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HomeMy WebLinkAbout12-1016NO. 19 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 16, 2012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE October 16, 2012 FINAL MAYOR 1. Designation of Nominee for Appt -Bd of Trustees -Bflo & EC Library(Berlow) APP MAYOR - EXECUTIVE 2. Cit Serv- Submission of Monthly Report September 2012 R &F 3. Plan Bd -SEQR Negative Declaration -61 Johnson Park(Fill) R &F 4. Plan Bd -SEQR Negative Declaration -298 Main St(Fill) R &F 5. Strat Plan- Report of Sale -81 Appenheimer(Mas) APP 6. Strat Plan- Report of Sale -323 Box(Fill) APP 7. Strat Plan- Report of Sale -417 Breckenridge(Nia) APP 8. Strat Plan- Report of Sale -128 Genesee(Ell) LEG 9. Strat Plan- Report of Sale -75 Young(Fill) APP COMPTROLLER 10. Certificate of Necessity - Public Works Capital Projects R &F COUNCIL PRESIDENT 11. Ensuring Contract Compliance With the Bflo Living Wage Ord R &F PUBLIC WORKS 12. Notification Serials- 10641- 42(Waive 45 Days) R &F 13. Change in Contract - Asarese Matters CC -Gym Floor(North) APP 14. Perm to Hire Consultant -Marcy Casino Deck Reconst(Del) APP 15. Report of Bids - Permanent Water Cut Restoration South Park & Bertha APP 16. Report to Engage the Services of Consulting Eng- Emergency Repairs Ellicott and Goodrich Garage APP 17. Appoint Heavy Equipment Operator(Prov)(Max)(Cooley) CS POLICE 18. Perm to Accept Computer Equipment APP FIRE 19. Purchase Mobile Interoperable Comm Vehicle Center for BFD APP PERMITS AND INSPECTIONS 20. Food Store License(New) -98 Grant(Nia) APP 21. Food Store License(New) -224 Virginia(Ell) LEG 22. Lodging House License -391 Washington(Ell) LEG 23. Restaurant Dance License Renewal -2192 Niagara(North) APP 24. Second Hand Dealer -561 Delaware(aka 93 Allen)(Fill) APP 25. Appoint Chief Building Inspector(Corrected)(Temp)(3 rd Step)(Brodfuehrer) APP ADMINISTRATION AND FINANCE 26. Sale of Vehicles /Equipment(Various) APP 27- 26A. Waiver of Performance Bond APP CITY CLERK 28- 27. Application for Restricted Use Permit Downtown Entertainment Review District -79 W. Chippewa(10 /26/2012) LEG 29- 28. Application for Restricted Use Permit Downtown Entertainment Review District -79 W. Chippewa(10 /27/2012) LEG 30- 29. Liquor License Applications R &F 31- 30. Leaves of Absence R &F 32- 30A. Appoint Common Council Staff(Central Staff)(Montour) ADOPT 33- 30B. Appoint Common Council Staff(Del)(Weiss) ADOPT 34- 31. Notices of Appointments - Council Interns ADOPT 35- 32. Notices of Appointment - Seasonal R &F 36- 33. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 37- 34. M. And rzejewski-Trocai re College Req for Parking Spot and a No Standing Zone LEG, PW 38- 35. Buffalo Water Board Monthly Report- September 2012 R &F 39- 36. LP Ciminelli Board Packet Documents - September 2012 ED 40- 37. Empire State Dev- Notice of Lead Agency and Project Update - Canalside Project CD 41- 37A R. Fontana -T. Barrett - Request to Speak Re Treatment of Injured Firefighters at ECMC(Great Lakes Physicians) FIN 42- 38. L. Frasca -Info Reducing Cats /Kittens in Neighborhoods R &F 43- 39. P. Freeman - Request to Speak Re Proposed Plan Mixed -Used Comm Sports, Entertainment and Cultural Complex CD 44- 39A. Russell -SEQRA Notice of Determination - Negative Declaration 392 Kenmore Ave ADOPT 45- 40. N. Roman -Bflo & EC Community Plan to End Homelessness CD 46- 40A. D. Smith - Independence Producers Alliance- Concerns Apollo Media Center CD 47- 40B. D. Smith -LP Ciminelli- Reconstruction of BPC #59 ED PETITIONS 48- 41. S. Malliaris, Owner, Use 451 Elmwood to Expand & Enclose an Outdoor Cafe(Nia)(10 /23) LEG, CPBD 49- 42. I. Karanovic, Owner, Use 1946 Clinton for A Second Y�1 3► 16X9[�7►:�6��i]�K�7► 1► 1:�:��::�► 69�i]:i::I�K�1�1►[yli► 1��:1►[�Z. yDII �.9�:�TI Nh 51- Hand Dealer(Lov)(hrg 10/23) LEG,CPBD 50- 43. D. Mika, Agent, Use 641 Hertel to Erect a Ground Sign(North)(no hrg) LEG,CPBD RESOLUTIONS Com 35 Oct 2 69- 43A. Golombek Disch CD #22 C.C.P. 10/2/12 Req for Authorization of Temporary FINANCE Access Agmt LP Ciminelli, Inc to Enter 53- 3. Portion of MLK Jr Prk ADOPT D/C APP 70- 44. Golombek,etc Waterfront Elementary School and East HS Turnaround Plans ADOPT 71- 45. Scanlon Transfer of Funds -PW Planning APP 72- 46. LoCurto Preservation of Buffalo Zoo Gates ADOPT 73- 47. Russell Clarifying The City's Food Store Licensing, Closure & No 40 Oct 2 D. Bradley- Statement in Support of Rescinding the Casino Contract Appeals Process ADOPT RES'S,REM LEG 74- 47AA. Scanlon Waive Band Shell Rental Fee for WNY United Against Drug & No 46 Oct 2 C. Scanlon -Help to Those Facing Foreclosure -Caz Resource Ctr -10/18 Alcohol Abuse, Inc. ADOPT 75- 47A. Smith Council Staff Appointment(Montour) ADOPT 76- 48. Smith Transfer Outer Harbor Lands to COB CD 77- 49. Smith Comm of Deeds - Public Duties ADOPT 78- 50. Smith Comm of Deeds ADOPT Y�1 3► 16X9[�7►:�6��i]�K�7► 1► 1:�:��::�► 69�i]:i::I�K�1�1►[yli► 1��:1►[�Z. yDII �.9�:�TI Nh 51- 1. Com 34 Oct 2 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 52- 2. Com 35 Oct 2 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 53- 3. Com 2 July 10 Buffalo Civic Auto Ramps, Inc 2012 -13 Budget(Bd Pkg) RECOMMIT COMMUNITY DEVELOPMENT APP 54- 4. No 39 Oct 2 D. Bradley - Gambling Joints and Buffalo 2012 R &F 55- 5. No 40 Oct 2 D. Bradley- Statement in Support of Rescinding the Casino Contract R &F 56- 6. No 46 Oct 2 C. Scanlon -Help to Those Facing Foreclosure -Caz Resource Ctr -10/18 R &F 57- 7. Com 1 Sept 4 Select HARBORcenter Dev, LLC as Preferred Developer for R &F 66- 16. Res 84 Oct 2 Ord Amd -Ch 511 Zoning -as it Relates to the Use Map(Russell) Webster Block(Mayor) RECOMMIT 58- 8. Com 18 Sept 4 Report of Sale -503, 515 and 523 Swan(EII)(Strat Plan) APP LEGISLATION 59- 9. No 4 Oct 2 G. Clementi, Agent, Use 715EImwood, Establish Restaurant and Out Door Cafe (Del)(hrg 10/9) APP 60- 10. No 50 Oct 2 S. Curtin, Agnet, Use 3149 Main St to Erect 1 Story Addition and Alterations To a 2 Story Masonry Restaurant (Univ)(hrg 10/9) APP 61- 11. No 51 Oct 2 J. Bacy, Agent, Use 2001 Elmwood -Free Standing Sign(North)(no hrg) APP 62- 12. No 52 Oct 2 B. Barnatozica, Agent, Use 1975 Main St for 2 Ground Signs(Mas)(no hrg) APP 63- 13. Com 10 Oct 2 SEQRORezoning 392 Kenmore (Univ)(CP) ADOPT 64- 14. Com 36 Oct 2 Application for Restricted Use Permit - Downtown Entertainment Review District -79 W. Chippewa(Cty Clk) APP 65- 15. No 45 Oct 2 M. Rountree - Zoning Referral to EC Envir & Planning -392 Kenmore Ave R &F 66- 16. Res 84 Oct 2 Ord Amd -Ch 511 Zoning -as it Relates to the Use Map(Russell) APP 67- 17. No 63 Oct 2 C. Auerbach, Agent, Rezone 392 Kenmore Ave(Univ)(hrg 10/2)( #53, 9/18) APP 68- 18. Com 33 July 24 Food Store(New) -776 Elmwood AKA 782 Elmwood(Del)(EDPI) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 16, 2012 AT 2:00 P.M. Present - Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith- 9 Absent - None -0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on October 2, 2012 were approved. FROM THE MAYOR NO. 1 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (BERLOW) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Sheldon M. Berlow, 33 Gates Circle, Buffalo, New York, 14209 Sheldon Berlow is an Associate Broker for Pyramid Brokerage Company specializing in commercial real estate sales, leasing and consulting services for national, regional and local companies. This the second time Mr. Berlow will serve on the Buffalo and Erie County Public Library Board of Trustees. Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. Mr. Smith moved: That the designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Sheldon M. Berlow, residing at 33 Gates Circle, Buffalo, New York, of Jessica Maglietto- Smith, residing at 480 Woodward, and Bernadette Taylor, residing at 143 Walnut, subject to confirmation by the Erie County Legislature, for a five (5) year term expiring December 31, 2017 be, and they hereby are approved. PASSED AYES - Fontana, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith 8 Noes - Franczyk 1 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2 SUBMISSION OF MONTHLY REPORT- SEPTEMBER 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of September 2012, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -DEQR NEGATIVE DECLARATION-6 1 JOHNSON PARK(FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article B (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Johnson Park Apartments /Offices Location: 61 Johnson Park Type of Action: Uncoordinated - Unlisted Description: Optima Design & Engineering, PLLC, on behalf of the Dyno Group is proposing the rehabilitation of the property located 61 Johnson Park, Buffalo New York. A sale of this Property is pending and as per the Optima Design & Engineering, the current owner is aware of this proposed use. The existing 2- story brick house is approximately 5,500 sq. ft. in area and is zoned R2,( Dwelling District) with space to accommodate 8 apartment units. Currently the first floor has three apartment units, the second floor has 4 apartment units and the attic has one apartment unit. The proposed scope of work will entail converting 1 apartment unit on the first floor into an accessible business office for a sole practitioner. The remaining 2 apartments units on the first floor will be accessible through a new ramp on the northwest comer of the building. Along with the apartments in the first floor, the second story and attic apartments will be renovated inclusive of new kitchens, living, dining and bedroom areas. The existing building facade will be renovated and will include brick re- pointing /repair, wood window and molding restoration, painting and similar cosmetic work to the building. Proposed site work will Include a new concrete terrace with garden wall at the main entrance facing Johnson Park, a new driveway; new landscaping on the site; and new concrete steps. New Parking will also be provided at the rear of the building with access from Tracy St. and will include parking for 12 vehicles, 2 of which will be accessible; new concrete walkways; new bike racks; new landscaping and re used wrought iron fencing that will be restored. The project will require a zoning variance and preservation approval. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will be a benefit to the community as this building has been in venous states of repair for many years always appearing to be incomplete. This project will take a historic building that needs attention and bring it back to it a former stateliness. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities and do not appear to be significant in magnitude or effect, There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator Room 901 City Hall Buffalo New York 14202- 716 551 -5085 Dated: S eptember 11, 2012 RECEIVED ND FILED NO.4 PLAN BD -DEAR NEGATIVE DECLARATION -298 MAIN ST (FILL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The White Building Location: 298 Main Street Type of Action: Uncoordinated - Unlisted Description: Kissling Interest LLC is proposing the renovation of the White Building located at 298 Main Street, Buffalo New York. The project involves the historic preservation and reconstruction of the existing building. The building is the current home of the Kiissling Interests, LLC who has owned the building since 2001. Over the years some of the tenants have moved to new locations creating a void in their building. The Kissling Group determined that residential units would be the most appropriate use for the vacated floors. The reconstruction plans will include the renovation of floors 7 -10 into 24 high end apartments. The 11 m Poor penthouse will contain 2 roof top apartments with outdoor roof gardens. The public corridors and elevator lobbies on 3 -9 are also slated for upgrades matching the work completed on the 2" floor. The ground floor lobby will undergo a complete renovation including upgrades to the Globe Market space that fronts on Cathedral Park. The project will be seeking LEED Silver Certification for the reconstruction initiative. The restoration and reconstruction project is qualified historic preservation project, having received approvals earlier this year from the Dept. of interior's National Parks Service for both Pads 1 & 2 of a Historic Preservation Certification Application. The state and federal historic preservation tax credits to be issued upon completion of the work and some limited sales tax deferrals by the City of Buffalo comprise a portion of The Kissling Interest's project financing, the balance of which is all privately funded. The Kissling Interest's is also seeking permission from the City of Buffalo to compete work in the Cathedral Park Right of Way that will reduce the City's sidewalk by approximately 6' and move the south curb to allow for the replacement of the current parallel parking with new angled parking on the one was street. Parking if approved by the Dept, of Public Works and other various departments would increase from 8 spaces to 22 spaces. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will allow for the continued stability of a building located on a prominent location in downtown Buffalo The identified potential negative impacts appear to he primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration. contact Mr. Martin Grunzweig Land Use Controls Coordinator Room 901 City Hall Buffalo New York 1420, 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 STRAT PLAN - REPORT OF SALE 81 APPENHEIMER (MAS) Report of Sale 81 Appenheimer, 670' E Fillmore Lot Size: 240'x 249' Assessed Valuation: $20,900. (Masten District) The Office of Strategic Planning, Division of Real Estate has received from Mr. Bennie M. Caudle of Ben's Tire Center Inc., 100 Ranch Trail, Williamsville, New York 14221 to purchase 81 Appenheimer Street. Mr. Caudle owns Ben's Tire Center, Inc. located at 570 East Delavan Avenue. He also owns other properties in the surrounding area at 530, 532, 540, 558 and 560 East Delavan and 41 Appenheimer, which are all adjacent to 81 Appenheimer. He intends to use the property for expansion of his tire business, including parking and storage of containers. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Cents ($.30) per square foot to Forty Seven Cents ($.47) per square foot. Mr. Caudle has agreed and is prepared to pay Eighteen Thousand Dollars ($18,000.), Thirty Cents ($.30) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 81 Appenheimer Street to Mr. Bennie M. Caudle in the amount of Eighteen Thousand Dollars ($18,000.). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated October 16, 2012, be received and filed; That the offer from Mr. Bennie M. Caudle, on behalf of Ben's Tire Center Inc., 100 Ranch Trail, Williamsville, New York, in the amount of Eighteen Thousand Dollars ($18,000.00) for the purchase of 81 Appenheimer, 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. 6 STRAT PLAN - REPORT OF SALE -323 BOX (FILL) Report of Sale 323 Box, 444' E Junction RR Lot Size: 35'x 11 8' Assessed Valuation: $2,600. ( Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. George Sanders, 316 French Street, Buffalo, New York 14211 to purchase 323 Box Avenue. Mr. Sanders owns and resides at 316 French, which is adjacent to 323 Box. He intends to grade and clean the area and use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate shows sales in the area range from Thirty Seven Cents ($.37) to Fifty Seven Cents ($.57), per square foot. Mr. Sanders has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.), approximately Forty Five Cents ($45) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. Conditions to the sale are: 1. buyer agrees to use shrubs /plantings to secure the lot 2. no fencing will be allowed 3. no permanent structures I am recommending that Your Honorable Body approve the sale of 323 Box to Mr. George Sanders in the amount of One Thousand Eight Hundred Dollars ($1,800.). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated October 16, 2012, be received and filed; That the offer from Mr. George Sanders, 316 French Street, Buffalo, New York, in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 323 Box, 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. 7 STRAT PLAN - REPORT OF SALE 417 BRECKENRIDGE (NIA) Report of Sale 417 Breckenridge, 62.90'W Baynes Lot Size: 31'x 44' Assessed Valuation: $2,700. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gregory M. Weigel and Ms. Edyta E. Syta, 411 Breckenridge Street, Buffalo, New York14213 to purchase 417 Breckenridge Street. Mr. Weigel and Ms. Syta own and reside at 411 Breckenridge Street which is adjacent to 417 Breckenridge. They intend to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. 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 One Dollar ($1.) per square foot to One Dollar and Forty One Cents ($1.41) cents per square foot. Mr. Weigel and Ms. Syta have agreed and are prepared to pay One Thousand Six Hundred Dollars ($1,600.), One Dollar ($1.) per square foot for the subject property. 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 417 Breckenridge Street Avenue to Mr. Gregory M. Weigel and Ms. Edyta E. Syta in the amount of One Thousand Dollars ($1,600.). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated October 16, 2012, be received and filed; That the offer from Mr. Gregory M. Weigel and Ms. Edyta E. Syta, 411 Breckenridge Street, Buffalo, New York, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 417 Breckenridge, 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. 8 START PLAN - REPORT OF SALE -128 GENESEE (ELL) Report of Sale 128 Genesee, 37.81'W Oak Lot Size: 22'x 80' Assessed Valuation: $1,800.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Rocco Termini, on behalf of Signature Development, 391 Washington Street, Buffalo New York 14203 to purchase 128 Genesee Street. Signature Development intends to develop the property for commercial use. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Signature Development commissioned Mr. Scott Carlon, real estate appraiser, of CAR Associates to estimate the fair market value of 128 Genesee Street. He has estimated the fair market value to be Two Thousand Dollars ($2,000.). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Signature Development has agreed and is prepared to pay Two Thousand Dollars ($2,000.) for the subject property. 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 128 Genesee Street to Signature Development, and /or entity to be formed in the amount of Two Thousand Dollars ($2,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 9 STRAT PLAN - REPORT OF SALE 75 YOUNG (FILL) Report of Sale 75 Young, 200' S of Ashley Lot Size: 30'x 120' Assessed Valuation: $1,600. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Imamuzzaman Chowdhury, 73 Young Street, Buffalo, New York 14212 to purchase 75 Young Street. Mr. Chowdhury owns and resides at 73 Young Street which is adjacent to 75 Young Street. He intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) per square foot to One Dollar ($1 .) per square foot. Mr. Chowdhury has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200.), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 75 Young Street Avenue to Mr. Imamuzzaman Chowdhury in the amount of Two Thousand Two Hundred Dollars ($2,200.). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated October 16, 2012, be received and filed; That the offer from Mr. Imamuzzaman Chowdhury, 73 Young Street, Buffalo, New York, in the mount of Two Thousand Two Hundred Dollars ($2.200.00) for the purchase of 75 Young, 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, NOE 0 FROM THE COMPTROLLER NO. 10 CERTIFICATE OF NECESSITY - PUBLIC WORKS CAPITAL PROJECTS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $15,000 be transferred and reappropriated as set forth below: From: 30000106 - 445100 Planning: Capital Projects $15,000 To: 31810006 - 445100 1318 Niagara Street Remediation $15,000 Byron W. Brown Mayor Mark J. F. Schroeder Comptroller RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 11 ENSURING CONTRACT COMPLIANCE WITH THE BUFFALO LIVING WAGE ORDINANCE Dear Mr. Chwalinski: Please file the attached notice of information regarding the Buffalo Living Wage Ordinance for the next Common Council meeting scheduled for Tuesday, October 16, 2012; Thank you for your attention to this matter. Richard A. Fontana Council President Lovejoy District Council Member To: All City of Buffalo Departments & Boards October 2, 2011 Subject: Ensuring Contract Compliance with the Buffalo Living Wage Ordinance It has recently been brought to my attention that certain City departments and other entities may not be fully complying with section 96 -19 of the City Code, the "Buffalo Living Wage Ordinance." The Buffalo Living Wage Ordinance imposes certain duties upon City departments, boards and other entities. These include a requirement under subsection E(1) of the ordinance that, "simultaneous with the submission of the bid for the proposed contract, the department authorized to enter into the contract shall obtain an application for contract from the prospective employer and shall forward a copy to the Commission on Living Wage." Another requirement can be found in subsection (F)(2), which requires that "each service contract to which these regulations apply shall provide that violation of this section shall enable any aggrieved employee to file an action against the contractor for damage. In addition, such service contract shall also indicate that the City has the discretion to terminate the service contract and pursue any other legal remedies available to the City if the contractor fails to comply with this section." Other than contracts for the purchase of materials, the Common Council will not approve any contract submitted to it unless it can first be verified that such contract fully complies with the City's Living Wage Ordinance requirements as evidenced by either: 1. The contract including language consistent With that found in the enclosed "Living Wage Language for City Contracts," and the department or other City entity making the contract certifying in writing that the enclosed "Application for Contract with the City of Buffalo" has been obtained and forwarded to the Living Wage Commission, OR 2. The City Law Dept. certifying in writing that the Buffalo Living Wage Ordinance does not apply to the contract, along with a brief explanation of why it does not apply. To assist you in complying with these requirements, please find enclosed a copy of the "Buffalo Living Wage Ordinance" (City Code § 96 -19) and the Living Wage Commission's "Living Wage Language for City Contracts" and "Application for Contract with the City of Buffalo." If you have any question regarding your duties under the Buffalo Living Wage Ordinance, please contact the City of Buffalo Living Wage Commission at 716 -852- 4191. Respectfully, Richard A. Fontana Common Council President Lovejoy District Council Member RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 NOTIFICATION SERIALS 10641 -42 (WAIVE 46 DAYS) Notification Serial # 10641 No Standing — Repeal on Erie Street, south and east sides between Erie Basin Marina and Lakefront Boulevard ( Fillmore District) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Erie Street, south and east sides At all times between Erie Basin Marina and Lakefront Boulevard This action is being taken to allow for additional short -term parking near the marina, naval park and other attractions in the inner harbor area. Notification Serial #10642 Install Permissive Parking on Erie Street, south and east sides between Erie Basin Marina and Lakefront Boulevard ( Fillmore District) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD — DAILY Erie Street, south and east sides 2 Hour Parking Between Erie Basin Marina 8 a.m. to 5 p.m. And Lakefront Boulevard Monday to Friday This action is being taken to allow for additional short -term parking near the marina, naval park and other attractions in the inner harbor area RECEIVED AND FILED NO. 13 CHANGE IN CONTRACT ASARESE MATTERS COMMUNITY CENTER GYM FLOOR RECONSTRUCTION JOB #1173 NORTH DISTRICT PRIOR COUNCIL REFERENCE: Item No. 11, CCP 10/02/12 1 hereby submit to Your Honorable Body the following changes for the Asarese Matters Community Center, Gym Floor Reconstruction, Miller Enterprises, C #903000875. While reconstructing the gym floor the bleachers were found to be structurally unstable and a safety hazard to the public. Also during reconstruction it was found that the flashing joints needed to be reconstructed so the gym floor could be properly installed. 1. Remove and dispose of existing bleachers. Add $ 1,886.00 2. Reconstruct roof flashing joints. Add $ 2,158.00 The foregoing change results in a net increase in the contract of Four Thousand Forty Four and 00/100 Dollars ($4,044.00). Summary: Original Contract Amount $64,000.00 Amount of This Change Order ( #1) $ 4,044.00 Revised Contract Amount $68,044.00 Funding for this work is being changed from 34323106 445100 - Buildings to 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated August 29, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $4,044.00 (Current Contract Amount $64,000.00 + Change Order #1 $4,044.00 for a Total Contract Amount of $68,044.00) for the Asarese Matters Community Center, Gym Floor Reconstruction to Miller Enterprises, C #93000875. The funds are available 35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 14 PERMISSION TO HIRE CONSULTANT MARCY CASINO DECK RECONSTRUCTION DELAWARE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for Deck Reconstruction, Marcy Casino. The scope of this work addresses the structurally deteriorated deck which must be completely replaced. The cost for consulting services is estimated not to exceed $45,000.00. Funds are available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 16, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award hire a consultant to provide architectural and engineering services for Deck Reconstruction, Marcy Casino. The cost for consulting services is estimated not to exceed $45,000.00. Funds are available in Account 35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 16 REPORT OF BIDS GROUP# 764 -D PERMANENT WATER CUT RESTORATION SOUTH PARK & BERTHA EMERGENCY REPAIR In obtaining these informal 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 Destro & Brothers Concrete Co., Inc. $9,925.00 411 Ludington Street Buffalo, NY 14206 Amherst Paving, Inc. $11,840.00 300 Meyer Road Amherst, New York 14226 Thomann Asphalt Paving Co. Did not submit bid 56 Gunville Road Lancaster, New York 14086 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award to Destro & Brothers Concrete Co., Inc. in the amount of $9,925.00 with a contingency amount of $2,500.00. Funds for this contract are available in #35314506 - 445100 and an account(s) to be named at a later date. 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 November 23 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated October 16, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the permanent water cut restoration at South Park and Bertha, emergency repair, in the Total amount of $9,925.00, with a contingency amount of $2,500.00 to Destro & Brothers Concreted Co., to be funded through Account #35314506 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 16 REPORT TO ENGAGE THE SERVICES OF CONSULTING ENGINEER FOR EMERGENCY REPAIRS ELLICOTT AND GOODRICH GARAGE (EGG) ELLICOTT DISTRICT We requested and will receive proposal from Clough Harbour & Associates (CHA) to provide Structural details for emergency repairs at (EGG) Parking Ramp. The Commissioner of the Public Works, Parks & Streets and Parking has declared an emergency and will enter into an agreement with CHA. The costs for consulting services are estimated not to exceed $ 5,000.00. The funds are available in account(s) to be named at later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated October 1, 2012, be received and filed; and That the Department of Public Works, Parks and Streets is hereby authorized to engage in an agreement with Clough Harbour & Associates to provide structural details for emergency repairs at Ellicott and Goodyear Garage Parking Ramp. The costs for consulting services are estimated not to exceed $5,000.00. Fund are available in account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 17 APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(MAX)(COOLEY) Appointment effective 10/09/2012 in the Department of Public Works, Parks and Streets to the Position of Heavy Equipment Operator, Provisional at the Maximum Salary of $40,353.00 Sean Cooley, 1000 Reserve Road, Buffalo, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 18 PERMISSION TO ACCEPT COMPUTER EQUIPMENT As you are aware, the New York State Division of Criminal Justice Services has established Crime Analysis Centers for the purpose of comprehensive picture of crime incidents through in -depth analysis, pattern identification, incident mapping, and crime trend recognition towards providing police departments with "real- time" data. The Buffalo Police Department houses the Erie Crime Analysis Center in Buffalo Police Headquarters. Recently, the Erie Crime Analysis Center upgraded their computers, thus providing their staff with new ones. The equipment that is being replaced is still in excellent working order and has been integrated into the operating and systems of both the Erie Crime Analysis Center and Buffalo Police. As a result, the Division of Criminal Justice Services wishes to transfer usage of these computers, which total seventeen (17) in number, to the Buffalo Police Department. This equipment is very capable of continued performance and therefore, this transfer would not be a wasteful disposition of these assets. It is vital to have state -of- the -art equipment as technology is now an essential part of every business, including police business! It is important to provide our personnel with the tools necessary to keep current with applications of technology in law enforcement and therefore, we are respectfully requesting that Your Honorable Body give permission to the Department to accept these computers from the Division of Criminal Justice Services for use by the Buffalo Police Department. The acceptance of this computer equipment will strengthen the Department's ability to discharge the needs of the community in the most efficient manner possible. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, Mr. Smith moved: That the above item be, and the above communication from the Buffalo Police Department, dated September 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept donation of computer equipment from the Division of Criminal Justice to be used by the Buffalo Police Department. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 19 PURCHASE MOBILE INTEROPERABLE COMMUNICATION VEHICLE CENTER FOR THE BUFFALO FIRE DEPARTMENT The Buffalo Fire Department is requesting permission to purchase one (1) Mobile Interoperable Communication Vehicle Center. Money has been secured in our UASI Grant C #845093 FY 09 Year 7 budget; account 24740437 474100 10455. The specifications will be submitted to the Division of Purchase. This vehicle will not be a take home vehicle and will provide additional inter operability for all City of Buffalo departments including, but not limited to Fire, Police, Department of Public Works, etc. Additionally, this center will provide redundancy in the event of a catastrophic failure of our fixed communication assets. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated October 2, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase one (1) Mobile Interoperable Communication Vehicle Center. This vehicle will not be a take -home vehicle, and will provide additional interoperability for all City of Buffalo departments, including, but not limited to, Fire, Police, Public Works, etc. The center will also provide redundancy in the event of a catastrophic failure of the fixed communication assets. Funding is available through UASI Grant C #845093 FY 09 Year 7 budget, account 24740430 474100 10455. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 FOOD STORE (NEW) 98 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food tore License located at 98 Grant ( Vineeta International Foods Corp. /Rajender Chauhan and Sujata Chauhan) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 10, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Rajender Chauhan and Sujata Chauhan d /b /a Vineeta International Foods Corp., located ate8 Grant. PASSED AYES -9 NOES -0 NO. 21 FOOD STORE (NEW) 224 VIRGINIA ST.(ELLICOTT ) 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 at 224 Virginia St. (Virginia Food Market Inc. /Aisha Rudriguez) and that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office 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. 22 LODGING HOUSE LICENSE 391 WASHINGTON (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 391 Washington, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of William Casale. The attached thereto for William Casale d /b /a The Tap Room at the Lafayette. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 RESTAURANT DANCE LICENSE (RENEWAL) 2192 NIAGARA Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2192 Niagara for which said renewal application for a Restaurant Dance Class III license is being sought by William Koessler@ Acqua and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated September 26, 2012; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to William Koessler d /b /a Acqua, located at 2192 Niagara. Approved. PASSED AYES -9 NOES -0 NO. 24 SECOND HAND DEALER 561 DELAWARE (AKA 93 ALLEN) (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 561 Delaware (aka 93 Allen) and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Mary Parker. The attached thereto for Mary Parker d /b /a /Black Cat Vintage. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated September 28, 2012, be received and filed; and That pursuant to Chapter 254 of the City Code; the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Mary Parker d /b /a Black Cat Vintage located at 561 Delaware Avenue a /k/a 93 Allen is hereby approved. PASSED AYES - 9 NOES — 0 NO 25 APPOINT CHIEF BUILDING INSPECTOR (CORRECTED)(TEMP)(THIRD STEP)(BRODFUEHER) Appointment effective 10/01/2012 in the Department of Inspections, Division of Permit and Inspection Services to the Position of Chief Building Inspector, Temporary at the Third Step of $57,440.00 Thomas Brodfueher, 2497 Niagara St, Buffalo, NY 14207 PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 26 SALE OF VEHICLES /EQUIPMENT The Division of Purchase is requesting permission to sell the listed below vehicles /equipment by means of auction scrap. All vehicles /equipment are beyond there useful life. E -633 2001 Ford F -450 Utility truck - S -023 -E t993 Ford F -450 Dump truck E -639 1993 Tennant Sweeper BPK- 9808 1998 Chevy w /Dump Body BPK -77 2003 Chrysler F -253 2001 Pierce Aerial Ladder BPK -13 1983 Ford Tractor Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated October 10, 2012, be received and filed; and That Division of Purchase is authorized to sell the vehicles listed below by means of auction scrap: E -633 2001 Ford F -450 Utility Truck S -023 -E 1993 Ford F -450 Dump Truck E639 1993 Tennant Sweeper BPK -9808 1998 Chevy w /dump body BPK -77 2003 Chrysler F -253 2001 Pierce Aerial Ladder BPK -13 1983 Ford Tractor PASSED AYES -9 NOES -0 NO. 27 WAIVER OF PERFORMANCE BOND The Division of Purchase hereby requests permission from your honorable body to waive the performance bond on the pending contract with Fleishman Service Corporation located at 1333 Military Road, Buffalo, NY 14217. The said contract is for the upgrade of the City of Buffalo's fuel management (Fuelmaster) system and associated radio frequency rings that will be installed in all fleet vehicles. The anticipated contract value will be $449,752. The rationale for performance bond waiver: Long history with contractor — Fleishman's Service has been satisfactorily servicing the City of Buffalo's fuel management system for more than 10 years. Fleishman Services is a local, small business and it would create a financial hardship for them in supplying the performance bond. Their past performance with the City has been outstanding; and monitoring will be done very closely by the Division of Purchase. The City of Buffalo will make progress payments on the contract based upon successful implementation of the system and installations in the fleet vehicles. Invoices will not be paid unless authorized by the Director of Purchase. This is a system upgrade to the present fuel management system. There is no risk in the current system operations. Fuelmaster is a proven fuel management technology that has been used by the City of Buffalo for more than 10 years. Several other municipalities in the Northeast are using the upgraded technology with great success. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter Mr. Smith moved: That the above item be, and the above communication from the Division of Purchase, dated October 9, 2012, be received and filed; and That the Common Council hereby authorizes the Division of Purchase to waive the performance bond on the pending contract with Fleishman Service Corporation, said contract is for the upgrade of The City of Buffalo's fuels management (Fuelmaster) system and associated radio frequency tings that will be installed in all fleet vehicles. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 28 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT DISTRICT -79 W. CHIPPEWA- 10/26/2012 Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT DISTRICT -79 W. CHIPPEWA- 10/27/2012 Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board Address Business Name Owner's Name 1669 Hertel Hertel Lounge Antonio Carrubba 301 Franklin St Dinosaur Bar B Que Donald Bernstein 1111 Fuhrmann Blvd Dugs Dive Samuel Curtin 1501 to 1503 Hertel Caramici's Bistro & Bakery Neil Como RECEIVED AND FILED NO. 31 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 Ellen Taylor, Deanna Pera RECEIVED AND FILED. NO. 32 APPOINT COMMON COUNCIL STAFF(CENTRAL STAFF)(MONTOUR) Appointment effective October 12, 2012 in the Department of Common Council, Division of Council Staff to the position of Legislative Assistant, Unclassified at the Flat Salary of $41,163.00 James Montour, 35 Rugby Rd, Buffalo, NY 14216 ADOPTED NO. 33 APPOINT COMMON COUNCIL STAFF, DELAWARE DISTRICT(WEISS) Appointment effective October 3, 2012 in the Department of Common Council, Division of Delaware District to the position of Legislative Aide, Unclassified at the Flat Salary of $36,242.00 Alyssa Weiss, 235 Saranac Ave, Buffalo, NY 14216 ADOPTED NO. 34 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective October 2, 2012 in the Department of Common Council, Division of North District to the Position of Intern IX, Unclassified at the flat salary of $12.06/hr Talia Rodriguez, 30 Marion St, Buffalo, NY 14207 NO. 36 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment effective 10/02/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.06/hr David Moran, 171 Cantwell, Buffalo, NY 14220 NO. 36 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 10/03/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Equipment Operator, Permanent at the minimum salary of $23,169.00 Donald Davidson, 150 Vincennes St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective 10/09/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Equipment Operator, Permanent at the minimum salary of $23,169.00 German Montalvo, Jr, 251 Bedford Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 10/09/2012 in the Department of Audit and Control, Division of Comptroller to the Position of Account Clerk Typist, Temporary, at the minimum salary of $31,754.00 Carol A. Devoe, 106 Columbus Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2012 in the Department of Police, Division of Fleet Maintenance to the Position of Tow Truck Operator, Provisional appointment at the minimum salary of $22,423.00 Nelson Luciano, II, 241 West Avenue, Buffalo, NY 14201 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 37 M. ANDRZEFEWSKI - TROCAIRE COLLEGE REQ FOR PARKING SPOT AND A NO STANDING Dear Mr. Fisher: Trocaire College would like the Council to consider a request for: • A parking spot on Indian Church at Seneca Street designated a "handicapped parking" spot. We have instructors and students with documented disabilities who would benefit from having such a spot available. • An area directly in front of Trocaire's facility at 2262 Seneca Street designated as a "no standing" zone or "loading /unloading" zone. Trocaire is trying to alleviate parking congestion in the area by having students utilize a shuttle service but the vehicle sometimes cannot pull up to the building because of parked cars. If the drivers must stop next to a parked car to discharge students, it creates traffic /pedestrian congestion. If more information is necessary, please contact me. The college will pay reasonable fees; please let me know the amount of any fees when determined. Sincerely, Margaret Andrzejewski Director of Facilities & Security REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 38 BUFFALO WATER BOARD MONTHLY REORT- SEPTEMBER 2012 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 39 LP CIMINELLI BOARD PACKET DOCUMENTS - SEPTEMBER 2012 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider October 02, 2012 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 1, 2012: 1. Draft Agenda 2.Meeting Minutes from JSCB Meeting dated September 10, 2012 3.Fully Executed Phase III Application and Certificate for Payment No. 52 - August 2012 4. Fully Executed Phase IV Application and Certificate for Payment No. 50 - August 2012 5. Fully Executed Phase V Application and Certificate for Payment No. 33 - August 2012 6.Phase III Application and Certificate for Payment No. 53 - September 2012 7. Phase IV Application and Certificate for Payment No. 51 - September 2012 8. Phase V Application and Certificate for Payment No. 34 - September 2012 9. Program Packaging and Development Services (PPDS) Provider Update 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase V Project - August 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - August 2012 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - August 2012 13. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - August 2012 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 40 EMPIRE STATE DEV — NOTICE OF LEAD AGENCY AND PROJECT UPDATE - CANALSIDE PROJECT NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT Parent Corporation of ERIE CANAL HARBOR DEVELOPMENT CORPORATION NOTICE OF LEAD AGENCY DESIGNATION AND PROJECT UPDATE Canalside Project Buffalo, Erie County, New York The New York State Urban Development Corporation, d /b /a Empire State Development Corporation ( "ESD "), served as lead agency on behalf of its subsidiary, the Erie Canal Harbor Development Corporation ('ECHDC "), for the environmental review process carried out under the New York State Environmental Quality Review Act ( "SEQRA ") and its implementing regulations (6 NYCRR Part 617) in connection with the Canalside Project in Buffalo, New York (the "Project "). The Project was classified as a Type 1 Action under the implementing regulations for SEQRA. The Project was evaluated utilizing a Generic Environmental Impact Statement ( "GELS ") to analyze site - specific impacts associated with various aspects of the Project, and long -term and /or cumulative impacts associated with future phases of project development. Pursuant to SEQRA, agencies may prepare a GEIS when there is a need to assess a wide variety of impacts at a more conceptual level on a larger geographic area, often including cumulative impacts, rather than project - specific or site - specific EISs. The ESD issued a Final GEIS ('FGEIS ") for the Project on January 21, 2010 and a Findings Statement on March 25, 2010. Pursuant to the FGEIS, final designs for less- defined Project components as well as any proposed changes to the more well- defined elements (hereinafter referred to as "Future Project Plans ") would require further evaluation pursuant to SEQRA. ESD has received the attached Letter of intent from representatives of HARBORcenter Development, LLC ('HARBORcenter "), notifying ESD of certain changes to the proposed development of the area know as the "Webster Block" (bounded by Main, Scott, Washington, and Perry streets in downtown Buffalo) from those assumptions evaluated in the January 2010 FGEIS. The HARBORcenter Letter of Intent sets forth the basis for a proposal to develop a mixed -use complex on the 2.7 -acre Webster Block (the "Webster Block Project "). The Webster Block Project will include the construction of a mixed -use building consisting of a hockey complex, a hotel of up to 200 rooms, retail and restaurant space, and a five -level parking structure designed to accommodate 965 + /- parking spaces. A more detailed project description is included in the Letter of Intent which is attached hereto as Exhibit A. For your reference, the following documents are attached to this notice: Exhibit A: HARBORcenter Letter of Intent for the Webster Block Development; • Exhibit B: Part 2 of Full Environmental Assessment Form: and • Exhibit C: Excerpt: Canalside Findings Statement Outlining Future Project Plan Review Process. The Webster Block Project is a component of the larger Canalside Land Use Improvement Project (the "Project "), established under the New York State Urban Development Corporation Act, and undertaken by the ESD and ECI— DC. The Project will consist of over one million square feet of commercial {retail, lodging and office), cultural and residential space along the Buffalo waterfront, and is designed to foster economic growth and expand public use and enjoyment of the Erie Canal Harbor area. The Project will provide various year -round offerings and experiences, including restaurants, entertainment venues, retail outlets, cultural attractions, vast public spaces and increased access to the Buffalo River. Pursuant to the FGEIS and its Findings Statement, ESD is continuing to serve as Lead Agency for the purpose of con ducting this SEQRA analysis for the Webster Block Project. A copy of Part I of the Full Environmental Assessment Form (the "EAF ") for the Webster Block Project is enclosed as Exhibit B. Per the FGEIS and Final Findings Statement, ESD will review Future Project Plans such as the Webster Block Project, in relation to the FGEIS and the Findings Statement. An excerpt from the Findings Statement which details this process is attached hereto as Exhibit C. Pursuant to ESD's Findings Statement, if ESD determines that a Future Project Plan is not adequately addressed in the FGEIS, but the proposal does not exceed any of the outlined thresholds, or the proposal does exceed a threshold but would not result in any significant adverse environmental impacts, then a negative declaration may be prepared. If the ESD determines that a Future Project Plan is not adequately addressed in the FGEIS and /or the proposal would exceed one of the outlined thresholds and may have one or more significant adverse environmental impacts, then a supplement to the FGEIS must be prepared. We request your agency to review the attached EAF Part I and provide ESD with any comments regarding Lead Agency and /or the scope of issues that should be considered in evaluating the Webster Block Project pursuant to the Future Project Plan review process spelled out in the GEIS. Also, please note that it is anticipated that HARBORcenter Development will provide a more detailed SEQRA analysis (in addition to Part 1 of the Full EAF) in the near future. Such analysis will be circulated to all interested and involved agencies for review and comment once it is received by ESD. Comments on the scope of issues for the Webster Block Project or questions regarding the process should be directed to: Stephen F. Gawlik, Esq. Empire State Development Corporation 95 Perry Street Buffalo, NY 14203 Phone: 716 - 846 -8200; Facsimile: 716 - 846 -8260 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 R. FONTANA -T. BARRETT- REQUEST TO SPEAK RE TREATMENT OF INJURED FIREFITGHTERS AT ECMC (GREAT LAKES PHYSICIANS) Dear Council President Fontana I would like to request the opportunity to be heard before Common Council Finance Committee meeting regarding the treatment of injured firefighters at E.C.M.0 and Occupational Health offices,(Great Lakes Physician). If at all possible could you please request the presence of Dr. David Hughs to address the ongoing difficulties we are having in getting our members treated. Thank You Thomas Barrett Vice President Local 282 Buffalo Professional Firefighters Ass. 716- 856 -4130 REFERRED TO THE COMMITTEE ON FINANCE NO. 42 L. FRASCA -INFO REDUCING CATS /KITTENS IN NEIGHBORHOODS Dear Members of the Buffalo Common Council: Re: How I brought the number of kittens down to 0 and number of cats below 10 in my neighborhood. The way to reduce numbers of cats in a neighborhood is to make it less likely that owners will get rid of their cats by dumping them into the neighborhood and help them be more willing to take them in and keep them in. Owners of cats are most likely to do that if the cat they have or the cat they find is fixed and vaccinated. I have seen this over and over again. When a neighbor wanted to get rid of a cat that was pregnant or was. considering taking in a cat - when I got it fixed for them, they kept it or took it in. This keeps all those stray cats and kittens out of the neighborhood. Approximately 10 years ago I bought a property on the lower west side of Buffalo. The previous homeowner left behind 7 unfixed cats. There were stray cats everywhere on the block and a neighbor was feeding stray cats too. I was finding dead kittens under porches. I decided to fix (spay /neuter) all the cats on one square block whether they belonged to anyone or not with the owner's permission. I was surprised to find from the owners that if I was willing to pay to spay /neuter their cats that they said they would be willing to keep them in the house and be more willing not to abandon them. One fellow had 7 cats 5 were pregnant. He said if I got them fixed he would keep them in and keep them because he did love them. I paid to have them all spayed /neutered and No More Kittens! His cats did continue to go out but they did not roam to mate anymore and stayed on his porch. In my neighborhood all the neighbors keep telling me "We have not seen one kitten" for 6 years - Thank you so Much!!!!" They also say, "There really aren't any stray cats around anymore - just one or two - WOW ". When the cats are fixed they do not need to roam to mate. They eventually pass away and there are no more kittens to replace them. Owners are more likely to keep them or take them in and out of the neighborhood. Forcing people to license their cats will create a cat crises and greatly increase the stray cat numbers (even if the fee is only a few dollars) because it will encourage people get rid of cats to reduce their numbers and /or not take them in - and this is what creates a neighborhood saturated with stray cats, Don't enforce licensing - do spay /neuter - that is the way to reduce the numbers. My advice from someone who has actually seen and lived what works. Sincerely, Lucy Frasca, MSW, LCSW -R RECEIVED AND RLED NO. 43 P. FREEMAN - REQUEST TO SPEAK RE PROPOSED PLAN MIXED -USED COMM SPORTS, ENTERTAINMENT AND CULTURAL COMPLEX October 11, 2012 Attn: (1.) Office of the City Clerk Buffalo, NY (Please File for Next Meeting) (2) Councilman Joe Golombek, Chair Community Development Committee (3) Richard Fontana, President, Common Council Dear Chairman Golombek, I am requesting an opportunity to appear on the agenda of the October 23 meeting of the Community Development Committee. The purpose of my request is to present the Council with an important update on the proposed plan for construction of a new, mixed -used, commercial sports, entertainment and cultural complex within the city of Buffalo. Since my last presentation to the Council this past April, there has been significant progress on advancing such a plan and I would like to present the committee with a preliminary Master Site proposal for their consideration. A first class Development Team has been organized and I will be presenting details of the proposed development, financial plan and economic impact projections. Sincerely, Pat Freeman REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 RUSSELL - SEQRA NOTICE OF DETERMINATION - NEGATIVE DECLARATION 392 KENMORE AVE SEQRA NOTICE OF DETERMINATION NOW SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Common Council Room 1308, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Rezone 392 Kenmore Avenue Location: 392 Kenmore Avenue, Buffalo NY Type of Action: uncoordinated - unlisted Description: Kenmore Englewood Associates proposes the amendment of the City of Buffalo Zoning Map with respect to three tax parcels commonly known as 392 Kenmore Avenue. The current classifications are C1, C2, and R2. It is proposed to change all to classification C1. The Buffalo Planning Board recommended approval. The County of Erie Department of Environment and Planning had no objection. A public hearing was held. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will make the zoning of the three parcels consistent with existing use of the premises and is consistent with the zoning of surrounding properties on Kenmore Avenue in the City of Buffalo and the adjacent Town of Tonawanda. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Gerald A. Chwalinski, Buffalo City Clerk, Room 1308 City Hall, Buffalo, New York 14202 -716 851 -5431. Dated: October 16, 2012 ADOPTED NO. 46 N. ROMAN -BFLO & EC COMMUNITY PLAN TO END HOMELESSNESS Executive Summary During the administration of President George W. Bush, communities around the country were encouraged to develop 10 Year Plans to End Homelessness. Erie County and Buffalo through the Homeless Alliance of Western New York, responded to the nationally unified effort by releasing their Prevention, Resources Independence, Services and Maintenance (PRISM) Plan in 2006. President Bush also reinvigorated the United States Interagency Council on Homelessness ( USICH) in 2003 in order to coordinate Federal efforts to end homelessness. In 2003 President Bush called for attempting to end chronic homelessness, recognizing the cost savings associated with this effort. In 2010, under the guidance of President Barack Obama, USICH released Opening Doors, the first federal strategic plan to prevent and end homelessness. Communities around the country were encouraged to review their plans and to align them with the federal goals. In response to this federal effort, the Homeless Alliance of Western New York has again led the effort in Erie County and Buffalo to align our local goals with nationally proven best practices, the latest research and the federal Opening Doors plan. This Executive Summary is just a snap shot of what needs to be done to accomplish the goal of ending homelessness. Everyone, especially elected officials and high level administrators, is encouraged to read the entire document to fully understand what this community needs to accomplish if we are to end homelessness. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 D. SMITH - INDEPENDENCE PRODUCERS ALLIANCE - CONCERNS APPOLLO MEDIA CENTER Please file the attached document for discussion at the next Council meeting. Thank you, Demone Smith Majority Leader Masten District Council Member Apollo Media Center Producers Alliance The independent producers respectfully submit the following requests, contentions, and complaints! 1. That immediate attention is given to the concerns listed herein and such concerns be addressed as expeditiously as possible by the council and other powers that be! 2. That Mr. Fontana and other members of the common council do an immediate walk through of the Apollo Media Center with members of the newly formed Producers Alliance so that the necessary upgrades to the equipment and facility can be visually identified and noted for the public record by all concerned parties. 3. That once all concerns have been identified, noted, itemized, and listed in order of urgency, that such concerns be addressed and corrected immediately. 4. That it be known to all parties concerned to the understanding of the producers, the franchisee agreement entered into by the city of Buffalo and T C I, specifically allots a certain amount of money each year for capital costs for equipment mad facility upgrades that will enable the continued ability to produce and distribute broadcast quality productions. 5. That in fact the afore mentioned monies designated specifically for capital costs to equipment and facility maintenance and upgrades, in the future be used first for this purpose and then the remainder be used as seen best fit by the appropriate entities. 6. That a determination be made the law department as to the strictly construed purpose of the funds designated in the contract franchise agreement with the city of Buffalo and Time Warner Cable for Public Access signed in December 1995, as to create no further misunderstandings as to Time Warner's intent for said aforementioned funds. 7. That the present accessibility to the Apollo Media Center by producers be immediately changed to better accommodate the needs of the producers. We feel the Apollo Media Center should be open to producers on Monday afternoons from 3:OOpm to 10:00pm, as well as extending the time of usage from 10:00am to 9:OOpm Tuesday- thru - Friday. 8. That producers from this moment forward have more input into the operations and equipment acquisitions of the Apollo Media Center. 9. Regularly scheduled advanced training in areas such as set design, lighting for effect, gaffer technician, key grip technician, jib /crane operator, all new equipment usage. For each new piece of equipment brought into the facility there should be a training class made available to current producers with current productions on the air. Attached to this document you will find a list of upgrades that we the producers fill require immediate purchase and installation. Sincerely, The Independent Producers Alliance Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO.47 D. SMITH -LP CIMINELLI - REONSTRUCTION OF BPC #59 Please file the attached document for discussion at the next Council meeting. Thank you, Demone Smith Majority Leader Masten District Council Member Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION PETITIONS NO. 48 S. MALLIARIS, OWNER, USE 451 ELMWOOD TO EXPAND & ENCLOSE AN OUTDOOR CAFE (NIA)(HRG 10/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 I. KARANOVIC, OWNER, USE 1946 CLINTON FOR A SECOND HAND DEALER (LOV)(HRG 10/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 D. MIKA, AGENT, USE 641 HERTEL TO ERECT A GROUND SIGN (NORTH)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 51 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #34, 10/02 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 52 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #35, 10/02 That the above item be and hereby is referred to the Common Council with a motion to approve Mrs. Russell now moves That the above item be the same and hereby is Received and Filed. ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 53 BUFFALO CIVIC AUTO RAMPS, INC. 2012 -13 BUDGET (BD PKG) (C.C.P. #2, JULY 10) 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. Adopted. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 54 D. BRADLEY- GAMBLING JOINTS AND BUFFALO 2012 CCP #39, 10/02 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 55 D. BRADLEY- STATEMENT IN SUPPORT OF RESCINDING THE CASINO CONTRACT CCP#40, 10/02 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 56 C. SCANLON -HELP TO THOSE FACING FORECLOSURE -CAZ RESOURCE CENTER CCP#46, 10/02 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 57 SELECT HARBORCENTER DEV, LLC AS PREFERRED DEVELOPER FOR WEBSTER BLOCK(MAYOR) (C.C.P. #1, SEPT 4) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted. Adopted. NO. 58 REPORT OF SALE - 503 SWAN, 515 SWAN, AND 523 SWAN (ELL) (STRAT PLAN) (ITEM NO. 18, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Golombek moved: That the offer from Mr. Kevin Hayes, on behalf of 500 Seneca Street, LLC, 26 Mississippi Street, Suite 400, Buffalo, New York, in the amount of Eight Thousand Eight Hundred Fifty Dollars ($8,850.00) for the purchase of 503 Swan, 515 Swan and 523 Swan, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 59 G. CLEMENTI, AGENT, USE 715 E1MWOOD TO ESTABLISH A RESTAURANT AND OUTDOOR CAF— (DEL) (EDPI) (ITEM NO. 4, C.C.P., OCT. 2, 2012) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Pridgen moved; That the Common Council hereby authorizes the Commissioner of Permits and Inspection Services to issue a permit to G. Clementi, Agent, for the use of 715 Elmwood to establish a restaurant and outdoor cafe PASSED AYES -9 NOES -0 NO. 60 S. CURTIN, AGENT, USE 3149 MAIN STREET TO ERECT ONE -STORY ADDITION AND ALTERATIONS TO A TWO -STORY MASONRY RESTAURANT (UNIV) (DPIS) (ITEM NO. 50, C.C.P., OCT. 2, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That after a public hearing that was held before the Committee on Legislation on October 9, 2012, the application of S. Curtain, as agent, to erect a one -story masonry addition and alterations to both floors of a two -story masonry restaurant in the Transit Station Special Zoning District is hereby approved. PASSED AYES -9 NOES -0 NO. 61 J. BACY, AGENT, USE 2001 ELMWOOD- FREESTANDING SIGN (NORTH)(DPI$) (ITEM NO. 51, C.C.P., OCT. 2, 2012) That the petition of J. Bacy, Agent, for permission to use 2001 Elmwood to erect and install an illuminated ground sign "I D" for Autozone is approved. PASSED AYES -9 NOES -0 NO. 62 B. BARNATOZICZ, AGENT, ERECT TWO GROUND SIGNS - 1975 MAIN STREET (MAS) (DPIS) (ITEM NO. 52, C.C.P, OCT. 2, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; Mr. Pridgen moved: That the application of B. Bamatozica, Agent, to erect two (2) ground signs to a comer for a university is hereby approved. PASSED AYES -9 NOES -0 NO. 63 STATE ENVIRONMENTAL QUALITY REVIEW - 392 KENMORE AVENUE (UNIV) (CP) (ITEM. NO. 10, C.C.P., OCT. 2, 2012) That the Common Council does hereby adopt the Short Environmental Assessment Form for the rezoning of 392 Kenmore Avenue, Buffalo, New York, in accordance with Article 8 of the New York State Environmental Quality Review Action of the New York State Environmental Conservation Law (SEQRA), and 6 N.Y.C.R.R. Part 617. ADOPTED. NO. 64 APPLICATION FOR RESTRICTED USE PERMITS - 79 W. CHIPPEWA (ELL) (ITEM NO. 36, C.C.P., OCT. 2, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the Common Council hereby authorizes the Department of Permit and Inspection Services to issue a restricted use permit to Bayou Marty Grans, LLC d /b /a Bayou, located at 79 W. Chippewa Street, Buffalo, New York for an event to take place on October 19, 2012 is hereby approved. PASSED AYES -9 NOES -0 NO. 65 M. ROUNTREE- ZONING REFERRAL TO EC ENVIR & PLANNING -392 KENMORE AVE CCP#45, 10/02 Mr. Pridgen moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 ORDINANCE AMENDMENT -CHAPTER 511 -ZONING (REM NO. 84, C.C.P., OCT. 2, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended as specified in the attached Ordinance Amendment. PASSED AYES -9 NOES -0 NO. 67 C. AUERBACH, AGENT- REZONE 392 KENMORE AVENUE (UNIV) (ITEM NO. 63, C.C.P., OCT. 2, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the petition to amend the zoning map by Kenmore - Englewood Associates for property located at 392 Kenmore Avenue be and hereby is accepted and that such application be granted. Approved. PASSED AYES -9 NOES -0 NO. 68 FOOD STORE LICENSE (NEW) - 776 ELMWOOD A/K /A 782 ELMWOOD (DEL)(EDPI) (ITEM NO. 3, C.C.P., JULY 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven, Inc. #35163 located at 776 ElmwoOd a /k/a 782 Elmwood. PASSED AYES -9 NOES -0 RESOLUTIONS NO. 69 BY: MR. GOLOMBEK DISCHARGE THE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: "REQUEST FOR AUTHORIZATION OF TEMPORARY ACCESS AGMT LP CIMINELLI, INC TO ENTER PORTION OF MILK JR PARK (PW)" (NO. 22, C.C.P. OCTOBER 2, 2012) Whereas: The above item is currently in the Community Development Committee; and Whereas: It is no longer necessary for this item to be considered by that committee. Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of "Request for Authorization of Temporary Access Agmt LP Ciminelli, Inc To Enter Portion of MLK Jr Park (PW)" (No. 22, C.C.P. October 2, 2012) and said item is now before the Common Council for its consideration. PASSED AYES -9 NOES -0 NO. 70 BY: MR. GOLOMBEK AND MRS. RUSSELL WATERFRONT ELEMENTARY SCHOOL AND EAST HIGH SCHOOL TURNAROUND PLANS Whereas The future of both our children and our City depend on having a successful public school system; and Whereas There are fifty -seven (57) schools that are currently operated by the Buffalo Public School District (BPSD) and forty -four (44) of the fifty - seven (57) are now designated as failing schools; and Whereas Twenty -eight (28) of those failing schools (or half of all BPSD schools) are designated as among the lowest performing five percent (5 %) of schools in the entire State of New York: and Whereas Approximately 31,000 children are enrolled in BPSD schools and approximately 26,000 of those children are enrolled in BPSD schools that are now designated failing; and Whereas The BPSD has not been able to ensure high academic achievement for all of its students and is evidently lacking in capacity to adequately address the failing school crisis; and Whereas The BPSD has been unable to implement any turnaround plan for either Waterfront Elementary School or East High School, despite the fact that both of these schools have been in failing status for many years; and Whereas Applications have been submitted to the New York State Education Department to restart both Waterfront Elementary School and East High School as charter schools which often offer students a longer school year and are open evenings, providing additional learning opportunities for school children; Now, Therefore, Be It Resolved: That the Common Council urges the Buffalo Public School District to immediately begin to expand its capacity to offer schools in good standing alternatives to the approximately 26,000 children enrolled in its failing schools; and Be It Further Resolved: That the Common Council strongly supports and encourages Buffalo Public School Buildings be open evenings for use by students and the community; and That the Common Council strongly supports the efforts to restart both Waterfront Elementary School and East High School as charter schools and believes that restarting both Waterfront Elementary School and East High School as charter schools provides those schools the very best opportunity for turnaround success; and Resolved: That the Common Council urges the Buffalo Public School District to cooperate and collaborate with the effort to restart both Waterfront Elementary School and East High School as charter schools; and Be It Finally Resolved: That the Common Council urges the New York State Education Department and the Board of Regents of the University of the State of New York to approve and issue charters for Waterfront Charter School and East Charter High School and take all necessary steps to effectuate the restart of Waterfront Elementary School as Waterfront Charter School and East High School as East Charter High School commencing with the 2013 -2014 school year. ADOPTED AYES — FONTANA, FRANCZYK, GOLOMBEK, PRIDGEN, RUSSELL, SCANLON, SMITH — 7 NOES — LOCURTO, RIVERA - 2 BY: MR. SCANLON NO. 71 TRANSFER OF FUNDS- PW PLANNING That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106 - 445100 Planning Capital Projects $15,000 To: 31810006 - 445100 1318 Niagara Street Remediation $ 15,000 PASSED AYES -9 NOES -0 NO. 72 BY: MICHAEL LOCURTO DELAWARE DISTRICT COUNCIL MEMBER RE: PRESERVATION OF BUFFALO ZOO GATES Whereas The Buffalo Zoo is the third oldest zoo in the United States and a rare public asset to the City of Buffalo and the United States; and Whereas Gates number three and number four have provided a significant part of the physical public image and character of the Buffalo Zoo for more than 75 years; and Whereas Original architectural documents in the possession of the City of Buffalo have authenticated the work of African American architect John Edmonston Brent on many aspects of the Buffalo Zoo from 1935 to 1957, including gates number three and number four; and Whereas The professional legacy of John Edmonston Brent as an African American early twentieth century pioneer in architecture is of national significance; and Whereas John Edmonston Brant was the first African American architect in the City of Buffalo, and made many important and historic contributions to our community, including as the architect who designed the former Michigan Street YMCA (the second "Colored YMCA" designed by an African American in the United States); the first president, of the NAACP Buffalo Branch; and an architect in the City Parks Department for many years; and Whereas The Zoo gates number three and number four represent two of the last remaining, and complete, works of John Edmonston Brant in America. NOW, THEREFORE, BE IT RESOLVED: RESOLVED: That Buffalo Common Council supports and endorses the preservation of Zoo gate, number three and number four; and be it further RESOLVED: That the Buffalo Zoo be authorized to have formal nominations prepared and submitted for Zoo gate number three (3) and number four (4) to the National Register of Historic Places (NRHP) in time for January, 2013 review by the New York State Historic Preservation Office; and be it finally RESOLVED: That the Buffalo Zoo shall hereby be authorized to work with nationally recognized consultants Everett L. Fly and Ellen P. Hunt to conduct the necessary historical research and documentation and prepare the nominations meeting the requirements of the National Register of Historic Places. No fees for the research and application production will be charged to the City of Buffalo. Delaware District Council Member ADOPTED NO. 73 SPONSOR BONNIE E. RUSSELL CLARIFYING THE CITY'S FOOD STORE LICENSING, CLOSURE & APPEALS PROCESS WHEREAS, While some food stores in the City operate legitimately and comply with the law and the terms of their licenses, there are a number of problem dells in our community that are negatively impacting the quality of life in the neighborhoods they purport to serve; and WHEREAS, Problems associated with these delis include the selling of loose cigarettes, diapers and other bulk packaged goods at exorbitant prices; dealing in stolen, illegal and untaxed goods; violating health, tax, and labors laws; and providing safe havens for criminals and gang members that menace and intimidate neighboring residents; and WHEREAS, Unfortunately, problem delis are not a new problem. In the 1990's, problems with food stores grew so bad that the Common Council felt compelled to form a Deli Task Force to aggressively target food stores that were operating illegally and negatively impacting the community; and WHEREAS, While the City has been actively targeting problem delis for years, recently the severity of this problem seems to have worsened. Despite the concerted efforts of the community, Council Members, numerous law enforcement agencies and the City's Departments of Law and Permits & Inspections, a number of problem deli stores remain open that continue to brazenly operate in violation of the law and terms of their licenses; and WHEREAS, A good example of this can be seen in the results of Operation Secret Shopper," in which a coordinated effort by several law - enforcement agencies led to the closure of 20 problem deli stores in our community and the arrest of 15 deli store owners. Despite what would seem to have been overwhelming evidence to support these closures and prosecutions, the City has been judicially ordered to allow stores to reopen, at least temporarily; and WHEREAS, The reopening of these stores has triggered outrage and frustration in the community. Residents that have to deal with the problems caused by these stores on a daily basis do not understand how the legal process could allow these stores to reopen and why the City and NYS Supreme Court Judges cannot or will not shutter them permanently. In addition, they do not understand why they have at times been prevented from observing and participating in Administrative Adjudication proceedings involving problem delis; and WHEREAS, The Common Council has a duty to voice the community's concerns regarding problem deli stores; to ensure that the City has clear and enforceable laws, regulations and procedures that pertain to food stores and food store licensing; to evaluate the ability of City departments to effectively apply and enforce these requirements; and to ensure that the Law Department is equipped with the tools they need to keep problem stores closed; and WHEREAS, As the City's legislative body, the Common Council has the ability to amend or replace City laws pertaining to food stores and licensing should they be deemed vague, unenforceable or ineffective. NOW, THERFORE BE IT RESOLVED, That the Common Council directs the Department of Permits & Inspections to brief this Honorable Body, by filing such information with the City Clerk as well as appearing before the Council, on the City's current procedures, regulations and applicable timelines pertaining to food store licenses including: application for a license; review of applications and investigations into applicants; denial /issuance of licenses and conditional licenses; inspection of stores; enforcement of laws, rules and license conditions; and documentation and maintenance of inspection findings to support departmental and Council determinations and actions; and BE IT FURTHER RESOLVED, That the Common Council directs the Department of Law to brief this Honorable Body, by filing such information with the City Clerk as well as appearing before the Council, on the City's current procedures, regulations and applicable timelines pertaining to food store licenses including: application for a license; acceptable legal grounds for denial /issuance of licenses and conditional licenses; what laws, rules and procedures that the City currently relies upon to enforce license conditions and pursue actions to close down problem stores, as well as whether those are City, State or Federal requirements; its opinion as to the sufficiency and effectiveness of such laws and any suggestions it may have for strengthening them; and its opinion as to whether the City could improve its procedures for documentation and maintenance of inspection timings to support departmental and Council determinations and actions to improve the odds of their surviving Administrative and Judicial review; and BEITFURTHERRESOLVED, That the Common Council additionally directs the Department of Law to brief this Honorable Body, by filing such information with the City Clerk as well as appearing before the Council, on whether Administrative Adjudication proceedings regarding food store licenses are open for the public to observe and /or provide testimony /evidence; and BE IT FINALLY RESOLVED, That the Common Council is in favor of reinstituting a Deli Task Force and /or Committee in order to ensure problems attributable to delis and any deficiencies identified in the City's food store licensing process are swiftly and effectively addressed. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 74 SPONSORS: CHRISTOPHER P. SCANLON WAIVE BAND SHELL RENTAL FEE FOR WNY UNITED AGAINST DRUG & ALCOHOL ABUSE, INC. FOR THEIR OCTOBER 24, 2012 RED RIBBON WEEK EVENT WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, WNY United Against Drug & Alcohol Abuse, Inc. is seeking the use of a Band Shell at Cazenovia Park on Wednesday, October 24, 2012 beginning at 9:30 am as part of their planned activities for the National Family Partnership's Red Ribbon Week, a nationwide event held in the last week of October each year in support of the fight against the illegal use of drugs and substance abuse prevention efforts; and WHEREAS, Each year as part of Red Ribbon Week, WNY United hosts a contest for students to create banners that show a positive drug prevention message, which the students then parade around their community and in front of judges. This year, students from four Buffalo Public Schools located in South Buffalo will be walking the banners they have created from their school buildings to Cazenovia Park where the Red Ribbon Rally and judging will take place; and WHEREAS, WNY United has been working to better the Buffalo and WNY Community for the last twenty -five years by educating young people about drug and alcohol abuse prevention through in- school programming, their "LIT: Leaders In Training" summer program and through numerous campaigns the group sponsors each year; and WHEREAS, WNY United has contacted the Common Council to request permission to use a Band Shell as part of their Red Ribbon Week programming and has asked the Council to waive the $400 fee which the City usually charges; and WHEREAS, This event provides a legitimate public benefit and is free to the general public. By waiving the band shell fee, the City would be demonstrating its support for youth drug prevention efforts and Red Ribbon Week and enable WNY United to utilize their limited funding for other drug prevention programming for local youths; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive the City Bandwagon Fee and the City Olmsted Park fee for WNY United Against Drug & Alcohol Abuse, Inc. for their Red Ribbon Week event being held on Wednesday, October 24, 2012 at 9:30am at Cazenovia Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, Law and Jessica Lafalee, Communications Coordinator for WNY United, 1195 Niagara St., Buffalo, NY 14213. ADOPTED NO. 76 SPONSOR: MR. SMITH COUNCIL STAFF APPOINTMENT James Montour, residing at 35 Rugby Road, Buffalo, New York, 14216 is qualified to serve as a Legislative Assistant in the Common Councils Central Staff Office; and James Montour has a strong background and is involved in government and community affairs; Now, Therefore be it Resolved That: James Montour is hereby appointed as a Legislative Assistant to the Common Council's Central Staff Office, effective October 17, 2012.A DOPTED NO. 76 BY DEMONE A SMITH TRANSFER OUTER HARBOR LANDS TO CITY OF BUFFALO Whereas: In 1957, the Niagara Frontier Port Authority, legal predecessor to the Niagara Frontier , Transportation Authority (NFTA), took ownership of more than 300 acres of outer harbor lands; and Whereas: In 2004, a Settlement Agreement was signed between the NFTA and the City of Buffalo in which the City agreed to rescind its reversionary interests contained in the original 1957 conveyance of the property that would have returned outer harbor lands to the City were they no longer used as a port, as well as to support future NFTA Requests for Proposals to develop these lands; and Whereas: Earlier this year, the NFTA decided to sell the outer harbor property in order to continue focus on its primary mission of running the region's bus system, Metro Rail line and operations at the Buffalo Niagara International Airport and Niagara Falls International Airport; and Whereas: In August 2012, the NFTA sent out bid packages to the City of Buffalo, Erie County, Erie Canal Harbor Development Corporation and New York State Office of Parks, Recreation and Historic Preservation, however, Erie County and the state parks agency both declined to bid; and Whereas: The NFTA board of commissioners plans to choose anew owner for the outer harbor lands by January 28, 2013; and Whereas: City ownership of the outer harbor lands will ensure that the Common Council and the Mayor, held accountable to the public in an election, will be able to decide how to develop the City's vast waterfront property. Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby supports the transfer of the outer harbor lands back to the City of Buffalo and requests that the Office of Strategic Planning inform the Council of the City's status in obtaining said land; and Now, Therefore Be It Resolved: That the Common Council hereby supports the construction of a new Buffalo Bills stadium at outer harbor lands; and Be it Finally Resolved: That copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Office of the Erie Canal Harbor Development Corporation, and the Niagara Frontier Authority. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 BY: DEMONE A SMITH 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, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Gail A. Brady Theresa M. Delauro Kim M. Mecca Patricia Ann Spanich Michelle A. Thompson TOTAL5 ADOPTED NO. 78 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Patricia S. Dudek TOTAL:1 ADOPTED NO. 79 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 23, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, October 23, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, October 23, 2012 at 1:00 o'clock P.M Committee on Legislation Tuesday, October 23, 2012 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 80 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell the Council adjourned at 2:42 PM GERALD CHWALINSKI CITY CLERK