works, Parks and Streets is authorized to order the work as detailed in the attached communication on the basis of the low bid. PASSED AYES - 8 NOES — 0 NO.4 USED CAR DEALER 1180 ABBOTT (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1180 Abbott and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Basil. The attached thereto for Charles Basil dba /Basil Resale South Inc. This request is submitted for your approval or whatever action you deem appropriate. That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Charles Basil d /b /a Basil Resale South Inc., located at 1180 Abbott. PASSED AYES -8 NOES -0 NO. 5 PERMISSION TO INCREASE CONTRACTS (CHANGE ORDERS) ITEM NOS. 27, 28, 29, 30, 31 AND 32 C.C.P. 07122108 Your Honorable Body has requested an opinion from the Corporation Counsel regarding the legality of the abovemeutioned Change Order requests from the Department of Public Works, Parks and Streets. After review of the requests, the Law Department has determined that the contracts all fall squarely within the common law professional services exemption to the competitive bidding requirements contained in General Municipal Law §103. A common -law exception to the statutory requirement for competitive bidding exists for contracts involving professional services, which fall outside the realm of competitive bidding. Fawcett v. City of Buffalo, 275 A.D.2d 954, 713 N.Y.S.2d 610 (4th Dept., 2000). In order to constitute professional services, the services to be performed under the agreement must involve specialized skills, expertise, and the exercise of judgment and discretion. Schulz v. Cobleskill - Richmondville Cent. School Dist. Bd. of Educ., 197 A.D.2d 247, 610 N.Y.S.2d 694, 90 Ed. Law Pep. 773 (3rd Dept., 1994). Various contracts are exempt from competitive bidding under this exception, including contracts for the provision of construction management services for the purpose of coordinating a public works project and providing consultant services throughout the various stages of a project. 1980 Op. St. Compt. File No. 5 (holding that such a contract would appear not to be subject to competitive bidding requirements since it would seem to be in the nature of a professional service). As the contracts involved are not subject to the public bidding requirements contained in General Municipal Law § 103, there is no legal prohibition against approving the above - requested Change Orders. It should be noted that our Department's review of the requested Change Order requests indicated that, in the event the Change Orders were subject to the competitive bidding requirements contained in General Municipal Law §103, said Change Order requests do not rise to the level of circumventing said requirements, in that the supplemental work is not "...so varied from the original plan, of such importance or so altered the essential identity of the or main purpose of the original contracts, that they constitute new undertakings." Albert Ella Bldg. Co., Inc. v. New York State Urban )— Development Corp., 54 A.D.2d 337, 343, 388 N.Y.S.2d 462, 467 (4th Dep't 1976). I trust that this addresses your concerns regarding this matter. Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is authorized to change the above order PASSED AYES - 8 NOES — 0 NO. 6 CHANGE IN CONTRACT - LARGE VALVE REPLACEMENT PROJECT - ERDMAN ANTHONY (ITEM NO. 27, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Erdman Anthony, an increase in the amount of $175,000.00, as more fully described in the above communication, for work relating to Large Valve Replacement Project for the City of Buffalo Division Water Project, Contract #92011159. Funds for this project are available in Division of Water account 53210716 445100. PASSED AYES -8 NOES -0 NO. 7 CHANGE IN CONTRACT - INSPECT RESTORATION WORK DONE BY UTILITY COMPANIES AND PLUMBERS — CGM (ITEM NO. 28, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to CGM, an increase in the amount of $200,000.00, as more fully described in the above communication, for work relating to inspect restoration work done by utility companies and plumbers for utility cuts in the City right -of -way, Contract #920010973. Funds for this project are available in Capital Projects account 30032106 445100 and 31310206 445100. PASSED AYES -8 NOES -0 NO. 8 CHANGE IN CONTRACT - GENESEE STREET SIGNALS - HATCH MOTT MACDONALD (ITEM NO. 29, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Malcolm Pirnie, an increase in the amount of $110,000.00, as more fully described in the above communication, for engineering consultant for the Squaw Island Landfill Closure Project for the City, Contract #92010410. Funds for this project are 80% Federal, 15% State and 5% City and is available in Capital Projects account 31310906 445100 and 30335106 445600. PASSED AYES -8 NOES -0 NO. 9 CHANGE IN CONTRACT - INFRASTRUCTURE INSPECTION - MARQUIS (ITEM NO. 30, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Marquis, an increase in the amount of $102,000.00, as more fully described in the above communication, for construction management services for the Department of Public Works for infrastructure inspections, Contract #92010946/92010946A. Funds for this project are available in Capital Projects account 30032106 445100 and 31310206 445100. PASSED AYES -8 NOES -0 NO. 10 CHANGE IN CONTRACT - SQUAW ISLAND LANDFILL CLOSURE PROJECT - MALCOM PIRNIE (ITEM NO. 31, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Malcolm Pimie, an increase in the amount of $110,000.00, as more fully described in the above communication, for engineering consultant for the Squaw Island Landfill Closure Project for the City, Contract #92010410. Funds for this project are available in Capital Projects account 31310906 445600 and 30335106 445100. PASSED AYES -8 NOES -0 NO. 11 CHANGE IN CONTRACT - INFRASTRUCTURE INSPECTION - (ITEM NO. 32, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Steams & Wheeler, an increase in the amount of $309,000.00, as more fully described in the above communication, for the design of the backup power facilities for the Division of Water, Contract #93000021. Funds for this project are available in the Division of Water account 53210726 445100. PASSED AYES -8 NOES -0 NO. 12 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE - RESULTS OF NEGOTIATIONS -444 WOODLAWN (NO. 67 CCP 2/5/08) Mr. Fontana moved that Whereas, the above item is currently tabled in the Community Development Committee and, Whereas, 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by Mr. Smith Mr. Fontana made a motion to Adopt Discharge Seconded by Mr. Smith PASSED AYES -8 NOES -0 NO. 13 ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS, LIVERIES AND SIGHTSEEING BUSES (ITEM NO. 162, C.C.P., JULY 22, 2008) That the Ordinance Amendment as contained in Item No. 162, C.C.P., July 22, 2008, be and the same hereby is approved. PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, SMITH - 7 NOES — DAVIS — 1 NO. 14 SEQRA LEAD AGENCY DESIGNATION - ROCK HARBOR COMMONS (ITEM NO. 10, C.C.P. JULY 22, 2008) That the Common Council has no objection to and approves the request of the City Planning Board to act as Lead Agency for the proposed redevelopment of the existing building at 31 Tonawanda Street, Buffalo, New York to be known as "Rock Harbor Commons." PASSED AYES -8 NOES -0 NO 15 RESPONSE EDPI - 481 -487 DELAWARE AVENUE (ITEM NO. 48, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. N016 RESPONSE PW - 481 -487 DELAWARE AVENUE (ITEM NO. 49, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. N017 STATE ENVIRONMENTAL QUALITY REVIEW - STILLWATER - 483 DELAWARE AVENUE (ITEM NO. 50, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. N018 STILLWATER HOLDINGS, LLC PATIO APPLICATION FOR A RESTRICTED USE PERMIT (ITEM NO. 58, C.C.P., JULY 8, 2008) (ITEM NO. 113, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO 19 SEQRA 481 -487 DELAWARE AVENUE (STILLWATER HOLDINGS, LLC) (ITEM NO. 59, C.C.P., JULY 8, 2008) (ITEM NO. 114, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO 20 PROPOSED IMPROVEMENTS TO 481 -487 DELAWARE AVENUE (STILLWATER HOLDINGS, LLC) (ITEM NO. 60, C.C.P., JULY 8, 2008) (ITEM NO. 115, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO 21 SEQR - STILLWATER GRILLE - 483 DELAWARE (ITEM NO. 47, C.C.P., JUNE 24, 2008) (ITEM NO. 119, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO 22 PROPOSED IMPROVEMENTS - 481 -487 DELAWARE (ITEM NO. 48, C.C.P., JUNE 24, 2008) (ITEM NO. 120, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 23 B. MELBER, PETITION TO USE 483 DELAWARE - USE RESTAURANT /NIGHTCLUB TO ADD A NEW RESTAURANT (ITEM NO. 53, C.C.P., JUNE 10, 2008) (ITEM NO. 121, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on June 17, 2008, the petition of B. Melber, agent, for permission to use 483 Delaware for a restricted use for restaurant /nightclub in the interior only, and hereby is approved; and adding a new restaurant Patio to the rear of the building is hereby Received and Filed. PASSED (Interior only) RECEIVED AND FILED (New Restaurant Patio) AYES — Davis, Fontana, Franczyk, Kearns, LoCurto, Rivera, Smith 7 NOES — Golombek 1 NO 24 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Councilmember Smith, the Council adjourned at 2:40 PM GERALD A. CHWALINSKI CITY CLERK