HomeMy WebLinkAbout15-0217PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 17, 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
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY FEBRUARY 17, 2016
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 February 3, 2015 were approved
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 296
SEQRA NEGATIVE DECLARATION -261 MAIN ST (FILL)
Non Significance
Negative Declaration
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQRA - 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: 251 Main Street
Location: 251 Main Street, Buffalo, NY
Type of Action: Uncoordinated - Unlisted
Description: The Action involves the rehabilitation of an existing five (5) -story building to mixed use on the corner of Main Street and Swan Street.
The structure will include (36) 1 bedroom apartments with 1 -1 /2 baths along with a 1,7000 square foot office suite. Each floor of the building will
house seven (7) units. The structure which has been vacant for 14 -years requires the installation of 54 new windows on the north elevation to
support the residential use. The project will apply for Historic Tax Credits and therefore, have to follow Secretary of the Interior Standards.
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 rehabilitation of an existing structure will not have an adverse impact on the environment.
The project will not have a significant impact on air quality. There will be separate heating and cooling for the new; 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 connect to existing wastewater utilities,
this is not a significant impact. The site is fully occupied by the building, there will be no increase in impervious surfaces.
The project will not have a substantial adverse change in existing traffic levels. The project is located in a commercial area and accessible to public
transportation services.
The project will not have a substantial adverse change in noise levels. The surrounding areas are primarily built out and used for commercial
purposes. Due to the number of surrounding units, there should be no change in noise levels.
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. There will be a minor increase consistent with the existing residential
and commercial uses, however, 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 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, neither 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 902 City Hall, Buffalo, New
York 14202, (716)851 -5029.
Dated: February 10, 2015
ADOPTED
NO. 296
SEQRA NEGATIVE DECLARATION -296 MARYLAND(FILL)
Non Significance
Negative Declaration
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency: City of Buffalo, Planning Board
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: Casa Serena at Maryland Place - New Construction
Location: 295 Maryland Ave, Buffalo, NY
Type of Action: Uncoordinated - Unlisted
Description: The Action involves the construction of a three (3) story apartment building on the 1.54 acre parcel on the corner of West Avenue and
Maryland Street. The apartment building will have 54 units, 6 units with two (2) bedrooms and 48 units with one (1) bedroom) along with an art
studio space on the second floor and an art gallery space on the third floor.
Casa Serena will have a significant amount of green space surrounded by 30,410 square feet or 45% of the entire project. The site will also contain
60 parking spaces screened with wooden fencing.
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
§627.7(c)(1) and in accordance with §617.7 (c)(2)(3).
The potential impacts are not significant. The construction of an infill building will not disturb any existing structures or surrounding environment.
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 have a minor increase in impervious
surfaces but this is not a significant impact.
The project will not have a substantial adverse change in existing traffic levels. The project is located in a residential area and is accessible to
existing public transportation routes. In addition, there are pedestrian accommodations resulting from this construction.
The project will not have a substantial adverse change in noise levels. The surrounding areas are primarily built out and used for residential
purposes. Due to the number of residential units on the property there should be no change in noise levels. CO:
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. There will be a minor increase consistent with the existing residential
use, however, these impacts would not be significant.
The project will not create a hazard to human health. However, the current site is undergoing remediation for contamination as it is part of the
NYSDEC Brownfield Cleanup Program.
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 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, neither 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 Marrero0 Director of Planning, Room 901 City Hall, Buffalo, New
York 14202, (726)851 -5029.
Dated: February 10, 2015
ADOPTED
NO. 297
SEQRA POSITIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
FOR THE PROPOSED HIGHLAND PARK PROJECT IN BUFFALO, NEW YORK
To All Interested and Involved Agencies:
Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing a Positive Declaration of Environmental Significance
for the proposed Highland Park project (the "Project') in Buffalo, New York, issued by the City of Buffalo Planning Board acting as Lead Agency.
If you have any questions or concerns regarding the Positive Declaration or the Project, please do not hesitate to contact me in the City of Buffalo
Planning Department at 716- 851 -5029,
Sincerely,
Nadine Marrero, AICP
City of Buffalo Director of Planning
SEQRA Positive Declaration
State Environmental Quality Review Act
POSITIVE DECLARATION
Notice of Intent to Prepare a Draft GEIS
Determination of Significance
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Conservation law.
The City of Buffalo Planning Board, as Lead Agency, has determined that the proposed Action described below may have a significant impact on the
environment and that a Draft Generic Environmental Impact Statement will be prepared.
Name of Action: Highland Park Project
SERQA Status: Type 1
Scoping: No
Description of Action:
Highland Park Village, LLC (the "Applicant ") is proposing to redevelop the former Central Park Plaza site (the "Site ") in the City of Buffalo by creating
a new residential area called Highland Park (the "Project "). The new development will contain approximately 725 housing units and a limited amount
of supporting commercial space. The Applicant intends to reconnect three streets (Hill Street, Wade Avenue, and Chalmers Avenue) that are
currently interrupted by the plaza's large footprint, and to create a pedestrian - friendly, mixed - income development that will help to unite surrounding
parts of the Fillmore -Leroy neighborhood. The Applicant has submitted a request for subdivision of land at the site, and future submissions for Site
Plan Approval, any needed variances and other required approvals will be made when appropriate as the Project moves forward.
Location:
The Site is located in the City of Buffalo, County of Erie, State of New York, on approximately 30 acres of land bounded by Manhattan Avenue and
certain adjoining lot lines to the East, Central Park Avenue to the South, Holden Street to the West and certain adjoining lot lines near Bennett
Village Terrace to the North with possible future westward expansion toward Fillmore Avenue.
Reasons Supporting This Determination:
The Action has been determined to be a "Type 1" action pursuant to 6 NYCRR 617.4(b)(6). Because of the scope of the proposed Action, the Lead
Agency has determined that the Project may create potentially significant adverse environmental impacts. The potentially significant adverse
environmental impacts from the Project include: traffic impacts, parking impacts, noise impacts, construction impacts, neighborhood impacts and
impacts to infrastructure /utility services. These potential impacts, and others, were discussed by the Lead Agency and the Applicant's
representatives. As a result, the Applicant will prepare a Draft Generic Environmental Impact Statement Studying the individual and collective
impacts of the proposed Project.
For Further Information:
Contact Person: Nadine Marrero
Address: Mayor's Office of Strategic Planning, City of Buffalo, 901 City Hall, 65 Niagara Square, Buffalo, NY 14202
Telephone Number: (716) 851 -5029
ADOPTED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 298
CONTRACT EXTENSION FOR NEW AMERICANS STUDY
Prior Council Reference: Item No. 00435, CCP 03/04/14 (UTA contract approval)
To ensure that the city is able to meet the needs of its newest residents, Mayor Brown directed the Office of Strategic Planning to develop a plan
and policies to ease the transition for immigrants and refugees, and to increase the city's ability to retain these groups after the initial resettlement
services provided by the federal government end.
The result of this effort will be a written report that: (1) analyzes existing immigrant and refugee populations and projects future trends; (2) outlines
the services required by these populations upon resettlement; (3) assesses the services currently being provided by the city; and (4) recommends
policies and procedures for the city to improve or expand these services.
The city publicly advertised for and received proposals to provide consultant services, and selected Urban Information Associates as best able to
provide these services. Using $50,000 in Year 38 CDBG funding, the city entered into a contract with UTA that ran from April 1 to September 30,
2014.
Approximately $45,000 has been expended to date, and both parties would like to extend the contract through March 31, 2015 so that final payment
can be made upon acceptance of the report. No additional funds are necessary for this action.
I respectively request that Your Honorable Body authorize appropriate city personnel to enter into such agreements and arrangements as are
necessary to extend the contract for these consultant services, and to facilitate and implement the objectives of this project.
Mr. Smith moved:
That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated February 12, 2015 be
received and filed; and
The Common Council hereby authorizes the Office of Strategic Planning and /or appropriate city personnel to enter into such agreements and
arrangements as are necessary to extend the contract for consultant services to develop a plan and policies to ease the transition for immigrants and
refugees, and to increase the City's ability to retain these groups after the initial resettlement services provided by the federal government end.
PASSED
AYES 9, NOES 0
NO. 299
REPORT OF SALE 396 BUSTI(ELL)
Vacant Lot 152 NW Hudson Lot Size: 25'x 100" Assessed Value: $2,300 (Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from Neil Durco, 318 Normal Ave, Buffalo, New York 14213 to
purchase 396 Busti Avenue. Mr. Durco is in the process of homesteading 400 Busti and would like to purchase the lot in order to expand his yard
space.
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.
Mr. Durco has agreed and is prepared to pay One Dollar ($1.00) per square foot for a total of Two Thousand Five Hundred Dollars ($2,500) for the
above referenced property. He has 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 396 Busti for the amount of Two Thousand Five Hundred Dollars ($2,500) to Mr.
Durco. 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.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 300
REPORT OF SALE 169 E PARADE & 173 E PARADE(MASTEN)
Report of Sale 169 Parade East Vacant Lot 29 S Fougeron Lot Size: 31'x 102' Assessed Value: $1,000 (Masten District)
Report of Sale 173 Parade east- Vacant Lot South Cor. Fougeron Lot Size: 29'x 102' Assessed Value: $1,000 (Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request from Donald Pride, 163 East Parade, Buffalo, New York 14211 to
purchase 169 and 173 Parade East. Mr. Pride would like to purchase the lots for additional yard space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale of these properties.
There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division
of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Sixty Cents ($.60) per square foot.
Mr. Pride has agreed and is prepared to pay Thirty Five Cents ($.35) per square foot for each parcel for a total of Two Thousand Two Hundred
Dollars ($2,200) for the above referenced properties. He has 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 169 and 173 Parade East for the amount of Two Thousand Two Hundred Dollars
($2,200) to Mr. Donald Pride. 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.
Mr. Smith moved:
That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated February 10, 2015, be
received and filed;
That the offer from Mr. Donald Pride of 163 East Parade, Buffalo, New York 14211, in the amount of Two Thousand Two Hundred Dollars
($2,200.00) for the purchase of 169 Parade East and 173 Parade East 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
NO. 301
WATERFRONT APARTMENTS PHASE I
Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, and Waterfront
Housing Development Fund Corp., And Waterfront Phase I LLC
The proposed Phase I of the Waterfront Apartments redevelopment will consist of the demolition of five existing buildings at the corner of 7th and
Carolina Streets, which contain a total of 137 residential units. The 22 households who resided in the five buildings have temporarily been internally
transferred to other available units in the complex. Upon completion of Phase I, the transferred households will be able to lease and occupy a new
Phase I unit if they qualify under the NYS Homes and Community Renewal household income and occupancy guidelines. If the households do not
qualify, they may remain in the unit that they have been transferred to on site. Phase I, the subject of this application will consist of the new
construction of 48 residential rental units:
• 10 one - bedroom /one bath units
• 10 two - bedroom /two bath units
• 2 two - bedroom /1.5 bath units
• 24 three - bedroom /1.5 bath units
• 2 three - bedroom /2 bath units
The newly constructed units will feature construction and design techniques that will meet the requirements of the Enterprise Green Communities
and NYSERDA programs. There will be five (5) fully - accessible apartment units for individuals with mobility impairments and two (2) apartment units
fully- adapted for persons with hearing or visual impairments.
The project will be owned by Waterfront Phase I LLC with an affiliate of Norstar Development USA, L.P. serving as the managing and controlling
entity of this project. Norstar Property Management USA, Inc. will also be the Phase I property manager.
The redevelopment's purpose is to continue to provide affordable housing for the existing residents and residents in Buffalo's downtown. The
Waterfront site sits on Niagara Street which is a major commercial corridor and gateway to the City center and historic Niagara Square. The goal is
to capitalize on the economic and social assets offered by the Central Business District and the considerable retail services of the commercial
district along Niagara Street.
The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent
(5 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the
duration of the 15 -year Pilot.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 302
CERTIFICATE OF NECESSITY HEALTH CARE ACTIVE
Transfer of Funds
We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is
necessary that the sum of $ 1,500,000 be transferred and reappropriated as set forth below:
From:
17301002 - 421002 Health Care Active $1,500,000
To:
25120090 - 391010 -1134 Special Revenue Fund $1,500,000
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 303
250 DELAWARE AVENUE SIDEWALK VAULT WITHIN CITY RIGHT OF WAY
Mr. Chris Nicosia of Uniland Development Company, owners of the property located at 250 Delaware Avenue, has requested permission to
encroach city right of way with an underground electrical transformer vault at said address.
The vault would house electrical equipment owned by National Grid bat the vault itself would be owned by Uniland Development or an associated
entity acceptable to the Corporation Counsel. 1 he vault would be located on Delaware Avenue, encroach 12' into city right of way, measure 57' in
length and 12' in depth. The vault will have a concrete roof with a metal grate.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -57 (Vaults, Coal Holes and Chutes) of the
City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtains any and all City of Buffalo permits necessary.
2. That the vault be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services.
3. That the applicant be responsible for any fees associated with the vault as described in Chapter 413 -57 of the City Charter.
4. That the applicant agree in writing to be responsible for any and all maintenance and or problems, liabilities, costs and or damages associated
with the vault into perpetuity and further that said obligations shall run with the land known as 250 Delaware Avenue and that said obligations shall
be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having title to the land known as 250
Delaware Avenue.
5. That the applicant supply the Department of Public Works, Parks & Streets with appropriate indemnities and with certificates of insurance and or
a bond in amounts deemed sufficient by the Corporation Counsel together with written agreements deemed appropriate by the Corporation Counsel,
which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and
removal of said vault.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 11, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -57 (Vaults, Coal Holes
and Chutes) of the City Charter, to issue a "Mere License" to Mr. Chris Nicosia of Uniland Development Company, owners of the property located at
250 Delaware Avenue, to encroach a City right -of -way with an underground electrical transformer vault at said address, provided the following
conditions are met:
That the applicant obtains any and all City of Buffalo permits necessary;
That the vault be installed exactly as shown on plans submitted to and approved by the Department of Permits and Inspection Services;
That the applicant be responsible for any fees associated with the vault as described in Chapter 413 -57 of the City Charter;
That the applicant agree in writing to be responsible for any and all maintenance and /or problems, liabilities, costs and /or damages
associated with the vault into perpetuity and further that said obligations shall run with the land known as 250 Delaware Avenue and that
said obligations shall be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having
title to the land known at 250 Delaware Avenue; and
That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of
insurance and /or a bond in amounts deemed sufficient by the Corporation Counsel, together with written agreements deemed
appropriate by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage
arising out of the construction, maintenance, use and removal of said vault.
PASSED
AYES 9, NOES 0
NO. 304
500 SENECA STREET CONDUIT WITHIN CITY RIGHT OF WAY ON MYRTLE STREET
Mr. Bill Paul of Savarino Companies, owner of the property located at 500 Seneca Street, has requested permission to encroach city right of way on
Myrtle Street with conduit.
Savarino Companies owns properties on both sides of Myrtle Street and installing conduit between the two would enable the applicant to establish a
unified computer, phone and electrical system.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City
Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtains the appropriate street cut permit from the Division of Engineering.
2. That the conduit be installed according to city specifications.
3. That the applicant becomes a member of Dig Safely New York as specified in New York State Code 753.
4. That the applicant supply the Department of Public Works, Parks & Streets with a bond and /or certificate of insurance, in an amount deemed
sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of
the construction, maintenance, use and removal of said conduit.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 11, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -67 (Encroachment
Regulations) of the City Charter, to issue a "Mere License" to Mr. Bill Paul of Savarino Companies, owners of the property located at 500 Seneca
Street, to encroach a City right -of -way on Myrtle Street with a conduit, provided the following conditions are met:
That the applicant obtains the appropriate street cut permit from the Division of Engineering;
That the conduit be installed according to City specifications;
That the applicant becomes a member of Dig Safely New York as specified in New York State Code 753;
That the applicant supply the Department of Public Works, Parks and Streets with a bond and /or certificate of insurance, in an amount
deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or
damage arising out of the construction, maintenance, use and removal of said conduit.
PASSED
AYES 9. NOES 0
NO. 305
CHANGE IN CONTRACT CITY COURT 4 T " FLOOR (ELL)
I hereby submit to Your Honorable Body the following change for the City Court 4 h Floor Renovations, Kideney Architects, C #93001264.
This change is for the reimbursement for cost overruns for printing.
The foregoing change results in a net increase in the contract of Six Hundred Ten Dollars and 19/100 ($610.19)
Summary: Original Contract Amount $74,910.00
Amount of prior Change Order 0
Amount of this Change Order 610.19
Revised Contract Amount $75,520.19
Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are
available in 36329806- 445100.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated
February 4, 2015, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order
in the amount of $610.19 (Original Contract Amount $74,910.00 + Change Order $610.19 for a Revised Contract Amount of $75,520.19) for the
City Court, Fourth Floor Renovations, to Kideney Architects, C #93001264. Funds for this work are available in Account #36329806- 445100.
PASSED
AYES 9, NOES 0
NO. 306
NOTICE OF EMERGENCY CONTRACTING 2014 NOVEMBER
TO REMEMBER SNOW REMOVAL EFFORT
Pursuant to Chapter 16 -3 of the City Charter and Chapter 103 [4] of New York State General Municipal Law, the Department of Public Works,
Parks and Streets entered into agreements with several contractors to perform snow removal services. A copy of the form of agreement and a list of
contractors is attached for your Honorable Body's information.
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
February 11, 2015, be received and filed;
That the Common Council, pursuant to Chapter 16 -3 of the City Charter, and Chapter 103[4] of the New York State General Municipal Law, hereby
authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into agreements with several contractors to perform
emergency snow removal services.
PASSED
AYES 9, NOES 0
NO. 307
PERMISSION TO ENTER INTO AGREEMENT W /ERIE COUNTY
KENMORE AVENUE RECONSTRUCTION PROJECT
PIN 5757.18 University District
PRIOR COUNCIL REFERENCE: No. 2273,11/2/2014
Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the Erie County for the
Design, Row acquisition, Construction and Construction Inspection phases of the project related to Kenmore Avenue Reconstruction Project.
In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non -
Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable.
This Project is Funded by FHWA, New York State, Erie County and the City of Buffalo as part of local Transportation Improvement Program
(T.I.P.). The Erie County & City of Buffalo each share is about 2.5% of the project total costs.
Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 10, 2015, be
received and filed; and
That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter
into all necessary agreements with Erie County for the design, row acquisition, construction and construction inspection phases of the project relate
to the Kenmore Avenue Reconstruction Project. This project is funded by the FHWA, New York State, Erie County and the City of Buffalo as part of
local Transportation Improvement Program (T.I.P.). Funding for this project will be available in Capital Project Account for the local match of the
Federal Aid projects.
PASSED
AYES 9, NOES 0
NO. 308
PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT BRIDGE REPLACEMENT
PROJECT - PIN 5470.30 NORTH / DELAWARE DISTRICT
Permission is requested from Your Honorable Body to authorizing the Mayor and or the Commissioner of Public Works, Parks and Streets as
appropriate to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) in connection with
Replacement of Elmwood Avenue Bridge over Scajaquada Expressway (NY ROUTE 198) Project.
NYSDOT has agreed to provide as part of their project the following items in connection with a street lighting system
a. Underground duct system, including conduits, pull boxes, hand holes and drainage pockets.
b. Ducts, pull boxes, and anchor bolts on structures.
c. Foundations for light standards.
d. Light standards and bracket arms.
In addition, permission is requested from Your Honorable Body to authorize the City of Buffalo for the following items:
1 -It will be the responsibility of the City of Buffalo's contractor, National Grid to install Luminaires, wiring, switches and ballasts and all other
components necessary to complete the lighting system
2 -City of Buffalo will maintain at its own expense the lighting system along State Highway within the geographical jurisdiction of the City upon
completion of construction of the above - identified Project. Such maintenance shall include, but not be limited to the repair and replacement of
equipment and the furnishing of electric current for the lighting system. The City of Buffalo shall continue to maintain the lighting system for a period
of 20 years or until such time as NYSDOT determines that such lighting and /or the maintenance of such lighting system is no longer necessary for
such State Highway /Arterial /Interstate.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 11, 2015, be
received and filed; and
That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter
into all necessary agreements with the New York State Department of Transportation ( NYSDOT) in connection with replacement of the Elmwood
Avenue Bridge over the Scajaquada Expressway (NY ROUTE 198) upon the following terms:
1. It will be the responsibility of the City of Buffalo's contractor, National Grid, to install luminaries, wiring, switches and ballasts, and all
other components necessary to complete the lighting system; and
The City of Buffalo will maintain, at its own expense, the lighting system along the state highway within the geographical jurisdiction of
the City upon completion of construction of the project. Such maintenance shall include, but not be limited to, the repair and
replacement of equipment and the furnishing of electric current for the lighting system. The City of Buffalo shall continue to maintain the
lighting system for a period of 20 years or until such time as the NYSDOT determines that such lighting and /or maintenance of such
lighting system is no longer necessary for such state highway /arterial /interstate.
PASSED
AYES 9, NOES 0
NO. 309
PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT NY GATEWAY
CONNECTION TO PEACE BRIDGE PLAZA PROJECT
PIN 5760.80 NIAGARA DISTRICT
PRIOR COUNCIL REFERENCE: (Item No. 2 C.C.P. 7/29/2014)
Your Honorable Body previously approved the item referenced above which allows our department in conjunction with Law Department enter into a
betterment project agreement and acquisition of City owned properties by New York State Department of Transportation ( "NYSDOT ") in connection
with NY Gateway Connection Improvement to U.S. Peace Bridge plaza Project.
Since your approval, per request from NYSDOT and we are in agreement that City of Buffalo will be responsible to maintain all the betterment
elements on the agreement at project completion.
I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such
other appropriate City personnel to enter into all necessary betterment agreement with the New York State Department of Transportation ( NYSDOT)
that may become necessary as a result of this project as it relates to the City of Buffalo.
Permission to Enter Into Agreement — NY Gateway Connection to Peace Bridge Plaza Project (Nia)(DPW)
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 10, 2015, be
received and filed; and
That the Common Council hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or other such
appropriate City personnel to enter into all necessary betterment agreement with the New York State Department of Transportation ( "NYSDOT ") in
connection with the NY Gateway Connection Improvements to the U.S. Peace Bridge Plaza Project.
PASSED
AYES 9, NOES 0
NO. 310
PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES SAFE ROUTES TO SCHOOL
NYSDOT PIN #5758.95 Contract #93000638 (Ell)
Contract Summary
Contract Amt.: $112,731.60
Amt. of Change Order: $ 24,519.05
New Contract Amt.: $137,250.65
1 hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the Consultant for the Safe Routes to
School Project for the City of Buffalo.
This contract provided for the Inspection and Construction Management of this project. This project was originally scheduled to be completed in one
construction season. Due to a late start, it continued into a second season. During the second season, delays were caused by unforeseen utility
conflicts. This increase is necessary to fund additional work needed to complete documentation and as -built drawings, to be provided to the City of
Buffalo, as final record of this project.
I certify that this increase is fair and equitable for the work involved. The funds are available in Capital Project Account #31981306 - 445600, Account
#35312606- 445100, an account(s) to be named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated February 4, 2015, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order
in the amount of $24,519.05 (Original Contract Amount $112,731.60 + Change Order $24,519.05 for a Revised Contract Amount of $137,250.65)
for the Safe Routes to School, to Bergmann Associates, C #93000638. Funds for this work are available in Capital Project Account #31981306-
445600, Account #35312606- 445100, and an account(s) to be named at a later date.
PASSED
AYES 9, NOES 0
NO. 311
REPORT OF BIDS - CORRECTION* RENOVATIONS TO CITY COURT
FOURTH FLOOR 50 DELAWARE AVE. (ELL)
PRIOR COUNCIL REFERENCE: Item #210 of 02/03/2015
1 advertised on November 18, 2014 and received the following sealed bids for the Renovations to City Court Fourth Floor, which, were publicly
opened and read on December 23, 2014.
General Construction Base Bid + Alternate #1 -- * * Allowances = Total Bid
Savarino Companies $398,800.00 $ 26,195.00 $141,000.00 $283,995.00
Nichter Construction $403,000.00 $ 35,000.00 $141,000.00 $297,000.00
RB Mac Construction
$503,000.00
$ 26,750.00
$141,000.00
$388,750.00
Miller Enterprises
$494,000.00
$ 44,000.00
$141,000.00
$397,000.00
Picone Construction
$535,900.00
$ 28,300.00
$141,000.00
$423,200.00
Sicoli Construction
$569,600.00
$ 29,000.00
$141,000.00
$457,600.00
Hadala Construction
$580,500.00
$ 46,500.00
$141,000.00
$486,000.00
Javen Construction
$569,000.00
$ 67,000.00
$141,000.00
$495,000.00
"The Allowances in the
General Construction
Bid had to be removed
due to lack of funds.
Electrical Work
Weydman Electric
$177,800.00
$ 18,400.00
$196,200.00
CIR Electrical
$194,750.00
$ 15,875.00
$210,625.00
Goodwin Electric
$198,000.00
$ 29,950.00
$227,950.00
M &M Electric Constr.
$216,500.00
$ 19,700.00
$236,200.00
Ferguson Electric
$234,000.00
$ 29,700.00
$263,700.00
Frey Electric
$238,000.00
$ 27,000.00
$265,000.00
O'Connell Electric
$309,900.00
$ 20,000.00
$329,900.00
HVAC Work
MLP Plumb. & Mech.
$ 73,200.00
$ 5,000.00
$ 78,200.00
Leo Roth Corp.
$118,520.00
$ 5,980.00
$124,500.00
Plumbing Work
'MKS Plumbing
$ 95,000.00
$ 8,300.00
$103,300.00
' Numarco Inc.
$124,200.00
$ 10,700.00
$134,900.00
MLP Plumbing
$131,800.00
$ 8,900.00
$140,700.00
Aekerman Plumbing
$147,754.00
$ 6,500.00
$154,254.00
Leo J. Roth Corp.
$179,825.00
$ 21,500.00
$201,325.00
'MKS Plumbing has declined the project because they neglected to include Fire Suppression in their bid. Therefore, we are awarding the Plumbing
Work to the next responsible bidder, Numarco Inc.
I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications:
General Construction: Savarino Companies with a bid of $283,995.00
Electrical Work: Weydman Electric with a bid of $196,200.00
HVAC Work: ' Numarco Inc. with a bid of $134,900.00
The total bid cost will be: $693,295.00 plus a contingency of $64,129.31 for a grand total of Seven Hundred Fifty Seven Thousand, Four Hundred
Twenty Four Dollars and 31/100 ($757,424.31).
Funds for this project are available in the following accounts: 38324306 - 445100, 34323106 - 445100 and 35323106 - 445100, 36329806- 445100.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to proceed on the basis of the lowest
responsible bids.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 10, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Renovations to
City Court, Fourth Floor, with the following:
General Construction
Savarino Companies, with a bid of $283,995.00
Electrical Work
Weydman Electric, with a bid of $196,200.00
HVAC Work
MLP Plumbing & Mechanical, with a bid of $78,200.00
Plumbing Work
Numarco Inc., with a bid of $134,900.00
The total bid cost will be $693,295.00, plus a contingency of $64,129.31, for a grand total of $757,424.31.
Funds for this project are available in Accounts #38324306 - 445100, 34323106 - 445100, 35323106 - 445100 and 36329806- 445100.
PASSED
AYES 9, NOES 0
NO. 312
REPORT OF BIDS ERIE BASIN MARINA -THE HATCH ADDITIONS
& ALTERATIONS PHASE II (FILL)
I advertised on December 23, 2014 and received the following sealed bids for the Erie Basin Marina -The Hatch Additions & Alterations, which, were
publicly opened and read on January 20, 2015.
General Construction
Base Bid
Accepting Alt 1 Deduct =
Total Bid
' Javen Construction Co. Inc.
$647,000.00
$ 90,000.00
$557,000.00
Kirst Construction
$670,000.00
$ 91,000.00
$579,000.00
Northern Dreams Constr
$695,000.00
$ 96,495.00
$598,505.00
Nichter Construction Inc.
$692,700.00
$91,000.00
$601,700.00
Picone Construction
$721,000.00
$ 91,900.00
$629,100.00
'Disqualified bid due to Bid Bond being 5% when requirement is 10%
Electrical Work
Goodwin Electric $ 79,800.00
Industrial Power & Lighting $ 88,600.00
CIR Electrical Construction $ 98,700.00
Weydrnan Electric, Inc. $ 99,400.00
Frey Electric $102,000.00
HVAC /Mechanical Work
Northeast Mechanical $ 53,200.00
Parise Mechanical Inc. $ 75,000.00
Plumbing Work
Numarco Inc. $105,700.00
MKS Plumbing $143,955.00
Ackerman Plumbing Inc. $165,076.00
1 hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications:
General Construction Kirst Construction with a bid of $579,000.00
Electrical Work Goodwin Electric with a bid of $79,800.00
HVAC Work Northeast Mechanical with a bid of $53,200.00
Plumbing Work Numarco Inc., with a bid of $105,700.00
The total bid cost will be: $817,700.00 plus a 5% contingency of $40,885.00 for a grand total of Eight Hundred Fifty Eight Thousand, Five Hundred
Eighty Five Dollars and 00/100 ($858,585.00).
Funds for this project are available in the following accounts: 36328206- 445100, 38328206 - 445100.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to proceed on the basis of the lowest
responsible bids.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 9, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Erie Basin
Marina -The Hatch Additions and Alterations, with the following:
General Construction
Kirst Construction, with a bid of $579,000.00
Electrical Work
Goodwin Electric, with a bid of $79,800.00
HVAC Work
Northeast Mechanical, with a bid of $53,200.00
Plumbing Work
Numarco Inc., with a bid of $105,700.00
The total bid cost will be $817,700.00, plus a 5% contingency of $40,885.00, for a grand total of $858,585.00.
Funds for this project are available in Accounts #36328206- 445100 and 38328206 - 445100.
PASSED
AYES 9, NOES 0
NO. 313
REPORT OF BIDS
LASALLE AND MANHATTAN PARK RECONSTRUCTION
I advertised for on December 15, 2014 and received the following formal sealed bids for the LaSalle and Manhattan Park Reconstruction Project,
which were publicly opened and read on January 12, 2015.
General Construction Base Bid LaSalle Base Bid Manhattan Alt #1 Alt #2 Alt #3
Savarino Companies, LLC $168,000 $209,000 $32,40() $14,164 $3,500
95 Perry St., Suite 104, Buffalo NY
Miller Enterprises, Inc. $179,000 $255,000 $26,000 $15,000 $14,000
12 Newfield St., Buffalo NY
Goodwin Electric Corp. $218,000 $274,000 $21,000 $14,000 $12,000
201 S. Youngs Rd., Williamsville NY
Alternate #1 : Concrete Sidewalk
Alternate #2: Countertops & Cabinets
Alternate 43: Fencing
I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids
received and that the following are the lowest responsible bidders in accordance with the plans and specifications:
General Construction: Savarino Companies, LLC in the amount of Four Hundred Fourteen Thousand Seven Hundred Dollars and 00/100 -
$414,700.00 [$168,000.00 (Base Bid LaSalle) + $209,000.00 (Base Bid Manhattan) + $37,700 (10% contingency) _ $414,700.00 (Total Contract
Amount)].
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid.
Funding for this project is available in 38404706 - 489140 - Parks and other account(s) to be named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 28, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the LaSalle and
Manhattan Park Reconstruction with Savarino Companies, LLC, with a total bid of $414,700.00 (Base Bid - LaSalle of $168,000.00 + Base Bid -
Manhattan of $209,000.00 + 10% Contingency of $37,700.00 for a Total Bid of $414,700.00). Funding for this project is available in Account
#38404706 - 489140 — Parks and other account(s) to be named at a later date.
PASSED
AYES — 9 NOES - 0
NO. 314
REPORT OF BIDS STREETLIGHT REPLACEMENT RICHMOND AVE PHASE II GROUP 815
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or
less than the total bid.
The following bids were received Base Bid Base Bid + 10% Unit Price Increase
South Buffalo Electric Inc. $72,321.90 $79,554.09
1250 Broadway St.
Buffalo, NY 14212
I hereby certify that the low bidder for the above project is South Buffalo Electric Inc.
I respectfully recommend a contract award in the amount of $79,554.09 ($72,321.90 -Base Bid + $7,232.19 - 10% unit price increase =$79,554.09 -
Total ContraetAmounO. Funds for this contract are available in #37315506- 445100 and an account(s) to be named at a later date.
The engineer's estimate for this work is $63,305.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders
may withdraw his bid if an award of the contract is not made by March 21, 2015. Individual bid submissions are available in our office for inspection
and copies are available upon request.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 5, 2015, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Streetlight
Replacement, Richmond Avenue, Phase II with South Buffalo Electric Inc., with a total bid of $79,554.09 (Base Bid of $72,321.90 + + 10% Unit
Price Increase of $7,232.19 for a Total Bid of $79,554.09). Funding for this contract is available in Account #37315506 - 445100 and an account(s)
to be named at a later date.
PASSED
AYES — 9 NOES — 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 315
2015 FOOD STORE LICENSE RENEWALS "AMENDED" TO ADD
BUSINESS NAME /LICENSEE NAME
Pursuant to Chapter 194 "Food Stores" of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals ",
attached, please find a list of Food Store Licenses expiring on April 1, 2015 that were not included in the original submittal.
As per Chapter 194 -7.1 "the Common Council shall notify this department, in writing, each license it believes requires further investigation by the
Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it
deems pertinent to the investigation of the licensee.
Finally, any actions taken by this Honorable Body with regards to the provisions of a specific Food Store License should be documented during an
official Common Council Proceedings with subsequent notice to this department.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY &
URBAN AFFAIRS
NO. 316
PERMISSION TO AUCTION /SCRAP
The Division of Purchase is requesting permission to dispose of the listed below vehicle /equipment by means of auction or scrap.
T-001 -B 1980 GMC UTILITY TKAT BUILDINGS GARAGE ON SENECA ST
S -048 2000 VOLVO DUMP GARBAGE TRUCK
B -94 -S 2001 FORD PICKUP
S -146 2001 VOLVO DUMP
P -325 -S 2003 CROWN VIC
P -915 2009 Ford CV
P -937 2009 Ford CV
P -654 2006 Ford CV
P -921 2009 Ford CV SUBJECT:
P -617 2006 Ford CV
P -176 2001 Ford Taurus
P -884 2008 Ford CV
P -314 2003 Ford CV
P -324 2003 Ford CV
P -326 2003 Ford CV
P -423 2004 Ford CV
P -944 2009 Ford CV
Multi Copy Collator 16
Serial Number 340476
COB Tag #030081
D1950 Series Inserter
Serial Number 2202803
COB Tag #088037
Mr. Smith moved:
That the above item be, and the above communication from the Director of Purchase, dated February 11, 2015, be received and filed;
That the Common Council hereby authorizes the Director of Purchase to auction /scrap the following vehicles as they have been determined to be no
longer of use or not road worthy:
T-001 -B 1980 GMC Utility TK at Buildings Garage on Seneca Street
S -048 2000 Volvo Dump Garbage Truck
B -94 -S 2001 Ford Pickup
S -146 2001 Volvo Dump
P -325 -S 2003 Crown Victoria
P -915 2009 Ford CV
P -937 2009 Ford CV
P -654 2006 Ford CV
P -921 2009 Ford CV
P -617 2006 Ford CV
P -176 2001 Ford Taurus
P -884 2008 Ford CV
P -314 2003 Ford CV
P -324 2003 Ford CV
P -326 2003 Ford CV
P -423 2004 Ford CV
P -944 2009 Ford CV
Multi Copy Collator 16, Serial Number 340476, COB Tag #030081
D1950 Series Inserter, Serial Number 2202803, COB Tag #058037
PASSED
AYES — 9 NOES - 0
FROM THE CITY CLERK
NO. 317
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board
Address
Business Name
Owner's Name
437 Ellicott St
Toutant
Toutant LLC
1503 Hertel Ave
Lloyd Taco Factory LLC
Loyd Taco Factor LLC
537 Main St
537 Main St
Raclettes LLC
555 S. Park Ave
Adolf's Old First Ward Tavern 555 Tavern LLC
95 Perry St. Suite 102
Mocha Vino
95 Perry Restaurant LLC
492 Elmwood Ave
Toro
Cocina Kitchen Group LLC
RECEIVED AND FILED
NO. 318
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Smith moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment effective February 11, 2015 in the Department of Common Council, Division of City Clerk to the position of Intern VIII, Unclassified at
the flat salary of $15.00 /hr
Gibran Johnson, 283 Mulberry St, Buffalo, NY 14204
CERTIFICATE OF APPOINTMENT
Appointment effective February 13, 2015 in the Department of Common Council, Division of masten District to the position of Intern IX, Unclassified
at the flat salary of $12.85/hr
Michael E. Smith, 2025 Delaware Ave Apt 1 G, Buffalo, NY 14216
NO. 319
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 02/02/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker,
Permanent at the minimum salary of $23,908.00
Sherrad Bennard Jr, 3 Tower St. Unit # 205, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 02/02/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Dog Control Officer,
Provisional at the minimum salary of $23,908.00
Paul Wert, 92 Johnson Park, Buffalo, NY 14201
CERTIFICATE OF APPOINTMENT
Appointment effective 02/04/2015 in the Department of Audit and Control, Division of Audit to the Position of Senior Auditor, Temporary at the
minimum salary of $44,790.00
Nicholas Trigilio, 41 Duluth Avenue, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective 02/17/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Veterinary
Technician, Provisional at the minimum salary of $34,711
Jason Hayes, 362 Baynes St Upper, Buffalo, NY 14213
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
No. 320
BUFFALO WATER BOARD - MONTHLY REPORT JANUARY 2015
Copy available for review in the City Clerk's Office
RECEIVED AND FILED
NO. 321
M. CONNELLY- PROGRESS REPORT OF THE
COMMITTEE FOR FAIR ELECTIONS THROUGH PUBLIC FINANCING
TO THE LEGISLATION COMMITTEE OF THE CITY OF BUFFALO COMMON COUNCIL
Introduction
The Committee for Fair Elections through Public Financing is pleased to report on its progress in developing a plan for public financing of elections
for Buffalo's municipal offices. We look forward m discussing our work with the Legislation Committee and other members of the Common Council,
as well as with members of the public as part of our planned public engagement and education efforts.
As you undoubtedly recall, at the end of May 2014, the Buffalo Common Council passed a resolution "Fair Elections: Public Financing for Elections
in the City of Buffalo." It passed unanimously, establishing a committee of citizens consisting of a representative from each of 11 community
organizations, along with several at -large members.
The following members of each organization are qualified representatives of their respective organizations and are serving a term of two years:
1. Buffalo Niagara League of Women Voters - Janet Massaro (co- chair)
2. Citizen Action - Jim Anderson (co- chair)
3. Partnership for the Public Good - Megan COrmelly (co- chair)
4. New York Leadership for Accountable Government - Diana Cihak
5. PUSH Buffalo - Jennifer Mecozzi - Pdvera
6. Public Accountability Initiative - Rob Galbraith
7. Common Cause /NY - Barbara Rogers
8. Coalition of Black Trade Unionists - Kathy Hunter
9. Coalition of Black Social Workers - Charlene Strasser
10. Hispanic Heritage Council - Maritza Vega
The following members serve in an At -Large capacity for two years:
1 Ellen Kennedy
2. Bill Nowak
3, Vanessa Quinn
4, Mike Raleigh
5, Joel Rose
6. Brenda Sherman
The Committee reserves the right to add additional At Large members in future discussions.
The resolution directed the committee m focus on:
• Developing a plan for a public finance system for the positions of Mayor, Comptroller,
District Council Member. and members of the Board of Education;
• Forming a campaign finance board;
• Campaign spending limits and public matching fund amounts;
• Requirements to receive public funds; and
• How to fund a public finance system.
Since the summer, the committee has been meeting regularly every'two to three weeks. The committee has had solid attendance and an engaged
core of organizations and individuals committed to moving this work forward. Our research and discussion has been far - ranging, thoughtful and
stimulating. The organization Common Cause New York has served in an advisory role to the committee.
Research Topics
Initial research focused on best practices from other municipalities that have implemented public financing of elections. Research shows that 15
jurisdictions have some form of municipal public financing.
Success Stories:
• Public financing like that used in New York City which provides a 6 -to- 1 match on
small contributions from New York City residents creates incentives for average
people to get more involved and reinforces the belief that their participation matters. New
York City has had a public financing system in place since 1988. In the most recent
citywide election in 2013, 92% of candidates on the primary ballot participated in the
system while 72% of candidates participated in the system for the general election.
• Arizona experienced a more than threefold increase in gubernatorial contributions after
the implementation of public financing, with the majority of contributors earning $50,000
or less per year.
• Committee also examined local or municipal public financing systems for Albuquerque,
New Mexico; Seattle, Washington; Los Angeles, California; and Montgomery County,
Maryland.
• Contested elections are good for democratic values. Public financing has been shown to
increase the percentage of contested races; a 2010 study found that "both Maine and Arizona have enjoyed a genera! decline in races with
unopposed incumbents" since public financing was implemented.
Campaign Spending:
Examining calendar -year expenditures reported by citywide and Council candidates' campaign committees in election years to the New York State
Board of Elections from 2005 - 20131:
• Winning Common Council candidates spent from $2,500 to $60,000 on campaigns.
Winning candidates spent approximately $25,000 on average.
• The average spending of all candidates challenged in the primary or general election was
$24,727.05.
• Unopposed Common Council candidates have spent from around $2,500 to $19,000 in
election years. On average, unopposed Common Council candidates spend $9,734.55 in election years.
• Mayoral candidates spent from approximately $28,000 to $t.4 million.
1 The Committee will next take up research into School Board races,
Issues and Recommendations
Based on information regarding best practices from other municipalities that have implemented public financing of elections, we have identified the
following issues as among those essential to resolve in order to develop a workable plan. As in other municipal systems, our recommendations are
based on the assumption that Buffalo's plan would be a voluntary system into which candidates would be required to opt -in, providing participating
candidates with matching funds for small contributions in order to help shift the emphasis towards small dollar contributors in Buffalo's city
elections. Ova" initial research and discussions have centered on Buffalo's citywide and council races; our preliminary recommendations regarding
elections for those offices follow. The committee has identified additional issues, including resolving the identified issues for School Board races,
which we will address as our work continues-
Issue: Thresholds for matching funds. Setting the appropriate threshold for qualifying for matching funds requires balancing the desire to insure that
only qualified candidates with a broad base of support among constituents qualify for public money against the need to set the threshold at a
practical and obtainable level so that money is not an insurmountable barrier for community members seeking to qualify.
Recommendation: In order to qualify for public financing the following thresholds should be met:
a. Mayor - participating candidates would need to receive a minimum of $10 each
from no fewer than 120 Buffalo registered voters;
b. Comptroller - participating candidates would need to receive a minimum of $10
each from no fewer than 80 Buffalo registered voters;
c. District Council Member - participating candidates would need to receive a
minimum of $10 each from no fewer than 40 registered voters who live within the district.
Issue: Type of Contributors. One of the goals of a public funding of elections system is to help refocus candidates and elections away from large
donors and special interests and towards small dollar donors, who are often constituents, and to encourage candidates to spend more time
interacting with voters. All of the municipal systems we looked at place restrictions on the types of entities which can make campaign
contributions to help facilitate this goal.
Recommendations: Participating candidates should agree to abide by the following restrictions:
a. Only contributions from individuals would be allowed.
b. No corporate contributions would be allowed (Corp., Co., Inc., LLC, PC,
Partnership, LLP).
c. Contributions from PACs or other entities would not be permitted.
3. Issue: Level of Public Matching Funds. In determining the level of matching funds which we recommend, the Committee sought to provide a
match which would be an incentive to candidates to participate, providing sufficient funding to run an effective,
competitive campaign while not providing more public money than was actually needed by a competent candidate to run a good campaign.
• Recommendation : Contributions of up to $100 to participating candidates would be matched on a six to one (6:1) basis. For example, if a
Common Council candidate raises $50 from a registered voter in the district, the program would provide $300, bringing that donation to a total of
$350.
Issue: Expenditure limits for participating candidates. All municipal public funding of elections systems the committee examined set expenditure
limits, so that the public could be assured that the system was not writing a blank check to candidates and candidates were aware of the maximum
amount of money they would have available to campaign. The committee's goal in setting this limit was to provide sufficient funding for participating
candidates to run an effective, competitive campaign, not to provide the upper reaches of what candidates might be able to raise in a private
campaign fund - raising system.
Recommendations:
a. Mayor - Expenditure limit for participating candidates would be $500,000;
public funds limit would be $360,000; Individual contribution limit would be $500, but only the first $100 would be matched.
b. Comptroller - Expenditure limit for participating candidates would be $250,000;
public funds limit would be $180,000; Individual contribution limit would be $250, only the first $100 would be matched.
c. District Council Member - Expenditure limits for participating candidates
would be $35,000; Public funds limit would be $18,000; Individual contribution limit would be $250, only the first $100 would be matched.
Further Information Needed & Future Discussion:
In accordance with the charge of the Common Council, the Committee is examining and will next report on two key issues: source of funding and
administration and enforcement of the public financing program. Some systems of public funding of elections have dedicated funding sources,
which makes the funding of the program more predictable, rather than yearly allocations from the general fund The committee is examining possible
dedicated funding sources. In addressing the issue of administration and enforcement of a public funding program, the Committee is mindful that
strong enforcement is essential to any program utilizing public funds. The Committee's research has confirmed our belief that enacting public
financing is a vital step in promoting good governance and is worthy investment in the infrastructure of democracy for the City of Buffalo and its
residents.
Respectfully Submitted,
Committee for Fair Elections through Public Financing
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 322
A ,HOLYCROSS, WVAC PARAMETERS -240 & 260 LAKEFRONT BLVD
First and foremost, we would like to take this opportunity to thank you and your team for your presentation of your proposed development of the 240-
260 Lakefront Boulevard parcel
During your presentation as well as outlined in our comments to you. we would review the presentation and provide our feedback regarding the
proposed develoi0ment clans as a tool for further direction as you finalize your proposal for further review by the various City of Buffalo agencies.
This was accomplished with two WVAC meetings in person as well a number of emails. telephone and verbal communications to arrive at the
attached parameters document.
For this reason we have attached a list of parameters for your consideration in the final version of your plans. We established specific benchmarks
regarding eight (8) categories that would have an impact on the project and the community in general.
It is requested that you review each of me eight (8) categories and determine based on your revised plans if the requests are feasible. If not. simply
reply with your minimum standard for the various categories (i.e. Parking will maintain two (2) Parking spaces net unit and provide a minimum of xx
number of parking spaces for guest parking and snow storage).
I believe that you requested a minimum of two (2) days to review the attached document therefore we would request a reply in writing no later than
Tuesday, October 14 2014 If there is any questions regarding the attached document or difficulty in meeting the proposed timeline please advise me
by reply e-mail or cell phone 713 -0029.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 323
M. LOCURTO- RICHMOND AVE PARKING PETITION
PROPOSAL
Suspend Alternate Parking regulations from April to November on Richmond between Forest and Symphony Circle (North St), except for 9am -12pm
on garbage day to allow access for city services.
Total Sent: 345
Respondents in Favor: 89% (111)
Respondents Opposed: 11 % (14)
—75 letters returned in mail as undeliverable as addressed
"Detailed results can be made available for internal city use but is being withheld for privacy reasons"
REFERRED TO THE COMMISSIONERS OF PUBLIC WORKS AND PARKING
NO. 324
MEMORANDUM
D. SMITH -D. ELSENBEK- RESPONSE REGARDING AUDIT OF STREET LIGHTS IN COB
National Grid
I would like to file that attached information for the next Common Council meeting to be held on February 17, 2015.
Thank you.
February 3, 2015
Mark J. F. Schroeder, Comptroller
City of Buffalo, Department of Audit and Control
1225 City Hall
Buffalo, NY 14202
Dear Comptroller Schroeder,
In advance of our meeting this week to discuss the ongoing audit of street lights in the City of Buffalo, I wanted to respond to your letter of Jan. 22
as you requested. We look forward to working directly with the Comptroller's office going forward.
While we remain committed to cooperating fully with the City and its auditor, at this point I am unable to give you a specific timetable for our
response to the audit. While we did receive multiple claims for review at the end of September, we have since received several additional inquiries
from Troy & Banks. As we explained to your auditor, we are responsible for adhering to our street lighting tariffs in these matters and, as such, are
unable to complete our review and reconciliation until all claims have been submitted. To date, neither Troy & Banks nor the Comptroller's office has
provided us with an indication that their work is complete.
That said, we are reviewing claims made by the auditor on behalf of the City and will provide our comprehensive response once our research is
complete. This is typically a lengthy process based on the size of the account, the number of claims and our desire to be thorough and fair.
Second, a claim made as part of an audit is just that: a claim. Until we can verify that an invoice contains an error or overcharge, there is no benefit
to changing the invoice. Our recent experience with Troy & Banks in other municipalities has shown the actual billing error rate to be significantly
lower than claimed. If we were to make changes based solely on an auditor's belief, and those claims were proven later to be incorrect, we would be
in a position of having to bill and re -bill. Again, once all claims are made, reviewed and reconciled, any amounts owed that may be owed to the City
will be paid in full, with interest.
Finally, with regard to questions about the 2006 audit, that matter resulted in a fair and equitable settlement agreed to be all sides. Answers to
questions about that audit and settlement are contained in the settlement document and supporting materials, which are in the City's possession.
We value the City of Buffalo as a customer, and look forward to coming to a final conclusion of this process. The
tariff process currently in place for addressing these matters is intended to assure a fair outcome for all parties,
and it is important that we follow that process. I look forward to discussing this further at our meeting this week.
REFERRED TO THE COMMITTEE ON FINANCE
PETITIONS
NO. 325
K. BRINKWORTH, OWNER, USE 1487 HERTEL TO REESTABLISH AN EXISTING TAVERN UNDER NEW
OWNERSHIP IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT
(DEL)(HRG 2/24)
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 326
D. HALL, AGENT, USE 960 BUSTI- CHANGE OF USE, 4 STORY WAREHOUSE /OFFICE BLDG CONVERT
TO APARTMENTS AND COMMERCIAL TENANCY
(NIA)(HRG 2/24)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING and ZONING BOARD OF APPEALS
REGULAR COMMITTEES
CIVIL SERVICE
(RASHEED N.C. WYATT, CHAIRPERSON)
NO. 327
APPOINT SUPERVISOR STREET SANITATION I(WEIMER)(PROV)(PW)
CCP# 212- 15 -02/03
Mr. Wyatt moved:
That Communication 212 of Feb 3, 2015, be received and filed and that the Provisional Appointment of Thomas Weimer, 27 Brookside, Buffalo, NY
14220 to the Position of Supervisor of Street Sanitation I, Provisional at the Intermediate Salary of $ 39,010.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 328
APPOINT TRUCK DRIVER(SCANLON)(PROV)(MAX)(PW)
CCP# 213- 15 -02/03
Mr. Wyatt moved:
That Communication 213 of Feb 3, 2015, be received and filed and that the Provisional Appointment of Michael Scanlon, 363 Downing St, Buffalo,
NY 14220 to the Position of Truck Driver, Provisional at the Maximum Salary of $ 37,447.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 329
APPOINT DISPATCHER(HAHN)(PERM)(PKG)
CCP# 224- 15 -02/03
Mr. Wyatt moved:
That Communication 224 of Feb 3, 2015, be received and filed and that the Permanent Appointment of Kelly I Hahn, 280 Cable St, Buffalo, NY
14206 to the Position of Dispatcher, Permanent at the Maximum Salary of $ 38,615.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 330
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 16-230,02/03)
Mr. Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 331
BUDGET AND PERSONNEL AMENDMENT 25 HUMAN RESOURCES
1054 - CIVIL SERVICE
(ITEM NO. 292, C.C.P., FEB. 3, 2015)
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 25 -1054 - Human Resources - Civil Service which currently reads:
1 Account Clerk Typist $31,754- $32,127
Is hereby amended to read:
1 Senior Clerk $32,113 - $35,582
PASSED
AYES — 9 NOES - 0
FINANCE
(RICHARD A. FONTANA CHAIRMAN)
NO. 332
BOND RESOLUTION - FIRE APPARATUS PURCHASE
(ITEM NO. 268, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of firefighting
apparatus for the Fire Department in the City of Buffalo, at the estimated total cost of $2,113,250.00.
PASSED
AYES — 9 NOES - 0
NO. 333
BOND RESOLUTION - STREET VEHICLES PURCHASE
(ITEM NO. 269, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of pick -up
trucks and garbage packers for the City of Buffalo Sanitation Department, at the estimated total cost of $500,000.00.
PASSED
AYES — 9 NOES - 0
NO. 334
BOND RESOLUTION - ALLEN STREET - BNMC IMPROVEMENTS (ITEM NO. 260, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo, in addition to the $250,000.00 bonds
previously issued, to finance the local share of the cost of Allen Street improvements between Washington and North Oak Streets and between Main
Street and Wadsworth Street, in the City of Buffalo, at the estimated total cost of $6,800,000.00.
PASSED
AYES — 9 NOES - 0
NO. 335
BOND RESOLUTION - BRIDGE REHABILITATION- VARIOUS
(ITEM NO. 261, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
various bridges Citywide, at the estimated total cost of $500,000.00.
PASSED
AYES — 9 NOES — 0
NO. 336
BOND RESOLUTION - ELK AND OHIO STREET BRIDGES REHABILITATION
(ITEM NO. 262, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of planning
rehabilitation /reconstruction of the Elk Street Bridge over the railroad tracks between Lee and Smith Streets and the Ohio Street Lift Bridge over the
Buffalo River between St. Clare and Ganson Street, in the City of Buffalo, at the estimated total cost of $170,130.00.
PASSED
AYES — 9 NOES - 0
NO. 337
BOND RESOLUTION - ERIE BASIN MARINA REHABILITATION
(ITEM NO. 263, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of reconstruction of the Erie
Basin Marina, in the City of Buffalo, at the estimated total cost of $535,000.00.
PASSED
AYES — 9 NOES - 0
NO. 338
BOND RESOLUTION - GENESEE STREET IMPROVEMENTS
(ITEM NO. 264, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of partial
reconstruction of Genesee Street between Washington and Elm Streets, in the City, at the estimated maximum cost of $2,002,500.00.
PASSED
AYES -9 NOES -0
NO. 339
BOND RESOLUTION - HAMBURG STREET BOAT DOCK IMPROVEMENTS
(ITEM NO. 266, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to the Hamburg Street Dock located on the bank of the Buffalo River adjacent to the southern terminus of Hamburg Street in the City, at
the estimated total cost of $52,000.00.
PASSED
AYES — 9 NOES — 0
NO. 340
BOND RESOLUTION - INFRASTRUCTURE IMPROVEMENTS - CITYWIDE
(ITEM NO. 266, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of infrastructure
improvements Citywide, at the estimated total cost of $5,818,000.00.
PASSED
AYES — 9 NOES - 0
NO. 341
BOND RESOLUTION -KENMORE AVE RECONSTRUCTION
CCP#15 -286, FEB 3
Mr. Fontana now moves that the above item be Received and Filed.
ADOPTED
NO. 342
BOND RESOLUTION - NIAGARA STREET IMPROVEMENTS PHASE II
(ITEM NO. 268, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
Niagara Street from Virginia Street to Porter Avenue in the City of Buffalo, at the estimated total cost of $1,070,000.00.
PASSED
AYES — 9 NOES - 0
NO. 343
BOND RESOLUTION - NIAGARA STREET GATEWAY IMPROVEMENTS PHASE III AND 1V
(ITEM NO. 269, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo, and the application of proceeds
from $1,345,000.00 bond to be authorized in the future, to finance the local share of the cost of partial reconstruction of Niagara Street from Porter
Avenue and Ontario Street and the intersection of Niagara Street and West Ferry Street, in the City of Buffalo, at the estimated maximum cost of
$1,720,000.00.
PASSED
AYES — 9 NOES - 0
NO. 344
BOND RESOLUTION - SHORELINE TRAIL REHABILITATION
(ITEM NO. 270, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of
rehabilitation of Shoreline Trail located on Squaw Island, in the City of Buffalo, at the estimated maximum cost of $2,008,000.00.
PASSED
AYES — 9 NOES — 0
NO. 345
BOND RESOLUTION - SOUTH PARK BRIDGE REHABILITATION
(ITEM NO. 271, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of
rehabilitation for South Park Loop Bridge over South Park Lake, in the City of Buffalo, at the estimated maximum cost of $1,200,000.00.
PASSED
AYES — 9 NOES - 0
NO. 34G
BOND RESOLUTION - ALLENDALE THEATER UPGRADES
(ITEM NO. 272, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
the Allendale Theater located at 203 Allen Street, in the City of Buffalo, at the estimated total cost of $172,324.00.
PASSED
AYES -9 NOES -0
NO. 347
BOND RESOLUTION - BROADWAY MARKET FLOOR REHABILITATION
(ITEM NO. 273, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of rehabilitation of the
concrete floor of the Broadway Market, located at 999 Broadway, in the City of Buffalo, at the estimated total cost of $130,000.00.
PASSED
AYES — 9 NOES — 0
NO. 348
BOND RESOLUTION - CAZENOVIA PARK CASINO IMPROVEMENTS
(ITEM NO. 274, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of Cazenovia Park Casino
Improvements, in the City of Buffalo, at the estimated total cost of $527,769.00.
PASSED
AYES — 9 NOES — 0
NO. 349
BOND RESOLUTION - CITY COURT RENOVATIONS
(ITEM NO. 276, C.C.P., FEB: 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
the City Court Building at 50 Delaware Avenue, in the City of Buffalo, at the estimated total cost of $3,224,407.00.
PASSED
AYES — 9 NOES — 0
NO. 350
BOND RESOLUTION - DOWNTOWN BALL PARK (COCA -COLA FIELD) IMPROVEMENTS
(ITEM NO. 276, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to Coca -Cola Field located at 275 Washington Street, in the City of Buffalo, at the estimated total cost of $500,000.00.
PASSED
AYES — 9 NOES — 0
NO. 361
BOND RESOLUTION - FIRE STATION IMPROVEMENTS
(ITEM NO. 277, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of improvements "or
Engine 21 and Engine 28, in the City of Buffalo, at the estimated total cost of $400,000.00.
PASSED
AYES — 9 NOES - 0
NO. 352
BOND RESOLUTION - LIBRARY BUILDING RENOVATIONS
(ITEM NO. 278, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
City Library Buildings, in the City of Buffalo, at the estimated total cost of $150,000.00.
PASSED
AYES — 9 NOES — 0
NO. 353
BOND RESOLUTION - MCKINLEY MONUMENT RESTORATION
(ITEM NO. 279, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of restoration of the McKinley
Monument located at Niagara Square, in the City of Buffalo, at the estimated total cost of $222,000.00.
PASSED
AYES — 9 NOES — 0
NO. 354
BOND RESOLUTION - MUSEUM OF SCIENCE ROOF AND MASONRY RECONSTRUCTION
(ITEM NO. 280, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
the Buffalo Museum of Science located at 1020 Humboldt Parkway, in the City of Buffalo, at the estimated total cost of $584,027.00.
PASSED
AYES — 9 NOES — 0
NO.355
BOND RESOLUTION - POLICE PRECINCT RENOVATIONS
(ITEM NO. 281, C.C.P., FEB. 3 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
Police Department Buildings, in the City of Buffalo, at the estimated total cost of $1,223,036.00.
PASSED
AYES — 9 NOES — 0
NO. 356
BOND RESOLUTION- BUFFALO ZOO REPTILE HOUSE ROOF REPLACEMENT
(ITEM NO. 282, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
the Buffalo Zoo Reptile House located at 300 Parkside Avenue, in the City of Buffalo, at the estimated total cost of $267,500.00.
PASSED
AYES — 9 NOES - 0
NO. 357
BOND RESOLUTION - DELAWARE PARK STATE INFRASTRUCTURE
(ITEM NO. 283, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to the Delaware Park Stage, in the City of Buffalo, at the estimated total cost of $205,440.00.
PASSED
AYES — 9 NOES — 0
NO. 358
BOND RESOLUTION - LASALLE PARK SKATE PARK - PHASE II
(ITEM NO. 284, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of Phase II
recreational area improvements to LaSalle Park, in the City of Buffalo, at the estimated total cost of $321,000.00.
PASSED
AYES — 9 NOES — 0
NO. 359
BOND RESOLUTION - SCHILLER PARK AND POND IMPROVEMENTS
(ITEM NO. 286, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to Schiller Park and Pond. in the City of Buffalo, at the estimated total cost of $353,100.00.
PASSED
AYES — 9 NOES - 0
NO. 360
BOND RESOLUTION - DEMOLITIONS - EMERGENCY CONDITIONS - CITYWIDE
(ITEM NO. 286, C.C.P., FEB. 3, 2015)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of demolition of various
City -owned and private buildings which pose a significant threat to public health or safety, in the City of Buffalo, at the estimated total cost of
$2,500,000.00.
PASSED
AYES — 9 NOES — 0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK, JR., CHAIRMAN)
NO. 361
REQUEST FOR FUNDS - 1318 NIAGARA STREET REMEDIATION ( STRAT PLAN)
(ITEM NO. 192, C.C.P., FEB. 3, 2015)
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 Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to access the City's share of funds for the
1318 Niagara Street Remediation Project from the Environmental Remediatiun -2008, Bond Authorization Account No. 3000 -310. The bond funds
are to be used to finance the cost of environmental remediation projects that include New York State Department of Environmental Conservation
Environmental Restoration Program projects.
PASSED
AYES — 9 NOES — 0
NO. 362
REQUEST TO LEASE CITY -OWNED PROPERTY - 500 SENECA STREET ( STRAT PLAN)
(ITEM NO. 193, C.C.P., FEB.3, 2015)
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 Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a lease agreement with Samuel
Savarino, on behalf of 500 Seneca Street, LLC, a New York Limited Liability Company ( "Lessee "), with offices at 26 Mississippi Street, Suite 400,
Buffalo, New York, to lease 493 Seneca Street, 503 Seneca Street, 541 Seneca Street and 543 Seneca Street, for use as a surface parking lot, with an
option for Lessee to purchase the properties for development, upon the following conditions:
1. Lease Term: The lease term shall be for five (5) years, with one (1) consecutive additional five (5) year lease term renewal option exercisable by Lessee,
provided Lessee is not in default under the lease. If said properties are not sold to Lessee by the end of the initial five (5) year lease period, and if the
lease term renewal option has not been canceled and the Lessee exercises the Lessee's right to renew the lease for the additional five (5) year term
period, then the City shall have the right to increase the renal amount for the additional five (5) year period. Said rental increase shall be based on
the fair market value of said properties at the time of the exercise of the five (5) year lease term renewal.
2.. Annual Rental: The annual rental for the initial five (5) year lease term shall be
$18,960.00, which is based on the City Of Buffalo Appraisal Review Board's
approval of the $237,000.00 fair market value of the leased property.
3. Anticipated Use During Lease Term: Surface parking lot.
4. Required Use After Exercise of Purchase Option: Development as defined below.
5. Indemnification and Insurance: The Lessee shall provide the City of Buffalo with
written indemnification satisfactory to the City of Buffalo Corporation Counsel and also with insurance in types and amounts as shall be determined
by the City of Buffalo Corporation Counsel's Office.
6. Executive Option to Purchase the Required Development: Lessee will have the
exclusive option to purchase said properties at any time during the lease term (upon 90 days' notice) so long as Lessee has proposed and
conclusively demonstrated readiness and financial capability to construct residential, retail, commercial or mixed use buildings or facilities approved
by the City of Buffalo Planning Division and by the City of Buffalo Planning Board, compliant with all governing zoning ordinances. The purchase
price shall be the fair market value of the properties at the time of the sale of the properties, which shall be determined by an appraisal to be supplied
by Lessee and approved by the City of Buffalo Appraisal Review Board and the City of Buffalo Common Council.
The option to purchase the property will be exclusive to 500 Seneca Street, LLC. The City shall not, prior to the expiration of the lease or after the
exercise of the onion to purchase by Lessee, encumber, restrict, offer for sale, bit -out or seek, receive or
entertain offers to purchase the properties. Once the purchase option is exercised, the option to purchase the properties exclusively and solely
belongs to and inures to the benefit of Lessee and the sale of the properties shall close within 90 days of Lessee's exercise of the purchase option.
Lessee shall not have the right to assign the lease and /or the purchase option without the prior written consent of the City which shall be given,
conditioned and /or withheld in the City's sole discretion. If the purchase option is exercised, but the sale of the properties to the Lessee is not closed
for any reason whatsoever within the 90 day period, Lessees hall have up to an additional two (2) years thereafter to close. If the sale still isn't closed
after said two (2) year period, the purchase option shall expire and the purchase option shall no longer be exercisable and the lease term will be
ended if the lease term by such date will have otherwise expired. Rent remains due and payable monthly at all times during the Lessee's occupancy
of the properties, even during the pendency of closing the purchase option. City will receive a price increase if the development project is not built
within five (5) years after the City conveys title to Lessee. In the alternative, City shall have the right to exercise a title reverted; the choice between
price increase and reverter of title shall be made at City's sole discretion. Price increase to be secured at the time of the City conveyance of title to
the properties to the Lessee by letter of credit (necessity and amount of letter of credit shall be determined in the discretion of the Executive Director
of the City's Office of Strategic Planning). City makes no representations and /or warranties and the properties shall be sold "as is ". Conveyance
shall be made by Quit Claim deed. Survey and title and all recordation is Lessee's responsibility and all at Lessee's sole cost. Upon closing, City
gets environmental release and indemnify from the Lessee /buyer in form and substance' acceptable to the City.
7. Land Disposition Agreement: At the time of Lessee's exercise of the option to purchase the properties, the Lessee and the City shall execute a
recordable Land Disposition Agreement ( "LDA ") which protects the City's interests after the conveyance by the City to Lessee of title to the
properties. The LDA shall be recorded in the Erie County Clerk's Office at the sole cost of the Lessee prior to the conveyance deed recordation. The
conveyance deed shall reference the LDA, the reverted and the letter of credit price increase mechanism provisions which secure to the City the
Lessee's obligation to develop the properties. The LDA shall contain such other provisions as are required by the City's Division of Real Estate
and /or the City's Corporation Counsel's Office.
Tenant Responsibilities: Lessee agrees to the following:
a. Maintain the properties at Lessee's sole expense during the term of the lease
including, but not limited to, causing the properties to be code compliant as well as trimmed, cleaned, free and clear of all snow, ice and debris.
b. Lessee shall not build or construct any permanent structure on the properties
Without prior written approval of the City of Buffalo, Office of Strategic Planning, Division of Real Estate (this would not prohibit permitted
improvements for surface parking).
c. Lessee agrees to comply with any other terms and /or conditions that the City
of Buffalo Corporation Counsel's Office deems necessary to put in the lease.
That the Common Council hereby approves the lease agreement between the City of Buffalo and 500 Seneca Street, LLC upon the above terms and
conditions; and that the Common Council hereby authorizes the Corporation Counsel to prepare the necessary lease agreement; and that the
Common Council hereby authorizes the Mayor to execute same with only such clarifications and modifications as are recommended by the
Corporation Counsel is finalizing the lease.
PASSED
AYES — 9 NOES - 0
NO. 363
LP CIMINELLI -BOARD PACKET DOCUMENTS JANUARY 2015
(C.C.P. #15 -231, FEB 3)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 364
J. PITTS- REQUEST SUPPORT - MICHIGAN ST PRES, BROADWAY AND WILLIAM ST COMMERCIAL AREAS IN
THE BUILDING BETTER BUFFALO FUND
(C.C.P. #15 -238, FEB 3)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 365
DISPOSITION OF REAL PROPERTY BURA'240 AND 260 LAKEFRONT BLVD
(HRG 2/17)
(C.C.P. #15 -290, FEB 3)
That the above item be and hereby is referred to the Common Council without a recommendation:
PUBLIC HEARING:
DISPOSITION OF REAL PROPERTY BURA 240 AND 260 LAKEFRONT BLVD
Speakers:
Frank Lycniak
Lawrence Koltowski
Kim Fiddler
Howard Hayne
Motion to close the public Hearing by Mr. Smith, seconded by Mr. Fontana
Mr. Golombek now moves that the above item be Recommitted to The Committee on Community Development.
ADOPTED.
NO. 366
REPORT OF SALE - 249 OLYMPIC (MASTEN)(STRAT PLAN)
(ITEM NO. 62, C.C.P., JAN. 20, 2015)
Mr. Golombek moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval;
That the offer from Mr. Khani James of 1133 Delavan Avenue, Buffalo, New York 14215, in the amount of Three Thousand Eight Hundred Dollars
($3,800.00) for the purchase of 249 Olympic be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES - 0
NO. 367
L RASHAD II- REQUEST TO SPEAK AT COMMITTEE MTG RE HOMELESSNESS
(C.C.P. #15 -111, JAN 20)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 368
D. SMITH -D. INGALLS- RESULTS PAINKILLERSKILL PUBLICAWARENESS CAMPAIGN
(C.C.P. #14 -1779, SEPT2)
Mr. Golombek now moves that the above item be Received and Filed,
ADOPTED
NO. 369
D. SMITH - BUFFALO NEWS ARTICLE TO ADDRESS ZOMBIE HOUSE BLIGHT TWO STRATEGIES
(C.C.P. #14 -692, APR 1)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 370
D. SMITH - PROPOSED PACE WORKSHOP (C.C.P. #14 -469, MAR 4)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 371
D. PRIDGEN -J. JEDICKS- GENERAL MILLS APPLICATION
(C.C.P. #1351, DEC 10)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 372
GBSEC DESIRES TO DEVELOP BUFFALO OUTER HARBOR(CPRES)
(C.C.P. #135, SEPT 17)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
LEGISLATION
(CHRISTOPHER P. SCANLON, CHAIRMAN)
NO. 373
M. CONNELLY- MINUTES BUFFALO FAIR ELECTIONS COMMITTEE
(C.C.P. #15 -232, FEB 3)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 374
REQUEST AN INVESTIGATION INTO STORES ACCEPTING FOOD STAMPS FOR PREPARED
FOODS(PRIDGEN)(EXC RESOLVES)
(C.C.P. #14 -2426, NOV 25)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
D. PRIDGEN - LETTER CONCERNING CARIOLE HOME
NO. 376
( #14 -1610. JULY 22)
Mr. Scanlon now moves that the above item is hereby referred to the Committee on Civil Service
ADOPTED.
RESOLUTION
NO. 376
BY: MR. FONTANA
RE: WAIVER OF FEES FOR LOVEJOY CABIN FEVER GETAWAY PARTY
Whereas Each year the Buffalo winter weather causes a stretch of time between the holiday season and spring time in which there are relatively few
opportunities for families to enjoy recreational activities; and
Whereas The Head East Civic Club has organized a free family event to give families an opportunity to break their "cabin fever "; and
Whereas The Cabin Fever Getaway Party, on Saturday, February 28� at the Hennepin Community Center, will feature music, refreshments, entertainment,
games, and prizes for the residents and children of the Lovejoy District for free; and
Whereas: The Head East Civic Club is incurring all expenses to put on this free event.
Now, Therefore, Be It Resolved:
The Common Council hereby requests a waiver of all permit and application fees for the Lovejoy Cabin Fever Getaway Party.
Be It Further Resolved:
A copy of this resolution be forwarded to Mr. Gary Tomporowski in the Department of Public Works, Division of Parks.
Richard A! Fontana Lovejoy District
PASSED
AYES- 90NOES -0
NO. 377
BY: MR. FONTANA
TRANSFER OF FUNDS - HEALTH CARE ACTIVE
That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be
transferred and reappropriated as set forth below:
FROM
17301002 - 421002 Health Care Active $1,500,000
To
25120090 - 391010 -11314 Special Revenue Fund $1,500,000
PASSED
AYES — 9 NOES - 0
NO. 378
BOND RESOLUTION
KENMORE AVENUE (MAIN AND STARIN) RECONSTRUCTION
ACCOUNT 3000 -31
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $499,400 General Improvement Bonds of said City and application of
proceeds from $192,500 bonds previously authorized to finance the local share of the cost of rehabilitation of Kenmore Avenue between Main and
Starin in the City, at the estimated maximum cost of $5,340,000, including application of $522,000 County funds and $4,176,000 expected to be
received from the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted
as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less
than two - thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue
General Improvement Bonds of said City in the total principal amount of Four Hundred Forty -Nine Thousand Five Hundred Dollars ($449,400),
pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of /ha Consolidated Laws of the State of
Hew York (the "Law ") and an intermunicipal agreement with Erie County, in addition to application of $192,500 bonds previously authorized, to
finance the local share east of rehabilitation of Kenmore Avenue between Main and Starin Streets in the City, including curb and sidewalk
replacement mill and overlay of street pavements, sheet reconstruction, installation of ADA compliant ramps, trees, landscaping, crosswalks,
drainage, striping, lighting and traffic signal upgrades and other related right of way enhancements. The estimated total cost of said objects or
purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $5,340,000 as set forth in the duly adopted 2015 Capital Improvements Budget of said City, as amended. The Comptroller of
the City is hereby further authorized to expend $522,000 County funds and $4,176,000 expected to be received from the United States of America towards
the cost thereof or redemption of the Bonds issued therefor or to budget as an offset to the taxes for the payment of the principal of and interest on said
Bonds of the City.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in
Anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, parks and
Streets, Division of Engineering, "Kenmore Avenue (Main and Starin) Reconstruction - 2015', Bond Authorization Account Ho— 3000 -31, and shall
be used for the objects or purposes specified in Section 1 of this resolution,
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for
which bonds are herein authorized, which costs me reasonably expected to be incurred by the City— pursuant to this Bond Resolution, in the maximum amount
of $449,400 This Resolution is a declaration of Official intent adopted pursuant to the requirements of Treasury Regulation Section 1.15g -2.
Section 4. The following additional matters are hereby determined mid stated:
(a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes
shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of
and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the
amounts required for the amortization and redemption of said bonds and said notes,
Section 6, The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced:
PASSED
AYES — 9 NOES- 0
NO. 379
SNOW PLOWING AND REMOVAL CONCERNS
WHEREAS: The city is currently experiencing an old- fashioned Buffalo winter with persistent snow and cold temperatures; and,
WHEREAS: The Public Works Department is working hard to keep city streets clear of snow an ice, and,
WHEREAS: Certain challenges still face the city in quickly and efficiently removing snow and ice in all circumstances, such as narrow side streets, snow -
choked sidewalks and private plow companies from dumping snow blocking city sidewalks and right -of -ways; and,
WHEREAS: Some secondary streets in particular may be very hard to plow as a result of 19 designed narrowness of street width and both sides
parking; and,
WHEREAS: Residents on streets such as North Pearl have said that they frequently get stuck in the snow because city plowing is infrequent due to
the narrowness of the street and is plowed from curb to curb at only limited times when all residential parking is temporarily suspended so plows can
get down the street, such as on a given Saturday; and,
WHEREAS: Other narrow city side streets have similar problems in regards to plowing; and,
WHEREAS: There are also many city sidewalks not shoveled, forcing many residents to walk in the streets, which can be very dangerous. Some
sidewalks face vacant lots, abandoned buildings, or property owners who can't or won't shovel;
NOW THEREFORE BE IT RESOLVED:
That the Public Works Department give the Common Council an update on this year's winter plowing progress and challenges and how they may be
assisted in further improving this vital service, including but not limited to side street plowing, secondary street plowing, equipment needs, how to
remove snow from city sidewalks and under viaducts, etc.; and,
BE IT FURTHER RESOLVED:
That the Police and /or the Inspections Department also report on preventing private plow operators from blocking city rights -of -was and sidewalks,
including the success of ticketing or warnings;
BE IT FINALLY RESOLVED:
That the Public Works, Police and Inspections Department address the Common Council on the above listed and other related snow removal
concerns.
ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 380
BY: COUNCIL MEMBER DAVID A. FRANCZYK
PERMISSION TO HANG FLAGS ALONG OLD NEIGHBORHOOD PARADE ROUTE
Whereas The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and
Whereas The parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with
the Old First Ward and Valley neighborhood; and
Whereas The Valley Community Center is requesting permission to hang flags along the parade route from March 1 March 23 The parade
route is Leddy Street to South Park Avenue, South Park Avenue from Hamburg Street to Smith Street, Smith Street to Elk Street, Elk Street to South
Park Avenue, Hamburg Street to O'Connell Avenue, and O'Connell Avenue between Hamburg Street and Louisiana Street.
Now, Therefore, Be It Resolved:
That the .City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old Neighborhood St.
Patrick's Day Parade. The flags will be installed on March 1, 2015 and stay up until March 23, 2015; and
Be It Further Resolved:
That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of
Public Works, Parks and Streets.
PASSED
AYES — 9 NOES - 0
NO. 381
BY: COUNCIL MEMBERS FRANCZYK, FONTANA AND SCANLON
WAIVE SPECIAL EVENT AND ALL PERMIT FEES FOR THE "OLD NEIGHBORHOOD" ST. PATRICK'S DAY PARADE
Whereas The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and
Whereas The parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with
the Old First Ward and Valley neighborhood; and
Whereas The parade route is Leddy Street to South Park Avenue, South Park Avenue from Hamburg Street to Smith Street, Smith Street to Elk
Street, Elk Street to South Park Avenue, Hamburg Street to O'Connell Avenue, and O'Connell Avenue between Hamburg Street and Louisiana Street.
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council waives tile Special Event application fee and all permit fees associated with the 2015 Old Neighborhood
St. Patrick's Day Parade to be held on March 14, 2015; and
Be It Further Resolved:
That copies of this resolution be sent to the Department of Public Works, Parks and Streets, and the Office of Special Events.
PASSED
AYES — 9 NOES -0
NO. 382
SPONSORS: MICHAEL J. LOCURTO; DAVID A. FRANCZYK
RE: BRING OPEN DATA AND SELF -SERVE CITIZEN PORTALS TO THE COB
Whereas, Vacant and problem properties continue to be a problem in the City of Buffalo ( "COB ") and these properties negatively affect their
surrounding neighborhoods; and
Whereas, Many departments in the COB and agencies that cooperate with the COB are involved either directly or indirectly in the enforcement of
property maintenance codes and quality of life issues that arise from blight and decay; and these departments include but are not limited to:
Department of Permits & Inspections, Rental Registry, NYS Unified Court System and COB Housing Court, the Erie County Department of Health
Department, City of Buffalo Police Department, Division of Citizens Services, Corporation Counsel, Common Council, Office of Strategic Planning
and Division of Real Estate, Department of Taxation and Finance and the In -Rem Auction division, and the Buffalo Erie Niagara Land Improvement
Corporation (BENLIC); and,
Whereas, The COB departments involved in addressing blight and vacancy have no standardized, central system for communicating across
departments and to other agencies about problems that require cross - entity cooperation to resolve, and the relevant data recorded by these various
entities exists in such isolation that it severely limits the possibility of quickly searching, compiling, and sharing information to better understand the
interrelationships of problems, find solutions and improve efficiency in approaching casework resolution; and
Whereas, Neighborhood residents, community leaders and non - profits are also critical partners for addressing blight and problem properties, but
they have no access to self -serve data and must rely on repeatedly calling and emailing various employees to piece together information, which, doe
to aforementioned technical challenges is often difficult to obtain; and,
Whereas, When government data is made available in a transparent format, the Council, advocates, research institutions and the public can analyze
and interpret agency data, discover trends, reach conclusions and suggest new policies. For example, with freer access to complete inspection
data, the Council can better determine if laws are being enforced consistently citywide and identify areas where procedures need to be improved.
Trends will be more easily recognizable, paving the way for additional legislation, further outreach, improved education, and, importantly, the ability to
intelligently target enforcement and triage cases for housing court; and
Whereas, Simple and publically accessible websites for citizen access to data on blight, vacancy, codes compliance, and the disposition of Housing
Court cases are widely used in other cities with positive results, including New York City, Cleveland, Philadelphia, and Detroit; and
Now, Therefore Be it Resolved That:
The City of Buffalo Common Council hereby calls on City departments to take steps to release all city owned raw data to the New York State Open
Data Portal in a timely manner; and
Be it Further Resolved:
That the Common Council wii1 investigate sources for grants and funding for the development of data analysis tools and self -serve citizen portals
that can be used to both combat blight and vacancy in the COB, and to address a myriad of other challenges facing the City; and,
Be it Finally Resolved:
That city employees will be properly trained to administer and use all systems current and future to best serve the
citizens of the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 383
COUNCIL MEMBER DARIUS G. PRIDGEN AND COUNCIL MEMBER FRANCZYK:
RECYCLING IN THE CITY OF BUFFALO
Whereas, the City of Buffalo's source separation law is consistent with the requirements of Section 120 -
aa of General Municipal Law (NY State Source Separation /Recycling Law), however the city of Buffalo has not updated source separation law
since 1996;
Whereas, residential recycling rates in the City of Buffalo are below the national average and there are many business do not participate in or
are not aware of the recycling mandate;
Whereas, there is a need in the City of Buffalo Common Council to create awareness among residents and business owners of the current
recycling mandate;
Whereas, it is important to always have adequate recycling or separation containers available at City of Buffalo authorized special events: Now,
Therefore Be It
Resolved that the City of Buffalo Common Council- -
1) Request that Corporation Council review Chapter 216: Garbage, Rubbish and Refuse and any other city ordinances concerning recycling
and updates the program details as needed to ensure they are current;
2) The Department of Public Works notifies all existing businesses of the city's
ordinances and policies concerning recycling. At a minimum, information should be provided on the Government and Public Access channels,
The City of Buffalo Website, direct email, and inserts in tax bills, water bills and any other routine mass mailers sent by the City of Buffalo;
3) Request that a portion of the 2015 summer seasonal hires be assigned to areas
during garbage pick up to place recycling reminders on residences that are not utilizing recycling containers; and
4) Requires that the 2015 summer seasonal hires utilize a portion of their day to place
the reminders and to compile statistics that will give an overview picture of the percentage of active participants in the recycling program of the
areas that they covered;
• Dar3 —s G, Pridgen
Council President
Ellicott District Council Member
ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION
NO. 384
BY: COUNCILMEMBER RIVERA
RE: EXTENSION OF PUBLIC COMMENT PERIOD FOR PUBLIC SERVICE COMMISSION'S REFORMING ENERGY VISION &
COMMUNITY CHOICE AGGREGATION PLANS
Whereas, the Public Service Commission (PSC) has undertaken a plan entitled Renewing the Energy Vision (REV) which aims to transform
energy policy to encourage investment in distributed energy resources; and
Whereas, it is envisioned that these changes will empower customers by allowing them more choice in how they manage and consume electric
energy; and
Whereas, the PSC has also initiated a plan to introduce Community Choice Aggregation (CCA), which aims to increase participation of and
benefits for residential and small non - residential customers in energy markets by involving local governments in procuring energy supply
service for their residents; and
Whereas, municipal involvement is integral to the successful development and implementation these plans by providing local information on the
best and more efficient energy uses and sources; and
Whereas, each of the current plans are finalizing their recommendations after limited public comment periods; and
Whereas, both plans are vital to our future energy production and consumption and as such should be inclusive as possible.
Now therefore be it resolved, the Common Council request the PSC extend its public comment period until April 1, 2015 for both the REV and
CCA plans; and
Be it further resolved, the Common Council requests the City Clerk send a copy of this resolution to the Public Service Commission.
ADOPTED
NO. 385
BY,: COUNCIL MEMBER RIYERA, COUNCIL MEMBER SMITH, AND COUNCIL MEMBER LOCURTO
RE: LEASING OF SPACE IN BUFFALO PUBLIC SCHOOLS
Whereas, on Friday, February 13, 2015 the Buffalo Board of Education passed a resolution that included an action to "Re -Issue a Request for
Space" to organizations that may be interested in operating inside public school buildings; and
Whereas, as a part of this action, a list will be published describing the inventory of public buildings; and
Whereas, it appears the Board of Education is intent on leasing public buildings; and
Whereas, according to the City Charter section 27 -8, 'A lease of, or a license to use, any real property or portion thereof Owned by the city
shall not be made unless authorized by the council. ; and
Whereas, public school buildings are owned by the city; and
Whereas, therefore, the council should be involved in any process involving the leasing, licensing, or use of public school buildings not already
defined in the Board of Education's Policies & Regulations (see Section 3280).
Now, Therefore, Be It Resolved: The Common Council directs Law Department to draft a legal opinion on the role of the Common Council in
the Board of Education's issuing of requests for space; and
Be It Further Resolved: The Common Council directs the City Clerk to forward a copy of this resolution to the Law Department and Board of
Education.
ADOPTED
NO. 386
BY: NIAGARA DISTRICT COUNCIL MEMBER DAVID A. RIVERA, CHAIR -- CLAIMS COMMITTEE
RE: DISCHARGE CLAIMS COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM:
ITEM NO. 14 -1967 (C -L) (SEPTEMBER 30, 2014)
"HOZO GRANT AGREEMENT"
WHEREAS: The above item is currently in the Claims 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 Claims Committee from further consideration of Item No. 14 -1967 (C -1), C.C.P.,
September 30, 2014, "HOZO Grant Agreement," and said item is now before the Common Council for its consideration.
ADOPT DISCHARGE APPROVE
PASSED
AYES — 9 NOES — 0
NO. 387
SOUTH DISTRICT COUNCIL MEMBER CHRISTOPHER P. SCANLON
DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM:
(ITEM NO 14 -2544 (DEC 23)
"USE 200 CAZENOVIA FOR AN LED GROUND SIGN"
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 14 -2544, C.C.P. December
23, 2014 "Use 200 Cazenovia for an LED Ground Sign" and said item is now before the Common Council for its consideration.
ADOPT DISCHARGE APPROVE
PASSED
AYES- 9 NOES — O
NO. 388
MAJORITY LEADER AND MASTEN DISTRICT COUNCIL MEMBER DEMONE A. SMITH
DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM:
(ITEM NO 14 -2029 (SEPT. 30)
"USE 1096 KENSINGTON FOR A TAKE OUT RESTAURANT IN THE KENSINGTON /BAILEY BUSINESS DISTRICT
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 14 -2029, C.C.P.
September 30, 2014 "Use 1096 Kensington for a Take Out Restaurant in the Kensington /Bailey Business District" and said item is now
Demone A. Smith
Majority Leader
Masten District Council Member
ADOPT DISCHARGE APPROVE
PASSED
AYES — 9 NOES —0
NO. 389
BY MR WYATT
BUDGET AND PERSONNEL AMENDMENT
14- PARKING
1075 - PARKING VIOLATIONS BUREAU
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 14- 1075 - Parking - Parking Violations Bureau which currently
reads:
1 Senior Stenographer $31,418- $36,079
Is hereby amended to read:
Secretary to the Commissioner
It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the
duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the
position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position
BYRON W. BROWN, MAYOR, KEVIN HELFER, COMMISSIONER OF PARKING AND DONNA J. ESTRICH, COMMISSIONER OF
ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct,
administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
PASSED
AYES — 9 NOES - 0
NO. 390
BY MR WYATT
BUDGET AND PERSONNEL AMENDMENT 14-
ENTERPRISE FUND PARKING 1079 - PARKING BOARD
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 5100 -14- 1079 - Enterprise Fund - Parking Board which
currently reads:
1 Special Assistant $ 34,980
Is hereby amended to read:
1 Special Assistant $ 36,212
It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
BYRON W. BROWN, MAYOR, KEVIN HELFER, COMMISSIONER OF PARKING AND DONNA J. ESTRICH, COMMISSIONER OF
ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct,
administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
Furthermore, we, Bryon W. Brown, Mayor, and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of
Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be
sub served by the change in compensation provided for the positions set forth in the foregoing ordinance.
PASSED
AYES — 9 NOES - 0
NO. 391
BY MR WYATT
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
person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Shana Amer
Mary E. Darling
Cindy Davis
Mark Drumlevitch
Linda A. Gimbrone
Maria Greene
Keith S. LaFalce
Sandra J. Mayes
Lorraine F. Riles
Abigail Rodriguez
Marilyn Rodriguez
Juliana E. Saxer
Sondra Schreiber
Total: 13
ADOPTED
NO. 392
BY: RASHEED N. C. WYATT
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.
Minister Rudolphus Boans, Jr.
Richard D'Agostino
Charles L. DavisSr.
Eddylees Guzman
Katherine Mary Sullivan
TOTAL:5
ADOPTED
NO. 393
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council
Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, February 24, 2015 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, February 24, 2015 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, February 24, 2015 at 1:00 o'clock P.M
Committee on Legislation Tuesday, February 24, 2015 at 2:00 o'clock P.M.
Special Committees
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that
there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not
made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware.
NO. 394
ADJOURNMENT
On a motion by Mr. Smith, Seconde by Mr. Rivera, the Council adjourned at 3:30 pm
GERALD A. CHWALINSKI
CITY CLERK