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HomeMy WebLinkAbout15-0317NO. 6 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 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 INVOCATION PLEDGE TO FLAG MAYOR DATE March 17, 2015 FINAL 472- A Memorandum of Agreement Btwn COB & AFSCME Local 650 APP MAYOR - EXECUTIVE 12. 473- 1. Cit Sery -Sole Source Purchase of 311 CRM Software for COB APP 474- 2. Cit Serv- Submission of Monthly Report -Feb 2015 R &F 475- 3. Plan Bd- Negative Declaration 2255 Bailey(Lov) ADOPT 476- 4. Plan Bd- Negative Declaration 138 Chandler(North) ADOPT 477- 5. Plan Bd- Negative Declaration 538 Genesee(Ell) ADOPT 478- 6. Plan Bd- Letter of Determination for 2255 Bailey(Lov) R &F 479- 7. Plan Bd- Letter of Determination for 138 Chandler(North) R &F 480- 8. Plan Bd- Letter of Determination for 538 -540 Genesee(Ell) R &F 481- 9. Strat Plan- Abandonment and Land and Swap With EC a Portion of 502- 25A. Report of Bids -Police Headquarter Garage Floor Rehab(Fill) APP 503- 25B. Report of Bids Correction - Renovations to City Court Fourth Floor Bailey Ave ROW for a Portion of County Owned -152 Bailey(Lov) CPBD 482- 9A. Strat Plan -Amend 2014 -15 Annual Action Plan and Prior Yrs for CDBG and HOME 483- 10. Strat Plan -Amend Lease Agmt Btwn COB and Grassroots Gardens 193 Stanton St & 155 Gold St APP 484- 11. Strat Plan- Report of Sale -159 Box APP 485- 12. Strat Plan- Report of Sale -548 Grant & 586 Grant(North) APP 486- 13. Strat Plan- Report of Sale -47 Hawley, 122 Hawley & 150 Hawley APP 487- 14. Strat Plan- Report of Sale -19 Rohr & 23 Rohr(Fill) APP COMPTROLLER to Walden, Manhatten & Schiller Park 488- 15. Bond Account Closeout FIN COUNCIL PRESIDENT 489- 16. Members Selected to Serve on MWBE Task Force ADOPT PUBLIC WORKS 490- 17. Authorization for Mngt Agmt Modification for Hatch Restaurant Operations 491- 18. Change in Contract - Ellicott St Phase 2(Ell) APP 492- 19. Change in Contract -JFK CC -Rehab APP 493- 20. Change in Contract - Infrastructure Inspection Consulting APP 494- 21. Disencumber Contract Funds -City Court Fire Detection/Alarm Sys APP 495- 22. Increase in Encumbrance Watts Arch & Eng- Public Facilities Imp to Walden, Manhatten & Schiller Park APP 496- 23. Permission to Enter Agmt w/ NYSDOT for Bailey Ave Bridges Over Caz Creek & Bflo River(Lov, South) APP 497- 23A. Permission to Enter Into an Agmt for Veterinary Services APP 498- 23B. Permission to Extend Veterinary Services Contract APP 499- 24. Permission to Hire Eng Consultant & Enter Agmt W/ FHWA,NYSDOT,NFTA, NITTEC,BSA and COB Water Bd- Niagara St Gateway Project(Ell,North)_APP 500- 24A. Permission to Hire Eng Consultant; Permission to Receive Bids from Construction Contractors and Permission to Enter Into Agmts for Design, Construction, Administration and Inspection of the Bflo Shoreline Trail Improvements(Nia,North) APP 501- 25. Permission to Hire HVAC Contractor On Price Agmt. Various City Bldgs(Var) APP 502- 25A. Report of Bids -Police Headquarter Garage Floor Rehab(Fill) APP 503- 25B. Report of Bids Correction - Renovations to City Court Fourth Floor 50 Delaware(Ell) APP 504- 26. Report of Bids - Schiller Park Sr Center Masonry Rehab Proj APP 505- 27. Appoint Chief Dispatcher(Titus Jr)(Prov)(Inter) CS POLICE 506- 28. Acceptance of Various Reimbursement Funds APP 507- 29. Approval to Add Seized Vehicles to Fleet APP 508- 30. Drug Asset Forfeiture Wire Transfers FIN 509- 31. Permission to Enter into Canine Training Agmt APP PERMITS AND INSPECTIONS 510- 32. Food Store License(New) -3154 Bailey(Univ) LEG 511- 33. Food Store License(New) -1000 Elmwood(Del) LEG 512- 34. Food Store License(New) -1326 E. Ferry(Fill) LEG 513- 35. Food Store License(New) -83 Grant(Nia) LEG 514- 36. Food Store License(New) -366 Perry(Fill) LEG 515- 37. Food Store License(New) -454 E. Utica(Ell) LEG 516- 38. Lodging House License -288 Linwood(Ell) LEG 517- 39. Used Car Dealer -779 Genesee(Ell) LEG 518- 40. Appoint Building Code Specialist(Piccolo)(Temp)(Max) CS CITY CLERK 519- 40A Mayor Reported Out of State R &F 520- 41. Board of Ethics Meeting Minutes January 2015 R &F 521- 42. Items returned by Mayor without Approval/Disapproval R &F 522- 43. Liquor License Applications R &F 523- 44. Reports of Attendance R &F 524- 45. Notices of Appointments - Council Interns ADOPT 525- 46. Notices of Appointment - Seasonal R &F 526- 47. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 527- 48. K. Fiedler - Concerns 240 and 260 Lakefront Blvd CD 528- 48A. R. Fontana -2015 Food Store License Conditions Lovejoy District ADOPT,EDPI 529- 49. J. Golombek- Concerns Snow Dumping 308 Ontario St R &F 530- 50. NYSDEC- Record of Decision -90 Hopkins(South) R &F 531- 51. NYSDEC- Remedy Proposed Brownfield Site Public Comment Period - 3 Gates Circle R &F 532- 52. D. Pridgen -J. Stewart- Homeowners Who Were the First Citizens to Invest in Downtown Buffalo CD 533- 52A. D. Smith - Articles -Public Schools ED 534- 52B. D. Smith- Letter of Response From National Grid FIN PETITIONS 535- 53. D. Morales, Owner, 490 Niagara St. to Reestablish a Retail Store in the Niagara Coastal Special Review District(Ell)(hrg 3/24) LEG,CPBD 536- 54. O.C. Lopez, Owner, Use 36 Massachusetts -To Place a Driveway on a Vacant Lot and To Place and Use a Concession Trailer for Food in the Niagara River Coastal Review District(Nia)(hrg 3/24) LEG,CPBD,ZONING 537- 55. A. Ahmed, Owner, Use 1146 Hertel -New Owner - Restaurant in the Hertel Ave Special Zoning District and Continue Use of Existing Outdoor Patio on City ROW(Del)(hrg 3/24) LEG,CPBD RESOLUTIONS 565- 56. Fontana Approval of the Abandonment and Parcel Swap for a Portion of the Bailey Ave ROW for Portion of EC Owned 152 Bailey(hrg 03/31) CD 566- 56A. Fontana Discharge Finance Comm - #15 -206, 2/3/15 Permission to Hire for 2015 -16 Citywide Tree Mngt & Planning ADOPT DISCH,APP 567- 57. Fontana Set Public Hearing- Abandonment and Swap for a Portion of the Bailey Ave ROW for a Portion of EC Owned -152 Bailey-ADOPT 568 - 569- 570- 571- 572- 573- 574- 575- 576- 577 - 578- 579- 580- 581- 582- 58. Golombek 58A. LoCurto 59. LoCurto 60. Pridgen 61. Pridgen 61 A. Rivera 62. Rivera 62A. Rivera 62B. Scanlon 63. Wyatt 64. Wyatt 65. Wyatt 66. Wyatt 67. Wyatt 68. Wyatt 583- 69. Wyatt 584- 70. Wyatt TABLE ITEMS Club 49'er Annual Easter Egg Hunt -Waive Fees APP Appoint Marriage Officer(Munson -Ellis) ADOPT Waive Permit Fees - Olmsted School Foundation's Walk APP Trailblazing Sign Request -Mr. Russell Guthrie APP Waiver of Permit Fees for Child Abuse Awareness Rally APP Preclearance Agmt Btwn United States and Canada ADOPT Trailblazing Sign for Connecticut St "Edward Porto Way" APP Waiver of Fees for Taste of Diversity APP Discharge Legislation #14-2181,10/28 - Lodging House License 25 N. Pearl ADOPT DISCH,DENY Ord Amend - Salary & Wage Schedule 7/1/2011 to 6/30/2015 APP Salary Ordinance Amendments- Various Depts -Eff 07 /01 /2011_APP Salary Ordinance Amendments- Various Depts -Eff 07 /01 /2012_APP Salary Ordinance Amendments- Various Depts -Eff 07 /01 /2013_APP Salary Ordinance Amendments- Various Depts -Eff 07 /01 /2014_APP Waive Special Event Fees/Permit Fees for Two -Day University United Festival APP Comm of Deeds -Public Duties ADOPT Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 538- 1. 15 -410 Com Mar 3 Appoint Equipment Operator(Prov)(Inter)(Vance Jr)(PW) APP 539- 2. 15 -437 Com Mar 3 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 540- 3.15 -211 Com Feb 3 Request for Approval for Ice Rink Mngt Btwn COB & NB Bison Hockey Assoc & COB & Dominik Hasek Youth Hockey League(PW) RECOMMIT COMMUNITY DEVELOPMENT 10. 541- 4. 15 -397 Com Mar 3 Change in Contract -Coca Cola Field Renovations(Fill) APP 542- 5. 15 -401 Com Mar 3 Permission to Hire Consultant -Coca Cola Field New Seating(Fill) APP 543- 6. 14 -2396 No Nov 25 J. Maracle & O- Petition to Change Name of Squaw Island R &F 544- 7. 13 -39 No Oct 15 J. Golombek -N. Neuman - Future of Scajaquada Expressway R &F LEGISLATION 545- 8. 15 -411 Com Mar 3 546- 9. 15 -414 Com Mar 3 547- 10. 15 -415 Com Mar 3 548- 11. 15 -416 Com Mar 3 549- 12. 15 -419 Com Mar 3 550- 13. 15 -421 Com Mar 3 551- 14. 15 -422 Com Mar 3 POLICE OVERSIGHT 552- 15. 15 -68 Com Jan 20 553- 16. 15 -83 Com Jan 20 554- 17. 15 -102 No Jan 20 555- 18. 14 -2538 No Dec 23 556- 19. 14 -2567 Res Dec 23 557- 20. 14 -1988 No Sept 30 558- 21. 14 -1249 No June 10 559- 22. No 52 April 5 560- 23. No 29 Jan 11 561- 24. Res 95 Nov 3 562- 25. No 49 Nov 24 563- 26. No 56 July 21 564- 27. No 83 Sept 30 Downtown Special Vending District Amendment Requests(EDPI) RECOMMIT Food Store License(New) -160 Doat(Fill)(EDPI) APP Food Store License(New) -74 Elmwood(Fill)(EDPI) APP Food Store License(New) -1036 E. Ferry(Mas)(EDPI) APP W /COND Food Store License(New) -315 Jersey(Nia)(EDPI) APP Food Store License(New) -860 Tonawanda(North)(EDPI) APP Food Store License(New) -721 Tonawanda(North)(EDPI) APP Concerns Fatalities Among Law Enforcement(CP) R &F Drug Asset Forfeiture Annual Certification Report & Audit FY 2014(Pol)R &F J. Golombek -C. Scanlon - Police Community Relations R &F D. Pridgen -The Management of Change in Police Organizations R &F Police Community Relations(People and Pets)(Pridgen) R &F NYS Compt -Audit of Buffalo's State Sex Offender Registration ActR &F B. Licata - Article -State Legislation Would Help Police Agencies Improve Their Operations R &F M. Kearns -TIPS Training for Intervention Procedures R &F M. Kearns - Buffalo Police Annual Manpower Adjustment R &F Greater Law Enforcement Coordination Needed in Univ Dist(exc I s ' , 2 d 3 rd res) R &F H. Thomas - Safety Concerns in the COB R &F M. Kearns -A &M Baumgarden - Quality of Life Issue R &F J. Washner & O- Security Camera Petition From Cottage St Block Club(# 68, 6/24) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MARCH 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 March 3, 2015 were approved FROM THE MAYOR NO. 472 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BUFFALO AND AFSCME LOCAL 660 Attached hereto is an Agreement between the City of Buffalo and Local 650 to cover the period from Fiscal Year 2011 -2012 through and including Fiscal Year 2018 -2019, subject to Your Honorable Body's approval. The contract satisfies each of the goals we had developed in approaching this protracted negotiation. The Department of Law, with the assistance of the Department of Administration, Finance, Policy, and Urban Affairs, conducted a comprehensive and thorough analysis of the City's contract with Local 650 and identified priorities for the negotiation. These priorities included: 1) developing meaningful increases in wages and night shift wage differentials, 2) clarifying overtime definitions and removing summer hours, 3) implementing cost effective health care plan policies for employees hired since 2008, including an allowance for the City to self -fired medical and prescription drug coverage, 4) discontinuing health care coverage upon retirement for newly hired employees, 5) adding language which splits the costs of arbitration fees for disciplinary proceedings. I. Significant Changes to Wages, Hours, Vacation, and Personal Leave • Starting July 1, 2011, wages will increase by two percent (2 %) each fiscal year through June 30, 2015. Wages will then further increase by three percent (3 %) effective July 1, 2015, and increase by two percent (2 %) on July 1, 2016 and July 1, 2017. • Summer hours have been removed from the Collective Bargaining Agreement. • Effective January 1, 2015, the City shall pay a night shift differential of one dollar per hour in bi- weekly installments to all second and third shift employees for all hours worked between 2:00 p.m. and 7:00 a.m. • Article IX has been changed to reflect that. beginning September 1 sc each year from 2015 to 2018, each member shall receive eight hours Personal Leave time. II. Health Insurance Article VI adds two new health insurance plans: Traditional Blue POS 206/206 Plus and Traditional Blue 7200. Employees may select or purchase plans depending upon whether they were hired on or after July 1, 2008. The City may now self -fund medical and prescription drug coverage. III. Elimination of Retiree Health Insurance Health insurance has been discontinued for Retirees newly hired after March 1, 2015. IV. Discipline Arbitration Fees Article XX now reflects that the City and Local 650 shall equally divide the costs of any arbitrators used in disciplinary proceedings. The attached Agreement paves the way for long term health and stability in the City's relationship with Local 650. The Buffalo Fiscal Stability Authority reviewed the attached and provided favorable feedback. I therefore respectfully request that Your Honorable Body approve the same. Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Memorandum of Agreement between the City of Buffalo and the AFSCME Local 650, is hereby approved. PASSED AYES - 9 NOES — 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES No. 473 The Division of Citizen Services is requesting permission from your Honorable body to waive the requirement to purchase from a sole source provider for Buffalo 311 Lagan Customer Relation Software (CRM) software for the purposes to upgrade our existing system software and services which will enable citizens the ability to maintain currently service and improve our currently call taker ease of use to better assist citizens, currently we are at least 4 version behind and this upgrade will make our system current. Lagan /Kana is currently our Software (CRM) provider for our current 311 call center system. LAGAN has developed a seamless integration between the LAGAN Customer applications that they have built on top of the Open311 Adapter. They have developed the solution stack (LAGAN CRM + LAGAN Open311 + LAGAN Customer Mobile) from end -to -end and can ensure support and future compatibility across the solution set. The total cost to upgrade the current system City -wide is $120,000 which is inclusive of LAGAN 311 system upgrade encompassing configuration, maintenance, open 311 integration and training. Funding for this project is currently in the Department of Management and Information Systems (MIS). The Division of Citizen Services which houses the 311 CRM software system, will along with the MIS Department mange the upgrade process. This procurement will be reviewed by the division of Purchase. Mr. Smith moved: That the above item be, and the above communication from the Director of Citizen Services dated March 4, 2015, be received and filed. That the Common Council hereby authorizes the Director of Citizen Services to purchase from a sole source provider for Buffalo 311 Lagan Customer Relation Software (CRM) for the purposes of upgrading the existing system software. The cost to upgrade the current system City -wide to include the Lagan 311 system upgrade encompassing configuration, maintenance, open 311 integration and training is $120,000.00. Funding for this project is available in the Department of Management Information Systems (MIS). PASSED AYES 9, NOES 0 NO. 474 SUBMISSION OF MONTHLY REPORT FOR FEBRUARY 2015 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for February 2015, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 476 NEGATIVE DECLARATION 2255 BAILEY (LOV) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 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: 2255 Bailey Avenue - Renovation Location: 2255 Bailey Avenue, Buffalo, NY Type of Action: Uncoordinated - Unlisted Description: The Action involves the renovation of an existing building for retail use on Bailey Avenue near Genesee Street. This building is 116 feet by 97 feet and will include a new roof as well as facade and landscaping improvements. 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 renovation of an existing building will not place significant stress on the surrounding environment, The project will not have a significant impact on air quality. The rehabilitated building will have heating and cooling; however, this is not a significant impact and would not require an air permit. The project will have minimal adverse impacts on ground or surface water quality or quantity. The project will tie directly into the city sewer system. The project will not have a substantial adverse change in existing traffic levels. The project is located in a urban industrial and commercial area as well as serviced by public bus routes around the site. The project will not have a substantial adverse change in noise levels. The property is located in a commercial and industrial area, therefore the retail business will not contribute significantly to an increase 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 existing commercial and industrial use, but these impacts would not be significant. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The 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 901 City Hall, Buffalo, New York 14202,(716)851 -5029. Dated: January 24, 2015 ADOPTED NO. 476 NEGATIVE DECLARATION 138 CHANDLER(NORTH) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 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: Construction Vehicle Garage - New Construction Location: 138 Chandler Street, Buffalo, NY Type of Action: Uncoordinated - Unlisted Description: The Action involves the construction of a one (1) story, 5,000 square foot building, on the corner of Chandler Street and Military Road for the purpose of construction vehicle storage. The unheated structure will be constructed with a wood frame and the exterior facade sided with aluminum' panels. The currently vacant industrial site will contain a minimum of 20% green space. 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 construction of an infill building will not disturb any existing structures or the surrounding environment. The project will not have a significant impact on air quality. The building will not have either heating or cooling except for a small unit for the bathroom 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 will not have a significant impact. The project will not have a substantial adverse change in existing traffic levels. The project is located in a commercial area and will not result in the need for a significant increase in traffic. The site is 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. The primary purpose of the site is storage, there should be no significant 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 surrounding 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 site will change from vacant industrial land to commercial use. 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 901 City Hall, Buffalo, New York 14202,(716)852 -5029. Dated: February 24, 2025 ADOPTED NO. 477 NEGATIVE DECLARATION 538 GENESEE (ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEO, R - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: 538 Genesee - New Construction Location: 538 Genesee Street, Buffalo, NY Type of Action: Uncoordinated - Unlisted Description: The Action involves the construction of a new 10 unit wood framed apartment building on Genesee Street near Jefferson Avenue. The apartment will be primarily senior housing adjacent to the existing Mt. Aaron Missionary Baptist Church. 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 construction of an apartment building on a currently vacant parcel will not significantly impact the neighborhood. The project will not have a significant impact on air quality. There will be heating and cooling units for the new construction; however, this is not a significant impact and would not require an air permit. The project will have minimal adverse impacts on ground or surface water quality or quantity. The project will tie directly into the city sewer system. The project will not have a substantial adverse change in existing traffic levels. The project is located in a residential area. The project area is also served by public bus routes. The project will not have a substantial adverse change in noise levels. The property lies near the existing Kensington Expressway, therefore, there will be no significant detection of change or increase 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 existing use, but these impacts would not be significant. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The 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 901 City Hall, Buffalo, New York 14202, (716)851 -5029. Dated: January 24, 2015 ADOPTED NO. 478 LETTER OF DETERMINATION FOR 2255 BAILEY (LOV) Dear Mr. Briatico: The City of Buffalo Planning Board at a meeting held February 24, 2015, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the site plan meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code. The City of Buffalo Planning Board voted to approve the site plan dated 2/6/15 for the renovation of an existing building for retail and commercial space. This approval is valid until February 25, 2016. The following criteria must be met: • Site must include snow removal and bus stop amenities for pedestrians • Encroachment permit must be filed with City of Buffalo Department of Public Works for awning on building This letter is NOT a buildina permit. It is the responsibility of the owner to see that all reauired permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716- 851 -5029. RECEIVED AND FILED NO. 479 LETTER OF DETERMINATION 138 CHANDLER(NORTH) Dear Mr. Lydon: The City of Buffalo Planning Board at a meeting held February 24, 2015, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the site plan meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code. The City of Buffalo Planning Board voted to approve the site plan dated 1/26/15 for the construction of a new construction vehicle storage garage. This approval is valid until February 25, 2016. This letter is NOT a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work, If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716- 851 -5029. RECEIVED AND FILED NO. 480 LETTER OF DETERMINATION 538 -540 GENESEE(ELL) Dear Mr. Jones: The City of Buffalo Planning Board at a meeting held February 24, 2015, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the site plan meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code. The City of Buffalo Planning Board voted to approve the site plan dated 2/2/15 for the construction of a 10 -unit 2.5 story apartment building. This approval is valid until February 25, 2016. This letter is NOT a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716- 851 -5029. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 481 ABANDONMENT AND LAND AND SWAP WITH ERIE COUNTY OF A PORTION OF BAILEY AVENUE RIGHT OF WAY FOR A PORTION OF COUNTY OWNED 152 BAILEY FOR PURPOSES OF FACILITATING REPLACEMENT OF THE BAILEY AVENUE BRIDGES OVER THE BUFFALO RIVER AND CAZENOVIA CREEK (THE "PROJECT ") Lovejoy District The Department of Public Works, Parks & Streets, Division of Engineering, is currently progressing on the detailed design of a Federal and State funded project to replace the Bailey Avenue Bridges over Cazenovia Creek and the Buffalo River and to significantly straighten out the "S" curve between the bridge areas. The approved build alternative requires the fee acquisition by City of approximately 2.05 acres of County owned parkland in exchange or trade /swap for approximately 1.36 acres of City owned right of way constituting the existing portion of Bailey Avenue situate between the two existing bridges over Cazenovia Creek and the Buffalo River. The portion of City street Right of Way property that will be abandoned and swapped is described on Exhibit A attached hereto. The land that the City will be receiving from the County of Erie in the parcel swap is described on Exhibit B attached hereto. The Department of Public Works, Parks & Streets has no objections to the abandonment and swap of this portion of the Bailey Avenue Right of Way on condition that: 1. The City of Buffalo and any utility company or other person /entity that has interests in the area to be abandoned and sold reserves or is otherwise provided the right to preserve and protect their utilities or facilities in said area to the satisfaction of the City of Buffalo Dept. of Public Works, the City's Corporation Counsel's Office and the pertinent utility company(ies) or other impacted person or entity. 2. Erie County agrees to continuously grant the City of Buffalo and any and all utility companies or other impacted person or entity with interests in the subject area access to maintain, inspect, repair and /or replace bridge facilities and /or any and all utilities or other facilities located in the subject areas. 3. The official closing /abandonment of the right of way to be swapped will not become effective until the deeds from the City & Erie County respectively conveying the respective titles to the right of way properties are filed in the Erie County Clerk's Office and such other conditions deemed necessary as established by the City's Department of Public Works, Parks & Streets are satisfied. In accordance with Article 27.5 of the City Charter, Stropp Appraisal, Mr. Eriksen E. Stropp, on behalf of City of Buffalo estimated the fair market value of the subject portions of the City and Erie County owned parcels respectively as follows: City -owned Bailey Avenue Right Of Way - 1.36 acres - estimated the fair market value of the right of way to be Twenty Nine Thousand Eight Hundred Dollars ($29,800). Erie County Parkland (Portion of 152 Bailey) - 1.99 acres - estimated the fair market value to be Thirty Two Thousand Nine Hundred Dollars ($32,900). Subsequent to the issuance of the appraisal, the Erie County Parkland parcel was increased in size from 1.99 acres to 2.05 acres due primarily to Buffalo Sewer Authority related considerations. The County of Erie, however, is still not requiring any consideration for the parcel swap beyond the actual swap itself. The City of Buffalo Appraisal Review Board reviewed the appraisals at their meeting of January 7, 2015 and approved the respective relative values established by the Appraiser. The City of Buffalo and the County of Erie have agreed to convey the respective properties to the other providing prior approval is put in place by Your Honorable Body and by the Erie County Legislature and any other authorities having jurisdiction. In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for their review and recommendation. This Action was determined to be a Type 1 Action pursuant to 6NYCCR 617.4, State Environment Quality Review. A coordinated review was conducted and a Negative Declaration was prepared by the lead agency, the City of Buffalo Department of Public Works, Parks and Streets. Therefore, no further environmental evaluation is required. The Division of Real Estate and the Department of Public Works, Parks & Streets, Division of Engineering respectfully hereby recommend that Your Honorable Body approve the proposed abandonment and swap of the section of Bailey Avenue Right Of Way described on Exhibit A for that portion of Erie County property described on Exhibit B providing and after the following terms and conditions are satisfied: 1. Your Honorable Body refers this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the abandonment and swap of the City -owned section of Bailey Avenue Right Of Way described on Exhibit A for that portion of Erie County property described on Exhibit B. 2. In accordance with standard street abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the Council Chambers on the 31 st of March, 2015. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution setting Pubic Hearing together with a Notice of Public Hearing for your action. Forwarded separately but attached hereto are the following documents: a. Resolution setting Public Hearing b. Notice of Public Hearing c. Proposed Resolution approving proposed transfer and swap (for consideration by Your Honorable Body after the Public Hearing). REFERRED TO THE CITY PLANNING BOARD NO. 482 AMENDMENT TO THE 2014 -15 ANNUAL ACTION PLAN AND PRIOR YEARS' ANNUAL ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) Prior Council Reference: Item No. 13, CCP 07/09/13 (2013 Annual Action Plan) Item No. 3, CCP 02/15/11 (2011 Annual Action Plan) Item No. 57, CCP 02/16/10 (2010 Annual Action Plan) Attached for Your Honorable Body's consideration, please find amendments to the City of Buffalo's 2014 -2015 Annual Action Plan and prior years' Annual Action Plans. The attachment details changes to the budget lines 2014 -2015 Annual Action Plan and prior years' Annual Action Plans. Pursuant to 24 CFR 91.505, the City of Buffalo will be holding a public hearing on these amendments on March 25, 2015 at 6:00 p.m. at the United Way Building on 742 Delaware Ave, Buffalo, New York. The public hearing for the Amendments will occur as part of the formulation hearing for 2015 -2016 Annual Action Plan. The formulation hearing is informational only, advising the public of the types of activities that can be funded with HUD funds received by the City of Buffalo. The proposed budget for the 2015 -2016 Annual Action Plan will not be submitted to this Honorable Body until late May /early June. Notice of the public hearing for the amendments and formulation hearing was made in the local section of the Buffalo News, La Ultima, and Criterion, notice was also mailed to the City's block clubs, community based organizations, and public service agencies. A 30 -day comment period is provided for after the public hearing on March 25, 2015. The 30 -day comment period will end April 24, 2015. The amendments will be posted on the City's Office of Strategic Planning's website during the comment period. The Mayor's Office of Strategic Planning is requesting that your Honorable Body approve the attached amendments to the 2014 -15 Annual Action Plan and Prior Years' Annual Action Plans for the CDBG and HOME Program Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 483 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO - ADD (2) PROPERTIES (193 STANTON ST. AND 155 GOLD ST.) PRIOR COUNCIL REFERENCE: Item No. 2437, C.C.P. 12/09/2014 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31, 2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend their lease agreement to add the following properties: Address Sponsor 193 Stanton PS #31 Harriet Ross Tubman School 212 Stanton Street 155 Gold Lovejoy Discovery School #43 161 Benzinger Street All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31, 2010, shall remain the same. I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and add 155 Gold Street and 193 Stanton Street. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated March 4, 2015, be received and filed: That the Common Council hereby approves amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to add 193 Stanton Street and 155 Gold Street. All other terms and conditions of the lease previously approved by the Common Council shall remain the same. PASSED AYES 9, NOES 0 NO. 484 REPORT OF SALE 159 BOX - VACANT LOT 167.32' West of Kehr Lot Size: 30'x 118' Assessed Valuation: $1,000 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Arthur L. Hall and Mrs. Sandra M. Hall, 157 Box Ave, Buffalo, New York 14211 to purchase 159 Box. Mr. and Mrs. Hall intend use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Sixty Cents ($.60) per square foot. Mr. and Mrs. Hall have agreed and are prepared to pay One Thousand Two Hundred Dollars ($1,200), Thirty Five Cents ($.35) per square foot for the subject property. I am recommending that Your Honorable Body approve the sale of 159 Box to Mr. and Mrs. Hall in the amount of One Thousand Two Hundred Dollars ($1,200). 1. Mr. and Mrs. Hall agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees 2. Mr. and Mrs. Hall agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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 March 10, 2015, be received and filed; That the offer from Mr. Arthur L. Hall and Mrs. Sandra M. Hall of 157 Box Avenue, Buffalo, New York 14211, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 159 Box Street be and hereby is accepted upon the following conditions: 1. Mr. and Mrs. Hall agree to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and 2. Mr. and Mrs. Hall agree to provide a singed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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. 486 REPORT OF SALE 548 GRANT & 586 GRANT (NORTH) Report of Sale 548 Grant - Vacant Lot West Side, 333.20' South of Bradley Lot Size: 30'x 134' Assessed Value: $3,700 586 Grant - Vacant Lot West Side, 153.20' South of Bradley Lot Size: 30'x 134' Assessed Valuation: $3,500 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James Swiezy to purchase the above reference properties on behalf of James Toolen, LLC having a place for the transaction of business at 1131 Delaware Avenue, Buffalo, New York 14209. James Toolen, LLC intends to build student housing for Buff State at 548 & 586 Grant Street. Mr. Swiezy has provided sufficient proof of finances to purchase the properties and construct the proposed housing. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Swiezy on behalf of James Toolen, LLC has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600), Ninety Cents ($.90) per square foot for each of the properties for a total of Seven Thousand Two Hundred Dollars ($7,200) for both 548 & 566 Grant Street. I am recommending that Your Honorable Body approve the sale of 548 & 566 Grant Street for the total amount of Seven Thousand Two Hundred Dollars ($7,200) on condition: 1. Mr. James Swiezy on behalf of James Toolen, LLC agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees. 2. Mr. James Swiezy on behalf of James Toolen, LLC agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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 March 10, 2015, be received and filed; That the offer from Mr. James Swiezy on behalf of James Toolen, LLC, 1131 Delaware Avenue, Buffalo, New York 14209, in the amount of Seven Thousand Tw Hundred Dollars ($7,200.00) for the purchase of 548 Grant and 586 Grant be and hereby is accepted; That Mr. James Swiezy, on behalf of James Toolen, LLC agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording; and that Mr. James Swiezy, on behalf of James Toolen, LLC agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property; 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. 486 REPORT OF SALE 47 HAWLEY- VACANT LOT EAST SIDE, 302.64 SOUTH OF BRADLEY LOT SIZE 30'X 1341ASSESSED VALUE $4,600 122 HAWLEY- VACANT LOT EAST SIDE 366' SOUTH OF LETCHWORTH LOT SIZE 30'X133' 150 HAWLEY- VACANT LOT EAST SIDE, 92,61' SOUTH OF LETCHWORH LOT SIZE: 3.02'X 49' ASSESSED VALUE $100 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James Swiezy to purchase the above reference properties on behalf of James Toolen, LLC having a place for the transaction of business at 1131 Delaware Avenue, Buffalo, New York 14209. James Toolen, LLC intends to build student housing at 47 & 122 Hawley. One of Mr. Swiezy's corporations own the property at 148 Hawley, which is adjacent to 150 Hawley. He is requesting to purchase 150 Hawley for additional green space. Mr. Swiezy has provided sufficient proof of finances to purchase the properties and construct the proposed homes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. 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 and Fifty Cents ($1.50) per square foot. Mr. Swiezy on behalf of James Toolen, LLC has agreed and is prepared to pay Four Thousand Dollars ($4,000), One Dollar ($1.00) per square foot for 47 Hawley; Four Thousand Dollars ($4,000), One Dollar ($1.00) per square foot for 122 Hawley and One Hundred Dollars ($100), Sixty -Eight Cents ($.68) per square foot for 150 Hawley for a total of Eight Thousand One Hundred Dollars ($8,100) for 47, 122 & 150 Hawley. I am recommending that Your Honorable Body approve the sale of 47 Hawley in the amount of Four Thousand Dollars ($4,000), 122 Hawley in the amount of Four Thousand Dollars ($4,000) and 150 Hawley in the amount of One Hundred Dollars ($100) for a total of Eight Thousand One Hundred Dollars ($8,100) on condition: 1. Mr. James Swiezy on behalf of James Toolen, LLC agrees to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees. 2. Mr. James Swiezy on behalf of James Toolen, LLC agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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 March 10, 2015, be received and filed; That the offer from Mr. James Swiezy on behalf of James Toolen, LLC, 1131 Delaware Avenue, Buffalo, New York 14209, in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 47 Hawley, 122 Hawley and 150 Hawley be and hereby is accepted upon the following conditions: 1. Mr. James Swiezy on behalf of James Toolen, LLC agrees to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and recording fees; and 2. Mr. James Swiezy on behalf of James Toolen, LLC agrees to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the property. 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. 487 REPORT OF SALE 19 ROHR STREET- VACANT LOT 130. N WALDEN LOT SIZE: 30'X 130' ASSESSED VALUE: $1,100 (FILLMORE DISTRICT) REPORT OF SALE 23 ROHR STREET- VACANT LOT 190. N WALDEN LOT SIZE: 30'X 130' ASSESSED VALUE: $1,100 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Selene Chestnut, 21 Rohr Street, Buffalo, New York 14211 to purchase 19 and 23 Rohr Street. Mrs. Chestnut would like to purchase the lots for additional yard space and to secure his property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) to Seventy Cents ($70) per square foot Mrs. Chestnut has agreed and is prepared to pay Thirty Cents ($.30) per square foot for the parcels 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. March 10, 2015 Report of Sale 19 and 23 Rohr Street I am recommending that Your Honorable Body approve the sale of 19 and 23 Rohr Street for the amount of Two Thousand Two Hundred Dollars ($2,200) to Mrs. Selene Chestnut. 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 March 10, 2015, be received and filed; That the offer from Selene Chestnut of 21 Rohr Street, Buffalo, New York 14211, in the amount of Two Thousand Two Hundred Dollars ($2,200.00) for the purchase of 19 Rohr Street and 23 Rohr Street 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 mad that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 488 BOND ACCOUNT CLOSEOUTS The City of Buffalo issues bonds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. As capital funds are raised by selling bonds, it is reasonable to anticipate that all projects will proceed and binding commitments for the completion of the projects will be entered into in a timely manner. Each account has been cooperatively reviewed by the Department of Public Works and the Department of Audit and Control to determine appropriateness and concurrence. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The following accounts listed below are coded within one or more of the purposes for closure: (1) Balance of funds too small to proceed with a Capital Project (2) No further commitments (3) Will not be used per resolution definition of project (4) No activity for number of years (5) Never been used (6) Negative impact on Arbitrage Bond Revised Acct Title Bond revised Unencumbered 36320806 FIRE ALARM S VAR LIBR 99 -00 39320306 IMPRMUSEUM OF SCIENC 06 32320406 CAZENOVIA CASINO REHAB 09 32320906 SAUNDERS CC ROOF IMP 09 33310806 ERIE CNL HRBR PH3 IMP 10 SV GC 33320106 725 HUMBOLDT LEAD ABT 10 34300106 PURCH STREET VEHICLE 11 SV OC 34311206 ERIE CNL HRBR STIR PH3 11 SV GC 34322706 BDWYDEPOT ROOF 10 34322806 BDWYMKT IMPROV 11 34323106 CITYBLDG IMPROV 11 SVGC 34324206 PAN AM BLDG WINDOWS 11 SVGC 35312606 MASTEN DIST INFRAST GENL CONTR 35316806 ALBERMALE STRSCAPE 12 35317006 BEDFORD MEDIAN 12 35328106 ALLENDALE THEATRE GEN IMPV 12 36319306 ELLICOTT ST IMPRV 13 36400216 PARK VEHICLE FUR GENL CONTR Series Budget YTD Actual Balance Code 01 -02 140,000.00 87,069.92 52,930,08 2006 160,000.00 139,300.00 20,700.00 2009 151,522.60 139,056.15 12,466.45 2009 26,263.92 721.84 25,542.08 2010 55,124.90 1,639.69 53,485.21 2010 580,547.68 99,387.44 481,160.24 2011 445,487.22 445,486.80 0.42 2011 54,705.00 1,586.25 53,118.75 2011 80,870.05 53,043.42 27,826.63 2011 246,172.48 229,987.14 16,185.34 2011 642,521.11 630,544.36 11,976.75 2011 54,705.00 51,459.05 3,245.95 2012 357,532.17 352,492.78 5,039.39 2012 189,757.64 157,102.58 32,655.06 2012 311,512.67 226,592.44 84,920.23 2012 15,322.80 256.03 15,066.77 2013 40,125.00 3,696.79 36,428.21 2013 2,3,4,6 2,3,4,6 1,2,3,4 1,3,4,5 1,3,4,5 2,3 1,2,3 1,2,3,5 1,2,3,4 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 2,3 1,3,4,5 1,2,3 1,2,3 225,000.00 224,551.55 448.45 5,198,830.61 2,843,974.23 933,196.01 2,3,4,6 2,3,4,6 1,2,3,4 1,3,4,5 1,3,4,5 2,3 1,2,3 1,2,3,5 1,2,3,4 1,2,3 1,2,3 1,2,3 1,2,3 1,2,3 2,3 1,3,4,5 1,2,3 1,2,3 V A 9AV :» III tell I.I:9K6]dildiIIaIA0001191► /- [6] 0 In a Resolution dated October 3, 2014 a resolution was adopted calling for the creation of a Minority and Women -owned Business Enterprise (MWBE) Task Force. Council Members were given the opportunity to select an individual to serve on the MWBE Task Force, that has current involvement as well as the proficiencies and knowledge that would prove valuable in the advancement of MWBEs. The following persons have been selected by their respective Council Districts to serve on the City of Buffalo Common Council's MWBE Task Force: Delaware - Jennifer Parker Ellicott District - Janique Curry -Chair Person Fillmore District - Betty (B. O.) Gray Masten District - Allison Dehonney Niagara District - Terry Richard North - Talia Rodriguez University District - Sidney Brown ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 490 AUTHORIZATION FOR MANAGEMENT AGREEMENT MODIFICATION FOR HATCH RESTAURANT OPERATIONS BETWEEN CITY OF BUFFALO AND MOLLYWORLD, INC. I hereby submit to your Honorable Body the following Agreement Modification between City of Buffalo and Mollyworld, Inc. for the Hatch Restaurant Operations. As per terms of current management agreement, the annual business plan for the Hatch Restaurant has been submitted by Mollyworld, Inc. and reviewed by the Department of Public Works, Parks and Streets. Please find attached to this communication a copy of the Agreement Modification, necessary to maximize services in, and efficient operation of, the Hatch Restaurant complex. Authorization is hereby requested from Your Honorable Body for this no cost Agreement Modification. Thank you for your consideration. TYPE DEPARTMENT HEAD NAME: 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 March 10, 2015, be received and filed; and That the Common Council hereby approves the Agreement Modifications between the City of Buffalo and Mollyworld, Inc. for the Hatch Restaurant Operations. PASSED AYES -9 NOES -0 NO. 491 CHANGE IN CONTRACT ELLICOTT STREET- PHASE 2 CONTRACT #93001096 PIN #6767.69 ELLICOTT DISTRICT Contract Summary: Contract Amount -Phase 2 + $739,537.00 Amount of change order( #1) $59,820.05 Revised Contract Amount $799,357.05 City share of Change Order ( #1) - 5% or $2,991.00 1 hereby submit to your Honorable Body the following change for this contract. Foit Albert Associates is the Engineering Consultant for the Ellicott Street Phase 2 Project for the City of Buffalo. The referenced contract provided for the Construction Administration and Inspection of the Phase 2 project. This increase is needed to complete the Construction Administration /Inspection of the project (through May 2015) and to provide the close -out documentation for the Phase 2 project. This is a federally funded project and the funding breakdown is 80% Federal, 15% NYSDOT and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $59,820.05. Of this amount, 5% or $2,991.00 is the City share of the change. The funds are available in Capital Project Accounts: 31692206- 445600, and /or 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 March 9, 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 $59,820.05 (Original Contract Amount $739,537.00 + Change Order $59,820.00 for a Revised Contract Amount of $799,357.05) for the Ellicott Street Phase 2 Project for the City of Buffalo, to Foit Albert Associates, PIN #5757.59. Funds are available in Capital Project Accounts #31692206- 445600, and /or account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 492 CHANGE IN CONTRACT CONTRACT # H0000128 JFK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 14201 ITEM NO. 991 CCP 5/13/14 1 hereby submit to Your Honorable Body the following change for the JFK Community Center Rehabilitation Project, Goodwin Electric, Contract No.1-10000128. 1) This change includes labor and materials required for the additional electrical connections required for the electrical hot box The foregoing change results in a net increase of the previously approved amount of Five Hundred Forty Dollars and 75/100 ($540.75). Previouslyapproved amount ................................................................................................................................ ..............................$ 32,208.00 Amount to be approved with this Change Order ....................................................................................................... ............................... $540.75 Revisedamount ................................................................................................................................................. ............................... $ 32,748.75 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in account CH9R2017 -47000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated March 5, 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 $540.75 (Original Contract Amount $32,208.00 + Change Order $540.75 for a Revised Contract Amount of $32,748.75) for the JFK Community Center Rehabilitation Project, to Goodwin Electric, Contract #H0000128. Funds are available in Account #CH9R2017 -47000 - Buildings. PASSED AYES -9 NOES -0 NO. 493 CHANGE IN CONTRACT MARQUIS ENGINEERING, P.C. INFRASTRUCTURE INSPECTION CONSULTING SERVICESCONTRACT #93001288 I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract. This change order is necessary to increase the term contract encumberance to provide additional services for consultant inspection of paving work for the 2015 construction season. This change Order is in accordance with the consultant agreement and project procurement. Existing Contract amount $199,912.00 Increase in contract $198,265.00 Total Contract to Date $398,177.00 Funds are available in Capital Projects Account # 37315506 - 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Marquis Engineering, P.C. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated March45, 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 $198,265.00 (Original Contract Amount $199,912.00 + Change Order $198,256.00 for a Revised Contract Amount of $398,177.00) for the Infrastructure Inspection consulting Services Contract, to Marquis Engineering, P.C., Contract #93001288. Funds are available in Capital Projects Account #37315506 - 445100 and /or another account to be named at a future date. PASSED AYES - 9 NOES — 0 NO. 494 DISENCUMBER CONTRACT FUNDS CONTRACT #93000945 CITY COURT FIRE DETECTION /ALARM SYSTEMS Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to disencumber $169,039.40 from this contract with Weydman Electric. There were additional per unit allowances that were bid on yet were not needed to complete the project. These funds are going to then be used on a new City Court 4 h Floor Renovations project, which, includes fire detection /alarm replacement. 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 March 3, 2015, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to disencumber $169,039.40 from the contract with Weydman Electric for the City Court Fire Detection /Alarm System. These funds will be used on a new City Court Fourth Floor Renovation Project, which includes fire detection /alarm replacement. PASSED AYES -9 NOES -0 NO. 496 INCREASE H ENCUMBRANCE WATTS ARCHITECTURE & ENGINEERING, INC. PUBLIC FACILITIES IMPROVEMENTS TO WALDEN PARK, MANHATTAN PARK & SCHILLER PARK CONSULTING SERVICES CONTRACT #H0000084 #2272 OF 11/12/14 1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide consulting services for additional facilities improvement work that includes but is not limited to environmental remediation and structural stabilization. Previously Approved amount $158,816.00 Increase amount(not to exceed) $20,186.00 Total contract amount(not to exceed) $179,002.00 Funds are available in Capital Projects Account # CH9132027- 470000 and /or mother account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Watts Architecture & Engineering, Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner to the Department of Public Works, Parks mad Streets, dated March 11, 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 Change Order #1 in the amount of $20,186.00 (Original Contract Amount $158,816.00 + Change Order #1 $20,186.00 for a Revised Contract Amount of $179,002.00) to Watts Architecture & Engineering, Inc. to provide consulting services for additional facilities improvement work to Walden Park, Manhattan Park and Schiller Park, which includes, but is not limited to, environmental remediation and structural stabilization. Funds are available in Capital Projects Accounts #CH9B2- 27- 470000 and /or another account to be named at a future date. PASSED AYES -9 NOES -0 NO. 496 PERMISSION TO ENTER INTO SUPPLEMENTAL AGREEMENT NO.4 W /NYSDOT FOR [BAILEY AVENUE BRIDGES - PIN 5756.34 OVER CAZENOVIA CREEK & BUFFALO RIVER [LOVEJOY, SOUTH DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor to enter into supplemental agreements No. 4 to federal aid project # D017846 with the New York State Department of Transportation (NYSDOT). The total amount of the agreement is $ 2,076,000 that will be for both the federal and Non - federal share cost of the Preliminary Engineering (Scoping & Design I -VI) and Right -of -Way (Incidental & Acquisition) phases of the project related to Replacement of the Bailey Avenue Bridges Over Cazenovia Creek & Buffalo River. In addition, permission is requested for authorizing the Commissioner of Public Works, Parks and Streets to implement and funding in the first instance 100% of the Federal -aid and State Marchiselli program -aid eligible costs of the subject project phases of which the federal share is reimbursable. City share of total project costs is anticipated to be 5 %. 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 March 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 supplemental agreement no. 4 to federal aid project #D017846 with the New York State Department of Transportation (NYSDOT). The total amount of the agreement is $2,076,000.00 that will be for both the federal and non - federal share cost of the Preliminary Engineering (Scoping & Design I -VI) and Right -of -Way (Incidental & Acquisition) phases of the project related to the Replacement of the Bailey Avenue Bridges over Cazenovia Creek and the Buffalo River; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to implement and fired in the first instance 100% of the Federal -aid and State Marchiselli program -aid eligible costs of the subject project phases of which the federal share is reimbursable. Funds 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. 497 PERMISSION TO ENTER INTO AN AGREEMENT FOR VETERINARY SERVICES Permission is hereby requested from Your Honorable Body to enter into agreements for veterinary services at the City of Buffalo Animal Shelter with the Buffalo Small Animal Hospital and McClelland Small Animal Hospital. The requested awards come as a recommendation based on responses to the City's Request for Proposals for these services. Buffalo Small Animal Hospital will be awarded Category A General Services $76,000.00 Categories B Vaccinations, C Elective Surgical Procedures, and D- Medications & Procedures for an estimated cost not to exceed $40,000.00 $116,000.00 McClelland Small Animal Hospital will also be awarded: Categories: - Vaccinations, C- Elective Surgical Procedures, and D- Medications & Procedures for an estimated cost not to exceed $35,000.00 1 recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into these agreements. Funds for these contracts are available in 15203006 - 432002. 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 26, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into agreement for veterinary services at the City of Buffalo Animal Shelter with the Buffalo Small Animal Hospital and McClelland Small Animal Hospital. The requested awards come as a recommendation based on responses to the City of Buffalo's Request of Proposals (RFP) process. Funds for these contracts are available in Account #15203006 - 432002. PASSED AYES — 9 NOES - 0 NO. 498 PERMISSION TO EXTEND VETERINARY SERVICES CONTRACT Permission is hereby requested from Your Honorable Body to extend the contract with Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter that expired June 30, 2014. This extension is not to exceed June 30, 2015, to allow the City to award the contract to the new for these services based on responses from request for proposals. Buffalo Small Animal Hospital currently services the City of Buffalo Animal Shelter and have agreed to hold their prices throughout the requested extension time period. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into an extension agreement. Funds for this contract are available in 15203006 - 432002. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to extend the contract with the Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter. The current contract expired on June 30, 2014. This extension would be on a month -to -month basis, and not to exceed June 30, 2015, to allow the City to reissue a Request for Proposals (RFP) for these services. Funds for this contract are available in Account #15203006 - 432002. PASSED — 9 NOES — 0 NO. 499 PERMISSION TO HIRE AN ENGINEERING CONSULTANT AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH FHWA, NYSDOT, NFTA, NITTEC, BSA AND CITY OF BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECTION OF THE NIAGARA STREET GATEWAY PROJECT - PHASES 3 AND 4 BETWEEN PORTER AVENUE AND ONTARIO STREET. CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT, NIAGARA AND NORTH DISTRICTS The City of Buffalo have designated $2.6M for the design, construction, administration and inspection of Niagara Street Gateway Project between Porter Avenue and Ontario Street. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into any and all necessary agreements with the FHWA, NYSDOT, NFTA, NITTEC, BSA and COB Water Board. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, administration and inspection of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 3, 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 any and all necessary agreements with the FHWA, NYSDOT, NFTA, NITTEC, Buffalo Sewer Authority and the City of Buffalo Water Board for the design, construction, administration and inspection of the Niagara Street Gateway Project between Porter Avenue and Ontario Street. These agreements would enable the Department of Public Works, Parks and Streets to administer this project and will cover all necessary work needed to complete the design, construction, administration and inspection of this project. PASSED AYES — 9 NOES — 0 NO. 500 PERMISSION TO HIRE AN ENGINEERING CONSULTANT; PERMISSION TO RECEIVE BIDS FROM CONSTRUCTION CONTRACTORS AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, BSA, U.S. ARMY CORP OF ENGINEERS, CANADIAN NATIONAL RAILROAD, THE BUFFALO AND [: FORT ERIE PUBLIC BRIDGE AUTHORITY, AND CITY OF BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION [: AND INSPECTION OF THE BUFFALO SHORELINE TRAIL IMPROVEMENTS BEGINNING NORTH OF BRODERICK PARK TO THE CITY LIMIT CITY OF BUFFALO, COUNTY OF ERIE NIAGARA DISTRICT, & NORTH DISTRICT The NYSDOT and the City of Buffalo have designated $1.975M for the design, construction, administration and inspection of the Buffalo Shoreline Trail Improvements, beginning north of Broderick Park to the City Limit. The City of Buffalo has been awarded Federal Transportation Alternative Program (TAP) funds of up to $1.58M. Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, BSA, U.S. Army Corps of Engineers, Canadian National Railroad, The Buffalo and Fort Erie Public Bridge Authority, and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. I also respectfully request that Your Honorable Body authorize the Department of Public —5'— Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the subject project. The costs for consulting services are estimated not to exceed $350,000. The funds will be available in a Grant account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 11, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, NITTEC, Buffalo Sewer Authority, the U.S. Army Corps of Engineers, Canadian National Railroad, The Buffalo and Fort Erie Public Bridge Authority, and the City of Buffalo Water Board for the design, construction, administration and inspection of the Buffalo Shoreline Trail Improvements, beginning north of Broderick Park to the City limit. The City of Buffalo has been awarded Federal Transportation Alternative Program (TAP) funds of up to $1.58 million. These agreements would enable the Department of Public Works, Parks and Streets to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for this project. The costs for consulting services are estimated not to exceed $350,000.00. The funds will be available in a Grant account(s) to be named at a later date. The consultant will be chosen through a Request for Qualification (RFP) process. PASSED AYES — 9 NOES - 0 NO. 504 PERMISSION TO HIRE HVAC CONTRACTOR ON PRICE AGREEMENT VARIOUS CITY BUILDINGS VARIOUS DISTRICTS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets, Division of Buildings to grant permission to hire the electrical contractor listed below a price agreement to perform on call HVAC services for various city owned buildings throughout the City. We have solicited request for proposals (RFP) on a formal basis and advertised in the Buffalo News which was released August 12, 2014. The term of the RFP is one (1) year, with our option to renew for an additional four (4) separate one -year period, to be exercised at the City's sole discretion. Review of the RFP was made of our proposal received and our decision was based on criteria listed in the RFP on a weighted measure rating method. The list of the contractors that responded was as follows: 1. DV Brown & Associates 2. Mollenberg -Betz 3. Danforth 4. Colgate Heating Award recommendation with the Price Agreement specifics are as follows: DV Brown. Rates /Specific Journeyman Apprentice Helper Work Periods M -F 8am -5pm $77.60/hr $63.00 /hr $63.00 /hr M -F 5pm -8am $105.00 /hr $73.50/hr $73.50/hr Sat., Sun., Holiday $128.00/hr $89.00 /hr $89.00 /hr Emergency $105.00 /hr $73.50/hr $73.50/hr Material Markup Percentage = 18% The funds are available in the respective accounts for each repair services to be requested. 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 March 10, 2015, be received and filed; and That the Con- -non Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire DV Brown & Associates to perform on -call HVAC services for various City -owned buildings throughout the City of Buffalo. The consultant was chosen through a Request for Proposals (RFP) process. The term of the RFP is one (1) year, with an option to renew for an additional four (4) separate one -year periods. The funds are available in the respective accounts for each repair services to be requested. PASSED AYES -9 NOES -0 NO. 502 REPORT OF BIDS POLICE HEADQUARTER GARAGE FLOOR REHAB JOB #1420 FILLMORE DISTRICT I asked for on February 24, 2015, and received the following formal sealed bids for Police Headquarters Garage Floor Rehab, which were publicly opened and read on March 10, 2015. Base Bid Alt #1 Alt #2 Millennium Construction $61,500.00 Miller Enterprise $61,700.00 Raymond E. Kelly* $66,388.00 Patterson Steven $79,563.00 Nichter Construction* $89,700.00 *Bids disqualified by Law Depart, no EOE submitted with bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Millennium Construction, with a Base Bid of $61,500.00, and a contingency of $6,150.00 for a total bid of Sixty One Thousand Six Hundred Fifty and 00/100 Dollars ($67,650.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in 35323506 - 445100 Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 13, 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 Police Headquarters Garage Floor Rehabilitation, with Millennium Construction, with a total bid of $67,650.00 (Base Bid of $61,511.00 + 10% Contingency of $6,150.00 for a Total Bid of $67,650.00). Funding for this project is available in Account #35323506 — 445100 — Buildings. PASSED AYES 9. NOES 0 HVAC Work NO. 503 REPORT OF BIDS - CORRECTION ** RENOVATIONS TO CITY COURT FOURTH FLOOR 50 DELAWARE AVE. ELLICOTT DISTRICT I 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 Ackerman 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. "Change in contingency amount. 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: MLP Plumb. & 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 $18,133.00 for a grand total of Seven Hundred Eleven Thousand, Four Hundred Twenty Eight Dollars and 00/100 ($711,428.00). Funds for this project are available in the following accounts: 38324306 - 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 March 13, 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 $18,133.00, for a grand total of $711,428.00. Funds for this project are available in Accounts #38324306 - 445100 and 36329806- 445100. PASSED AYES 9, NOES 0 NO. 504 REPORT OF BIDS SCHILLER PARK SR. CENTER MASONRY REHABILITATION PROJECT CDBG FUNDED YR 40 -50203 Request for bids originated on February 2, 2015 and received the following formal sealed bids for the Schiller Park St. Center Masonry Restoration Project #SP -40- 50202, which were publicly opened and read on February 18, 2015. General Construction Base Bid Morris Masonry Restoration, Inc. $12,810.00 441 Bailey Avenue Buffalo, NY Highland Masonry & Restoration, Inc $13,086.00 33 Ransier Drive West Seneca, NY 14224 Lupini Construction, Inc. $14,261.45 6081 Trenton Road Utica, NY 13502 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry Restoration, Inc., with a Base Bid of $12,810.00 plus 10% contingency for $1,281.00, for a total of Fourteen Thousand Ninety One Dollars and 00/100 ($14,091.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in DJ9132037- 470000 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated March 11, 2015, be received and flied; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Schiller Park Senior Center, Masonry Rehabilitation Project, with Morris Masonry Restoration, Inc., with a total bid of $14,091.00 (Base Bid of $12,810.00 + 10% Contingency of $1,281.00 for a Total Bid of $14,091.00). Funding for this project is available in Account #DJ9132037 - 470000. PASSED AYES - 9 NOES — 0 NO. 505 APPOINT CHIEF DISPATCHER (TITUS JR)(PROV)(INTER) Certificate of Appointment Appointment Effective 3/5/15 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chief Dispatcher Provisional Promotional Intermediate Starting Salary of $41,299 Donald Titus Jr., 92 Briggs Ave, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 506 ACCEPTANCE OF VARIOUS REIMBURSEMENT FUNDS The Buffalo Police Department is respectfully requesting authorization for the Mayor to accept funding for the following reimbursement payments that will be paid to the City of Buffalo for expenses and services rendered: 1) $60,000 from the NY State Attorney's Office for the purchase of bullet proof vests, including new recruit vests, through their recent "Invest" Program. 2) $30,000 from the NY State Attorney's Office reimbursing the Buffalo Police Department for opioid overdose prevention kits through a joint venture with the County of Erie Health Department through the State Attorney's "COPS" Program. 3) $4,887.77 from the Canadian National Power Authority for the City's assistance when they removed wires across the Niagara River (this dollar amount includes overtime for Police Underwater Recover Team Assistance and Public Works Assistance). If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated February 2, 2015, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Buffalo Police Department to accept funding for the following reimbursement payments that will be paid to the City of Buffalo for expenses and services rendered: • $60,000.00 from the New York State Attorney General's Office for the purchase of bullet proof vests, including new recruit vests, through their recent "Invest" Program; • $30,000:00 from the New York state Attorney General's Office reimbursing the Buffalo Police Department for opioid overdose prevention kits through a joint venture with the County of Erie Health Department through the State Attorney's "COPS" Program; and • $4,887.77 from the Canadian National Power Authority for the City's assistance with the removal of wires across the Niagara River. PASSED AYES - 9 NOES — 0 NO. 507 APPROVAL TO ADD SEIZED VEHICLES TO FLEET I hereby submit to Your Honorable Body a request to update the Buffalo Police Department fleet at no cost to tile City of Buffalo. Per seizures done in conjunction with U.S. Customs /I.C.E., the Buffalo Police Department requests permission to take into its' fleet a 2004 Mercedes Benz and a 1997 Dodge pickup. Both of these vehicles will be added as undercover vehicles and be utilized by Narcotics squad and other units to perform any Covert, undercover operations or any other policing function these vehicles will be useful in. U.S. Customs office is releasing both of these vehicles with no fees or costs to the City of Buffalo. If you have any questions or concerns, please contact me at 851 -4571. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Smith moved: That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated February 11, 2015, be received and filed; and That the Common Council hereby authorizes the Buffalo Police Department to add to its fleet at 2004 Mercedes Benz and a 1997 Dodge pickup, which were seized in conjunction with U.S. Customs /I.C.E. Both of these vehicles will be utilized in future undercover operations, will not be used as take -home vehicles. PASSED AYES - 9 NOES — 0 NO. 508 DRUG ASSET FORFEITURE WIRE TRANSFERS 14 -DEA- 600539 C2 -14 -0132 1,900.00 14 -DEA- 5911941 C2 -14 -0034 2,934.49 14 -DEA- 600260 C2 -14 -0128 1,439.40 14 -DEA- 600618 C2 -14 -0133 5,457.60 14 -DEA- 601614 C2 -14 -0143 18,000.00 14 -DEA- 601448 C2 -14 -0139 2,778.00 13- FBI - 006217 245D -BF- 40665/3110130043 110.20 14 -DEA- 595300 C2 -14 -0077 1,995.00 14 -DEA- 602429 C2 -14 -0158 2,398.80 14 -DEA- 602557 C2 -14 -0159 1,242.60 14 -DEA- 602916 C2 -14 -0168 1,481.40 14 -DEA- 590815 C2 -14 -0014 3,372.78 14 -DEA- 601926 C2 -14 -0147 1,483.50 DEA TOTAL $44,593.77 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have ally questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624 REFERRED TO THE COMMITTEE ON FINANCE NO. 509 PERMISSION TO ENTER INTO CANINE TRAINING AGREEMENT ENTER PRIOR COUNCIL REFERENCE: (Item No 76, C.C.P. #2,1/20/15) The Buffalo Police Department is attaching a Canine Training Agreement offered by the Regional Municipality of Niagara Police Services Board, which is the agency that provides canine training to the Buffalo Police Department's Canine Unit, and which has been reviewed and approved as to form by the City's Law Department. We are requesting that your Honorable Body consent to the following: 1) Authorize the Buffalo Police Department to enter into this Agreement and to provide $5,000 for this training, which is being funded by a donation from the Hyde Foundation, already approved by your Honorable Body at the January 20, 2015 meeting, and as part of the Agreement, pay the Regional Municipality of Niagara Police the said 55,000 for their canine training services; 2) The indemnity and release provisions being provided by the City to the Regional Municipality of Niagara Police Services Board which are contained in this Agreement. If you should have any questions, please feel free to contact Captain Mark akowski or Maureen Oakley of the Buffalo Police Department Planning /Grants Section at (716) 851 -4475. Your attention to this matter is appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated February 19, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into an agreement with the Regional Municipality of Niagara Police Services Board, the agency that provides canine training to the Buffalo Police Department's Canine Unit, and to provide $5,000.00 for this training, which is being funded by a donation from the Hyde Foundation. PASSED AYES - 9 NOES — 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 510 FOOD STORE (NEW) 3154 BAILEY (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 3154 BAILEY (SEMERE GEBREMUSIE & MEHARI LUGIA/ THE RED SEA STORE) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 511 FOOD STORE (NEW) 1000 ELMWOOD (DEL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1000 ELM -WOOD (RASHID ALI /THE MARKET ON ELMWOOD) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 512 FOOD STORE (NEW) 1326 EAST FERRY (FILL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 1326 EAST FERRY (BASMA SALEH /ONE STOP EXPRESS MART INC.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 513 FOOD STORE (NEW) 83 GRANT ST (NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 83 GRANT ST (SEAF ALMASHAKHY /FAST LINK) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 514 FOOD STORE (NEW) 366 PERRY ST (FILL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 366 PERRY ST (GHASSAN MOHSIN /PERRY MINI MART & GRILL.) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 515 FOOD STORE(NEW) 454 EAST UTICA (ELL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 454 EAST UTICA ( SALEH AHMEDM/IN CITY MARKET) and find that as to form is correct. I will cause an investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 516 LODGING HOUSE LICENSE 288 LINWOOD AVE (ELL) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 288 LINWOOD, and find that as to form is correct. I will cause an investigation into the premises for which said application for a Lodging House license is being sought and no License will be issued until all required approvals from Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael Parks. The attached thereto for Michael & Lisa Parks d /b /a Oscar Lang LLC This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION NO. 517 USED CAR DEALER 779 GENESEE ST (ELL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 779 Genesee and find that as to form is correct. I will cause an investigation into the premises for which said application for a used car dealer license is being sought and no License will be issued until all required approvals from the Zoning Office, Police Department, Fire Department and Building Inspection Section are obtained and I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of KELVIN BEAVER. The attached thereto for KELVIN BEAVER /EXECUTIVE AUTOMOTIVE DESIGN INC.. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 518 APPOINT BUILDING CODE SPECIALIST (PICCOLO)(TEMP)(MAX) Certificate of Appointment Appointment Effective: March 9, 2015 in the Department of Permit & Inspection Services Division of Permits to the Position of Building Code Specialist Temporary Appointment Maximum starting salary of $56,785 Michael Piccolo, 230 Heath St., Buffalo 14214 V A 9AV:» III tell r. I:9K0ldildiIIa1:10i1 ►[yD /1I&9A:ITAIN9 FROM THE CITY CLERK NO. 519 MAYOR REPORTED OUT OF STATE Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Friday, March 13, 2015 and Saturday, March 14, 2015. 1 hereby designate Corporation Counsel Timothy Ball to perform the Mayor's duties in my absence RECEIVED AND FILED NO. 520 BOARD OF ETHICS MEETING MINUTES JANUARY 2015 City of Buffalo Board of Ethics Meeting Minutes Tuesday, January 27, 2015 Members in Attendance: Douglas Coppola, Gerald Chwalinski, Cavette Chambers, Eleanor Paterson and Elizabeth Harned. Excused: James Magavern, Richard Sullivan Quorum New Business: 1) Transactional Disclosure was submitted by Citizen Services Director Oswaldo Mestre Jr. He attended the Executive Customer Contact Exchange Conference 10/14/14 - 10/15/14 in Miami, FL. Director Mestre Jr. submitted additional information on 1/26/15 regarding his travel. 2) 2015 Financial Disclosures: 50% of City employees and less board members have submitted them. Due date was 1/31/15. BOE offered an extension date of 3/02/15. Cavette suggested sending notice out early December regarding 2016's Financial Disclosure; others agreed. Old Business: 1. Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Tim Ball is reviewing the draft. Approval of the December 2, 2014 minutes Next meeting is scheduled for Tuesday, March 10, 2015. RECEIVED AND FILED NO. 521 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on February 17, 2015 No 376 Waiver of Fees for Lovejoy Cabin Fever Getaway Party No 381 Waive Special Event and all Permit Fees for the "Old Neighborhood" St. Patrick Day Parade Was presented to the Mayor on February 20, 2015, and returned to the City Clerk on March 4, 2015 without approval or disapproval RECEIVED AND FILED NO. 522 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 976 Elmwood 976 Elmwood Corey Granberry & Adam Sumlin 228 Allen St The Billy Club Noel Sutton 1487 Hertel 1487 Hertel Marathon Management 1 Fulton St Seneca Bflo Creek Casino Seneca Nations of Indians RECEIVED AND FILED NO. 523 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings Buffalo Sewer Authority RECEIVED AND FILED NO. 524 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 March 3, 2015 in the Department of Common Council Division of North District to the Position of Intern IX Unclassified Non - Competitive Flat Starting salary of $12.85 James Vossler, 273 Riverside Avenue, Buffalo 14207 NO. 626 NOTICES OF APPOINTMENTS — SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED Certificate of Appointment Appointment effective 3/5/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal Non - competitive flat starting salary of $12.85 Brandon Singleteary, 675 Norfolk Ave, Buffalo 14215 NO. 626 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 2/26/15 in the Department of Permit & Inspections Division of Inspections to the position of Clerk 55 -A Permanent Appointment minimum starting salary of $30,507 Michael Austin, 85 Blaine Ave, Buffalo 14208 Certificate of Appointment Appointment effective 3/2/15 in the Department of Police division of Patrol to the Position of Civilian School Crossing Guard Permanent Appointment first step starting salary of $11.22 Jason Whitaker, 40 Mapleridge Avenue, Buffalo 14215 Katie Denning, 33 Turner Avenue, Buffalo 14220 Certificate of Appointment Appointment effective 3/9/15 in the Department of Police division of Patrol to the Position of Civilian School Crossing Guard Permanent Appointment first step starting salary of $11.22 Latisha Baldwin, 38 Liddell Street, Buffalo 14212 Certificate of Appointment Appointment effective 3/2/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Temporary Open- Competitive minimum starting salary of $23, 908 Darryl Glasco, 12 Camelot, Buffalo 14214 Certificate of Appointment Appointment effective 3/5/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent Non - competitive minimum starting salary of $23,908 Kevin Briggs, 684 East Utica St., Buffalo 14211 Certificate of Appointment Appointment effective 3/9/15 in the Department of Public Works, Parks & Streets Division of Water to the Position of Caulker Permanent Non - competitive minimum starting salary of $37,953 Timothy McCormick, 85 Coolidge Rd, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 627 K. FIELDER - CONCERNS 240 AND 260 LAKEFRONT BLVD Attachments: SCENARIO A.pdf (211 K), SCENARIO B.pdf (107K), SCENARIO BI.pdf (199K), SCENARIO C.pdf (105K) Council President Pridgen and Councilman Franczyk: I have been speaking with Larry Cataldi at Breakwaters Condos and have shared several ideas with him. We are both in agreement, as were the 70 plus residents at the Templeton Landing meeting, that the Ciminelli proposed concept plan is too large, too ambitious and too aggressive for the amount of available land. In addition to the "alternative plan" that I sent both of you last week, Larry and I came up with some additional concepts that may be more favorable for Breakwaters. None of these concepts should be project killers for the developer but they go a very long way in terms of gaining existing residential support for the project To -date the developer has not reached out once to any of the residents who are dramatically impacted by this • proposed project. They have reacted to BURA and the Common Council in their directives to meet with the residents on a broad base only and we are very disappointed to see this lack of initiative on their part. We would urge that the Common Council "recommend" that the developer meet with those residents in Portside, Breakwaters and Marina Park who actually stand the possibility of having their real estate values decrease substantially by the proposed project. Finally, the point of the attached alternative plans is too demonstrate the latitude that could be exercised if the developer truly wanted to be a good neighbor. We have not seen any actual plans, although many residents have requested this, and we can only go by the general representations illustrated on the developer's handouts. And these illustrations are absolutely the worst case scenarios that we could possibly imagine. Your assistance in influencing the developer to be more" friend y" in their concept plans and your influence in getting the developer to meet directly with the impacted neighbors would be greatly appreciated. If for any reason you are not able to open the attachments, please let me know and I will drop them off at your offices. Thanks -- Kim Fiedler 24 Marina Park Buffalo, NY 14202 716 - 878 -9698 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 528 R. FONTANA -2015 FOOD STORE LICENSE CONDITIONS Patrick Sole, Jr. Director of Licenses, DPIS 324 City Hall Buffalo, NY 14202 Re: 2015 Food Store License Conditions Mr. Sole: Please apply the following list of district -wide conditions to all food store licenses in the Lovejoy District for 2015: No sale of drug paraphernalia, including but not limited to, glass tubes, glass pipes, glass pens, or "Chore Boy" metal scour pads In addition, please add the following location- specific conditions to the locations listed below: 1) 669 Walden Ave: No sale of tobacco wraps, blunts, or rolling papers No sale of single razor blades 2) 271 Ludington St: Limit hours of operation, must close by 9:00 pm no sale of tobacco, wraps, blunts, or rolling papers No sale of single razor blades 3) 1345 East Delavan Ave: No sale of tobacco, wraps, blunts, or rolling papers No sale of single razor blades 4) 2183 Genesee St: No sale of tobacco wraps, blunts, or rolling papers No sale of single razor blades 5) 1880 Clinton St: No sale of tobacco wraps, blunts, or rolling papers No sale of single razor blades No sale of loose cigarettes (" Ioosies ") 6) 2050 Clinton St: No sale of tobacco wraps, blunts, or rolling papers No sale of single razor blades No sale of loose cigarettes (" Ioosies ") Please feel free to contact my office with any questions or concerns. Thank you very much for your time and consideration in this matter. Sincerely, Richard A. Fontana Lovejoy District Councilmember ADOPTED NO. 529 J. GOLOMBEK- CONCERNS SNOW DUMPING 308 ONTARIO Dear Mr. Chwalinski: Mr. Snickles owns a property on 308 Ontario Street, and City of Buffalo plows have dumped large amounts of snow on his property several times over the past few weeks. He has spoken to the plow drivers, called 311, and placed calls to city maintenance. So far, none of his prior attempts have prevented the dumping. Mr. Snickles is very concerned that he will be held liable for the accumulating snow and any of the health hazards it poses for pedestrian or vehicle traffic, and he would like to resolve this issue as soon as possible. He is also concerned about any damages that may occur. Please let me know what we can do to assist Mr. Snickles. I appreciate your time and thank you for your efforts. RECEIVED AND FILED NO. 530 NYSDEC- RECORD OF DECISION -90 HOPKINS(SOUTH) Notice of Availability Record of Decision Site Name: 90 Hopkins Street Website: http: / /www.dec.ny.gov /chemical /98368.htm] Environmental Restoration Program, DEC Site #: E915181 Buffalo, Erie County New York State Department of Environmental Conservation (DEC) announces that the printed Record of Decision (ROD) for the 90 Hopkins Street site ( "site ") located at 90 Hopkins Street, Buffalo, Erie County is available for public review (see "Where to View the ROD," below). On Tuesday, September 9, 2014 DEC held a public meeting presenting the Proposed Remedial Action Plan (PRAP) for the site. The comments received at this meeting and during the public comment period (August 11, 2014 through September 22, 2014), along with the administrative record, were considered in preparing the final ROD for the site. The ROD presents the remedy selected to address contamination related to the site and the rationale for the chosen remedy. This remedy varies from the original remedy presented in the PRAP. After careful consideration of the comments received from the public and /or additional site information, the remedy was modified to address the concerns of the public and /or the additional site information. A Responsiveness Summary addressing the public comments received is also included in the ROD. The following is a summary of the chosen remedy described in the ROD: 1. Carbide Lime Excavation for Offsite Beneficial Use Excavation and removal of approximately 106,000 cubic yards (cy) (estimated as of 20 14) of non - contaminated lime that can be removed to the extent practicable and beneficially used as an agricultural soil amendment or for acid neutralization of industrial process waters. The excavation methods and sequencing will be implemented in a manner to limit large open excavations below the groundwater table Water encountered during excavation below the groundwater table and any other water that is potentially contaminated requiring management will be collected for treatment and disposal. Any areas needing fill to achieve desired grades, clean fill meeting the requirements of 6 NYCRR Part 375- 6.7(d) will be imported to replace the excavated soil, as necessary, and backfill the depressions resulting from lime pile excavation below adjoining ground to establish minimum design grades needed to promote positive drainage and prevent ponding of water. Soil derived from any re- grading and onsite fill materials meeting commercial use SCOs and suitable for use as fill may be re- used to backfill the excavation depressions resulting from lime removal- - 2. Impacted Soil /Fill Excavation and Disposal Initial excavation and off -site disposal soils /fill contain contaminants above commercial use SCOs, including • Any contaminated carbide lime that cannot be beneficially used or that is comingled with debris; • Impacted fill /debris containing PCBs above commercial use SCOs along the eastern property line to an estimated depth of one to two feet below existing grade (estimated 750 cy) for landfill disposal; • The top one foot of impacted soil /fill material across the non -lime areas of the site (estimated 3,000 cy) assuming that the underlying fill meets commercial use SCOs; • Post excavation sampling to determine if commercial use SCOs have been achieved; and • Depending on confirmation sampling results, remove impacted soil /fill material across the non -lime areas of the site that exceed commercial use SCOs (estimated 3,000 to 9000 cy) for landfill disposal. 3. If post- excavation sampling determines a limited amount of impacted soil /fill material remains, a site cover will be required. The cover will consist either of the structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper one foot of exposed existing surface soil exceeds the applicable Scos. Where the soil cover is required it will be a minimum of one foot of soil, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375- 6.7(d) for commercial use. The soil cover will be placed over a demarcation layer, with the upper three inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375- 6.7(d). 4. Institutional Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: Requires the remedial party or site owner to complete and submit to DEC a periodic certification of institutional and engineering controls in accordance with Part 375 -1.8 (h)(3); • Allows the use and development of the controlled property for commercial and industrial use as defined by Part 375- 1.8(g), although land use is subject to local zoning laws; • Restricts the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by DOH or County DOH; and • Requires compliance with the Department approved Site Management Plan. 5. Site Management Plan A Site Management Plan (SMP) is required, which includes the following: a. an Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media - specific requirements necessary to ensure the following institutional and engineering controls remain in place and effective: Institutional Controls: An Environmental Easement, periodic certifications, groundwater use restrictions, and compliance with the Site Management Plan as discussed above. Engineering Control: The site cover discussed in Section 3, if necessary. plan includes, but may not be limited to: an Excavation Plan which details the provisions for management &future excavations in areas of remaining contamination; descriptions of the provisions of the environmental easement including any land use, and groundwater use restrictions provisions for the management and inspection &necessary engineering controls; a provision for evaluating potential soil vapor intrusion for any buildings developed on the site including a provision for implementing actions recommended to address exposures related to soil vapor intrusion; maintaining site access controls and Department notification; and The steps necessary for the periodic reviews and certification of the institutional and /or engineering controls. b. a Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: • groundwater monitoring of the site to assess the performance and effectiveness of the remedy; • monitoring for soil vapor intrusion for any buildings developed on the site, as may be required by the Institutional and Engineering Control Plan discussed above, and • a schedule of monitoring and frequency of submittals to the Department. Where to View the ROD: The site ROD with Responsiveness Summary can be reviewed at the following locations: Buffalo and Erie Co. Public Library - Dudley Branch Attn: Head Librarian 201 South Park Avenue Buffalo, NY 14220 716 - 823 -1854 RECEIVED AND FILED NO. 531 NYSDEC- REMEDY PROPOSED BROWNFIELD SITE PUBLIC COMMENT PERIOD -3 GATES CIRCLE Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by the New York State Department of Environmental Conservation (DEC) to address contamination related to the 3 Gates Circle Site ( "site ") located at 3 Gates Circle, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location identified below under "Where to Find Information." The cleanup activities will be performed and funded by Gates Circle Holdings, LLC (applicant) with oversight provided by DEC. When DEC is satisfied that cleanup requirements have been achieved, the applicant may be eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from March 4, 2015 through April 17, 2015. The proposed plan is available for public review at the location(s) identified below under "Where to Find Information." Please submit comments to the DEC project manager listed under Project Related Questions in the "Who to Contact' area below. Proposed Remedy The proposed remedy consists of: Excavation of Contaminated Soils: The soils from a fuel oil spill will be excavated to remove the contaminated soils. Four additional areas were identified that require remedial action to address semi - volatile organic compounds (SVOCs) and mercury present in the soil /fill material. 3. Cover System: After removal of contaminated soils, a cover system will be placed over the entire site. The cover system may consist of building footprints, asphalt parking lots, concrete walk ways, acceptable backfill or a vegetative cover. 4. Site Management Plan (SMP): This plan will include a maintenance plan for the cover system and a soils management plan for any future excavation activities. 5. Environmental Easement: The institutional controls in the form of an environmental easement will be required. The institutional controls such as allowable land use and groundwater use restrictions and engineering controls such as monitoring and maintenance of the cover system and implementation of the SMP will be described in this document. The proposed remedy would be protective of public health and the environment as contaminated soils in the upper two feet would be removed and the cover system would reduce the potential exposure to subsurface contamination in soil /fill materials. The Site Management Plan (SMP) will ensure that any contaminated soil /fill excavated during future activities would be handled properly and the cover system is maintained. The Environmental Easement would ensure that all the institutional and engineering controls remain and the SMP is carried on. Summary of the Investigation: During site investigations, soil and groundwater samples were tested. The contaminants in soil were identified to be No. 6 fuel oil, polycyclic aromatic hydrocarbons (PAHs), and metals. The fuel oil was due to leaking underground storage tanks or a spill and Pails and metals were found in the fill materials at the site. The remaining oil from the spill at the site in soil requires a cleanup. The levels of PAHs and metals (especially mercury) found in soil exceed the cleanup objectives for the intended use of the property (Restricted Residential) and also require a remediation. The groundwater does not show significant contamination and does not require any remediation. Next Steps DEC will consider public comments received on the proposed remedy presented in the draft Remedial Work Plan (RWP) and ultimately issue a final Decision Document. New York State Department of Health (DOH) must also concur with the remedy. The final Remedial Work Plan (with revisions if necessary) and the Decision Document will be made available to the public. The applicant(s) may then design and perform the cleanup action to address the site contamination, with oversight by DEC and DOH. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The site property is located at 3 Gates Circle in the City of Buffalo. It consists of approximately 6.9 acres and encompasses the former Millard Fillmore Gates Circle hospital complex. The property is bounded by Delaware Ave. and commercial properties to the west; Linwood Ave. and a mix of commercial and residential properties to the east; Lafayette Ave. and a mix of commercial and residential properties to the north; and commercial properties to the south. Site Features: The site is composed of several interconnecting buildings covering most of the site. Currently the property is unoccupied. Current Zoning /Use: The site is currently zoned for commercial purposes. Page 2 Historical Use: The site was initially developed for residential use and was partially used for tricycle manufacturing pre- 1900. By 1916 the site was beginning to undergo use as a hospital facility, with continued expansion of the hospital complex (Millard Fillmore Gates Circle Hospital) through the early 1970's. Site Geology and Hydrogeology: The subsurface soils generally consist of non - native soils /fill in upper four feet overlying native soil. The fill materials consist of sands, gravels, cinders, bricks, and slag. The native soil is very hard, medium plasticity, reddish brown lean clay present at varying thicknesses and overlying reddish brown sandy silt. The bedrock is approximately 30 feet below ground surface and is described as gray cherty limestone. Groundwater is approximately 11 feet below ground surface and flows northerly towards Scajaquada Creek. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www.dec.ny.gov /chenlical /91521 .http: / /www.dec.ny.gov /chemical /91512.htmI and http:// www. dec. ny_.g ov/ cfmx/ extapps/ derexternal /haz /details.cfm ?pa.geid =3 &progno= C915272 RECEIVED AND FILED NO. 532 D. PRIDGEN- HOMEOWNERS WHO WERE THE FIRST CITIZENS TO INVEST IN THE REVITALIZATION OF DOWNTOWN BUFFALO. This letter documents the homeowners that moved into downtown Buffalo homes in 1984 and 1984. and have remained the original owners to date. Honorable Councilmember Pastor Darius Pridgen President of the Common Council City Hall Buffalo, New York 14202 Honorable Council- President Pridgen: Attached, please " find a list of pioneer homeowners who were the first citizens to investment in the revitalization of downtown Buffalo. These citizen pioneers moved into their newly constructed homes in the years 1983 and 1984, and have remained as the original owners until today, over a thirty (30) years investment milestone. All of these resident pioneers are located in the Ellicott District. The revitalized neighborhoods adjacent to downtown recovery are Willert Park Village, Rabin Terrace, Cary Street and the Rivermist Development. These locations were the first of new home development in Buffalo, New York in many decades. The purchasers were brave citizens who believed in Buffalo and invested not only their money, but their personal lives and their families' security to move into dying and undeveloped territory. Recent national and local studies reports that most home purchasers will move or resale their houses within a seven (7) to thirteen (13) years period. However the pioneer homeowner investors, on the attached page, have not sold their homes and still reside in the home that they proudly built more thirty (30) years ago. They truly are Buffalo Pioneers of who have demonstrated that neighborhood reinvestment, can and did help to revitalize the City of Buffalo. Recognition of these resident investors should be acknowledged. There may not be another Affordable Housing Program in the State of New York or even in the United State that can prove such a high percentage of Affordable Housing Homeownership success Thank you in advance for giving this your immediate attention. This is proof showing the nation that given the opportunity for affordable homeownership, the City of Buffalo can boast that they have another success story. REFERRED TO THE COMMITTEE ON COMMUNITY DEVLOPMENT NO. 533 D. SMITH ARTICLES PUBLIC SCHOOLS Available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 534 D. SMITH - LETTER OF RESPONSE FROM NATIONAL GRID Mark J.F. Schroeder, Comptroller City of Buffalo 1225 City Hall Buffalo, NY 14202 Dear Comptroller Schroeder: I am writing in response to your letter of February 13, 2015 summarizing our recent meeting in your office and in anticipation of our next meeting regarding street light audits. Like you, we look forward to bringing this a and in I would like to offer just a few points of clarification regarding the items you highlighted in your letter. It is my understanding that a follow up meeting has been scheduled for March 25 - We acknowledge that the City and its consultant have submitted all current claims, and we will begin our review process shortly. It is important that everyone understand that such a comprehensive review, like the audit itself, will take substantial time to complete, so a quick resolution is unlikely. We believe that the regularly scheduled progress meetings between your team and National Grid, led by Kevin Kennedy and Jeff Eddy will be useful. Regarding the City's smaller accounts that are outside the general street light audit, we will not be able to process any claims prior to our next meeting. National Grid is installing and testing a new tool for street light reconciliations that, when ready, will provide clearer, more accurate reports upon which to base decisions. We expect to have this ready in the next few weeks, and should be able to complete our review of those specific claims shortly thereafter. An electronic copy, in PDF format, of the current street light inventory is being prepared and will be sent to you as you requested. Regarding your request to provide all documentation from the 2006 audit, as a courtesy, we are providing the summary documents from that agreement and would be happy to discuss the rationale that supported its final resolution. However, I think it important to remind all parties that: o Complete documentation of that matter was provided to the City at the time, and was reviewed by the City and two of its consultants, and agreed to by the City, more than eight years ago. We consider that matter complete and closed. Enclosed is the acknowledgement signed by an Authorized Representative of the City along with the summary. We are obliged to follow approved tariffs in all our dealings with our customers for uniformity. The tariff provides that, when considering potential incorrect billing, we go back no more than six years from the time the error is verified. We recognize that much of the discussion and debate about this issue thus far involves tariff policy and regulation. As such, I would again offer that it could be in all party s best interest if we were to involve appropriate staff from the New York Department of Public Service directly in these meetings and conversations. I would be happy to discuss further, and make appropriate arrangements to that end. I look forward to our follow -up meeting, scheduled on March 25, to discuss the progress being made toward bringing this matter to a conclusion. Feel free to contact me if you have additional questions. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 535 D. MORALES, OWNER, 490 NIAGARA ST. TO REESTABLISH A RETAIL STORE IN THE NIAGARA COSTAL SPECIAL REVIEW DISTRICT (NIA)(HRG 3/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 536 O.C. LOPEZ, OWNER, USE 36 MASSACHUSETTS -TO PLACE A DRIVEWAY ON A VACANT LOT AND TO PLACE AND USE A CONCESSION TRAILER FOR FOOD IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (NIA)(HRG 3/24) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS NO. 537 A. AHMED, OWNER, USE 1146 HERTEL AVE -NEW OWNER, RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT AND CONTINUE USE OF EXISTING OUTDOOR PATIO ON CITY ROW (DEL)(HRG 3/24) REFERRED TO THE COMMITTEE ON LEGISLATION and THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 538 APPOINT EQUIPMENT OPERATOR(VANCE JR)(PROV)(INTER)(PW) CCP# 410 -15 -03/03 Mr. Wyatt moved: That Communication 410 of Mar 3, 2015, be received and filed and that the Provisional Appointment of Kevin Vance Jr, 85 Dartmouth, Buffalo, NY 142 15, to the Position of Equipment Operator, Provisional at the Intermediate Salary of $ 28,961.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 539 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 16-437,03/03) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) REQUEST FOR APPROVAL - ICE RINK MANAGEMENT SERVICES (DPW) (ITEM NO. 211, C.C.P FEB 3, 2015 Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Fontana moved that the above item be recommitted to the Committee on Finance. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 541 CHANGE IN CONTRACT - COEA COLA FIELD RENOVATIONS (FILL) (DPW) (REM NO. 397, C.C.P., MAR. 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 Department of Public Works, Parks and Streets to execute a Change Order #2 in the amount of $7,402.37 (Original Contract Amount $315,000.00 + Change Order #1 $27,142.21 + Change Order #2 $7,402.37 for a Revised Contract Amount of $349,544.58) for the Coca Cola Field Renovations, to Spicer Group (S &W Contracting), C #93001126. Funds for this work are available in Account #35323106 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 542 PERMISSION TO HIRE CONSULTANT -COCA COLD FIELD NEW STADIUM SEATING, PHASE 2 (FILL) (DPW) (ITEM NO. 401, C,C.P., MAR. 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 Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for New Stadium Seating, Coca Cola Field, Phase 2. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #35323106 - 445100 - Buildings, and the 2014/2015 Authorized Capital Improvement Program (unissued; waiting for account numbers). PASSED AYES — 9 NOES - 0