HomeMy WebLinkAbout15-1110 The Office of Strategic Planning, Land Use Planning Committee, Department of Public Works, Parks&Streets and Buffalo Sewer Authority have
indicated that they have no objections to the abandonment and sale of St. Paul Mall North and St. Paul Mall South,on condition that:
1. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to create,grant and continuously preserve and/or protect the City of Buffalo's utility lines/facilities and any and all other
utility lines/facilities or other persons/entities of interests.Said agreements shall be determined in the sole discretion of the City of Buffalo's
Corporation Counsel's Office.
2. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning shall submit said easements to the City of Buffalo and any affected utility company and other affected or impacted
persons/entities.The terms and conditions of the proposed easement agreements shall be negotiated to finalization and subject to review and
approval of the Department of Public Works,City of Buffalo Corporation Counsel's Office and any utility company and other interested
persons/entities that may be affected or impacted;
3. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to address any right of way and/or utility concerns or issues,if and when they should arise,to the satisfaction of the
Department of Public Works and the City's Corporation Counsel Office;
4. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to pay for all costs associated with any and all removal,relocation and/or decommissioning of any utilities/facilities that
should arise from this Project,if deemed necessary;
5. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees that if the Buffalo Fire Dept.requires the hydrant and branch piping that is located on St. Paul Mall North and South cul-
de-sacs dead ending from Ellicott Street then it will be necessary for the City to reserve the rights for easement and maintenance issues on those
Streets as well as Old Best and St. Paul Place;
6. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees that if the Buffalo Fire Dept.determines the dead ended hydrant supplies need to be abandoned,then they will require
termination at the connection in Ellicott Street,and any and all costs associated with this expense shall be paid by1238 Group, LLC and/or a
corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning;
7.The Buffalo Sewer Authority has indicated that it will be necessary to transfer a single publicly owned receiver on St. Paul Mall South along with
the properties to 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the
Office of Strategic Planning;
8. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to keep the Dept.of Public Works, Parks and Streets apprised of the construction project and that the Department of
Public Works monitors the progress of any right of way concerns or issues,if and when they should arise;
9. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group; LLC and approved by the Office of
Strategic Planning agrees to sign a Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said document to be in
form and substance acceptable to the City in the City's sole discretion,
10.1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning shall pay for all title,survey(ALTA survey),title insurance,recordation fees,filing fees,transfer tax(deed stamps),as well as for
any and all other expenses related to the closing and transfer of title.
11. 1238 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office;
12.The official granting of the easements interests over,under and near the public right of way being sold will generally not become effective until
the deed reserving easements rights and/or easements are filed in the Erie County Clerk's Office.
13.The official closing/abandonment of the right of way to be sold will not become effective until the deed from the City conveying title to the right of
way property is filed in the Erie County Clerk's Office.
In accordance with Article 27.5 of the City Charter, 1238 Group, LLC commissioned KLW Group,Mr.Gregory Klauk,Appraiser to estimate the fair
market value of St. Paul Mall North and South.Mr. Klauk has estimated the value to be$24 per sq.ft.for each parcel or$423,000 for St. Paul Mall
North and$537,000 for St. Paul Mall South for a total of Nine Hundred Sixty Thousand Dollars($960,000.00).The City of Buffalo Appraisal Review
Board reviewed the appraisal at their February 23,2015 and approved the value established by the Appraiser at their meeting of March 20,2015.
1238 Group, LLC also commissioned the KLW Group,Mr.Gregory Klauk to estimate the value of the vacant lots they are interested in purchasing.
Mr. Klauk appraised the lots as two(2)groups of parcels(Parcel A and Parcel B). Parcel A consists of 11, 13&15 St. Paul and Mr. Klauk
estimated the value of Parcel A to be$97,700($30 per sq.ft.). Note,however 11 St Paul is owned by the Buffalo Urban Renewal Agency and the
value for that parcel was$14,375 leaving a value of$83,325 for the 13&15 St. Paul. Parcel B consists of 48&50 St. Paul and also 938 Ellicott and
Mr. Klauk estimated the value of Parcel B to be$267,000,for a total of$350,325.00 for 13, 15,48&50 St. Paul and 938 Ellicott Street.The sale
transaction for 11 St. Paul will be processed through the Buffalo Urban Renewal Agency,the owner of said property.
1238 Group, LLC has agreed and is prepared to pay$423,000 for St. Paul Mall North(approx. 17,605 sq.ft.)and$537,000 for St. Paul Mall South
(approx.22,363 sq.ft.),$83,325 for 13&15 St. Paul Mall and$267,000 for48&50 St. Paul Mall and 938 Ellicott Street for a total of$1,310,325.00.
They have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including but not limited to transfer tax,
recording fees,the cost to file the deed and any necessary easements.
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 is an unlisted action pursuant to SEQR guidelines and a short form Environmental Assessment Form,is attached.
The Office of Strategic Planning, Division of Real Estate respectfully hereby recommends that Your Honorable Body approve the proposed
abandonment and sale of St. Paul Mall North(approx. 17,605 sq.ft.)and St. Paul Mall South(approx.22,363 sq.ft.)for$24 per sq.ft.or$960,000
and the vacant lots at 13, 15,48,50 St. Paul and 938 Ellicott in the amount of$30 per sq.ft.or$350,325.00 for a total of$1,310,325.00 to 1238
Group, LLC and/or a corporation,partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic
Planning providing all of the above mentioned terms and conditions are satisfied including the following:
1.Your Honorable Body refer this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the
abandonment and sale of St. Paul Mall North Street(approx. 17,605 sq.ft.)and St. Paul Mall Sough Street(approx.22,363 sq.ft.).St Paul Mall
runs off of Ellicott Street between Best and East North Streets and currently serves as a portion of the public right of way(street).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(5)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 24th of November,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
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. Resolution approving proposed transfer
3.The Common Council must complete a Part 2 and Part 3 of the Short Environmental Assessment Form and prepare and adopt a Negative
Declaration,if appropriate,before adopting the item.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.2220
GRANT DISBURSEMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR$22,500
LOCAL FOOD PROMOTIOM PLANNING GRANT-PROJECT TITLE:CITY OF BUFFALO BROADWAY MARKET KITCHEN
In September,2015,The City of Buffalo received a$22,500.00 United States Department of Agriculture(USDA)Local Food Promotion Program
grant,for an operation plan for the Broadway Market Commercial Kitchen.This planning grant will determine demand for facility,anticipated end
users,potential programming,staffing needs,sanitation and maintenance needs,operation hours and regulations and fee schedule.The estimated
date of completion for the project is September,2016.
I am recommending that Your Honorable Body authorize the City to contract with the United States Department of Agriculture for the$22,500 Local
Food Promotion Program grant to benefit the Broadway Market and its present and future customers.
The Office of Strategic Planning respectfully requests that your Honorable Body hereby:
1.Authorize the Mayor or his designee to execute the necessary grant funding agreements(in substantially the form attached hereto)and related
documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding,and
2.Authorize the Mayor and other City personnel to take all other steps and to enter into and execute
such agreements and such further related project documentation and arrangements as are appropriate and/or necessary to facilitate and implement
the City's receipt,utilization,and disbursement of the grant funding,as well as all related reporting,monitoring,and follow-up functions associated
with the grant funding.
Mr. Rivera moved:
That the above item be,and the above communication from the Executive Director of the Office of Strategic Planning,dated October 26,2015,be
received and filed;
That the Common Council hereby authorizes the Mayor or his designee to execute the necessary grant funding agreements and related
documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of a$22,500.00 grant from the United States
Department of Agriculture Local Food Promotion Program Grant for an operation plan for the Broadway Market Commercial Kitchen;and
That the Common Council hereby authorizes the Mayor and other City personnel to take all other steps and to enter into and execute such
agreements and such further related project documentation and arrangements as are appropriate and/or necessary to facilitate and implement the
City's receipt,utilization,and disbursement of the grant funding,as well as all related reporting,monitoring,and follow-up functions associated with
the grant funding.
PASSED
AYES-8 NOES-0
NO.2221
PERMISSION TO EXTEND DESIGNATE DEVELOPER THE POLISH COMMUNITY CENTER OF BUFFALO,INC.
D/B/A THE LT.COL.MATT URBAN HUMAN SERVICES CENTER OF WNY AS DEVELOPER FOR FORMER
SCHOOL NO.57 LOCATED AT 243 SEARS(THE"PROPERTY")
FILLMORE DISTRICT
Pursuant to Item No. 1324,C.C.P.6/24/2014 Your Honorable Body approved to extend the designated developer status for the Polish Community
Center of WNY d/b/a Lt.Col.Matt Urban Human Resources Center of WNY as the Developer,and or a corporation,partnership,or other legal entity
to be designated by the Polish Community Center of Buffalo, Inc.d/b/a the Lt.Col.Matt Urban Human Resources Center of WNY and approved by
the Office of Strategic Planning("Developer")for the redevelopment of former School No.57 located at 243 Sears for an additional 18 month period
commencing from the date the Common Council approved the designation 6/24/2014).
The Office of Strategic Planning, Division of Real Estate,has once again received a request from the Polish Community Center of Buffalo, Inc.d/b/a
Lt.Col Matt Urban Human Resources Center of WNY to extend their designation for an additional 18 months from 12/11/2015—6/10/2017.
The Developer is proposing to convert the Property into a multi-purpose community service facility as well as a shelter for approximately 50 women
and children and 18 single room occupancy units.The Property is located behind the Developer's headquarters which is located at 1081 Broadway.
The acquisition of the Property would create a multi-purpose campus of services including job training and GED workforce preparation,crime
victims assistance program,weatherization,senior citizen case management services,after school programming and housing.The Developer also
envisions relocating the Hope Center to the school so they can expand the services it provides and expand on the services their clients receive. If
the Developer is successful,not only will this project provide needed and necessary housing,but it will provide a full array of services for the
community to thrive.Additional services will include expansion of the Urban Diner,additional facility for Code Blue activities,clothing closet,food
pantry,a cashless general store for the tenants and much needed medical and dental services.Savarino Companies, LLC has indicated that they
will be assisting the Developer with this project.The purchase price of the Property shall be negotiated based upon a real estate appraisal to be
obtained and paid for by the Developer
("Purchase Price"),which is subject to review by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body.
The Office of Real Estate respectfully requests that Your Honorable Body approve to extend the Polish Community Center of Buffalo, Inc.d/b/a the
Lt.Col.Matt Urban Human Services Center of WNY as the Developer,and/or a corporation,partnership,or other legal entity to be designated by the
Polish Community Center of Buffalo, Inc.d/b/a the Lt.Col.Matt Urban Human Services Center of WNY and approved by the City of Buffalo,as the
Developer of the Property for an additional eighteen(18)months subject to but not limited to the following terms and conditions.
a. Reimbursement of alarm monitoring service which is currently Twenty-Nine Dollars and Ninety-Five Cents($29.95)per month.
b. Exterior grounds maintenance in the form of snow removal,grass cutting&cleaning(i.e.miscellaneous blowing of garbage,bottles,etc).
c.Weekly reporting by the Developer to the City of site activity.
d.Continuation of payment of a designation fee of One Hundred Dollars($100.00)per month("Designation Fee")by Developer to the Office of Real
Estate and due by the first(1st)day of each month.
e. In the event the Developer shall exercise its option to acquire said Property pursuant to the LDA to be negotiated by Developer and the City,said
Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the
Property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees
f.Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board(if necessary)and
construction plans,including landscaping and a breakdown of estimated total Project costs,for review and approval by the City of Buffalo.Said
plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo.
g.Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to
the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement("LDA").
h.Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth(5th)of each month,beginning in the month
following this designation.
i.Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the
Project which shall be submitted prior to closing.
j. Developer is responsible for performing soil borings and soil investigations and any other tests,investigations,or surveys consistent with,and
subject to,execution and compliance with an Access, Indemnification and Insurance Agreement,by each and every Contractor hired by Developer
that will access the Property,for the purpose of determining,to Developer's satisfaction,the suitability of the Property for Developer's intended use,
and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response,Compensation and
Liability Act of 1980,as amended,42 USC ss 9601 et seq.;the Hazardous Materials Transportation Act,as amended,49 USC ss 1801 et seq.;the
Resource Conservation and Recovery Act,as amended,42 USC ss 6901 et seq.;Articles 15 and 27 of the New York State Environmental
Conservation Law or any other federal,state,or local law,regulation,rule,ordinance,by-law,policy guidance,procedure,interpretation,decision,
order,or directive,existing as of the date hereof,previously enforced or subsequently enacted.The Access Agreement and evidence of insurance
saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and
signed by the City of Buffalo prior to any and all Contractor's accessing the Property.
k.The successful negotiation of an LDA for approval by the Common Council no later than eighteen(18)months from the date the Common Council
approves the designation.
I.That the Developer,or an entity to be designated by the Developer and approved by the City,sign an Environmental Release and Indemnification
Agreement releasing the City of Buffalo from any and all liability.
November 10,2015
m. Upon signing of the LDA,payment by the Developer to the Office of Real Estate,a non-refundable deposit in the amount of ten percent(10%)of
the agreed to Purchase Price.The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter.
n. Individuals and/or corporations are ineligible for designation if they have outstanding taxes,water bills,parking tickets,user fee and/or demolition
liens or any other liens owed to the City of Buffalo,or if code violations exist on any property owned by them.
o.The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above.Should the City elect to
terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will
give written notice to the Developer via certified mail and allow the Developer two(2)weeks to cure.
p.The designation will expire on June 10,2017.
1 am requesting that your Honorable Body approve to extend the designation of the Polish Community Center of Buffalo, Inc.d/b/a the Lt.Col.Matt
Urban Human Services Center of WNY with a mailing address of 1081 Broadway, Buffalo, New York, 14211,and/or a corporation,partnership,or
other legal entity to be designated by Developer and approved by the City,as Developer of the above-referenced Property on the above terms and
conditions;authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property;and forward to the
Common Council for final approval agreements for the transfer of title.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated November 10,2015,be
received and filed;
That the Common Council hereby approves the extension of the Polish Community Center of Buffalo, Inc.d/b/a the Lt.Col.Matt Urban Human
Services Center of WNY as the Developer,and/or a corporation,partnership or other legal entity to be designated by the Police Community Center
of Buffalo, Inc.d/b/a the Lt.Col.Matt Urban Human Services Center of WNY of 243 a/k/a Former School No.57 for an additional eighteen(18)
months,subject to but not limited to the following terms and conditions:
a. Reimbursement of alarm monitoring service,which is currently Twenty-Nine Dollars and Ninety-Five Cents($29.95)per month.
b. Exterior grounds maintenance in the form of snow removal,grass cutting and cleaning(i.e.,miscellaneous blowing of garbage,bottles,etc.).
c.Weekly reporting by the Developer to the City of site activity.
d.Continuation of payment of a designation fee of One Hundred Dollars($100.00)per month("Designation Fee")by Developer to the Office of Real
Estate and due by the first(1 s`)day of each month.
e. In the event the Developer shall exercise its option to acquire said Property pursuant to the LDA to be negotiated by Developer and the City,said
Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the
Property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees.
f.Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board(if necessary)and
construction plans,including landscaping and a breakdown of estimated total Project costs,for review and approval by the City of Buffalo.Said
plans shall also be in accordance with Article XXVII of the Zoning Ordinance of the City of Buffalo.
g.Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to
the Office of Real Estate prior to the Common Council approval of a Land Disposition Agreement("LDA").
h.Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth(5`h)of each month,beginning in the month
following this designation.
i.Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the
Project which shall be submitted prior to closing.
j. Developer is responsible for performing soil borings and soil investigations and any other tests,investigations,or surveys consistent with,and
subject to,execution and compliance with an Access, Indemnification and Insurance Agreement,by each and every Contractor hired by Developer
that will access the Property,for the purpose of determining,to Developer's satisfaction,the suitability of the Property for Developer's intend use,
and/or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response,Compensation and
Liability Act of 1980,as amended,42 USC ss 9601 et seq.;the Hazardous Materials Transportation Act,as amended,49 USC ss 1801 et seq.;the
Resource Conservation and Recovery Act,as amended,42 USC ss 6901 et seq.;Articles 15 and 27 of the New York State Environmental
Conservation Law or any other federal,state or local law,regulation,rule,ordinance,by-law,policy guidance,procedure,interpretation,decision,
order,rule or directive,existing as of the date hereof,previously enforced or subsequently enacted.The Access Agreement and evidence of
insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's
Office and signed by the City of Buffalo prior to any and all Contractors accessing the Property.
k.The successful negotiation of an LDA for approval by the Common Council no later than eighteen(18)months from the date the Common Council
approves the designation.
1.That the Developer,or an entity to be designated by the Developer and approved by the City,sign an Environmental Release and Indemnification
Agreement releasing the City of Buffalo from any and all liability.
m. Upon signing of LDA,payment by the Developer to the Office of Real Estate,a non-refundable deposit in the amount often percent(10%)of the
agreed to Purchase Price.The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter.
n. Individuals and/or corporations are ineligible for designation if they have outstanding taxes,water bills,parking tickets,user fee and/or demolition
liens or any other liens owed to the City of Buffalo,or if code violations exist on any property owned by them.
o.The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above.Should the City elect to
terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions,the City will
give written notice to the Developer via certified mail and allow the Developer two(2)weeks to cure.
p.The designation will expire on June 10,2017.
That the Common Council hereby approves to extend the designation of the Polish Community Center of Buffalo, Inc.d/b/a the Lt.Col.Matt Urban
Human Services Center of WNY with a mailing address of 1081 Broadway, Buffalo, New York 14211,and/or a corporation,partnership,or other
legal entity to be designated by Developer and approved by the City,as Developer of the above-referenced Property on the above terms and
conditions;and that the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the
development of the Property and forward to the Common Council for final approval agreements for the transfer of title.
PASSED
AYES 8, NOES 0
NO.2222
REPORT OF SALE-2351 DELAWARE(FORMER LIBRARY)NORTH CORNER OF HERTEL AVENUE
Lot Size: 123'x 148.50'Assessed Value: Land:$56,200 Improvements:$54,800 Total:$111,000
Delaware District
The Office of Strategic Planning, Division of Real Estate has received many inquiries from individuals interested in acquiring and developing the
former library located at 2351 Delaware Avenue.The Office of Strategic Planning, Division of Real Estate,issued a Request for Proposal Package
(RFP)for this property.
The former library at 2351 Delaware consists of approximately 2,856 sq.ft.with an additional 2,736 sq.ft.in the basement.The building is located
in the Hertel Avenue Special Zoning District. In accordance with Article 27-5 of the City Charter,Sale by Appraisal,the City had the property
appraised by KLW Group and they estimated the value to be Three Hundred Sixteen Thousand Dollars($316,000).
The City received three(3)proposals for the subject property.The RFP was advertised in the Law Section of Business First,the Front Page(South
Buffalo News),West Side Times/Buffalo Rocket,The Challenger,the Riverside Review and was posted on the City web-site.The RFP was mailed
to interested parties, Developers and Real Estate Brokers that inquired about the property.A for sale sign was also posted on the property.
The proposals were reviewed based on the quality of the plan,accomplishment of other projects and neighborhood revitalization objectives,
capability to implement the development plan and financial considerations
The proposal submitted by Benderson Development Company, LLC was selected based on the proposed use,financing,and the Three Hundred
Fifty Thousand Dollar($350,000)purchase offer which is Thirty-Four Thousand Dollars($34,000)over the appraised value and they will absorb the
cost of demolition.
Benderson Development has indicated that the project will be privately financed and will not be subject to any commercial loans or finalizing
contingencies.They have also indicated that they are committed to fulfilling the policies of the City in regard to nondiscrimination and affirmative
action.All levels of the project will include the certified Minority and Women-Owned Business Enterprise participation. Benderson Development's
proposal centers on a mixed-use theme,encompassing retail and potential office uses.The retail portion of the development will attract a select
group of highly visible,highly qualified,small scale retailers.The office user will feature small scale office space conveniently tailored to the area.
Total project costs are estimated at One Million Seven Hundred Fourteen Thousand Three Hundred Eighty-Seven Dollars($1,714,387).
Pursuant to City Code Chapter;168-5(B)(8).The City of Buffalo's environmental review ordinance exempts the sale of city property,under 50
acres,from SEQR review by designating it a Type 2 Action.
In accordance with Chapter 168-5 of the City Charter under Environmental Review-actions or classes which have been determined not to have
significant adverse impact on the environment are classified as Type II actions.They do not require environmental impact statements or any other
determination or procedure under this chapter.Section 168-5(B)(8)exempts the disposition,including sale,lease or other transfer of City owned
property,provided that such parcel is less than 50 acres in size.
The subject property shall be sold on condition that Benderson Development Company, LLC agrees to accept the property in"as is"condition;pay
for the title search and title report,survey,transfer tax and recording fees;and provide the City of Buffalo with full release and indemnify as to
environmental and other matters regarding the property.Absent such release and indemnity,the City could remain liable after the sale closing for
environmental matters at the property.
Equal Employment and M/WBE Provisions
As an added community benefit Benderson Development Company, LLC has agreed to use its best efforts to pursue,a minority workforce goal of
25%,a woman workforce goal of 5%,a minority owned business enterprise(MBE)utilization goal of 25%and a women owned business enterprise
(WBE)utilization goal of 5%of the project construction cost,to the extent that it is economically and technically feasible to do so.
Employment Objective
Benderson Development Company, LLC,has agreed to use its best efforts,through business tenants of their project,to give preference to persons
residing within the limits of the City of Buffalo when filling employment vacancies or hiring new employees,in accordance with the City's desire to
promote development of business within the City of Buffalo and or increase employment opportunities for Buffalo residents.
Benderson Development Company, LLC has agreed to use its best efforts to list all new employment opportunities associated with the project at
2351 Delaware with the Department of Labor, Buffalo Employment Training Center(BETC)and Workforce Investment Board(WIB).
I am recommending that Your Honorable Body approve the abandonment and sale of the former library located at 2351 Delaware Avenue to
Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the Office of
Strategic Planning in the amount of Three Hundred Fifty Thousand Dollars($350,000)on condition:
1.The subject property will not transfer until Benderson Development or an entity to be designated by Benderson Development Company, LLC and
approved by the Office of Strategic Planning receives all necessary Planning Board and Zoning Board approvals;
2.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning accepts title in"as is condition",
3.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning pays for all closing costs including but not limited to title search and report,survey,transfer tax,recording fees,etc.;
4.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning will provide a signed full release and indemnify to the City as to environmental and other matters regarding this 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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated November 4,2015,be
received and filed;
That the proposal from Benderson Development Company, LLC,or an entity to be designated by Benderson Development Company, LLC and
approved by the Office of Strategic Planning for the acquisition and redevelopment of the former library located at 2351 Delaware Avenue and the
purchase offer of Thirty-Four Thousand Dollars($34,000.00),be and hereby is accepted upon the following conditions:
1.The subject property will not transfer until Benderson Development Company, LLC or an entity to be designated by Benderson Development
Company, LLC and approved by the Office of Strategic Planning receives all necessary Planning Board and Zoning Board Approvals;
2.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning accepts title in"as is condition";
3.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning pays for all closing costs including,but not limited to,title search and report,survey,transfer tax,recording fees,etc.,
4.That Benderson Development Company, LLC or an entity to be designated by Benderson Development Company, LLC and approved by the
Office of Strategic Planning will provide a signed full release and indemnify the City as to environmental and other matters regarding this property.
That the Common Council hereby authorizes the Office of Strategic Planning to prepare the necessary documents for the transfer of title and that
the Common Council hereby authorizes the Mayor to execute the same.
PASSED
AYES 8, NOES 0
NO.2223
REPORT OF SALE 170 FOX
Vacant Lot 246 N Sycamore Lot Size:30'x 132'Assessed Value:$1,700
(Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from Helen Wilson, 174 Fox, Buffalo, N.Y., 14211 to purchase 170
Fox.Ms.Wilson would like to purchase the lot adjacent to her home for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents($35)to Seventy Five
Cents($.75)per square foot.
Ms.Wilson has agreed and is prepared to pay One Thousand Four Hundred Dollars($1,400)for the above referenced property.She has also
agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 170 Fox for the amount of One Thousand Four Hundred Dollars($1,400)to Ms.
Wilson.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.2224
REPORT OF SALE 310 FOX STREET
Vacant Lot 78. N GENESEE Lot Size:25'x 141'Assessed Value:$1,500
(Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from New Beginnings COGIC,828 Genesee Street Buffalo, NY
14211 to purchase 310 Fox Street. New Beginnings would like to purchase the lot for additional yard space for their property located at 828
Genesee Street.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.A market analysis performed by the Division
of Real Estate showing similar sales in the area range from Thirty-Five Cents($.35)to Seventy-Five($.75)per square foot.
New Beginnings COGIC has agreed and is prepared to pay Fifty-One Cents($.51)per square foot for the parcel for a total of One Thousand Eight
Hundred Dollars($1.,800)for the above referenced properties.They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 310 Fox Street for the amount of One Thousand Eight Hundred Dollars($1,800)
to New Beginnings COGIC. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.2225
REPORT OF SALE 244 ROTHER
Vacant Lot 175 N Sycamore Lot Size:30'x 99'Assessed Value:$1,500
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Sheka Aman Hissu,225 Sobieski, Buffalo, N.Y., 14211 to
purchase 244 Rother.Mr. Hissu would like to purchase the lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale of these properties.
There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents($.35)to Seventy Five
Cents($.75)per square foot.
Mr. Hissu has agreed and is prepared to pay Two Thousand Dollars($2,000)for the above referenced property.She has also agreed to pay for the
cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 244 Rother for the amount of Two Thousand Dollars($2,000)to Mr. Hissu.
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. Rivera moved:
That the above item be,and the above communication from Office of Strategic Planning, Division of Real Estate,dated November 4,2015,be
received and filed;
That the offer from Sheka Aman Hissu of 225 Sobieski, Buffalo, New York 14211,in the mount of Two Thousand Dollars($2,000.00)for the
purchase of 244 Rother be and hereby is accepted;and
That the transfer tax,recording fees and cost of legal description shall be paid by the purchaser;and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same,in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES 8, NOES 0
FROM THE COMPTROLLER
NO.2226
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20-12 of the Charter, that it is
necessary that the sum of$94,500 be transferred and reappropriated as set forth below:
From:
30000-445100 General City Planning $94,500
To:
33222006-445500 Library Conceptual Design $46,000
33223006-445500 Allendale Theater $48,500
RECEIVED AND FILED
NO.2227
AUDIT OF ANIMAL SHELTER
Attached please find the audit report on the Animal Shelter,as well as the response we received from the Department of Public Works.
Available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE,
NO.2228
PARKING DEBT EXCLUSION
OCTOBER 1,2015-OCTOBER I,2016
The Office of State Comptroller has authorized the proportionate exclusion of indebtedness for parking facilities in the amount of$7,719,498;and in
accordance with Local Finance Law 3123.00,the certificate has been filed in my office,as chief fiscal officer dated October 26,2015 and will expire
on October 1,2016.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS
NO.2229
NOTIFICATION SERIAL#10908
INSTALL ALTERNATE PARKING-TYPE II K
DANAROAD,BETWEEN
MIDDLESEX ROAD AND BEDFORD AVENUE
(NORTH DISTRICT)
NO PARKING(ALTERNATE-TYPE II K)-INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo,the City Engineer hereby notifies Your Honorable Body of this
action supplementing,amending,or repealing existing provisions of Chapter 479 of the Ordinances,as stated below,to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Dana Road,west side 6:00 PM Monday to
between Middlesex Road 6:00 pm Thursday
and Bedford Avenue
Dana Road,east side 6:00 pm Thursday to
between Middlesex Road 6:OOpm Monday
and Bedford Avenue
RECEIVED AND FILED Waive 45 Days
NO.2230
CHANGE IN CONTRACT-ERIE BASIN MARINA-THE HATCH PHASE II
HVAC(FILL)(DPW)
#1450of 7/21/2015
I hereby submit to your Honorable Body the following change for Erie Basin Marina-The Hatch Phase II, HVAC. Northwest Mechanical Contract#
n93001519
1.)This change includes modifications to the kitchen hood Add$4,280.35
This foregoing change results in a net increase in the contract of Four Thousand Eight Hundred Dollars and 35/100($4,280.35)
Summary Current Contract Amount $66,975.00
Amount of this Change Order $4,280.35
Revised Contract Amount $71,256.35
Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are
available in 38328206-445100-Buildings
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works Parks and Streets,dated October
31,2015,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$4,280.35(Original Contract Amount$66,976.00+Change Order$4,280.35 for a Revised Contract Amount of$71,256.35)for the
Erie Basin Marina-The Hatch Phase II, HVAC, to Northwest Mechanical, Contract#93001519. The funds are available in Account#38328206-
445100-Buildings.
PASSED
AYES-8 NOES-0
NO.2231
ENGINE#21
EMERGENCY GENERATOR REPLACEMENT
JOB#1510
MASTEN DISTRICT
I requested on October 6th'2015 and received the following sealed bids for the Engine#21,
Emergency Generator Replacement project on October 27th 2015:
General Construction Base Bid
CIR Electrical $98,700
400 Ingham Ave., Buffalo, NY 14218
'Weydman Electric $119,300
747 Young St.,Tonawanda, NY 14150
'Weydman was deemed non-responsive due to incomplete proposal forms.
I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical,with a Base Bid price of Ninety Eight
Thousand Seven Hundred Dollars($98,700)+contingency of$10,000 for a total of One Hundred Eight Thousand Seven Hundred Dollars
($108,700)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 and Streets to order on the basis of the lowest
responsible bid. Funding for this project is available in account#38320316-445100.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Human Resources,dated November 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 enter into a contract with
CIR Electrical with a total bid of$108,700.00 (Base Bid-S97,700.00 + Contingence of$10,000.00 for a Total Bid of$108,700.00)for the Engine
#21 Emergency Generator Replacement. Funding for this project is available in Account#38320316-445100.
PASSED
AYES-8 NOES-0
NO.2232
ENCROACHMENT ON PUBIIC RIGHT OF WAY
282 DELAWARE AVENUE
HANDICAPPED ACCESS RAMP
ELLICOTT DISTRICT
Mr. Lawrence Senear, R.A.,an architect acting as agent for the Evergreen Association,located at 282 Delaware Avenue,has requested permission
to install a handicap ramp within city right of way at said address.
The handicap ramp would be constructed of concrete at grade with one step and a railing to separate the ramp from the balance of the sidewalk.
The overall dimensions measure approximately 13'in length and project 5'into city right of way.The sidewalk is 20'wide at this location and the
proposed ramp would not impede pedestrian traffic.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-59.1 (Handicapped Access Ramps)of the
City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If
approved by the Planning Board and Your Honorable Body the Commissioner will issue a"Mere License"subject to approval as-to-form by
Corporation Counsel,for said encroachment provided the following conditions are met:
• 1.That the applicant obtain any and all City of Buffalo permits necessary.
2.That the handicap ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services.
3.That the applicant be responsible for maintenance of the handicap ramp as long as it remains within City right of way.
4.That the handicap ramp be constructed so as not to be permanent in nature.
5.That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel
which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said
handicap ramp.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 413-59.1
(Handicapped Access Ramps)of the City Ordinances,to issue a"Mere License"to Mr. Lawrence Senear, R.A.,an architect,acting as agent for the
Evergreen Association,located at 282 Delaware Avenue, Buffalo, New York,to encroach City right-of-way with a handicap ramp upon the following
conditions:
1.That the applicant obtain any and all other City of Buffalo permits necessary;
2.That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Pern3it and Inspection Services;
3.That the applicant be responsible for maintenance of the handicap ramp as long as it remains within the City right-of-way;and
That the applicant enter into a hold harmless agreement and provide a certificate of insurance deemed sufficient by the Corporation Counsel which
will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,maintenance,use and removal of said handicap
ramp.
PASSED
AYES-8 NOES-0
NO.2233
INCREASE IN ENCUMBRANCE
TITAN DEVELOPEMENT,INC.
ONANDAGA PARK IMPROVEMENTS
PROJECT NO.0-40-50205
CONTRACT#H0000296
#715 OF 4/14/15
I hereby submit to your Honorable Body the following increase to the contract for the above named services.This change order is necessary for
additional concrete construction work at the Onandaga Park.
Previous approved amount
Increase in this request(not to exceed)
Total Contract to Date(not to exceed)
Funds are available in Capital Projects Account#DJ9B2007-470000 and$21,450.00 Account#CI9132007.
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 Titan
Development, Inc.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1
in the amount of$715.00(Original Contract Amount$20,735.00+Change Order#1 $715.00 for a Revised Contract Amount of$21,450.00)for the
Onondaga Park Improvements, Project No. 0-40-50205, to Titan Development, Inc., Contract#H0000296. Funds are available in Capital Projects
Account#DJ9B2007-470000 and Account#C19B2007
PASSED
AYES 8NOES-0
NO.2234
PERMISSION TO AMEND AGREEMENT
WITH NFTA REGARDING
CARS SHARING MAIN STREET
ELLICOTT DISTRICT
ITEM#2 JAN 13,2015
Item available for review in the City Clerk's Office
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works€Parks
and Streets,dated November 5,2015,be received and filed;
That the Common Council hereby authorizes the Mayor to execute an amended agreement between the City of Buffalo and the Niagara Frontier
Transit Metro System, Inc.("Metro")for Safety,Operating and Maintenance related to the return of traffic to the 600 and 500 Blocks of Main Street;
the following items are required to be amended:
1.The City is agreeing to turn completed work over the Metro"free and clear of liens".
2.Minor changes are necessary to amend the language in the agreement to extend the scope for the use of Main Street between Chippewa and
Mohawk by vehicles;
3.The City is agreeing to"reasonably promptly haul away snow"that accumulates in
the right-of-way of Main Street;
4.The City is agreeing to add language to its right-of-way permits to direct permitee's
to contact Metro in the event that they have work in the vicinity of the existing catenary system;and
5.The City is agreeing to Metro's request that the train control gates stay up in the event
of a power failure.This agreement is conditioned upon Metro agreeing to pay costs that may be necessary to facilitate that change in the field.
That the Common Council hereby authorizes the Mayor to execute the amended agreement with Metro containing the above referenced changes
with only such clarification and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the amended
agreement;and that the Common Council hereby authorizes the Mayor and/or other City personnel to enter into such agreements and other
appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the continuation of the return of motor vehicles to
Main Street.
PASSED
AYES-8 NOES—0
NO.2235
PERMISSION TO HIRE CONSULTANT
AUTUMNWOOD COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
LOVEJOY DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for Autumnwood Community Center Improvements.
The cost for consulting services is estimated not to exceed$50,000. Funds are available in DJ9132037 470000, IDIS#9126.The consultant will be
chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,2015,be received and flied;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for Autumnwood Community Center Improvements.The consultant will be chosen through a Request for
Proposals(RFP)process. Funds are available in Account#DJgB2037 470000, IDIS#9126.
PASSED
AYES-=8 NOES—0
NO.2236
PERMISSION TO HIRE CONSULTANT
T.J.DULSKI COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
FILLMORE DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for T.J. Dulski Community Center Improvements.
The cost for consulting services is estimated not to exceed$28,572.00. Funds are available in DJ9132037 470000, IDIS#9127.The consultant will
be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the.Department of Public Works, Parks and Streets,dated
October 31,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for T.J. Dulski Community Center Improvements.The consultant will be chosen through a Request for
Proposals(RFP)process. Funds are available in Account#DJ9B2037 470000, IDIS#9127.
PASSED
AYES—8 NOES—0
NO.2237
PERMISSION TO HIRE CONSULTANT
EDWARD SAUNDERS COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
UNIVERSITY DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for Edward Saunders Community Center Improvements.
The cost for consulting services is estimated not to exceed$40,000.00. Funds are available in DJ9132037 470000, IDIS#9131.The consultant will
be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,20!5,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for Edward Saunders Community Center Improvements.The consultant will be chosen through a
Request for Proposals(RFP)process. Funds are available in Account#DJ9B2037 470000, IDIS#9131.
PASSED
AYES-8 NOES 0
NO.2238
PERMISSION TO HIRE CONSULTANT
HENNEPIN PARK COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
LOVEJOY DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for Hennepin Park Community Center Improvements.
The cost for consulting services is estimated not to exceed$140,000.00. Funds are available in DJ9132037 470000, IDIS#9128.The consultant will
be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for Hennepin Park Community Center Improvements.The consultant will be chosen through a Request
for Proposals(RFP)process. Funds are available in Account#DJ9B2037 470000, IDIS#9128.
PASSED
AYES—8 NOES—0
NO.2239
PERMISSION TO HIRE CONSULTANT JFK PARK CONCESSION BUILDING DAVEY PARK PUBLIC FACILITIES IMPROVEMENTS
ELLICOTT DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural&engineering services for JFK Park Concession Building and Davey Park Improvements.
The cost for consulting services is estimated not to exceed$40,000.00.
Funds are available in DJ9B2007-470000,JKF Park IDIS#9134, Davey Park IDIS#9133.
The consultant will be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural and engineering services for JFK Park Concession Building and Davey Park Improvements.The consultant will be chosen
through a Request for Proposals(RFP)process. Funds are available in Account#DJ9B2007-470000,JKF Park IDIS#9134, Davey Park IDIS
#9133.
PASSED
AYES—8 NOES—0
NO.2240
PERMISSION TO HIRE CONSULTANT
MLK PARK CASINO BUILDING
PUBLIC FACILITIES IMPROVEMENTS
MASTEN DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for MLK Park Casino Building Improvements.
The cost for consulting services is estimated not to exceed$125,000.00. Funds are available in DJ9132037 470000, IDIS#9135.The consultant has
been chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for MLK Park Casino Building Improvements.The consultant was chosen through a Request for
Proposals(RFP)process. Funds are available in Account#DJgB2037-470000, IDIS#9135.
PASSED
AYES—8 NOES—0
NO.2241
PERMISSION TO HIRE CONSULTANT
NORTH WEST BUFFALO COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
NORTH DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for North West Buffalo Community Center Improvements.
The cost for consulting services is estimated not to exceed$22,600.00. Funds are available in DJ9132037 470000, IDIS#9129.The consultant will
be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for the North West Buffalo Community Center Improvements.The consultant will be chosen through a
Request for Proposals(RFP)process. Funds are available in Account#DJ9B2037-470000, IDIS#9129.
PASSED
AYES—8 NOES-0
NO.2242
PERMISSION TO HIRE CONSULTANT PRATT WILLERT COMMUNITY CENTER
PUBLIC FACILITIES IMPROVEMENTS
ELLICOTT DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire a consultant to provide
architectural/engineering services for Pratt Willert Community Center Improvements.
The cost for consulting services is estimated not to exceed$55,000.00. Funds are available in DJ9132037 470000, IDIS#9130.The consultant will
be chosen through a Request for Proposals(RFP)process.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
October 31,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to
provide architectural/engineering services for the Pratt Willert Community Center Improvements.The consultant will be chosen through a Request
for Proposals(RFP)process. Funds are available in Account#DJ9B2037-470000, IDIS#9130.
PASSED
AYES 8, NOES 0
NO.2243
PERMISSION TO INCREASE CONTRACT 2014-15 CITYWIDE TREE REMOVALS
TREE CARE OF NEW YORK,LLC CONTRACT#9301430
PRIOR COUNCIL REFERENCE: Item#1566 of July 22,2014
1 hereby submit to your Honorable Body the following change for this contract.Tree Care of New York, LLC is the contractor for 2014-15 Citywide
Tree Removals.This increase is necessary for the additional services for unforeseen emergency tree removal work.
Current Contract Amount: $356,400.00
This Cost Increase: $18,945.00
Total: $375,345.00
1 certify that this increase is based on unit prices from current contract and 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 and Streets to issue said increase
for$18,945.00.
The funds are available in O&M account#14570006 or account(s)to be named at a later date.
Mr. Rivera moved:
1 That the above item be,and the above communication from the Commissioner of the Department of Public Works Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute a Change Order
in the amount of$18,945.00(Original Contract Amount$356,400.00+Change Order$18,945.00 for a Revised Contract Amount of$375,345.00)
for 2014-15 Citywide Tree Removals,to Tree Care of New York, LLC,Contract#93001430.The funds are available in O&M Account#145700006,
or an account(s)to be named at a later date.
PASSED
AYES-8 NOES—0
NO.2244
REQUEST PERMISSION FOR SINGLE SOURCE PROVIDER
TRAFFICWARE SYNCHRO AND SIMTRAFFIC SOFTWARE
The Department of Public Works, Parks&Streets is requesting permission from your Honorable Body to purchase from a single source provider.
The Trafficware Synchro and SimTraffic software provides both macroscopic and microscopic intersection capacity analysis for single and/or
multiple intersections(networks).The analysis performed by this software is standardized nationally by the Transportation Research Board(TRB)in
conjunction with the Board's Highway Capacity Manual(HCM)and is supported by the Federal Highway Administration(FHWA)and the New York
State Department of Transportation(NYSDOT).This software package is used by NYSDOT,the GBNRTC and local consultants that provide
services to the City.
Funding is available and a request was entered on requisition#53803561,for purchase of Synchro plus SimTraffic 9 and Warrants 9,and includes
two years maintenance and a new customer discount.Trafficware is the only supplier that is capable of providing the proprietary software needed to
perform these analysis tasks.
The cost of this software and support package is$6,414.15 and will allow the Department of Public Works, Parks&Streets to perform traffic
analysis in-house,rather than continually having them done by consultant engineers.This will be more efficient from both a cost and time
standpoint.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and Streets to purchase from a
single Source provider the Trafficware Synchro and SimTraffic software,which provides both macroscopic and microscopic intersection capacity
analysis for single and/or multiple intersections.Trafficware is the only supplier that is capable of providing the proprietary software needed to
perform these analysis tasks.
PASSED
AYES 8, NOES 0
NO.2245
REPORT OF BIDS 2015 SUPPLEMENTAL TREE REMOVALS
CITYWIDE GROUP#865
1 advertised for on October 7,2015 and received the following formal sealed bids for the 2015 Supplemental Tree Removals,which were publicly
opened and read on October 21,2015.
Total Bid
Tree Care of New York, LLC $47,695.00
11493 Broadway
Alden, New York 14004
Schneck's Tree Removal, Inc. $39,225.00
2861 Southwestern Blvd.
Orchard Park, New York 14127
1 hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc.with a Total Bid of
Thirty-Nine Thousand Two Hundred Twenty Five and 00/100($39,225.00),is the lowest responsible bidder.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks&Streets to order on the basis of the lowest
responsible bidders. Funding for this project is available in the Tree Removal&Planting Bond 38304006-445100 and other account(s)to be named
at a later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the 2015 Supplemental Tree Removals,with Schneck's Tree Removal, Inc.,with a total bid of$39,225.00. Funding for this project is available in
the Tree Removal&Planting Bond Account#38304006-445100,and another account(s)to be named at a later date.
PASSED
AYES 8, NOES 0
NO.2246
REPORT OF BIDS CITY HALL OBSERVATION TOWER MESH BARRIER
ELLICOTT DISTRICT
General Construction: Base Bid
Sicoli Construction $38,600
4800 Hyde Park Blvd., Niagara Falls, NY 14305
Allstate General Contracting $49,100
31 Ransier Dr.,West Seneca, NY 14224
1 hereby certify that the foregoing is a true and correct statement of all bids received and that Sicoli Construction,with a Base Bid price of Thirty
Eight Thousand Six Hundred Dollars($38,600)+10%contingency of$3,860 for a total of Forty Two Thousand Four Hundred Sixty Dollars
($42,460)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 and Streets to order on the basis of the lowest
responsible bid. Funding for this project is available in account#13296007-472000.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 4,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the City Hall Observation Tower Mesh Barrier,with Sicoli Construction,with a total bid of$42,460.00(Base Bid of$38,600.00+10%
contingence of$3,860.00 for a Total Bid of$42,460.00). Funding for this project is available Account#13296007-472000
PASSED
AYES 8, NOES 0
NO.2247
REPORT OF BIDS FOR INTERIM GENERAL VETERINARY SERVICES
AT BUFFALO CITY ANIMAL SHELTER
I requested on October 28,2015 and received the following informal bids for Interim General Veterinary
Services at the Buffalo City Animal Shelter on November 6,2015:
Animal Hospital: Daily Rate Monthly Rate
McClelland Small Animal Hospital $220.00 $5,280.00
Ellicott Small Animal Hospital $325.00 $8,450.00
City Creatures No Bid No Bid
Nickel City Animal Hospital No Bid No Bid
I hereby certify that the foregoing is a true and correct statement of all bids received and that the McClelland Small Animal Hospital with a Dally Rate
bid price of Two Hundred Twenty Dollars($220.00)and Monthly Rate bid price of Five Thousand Two Hundred Eighty Dollars($5,280.00)is the
lowest responsible bidder in accordance with the solicitation for Interim General Veterinary Services.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into an agreement for the duration
of time a contract can be awarded from proposals generated by the Request for Proposal for Various Veterinary Services for the Buffalo City Animal
Shelter currently being solicited. Funding for this interim agreement is available in account#15203006-432002.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated
November 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 enter into an agreement
for Interim General Veterinary Services at the Buffalo City Animal Shelter,with McClelland Small Animal Hospital,with a Daily Rate Bid of Two
Hundred Twenty Dollars($220.00)and Monthly Rate Bid of Five Thousand Two Hundred Eighty Dollars($5,280.00). Funding for interim agreement
is available in Account#15203006-432002.
PASSED
AYES-8 NOES—0
NO.2248
APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(GATTI)
Certificate of Appointment
Appointment effective 10/30/15 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Heavy Equipment Operator
Provisional Open-Competitive Intermediate Starting Salary of$26,299(step13)
Aaron Gatti,39 Lafayette Ave.(Lower), Buffalo 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO.2249
APPROVAL OF A CONTRACT EXTENSION WITH LA SALLE AMBULANCE INC.,D/B/A
RURAL METRO MEDICAL SERVICES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
PRIOR COUNCIL REFERENCES:
February 18,2014,June 24,2014;September 16,2014
Item Nos.22 C.C.P.2/18/14 and 18A C.C.P.6/24/14 and 1854 C.C.P.9/16/14
Attached for Your Honorable Body's review and approval is an interim contract extension with La Salle Ambulance, Inc.,d/b/a/Rural Metro Medical
Services to serve as the City of Buffalo's Emergency Medical Services(EMS)provider.
The Buffalo Fire Department is requesting that approval be granted to allow the Mayor of the City of Buffalo to execute the attached retroactive
emergency extension through September 30,2015.The Agreement memorializes the contractual relationship under the previous expired extension.
The City issued a comprehensive Request for Proposals(RFP)for Emergency Service and Rural Metro Services won the bidding process.Your
Honorable Body granted permission to enter into contract negotiations with the selected provider, Rural Metro and a proposed Contract was
submitted and approved.This request for an extension is required in order for Rural Metro Services to properly issue payment under the terms of
the old agreement,while consideration was being given to the new agreement,which went into effect on October 1,2015.
Thank you for your measured consideration in approving said extension.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Buffalo Fire Department,dated October 28,2015,be received
and filed;and
That the Common Council hereby grants permission to the Commissioner of the Buffalo Fire Department to retroactively extend the agreement with
LaSalle Ambulance, Inc.d/b/a Rural/Metro Corporation to serve as the City of Buffalo's Emergency Medical Service provider through September 30,
2015.The extension is required in order for Rural Metro Services to properly issue payment under the terms of the old agreement,while
consideration was being given to the new agreement,which went into effect on October 1,2015.
Copy available for review in the City Clerk's Office
PASSED
AYES-8 NOES—0
FROM THE CORPORATION COUNSEL
NO.2250
TIME-SENSITIVE CLAIMS FOR APPROVAL
I.Stringer v.City of Buffalo
Council Majority Leader Rivera asked that the claim of Steven Stringer for$320.00 be considered by your Honorable Body.Mr.Stringer's motorcycle
was towed and stored after it had been stolen on September 25,2015.Mr.Stringer realized his motorcycle had been stolen after his insurance
company advised him his vehicle was in the City impound.Majority Leader Rivera has personal knowledge of the events immediately following the
theft and suggests that Mr.Stringer should be reimbursed for the towing and storage expenses,which were to be waived by the Police
Commissioner.
Based upon our review of the file and the investigation,the Law Department recommends a settlement of$320.00 and seeks this Honorable Body's
approval of the same.
II. Prior Fiscal Year Invoice:Operation Pets:The Spay/Neuter Clinic of WNY, Inc.:
The Department of Public Works, Parks&Streets has submitted a claim in the amount of$9,900.00 for Operation Pets:The Spay/Neuter Clinic of
WNY, Inc.,seeking payment for prior fiscal year invoices for services relating to the sterilization of feral cats. Payment wasn't made in the prior fiscal
year,despite the services being rendered to the satisfaction of the Department.
Based on the foregoing,the claim for$9,900.00 is also submitted to this Honorable Body for its approval.
Mr. Rivera moved:
That the above item be,and the above communication from the Department of Law,Office of the Corporation Counsel,dated November 10,2015,
be received and filed;
That the Common Council hereby authorizes payment of$320.00 to settle the matter of Stringer v.City of Buffalo;and
That the Common Council hereby authorizes payment of$9,900.00 to settle the matter of Operation Pets:The Sway/Neuter Clinic of WNY, Inc.for
services relating to the sterilization of feral cats. Payment was not made in the prior fiscal year despite the services being rendered to the satisfaction
of the Department of Public Works, Parks and Streets.
PASSED
AYES 8, NOES 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT
AND PERMIT&INSPECTION SERVICES
NO.2251
FOOD STORE(NEW)1981 FILLMORE(MASTEN)
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 1981 FILLMORE(IN AND OUT MART/A JAY SONNY 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.2252
FOOD STORE(NEW)113 GRANT ST(NIAGARA)
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 113 GRANT ST(KHIN MANUNG SOE/LIN ASIAN 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.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated October
22,2015,be received and filed;and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Khin Manung Soe d/b/a Lin Asian Market,located at 113 Grant Street.
PASSED
AYES-8 NOES-0
NO.2253
FOOD STORE(NEW)205 ONTARIO(NORTH)
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 205 ONTARIO ST(OMAR FADHIL ALBULA!MI/ALDULAIMI BAKERY.)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.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated October
30,2015,be received and filed;and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Omar Fadhil Albulaimi d/b/a Aldulaimi Bakery,located at 205 Ontario Street.
PASSED
AYES-8 NOES-0
NO.2254
FOOD STORE(NEW)1064 SYCAMORE(FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Fond Store
License located 1064 SYCAMORE(TANVIR AHMED KHALIQUE/JUNAHID AHMED/AL AMIN HALAL MEAT&FISH 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.2255
PROPERTY MANAGEMENT LICENSE DEREK MALKE/ALANEREK PROPERTIES LLC
99 CROMWELL DR DEPEW NY 14043
Pursuant to Chapter 265 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Property
Management License for Derek Malke/ALANEREK PROPERTIES LLC and find that as to form is correct. I will cause an investigation into the
applicant for which said application for a Property Management License is being sought and no License will be issued until all required approvals
from the Police Department and Law Department 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 Derek Malke/ALANEREK PROPERTIES LLC,the attached thereto for.This
request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.2256
USED CAR DEALER 1625 FILLMORE(MASTEN)
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 1625 FILLMORE and find that as to form is correct. I have caused an investigation into the premises for which said application for a
used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I
find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
BRENETTA MIXON.The attached thereto for BRENETTA MIXON/dba/BP GLOBAL FUNDS INC.This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.2257
USED CAR DEALER 170 WALDEN(FILLMORE)
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 170 WALDEN and find that as to form is correct. I have caused an investigation into the premises for which said application for a
used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I
find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
MORTADA HIZAM.The attached thereto for MORTADA HIZAM/dba/MID CITY AUTO INC.This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO.2258
APPLICATION FOR RESTRICTED USE PERMIT-69 W.CHIPPEWA 11/19/15
CITY OF BUFFALO
OFFICE OF THE CITY CLERK
APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT
TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE
ALCOHOL IS SERVED
Pursuant to§511-68.6 of the Code of the City of Buffalo,the undersigned hereby makes application to the Common Council of the City of Buffalo for
a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged
21 and over
NAME OF APPLICANT Bottoms Up VLLC
BUSINESS ADDRESS 69 W.Chippewa St. Buffalo
NAME OF EVENT Fall Festival
DATE OF ONE-TIME EVENT 11/19/15
NUMBER OF PEOPLE 100-150
START AND END TIME START 10:30 am END 2:30 pm
Mr. Rivera moved:
That the above item be,and the above communication from the Office of the City Clerk of Buffalo be received and filed;and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on November 19,2015,is hereby denied.
DENIED
NO.2259
APPLICATION FOR RESTRICTED USE PERMIT
69 WEST CHIPPEWA 11/19/2015
APPLICATION FOR RESTRICTED USE PERIT
DOWNTOWN ENTERTAINMENT REVIEW DISTRICT
TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE
ALCOHOL IS SERVED
Pursuant to§511-68.6 of the Code of the City of Buffalo,the undersigned hereby makes application to the Common Council of the City of Buffalo for
a permit to hold an event which will permit entry or.continued presence of patrons under the age of 2!while alcohol is being served to patrons aged
21 and over.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of the City Clerk of Buffalo be received and filed;and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on December 3,2015,is hereby approved.
PASSED
AYES—8 NOES—0
NO.2260
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
291 Ellicott St Deep South Taco Taco Cocina Ellicott LLC
494 Franklin St aka 59 Allen Giacobbi's Jacobi Enterprises—Inc
492 Elmwood Thin Man DBA Elmwood Avenue LLC
987 Niagara Street Boomerangs 5&1 i0
Bar&Grill J T Murphy Inc
987 Niagara N/A Boomerangs Grill LLC
RECEIVED AND FILED
NO.2261
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me,reporting the granting of the leaves of absence without pay,in the various departments as
x Police-Tania Natos
RECEIVED AND FILED.
NO.2262
NOTICES OF APPOINTMENTS-COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Rivera moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment effective 10/28/2015 in the Department of Common Council, Division of Fillmore Council District to the Position of Intern IX at the flat
salary of$12.85/hr
Shontae Charday Cannon-Buckley,438 Massachusetts Ave, Buffalo, NY 14213
NO.2263
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 10/26/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II,Seasonal
at the Flat salary of$12.85/hr
Sharron Shipman,41 Howard St, Buffalo, NY 14206
CERTIFICATE OF APPOINTMENT
Appointment effective 11/02/2015 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer II,
Seasonal at the Flat salary of$12.85/hr
Tonitet McDowell,582 Northland, Buffalo, NY 14211
Damien Jemison,85 Greeley St, Buffalo, NY 14207
NO.2264
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 10/14/2015 in the Department of Fire, Division of Fire to the position of Motor Equipment Mechanic, Permanent at the
minimum Salary of$23908.00
Craig Pikornowski, 121 Welmer, Buffalo, NY 14206
CERTIFICATE OF APPOINTMENT
Appointment effective 11/09/2015 in the Department of MIS to the position of Sr. Data Processing Equipment Operator, Permanent at the minimum
Salary of$40,675.00
Kimberly Smiley,817 Humboldt Pkwy, Buffalo, NY 14208
CERTIFICATE OF APPOINTMENT
Appointment effective 10/28/2015 in the Department of Police, Division of Administration&Communication to the Position of Civillian School
Crossing Guard, Permanent at the first step of$11.22
Linda M.Grant,371 Warwick, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective 10/26/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Maintenance
Assistant, Provisional at the Minimum Salary of$33,389.00
Lairon Graham,70 W. Parade, Buffalo, NY 14208
CERTIFICATE OF APPOINTMENT
Appointment effective 10/26/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Truck Driver,
Provisional at the Minimum Salary of$24,000.00
James Smith, 158 Oakmont Ave, Buffalo, NY 14215
Appointment effective 10/29/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Truck Driver,
Temporary at the Minimum Salary of$24,000.00
Jayson Wagstaff,210 Hazelwood, Buffalo, NY 14215
NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO.2265
C.AUERBACH-RESPONSE TO CONCERNS FOR 400 KENMORE
Item available for review in the City Clerk's Office
RECEIVED AND FILED
NO.2266
R.FONTANA-CONCERNS REGARDING BANK CEO SEVERANCE
Dear Senator Schumer,
We share a common goal in ensuring the consumer protections of people in Western New York.With that in mind, I am writing to express my
concern with the merger between KeyCorp and First Niagara Financial Group(FNFG).While this deal may be good for the companies involved, I
worry about the effect it will have on Buffalo. I also worry that the severance packages offered to the executives of FNFG send the wrong messages
to subordinate employees---exacerbating their fears and uncertainty about this deal.
The two institutions employ over 3,300 people,many of whom work in Upstate New York locations of overlapping service.While this will almost
certainly mean unemployment for many,the FNFG leadership will clear nearly$28 million in severance amongst themselves. Executive Vice
President Joseph Saffire could end up with$2.9 million after only having joined FNFG less than a year ago.What will happen to the branch
managers,loan counselors,and tellers?What will happen to the region,currently experiencing an impressive and yet still fragile resurgence,when
hundreds suddenly have no income?
If this merger is going to produce a leading bank in WNY,then it should be incumbent upon them to be leaders.They could demonstrate such
leadership and corporate responsibility best by helping the people who have contributed to their success;they can look out for the common person.
Although it is not the spirit of their business to be concerned about the welfare of the public,it is ours.While I understand that the Senate does not
have an official capacity to regulate this deal, I applaud you for raising the issue and doing what you can.With this open letter, I would like to make
known my support for your efforts while offering my assistance. If there is anything that I can do,then do not hesitate to call on my office.
REFERRED TO THE COMMITTEE ON FINANCE.
NO.2267
R.FONTANA-ARTICLE COMMUNITY BROADBAND CREATES PUBLIC SAVINGS
School s,libraries,and other community anchor institutions have an acute need for high capacity telecommunications connections,but the cost of
leasing these networks can break their budgets And budgets are under pressure to shrink while their demand for networks increases.
Local governments that have built their own networks are seeing tremendous savings and better reliability. By owning the network,local governments
have greater certainty over future costs because they determine the upgrade cycle.
We have highlighted cost savings for this fact sheet,but the benefits of public ownership go far beyond budgets.Owning the network allows the
community to take advantage of technological innovations on its own time table,not one set by a distant corporation.
A 2012 report from the State
Educational Technology Directors Association recommends 1 Gbps connections between school district facilities by 2014-15 and 10 Gbps by 2017-
18.Many of the communities profiled'below have found cost-effective ways to deliver these connections.
When Comcast proposed increasing Martin County's price for dark fiber by over 800%over five years,the County built its own network. Now it has
a more reliable network at lower costs and no more fear of rate hikes. Projected savings are$30 million over 20 years for the whole county.
After its initial capital investment in the fiber asset is paid off in 2017,the Martin County School District will save over$340,000 a year. It will pay just
over$6,000 per year for a gigebit connection to 26 locations,a rock bottom rate.
Chanute, Kansas
Schools pay just$25 a month per site for a gigabit wide area network,allowing them to collapse IT costs and share common expenses.These
connections run thousands of dollars per location in other cities. Neosho County Community College also pays$250/month per site to connect its
facilities with a gigabit wide area network And by using the municipal network to access the internet,it saves$19,200 each year compared to AT&
T prices for a similar,but inferior connection.
REFERRED TO THE COMMITTEE ON FINANCE.
NO.2268
M.GALLIVANT-NOT SUPPORTIVE OF MOVING CONCERTS AT CANALSIDE
My name is Marilyn Gallivan; I'm a resident of Marine Drive. (I should mention, I don't think the"S. Gallivan"who spoke with Mr. Golombek is a
relative.)
I THINK IT'S A GOOD THING THAT MR. FRANCZYK HEARD THE OPINIONS OF RESIDENTS,WHEN HE WAS AT MARINE DRIVE.
-1 THINK BOTH HE AND I KNOW,THERE ARE RESIDENTS WITH LEGITIMATE CONCERNS,AND THERE ARE THOSE WHO COMPLAIN
ABOUT UEVERYTHING"-
I THINK THE POLICE COVERAGEOF EVENTS,JS VERY GOOD. I SHOW MY PARRING PERMIT; THE OFFICERS ARE POLITE; I'VE
NEVER HAD A PROBLEM.
I THINK IT'S IMPORTANT TO REALLY MAKE RESIDENTS AWARE OF THE DATES AND TIMES OF EVENTS;
i.e.so we can try not to invite family and friends to
visit on the nights of concerts;
i.e.so we can schedule our activities(going out,
coming home)on the days when there are runs.(MAY I MENTION,MOST OF THE RUNS/WALKS ARE FUND RAISERS FOR VERY GOOD
CAUSES,AND SHOULD BE SUPPORTED-NOT CRITICIZED.)
I THINK THE "NOISE" CAN BE PROBLEMATIC. I LIVE ON THE 11`h FLOOR AND, SOMETIMES, IT SOUNDS AS IF THEY'RE PLAYING IN
MY LIVINGROOM.
(I admit to asking myself if the sound would be a problem if it was"Barry Manilow"-but even my children don't think this would be a good idea.)
- THE GOOD POINTS ARE THAT THE CONCERTS ONLY LAST THREE OR FOUR HOURS, AND THEY ARE VERY DILIGENT ABOUT
STOPPING AT THE CURFEW.
I SUPPORT THE SUGGESTION OF MOVING THE STAGE;
i.e.the years in which the bandstand faced away from
the apartments,the noise was not so bad.
I DON'T SUPPORT MOVING THE CONCERTS TO ANOTHER LOCATION;
-Erie Canal Harbor Development Corporation,with support from Mayor Brown and Congressman Higgins,put a lot of thought,imagination and effort
into making the Buffalo waterfront an exciting place to be.
I THINK—SHOULD BE PROUD OF THAT AND SUPPORT THAT.
RECEIVED AND FILED
NO.2269
NYSDEC-SUPERFUND REMEDIATION PROGRAM 1337 SOUTH PARK AVE
Notice of Differences in Record of Decision
The public is invited to review the Explanation of Significant Difference(ESD)for the Buffalo Color Corporation Area D Site("site"). The ESD and
documents related to the cleanup of this site can be found at the locations identified below under"Where to Find Information."Although this is nota
request for comments, interested persons are invited to contact DEC's Project Manager for this site to obtain more information or have questions
answered.
INTRODUCTION
This notice is to inform you of a change in the plan,or remedy,to clean up the Buffalo Color Corp.Area D site located at 1337 South Park Avenue,
Buffalo, NY.As shown in Figure 1,the 19 acre site occupies an entire peninsula situated along the upper industrial reach of the Buffalo River.The
change contains that part of the grossly contaminated material (GCM) outside the vertical hydraulic barrier wall and along the riverbank. In
November 1991, New York State Department of Environmental Conservation(DEC)issued a Record of Decision(ROD)which selected a remedy to
clean up the Site.The selected remedy consisted of the following:
• Containment of waste by a clay barrier wall and engineered cap system;
• Extraction and treatment of contaminated groundwater;
• Removal of near shore contaminated sediments from the Buffalo River;and
• Protection of the river bank from erosion.
Remedial construction work was initiated in 1997 and was completed in 1998,with the exception of a discrete area of grossly contaminated material
(GCM)which remains within the river bank of the Buffalo River(see Figure 2). Final riverbank habitat enhancements were completed in 1999.
The purpose of the ESD is to describe how the remedial approach originally presented in the ROD has been modified to address a change in the
selected remedy. The ESD modifies the ROD selected remedy to allow for the permanent containment of the GCM outside the limits of the
perimeter vertical hydraulic barrier wall and along the riverbank.The ESD will also become part of the Administrative Record for this Site.
WHERE TO FIND INFORMATION
The information here is a summary of what can be found in greater detail in documents that have been placed in the following repositories:
DESCRIPTION OF SIGNIFICANT DIFFERENCE
The change is due to an unexpected discovery along the southwest section of river bank of a large amount of additional waste material made up of
fill and grossly contaminated material(GCM).This fill and contamination are typical throughout the site.
Background:
A majority of this GCM along the riverbank was removed and a planned riverbank habitat enhancement was abandoned. However, due to the
technical difficulties of bracing the recently constructed barrier wall with soil composed of clay necessary to excavate all GCM outside of the
containment limits of the vertical hydraulic barrier wall,a section of GCM along the river bank was only partially removed.Approximately 4,000 cubic
yards of GCM was left in-place submerged in the river along the riverbank.The submerged GCM was covered with a geosynthetic fabric and a sand
layer for waste isolation, and a riprap layer for erosion protection. The covered GCM and cover system is situated within the legal property limits of
the Site. Remedial construction work, including covering of the remaining GCM outside the limits of the perimeter slurry wall,was initiated in 1997
and was completed in 1998. Final riverbank habitat enhancements were completed in 1999.
RECEIVED AND FILED
NO.2270
S.RADFORD-ENERGY EFFICIENCY ORDINANCE
The formal mission of the CAO is to promote opportunities for low income individuals, families and communities to achieve and sustain self-
sufficiency through advocacy,partnerships,access to services and low-to-moderate income housing development.
To achieve our mission,the CAO,in the short term,will address the most pressing and Immediate needs of the poor and the low income residents
of Erie County. In the long term,the CAO will engage,convene,mobilize and utilize practices,programs and available resources that demonstrate
the ability to build financial,educational,health,safety,and positive social capital in our communities.
Dear Buffalo Common Council,
Attached is a Case Study for the Process of adopting and Energy Efficiency Ordinance. We are requesting the Council Consider such an
Ordinance for the City of Buffalo.
We have data that we would like to share with the Council if this is referred to Committee.
Please Advise.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.2271
C.STECK-CONCERNS RE:CITYWIDE BROADBAND NETWORK
Dear Mr.Chwalinski:
Thank you for the opportunity to provide input on the City of Buffalo Common Council Resolution to retain a consultant to make recommendations on
installing a Citywide Broadband Municipal Internet Network. The Board of Westminster Community Charter School (WCCS) fully supports the
Common Council's efforts to develop high speed internet infrastructure for businesses and residents of Buffalo, NY.
Access to high speed internet for all WCCS students at a more affordable cost is of critical importance for our school where 89%of the students
are eligible for the free or reduced lunch program.The ability to use the internet at home can have a profound impact on student academic success
and provide access to resources not otherwise available to the student outside of school.
In addition,this will provide a valuable link between parents and the school. Parents will have access to the school website and parent portal as well
as being able to communicate with teachers via a-mall.All of this will assist parents in providing essential academic support to their children.
We recognize that this will also have a positive impact for our students and their families beyond academics.A municipal network will encourage
competition, increase consumer choice, drive local economic development and improve public safety. Today the internet is essential to obtaining
information about health resources,job opportunities,gaining new career skills,and government programs.
We urge the Common Council to approve this first step in making high speed internet access available to all city residents and businesses and we
look forward to the results of this study.
Sincerely,
Carol Steck
Board Secretary
On behalf of the Board of Trustees
Westminster Community Charter School
RECEIVED AND FILED
PETITIONS
NO.2272
H.PALACIOS,AGENT,USE 1516 NIAGARA TO RE-ESTABLISH TERMINATED RESTRICTED USE OF A SIT IN RESTAURANT IN THE
NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT(NIA)(HRG 11/17)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING
REGULAR COMMITTEES
CLAIMS
(JOEL P.FEROLETO,CHAIRMAN)
NO.2273
PERSONAL INJURYA-1 TO A5
Mr. Feroleto moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That upon the recommendation of the Corporation Counsel,the following actions for personal injury arising out of alleged negligence on the part of
the City of Buffalo,be compromised and settled:
Personal Indy Claims
A. I. Martin,Tartha $12,000.00
A. 2. Peters,Charles o/b/o the Estate of DeJac, Lynn $735,000.00
A. 3. Pitts, Bobby $5,000.00
A. 4. Rodriguez, Erik p/n/g Figueroa, Elyssa $7,500.00
A 5. Spear, Laura $350,000.00
That checks be drawn on the account of Org 17221008(480205)Judgment and Claims Prior Years, or(480204)Current Fiscal Year, payable to
the respective claimants herein above named,upon execution and delivery to the Corporation Counsel of proper release and closing papers.
PASSED
AYES-8 NOES-0
NO.2274
PROPERTY DAMAGE B-1 TO B-3
Mr. Feroleto moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That upon the recommendation of the Corporation Counsel,the following actions for property damage arising out of alleged negligence on the part of
the City of Buffalo,be compromised and settled:
Property-Damage
B. 1. Elbanna,Mohammed $ 9,000.00
B. 2. Renkas, Daniel $ 738.06
B. 3. Robert Strianese,Sr. $ 453.00
That checks be drawn on the account of Org 17221008(480205)Judgment and Claims Prior Years, or(480204)Current Fiscal Year, payable to
the respective claimants herein above named,upon execution and delivery to the Corporation Counsel of proper release and closing papers.
PASSED
AYES-17 NOES-0
NO.2275
PRIOR YEAR FISCAL INVOICE C-1 TO C-26
Mr. Feroleto moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That upon the recommendation of the Corporation Counsel,the following actions for prior fiscal year,be compromised and settled:
Prior Fiscal Year Invoices
C. 1. ACR of WNY $ 1,076.00
C. 2. Air Cleaning Systems, Inc. $ 997.50
C. 3. Airgas USA, LLC $ 189.07
C. 4. Avalon Document Services $ 1,688.46
C. 5. Douglas J. Bantle $ 2,919.16
C. 6. Ber-National Automation, Inc. $ 5,280.00
C. 7. Buffalo Truck Center, Inc. $ 6,455.37
C. 8. Cappellino Chevrolet $ 536.52
C. 9. Cappellino Chevrolet $ 400.00
C. 10. Collucci&Gallaher, P.C. $ 922.50
C. 11. D.F. Bailey, Inc.,Court Reporters $ 540.00
C. 12. Deborah Delelys $ 1,404.00
C. 13. Vera Dujovic $ 604.00
C. 14. D4, LLC $ 217.12
C. 15. Inquiries, Inc. $ 203,086.12
C. 16. International Institute of Buffalo $ 100.00
C. 17. Ladder Tower Co. $ 11,034.25
C. 18. McClelland Small Animal Hospital $ 355.50
C. 19. Michael S. Lewaudowski $ 12,243.55
C. 20. New York State Fence, Inc. $ 7,354.04
C. 21. Orkin Pest Control $ 161.25
C. 22. POMCO $ 57.00
C. 23. Printed Image $ 9,368.00
C. 24. Jeffrey M.Selchick, Esq. $ 4,436.54
C. 25. State of New York Public Employment Relations Board $ 800.00
C. 26. Trueheart Speaks Enterprises $ 1,250.00
That checks be drawn on the account of Org 17221008(480205)Judgment and Claims Prior Years, or(480204)Current Fiscal Year, payable to
the respective claimants herein above named,upon execution and delivery to the Corporation Counsel of proper release and closing papers.
PASSED
AYES-8-NOES-0
NO.2276
MISCELLANEOUS INVOICE D-1 TO D-5
Mr. Feroleto moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That upon the recommendation of the Corporation Counsel,the following actions for miscellaneous arising out of alleged negligence on the part of
the City of Buffalo,be compromised and settled:
Miscellaneous
D. 1. Boyd, Lalita D'Antoinette $ 299.06
D. 2. Carrol,Steven $ 2.00
D. 3. Copart, Inc. $ 90.00
D. 4. GAM Trucking Corp- $ 10,561.25
D. 5. Scott Hayden $2,000.00
That checks be drawn on the account of Org 17221008(480205)Judgment and Claims Prior Years, or(480204)Current Fiscal Year, payable to
the respective claimants herein above named,upon execution and delivery to the Corporation Counsel of proper release and closing
papers.
PASSED
AYES-8 NOES-0
NO.2277
FOR DISCUSSION E-1
Mr. Feroleto moved:
That the above item be,and the same hereby is returned to the Common Council with a recommendation for approval;
That upon the recommendation of the Corporation Counsel, the following actions for discussion arising out of alleged negligence on the part of the
City of Buffalo,be compromised and settled:
For Discussion
E. 1. Smith, Barbara $ 590.00
That checks be drawn on the account of Org 17221008(480205)Judgment and Claims Prior Years, or(480204)Current Fiscal Year, payable to
the respective claimants herein above named,upon execution and delivery to the Corporation Counsel of proper release and closing papers.
PASSED
AYES-8 NOES-0
I
CIVIL SERVICE
(RASHEED N.C.WYATT,CHAIRPERSON)
NO.2278
APPOINT ADMINISTRATIVE SECRETARY(PERM)(INTER)(WEBBER)STRAT PLAN)
(CCP#15-2143,10/27)
Mr.Wyatt moved:
That Communication 2143 of Oct 27,2015,be received and filed and that the Permanent Appointment of Angela Webber,624 Eggert Road,
Buffalo, NY 14215 at the Intermediate step of$42,101.00 is hereby approved
PASSED
AYES-8 NOES—0
NO.2279
APPOINT COMPUTER PROGRAMMER(CONT PERM)(INTER)(LUCAS)(MIS)
(CCP#15-2145,10/27)
Mr.Wyatt moved:
That Communication 2145 of Oct 27,2015,be received and filed and that the Contingent Permanent Appointment of Corrina Lucas,69 Briggs
Avenue, Buffalo, NY 14207 at the Intermediate step of$52,566.00 is hereby approved
PASSED
AYES-8 NOES—0
NO.2280
APPOINT SR DATA PROCESSING EQUIP OPERATOR(PERM)(MAX)(FREIDY-LEWIS)(MIS)(CCP#15-2146.10/27)
Mr.Wyatt moved:
That Communication 2146 of Oct 27,2015,be received and filed and that the Contingent Permanent Appointment of Sandra Freiday Lewis,64
Fuller Street, Buffalo, NY 14207 at the Intermediate step of$46,434.00 is hereby approved
PASSED
AYES-9 NOES-0
NO.2281
APPOINT BATTALION CHIEF(LOTOCKI)(FIRE)
(CCP#15-2159,10/27)
Mr.Wyatt moved:
That Communication 2159 of October 27,2015,be received and filed and that the Permanent appointment of Peter Lotocki,3452 Heatherwood Dr,
Hamburg 14075t0 the Permanent Position of Battalion Chief at the Salary of$87,303.00 is hereby approved.
PASSED
AYES-8 NOES-0
NO.2282
NOTICES OF APPOINTMENT-TEMP/PROV/PERM
(CCP#15-2167,10/27)
Mr.Wyatt moved:
That the above item be the same and hereby is Received and Budget&Personnel Amendment-Fire
ADOPTED
NO.2283
BUDGET&PERSONNEL AMENDMENT-FIRE
(CCP#14-2578,12/23)
Mr.Wyatt moved:
That Communication 2578 of Dec 23,2014,be received and filed and that the Budget&Personnel Amendment for the Department of
Fire is hereby approved.
PASSED
AYES-8, NOES—0
FINANCE
(RICHARD A.FONTANA CHAIRMAN)
NO.2284
REPORT ON CDBG FUNDS AS OF 03/31/2014(COMPT)
(CCP#14/876,04/29)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.2285
C.SCAN LON-CONC E RNS RURAL METRO
(CCP#14/809,04/15)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO.2286
PERMISSION TO PURCHASE RESPONSE VEHICLES(FIRE)
(ITEM NO.2158,C.C.P.,OCT.27,2015)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase two(2)24/7 response
vehicles for the Buffalo Fire Department. Funds are available in Account#12136007 474200.
That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to auction/scrap the following vehicles as
they are in poor condition and are no longer cost effective as response vehicles:
F-443-2001 Chevy Tahoe
• P-517F-2005 Ford Crown Victoria
PASSED
AYES—Feroleto, Franczyk,Golombek, Rivera,Scanlon,Wingo,Wyatt-7
NOES—Fontana-1
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK,JR.,CHAIRMAN)
NO.2287
S.HODALA-CONCERNS RE THE GREEN CODE
(15-1556,JULY 21)(#14-2473,DEC 9)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2288
S.HODALA-CONCERNS GREEN CODE
(15-1558,JULY 21)(#14-1987,SEPT 30)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2289
D.SMITH-LAMAR ADV-CONCERNS GREEN CODE IN REGARDS TO BILLBOARD
(15-1559,JULY 21)(#14-1485,JULY 8)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2290
J.BURNEY-COMMENTS BFLO GREEN CODE
(12-97,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2291
M.PELLEGRINO FAIX-COMMENTS ON BFLO GREEN CODE
(12-98,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2292
T.CODY-RESPONSE GREEN CODE-BROWNFIELDS
(12-101,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2293
T.DEARING-RESPONSE BFLO CONSOLIDATED DEV FRAMEWORK
(12-102,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2294
L.DETINE-COMMENTS DRAFT GENERAL ENVIRONMENTAL IMPACT STATEMENT
(12-103,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2295
A.GIACALONE-COMMENTS BFLO CONSOL DEV FRAMEWORK
(12-104,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2296
M.HOLDEN-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-105,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2297
R.HOLDEN-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-106,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2298
L.MARTINA-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-107.SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2299
A.MECCA-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-108,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2300
K: MECCA-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-109,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2301
J.MESSINA-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-110,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2302
J.MESSINA&O-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-111,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2303
E.MORI-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-112,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
NO.2304
C.PERLA-RESPONSE BFLO GREEN CODE-BROWNFIELDS
(12-113,SEPT 4)
Mr.Golombek moved that the above item is hereby referred to the Committee on Legislation.
Mr.Golombek now moves that the above item is hereby Received and Filed.
ADOPTED
LEGISLATION
(CHRISTOPHER P.SCANLON,CHAIRMAN)
NO.2305
E.PRATCHER,OWNER,TO USE 2235 GENESEE TO RE-ESTABLISH USE OF A TAKE-OUT
RESTAURANT/FOOD STORE IN THE GENESEE SPECIAL ZONING DISTRICT(LOV)(DPIS)
(ITEM NO,2179,C.C.P.,OCT.27,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Common Council hereby approves the application of E. Pratcher,Owner,to reestablish the use of a take-out restaurant/food
store and repair/replace finishes as needed,located at 2235 Genesee,in the Genesee Special Zoning District with the following
conditions:
No Sale of Beer Tobacco Blunt's Wraps or cigarettes
No Sale of glass pens and any drug related use items
PASSED
AYES-8, NOES-0
NO.2306
J.INCAO.OWNER.TO USE 500 MAIN TO PLACE AN AWNING SIGN
IN THE SIGN OVERLAY DISTRICT(ELL)(DPIS)
(ITEM NO.2180,C.C.P.,OCT.27,2015)
Mr.Scanlon moved:
That the above item be,and the same is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of J. Incao,Owner,to place an awning sign to read"Furnishings",located at
500 Main Street.
PASSED
AYES-8 NOES—0
NO.2307
M.KOHLER,AGENT,TO USE 357 DELAWARE TO REPLACE A CANVAS AWNING WITH SIGNAGE(FILL)(DPIS)
(ITEM NO.2181,C.C.P.,OCT.27,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of M. Kohler,Agent,to place canvas awning,with signage,on an existing
framework at Delaware Avenue,and to add new awning frame and canvas,with signage,at West Tupper,at a four-story masonry
commercial building,located at 357 Delaware Avenue,upon the following conditions:
PASSED
AYES-8 NOES—0
NO.2308
J.KAMINSKI,AGENT,TO REZONE 429 PLYMOUTH AND 378 NORMAL FROM A R2
TO A C2 TO CREATE A MIXED USED HUB WITH AFFORDABLE HOUSING FOR
SENIORS AND COMMERCIAL AND COMMUNITY FACILITY SPACES(NIA)
(ITEM NO.2060,C.C.P.,OCT.13,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of J. Kaminsky,Agent,to rezone 429 Plymouth and 378 Normal from an R2
to a C3 to create a mixed use hub with affordable housing for seniors and commercial and community facility spaces.
PASSED
AYES-8 NOES—0
NO.2309
D.DENISON-CONCERNS 728 LINWOOD AVE(ELL)(C.C.P.#15-1730,SEPT 1)(#15-845,4/28)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.2310
S.HODALA&O OPPOSE BLDG.AT 728 LINWOOD AVE(ELL)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.2311
D.PRIDGEN-P.MCQUILLEN-REQUEST SUPPORT STRONG OPPOSITION TO ANY FEDERAL LEGISLATION THAT WOULD PREEMPT
NYS LAW RE CARRYING OF CONCEALED FIREARMS BY CIVILIAN NON-RESIDENTS(C.C.P.#15-964,MAY 12)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
RESOLUTIONS
NO.2312
BY COUNCIL MEMBER JOEL P.FEROLETO:
REQUEST PERMISSION TO HANG HOLIDAY LIGHTS ON HERTEL AVENUE
Whereas,banners,flags and lights are indicative of the strong organizational presence in our
neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the neighborhood;and
Whereas, Hertel Holidays is an annual family tradition that delights all of the senses with
storefront twinkling light displays and unique shopping and dining experiences. This tradition also showcases boutiques, antique shops and art
galleries that are sure to add enjoyment to your holiday season;and
Whereas,the Hertel Business Association is requesting permission to hang holiday lights on Hertel Avenue between
Delaware Avenue and Parkside. Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
Does hereby grant permission to the Hertel Business Association to hang Holiday
Lights located on Hertel Avenue between Delaware Avenue and Parkside,and that copies of this resolution be forwarded to the Department of
Public Works.
PASSED
AYES—8 NOES—0
NO.2313
BY COUNCIL MEMBER JOEL P.FEROLETO
DISCHARGE COMMUNITY DEVELOPMENT FROM CONSIDERATION OF THE FOLLOWING ITEM:
"REPORT OF SALE-24-2946 COM SEPT 30 REPORT OF SALE 2351 DELAWARE(DEL)
The above item is currently in the Community Development Committee;and It is no longer necessary for this item to be considered by that
committee;
Now,Therefore Be It Resolved:
That this Common Council does hereby discharge the Community Development Committee from further consideration of Item,C.C.P.September
30,2014,"Report of Sale-2351 Delaware Avenue"and said item is now before the Common Council for its consideration.
ADOPT DISCHARGE, RECEIVED AND FILED
NO.2314
BY COUNCIL MEMBER JOEL P.FEROLETO
REQUEST PARKING FEES WAIVED FOR ELMWOOD VILLAGE TROLLEY SERVICE
Whereas located in the heart of the City, the Elmwood Village area is a major hub for community involvement; the Elmwood strip boasts trendy
shops,eateries and boutiques filled with tourists and residents who enjoy its unique urban character;and
Whereas during the four Saturdays between Thanksgiving and Christmas, a free trolley service will be available for patrons to enjoy all that
Elmwood has to offer.The trolley will pick up at the Gallagher parking ramp located at 499 Elmwood Avenue between West Utica and Hodge from
12 pm on and patrons will receive a voucher for free parking. Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
request that all parking fees be waived for individuals utilizing the trolley service at the Gallagher parking ramp on the dates of November 28th,
December 5`h December 12F1'and December 19`h 2015;and
Be It Further Resolved:
that copies of this Resolution be forwarded to Parking Commissioner Kevin
Heifer,and to Commissioner Daniel Derenda of the Buffalo Police Department.
PASSED
AYES—8 NOES—0
NO.2315
BY COUNCIL MEMBER FONTANA
REQUEST FOR DATA ON STUDENT TRUANCY
Whereas preparing every Buffalo student with a quality education that will ensure graduation from high school and preparation for the future is
integral to the continued revitalization of our community;
Whereas high levels of truancy have negative impacts on student academic performance and jeopardize our children's opportunity to participate in
a prosperous future;
Whereas improvements in student attendance rates has a correlation to improvements in student academic prospects and chances for graduating;
Whereas attendance can improve when schools,students,parents,and leaders of the community engage students in positive ways;and
Whereas as community leaders and stakeholders, Council Members should have the tools necessary to target and positively engage at-risk
students in their districts: Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
1) Requests BPS Attendance Office to send a confidential report identifying all students who have 18 or more days of unexcused absences
from the 2014-2015 school year to the nine Common Council District offices;
2)Encourages Council Members to use this sensitive data to target neighborhoods for positive reinforcement of attendance policies;and
3)Directs Council Staff to forward copies of this resolution to BPS Attendance Office,and the Buffalo Schools Superintendent.
ADOPTED
NO.2316
BY COUNCIL MEMBER FONTANA SUBMITTED THE FOLLOWING RESOLUTION:
IN SUPPORT OF NEXT CENTURY CITIES PROJECT
Whereas, the Next Century Cities Project supports community leaders across the country as
they seek to ensure that all have access to fast,affordable and reliable internet,
Whereas,across the country,innovative municipalities are recognizing the importance Of
gigabit level internet availability to attract new businesses and create jobs,improve health care and education and connect residents to new
opportunities;
Whereas, Next Century Cities behaves that there is no single pathway to a smart,effective
approach to next-generation broadband and what matters is meaningful choice,dedicated leadership and smart collaborations;
Whereas the Principles of Next Century Cities are:
High speed internet is necessary infrastructure:fast,reliable and
affordable internet-at globally competitive speeds-is no longer optional
Residents,schools,libraries and businesses require next-generation
connectivity to succeed.
•The internet is non-partisan:because the internet is an essential resource
for residents and businesses in all communities,the provision of fast,
reliable and affordable internet transcends partisanship. This
collaboration welcomes leaders of all affiliations and beliefs,who believe
fast,reliable and affordable high-speed internet access is essential to secure
America's internet future.
•Communities must enjoy self-determination:broadband solutions must
align with community needs - there is no perfect model that is universally appropriate. Towns and cities should have the right' to consider all
options-whether public,non-profit,and corporate or some other hybrid-free from interference.
•High-speed internet is a community-wide endeavor:building effective
next-generation networks requires cooperation across communities. It is
critical to involve and include organizations,residents,anchor institutions
and others. Everyone in a community should be able to access the
internet on reasonable terms.
Meaningful competition drives progress:a vibrant,diverse marketplace
with transparency in offering pricing and policies will spur innovation,
increase investment and lower prices.Communities,residents and businesses should have a meaningful choice in providers.
Collaboration benefits all innovation approaches to broadband deployment present diverse challenges and opportunities to communities and
regions.Working together,cities can learn from the experiences of others,lower costs and make the est use of next-generation networks.
Whereas,the Buffalo Common Council has been active in the research and development of
municipal wireless internet,allowing for faster,more affordable internet for everyone in the City of Buffalo;
Resolved that The City of Buffalo Common Council--
1)Agrees to support the principals of the Next Generation Cities Project;
2)Calls on the Office of Strategic Planning,the Office of
Telecommunications to review and incorporate the principals of the Next Generation Cities Project and apply them in the City of Buffalo's plan to
bring fast,affordable internet to our city;
3)that the City Clerk forward copies of this resolution to the Office of
Strategic Planning, the Office of Telecommunications, Mayor Byron Brown, the Federal Communications Commission, Time Warner Cable and
the Western New York delegation of the Erie County Legislature for their response.
ADOPTED
NO.2317
BY:MR.FONTANA
TRANSFER OF FUNDS GENERAL CITY PLANNING
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation
in be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning$94,500
To-"
332220006-445500 Library Conceptual Design $46,000
33223006-445500 Allendale Theater $48,500
PASSED
AYES—8 NOES—0
NO.2318
BY:COUNCILMEMBER DARIUS G.PRIDGEN
APPROVAL OF THE ABANDONMENT AND SALE AND THE REPORT OF SALE OF ST.PAUL MALL NORTH STREET(APPORX.17,605
SQ.FT.)AND ST.PAUL MALL SOUTH STREET(APPROX.22,363 SQ.FT.)AND THE REPORT OF SALE OF 13,15,48&50 ST.PAUL
AND 938 ELLICOTT TO 1238 GROUP,LLC
Whereas The City of Buffalo,Office of Strategic Planning, Division of Real Estate has recommended that the Common Council approve the
abandonment and sale of St. Paul Mall North Street and St. Paul Mall South Street along with the sale of 13, 15,48&50 St. Paul and 938 Ellicott
to 1238 Group, LLC("Developer")and/or a corporation,partnership,or other legal entity to be designated by Developer and approved by the Office
of Strategic Planning and
Whereas William Paladino on behalf of 1238 Group, LLC commissioned Mr.Gregory Klauk,Appraiser,and he has estimated the fair market value
of St. Paul Mall North Street(approx. 17,605 sq.ft.)to be$423,000,St. Paul Mall South Street(approx.22,363 sq.ft.)to be$537,000 and 13&15
St. Paul to be$83,325 and 48&50 St Paul along with 938 Ellicott to be$267,000,for a total of$1,310,325.00.The City of Buffalo Appraisal
Review Board has reviewed the appraisal and concurs with the Appraiser's estimates of values;and
Whereas The City Clerk has published a Notice of Public Hearing,as required by Chapter 21,Article 3,Section 29 of the General City Law.
NOW,THEREFORE, BE IT RESOLVED:
That after the public hearing is held and providing there are no significant objections,that the City of Buffalo,Office of Strategic Planning, Division
of Real Estate,in accordance with Article 27,Section 27-5 of the City Charter is authorized to
abandon and sell St. Paul Mall North Street(approx. 17,605 Sq.ft.)for$423,000,St. Paul Mall South Street(approx.22,363 sq.ft.)for$537,000,
13&15 St. Paul for$83,325 and 48&50 St. Paul and 938 Ellicott for$267,000 to 1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning in the total amount of$1,310,325.00.
The abandonment and sale and the report of sale is subject to the following conditions:
1.The Planning Board recommends and approves the abandonment and sale of St. Paul Mall North and St. Paul Mall South.
2. Providing there are no significant objections voiced or raised
at or from the public hearing,published and held by the Common Council,and further providing 1238 Group, LLC and/or a corporation,
partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning agrees to create,grant and
continuously preserve and/or protect the City of Buffalo's utility lines/facilities and any and all other utility lines/facilities or other persons/entities of
interests.Said agreements shall be determined in the sole discretion of the City of Buffalo's Corporation Counsel's Office.
3. 1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning shall submit said easements to the City of
Buffalo and any affected utility company and other affected or impacted persons/entities.The terms and conditions of the proposed easement
agreements shall be negotiated to finalization and subject to review and approval of the Department of Public Works,City of Buffalo Corporation
Counsel's Office and any utility company and other interested persons/entities that may be affected or impacted.;
4. 1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning agrees to address any right of way and/or utility
concerns or issues,if and when they should arise,to the satisfaction of the Department of Public Works and the City's Corporation Counsel
Office.;
5. 1238 Group, LLC and/or a corporation,partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning agrees to pay for all costs,if any deemed necessary,associated with any and all removal,relocation and/or decommissioning of
any utilities/facilities that should arise from this Project;
6.Should the Buffalo Fire Dept.require the hydrant and branch
piping that is located on St. Paul Mall North and South culde-sacks dead ending from Ellicott Street then 1238 Group, LLC and/or a corporation,
partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning agrees to grant the City
rights to reserve for easement and maintenance issues on those Streets as well as Old Best and St. Paul Place,as deemed necessary;
7.Should the Buffalo Fire Dept.determine the dead ended hydrant supplies be abandoned,then the Fire Dept.will require termination at the
connection in Ellicott Street and 1238 Group, LLC and/or a corporation,partnership,or other legal entity to be designated by 1238 Group, LLC and
approved by the Office of Strategic Planning agrees to pay for any and all cost and expenses associated with the termination;
8.The Buffalo Sewer Authority has indicated that it will be
necessary to transfer a single publicly owned receiver on St. Paul Mall South along with the properties to 1238 Group, LLC and/or a corporation,
partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning;
9. 1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning agrees to keep the Department of Public Works
apprised of the construction project and that the Department of Public Works monitors the progress of any right of way concerns or issues,if and
when they should arise;
10. 1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning agrees to sign a Release and Indemnity
Agreement releasing the City of Buffalo from any and all liability,said document to be in form and substance acceptable to the City in the City's
sole discretion,
11. 1238 Group, LLC and/or a corporation,partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the Office of
Strategic Planning further agrees to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office;
12.The official granting of the easements interests over,under
and near the public right of way being sold will generally not become effective until the deed reserving easements rights
and/or easements are filed in the Erie County Clerk's Office.
13.The official closing/abandonment of the right of way to be
sold will not become effective until the deed from the City conveying title to the right of way property is filed in the Erie County Clerk's Office.
14.1238 Group, LLC and/or a corporation,partnership,or other
legal entity to be designated by 1238 Group, LLC and approved by the Office of Strategic Planning has also agreed to pay for all costs associated
with the abandonment and sale and transfer of title including but not limited to title,survey(ALTA survey),title insurance,recordation fees,filing
fees,transfer tax(deed stamps),as well as for any and all other expenses related to the closing,transfer of title and any necessary easements.
This Honorable Body further hereby:
1.Authorizes the Mayor to execute all the necessary documents including but not limited to the deed in order to effectuate transfer of title of St.
Paul Mall North Street,St. Paul Mall South Street, 13, 15,48&50 St. Paul and 938 Ellicott described in Exhibit A(such deed to be in form and
substance acceptable to the Corporation Counsel's Office and to include standard indemnity and release as to all site and environmental
conditions)and;
2.Authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop,negotiate and process
the necessary document,easements,access agreements or any other agreements and/or modifications thereto as shall be reasonably necessary
to facilitate and implement the reserved easements with the sale properties(and easement interests near the
sale properties)for the benefit of the City(and for the benefit of the pertinent associated utilities and other persons/entities where appropriate)and
creating and or reserving and or acquiring such easements and access rights all as are determined to be appropriate by the City of Buffalo
Corporation Counsel's Office.
3.Authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to
achieve the purpose and objectives of the deed conveyance and easement agreements and arrangements,and
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.2319
BY:COUNCILMEMBER PRIDGEN
SET PUBLIC HEARING ABANDONMENT AND SALE RESULTS
OF NEGOTIATIONS ST.PAUL MALL NORTH(APPROX.17,605
SQ.FT.AND ST.PAUL MALL SOUTH(APPROX.22,363 SQ.FT.)
Whereas The City of Buffalo,Office of Strategic Planning, Division of Real Estate has received a request from Mr.William Paladino on behalf of
1238 Group, LLC("Developer")and/or a corporation,partnership,or other legal entity to be designated by 1238 Group, LLC and approved by the
Office of Strategic Planning to purchase St. Paul Mall North and St. Paul Mall South;and
Whereas 1238 Group, LLC commissioned Mr.Gregory Klauk,Appraiser,to estimate the fair market value of the properties.Said appraisals were
reviewed and approved by the City of Buffalo's Appraisal Review Board.As a result 1238 Group, LLC has agreed to pay$423,000 for St. Paul Mall
North and$537,000 for St. Paul Mall South for a total purchase price of$960,000 for both St. Paul Mall North&South;and
WHEREAS:The abandonment/sale and results of negotiations have-been
submitted to the Common Council for approval,in accordance with Article 27.5 of the City Charter,pending a Public Hearing;and
Whereas In accordance with standard abandonment procedures,it requires a five day notice of a public hearing to be marked"Notice of Hearing"
with reference to such change in the official map and shall be published at least once in an official publication of said city or in a newspaper of
general circulation therein.
NOW,THEREFORE, BE IT RESOLVED:
That the City Clerk is hereby directed to publish the notice attached hereto and marked"Notice of Hearing"in the Buffalo News, no later than the
18th day of November 2015;and.
Be it further resolved:
That this Common Council will conduct a Public Hearing on the matter stated in said"Notice of Hearing"at 2:00 P.M.in the Council Chambers on
the 24th of November 2015.
ADOPTED
NO.2320
BY: MR.RIVERA
COUNCIL PRESIDENT PRIDGEN EXCUSED FROM COUNCIL MEETING
RESOLVED:
That Council President Darius Pridgen,be and hereby is excused from attendance at the Common Council Meeting of November 10,2015.
ADOPTED.
NO.2321
BY COUNCIL MEMBER DAVID A.RIVERA
DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM:
CCP#15-299,02/17 REPORT OF SALE 396 BUSTI(ELL)(STRAT PLAN)
Whereas,the above item is currently in the Community Development Committee;and
Whereas,it is no longer necessary for this item to be considered by that committee;and
Now,Therefore Be It
Resolved that the City of Buffalo Common Council-
1)That this Common Council does hereby discharge the Community Development Committee from further consideration of Item Report ort of Sale
396 Busti(EII)(Strat Plan)and said item is now before the Common Council for its consideration;and
ADOPT DISCHARGE APPROVED
PASSED
AYES—8 NOES—0
NO.2322
BY DAVID A.RIVERA MAJORITY LEADER
SUPPORT FOR THE SAFE STAFFING FOR QUALITY CARE ACT
Whereas,in 2013,the Safe Staffing for Quality Care Act(Bill A6571/S3691A)was introduced to address the issue of inadequate staffing of
nurses at hospitals in New York State;and
Whereas,over the past 15 years,efforts to encourage hospitals to hire more nurses have proven unsuccessful,which calls for the need of
regulation to ensure the safety of NY nurses and patients;and
Whereas,the bill will create ratios for the number of patients that can be assigned to one nurse depending on the type of care the patient is
receiving;and
Whereas, high risk care like emergency trauma, operation room, and labor(in 2nd&3rd stages)would require a 1:1 ratio, and less intensive care
would require anywhere between 1:2-1:4 nurse to patient ratio;and
Whereas,currently staff shortages at Buffalo hospitals put heavy stress on nurses and force hospital administrators to transfer nurses to work in
specialties where they lack training;and
Whereas,according to the Journal of the American Medical Association,the odds of patient death increase 7%for each patient a nurse must take
on and that hospitals that have a 1:8 ratio experience 5 more deaths per 1,000 patients than hospitals with a 1:4 ratio;and
Whereas,concerns over the cost of increased staffing would be offset by lower turnover rates and lower rates of hospital-acquired illnesses.
Now,Therefore, Be It Resolved,this body supports the passage of the Safe Staffing for Quality Care Act during the 2016 NY State Legislative
session;and
Be It Further Resolved, this body applauds Assembly member Peoples-Stokes, Assembly member Ryan, Assembly member Kearns, Senator
Panepinto, and Senator Kennedy for sponsoring this legislation and urges our entire WNY delegation to prioritize this legislation for their 2016
agenda;and
Be It Finally Resolved,the City Clerk send a copy of this resolution to Governor Cuomo,Senate Majority Leader Flanagan,Assembly Speaker
Heastie,Senator Panepinto,Senator Kennedy,Assembly member Peoples-Stokes,Assembly member Ryan,and Assembly member Kearns.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.2323
BY: MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
03-EXECUTIVE
1518-INTERGOVERNMENTAL RELATIONS
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Code of the City of Buffalo,relating to 03-Executive, 1518-Intergovernmental Relations is hereby
amended to read:
1 Deputy Communication and Community Relations Coordinator $83,617
It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
BYRON W. BROWN,MAYOR AND DONNA J. ESTRICH,COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN
AFFAIRS,hereby certify that the above change is necessary for the proper conduct,administration and performance of essential services of that
department.We recommend that the compensation for said position be fixed at the respective amount set
"APPROVED AS"TO FORM
Corporation Counsel
PASSED
AYES—8 NOES-0
NO.2324
BY COUNCIL MEMBER WYATT
PROPOSED STUDY OF"PARTY BUS"REGULATIONS
Whereas,The City of Buffalo is experiencing serious issues with party bus/limousine
services,where buses either bring customers to an event at a specific location or simply drive around while the customers party;and
Whereas these"party buses" have become a nuisance for police and pose a potential danger to the occupants. Regulations should be in place to
allow the Department of Permits and Inspections to assist police with notification and approval of all party buses operating within The City of
Buffalo;and
Whereas,to ensure the safety of participants on"party buses,"The City must consider
issues that involve underage consumption of alcohol,maximum capacity levels,and itineraries available to police: Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
1)Directs the Law Department to research all City and NYS Laws and Regulations regarding party bus limousine services;
2) Directs the Law Department to work with the Department of Permits and Inspections to establish an application process to include
oversight and possible approval by the Buffalo Police Department for party bus/limousine services that operate within the City limits;and
3)Directs Council staff to forward copies of this resolution to Law Department, Permits and Inspections,and the Buffalo Police Department.
ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION
NO.2325
BY: RASHEED N.C.WYATT
APPOINTMENTS COMMISSIONER OF DEEDS
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the
person so appointed certifying under oath to their qualifications and filing same with the City Clerk.
Stephen Todd
Katherine M. Rebisz
Karen A.Champoux
TOTAL:3
ADOPTED
NO.2326
BY: RASHEED N.C.WYATT
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2016, conditional upon the
person(s)so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Karen Kassem
Total: 1
ADOPTED:
NO.2327
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13'-floor City Hall, Buffalo, New York,unless
otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, November 17,2015 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, November 17,2015 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, November 17,2015 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, November 17,2015 at 2:00 o'clock P.M.
(Public Disclaimer):All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that
there is sufficient time given for notification,it will be provided. In addition,there may be meetings set up whereby the City Clerk's Office is not
made aware:therefore,unless we receive notice from the respective Chairmen,we can only make notification of what we are made aware.
NO.2328
ADJOURNMENT
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at.2:48 PM
GERALD A.CHWALINSKI
CITY CLERK