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HomeMy WebLinkAbout15-1222 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J.F.Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE SOUTH DISTRICT CHRISTOPHER P.SCANLON MAJORITY LEADER NIAGARA DISTRICT DAVID A. RIVERA DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA-LOVEJOY DAVID A FRANCZYK-FILLMORE ULYSEES O.WINGO SR.-MASTEN JOSEPH GOLOMBEK JR.—NORTH JOEL P. FEROLETO—DELAWARE RASHEED N.C.WYATT-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C.Wyatt-Chairman, Richard A. Fontana, David A. Rivera, Ulysees O.Wingo,Sr.-Members CLAIMS COMMITTEE:Joel P. Feroleto-Chairman,Joseph Golombek Jr., David A. Rivera, Rasheed N.C.Wyatt-Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr., Chairman- David A. Rivera, Christopher P. Scanlon, Ulysees O. Wingo, Sr., Rasheed N.C.Wyatt-Members FINANCE COMMITTEE: Richard A. Fontana,Chairman,Joel P. Feroleto, David A. Rivera, Ulysees O.Wingo,Sr. Rasheed N.C.Wyatt-Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, Joel P. Feroleto, David A. Franczyk, Joseph Golombek Jr., David A. Rivera - Members. RULES COMMITTEE: Darius G. Pridgen,Chairman,Christopher P.Scanlon, David A. Rivera-Members SPECIAL COMMITTEES BUDGET COMMITTEE: David A. Rivera,Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members EDUCATION COMMITTEE: Ulysees O.Wingo,Sr.Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members POLICE OVERSIGHT: David A. Rivera.,Chairman,Joel P. Feroleto, David A Franczyk,Christopher P.Scanlon—Members PUBLIC TRANSPORTATION:Christopher P.Scanlon,Chairman Joel P. Feroleto, David A. Franczyk, David A. Rivera,-Members WATERFRONT DEVELOPMENT COMMITTEE: Christopher P.Scanlon Chairman, David A. Franczyk,Joseph Golombek,Jr., Ulysees O.Wingo, Sr.-Members INVOCATION PLEDGE TO FLAG DATE Dec. 22, 2015 FINAL MAYOR MAYOR-EXECUTIVE 2514- 1. Cit Serv-Appoint Coord of Anti-Graffiti& Clean City Program(Prov)(Max)(Olivencia) CS 2515- 2. Strat Plan-Amend Lease Agreement Btwn COB & Grassroots Gardens APP 2516- 3. Strat Plan-Mass Ave Sustainable Neighborhoods Project PILOT Mass Ave, 562 W. Utica& 99 Chenango APP 2517- 4. Strat Plan-Report of Sale-20 West Ave(Fill) APP 2518- 5. Strat Plan-Rescind Sale & Refund Deposit-69 Hamilton(North) APP ASSESSMENT 2519- 6. Request Approval of Certificate of Adjusted Base Proportions Using Local Adjustment at 10% for 2015 Roll FIN 2520- 7. Request Approval of Certificate of Current Base Proportions 2015 Roll FIN PUBLIC WORKS 2521- 8. Amendment of Chapter 175-1 Enumeration of Fees-Code Ch 216 Garbage, Rubbish and Refuse APP 2522- 9. Change in Contract-Broadway Market(Fill) APP 2523- 10. Change in Contract-Edward Saunders CC-CDBG Public Facilities Imp(Univ) APP 2524- 11. Change in Contract-LaSalle Park Skate Park Phase II APP 2525- 12. Change in Contract-TJ Dulski CC-CDBG Public Facilities Imp(Fill) APP 2526- 13. Change in Contract-NWCC-CDBG Public Facilities Imp APP 2527- 14. Perm to Accept Funds & Enter Agmt With BSA,BUDC,ESD & BWB Northland Ave Streetscape Project(Mas) APP 2528- 15. Perm for Encroachment on Public ROW-3149 Main St(Univ) APP 2529- 16. Perm to Hire Consultant-Allendale Theatre Exterior Imp(Mas) APP 2530- 17. Perm to Hire Consultant(Corr)-Bflo Fire &Police Depts. Program & Fire for New Headquarters Bldg(Fill) APP 2531- 18. Perm to Hire Consultant-Bflo Museum of Science Roof& Ext Reconstruction APP 2532- 18A. Perm to Hire Consultant-JFK Pk Concession Bldg, Davey Pk, Public Fac-APP 2533- 19. Perm to Hire Consultant-Seneca Babcock CC-Public Facilities Imp APP 2534- 20. Perm to Increase Contract-Citywide Tree Removal-2014-2015 APP 2535- 21. Perm to Purchase Utility Truck for Mayors Impact Team APP 2536- 22. Report of Bids-General Veterinary Services Category A for Buffalo City Animal Shelter APP 2537- 23. Report of Bids-Kleinhans Music Hall-ADA Lift Installation(Nia) APP 2538- 24. Report of Bids-Streetlight Replacement-S caj aquada(Del &North) APP 2539- 25. Appoint Sr. 1st Class Stationary Engineer(Perm)(Max)(Keenan) CS 2540- 26. Appoint Laborer II(Perm)(Inter)(Rogowski) CS PERMITS AND INSPECTIONS 2541- 27. Food Store License(New)-160 Doat(Fill) LEG 2542- 28. Food Store License(New)-860 Walden(Lov) LEG SEWER AUTHORITY 2543- 29. Comprehensive Report 2014-15 Available Online R&F CITY CLERK 2544- 30. Notice of Intention-Request for Consideration to Rename the Former Caz Library in Honor of Patricia Quinlivan(hrg 01105) R&F 2545- 31. Liquor License Applications R&F 2546- 32. Leaves of Absence R&F 2547- 33. Reports of Attendance R&F 2548- 34. Notices of Appointments-Council Interns ADOPT 2549- 35. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 2550- 36. Constituent Complaint Re Hiring Requirements R&F 2551- 37. G. Caver-Gill-Concerns Parking Tickets R&F 2552- 37A SEQR-Negative Declaration-190 Perry St ADOPT 2553- 38. USPS-Ellicott Station Post Office Relocation Project CD 2554- 39. USPS-Ellicott Station Post Office Relocation Project(Net Loss) CD 2555- 40. U. Wingo, Sr-Conditions for Masten Deli Store Licenses LEG 2556- 41. U. Wingo, Sr-Dr. C. Breem-Letter of Concern Re Stop Sign Request CD,PW 2557- 42. U. Wingo, Sr-C. Peoples-Letter of Concern Re Olympic Ave Off Ramp CD,PW PETITIONS 2558- 43. M. Kassem, Owner, Use 1347 Kensington to Re-Establish Use as a Grocery/Deli in the Ken/Bailey Special District(hrg 12/29)(Univ) LEG,CPBD 2559- 44. M. Mohamed, Owner, Use 568 Niagara to Re-Establish Use as a Grocery Store in the Niagara River Coastal Special Rev District(hrg 12/29)(Ell) LEG,CPBD 2560- 45. A. Almontaser, Owner, Use 2082 South Park to Re-Establish Use of an Existing Takeout Food Store in the South Park Special District LEG,CPBD 2561- 46. M. Payne, Agent, Use 1285 Main to Place a Ground Sign(no hrg) LEG,CPBD 2562- 47. D. Franczyk-T. Hippert & O-Provide Better Safety for the CitizensPOL O/S, POL RESOLUTIONS 2588- 47A Fontana, etc Support for Buffalo Peacemakers ADOPT 2589- 47B Scanlon Request for Consideration-Rename Caz Library in Honor of Patricia Quinlivan(hrg 01/05) LEG 2590- 48. Wingo, Sr. Initiate Discussion of Strategic Plan to Rehabilitate City Stock of Abandoned Churches ADOPT 2591- 49. Wyatt Budget &Personnel Amendment-Human Resources APP 2592- 49A Wyatt Appointment Comm of Deeds-Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 2563- 1. 15-2435 Com Dec 8 Appoint Equipment Operator(Inter)(Prov)(Walker)(PW) APP 2564- 2. 15-2436 Com Dec 8 Appoint Equipment Operator(Inter)(Temp)(Kerr)(PW) APP 2565- 3. 15-2437 Com Dec 8 Appoint Equipment Operator(Inter)(Prov)(Dixon)(PW) APP 2566- 4. 15-2458 Com Dec 8 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F COMMUNITY DEVELOPMENT 2567- 5. 15-2428 Com Dec 8 Constituent Concerns Fence Around St. Ann's Church& Shrine(CP) R&F 2568- 6. 15-2429 Com Dec 8 Safety Concern on West Ferry for the Winter(CP) R&F 2569- 7. 15-2484 No Dec 8 Abandonment& Sale of East and West Market St Btwn Perry& Scott St (Fill)(Strat Plan)(915-2328,Nov 24) APP 2570- 8. 15-2485 No Dec 8 Report of Sale-190 Perry-Former Gov't Garage/Storage Facility(Fill) (Strat Plan)(915-2331,Nov 24) APP 2571- 9. 15-2488 No Dec 8 Approval of the Abandonment& Sale East& West Market St (Fill)(Hrg 12/08)(915-2418,Nov 24) APP 2572- 10. 15-2344 Com Nov 24 City Wide Broadband Municipal Internet(PW) FIN 2573- 11. 15-2174 No Oct 27 J. Janowski-Disintegration of Chatham Ave Btwn Lincoln Pkwy & Elmwood(North) R&F 2574- 12. 15-2049 No Oct 13 D. Funke-Request Council Sign Petition Re New Sustainable Funding For Public Transportation, Bldg New Rail Stations & Specific Light Rail Ext_R&F LEGISLATION 2575- 13. 15-2441 Com Dec 8 Food Store License(New)-1347 Kensington aka 1351 (Univ)(EDPI) APP 2576- 14. 15-2442 Com Dec 8 Used Car Dealer-283 Broadway(Ell)(EDPI) APP W/GOND 2577- 15. 15-2451 Com Dec 8 Item Recalled From Mayor ccp42416 Dec 1, 2015-"Bond Resolution Highland Park Project Phase I"(CtyClk) APP 2578- 16. 15-2470 No Dec 8 R. Santos, Owner, Use 492 Seventh-Change of Use from 2 Family Dwelling To Church in the Niagara River Coastal Review District(Ell)(hrg 12/15) APP 2579- 17. 15-2471 No Dec 8 K. Collins, Owner, Use 965 Kensington to Reestablish a Tavern w/Restaurant In the Kensington/Bailey Business District(Masten)(Hrg 12/15) APP 2580- 18. 15-2472 No Dec 8 M. Collins, Owner, Use 2227 Genesee to Re-Open an Existing Bar& Restaurant In the Genesee-East Delavan Special Zoning District(Lov)(Hrg 12/15) APP 2581- 19. 15-2494 No Dec 8 K. Scritchfield, Agent, Use 51 Broadway to Erect a Billboard on Private Property in Front of Convenience Store/Gas Station(Ell) (hrg 12/1)(#15-2384,11/24)_ RECOMMIT 2582- 20. 15-2359 Com Nov 24 Food Store License(New) 1105 Broadway(Fill)(EDPI) APP 2583- 21. 15-2372 No Nov 24 J. Bartimole-WNY Healthcare Assoc-Response to Res "Support for Safe Staffing for Quality Care Act" R&F 2584- 22. 15-2373 No Nov 24 K. Boyle-Repeal Medical Device Tax R&F 2585- 23. 15-2031 Com Oct 13 Food Store(New) 490 Connecticut St(Nia)(EDPI) APP 2586- 24. 15-2051 No Oct 13 W. Keresztes-Response Resolution Sex Offender Reporting Inquiry R&F 2587- 25. 14-1085 Res May 13 Proposed Amendments to Ordinances Re Bouncers(Pridgen) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL-BUFFALO TUESDAY DECEMBER 22,2015 AT 2:00 P.M. Present—Darius G. Pridgen,Council President,Christopher P.Scanlon, President Pro Tempore,and Councilmembers: Feroleto, Fontana, Franczyk,Golombek Jr., Rivera,Wingo Sr.,Wyatt—9 Absent—0 On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the minutes of the stated meeting held on November 24,2015 and December 8,2015 were approved FROM THE MAYOR FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO.2514 APPOINT COORD OF ANTI-GRAFFITI&CLEAN CITY PROGRAM(PROV)(MAX)(OLIVENCIA) CERTIFICATE OF APPOINTMENT Appointment effective 12/8/2015 in the Department of Office of the Mayor in the Department of Office of the Mayor Division of Citizen Services to the Position for Coordinator of Anti-Graffiti&Clean City Program Provisional Non-Competitive Maximum starting salary of $60,560.00 Wilmer Olivencia,712 Prospect Avenue, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE OFFICE OF STRATEGIC PLANNING NO.2515 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO-DELETE TWO(2) PROPERTIES(71 AND 73 WOODLAWN) PRIOR COUNCIL REFERENCE: Item No. 1018,C.C.P.5/26/2015 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc.The lease agreement expired on October 31,2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate,received a request from Grassroots Gardens of Buffalo, Inc.to amend their lease agreement to delete the following properties: Address Sponsor 71 &73 Woodlawn Avenue Lisa Sanger All other terms and conditions of the lease approved by the Common Council on October 3,2006 for the period of September 1,2006 through October 31,2010,shall remain the same. I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and delete 71 and 73 Woodlawn Avenue. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Director of Real Estate,dated December 15,2015,be received and filed;and That the Common Council hereby approves the amendment of the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo to delete 71 and 73 Woodlawn Avenue and that all other terms and conditions of the lease approved by the Common Council on October 3,2006 for the period of September 1,2006 through October 21,2010 shall remain the same. PASSED AYES-9, NOES-0 NO.2516 MASSACHUSETTS AVENUE SUSTAINABLE NEIGHBORHOODS PROJECT PILOT, 335-339 MASSACHUSETTS AVENUE,562 W.UTICA STREET AND 99 CHENANGO STREET Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo,the County of Erie,and Massachusetts Avenue Sustainable Neighborhoods Project The People United for Sustainable Housing("PUSH")Massachusetts Avenue Sustainable Neighborhoods Project involves the development of 5 units of high quality affordable rental housing units on the West Side of Buffalo NY, Erie County as follows: Address New/Rehab #Units #BR/UnitSquare Feet 99 Chenango Rehab 1 3 1,300 335-339 Massachusetts New 2 3 2,700 562 W. Utica Rehab 2 2 1,800 Three of the five units(60%)will be affordable for households with incomes below 50%of the area median and two of the units(40%) will be affordable for households with incomes below 60%of the area median. It is projected that household sizes will range from two persons to six persons.While not limited to any special needs population,the units will be open to all income eligible households, including those with special needs.Consistent with the Green Development Zone created by PUSH,the units will incorporate green and energy efficient materials and systems.All development will be completed in accordance with the NYSERDA Energy Efficiency Program and will also be modeled on NYS Homes and Community Renewal's("HCR")Green Building Criteria.All of these green enhancements are good for the environment and benefit the residents. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3%of the total income assuming a five percent(5%)vacancy. Payments will increase by three percent(3%)per year for the duration of the 15-year Pilot. Mr. Rivera moved: That the above item be,and the above communication from the Executive Director of the Office of Strategic Planning,dated December 9,2015,be received and filed;and That the Common Council hereby approves a PILOT Agreement between the City of Buffalo,the County of Erie,and Massachusetts Avenue Sustainable Neighborhoods Project.Three of the five units(60%)will be affordable for households with incomes below 50% of the area median and two of the units(40%)will be affordable households with incomes below 60%of the area median. It is projected that household sizes will range from two persons to six persons.While not limited to any special needs population,the units will be open to all income eligible households,including those with special needs.Consistent with the Green Development Zone created by PUSH,the units will incorporate green and energy efficient materials and systems.All development will be completed in accordance with the NYSERDA Energy Efficiency Program and will also be modeled on NYS Homes and Community Renewal's ("HRC")Green Building Criteria.All of these green enhancements are good for the environment and benefit of the residents. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3%of the total income assuming a five percent(5%)vacancy. Payments will increase by three percent(3%)per year for the duration of the 15-year PILOT. PASSED AYES-9, NOES-0 NO.2517 REPORT OF SALE 20 WEST AVENUE Vacant Lot 178.50 NW CAROLINA Lot Size:34'x 90'Assessed Value:$4,600(Fillmore District) The Office of Strategic Planning Division of Real Estate has received a request from Mr. Daniel Granville and Ms.Maria C. Esquilin of 112 South Street Buffalo, NY 14204 to purchase 20 West Avenue.Mr.Granville and Ms. Esquilin would like to purchase the lot to build a single family home.Mr.Granville and Ms. Esquilin intend to make this their primary residence. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations,taxes or other liens owed to the City of Buffalo by the purchasers.A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy-Five Cents($.75)to One Dollar and Sixty Cents ($1.60)per square foot. Mr.Granville and Ms. Esquilin have agreed and is prepared to pay One Dollar and Fifty-Six Cents($1.56)per square foot for the parcel for a total of Four Thousand Eight Hundred Dollars($4,800)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 20 West Avenue for the amount of Four Thousand Eight Hundred Dollars($4,800)to Mr. Daniel Granville and Ms.Maria C. Esquilin. 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 December 15, 2015,be received and filed; That the offer from Mr. Daniel Granville and Ms.Maria C. Esquilin of 112 South Street, Buffalo, New York 14204,in the amount of Four Thousand Eight Hundred Dollars($4,800.00)for the purchase of 20 West Avenue be and hereby is accepted;and That the transfer tax,recording fees and cost of legal description shall be paid by the purchaser;and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same,in accordance with the terms of sale upon which the offer was submitted. PASSED AYES-9, NOES-0 NO.2518 RESCIND SALE&REFUND DEPOSIT 69 HAMILTON (NORTH DISTRICT) In the above referenced item Your Honorable Body approved the sale of 69 Hamilton to Mr. Naim Halimy of 184 East Street, Buffalo, New York 14207 in the amount of Four Thousand Dollars($4,000.00). Mr. Halimy was under the impression he was buying a vacant lot at 69 Hamilton.Our records showed 69 Hamilton was demolished. However,the subject property at one time consisted of a mixed use building and single family home.Apparently,the mixed use building was torn down,but the single family dwelling still remains.As a result,Mr. Halimy is not interested in purchasing the property with the house. He has contacted our office and has requested that we refunded his deposit of Four Hundred Dollars($400.00). Based on the above circumstances,the Office of Strategic Planning, Division of Real Estate is recommending that Your Honorable Body approve to rescind the sale of 69 Hamilton to Mr. Halimy,refund his deposit in the amount of Four Hundred Dollars($400.00) and the return the property to our inventory. Mr. Rivera moved: That the above item be,and the above communication from the Office of Strategic Planning, Division of Real Estate,dated December 14,2015,be received and filed;and That the Office of Strategic Planning, Division of Real Estate,be,and hereby is authorized to rescind the sale of 69 Hamilton to Mr. Naim Halimy of 184 East Street, Buffalo, New York,and the deposit of Four Hundred Dollars($400.00)down payment is refunded, and that the property be returned to inventory for future sale. PASSED AYES-9, NOES-0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO.2519 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS USING LOCAL ADJUSTMENT AT 10%FOR 2015 ROLL Attached find Certificate of Adjusted Base Proportions whereby the City of Buffalo is utilizing the Local 10%Option. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non-homestead taxing system.A proportional ratio is established between the two classes in the base year,the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991.Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service,pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate,kindly direct the City Clerk to sign,date and forward said Certificate to the New York State Department of Taxation and Finance,Office of Real Property Tax Services, Building 8A-Attn: Dave Ange,W.A. Harriman State Campus,Albany, New York 12227.Also,kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. REFERRED TO THE COMMITTEE ON FINANCE NO.2520 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2015 ROLL Attached find Certificate of Base Percentages,Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non-homestead taxing system.A proportional ratio is established between the two classes in the base year,the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991.Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service,pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate,kindly direct the City Clerk to sign,date and forward said Certificate to the New York State Department of Taxation and Finance,Office of Real Property Tax Services, Building 8A-Attn: Dave Ange,W.A. Harriman State Campus,Albany, New York 12227.Also,kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS NO.2521 AMENDMENT OF CHAPTER 175-1 ENUMERATION OF FEES CODE CHAPTER 216 GARBAGE,RUBBISH AND REFUSE Copy available for review in the City Clerk's Office.The Law Department will file an Ordinance Amendment 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 December 17,2015,be received and filed;and That the Common Council hereby approves the amendments to Chapter 175-1 -Enumeration of Fees as they relate to Code Chapter 216 Garbage, Rubbish and Refuse as specified in the attached communication. PASSED AYES-9, NOES-0 NO.2522 CHANGE IN CONTRACT BROADWAY MARKET JOB 1518 FILLMORE DISTRICT PRIOR COUNCIL REFERENCE:#1141 of 6/9/15 1 hereby submit to Your Honorable Body the following change for Broadway Market, BHNT Architects,Contract#93001639. 1)This change includes all necessary work/specs for the Add $9,500.00 concourse floor recoating The foregoing change results in a net increase in the contract of Nine Thousand Five Hundred Dollars and 00/100($9,500.00). Summary:Current Contract Amount $42,720.00 Amount of this Contract $ 9,500.00 Revised Contract Amount $52,220.00 Costs have been reviewed by the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for work are available in 38322936-445100. 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 December 15,2015,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$9,500.00(Original Contract Amount$42,720.00+Change Order$9,500.00 for a Revised Contract Amount of$52,220.00)for the Broadway Market work/specs for the concourse flooring recoating,to BHNT Architects,Contract #93001639.The funds are available in Account#38322936-445100. PASSED AYES-9 NOES—0 NO.2523 CHANGE IN CONTRACT EDWARD SAUNDERS COMMUNITY CENTER CDBG PUBLIC FACILITIES IMPROVEMENTS UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following change for Edward Saunders Community Center,Trautman Associates, Inc., Contract#H0000096. 1)This Change includes all necessary work/specs for the Add$10,000.00 Investigation of water filtration problem at the roof top Kitchen unit. The foregoing change results in a net increase in the contract of Ten Thousand Dollars and 00/100($10,000.00). Summary:Current Contract Amount $70,967.00 Amount of this Change Order $10,000.00 Revised Contract Amount $80,967.00 Costs have been reviewed by the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for this work are available in CH 9C2027—470000 and DJ9132037—470000 IDIS#9127. 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 December 14,2015,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$10,000.00(Original Contract Amount$70,967.00+Change Order$10;000.00 for a Revised Contract Amount of$80,967.00)for the Edward Saunders Community Center,CDBG Public Facilities Improvements,to Trautman Associates, Inc.,Contract#H0000096.The funds are available in Accounts#CH9C2027-470000 and DJ9132027-470000 IDIS #9127. PASSED AYES-9 NOES—0 NO.2524 CHANGE IN CONTRACT LASALLE PARK SKATE PARK PHASE II CONTRACT#93001570 NEW LINE SKATEPARKS INC.ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to increase the consultant contract for the above named contract.This change order is necessary to increase the contract encumbrance to provide construction administration,and inspection services for the LaSalle Park Skate Park Phase 11 project. Existing Contract Amount $34,000 Change Order $13,600 Revised Contract Amount $47,600 The funds will be available in Account#3840326-445100,and account(s)to be named at a later date. I respectfully certify that this change order is fair and equitable for the work involved,and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks&Streets to issue said change order to New Line Skateparks 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 December 16,2015,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$13,600.00(Original Contract Amount$34,000.00+Change Order$13,600.00 for a Revised Contract Amount of$47,600.00)for the LaSalle Skate Park, Phase 11,to New Line Skateparks, Inc.,Contract#93001570.The funds are available in Account#3840326-445100,and an account(s)to be named at a later date. PASSED AYES-9 NOES—0 NO.2525 CHANGE IN CONTRACT TJ DULSKI COMMUNITY CENTER CDBG PUBLIC FACILITIES IMPROVEMENTS FILLMORE DISTRICT PRIOR COUNCIL REFERENCE:#17 of 7/23/13 1 hereby submit to Your Honorable Body the following change for TJ Dulski Community Center,Wendel,Contract#H0000091. 1)This change includes all necessary work/specs Add $28,400.00 to facilitate the replacement of all existing vinyl windows The foregoing change results in a net increase in the contract of Twenty Eight Thousand Four Hundred Dollars and 00/100 ($28,400.00). Summary:Current Contract Amount $46,592.16 Amount of this Change Order $28,400.00 Revised Contract Amount $74,992.16 Costs have been reviewed by the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for this work are available in DJ9132037-470000 IDIS#9032. 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 December 14,2015,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$28,400.00(Original Contract Amount$46,592.16+Change Order$28,400.00 for a Revised Contract Amount of$74,992.16)for the TJ Dulski Community Center,to Wendel,Contract#H0000091.The funds are available in Account#DJ9B2037-470000 IDIS#9032. PASSED AYES-9 NOES—0 NO.2526 CHANGE IN CONTRACT NORTH WEST BUFFALO COMMUNITY CENTER CDBG PUBLIC FACILITIES IMPROVEMENTS(NORTH DIST) I hereby submit to Your Honorable Body the following change for North West Buffalo Community Center, Nussbaumer&Clarke, In., Contract#H00000233. 1)This change includes all necessary work/specs Add $14,025.00 For additional masonry restoration on the East facing And South facing courtyard area walls,restoration of Wood sill,frame/sash windows and skylight components The foregoing change results in a net increase in the contract of Fourteen Thousand Twenty Five Dollars and 00/100($14,025.00). Summary:Current Contract Amount $53,700.00 Amount of this Change Order $14,025.00 Revised Contract Amount $67,725.00 Costs have been reviewed by the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for this work are available in DJ9132037-470000 IDIS#9129. 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 December 14,2015,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$14,025.00(Original Contract Amount$53,700.00+Change Order$14,025.00 for a Revised Contract Amount of$67,725.00)for the North West Buffalo Community Center for additional masonry restoration on the East facing and South facing courtyard area walls,restoration of wood sill and frame/sash windows and skylight components,to Nussbauner& Clarke, Inc.,Contract#H0000233.The funds are available in Account#DJ9B2037-470000 IDIS#9129. PASSED AYES-9 NOES—0 NO.2527 PERMISSION TO ACCEPT FUNDS,AND ENTER INTO AGREEMENTS WITH BUFFALO SEWER AUTHORITY(BSA), BUFFALO URBAN DEVELOPMENT CORPORATION(BUDC),EMPIRE STATE DEVELOPMENT(ESD)AND BUFFALO WATER BOARD(BWB)NORTHLAND AVENUE STREETSCAPE PROJECT MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets(DPW) to accept betterment funds and enter into all necessary agreements with the Buffalo Sewer Authority(BSA), Buffalo Urban Development Corporation(BUDC), Buffalo Water Board(BWB)and Empire State Development(ESD)for the design,construction, administration and inspection of the Northland Avenue Streetscape Project.All agreements will be subject to approval as-to-form by Corporation Counsel. 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 December 14,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept betterment funds and to enter into all necessary agreements with the Buffalo Sewer Authority, Buffalo Urban Development Corporation, Buffalo Water Board and Empire State Development for the design,construction,administration and inspection of the Northland Avenue Streetscape Project.All agreements will be subject to approval as-to-form by the Corporation Counsel. PASSED AYES—9, NOES—0 NO.2528 PERMISSION FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY 3149 MAIN ST. VESTIBULE,HANDICAP RAMP,AND CANOPY UNIVERSITY DISTRICT Mr.Tucker Curtin,owner of the Steer Restaurant located at 3149 Main Street,has requested permission to install a Vestibule, Handicap Ramp, Planter and Canopy within City Right of Way abutting said property. The proposed vestibule would be constructed of steel,framed with aluminum storefront entries and glazing systems.The vestibule would project approximately 9'into City Right of Way and eliminate cold air from entering the restaurant when the existing front door is opened.The Handicap Ramp and Planter are combined into one structure and are constructed of wood.The Ramp/Planter would project approximately 8'into City Right of Way and provide handicap accessibility to the restaurant. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67(Encroachment Regulations)and Section 59.1 (Handicap 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 "Revocable 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 encroachments 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 encroachments as long as they remain within City right of way. 4.That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health,safety and welfare of the public,or the needs of the City,said commissioner may order the immediate removal of the encroachments as described in Chapter 413-67(F)of the City Charter. 5.That the applicant enter into a revocable license 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 encroachments. 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 December 16,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets,pursuant to Chapter 416 Section 67(Encroachment Regulations)and Section 59.1 (Handicap Access Ramps)of the City Charter to issue a"Revocable License"to Mr.Tucker Curtain,owner of the Steer Restaurant,located at 3149 Main Street,to install a vestibule,handicap ramp,planter and canopy within a City right-of-way abutting said property,after being referred to the Planning Board for the necessary site plan review and approval,provided the following conditions are met: That the applicant obtains any and all City of Buffalo permits necessary. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection Services. That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right of way. That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of the factors effecting the health,safety and welfare of the public,or the needs of the City,said Commissioner may order the immediate removal of the encroachment as described in Chapter 413-67(F)of the City Charter. That the applicant enter into a revocable license 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 encroachments. PASSED AYES-9 NOES-0 NO.2529 PERMISSION TO HIRE CONSULTANT AILENDALE THEATRE(THEATRE OF YOUTH) EXTERIOR IMPROVEMENTS JOB#1529 MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Clinton Brown Company Architecture, PC as a consultant to provide architectural and engineering services for the Allendale Theatre. The cost for consulting services is estimated not to exceed$43,500. The funds are available in account#33223006-445500.The consultant has been chosen through a Request for Proposal process(RFP). 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 December 15,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Clinton Brown Company Architecture, PC as a consultant to provide architectural and engineering services for the Allendale Theatre.The consultant was chosen through a Request for Proposals(RFP)process.The funds for this project will be available in Account#33223006-445500. PASSED AYES-9 NOES-0 NO.2530 PERMISSION TO HIRE CONSULTANT-CORRECTION BUFFALO FIRE&POLICE DEPARTMENTS PROGRAM&FIRE DESIGN FOR NEW HEADQUARTERS BLDG. JOB#1523 FILLMORE DISTRICT #2348 OF 11/24/15 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services for programming and design of a new joint Fire and Police Headquarters Building.The consultant will work with the BFD and BPD,develop an architectural program that will meet the operational requirements of both departments,provide a concept design and cost estimate(phase 1),and then design the new joint headquarters building(phase 2).Various site locations under review;site to be determined at a later date. The cost for consulting services for phase 1 is$176,600.00+10%of$17,600.00 for a total of$194,260.00,and phase 2 shall not exceed 10%of the cost estimate determined in phase 1. Funds are available in 33280006-446500.The consultant has been chosen through a Request for Proposal process(RFP). 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 December 15,2015,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 programming and design of a new joint Fire and Police Headquarters Building.The consultant will work with the Buffalo Fire Department and Buffalo Police Department,develop an architectural program that will meet the operational requirements of both departments,provide a concept design and cost estimate(Phase 1),and then design the new joint headquarters building(Phase 2).The cost for consulting services for Phase 1 if$176,600.00+10%of$17,600.00 for a total of$194,260.00;and Phase 2 shall not exceed 10%of the cost estimate determined in Phase 1.The consultant was chosen through a Request for Proposals(RFP)process.The funds for this project will be available in Account#33280006-445500. PASSED AYES-9 NOES—0 NO.NO.2531 PERMISSION TO HIRE CONSULTANT BUFFALO MUSEUM OF SCIENCE ROOF&EXTERIOR RECONSTRUCTION JOB#1530 MASTEN DISTRICT Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Stieglitz Snyder Architecture as a consultant to provide architectural and engineering services for the Buffalo Museum of Science. The cost for consulting services is estimated not to exceed$34,400.The funds are available in account#30322706-445500.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 December 15,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Stieglitz Snyder Architecture as a consultant to provide architectural and engineering services engineering services for the Buffalo Museum of Science.The consultant was chosen through a Request for Proposals(RFP)process.The cost for services is estimated not to exceed$34,400.00.The funds for this project will be available in Account#30322706-445500. PASSED AYES-9 NOES—0 NO.2532 PERMISSION TO HIRE CONSULTANT JFK PARK CONCESSION BUIKRMG DAVEY PARK PUBLIC FACILITIES IMPROVEMENTS ELLICOTT DISTRICT ADDITIONAL ACCOUNT #2239 OF 11/10/15 We hereby request that your Honorable Body authorize the Department of Public Works, Parks and Streets to add an additional account to the original approval of this request to hire a consultant. Additional funds are available in C19132007-47000. 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 December 18,2015,be received and filed;and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to add an additional account to the original approval of this request to hire a consultant.Additional funds are available in Account#C19B2007-47000. PASSED AYES-9 NOES-0 NO.2533 PERMISSION TO HIRE CONSULTANT SENECA BABCOCK 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 Seneca Babcock Community Center Public Facilities Improvements. The cost for consulting services is estimated not to exceed$40,000.00. Funds are available in DJ9B2037-470000.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 December 16,2015,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 the Seneca Babcock Community Center Public Facilities Improvements.The consultant will be chosen through a Request for Proposals(RFP)process.The cost for services is estimated not to exceed$40,000.00.The funds for this project will be available in Account#DJ9B2037-470000. PASSED AYES 9 NOES-0 NO.2534 PERMISSION TO INCREASE CONTRACT 2014-15 CITYWIDE TREE REMOVALS TREE CARE OF NEW YORK,LLC CONTRACT#93001430 #1566 OF JULY 22,2014 #2243 OF NOVEMBER 10,2015 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 Previous Contract Amount $18,945.00 This Cost Increase $6,510.00 Total $381,855.00 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 $6,510.00. The funds are available in O&M account#14570006 or 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 December 16,2015,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#2 in the amount of$6,510.00(Current Contract Amount$356,400.00+Change Order#1 $18,945.00+Change Order#2$6,510.00 for a Revised Contract Amount of$381,855.00) for the 2014-15 Citywide Tree Removals, to Tree Care of New York, Inc., Contract#93001430. The funds are available in O&M Account#14570006,or an account(s)to be named at a later date. PASSED AYES-9 NOES-0 NO.2535 PERMISSION TO PURCHASE UTILITY TRUCK FOR MAYOR'S IMPACT TEAM The Department of Public Works is requesting permission to purchase(1)Utility Truck Cab and Chassis $37,495.00 Utility box Installed $10,500.00 Add'I components $1,000.00 TOTAL $48,995.00 Funds to come out of 13234007-474200 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 December 14,2015,be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one(1)Utility Truck for the Mayor's Impact Team.The total purchase of the vehicle is$48,995.00. Funds are available in Account#13234007-474200. PASSED AYES-9 NOES-0 NO.2536 REPORT OF BIDS-GENERAL VETERINARY SERVICES-CATEGORY A FOR THE BUFFALO CITY ANIMAL SHELTER I hereby submit to Your Honorable Body the following bids for General Veterinary Services-Category A at the Buffalo City Animal Shelter. •On October 14,2015,the Division of Purchasing solicited bids for General Veterinary Services-Category A for the Buffalo Animal Shelter on behalf of Department of Public Works. On November 13, 2015, bids were received for these services and McClelland Small Animal Hospital was the only responder. Bid McClelland Small Animal Hospital $74,000.00 455 Ellicott St, Buffalo, NY 14203 This one(1)year agreement also includes four(4)one year extension options with an annual cost of$74,000.The first year of this agreement would run thru June 30,2016 and would be a total of$37,000. 1 recommend that your Honorable Body authorize the Commissioner of Public Works, Parks&Streets to enter into the agreement. Funds for this project are available in 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 December 17,2015,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 General Veterinary Services-Category A at the Buffalo City Animal Shelter,with McClellan Small Animal Hospital,with a bid of$74,000.00.This one(1) year agreement also includes four(4)one year extension options with an annual cost of$74,000.00.The first year of this agreement would run through June 30, 1016 and would be a total of$37,000.00. Funding for this project is available Account #15203006-432002. PASSED AYES-9 NOES-0 NO.2537 REPORT OF BIDS KIEINHANS MUSIC HALL ADA LIFT INSTALLATION JOB#1531 NIAGARA DISTRICT I requested on November 201h 2015 and received the following informal bids for the ADA Lift Installation project on December 1 Ith,2015. Contractor Base Bid Kolt Access&Lift $16,990.00 Access Elevator DID NOT SUBMIT Belco Elevator&Lift, Inc. DID NOT SUBMIT I hereby certify that the foregoing is a true and correct statement of all bids received and that Kolt Access&Lift,with a base bid of$16,990.00,plus a 10%contingency of$1,699.00 for a total contract amount of Eighteen Thousand,Six Hundred Eighty Nine&00/100 Dollars($18,689.00),is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order on the basis of the lowest responsible bid. Funding for this project is available in account#36329706-445100. 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 December 16,2015,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 ADA Lift Installation Project at Kleinhans Music Hall,with Kolt Access&Lift,with a total contract amount of$18,689.00(Base Bid of$16,990.00+ 10%contingency of$1,699.00 for a Total Contract Amount of$18,689.00). Funding for this project is available in Account#36329706-445100. PASSED AYES-9 NOES—0 NO.2538 REPORT OF BIDS STREETLIGHT REPLACEMENT SCAJAQUADA EXPY RT 198 GROUP 845 DELAWARE AND NORTH DISTRTICTS In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed.The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids were received Base Bid Base Bid+10%Unit Price Increase South Buffalo Electric Inc. $151,509.00 $166,659.90 1250 Broadway St. Buffalo, NY 14212 Ferguson Electric $166,200.00 $182,820.00 333 Ellicott St. Buffalo, NY 14203 CATCO $211,675.00 $232,842.50 1266 Townline Rd. Alden, NY14004 I hereby certify that the low bidder for the above project is South Buffalo Electric Inc. I respectfully recommend a contract award in the amount of$166,659.90($151,509.00-Base Bid+$15,150.90-10%unit price increase-$166,659.90- Total Contract Amount). Funds for this contract are available in account#13116006-443 100 and or an account(s)to be named at a later date. The engineer's estimate for this work is$150,000.00 The attached is certified to be a true and correct statement of the bid received• Under provisions of the General Municipal Law,any of the bidders may withdraw his bid if an award of the contract is not made by January 25, 2016. Individual bid submissions are available in our office for inspection and copies are available upon request. 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 December 14,2015,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 Streetlight Replacement, Scajaquada Expressway, Route 198, Group 845, with South Buffalo Electric, Inc., with a Total Contract Amount of $166,659.90(Base Bid of$151,509.00+ 10% unit price increase of$15,150.90 for a Total Contract Amount of$166,659.90). Funds for this contract are available in Account#13116006-443100,and/or an account to be named at a later date. PASSED AYES-9 NOES-0 NO.2539 APPOINT SR 1ST CLASS STATIONARY ENGINEER(PERM)(MAX)(KENNAN) Appointment effective 11/23/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr 1S`Class Stationary Engineer, Permanent at the Maximum Salary of$43,250.00 Colin Keenan,77 Carlyle Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.2540 APPOINT LABORER II(PERM)(INTER)(ROGOWSKI) Appointment effective 12/16/2015 in the Department of Public Works, Parks and Streets, Division of Buildingsto the Position of Laborer II, Permanent at the Intermediate Salary of$24,000.00 Mark Rogowski, 125 Ridgewood Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PERMIT&INSPECTION SERVICES NO.2541 FOOD STORE LICENSE(NEW)-160 DOAT ST(FILL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 160 DOAT(MUNEER ALAFEFI/ALFY'S II FOOD 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.2542 FOOD STORE(NEW) 860 WALDEN(LOVE JOY) 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 860 WALDEN (EDRIS SALEI:I/CITY ZONE 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. FROM THE BUFFALO SEWER AUTHORITY NO.2543 COMPREHENSIVE REPORT 2014-15 AVAILABLE ONLINE The Buffalo Sewer Authority's 2014-2015 Comprehensive Annual Financial Report(CAFR)is now available on the Authority's website.The 2014-2015 CAFR can be downloaded at: http://www.city-buffalo.corn/files/1-2-1/B SA/Intranet Files/arm ual report!14-15-CAFR.pdf The 2014-2015 CAFR was approved by the Board of the Buffalo Sewer Authority on December 2,2015. RECEIVED AND FILED FROM THE CITY CLERK NO.2544 NOTICE OF INTENTION-REQUEST FOR CONSIDERATION TO RENAME THE FORMER[:CAZENOVIA LIBRARY IN HONOR OF PATRICIA QUINLIVAN CCP#2512,12/08/2015 This is to advise you that the Public Hearing to Rename Former Cazenovia Library in Honor of Patricia Quinlivan is set for January 5,2016 at 2:00 PM in the Common Council Chambers.This will be advertised in the Paper on 12/28/2015 and 0110412016. RECEIVED AND FILED NO.2545 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. RECEIVED AND FILED Address Business Name Owner's Name 617 Main St Gypsy Bohemian Grove Bar GBGB 1261 Fillmore Legacy Lounge Brenetta Mixon 200 Delaware Ave Sear David Schutte 561-565 Delaware Colter Bay Donald Shatzel RECEIVED AND FILED NO.2546 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 listed: Police- Timothy Taylor,Samantha Negron, Kate Keating, Dana Gorden, Louise Alessandra,Jenyne Langhorn,James Duffy, Kelly Gattuso RECEIVED AND FILED. NO.2547 REPORTS OF ATTENDANCE I transmit herewith communications received by me,from the various boards,commissions,agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO.2548 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 December 7,2015 in the Department of Common Council, Division of Lovejoy District to the Position of Intern IX,at the flat Salary of$12.85/hr Beatrice Collett,63 Davey St., Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO.2549 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 12/14/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Equipment Operator, Temporary at the minimum Salary of$24,000 Lawrence Williams,331 Phyllis Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 12/14/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver,Temporary at the minimum Salary of$24,000 Freddy Walker,62 Carl St, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 12/15/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver,Temporary at the minimum Salary of$24,000 James Thrist, 17 Pembroke, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 12/14/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 s`Class Stationary Engineer,Temporary at the Flat Salary of$15.00/hr Cherie Claudella,51 Schrutrum St, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective December 14,20115 in the Department of Police, Division of Staff Operations to the Position of Report Technician, Permanent at the First step of$38,587.00 Carrir A Lamacchia,487 Crescent Avenue, Buffalo, NY 14214 Sean Ford,350 Villa Ave, Buffalo, NY 14216 Nicole M. Kester,92 Unger Ave, Buffalo, NY 14210 Sabalena A. Brown,246 Bissell Ave, Buffalo, NY 14211 NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.2550 CONTITUENT CONCERN RE HIRING REQUIREMENTS Item available for review in the City Clerk's Office RECEIVED AND FILED NO.2551 G.CAVER-GILL CONCERNS PARKING TICKETS Item available for review in the City Clerk's Office RECIEVED AND FILED NO.2552 NON SIGNIFICANCE NEGATIVE DECLARATION-SEQR-190 PERRY ST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(SEQR-State Environmental Quality Review)of the Environmental Conservation Law. Lead Agency City of Buffalo Common Council 1413 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEQR,the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Sale of East and West Market Streets and 190 Perry Location: Sale of East and West Market Streets and 190 Perry Type of Action: Unlisted, Uncoordinated Review Description:The Action involves the transfer of East and West Market Streets and the building at 190 Perry Street to Ellicott Development to be used as a surface parking lot. Ellicott Development will also demolish the existing 1-story masonry building at 190 Perry Street. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR§617.7(c)(1)and in accordance with§617.7(c)(2)(3). The project will not have a significant impact on air quality.This action does not including and heating units and will not require an air permit. The project will have minimal adverse impacts on ground or surface water quality or quantity.There will not be an increase in impervious surfaces related to the construction of the project. The project will not have a substantial adverse change in existing traffic levels.This action will not result in a substantial increase in current traffic levels or generate additional demand for new transportation services.The project is to support an existing structure and use and will not generate demand for transportation. The project will not have a substantial adverse change in noise levels. During construction,this project will create noise,however,the property is located in an urban area;therefore,this project will not contribute significantly to an increase in noise levels. The project will not result in the removal or destruction of large quantities of vegetation or fauna;substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant,or the habitat of such a species;or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore,not impair the environmental characteristics of a Critical Environmental Area. The project will not have a major change in the quantity or type of energy used.The use of the site as a parking lo—is required to have little to no energy requirements. The project will not create a hazard to human health.A site to the south along Ellicott has been undergoing remediation. However,cleanup is underway and will not produce a significant impact to the project itself. The project will not create a substantial change in the use,or intensity of use,of land including agricultural,open space or recreational resources,or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days,compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes i.two or more elements of the environment,neither of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment,but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). The site is archeologically sensitive however,based on prior soil disturbance,it is unlikely archeological resources would be encountered. For further information relative to this Negative Declaration,contact Dinash Lal,Chief of Staff, Room 1413,City Hall, Buffalo, New York 24202, (716)851-5029. ADOPT NO.2553 USPS_ RE:BUFFALO,NY ELLICOTT STATION POST OFFICE RELOCATION PROJECT PROPOSED The United States Postal Service is considering relocating the retail services currently provided at the above referenced Post Office to a smaller retail only facility in a yet to-be-determined location as close as reasonably possible to the existing location. I request that you place a Postal Service presentation of the proposal on the regular agenda of the next scheduled public meeting.At least 15 days prior to the meeting,the Postal Service will advertise the date,time,and location of the public meeting in a local news medium and post in the Post Office's public lobby a notice of the date,time,and location of the public meeting. At the public meeting,the Postal Service will identify the need,identify the tentative decision to relocate retail services,outline the proposal to meet the need for relocation,invite questions,solicit written input on the proposal,and provide an address to which the community and local officials may send written appeals of the tentative decision and comments on the proposal for a period of 30 days following the public meeting. Please contact me with any questions or if I can be of any assistance. Sincerely, Richard Hancock Real Estate Specialist United States Postal Service PO Box 27497 Greensboro, NC 27498-1103 919-420-5284 Richard.a.hancock2(c)usps.gov REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.2554 USPS-:BUFFALO,W ELLICOTT STATION POST OFFICE RELOCATION PROJECT PROPOSED((NET LOSS) Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON CO DEVELOPMENT NO.2555 U.WINGO,SR.CONDITION FOR MASTEN FOOD STORE LICENSES I would like to file the attached information as a substation for item#40 for the next Common Council meeting to be held on December 22,2015 Ulysees O.Wingo Sr. Masten District Council Member Conditions for Masten District Food Store Licenses 1. Hours of store operation shall be between 7:00 am to 11:00 pm Sunday-Thursday and 7:00 am and midnight Friday and Saturday unless otherwise approved by Common Council. 2. Must have two security cameras"At Point of Sale";one at Entrance pointing towards the register and one at Exit.Security cameras must record and store information for at least 30days. 3. All security cameras must be registered with the Buffalo Police Department for use regarding crime investigations. 4. "No Loitering"signs to be clearly posted and enforced by store employees. S. No spray painted,hand painted,or air-brushed signage or graphics on building. 6. Must have trash receptacles outside store and must be maintained;all trash,store boxes,store pallets,etc. should be stored in a dumpster out of the public sight and should be picked up regularly to prevent the attraction of rodents. 7.No outside signage advertising tobacco,gambling(lottery),or alcohol. 8.No selling of loose items,i.e.cigarettes,diapers,etc. 9.No selling of drug paraphernalia of any type. 10.No payphones outside of store. 11.AII windows should be clean and free of dirt,grime and debris;no block windows. 12.All mechanical equipment must be in working order. 13.All broken windows must be repaired within 72 hours 14.No smoking in building. 15.Any graffiti must be removed within 72 hours. 16.No vehicles to be parked on sidewalks around business. 17.Snow should be shoveled around store grounds;snow should also be removed from fire hydrants as stated in the city ordinance;and snow should be removed from around bus stops as part of good customer service for our district as business owners. 18.All store items should be price marked and receipt available for customers upon request. 19. No expired food is to be sold. 20. No selling of prepared food without proper Erie County Health Department License's. 21.Store hours should be posted clearly for public view. 22.Store address is clearly posted in front of building for public view. 23. No sell of alcohol for the first 6 months on any new licenses 24.All and any parking spaces will be sufficiently lighted. As business owner/manager, I agree to all of the above conditions and will act appropriately to ensure the safety of customers,residents,and the community in order to make the Masten District a safe place to live,learns,does business,and raises a family. Further, I understand violations will be addressed strictly and could lead to fines,suspension,or revocation of Food Store license by the City of Buffalo Department of Permit and Inspection Services. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2556 U.WINGO,SR.DR.C BREEM LETTER OF CONCERN RE STOP SIGN REQUEST MEMORANDUM Gerald Chwalinski Council Member Ulysees O.Wingo Sr. December 15,2015 Letter of Concern from Dr.Charles Breem I would like to file the attached information for the next Common Council meeting to be held on December 22,2015 Ulysees O.Wingo Sr. Masten District Council Member REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO.2557 U.WINGO,SR.—C.PEOPLES-LETTER OF CONCERNS RE OLYMPIC AVE OFF RAMP Council Member Ulysees 0.Wingo Sr. December 15,2015 Letter of Concern from Crystal Peoples-Stokes to NYS DOT I would like to file the attached information for the next Common Council meeting to be held on December 22,2015 Ulysees O.Wingo Sr. Masten District Council Member December 1,2015 Mr. Darrell Kaminski Regional Director NYS DOT J WNY Region 5 100 Seneca St. Buffalo, NY 14203 Mr.Steve Stepniak Commissioner City of Buffalo I Dept.of Public Works Rm.502 City Hall Buffalo, NY 14202 Re:Olympic Ave.off ramp Safety Inquiry Dear Regional Director Kaminski&Commissioner Stepniak: It was recently brought to my office's attention that another vehicle was unable to stop at the Olympic Avenue Off-ramp and crashed through the chain- link fence and into a residence located at 291 Olympic Ave. I understand that there are physical limitations due to the steep grade of the off-ramp as it digresses from an elevated section of the Route 33 Kensington Expressway. While it is an accident, in the truest sense meaning not intentional, I want to inquire to see what can be done to protect our residents and homeowners'personal safety and reduce the propensity for further property damage. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS PETITIONS NO.2558 M.KASSEM,OWNER,USE 1347 KENSINGTON TO RE-ESTABLISH USE AS A GROCERY/DELI IN THE KENSINGTON/BAILEY SPECIAL DISTRICT (UNIV)(HRG 12/29) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.2559 M.MOHAMED,OWNER,USE 568 NIAGARA TO ESTABLISH USE AS A GROCERY STORE IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.2560 A.ALMONTASER,OWNER,USE 2082 SOUTH PARK TO RE-ESTABLISH USE OF AN EXISTING TAKEOUT FOOD STORE IN THE SOUTH PARK SPECIAL DISTRICT (SOUTH)(HRG 12/29) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.2561 M,PAYNE,AGENT,USE 1285 MAIN TO PLACE A GROUND SIGN (ELL)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO.2562 D.FRANCZYK-T.HIPPERT&O-PROVIDE BETTER SAFETY FOR THE CITIZENS REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT AND THE COMMISSIONER OF POLICE REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C.WYATT,CHAIRPERSON) NO.2563 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(WALKER)(PW)(CCP#15-2435,12/08) Mr.Wyatt moved: That Communication 2435 of December 8,2015,be received and filed and that the Provisional appointment of Marvin Walker,403 Dartmouth Ave, Buffalo, NY 14215 at the Intermediate Salary of$32,823.00 is hereby approved. PASSED AYES-9 NOES-0 NO.2564 APPOINT JR EQUIPMENT OPERATOR(TEMP)(INTER)(KERR)(PW) (CCP#15-2436,12/08) Mr.Wyatt moved: That Communication 2436 of December 8,2015,be received and filed and that the Temporary appointment of Roland Kerr,30 Eldon St, Buffalo NY 14215 at the Intermediate salary of$25,100.00 is hereby approved. PASSED AYES-9 NOES-0 NO.2565 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(DIXON)(PW) (CCP#15-2437,12/08) Mr.Wyatt moved: That Communication 2437 of December 8,2015, be received and filed and that the Provisional appointment of Daniel Dixon,78 Comstock Ave, Buffalo NY 14215 at the Intermediate salary of$27,313.00 is hereby approved. PASSED AYES-9 NOES-0 NO.2566 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CCP#15-2458,12/08) Mr.Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK,JR.,CHAIRMAN) NO.2567 CONSTITUENT CONCERNS FENCE AROUND ST.ANN'S CHURCH&SHRINE(CP)(CCP#15-2428,12/08) Mr.Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2568 SAFETY CONCERNS ON WEST FERRY FOR THE WINTER(CP) (CCP#15-2429,12/08) Mr.Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2569 ABANDONMENT AND SALE-EAST AND WEST MARKET STREET BETWEEN PERRY AND SCOTT STREETS(FILL)(STRAT PLAN) (ITEM NO.2328,C.C.P.,DEC.8,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to abandon and sell East Market Street between Perry and Scott Streets(approximately 18,950 sq.ft.)West Market Street between Perry and Scott Streets(approximately 18,775 sq.ft.)to Mr.William Paladino on behalf of 5277 Group, LLC,and/or a corporation,partnership or other legal entity to be designated by 5277 Group, LLC and approved by the Office of Strategic Planning("Developer"),295 Main Street,Suite 210, Buffalo, New York 14203,to use for off-street parking and green space in conjunction with Developer's project at 199 Scott Street,provided the following conditions are met: 1.The Department of Public Works, Parks and Streets and Buffalo Sewer Authority have no objections to the abandonment. 2. Developer 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. Developer 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 by the Department of Public Works, Parks and Streets,the City of Buffalo's Corporation Counsel's Office and any utility company and other interested persons/entities that may be affected or impacted. 4. Developer 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, Parks and Streets and the City's Corporation Counsel's Office. 5. Developer 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. 6. Developer agrees to keep the Department of Public Works, Parks and Streets apprised of the construction project and that the Department of Public Works, Parks and Streets monitor the progress of any right-of-way concerns or issues,if and when they should arise. 7. Developer 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. 8. Developer 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 9. Developer agrees to any and all other terms deemed necessary by the City of Buffalo's Corporation Counsel's Office. 10.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. 11.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 is properly filed in the Erie County Clerk's Office. That the Common Council hereby approves the proposed abandonment and sale of East Market Street between Perry and Scott Streets and West Market Street between Perry and Scott Streets in the amount of$226,400.00 to 5277 Group, LLC and/or a corporation,partnership or other legal entity to be designated by 5277 Group, LLC and approved by the Office of Strategic Planning. PASSED AYES-9 NOES-0 NO.2570 REPORT OF SALE-190 PERRY(FILL)(STRAT PLAN) (ITEM NO.2485,C.C.P.,DEC.8,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval; That the offer from Mr.William Paladino,on behalf of 5277 Group, LLC or an entity and/or a corporation,partnership or other legal entity to be designated by 5277 Group, LLC and approved by the Office of Strategic Planning("Developer"),295 Main Street,Suite 210 Buffalo, New York,in the amount of Four Hundred Seven Thousand Dollars($407,000.00)for the purchase of 190 Perry be and hereby is accepted on condition of the following: 1.That the Developer submit a detailed site plan of the project for approval by the City of Buffalo Planning Board(if necessary)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 Ordinances of the City of Buffalo. 2.That the Developer submit to the Office of the Division of Real Estate evidence of equity capital and mortgage financing necessary for the completion of the project,which shall be submitted prior to closing. 3. 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 the 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 Conversation 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 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. 4. Developer shall execute and Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said document to be form and substance acceptable to the City in the City's sole discretion.All provisions contained in said agreement shall run with the land constituting the property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the property. 5. Developer agrees to pay for all costs associated with any and all removal,relocation,alter and/or decommissioning of any utilities/facilities including, but not limited to,light/utility poles from the property if it is determined(and if the City agrees with such determination). 6.The Buffalo Sewer Authority has facilities in the area in question,specifically a 24"VT and associated MH's that run through 190 Perry(a/k/a W. Market),which are necessary for public use and may not be infringed upon.The Buffalo Sewer Authority has indicated that a permanent easement will be required with prohibition of permanent structures within. 7. Developer will provide the City with any easement rights and access agreements,if necessary,satisfactory to the City in the City's sole discretion. 8. Developer 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. 9. Developer agrees to any other terms and conditions deemed necessary by the City of Buffalo Corporation Counsel's office. That the Common Council hereby authorizes pertinent City personnel to take such steps,actions and prepare documents as deemed necessary by the Corporation Counsel's Office for the transfer of title and that the Common Council hereby authorize the Mayor to execute the deed and any other documents deemed necessary by the City's Corporation Counsel's Office. PASSED AYES-9 NOES—0 NO.2571 APPROVAL OF THE ABANDONMENT AND SALE OF EAST MARKET STREET AND WEST MARKET STREET TO 5277 GROUP,LLC(FILL) (ITEM NO.2488,C.C.P.,DEC.8,2015) Mr.Golombek moved: That the above item be,and the same hereby is,returned to the Common Council without recommendation; That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate,to abandon and sell East Market Street (approximately 18,950 sq.ft.)and West Market Street(approximately 18,775 sq.ft.)to 5277 Group, LLC("Developer")and/or a corporation,partnership or other legal entity to be designated by 5277 Group, LLC and approved by the Office of Strategic Planning in the total amount of Two Hundred Twenty- Six Thousand Four Hundred Dollars($226,400.00),subject to the following conditions: 1. 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 Developer 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. Developer 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, Parks and Streets,the City of Buffalo Corporation Counsel's Office and any utility company and other interested persons/entities that may be affected or impacted. 3. Developer 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, Parks and Streets and the City's Corporation Counsel's Office. 4.The Planning Board, Department of Public Works, Parks and Streets,and the Buffalo Sewer Authority recommend and approve the abandonment and sale of East Market Streets and West Market Street. 5. Developer 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. Developer agrees to keep the Department of Public Works, Parks and Streets apprised of the construction project and that the Department of Public Works, Parks and Streets monitor the progress of any right-of-way concerns or issues,if and when they should arise. 7. Developer agrees to sign a Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said document to be form and substance acceptable to the City in the City's sole discretion. 8. Developer further agrees to any and all other terms deemed necessary by the City of Buffalo Corporation Counsel's Office. 9.The official-granting of the easements interests over,under and near the public right-of-way being sold will general not become effective until the deed reserving easements rights and/or easements are filed in the Erie County Clerk's Office. 10.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. 11. Developer 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. That the Common Council hereby authorizes the Mayor to execute all the necessary documents including,but not limited to,the deed in order to effectuate transfer of title of East Market Street and West Market Street between Perry and Scott Streets,such deed to be in form and substances acceptable to the Corporation Counsel's Office and to include standard indemnity and release as to all site and environmental conditions;and that the Common Council hereby 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;and that the Common Council hereby authorizes pertinent City personnel to enter into all 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. PASSED AYES—9, NOES-0 NO.2572 CITY WIDE BROADBAND MUNICIPAL INTERNET(PW) (CCP#15-2344,11/24) Mr.Golombek moved: That the above item be the same and hereby is Referred to the Committee on Finance ADOPTED NO.2573 J.JANOWS KI-DISINTEG RATION OF CHATHAM AVE BTWN LINCOLN PKWY&ELMWOOD(NORTH) (CCP#15-2174,10/27) Mr.Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2574 D.FUNKE-REQUEST COUNCIL SIGN PETITION RE NEW SUSTAINABLE FUNDING FOR PUBLIC TRANSPORTATION BLDG NEW RAIL STATIONS&SPECIFIC LIGHT RAIL EXT (CCP#15-2049,10/13) Mr.Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (CHRISTOPHER P.SCANLON,CHAIRMAN) NO.2575 FOOD STORE LICENSE(NEW)1347 KENSINGTON A/K/A 1531 KENSINGTON(UNIV)(DPIS) (ITEM NO.2441,C.C.P.,DEC.8,2015) 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 Commissioner of Permits and Inspections Services hereby approves the application of Mahmmod Kassem d/b/a Folden Farms to operate a food store located at 1347 Kensington a/k/a/1351 Kensington. PASSED AYES 9, NOES-0 NO.2576 USED CAR DEALER-283 BROADWAY(ELL)(DPIS) (ITEM NO.2442,C.C.P.,DEC.8,2015) 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 Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Terrence McBurrows d/b/a TMCB Cars,located at 283 Broadway,upon the following conditions: 1.Cars must be clean,external and internal 2. During snow months,snow must be removed from the cars daily and area where cars displayed free from snow 3. No flag streamers 4. No inflatable animated characters 5. Professional permanent signage on the building,no handwritten signage in public view 6. Lot must be lit during hours of darkness when lot is open for business 7.All cars in the lot must be in working order and able to pass NYS inspection requirements 8. No junk cars in the front lot or viewable to the public. 9. No repairs outside of enclosed building 10. Limit of 12 cars for sale on front lot PASSED AYES—9, NOES-0 NO.2577 BOND RESOLUTION-HIGHLAND PARK PROJECT,PHASE I-CHALMERS AVENUE EXTENSION (ITEM NO.2451,C.C.P.,DEC.8,2015) That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the City's share of the cost of acquisition of land and roadway improvements constructed thereon located in the Highland Park Project Phase I residential development area in the City,in order to provide an extension of Chalmers Avenue as part of such project,at the estimated total cost of$1,219,800.00. PASSED AYES—9, NOES—0 NO.2578 R.SANTOS,OWNER,TO USE 492 SEVENTH TO CHANGE USE FROM 2 FAMILY DWELLING TO CHURCH IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT(ELL)(DPIS) (ITEM NO.2470,C.C.P.,DEC.8,2015) 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 R.Santos,Owner,to change a two family dwelling to a church,located at 492 Seventh in the Niagara River Coastal Review District. PASSED AYES—9, NOES—0 NO.2579 K.COLLINS,OWNER;TO USE 965 KENSINGTON TO REESTABLISH A TAVERN WITH A RESTAURANT IN THE KENSINGTON/BAILEY BUSINESS DISTRICT(MASTEN)(DPIS) (ITEM NO.2471,C.C.P.,DEC.8,2015) 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 K.Collins,Owner,to reestablish use of a tavern with a restaurant located at 956 Kensington in the Kensington/Bailey Business District. PASSED AYES 9, NOES-0 NO.2580 M.COLLINS,OWNER,TO USE 2227 GENESEE TO REOPEN AN EXISTING BAR AND RESTAURANT IN THE GENESEE-EAST DELAVAN SPECIAL ZONING DISTRICT(LOV)(DPIS) (ITEM NO.2472,C.C.P.,DEC.8,2015) 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.Collins,Owner,to reopen an existing bar and restaurant under new ownership located 2227 Genesee in the Genesee-East Delavan Special Zoning District. PASSED AYES—9, NOES—0 NO.2581 K.SCRITCHFIELD,AGENT,USE 51 BROADWAY TO ERECT A BILLBOARD ON PRIVATE PROPERTY IN FRONT OF CONVENIENCE STORE/GAS STATION(ELL) (C.C.P.#15-2494,DEC 8)(#15-2384,11/24) That the above item be and hereby is referred to the Common Council without a recommendation: Mr.Scanlon now moves that the above item be recommitted to the Committee on Legislation. ADOPTED NO.2582 FOOD STORE LICENSE(NEW)-1105 BROADWAY(FILL)(DPIS) (ITEM NO.2359,C.C.P.,NOV.24,2015) 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 Commissioner of Permits and Inspections Services hereby approves the application of Mohammed Siddiqui d/b/a Madina Pharmacy Inc.to operate a food store located at 1105 Broadway. PASSED AYES-9 NOES—0 NO.2583 J.BARTIMOLE-WNY HEALTHCARE ASSOC-RESPONSE TO RES "SUPPORT FOR SAFE STAFFING FOR QUALITY CARE ACT" (CCP#15-2372,11/24) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2584 K.BOYLE-REPEAL MEDICAL DEVICE TAX (CCP#15-2373,11/24) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2585 FOOD STORE LICENSE(NEW)-490 CONNECTICUT STREET(NIA)(DPIS) (ITEM NO.2031,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 Commissioner of Permits and Inspections Services hereby approves the application of Qais Alhaj d/b/a S&C Mart Inc.to operate a food store located at 490 Connecticut Street. PASSED AYES-9 NOES—0 NO.2586 W.KERESZTES-RESPONSE RESOLUTION SEX OFFENDER REPORTING INQUIRY (CCP#15-2051,10/13) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.2587 PROPOSED AMENDMENTS TO ORDINANCES RE BOUNCERS(PRIDGEN) (CCP#14-1085,05/13) Mr.Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO.2588 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON DECEMBER 16,2015 COUNCIL MEMBER FONTANA,FOR HIMSELF AND COUNCIL MEMBERS FEROLETO, PRIDGEN,FRANCZYK,WINGO,ST.,RIVERA,GOLOMBEK,JR.,SCANLON,AND WYATT, SUBMITTED THE FOLLOWING RESOLUTION: SUPPORT FOR BUFFALO PEACEMAKERS Whereas,community leaders have a responsibility to the goal of deterring violent gang crime; Whereas,integral to accomplishing that goal is City investment in Buffalo Peacemakers,an organization known throughout the region for its excellent work in youth mentorship programs,conflict resolution,security,and gang violence prevention;and Whereas, Buffalo Peacemakers will no longer be able to effectively continue its community-based mission without renewed and increased financial support from The City: Now,Therefore Be It Resolved that The City of Buffalo Common Council 1)Encourages Mayor Brown to consider increasing funding to Buffalo Peacemakers to help expand their community outreach and ensure that their efforts continue to benefit The City;and 2)Directs Council Staff to forward copies of this resolution to Mayor Brown. ADOPTED NO.2589 SPONSOR: MR.SCANLON REQUEST FOR CONSIDERATION TO RENAME THE FORMER CAZENOVIA LIBRARY IN HONOR OF PATRICIA QUINLIVAN WHEREAS:South Buffalo native Patricia Quinlivan has had a lifelong passion for reading,which she has gladly shared with just about everyone she encounters;and WHEREAS:While raising her four children: Kathleen,Mary,John,and Nora,Mrs.Quinlivan made sure they went to the Cazenovia Library twice a week to take out books.She and her husband continued to visit the library regularly,even long after their children had grown;and WHEREAS:Although a secretary in her early years,through her willingness to volunteer,she eventually became the librarian at St.Thomas Aquinas School Although she retired,her heart never left the school and she eventually returned,where she continued working in the library until the school closed in 2006;and WHEREAS: It was during her time at St.Tommy's that she was able to inspire thousands of children,many of whom as adults,still credit her with instilling in them a true love for reading;and WHEREAS:Mrs.Quinlivan epitomizes the word community. In addition to her time spent at the school,she's been an active parishioner at St.Thomas Aquinas Church Since 1954,particularly as a member of the Rosary Altar Society. In 2009,she became a volunteer at Mercy Hospital which she continues to enjoy today,and is a proud member of the Lucky Ladies Bowling Team;and WHEREAS:Mrs.Quinlivan is rightfully so,one of the most beloved members of the South Buffalo Community.She continues to touch the lives of anyone she encounters,as she has been doing for her entire life;and WHEREAS:To honor and thank Mrs. Patricia Quinlivan for her decades of service to the community,specifically in regards to reading,it is the desire of many members of the community to formally rename the Cazenovia Library the Patricia Quinlivan Library;and Now,Therefore, Be It Resolved: Section 286-3 of the Buffalo City Code authorizes a member of the Common Council,by resolution,to request the Common Council to consider the renaming of a public building;and Be It Further Resolved: That this Honorable Body: 1)Approves the request to rename Cazenovia Library the"Patricia Quinlivan Library" 2)That the City Clerk forward copies of this resolution be sent to the Department of Public Works and Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION NO.2590 IN THE COMMON COUNCIL OF THE CITY OF BUFFALO, ON DECEMBER 22,2015 COUNCIL MEMBER WINGO,SR.SUBMITTED THE FOLLOWING RESOLUTION: INITIATE DISCUSSION OF STRATEGIC PLAN TO REHABILITATE CITY STOCK OF ABANDONED CHURCHES Whereas,St.Matthew's Church,located at 1066 East Ferry Street first opened its doors to the East Side neighborhood in 1928;and Whereas,for close to 70 years this Romanesque style structure served the diverse parish community with a great deal of emphasis being placed on education and compassion for Others;and Whereas,sadly,the Buffalo Diocese dosed the doors to St.Matthew's in 1998 and it was purchased by a congregation,who abandoned the project just six short years later,leading to a 2006 acquisition of the property when it was sold at City auction for$3,500 to another ambitious owner who fell short in his efforts to raise funds to rehab;and Whereas,few years later,a local Bishop negotiated a settlement with the City and despite his enthusiastic leadership and vision to transform St. Matthew's,securing the necessary funds proved to be quite difficult;and Whereas,today,the building's clear descend from grace is evident to all who pass by as it sits battered,forgotten,neglected and open to the elements: Now,Therefore Be It Resolved that The City of Buffalo Common Council- requests that we open a dialogue between the Buffalo Common Council, Preservation Board,Office of Strategic Planning, Department of Permits and Inspections,Mayor's Impact Team and the Law Department to discuss future use for not only this property,but the many other abandoned churches throughout the City that are experiencing the same costly rehabs and thus dying the same gradual deaths. ADOPTED NO.2591 BUDGET AND PERSONNEL AMENDMENT 25-HUMAN RESOURCES 1054 CIVIL SERVICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to 25-Human Resourees-1054 Civil Service which currently reads: 2 Personnel Assistant(Civil Service) $37,130-$41,529 1 Typist $34,012-$37,378 Is hereby amended to read: 3 Personnel Assistant(Civil Service) $37,130-$41,529 0 Typist $34,012-$37,378 It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary. GLADYS HERNDON-HILL COMMISSIONER OF HUMAN RESOURCES AND DONNA J. ESTRICH,COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS,hereby certify that the above change is necessary for the proper conduct,administration and performance of essential services of that department.We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES—9 NOES-0 NO.2592 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. Robin L. Dmochowski ADOPTED NO.2593 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13`h floor City Hall, Buffalo, New York,unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 29,2015 at 9:45 o'clock A.M. Committee on Finance Tuesday, December 29,2015 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, December 29,2015 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 29,2015 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 whereb7 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.2594 ADJOURNMENT On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 2:45 P.M. GERALD A.CHWALINSKI CITY CLERK