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HomeMy WebLinkAbout12-1127NO. 22 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 27, 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 MAYOR DATE NOVEMBER 27, 2012 FINAL MAYOR - EXECUTIVE 1. Plan Bd -SEQR- Negative Declaration -1093, 1097, 1105 Broadway Ave(Fill) R &F 2. Plan Bd -SEQR- Negative Declaration -70 Chalmers St. (Mas) R &F 3. Plan Bd -SEQR- Negative Declaration -144 Genesee St(Ell) R &F 4. Plan Bd -SEQR- Negative Declaration -Mass Ave Community Homes(Various Addresses)_R &F 5. Strat Plan- Report of Sale -89 Fifteenth St(Nia) APP 6. Strat Plan- Report of Sale -237 Hudson(Ell) CD 7. Strat Plan- Report of Sale -11 & 15 Perkins(Nia) APP 8. Strat Plan - Subrecipient Agmt Btwn COB & BURA for Admin and Mngt of COB Federal HOME Program CD COMPTROLLER 9. Appoint City Auditor(Exem pt) (Kaufman) CS COUNCIL PRESIDENT 10. Time Warner Fee for Leasing A Modem LEG PUBLIC WORKS 11. Encroachments Within City ROW -468 Delaware APP 12- 11A Little Library Program Stations Within City ROW CD,CPBD 13- 11 B Permission for Acquisition of ROW by NYSDOT Ohio St. Impr(Fill) APP 14- 12. Permission to Hire Consultant- Broadway Market Parking Garage Reconst(Fill) APP 15- 13. Report of Bids - Emergency Repairs Ellicott & Goodrich Garage(Fill) APP 16- 14. Request to Purchase Vehicles -Dump Trailer APP 17- 15. Appoint Caulker Supervisor I (Perm)(Step V)(McManus) CS FIRE 18- 16. Change in Contract Eng and Design of a New Radio Tower(Del Park) APP PERMITS AND INSPECTIONS 19- 17. Clarifying The City's Food Store Licensing Closure & Appeals Process LEG 20- 18. Food Store License -1146 Hertel(Del) APP 21- 19. Reinstitute A Deli Task Force LEG 22- 20. Second Hand Dealer -442 William(Ell) LEG ADMINISTRATION AND FINANCE 23- 21. First Quarter Gap- 2012 -2013 FIN CITY CLERK 24- 22. Board of Ethics Minutes - 10/16/2012 R &F 25- 23. Liquor License Applications R &F 26- 24. Reports of Attendance R &F 27- 25. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 28- 26. Buffalo Water Bd Monthly Report- October 2012 R &F 29- 27. D. Franczyk- Concerns Deli License 1069 Broadway(Fill) LEG 30- 27A Empire State Dev- SEQR - Canalside Land Use Improvement Project CD 31- 27B Erie Canal Harbor Dev Project- Modified General Project Plan -Pub Hrg CD 32- 27C. NYS Env Quality Review Act - Harbor Center Project CD 33- 28. J. Golombek -R. Yelda -Req New Green Code Does Not Impact Bflo's Comm Protection From Natural Gas Extraction Ordinance CD,OSP 34- 29. Kaleida Health Women's & Children's Hospital Project R &F 35- 30. R. Ku bin iec- Residents Oppose Gas Station at 345 Amherst R &F 36- 30A M. LoCurto -Time Warner Faces Lawsuit Over Fee for Lease of Modem LEG 37- 31. D. Pridgen -T. Pritchard -Req Investigation of Sewer Line Northeast Corner of Delaware and Bryant(Del) R &F 38- 32. D. Smith - American Red Cross 2012 Annual Report R &F PETITIONS 39- 33. R. Franks, Agent, Use 1209 Delaware for a Pole Sign(EII)(hrg 12/04) LEG,CPBD 40- 34. B. Meyers, Agent, Use 180 Franklin for an LED Ground Sign (EII)(hrg 12/04) LEG,CPBD,ZONING 41- 35. S. Shafie, Agent, Use 1261 Hertel for a Pole Sign(no pub hrg)(Del) LEG,CPBD RESOLUTIONS 63- 36. Fontana, etc Bflo CC Supports Homeless Alliance of WNY ADOPT 64- 36AA Franczyk Reasons for Denial of Transfer Station License Appl 1037 Seneca St APP 65- 36A. Golombek,etc. Urge Resolution of National Hockey League Lockout ADOPT 66- 37. Golombek Waive Fees Flames Across Niagara War of 1812 Commemoration APP 67- 38. LoCurto, etc Support Funding for EC Vector and Pest Control Program ADOPT 68- 38A Rivera Permission to Hang Banner in Front of The West Side Bazaar APP 69- 39. Russell,etc Support of International Safe Toys & Gift Month ADOPT 70- 39A. Smith Education Week ADOPT 71- 40. Smith Comm of Deeds Public Duties ADOPT 72- 40A. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 42- 1. Com 26 Nov 13 Appoint Assistant Administrator(Perm)(2 Step) (Boyce)(PW) APP 43- 2. Com 27 Nov 13 Appoint Associate Account Clerk(Perm)(Cunningham)(3 Step)(PW) APP 44- 3. Com 28 Nov 13 Appoint Equipment Operator (Prov)(Leonard)(Inter)(PW) APP 45- 4. Com 34 Nov 13 Appoint Assistant Director Housing & Property Inspect (Perm)(Petrucci)(5 Step)(EDPI) APP 46- 5. Com 41 Nov 13 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 47- 6. Com 4 Oct 30 Audit - Department of Parking(Compt) R &F 48- 7. No 53 Oct 16 Buffalo Civic Auto Ramps, Inc 2012 -2013 Budget (Bd of Pkg)( #2,7/10) APP 49- 8. Com 75 Sept 4 Abandoned Vehicles for City Use(Durango, Expedition) APP COMMUNITY DEVELOPMENT 50- 9. Res 88 Nov 13 Request to Amend LDA -Oak Michigan Industrial Corridor(Pridgen)(Hrg 11/27) APP 51- 10. Com 7 Nov 13 Request to Amend LDA -Oak Michigan Corridor(Strat Plan) APP 52- 11. Com 6 Nov 13 Report of Sale- 14,26,34,40 Holland(EII)(Strat Plan) APP 53- 12. Com 32 Nov 13 Restaurant Dance License(New) 262 Delaware(Ell)(EDPI) LEG 54- 13. Com 33 Nov 13 Restaurant Dance License(New) 391 Ellicott(EII)(EDPI) LEG 55- 14. No 46 Oct 16 D. Smith - Independence Producers Alliance- Concerns Apollo Media Center R &F LEGISLATION 56- 15. No 56 Nov 13 A. Akol, Owner, Use 1256 Hertel, Re- Establish Restaurant in Hertel Avenue Special District(Del)(hrg 11/20) APP 57- 16. No 58 Nov 13 K. Johnson, Owner, Use 3223 Main to Re- Establish a Restaurant (Univ)(hrg 11/20) APP 58- 17. Com 29 Nov 13 Response - Application for Restricted Use Permit -75 W. Chippewa St(Police) R &F 59- 18. Com 37 Nov 13 Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(EII)(12 /31)(Cty Clk) APP 60- 19. No 48 Oct 16 S. Malliaris, Owner, Use 451 Elmwood to Expand & Enclose an Outdoor Cafe(Nia)(hrg 10/23) APP 61- 20. No 48 Sept 18 D. Pridgen -T. Pritchard Request Investigation of Sewer Lines Northeast Corner Of Delaware and Bryant R &F 62- 21. Com 26 July 10 Food Store License(New) -674 Hopkins (South)(EDPI) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 27, 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 November 13, 2012 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 1093,1097,1105 BROADWAY AVENUE This notice is Issued pursuant to Part 517 of the implementing regulations pertaining to Article 5 SEQR - 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 SEQR the Lead Agency has reviewed the folJowln action as it relates to the environment: Action Title Retail Development Location 1093, 1097, 1105 Broadway Avenue Type of Action Uncoordinated - Unlisted Description: Ellicott Development Company is proposing on behalf of the owner Omar Shabi the construction of a building addition with Banking located at 1093.1097 1105 Broadway Avenue Buffalo New York. the parcels are on Broadway Avenue between Sweet Street and Playter Street. The goal of the owner is to provide one continuous building facade beginning at the remaining existing building. The new construction will require the demolition of at- existing building on the site. The new facade will be all new with a central entrance. The project will add approximately 7500 square feet of commercial space. Bin- retention for storm water control will be utilized for both the surface of the parking =at as Well as runoff from the building. The project if privately funded 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: the new building will help bring stability to an area that slowly butt steadily been building growth through the efforts of the business and community leaders. 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 w I 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 Hail Buffalo New York 14202 - 716 851 -5085 Dated: November 20. 2012 RECEIVED AND FILED NO. 2 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -70 CHALMERS 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 SEQR the Lead Agency has reviewed the following action as it relates to the environment: Action Title Elm Community Resource Center Location 70 Chalmers Street Type of Action: Uncoordinated - Unlisted Description: Tommaso Briatico Architects on behalf of Elm Community Development Corporation is proposing the construction of a building addition located at 70 Chalmers Street, Buffalo New York. The proposed project includes the construction of a two story 15,500 Square Foot masonry addition to the established Elm Church. The addition Will be used create a multiple programs to assist youth, families and elderly members of the surrounding community. The primary use is to provide a safe building for continuing education, training, GED testing, computer training health and wellness programs, meals for the elderly and exercise programs. The programs will provide a response to many profound needs in the adjacent community. New landscaping will be installed as well as improvements will be made to the existing landscaping. As a result of this Environmental Review the Lead Agency has determined the undertaking of This action will 7at 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: The project will allow for at risk youth, families, senior citizens and others a safe haven to receive assistance, or participate m programs that w I be beneficial to the surrounding community and the resident that reside there- The identified potential negative impacts appear to be primarily snore -term see preparation and construction related activities, and do not appear to be significant in magnitude or effect There are no actions related to me construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Martin Grunzweig, Land use Controls Coordinator Room 901 City Hall, Buffalo New York 14202- 716 851 -5085 Dated: November 20, 2012 City Clerk RECEIVED AND FILED NO. 3 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION -MASS AVENUE HOMES 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 BEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Catholic Health Headquarters Location: 144 Genesee Street Type of Action: Coordinated, Type 1 Action Description: Uniland Development on behalf of Catholic Health is proposing Ins construction of a new headquarters building located at 144 Genesee Street. Buffalo New York. The project will include the construction of a six -story office building with an attached three level parking deck located on a 4.2 acre site at Block 21 aka 144 Geneses Street. Each floor will have approximately 23000 gross square feet of floor area. for an overall building total of 140.000 square feet, There will be 630 parking spaces in a three -level open air pre -cast concrete parking and 7(3 at grade parking spaces, The building facade will be brick precast stone, aluminum metal panels, large expenses of clear glass with bright metal sun shades The overall building height is 102' to the top of the mechanical penthouse. The main access to the property will be off of Geneses Street. There is a limited access loading area off of Elm Street. The building entrance element features an overhanging canopy and visitor drop off. The proposed use for the facility is general office and a training center, A Phase 1 environmental review has been completed as well as a traffic study, Catholic Health is working with the New York State Department of Transportation to make the street cresting area at the comer of North Oak Street and Geneses Street a safe crossing for pedestrians both customers and staff. All possible precautions will be taken. New landscaping will be installed to screen the parking lot and ramp as this area of downtown is an important gateway to the downtown business district. The current zoning of this parcel is CM Commercial District. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect or the quality of the environment. No furthe 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 discussion are as follows: This project will allow for the influx of hundreds of individuals into downtown Buffalo Who are expected to patronize the many stores and restaurants in the area. The project will also create a positive image of an area that has been vacant for many years providing a visual gateway into the downtown area The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to De 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 and Use Controls Coordinator Room 901 City Hall, Buffalo New York 14202- 716 951 -5085 RECEIVED AND FILED NO.4 SEQRA NOTICE OF DETERMINATION NO. SIGNIFICANCE NEGATIVE DECLARATION MASS AVENUE COMMUNITY HOMES 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 SEQR the Lead Agency has reviewed the following action as it relates to the environment Action Title Mass Avenue Community Homes Location; Scattered Sites 12,16,18,20, Sherwood, 269,271 Hampshire, 264, 266 268.270 Massachusetts. 384.386 Norms 359,361.363.367,369 Normal, 37 19 257 Massachusetts, 393 Massachusetts 405 Massachusetts, 494 Massachusetts 135 Chenango, 248 Vermont. 527 West Utica. 373 377 14th Type of Action: Coordinated Type 1 Description: Passers Associates, Engineering Architecture on behalf of PUSH Buffalo "The Buffalo Neighborhood Stabilization Corporation" (BNSC) is proposing the construction of new homes and any renovation of existing homes located on the above listed addresses BNSC plans to revitalize 25 properties on the West Side of the City of Buffalo in consultation with Housing Visions Consultants Inc. (HVC) m preparing the funding application to the New York State Office of Homes & Community Renewal HVC has had experience with developing Duality affordable housing with a mission of "sustaining and revitalizing neighborhoods through a comprehensive al01 oreach that improves me quality of life. The Mass Ave. Community Homes Project fits directly within the spirit of Buffalo Massachusetts Avenue Corridor Green Development Zone (GDZ) The gdz was founded by PUSH in 2008 It is a place based initiative anchored in a 25 block section of the city's West Side that includes green affordable housing construction community -based renewable energy projects, housing Weatherization, green jobs training and urban agriculture. BNSC strives to incorporate as many energy efficiency and innovative green building techniques as possible including efficient heating systems and insulation technologies, on demand water systems, and radiant floor heating systems. Each of these techniques enables BNSC to implement the standards of the Green and Healthy Homes Initiatives. The project site locations are scattered over the general block of Hampshire St, West Ferry St Richmond Ave. Vermont St and Normal Ave. There are 7 new build sites t13 new buildings) and 7 rehabilitation sites on 25 properties to provide 47 residential units. Construction and rehabilitation will be beginning as soon as all approvals are received. The overall project will take approximately 18 months but each individual site will be completed within a few months after construction begins. 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 effort to build stability into a diverse and growing community of committed individuals and families. 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 Ball, Buffalo New York 14202 - 716 851 -5085 Dated: November 20, 2012 RECEIVED.AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 REPORT OF SALE 89 FIFTEENTH STREET, 179' NW OF CONNECTICUT LOT SIZE: 27'X 149' ASSESSED VALUATION: $4,800 NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Mrs. Kazi Shajeda Rouf of 34 -36 34 Street, Apt. #3R, Astoria, New York 11106 to purchase 89 Fifteenth Street. Mrs. Rouf owns a house at 87 Fifteenth Street and would like to purchase the adjoining lot for her tenants to use for green space and to grow a vegetable and flower garden. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate indicates sale prices of similar properties in the area range from Seventy -Nine Cents ($.79) per square foot to One Dollar and Fifty Cent ($1.50) per square foot. Mrs. Kazi Shajeda Rouf has agreed and is prepared to pay Four Thousand Four Hundred Dollars ($4,400) or approximately One Dollars ($1.00) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 89 Fifteenth Street to Mrs. Kazi Shajeda Rouf in the amount of Four Thousand Four Hundred Dollars ($4,400). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate 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 November 19, 2012, be received and filed; That the offer from Mrs. Kazi Shajeda Rouf, 34 -36 34 Street, Apt. #3R, Astoria, New York 11106, in the amount of Four Thousand Four Hundred Dollars ($4,400.00) for the purchase of 89 Fifteenth Street, 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 REPORT OF SALE 237 HUDSON LOT SIZE: 36 X 116 ASSESSED VALUATION: $5,500 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Alice M. D'Amato, 497 Sumner Road, Corfu, New York 14036 to purchase 237 Hudson. Ms. D'Amato owns an apartment building at 235 Hudson and would like to purchase the adjoining lot at 237 Hudson for off - street parking purposes. 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. Ms. D'Amato commissioned Troy Realty and Appraisal, Timothy Troy, Appraiser and he has estimated the fair market value of the property to be Three Thousand Seven Hundred Dollars ($3,700) or Eighty -Eight Cents (.88) per square foot. The appraisal was submitted to the City of Buffalo Appraisal Review Board and they concur with the Appraiser's estimate of value. Alice D'Amato has agreed and is prepared to pay Three Thousand Seven Hundred Dollars ($3,700) or approximately Eighty -Eight Cents (.88) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 237 Hudson to Alice M. D'Amato in the amount of Three Thousand Seven Hundred Dollars ($3,700.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMKMUNITY DEVELOPMENT. NO. 7 REPORT OF SALE 11 & 15 PERKINS 11 PERKINS 15 PERKINS LOT SIZE: 30 X 151 27X151 ASSESSED VALUATION: $4,200 $3 NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Tammy L. Edin of 17 Perkins, Buffalo, New York 14213 to purchase 11 & 15 Perkins. Ms. Edin owns and resides at 17 Perkins and would like to purchase the lots adjacent to her home for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Ms. Edin commissioned Thomas M. Wolf, Appraiser, and he has estimated the fair market value of the properties to be Three Thousand Dollars ($3,000) or Thirty -Five Cents (.35) per square foot. The appraisal was submitted to the City of Buffalo Appraisal Review Board and they concur with the Appraiser's estimate of value Tammy L. Edin has agreed and is prepared to pay Three Thousand Dollars ($3,000) or approximately Thirty -Five Cents (.35) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 11 & 15 Perkins to Tammy L. Edin in the amount of Three Thousand Dollars ($3,000.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate 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 November 19, 2012, be received and filed; That the offer from Ms. Tammy L. Edin, 17 Perkins, Buffalo, New York 14213, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 11 Perkins and 15 Perkins, 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 SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR ADMINISTRATION AND MANAGEMENT OF THE CITY OF BUFFALO FEDERAL HOME PROGRAM Your Honorable Body is hereby requested to approve a subrecipient agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA) for administration and management of the federal HOME funds by BURA. The contract amount is for $722,856.00 and covers BURA's administrative costs for the period through April 30, 2013. A draft of the subrecipient agreement is attached for your reference. This Office requests and recommends that Your Honorable Body: 1. Approve the utilization of the HOME funds in an amount up to $722,856.00 for the above described subrecipient agreement; 2. Approve the terms and provisions in the attached draft HOME Subrecipient Agreement; 3. Authorize pertinent City personnel to take al! such steps and actions and to draft and execute such agreements and documents as shall be reasonably necessary to achieve the purposes and objectives of the HOME subrecipient agreement and otherwise to secure BURA's compliance with the HOME funding source requirements and the requirements of the City of Buffalo; 4. Authorize the Corporation Counsel's office to process the HOME Subrecipient Agreement and all related agreements and negotiate same to finalization including such terms and provisions as are recommended by pertinent City offices; and 5. Authorize the Mayor and /or the Executive Director of the City's office of Strategic Planning to execute the completed HOME Subrecipient Agreement and all related documentation on behalf of the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 9 APPOINT CITY AUDITOR EXEMPT AT THE FLAT SALARY OF $86,685.00 Appointment Effective: in the Department of Audit and Control, Division of Audit to the position of City Auditor, exempt at the flat salary of $86,685.00 Kevin J. Kaufman, 254 Linden Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 10 TIME WARNER FEE FOR LEASING A MODEM Mr. Chwalinski: Please file the following item regarding Time Warner Cable's announcement of a customer modem rental fee for the next upcoming meeting of the Common Council. Thank you. Sincerely, Richard A. Fontana Council President Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 468 DELAWARE AVE. ENCROACHMENT IN CITY RIGHT -OF -WAY Mr. Scott Croce of DelVir LLC- owners of the property located at 468 Delaware Ave., has requested permission to encroach City right of way at said address. The proposed encroachments are as follows: Roof overhang (3' to 4') of commercial portion along Delaware Avenue and Virginia Street. However there is no sidewalk below the roof overhang, only a 10' wide landscaped area. Sun shades above windows C2') Stairs to main entrance encroaches by approximately 8' on Delaware Avenue and Virginia Street. The distance from step to curb is 13' on Delaware and 8' on Virginia, well within the minimum required clearance Entrance Canopy above main entrance cantilevers approximately 4' into right of way. These encroachments would be incorporated into a proposed mixed use buildin8 that has yet to be constructed but which has obtained Zoning Board of Appeals and City Planning Board approvals. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right -of- way, 4. That the applicant supply the Department of Public Works. Parks and Streets with a certificate of insurance and /or bond in an amount deemed sufficient by the Corporation Counsel. which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, dated November 19, 2012, be received and filed; That the Commissioner of the Department of Public Works, Parks and Streets is hereby authorized pursuant to Chapter 413 -67 of the City Charter (Encroachment Regulations), to issue a "Mere License" to Mr. Scott Croce of DelVir, LLC upon the Following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right -of- way, 4. That the applicant supply the Department of Public Works. Parks and Streets with a certificate of insurance and /or bond in an amount deemed sufficient by the Corporation Counsel. which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. PASSED AYES 9, NOE 0 NO. 12 LITTLE LIBRARY PROGRAM STATIONS WITHIN CITY RIGHT OF WAY [:Mr. Ben Johnson, Executive Director of the Parkside Community Association, has requested permission to install ten (10) "Little Libraries" within City right of way at various locations in the Parkside area. These stations will be designed to protect donated books from the elements, and will be free and accessible to the public. The proposed locations are 310 Woodward Ave., 138 Woodward Ave.. 60 Agassiz Circle, 36 Tillinghast PL. 28 Elam PI.. 120 Greenfield St., 461 Woodward Ave., 73 Crescent Ave., 94 Jewett Pkwy. and the Fairfield Library. The property owners of the these 10 locations have written their letters of consent and support. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachments provided the following conditions are met: I. That the Parkside Community Association obtain any and all other City of Buffalo approvals and /or permits necessary. 2. That the exact location of the proposed stations be approved by this department prior to installation. 3. That the Little Libraries be installed exactly as shown on plans submitted to and approved by the Division of Engineering. 4. That the stations be a minimum of 18" from the curb line as described in Chapter 413 -67(a) of the City Charter. 5. That permission be obtained from affected property owners to utilize the abutting City right of way. 6. That the stations installer notifies Dig Safely New York (1- 800 - 962 -7962] two working days before installation as required by New York State code 753. 7. That the Parkside Community Association be responsible for maintenance of the Little Libraries as long as they remain within City right of way. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD NO. 13 PERMISSION FOR ACQUISITION OF RIGHT OF WAY BY NYSDOT OHIO STREET IMPROVEMENTS PROJECT - PIN 5044.01 FILLMORE DISTRICT Permission is requested from Your Honorable Body to authorizing the New York State Department of Transportation ( NYSDOT) act on behalf of City to acquire all necessary Right of way (ROW) parcels required for improvement of Ohio street between Michigan Avenue and Fuhrmann Boulevard. In addition, permission is requested for which City will accept all the parcels that will be acquired by NYSDOT for this project, after construction is completed and accepted. Eire Canal Harbor Development Corporation (ECHDC) in cooperation with City of Buffalo intends to progress the design phase of the project and turn over to the City to administer the construction phase of the project. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, dated November 19, 2012, be received and filed; That the Common Council hereby authorizes the New York State Department of Transportation ( NYSDOT) to act on behalf of the City of Buffalo to acquire all necessary right -of -way parcels required for the improvement of Ohio Street between Michigan Avenue and Fuhrmann Boulevard. PASSED AYES -9 NOES -0 NO. 14 PERMISSION TO HIRE CONSULTANT BROADWAY MARKET PARKING GARAGE RECONSTRUCTION FILLMORE 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 Parking Garage Reconstruction (Expansion Joints), Broadway Market. The expansion joints have failed to the point of considerable leakage into the first floor market, resulting in extensive concrete damage. The scope of this work addresses the expansion joints which must be completely replaced. The cost for consulting services is estimated not to exceed $12,500.00. Funds are available in 32320106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated November 15, 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 Parking Garage Reconstruction (expansion joints), Broadway Market. The cost for consulting services is estimated not to exceed $12,500.00. Funds are available in Account 32320106 445100 — Buildings. PASSED AYES -9 NOES -0 NO. 15 REPORT OF BID EMERGENCY REPAIRS- ELLICOTT & GOODRICH GARAGE (EGG) [ FILLMORE DISTRICT This is to advise your Honorable Body that I requested and received bids Proposals on October 22, 2012 for emergency repairs at EGG parking ramp. 1 -Union Concrete and Construction Corp. $ 24,875.00 2- Morris Masonry Restoration, LLC $ 38,070.00 3- Crane -Hogan Structural System, Inc. $ 48,550.00 4 -Hohl Industrial $ 60,622.00 5- Contoursteel No Bid I hereby certify that the lowest responsible bidders is Union Concrete and Construction Corp. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 27,362 (Base Bid $ 24,875+ a $ 2,487- 10% Unit bid increase = $ 27,362).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 November 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Ellicott & Goodrich Garage emergency repairs with Union Concrete and Construction Corp. in the amount of $27,362.00 (Base Bid $24,875 + 10% Unit Bid Increase of $2,487.00 for a Total Bid of $27,362.00). Funding for this project is available in an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 16 REQUEST TO PURCHASE VEHICLES Purchase(1) 32' Full Frame Dump Trailer w /vibrator for Streets Dept to Replace trade in unit from contract# 7581 $53,673.00 TOTAL $53,673.00 Funds to come out of 34300106 - 445100 Syracuse Trailer Sales 6495 Transit Rd Bowmansville NY 14026 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated November 15, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Public Works, Parks and Streets to purchase a one (1) 32' full frame dump trailer with vibrator for the Streets Department to replace the trade in unit from Contract #7581. Funds are available from Account 34300106 - 445100. PASSED AYES -9 NOES -0 NO. 17 APPOINT CAULKER SUPERVISOR I(PERM)(MCMANUS) Appointment effective 11/08/2012 in the department of Public works, parks and streets to the position of Caulker Supervisor I, Permanent at the 5 th step of $43,605.00 Patrick McManus, 223 Dearborn St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 18 CHANGE IN CONTRACT - $50,000 ENGINEERING AND DESIGN OF A NEW RADIO TOWER IN DELAWARE PARK AND C DISTRICT POLICE PRECINCT (CCP #15 4/3/12) The Buffalo Fire Department is requesting permission of Your Honorable Body to increase Contract Number 93000938. Please be advised that the original contract was for repairs and upgrades to the existing radio tower. Subsequent to a recent construction inspection, the existing tower has been condemned and must now be replaced. The increase in the contract amount of $50,000 represents a change order that will facilitate engineering services as per the attached. Please be further advised that this is an emergency request. Failure to immediately begin this project WIFI result in the interruption of emergency communications for Police and Fire and cause us to be out of compliance with the mandate from the FCC to low band by January, 2013. Funds for these services will be expended from UASI Grant, account #24740437 474100 10455. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire dated November 7, 2012, be received and filed; and That the Commissioner of Fire, be, and he hereby is authorized to execute Change Order #1 in the amount of $50,000.00 for the replacement of an existing radio tower that has been condemned and must be replaced to prevent the interruption of emergency communications for Police and Fire. The funds are available from UASI Grant, Account #24740437 47410010455. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 19 CLARIFYING THE CITY'S FOOD STORE LICENSING CLOSURE & APPEALS PROCESS ITEM# 73, CCP OCTOBER 16, 2012 This correspondence is in response to the Common Council request for "Comments and /or responses" to the aforementioned Resolution to "Clarifying the City's food Store Licensing, Closure & Appeals Process ". The Department of Permit & Inspection Services has the following comments regarding this resolution: The Department of Permit & Inspection Services is responsible for the processing, issuance, suspension and /or revocation of all license applications regulated within Chapter 194 "Food Stores" of the ordinances of the City of Buffalo. The following procedures are followed per Chapter 194 "Food Stores ": All new Food Store applications must receive approval for "Zoning and Legal Use ", Building Inspection approval, Fire Inspection approval, Police approval and Common Council approval. Any conditions as so specified and approved by the Common Council are applied to the license of said Food Store. All renewal Food Store licenses are inspected for compliance by Building Inspections, Police and reviewed by the Common Council for the purposes of recommending an investigation to determine whether sufficient evidence of violations merits and Administrative Hearing. The Common Council may also conduct it's own Hearing. In instances of alleged violations and /or non - compliance, the Department of Permit of Inspection Services must conduct an investigation, gather any supporting evidence and determine whether or not an Administrative Hearing is merited. The Departments of Law and Permit & Inspection Services coordinate with all applicable enforcement agencies in the gathering of all evidence for alleged violations. In cases of Administrative Hearings, the Department of Permit & Inspection Services must prepare a "Notice of Hearing" and "Notice of Petition" to inform each licensee as to the date of hearing and the specific "violations" the licensee is being charged with. Administrative Hearing must be conducted before an Administrative Law Judge and the City is represented in all hearings by a designee of the Law Department. Upon the completion of said hearings, the Administrative Law Judge submits a recommendation to the Commissioner of Permit & Inspection Services for his or her final determination. All appeals to any hearing decisions are also managed by the City of Buffalo Law Department. Should any suspension, revocation and or conditions be the result of any hearing determination, the Department of Permit & Inspection Services enforces said determinations with the assistance of the Buffalo Police Department if needed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 20 FOOD STORE (NEW) 1146 HERTEL (DELAWARE) 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 1146 Hertel (Community Corner Inc. /Saddam Al Doghani) 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 November 13, 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 Saddam Al Doghani d /b /a Community Corner Inc., located at 1146 Hertel. PASSED AYES -9 NOES -0 NO. 21 REINSTATE A DELI TASK FORCE ITEM NO 76, OCTOBER 30, 2012 This correspondence is in response to the Common Council request for "Comments and /or responses" to the aforementioned Resolution to "Reinstitute a Deli Task Force ". The Department of Permit & Inspection Services has the following comments regarding this resolution: The Department of Permit & Inspection Services understanding that the formation of the "unofficial" Deli Task Force was in response to the City of Buffalo Charter lacking any ordinances that regulated "Deli Stores ". It is also the understanding that the "Deli Task Force" operated for a very short period of time with law suits resulting from the limited actions taken by said "Dell Task Force ". The City of Buffalo enacted regulations in the City Charter in 2002 to regulate "Deli Stores" through licensing ordinances "Food Stores" per Chapter 194. "Food Store" ordinances require that all stores are at least annually inspected by Police, Fire and Building Inspections. Additionally, new store applications must be approved by Police, Fire, Building Inspections, Zoning and Common Council. The Departments of Police and Permits & Inspections have also coordinated the involvement of many additional Agencies in order to investigate specific instances of "alleged" violations within stores. As the Department of Permit & Inspection Services is of the opinion that the implementation of Chapter 194 "Food Stores" has given the City of Buffalo the capacity to regulate "Deli Stores "' through reviews, inspections and investigation of numerous Agencies, the reinstitution of the unofficial "Deli task Force" is unnecessary. However, this Department will employ whatever policies and procedures this Honorable Body implements. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 SECOND HAND DEALER 442 WILLIAM (ELLICOTT) 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 442 William 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 Abdulkarim Saleh. The attached thereto for Abdnikarim Saleh d /b /a Gamestar. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 23 FIRST QUARTER GAS 2012 -2013 The First Quarter Gap is a conservative view of the current year budget. At this time, revenues and expenditures are projected to come in close to adopted budget. We continue to be conservative in our projections. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 24 BOARD OF ETHICS MINUTES 10/16/2012 City of Buffalo Board of Ethics Meeting Minutes Tuesday, October 16, 2012 Members in Attendance: Douglas Coppola, James Magavern, Gerald Chwalinski, Eleanor Paterson, Richard Sullivan, Cavette Chambers Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: 1) Roll Call 2) Doug will email Nicholas Heidinger, Personnel Assistant, Dept. of HR, to see what his concern was with the Brown & Brown Insurance broker and the Old First Ward Community Assoc. Brown & Brown is also the City's insurance broker. Is there a conflict of interest? 3) KANA Connect Sept. 2012 Conference attended by Oswaldo Mestre, Jr. He needs to submit a transactional disclosure statement and the BOE will file it as receiving report(12 -5). Old Business: 1. Per Cavette, the Law Department will be drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. Cavette will email the board the status of this. 2. Doug will email Judge Hannah again about the status of replacing the BOE's one vacancy and the renomination of "hold- over" members. Approval of the June 19, 2012 minutes with minor correction, one "t" in Paterson. Next meeting will be scheduled Tuesday, November 20, 2012. Meeting adjourned RECEIVED AND FILED NO. 26 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 19 Wadsworth Pausa Art House Lazara C. Nelson 149 Elmwood Savoy Noel Sutton 144 Playter St Social & Athletic Club Inc. Corpus Christi 71 -75 Allen St Don Tequila Inc. Sergio Mucino 199 Delaware Touch Ent Inc. 199 Delaware RECEIVED AND FILED NO. 26 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 27 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 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment effective 11 /12/12 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer 11 Permanent, Non - Competitive, Minimum starting salary of $22,423. Thomas Skibinski, 121 Virgil Avenue, Buffalo 14216 Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment effective 11 /9/12 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary, Open- Competitive, Flat starting salary of $15.00. Raymond Gallagher, 687 Hopkins St, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 28 BUFFALO WATER BD MONTHLY REPORT - OCTOBER 2012 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 29 D. FRANCYZK- CONCERNS DELI LICENSE 1069 BROADWAY(FILL) ALL: I though EVERY resident in Buffalo should know how our some of judiciary is making it very difficult for the police to create and sustain safe neighborhoods in the City of Buffalo. The attached order is from Judge Timothy Walker in regards to 1069 Broadway. Bottom Line: He ordered the City of Buffalo to give a license to a Dell that NEVER had a license to begin with. In fact, this Dell was involved in the Dell sting where they purchased stolen property, etc.). However, another issue is that is located right next to a community center that many of our youth frequent. Nice example to be sending to our youth. The police, with cooperation from the residents, cannot curb the growth of crime if SOME of our judges continue to move in a different direction. I urge all residents to call Judge Walker and let him know how you feel. This is an enduring issue. If we allow judges the ability to determine who can get a license, then why have a licensing process? If a business is proven to engage in criminal activity, why allow it to operate? What is the incentive to abide by any laws or ordinances in this country? The residents of this city deserve better! v/r Chief Patrick Pascall REFERRED TO THE COMMITTEE ON LEGISLAITON NO. 30 EMPIRE STATE DEV- SEQR- CANALSIDE LAND USE IMPROVEMENT PROJECT SEQRA Negative Declaration Notice of Determination of No Significant Effect on the Environment NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT Erie Canal Harbor Development Corporation Canalside Land Use Improvement Project City of Buffalo, County of Erie, New York This notice is issued pursuant to and in accordance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The New York State Urban Development Corporation d /b /a Empire State Development ( "ESD "), as lead agency on behalf of its subsidiary, the Erie Canal Harbor Development Corporation ( "ECHDC "), has determined that the adoption of a modified general project plan ( "MGPP ") for the Canalside Land Use improvement Project, which would include changes in the type /level of development on the Webster Block as outlined in the proposed HARBORcenter Project and selected other site refinements (the "Project" or the "Proposed Action ", as further described below) will not result in any new significant adverse impacts on the environment that were not already evaluated in the Canalside Land Use Improvement Project Final Generic Environmental Impact Statement ( "FGEIS "). ESD has classified the Proposed Action as a Type 1 Action under New York State Environmental Quality Review Act ( SEQRA). Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 ERIE CANAL HARBOR DEV PROJECT - MODIFIED GENERAL PROJECT PLAN -PUB HRG Dear Mr. Gerald Chwalinski: I am hereby transmitting, for filing in your office, the General Project Plan of the New York State Urban Development Corporation ( "UDC "), doing business as Empire State Development (the "Corporation "), together with related environmental analysis and the findings required pursuant to Sections 16 -m and 10(g) of the UDC Act, for the Modified General Project Plan in Erie County. This material is being filed pursuant to Section 16(2) of the UDC Act. A public hearing, also required by the UDC Act, will be held by the Corporation at the Minnie Gillette Auditorium at Erie Community College's City Campus, 121 Ellicott St., Buffalo, NY on December 5, 2012 from 6 -9 pm to consider the General Project Plan. ESD is a corporate governmental agency and public benefit corporation of the State of New York created by the New York Urban Development Corporation Act of 1968 as amended. Therefore, pursuant to CPLR Section 8017, ESD is exempt from any fee which may be imposed in connection with your receipt of these materials. Sincerely, Jessica Gage Executive Assistant Copy available for review in the City Clerk's Office see item #32 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 32 NYS ENV QUALITY REVIEW ACT - HARBOR CENTER PROJECT New York State Environmental Quality Review Act Full Environmental Assessment Form and Supporting Analysis Proposed Action: HARBORcenter Project Buffalo, Erie County, New York Copy available for review in the City Clerks' office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 33 J. GOLOMBEK -R. YELDA - REQUSET TO ENSURE NEW GREEN CODE DOES NOT IMPACT BFLO'S COMM PROTECTION FROM NATURAL GAS EXTRACTION ORDINANCE Dear Councilmember Joseph Golombek, Jr.: My name is Rita Yelda, and I am writing on behalf of WNY Drilling Defense, a grassroots group based out of Buffalo, and Food & Water Watch, a national consumer advocacy group that works for sustainable agriculture, safe food, and clean water. This letter is to be used as official testimony to be before the Buffalo Common Council. It is my understanding that the new Green Code will impact zoning in the city of Buffalo as it calls for a new land use plan that rewrites the city's 60 -year old zoning. Though the Green Code will not be finalized until 2013, it is my request that those drafting the Green Code, even at this point, include language to ensure that Buffalo's Community Protection from Natural Gas Extraction Ordinance (Chapter 288 of the Code of the City of Buffalo) is not impacted. Buffalo's Community Protection from Natural Gas Extraction Ordinance, which is a land use ordinance that passed in February 2011, used zoning modifications to prohibit the industrial activity of gas drilling and waste treatment /storage within the city. According to Tim Ball, who was Assistant Corporation Counsel at the time the City passed the ordinance, the legislation required modifications to Section 302 of the Code. My concern is that the Green Code will modify the zoning in some way that weakens or interrupts Buffalo's Community Protection from Natural Gas Extraction Ordinance. Not only is it unwise to leave our community up for grabs to gas industry interests, but it also leaves the City vulnerable to litigation by having flawed legislation that doesn't have the zoning code it needs to back it up. These concerns were expressed in- person during a meeting between myself, Bill Parke, Mark Jaskula, and Dennis Sutton on Wednesday November 14, 2012 at Buffalo City Hall. Councilmember Golombek, as well as those who attended the meeting, are asked to contact the person(s) tasked with writing the Green Code to flag this issuer so that language to sustain Buffalo's Community Protection from Natural Gas Extraction Ordinance can be included, even in these initial stages of writing. This will spare the complications of having to correct it after the fact, and will avoid the risk of this important legislation failing through the cracks. Please confirm receipt of this testimony to the Buffalo Common Council, and communicate any follow -up information on reaching out to the writer(s) of the Green Code. I can be contacted at 716 - 507 -2077 or ryeldap_fwwatch.org Thank you for your time and consideration. Sincerely, Rita Yelda Background: Because of Buffalo's Community Protection from Natural Gas Extraction Ordinance, Buffalo has been a statewide leader in the fight to protect residents from dangerous drilling techniques and the toxic waste it creates. With this legislation, Buffalo led the way for over 100 NYS municipalities that followed suit and passed similar measures for their towns and cities. During the time the legislation was being considered, public outcry continued to grow. Many residents turned out to give testimony in packed Common Council Chambers and over 1,500 Buffalo residents signed a petition in support of the legislation. News of our city's ban found its' way in to papers as far reaching as San Francisco and even Europe. An online copy of Buffalo's Community Protection from Natural Gas Extraction Ordinance is located here: http: // documents. foodandwaterwatch.orq /doc /Frack Actions BuffaloNY.pdf The natural gas industry and its lawyers like to make municipalities think that they are powerless to prohibit the extraction of natural gas within our borders. We are not. In fact, while the Environmental Conservation Law (ECL §23 -0303) provides that municipalities may not regulate oil, gas and solution mining; the Court of Appeals has found (in the very similar mining context) that a prohibition based on land use is not a prohibited regulation and that only local laws that regulate the operation and process of the industry are pre - empted by state law. Therefore, using zoning code to prohibit drilling instead of regulating it is acceptable. So far two NYS courts have voted on the validity of these types of ordinances. To avoid being made an example of, and to protect residents, it is paramount for Buffalo to have solid legislation on the books. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING NO. 34 KALEIDA HEALTH WOMEN'S & CHILDREN'S HOSPITAL PROJECT BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 20th day of November 2012, a resolution was adopted of which the following is a true copy: Present: James A. Morrell - Chairman Horace A. Gioia Cynthia A. Schwartz Michael J. Lyons Martha Lamparelli The following resolution was introduced: WHEREAS, on August 10, 2012, Kaleida Health and Kaleida Properties, Inc. (collectively ,'Applicants "), pursuant to Chapter 421 of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent ( "LOI,'), including Exhibits A -E, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Final Subdivision Plat approval associated with the Proposed Women's and Children's Hospital of Buffalo ( "Project ") within the block bounded by Main Street on the west, Ellicott Street on the east, Goodrich Street to the north and High Street to the south, located in the City of Buffalo, State of New York ( "Project Site "); and WHEREAS, the Planning Board approved the Preliminary Layout for the Proposed Subdivision on July 31, 2012 and there have been no significant changes to the proposed subdivision plat; and WHEREASE, the Applicants submitted detailed plans for the required improvements to the City Engineer on August 8, 2012 and the City Engineering Department has approved the Proposed Subdivision subject to certain conditions; and WHEREAS, a meeting was held on the matter on August 21, 2012 where the Applicants presented the Final Subdivision Plat design details; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF'!) associated with the Preliminary Layout and associated construction of the Women and Children's Hospital of Buffalo ( "WCHOB "), submitted to the Planning Board as Exhibit "H" of the aforementioned LOI, to assist the Planning Board in reviewing the potential impacts of this request; the Planning Board determined that the construction of the WCHOB had the potential for significant adverse environmental impacts and, required a Draft Environmental Impact Statement ( "DEIS "); on November 22, 2011 the Planning Board accepted the Scope for the DEIS; and Applicants then prepared a DEIS, which was reviewed by the Planning Board and approved for public review and comment on January 31, 2012; a public hearing was held on February 28, 2012; the Final Environmental Impact Statement ( "FEIS ") was completed and accepted on May 22, 2012; and on July 31, 2012 the Planning Board has adopted a Positive Findings Statement for the Project; and WHEREAS, the Planning Board has, pursuant to City Code §§ 421 -13 et. seq., received and reviewed the Application materials for the Final Subdivision Plat and after discussing this matter, has decided to approve the Final Plat as presented; and NOW THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code §§ 421 -13 et. seq., as follows: 1. The Applicants are seeking Final Plat approval for an approximately 3.44 acre parcel of land bounded by Main Street on the west, Ellicott Street on the east, Goodrich Street to the north and High Street to the south. 2. That the Planning Board has made the following determinations with respect to the Applicants' request for Final Plat approval: a. That the Final Subdivision Plat does not conflict with the Master Plan or the official Map of the City; b. That the potential environmental impact of the Final Subdivision Plat has been minimized to the greatest extent practicable; c. That the Final Subdivision Plat does not propose to change or add to any of the streets to the City of Buffalo; d. That there are no un- subdivided lands adjoining the proposed subdivision; e. That there are no half streets associated with the proposed subdivision; f. That the tract is not subdivided into parcels larger than ordinary building lots, necessitating an arrangement to allow the opening of future streets and further re- subdivision; g. That the proposed subdivision does not require marginal access streets or other comparable techniques to separate through traffic; h. That the proposed subdivision does not contain or abut a railroad fight -of -way or limited access highway right -of -way requiring parallel streets; i. That no strip or area of land in the proposed subdivision is reserved, preventing access to any street, half street or alley by adjacent property owners; j. That there are no permanent dead -end streets, minor streets, major streets, primary streets, secondary streets, collector streets, marginal access streets or cul- de -sac streets within the proposed subdivision; k. That the lots, buildings or structures shall be given street numbers as provided in Chapter 109 of the City Code; I. That there are no alleys within the proposed subdivision; m. That the block of the proposed for subdivision is not irregularly shaped and will provide adequate off - street areas for parking, loading docks and other facilities required to accommodate motor vehicles; n. That the block of the proposed subdivision is less than 800 feet in length; o. That the proposed subdivision does not include a special planned development or residential lot; p. That the location of building setback lines conforms to the provisions of the Zoning Ordinance; q. All curbs, gutters and drainage facilities will be constructed in accordance with the standards specifications provided by the City Engineer; r. All sidewalks will be at least five feet (5') in width in accordance with the standard specifications on file with the Commissioner of Public Works; s. That all plantings along with City right -of -way shall be in accordance with the City of Buffalo Street Tree Guidelines; and t. All other improvements will be consistent with City requirements. 3. That the final Site Plan Application for Ciminelli Development's Proposed Medical Office Building at 1001 Main Street will be subject to further review and comment by the Engineering Department before final approval. 4. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 20th day of November 2012. Upon roll call vote: 4 aye's - -- no's 1 abstentions [City of Buffalo Planning Board Certification of Votes] RECEIVED AND FILED NO. 36 R.KUBINIEC- RESIDENTS OPPOSE GAS STATION AT 346 AMHERST Tops Market Gas Station Proposal - 345 Amherst St., Buffalo, NY Reference is further made to related Miscellaneous Item No. 41 and Legislation Nos. 20 through 25 on today's Council Agenda. I have been retained by a number of residents & business establishments located in the 300 block of Amherst St. to oppose the above application. I submit the following letters and reports for filing and request the same be made part of the record in this matter: 1. Sept. 10 T. Dearing, EC Dept of Environ & Planning, Coastal Planning Review, 2. Sept. 20 S. Ryan, NYS Assemblyman, 3. Oct 31 L. Marinelli, EC Legislator, 4. Oct 30 M. Grisanti, NYS Senator, 5. Nov 2 J. Fisher, Buffalo Niagara Riverkeeper, and 6. Nov 12 J. Kregel, Scajaquada Pathway Committee RECEIVEID AND FILED NO. 36 M. LOCURTO -TIME WARNER FACES LAWSUIT OVER FEE FOR LEASE OF MODEM Time Warner Cable, which has faced a storm of customer backlash after announcing a new $3.95 monthly "lease" fee for its cable customers, is now facing a pair of class- action lawsuits over the issue. Attorney Steven Wittels and The Roth Law Firm, both of New York City, are representing Time Warner customers in the suits, which were filed in state Supreme Court of New York County and Superior Court in Bergen County in New Jersey. The lawsuits are seeking an injunction against Time Warner to stop billing customers for the new charge. Want to contact the lawyers who brought the lawsuit? Click here. Time Warner spokeswoman Jennifer Holick declined to comment on the suits, which cover 15 million customers in 29 states where the company operates, from Alabama to Wisconsin. The lawyers who brought the suits claim that Time Warner will end up collecting $40 million a month from the new lease fees and that the strategy could end up pushing Time Warner's annual revenues past $20 billion. The new fee took effect Oct. 15. "It's a massive high -tech consumer fraud accomplished by low -tech methods," said Wittels. The lawsuits allege that Time Warner's customer agreements do not allow the company to charge a modem fee. They also claim that Time Warner violated its own policy of waiting 30 days for imposing such a fee after alerting customers. "They just can't do what they want to do," Roth, the other class- action lawyer, told the Times Union by phone on Wednesday. Time Warner says on its website that customers can buy their own modem if they want to as long as it is compatible with the company's system. However, some consumer advocacy groups have warned of price - gouging now for those approved modems. In a news release, the two law firms claim that Time Warner is using the additional $40 million in monthly revenue to fund infrastructure operating costs and product development and that in the past, the company has written off the cost of old modems. Time Warner did notify Internet -only customers at the same time that it imposed the new lease fee that it was reducing its standard Internet pricing by $3.95 a month. REFERRED TO THE COMMITTEE ON LEGISLATION, NO.37 D. PRIDGEN -T. PRITCHARD -REQ INVESTIGATION OF SEWER LINE NORTHEAST CORNER OF DELAWARE AND BRYANT(DEL) I would like to file the attached information for the next Common Council meeting to be held on November 27, 2012. Thank You Darius G. Pridgen Ellicott District Council Member Sewer Lines at Delaware and Bryant Dear Mr. Pridgen: In response to your letter of 9/26/12 regarding the sewer lines on the Northeast corner of Delaware and Bryant, please be advised that we sent our camera truck out to that location on 9/28/12 to televise the lines. We found no problems with our main sewer. We were also able to see approximately 20 feet up the owner's lateral line and that appeared to be in good shape. My staff showed the Building Manager the film, and he seemed satisfied that the problem was an internal one. If you have any questions, please call me at 851 -4664. Very truly yours, Buffalo Sewer Authority David P. Comerford General Manager RECEIVED AND FILED NO. 38 D. SMITH - AMERICAN RED CROSS 2012 ANNUAL REPORT Copy available for review in the City Clerk's Office RECEIVED AND FILED PETITIONS NO. 39 R. FRANKS, AGENT, USE 1209 DELAWARE FOR A POLE SIGN(ELL)(HRG 12/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 40 B. MEYERS, AGENT, USE 180 FRANKLIN FOR AN LED GROUND SIGN(ELL)(HRG 12/4) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 41 S. SHARE, AGENT, USE 1261 HERTEL FOR A POLE SIGN (NO PUB HRG)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 42 APPOINT ASSISTANT ADMINISTRATOR (PERM)( 2 ND STEP)(BOYCE)(PW) Mrs. Russell moved That Communication 26 of November 13, 2012, be received and Filed and that the Permanent appointment of Diane Boyce, 222 Norwood Ave, Buffalo, NY 14222 at the 2 nd Step of $53,498.00 is hereby approved PASSED AYES -9 NOES -0 NO. 43 APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(3RD STEP)(CUNNINGHAM)(PW) CCP #27, 11/13 Mrs. Russell moved That Communication 27 of November 13, 2012, be received and Filed and that the Permanent appointment of Raylena Cunningham, 442 Highgate Ave, Buffalo, NY 14215 at the 3 rd step of $37,683.00 is hereby approved PASSED AYES -9 NOES -0 NO. 44 APPOINT EQUIPMENT OPERATOR (PROV)(LEONARD)(INTER)(PW) CCP #28, 11/13 Mrs. Russell moved That Communication 28 of November 13, 2012, be received and Filed and that the Provisional appointment of Gregory Leonard, 149 Cushing PI, Buffalo, NY 14220 at the Intermediate Salary of $32,823.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 46 APPOINT ASSISTANT DIRECTOR OF HOUSING & PROPERTY INSPECT(PERM)(PETRUCCI)(5` STEP)(EDPI) CCP #34, 11/13 Mrs. Russell moved That Communication 34 of November 13, 2012, be received and Filed and that the Permanent appointment of Louis Petrucci, 89 Red Jacket Parkway, Buffalo, NY 14220 at the 5th Step of $66,873.00 is hereby approved PASSED AYES -9 NOES -0 NO. 46 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP#41, 11/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO.47 AUDIT - DEPARTMENT OF PARKING(COMPT) CCP#4, 10/30 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO.48 BUFFALO CIVIC AUTO RAMPS, INC. BUDGET (ITEM NO. 53, C.C.P., OCT. 16, 2012) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the Fiscal Year 2012 -2013 Buffalo Civic Auto Ramps budget. PASSED AYES 9, NOES 0 NO.49 ABANDONED VEHICLES FOR CITY USE (PARKING) (ITEM NO. 75, C.C.P., SEPT. 4, 2012) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Department of Parking, Division of Parking Enforcement to take over use of a 2005 Dodge Durango, property number 06212012,06, R1 V and a 2000 Ford Expedition, property number 06212012,03, DPE, for use as enforcement vehicles subject to the condition that vehicles be used for winter and emergency condition duties only. PASSED AYES 9, NOES 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 50 REQUEST TO AMEND LDA -OAK MICHIGAN INDUSTRIAL CORRIDOR (PRIDGEN)(HRG 11/27) Mr. Smith moved to open the public hearing, seconded by Mr. Scanlon Appearances Michael Montante, Phil Snyder, Uniland Mr. Smith moved to close the public hearing, seconded by Mr. Pridgen Mr. Smith moved to approve above item seconded by Mr. Pridgen Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombek now moves: That the Common Council hereby authorizes the Buffalo Urban Renewal Agency to designate Uniland Development Company and /or other legal entity to be formed as qualified and eligible redeveloper of 140 Genesee Street, also known as Block 21 in the Oak Michigan Industrial Corridor Phase 1113 Urban Renewal Area; and that the Mayor, the Chairman, Vice Chairman or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to amend the "Land Disposition Agreement' between the City of Buffalo Urban Renewal Agency and Uniland Development Company and /or other legal entity to be formed. PASSED AYES 9, NOES 0 NO. 51 BUFFALO URBAN RENEWAL AGENCY - REQUEST TO AMEND LAND DISPOSITION AGREEMENT - OAK MICHIGAN CORRIDOR (STRAT PLAN) CCP #7,11/13 Mr. Golombek moved: That the above be and the same hereby is returned the Common Council without recommendation. That the City of Buffalo Urban Renewal Agency is authorized to modify the Land Disposition Agreement with Uniland Development Company on the property known as Block 21 (140 Genesee Street between Elm and Oak Streets), to reflect construction of a 139,000 square foot Administrative Building with a 50,000 square foot parking structure for Catholic Health, and to modify the time frame as follows: Commencement of Project: On or before January 1, 2013 Completion of Core Structures: On or before January 1, 2014 Full Completion of Project: On or before September 1, 2014 PASSED AYES 9, NOES 0 NO. 52 REPORT OF SALE - 14 HOLLAND, 26 HOLLAND, 34 HOLLAND AND 40 HOLLAND (ELL) (STRAT PLAN) (ITEM NO. 6, C.C.P., NOV. 13, 2012) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; That the offer from Mr. William A. Paladino, on behalf of 1291 Group, LLC, 295 Main Street, Suite 210, Buffalo, New York, in the amount of Twenty - Five Thousand Two Hundred Dollars ($25,200.00) for the purchase of 14 Holland, 26 Holland, 34 Holland and 40 Holland, 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. 53 RESTAURANT DANCE LICENSE(NEW) 262 DELAWARE (ELL)(EDPI) (C.C.P #32, NOV 13) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation ADOPTED NO. 54 RESTAURANT DANCE LICENSE(NEW) 391 ELLICOTT (EI1)(EDPI) (C.C.P #33, NOV 13) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation ADOPTED NO. 55 D. SMITH - INDEPENDENCE PRODUCERS ALLIANCE - CONCERNS APOLLO MEDIA CENTER (C.C.P #46, OCT 16) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 56 A. AKOL, OWNER, USE 1256 HERTEL TO REESTABLISH RESTAURANT IN HERTEL AVENUE SPECIAL DISTRICT (DEL)(EDPIS) (ITEM 56, C.C.P., NOV. 13, 2012) Mr. Pridgen moved: That the above item be and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of A. Akol, Owner of 1256 Hertel to reestablish a restaurant in the Hertel Avenue PASSED AYES 9, NOES 0 NO. 57 K. JOHNSON, OWNER TO USE 3223 MAIN TO REESTABLISH A RESTAURANT (UNIV)(EDPIS) (ITEM 58, C.C.P., NOV. 13, 2012) Mr. Pridgen moved: That the above item be and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of K. Johnson, Owner of 3223 Main to reestablish a restaurant in the Transit Special District. PASSED AYES 9, NOES 0 NO. 58 RESPONSE - APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA ST (POLICE) (C.C.P #29, NOV 13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 59 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 75 W. CHIPPEWA (ELL) (ITEM NO. 37, C.C.P., NOV. 13.2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Pridgen now moves: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served is approved upon the following conditions: • All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are PASSED AYES 9, NOES 0 NO. 60 S. MALLIARIS, OWNER, TO USE 451 ELMWOOD TO EXPAND AND ENCLOSE AN OUTDOOR CAFE (NIA)(EDPIS) (ITEM NO. 48, C.C.P., OCT. 16, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -55 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to S. Milliaris, Owner doing business at 451 Elmwood Avenue, to erect an addition on the south side of an existing restaurant to expand and enclose an existing outdoor cafe permitted under A/P #39570 in the Elmwood Avenue Special Zoning and Design Standards District. PASSED AYES 9, NOES 0 NO. 61 D. PRIDGEN -T. PRITCHARD REQUEST INVESTIGATION OF SEWER LINES NORTHEAST CORNER OF DELAWARE AND BRYANT (C.C.P #48, SEPT 18) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 62 FOOD STORE LICENSE (NEW) - 674 HOPKINS (SOUTH)(EDPI) (ITEM NO. 26, C.C.P., JULY 10, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Saeed Almontaser d /b /a Cedos Mini Mart and Takeout located at 674 Hopkins. PASSED AYES 9, NOES 0 RESOLUTIONS NO. 63 SPONSORS: MR. FONTANA, MRS. RUSSELL, MR. SMITH, MR. FRANCZYK, MR. GOLOMBEK, MR. SCANLON, MR. LOCURTO, MR. PRIDGEN AND MR. RIVERA BUFFALO COMMON COUNCIL SUPPORT OF THE HOMELESS ALLIANCE OF WESTERN NEW YORK Whereas: Prevention, Resources, Independence through housing, Services and Maintenance (PRISM), the Buffalo and Erie County ten year plan to end homelessness was introduced to the public in 2006 by the Homeless Alliance of Western New York with the goal of ending chronic homelessness by 2016; and Whereas: The 2010 -2011 homeless annual report showed that there were roughly 5,050 homeless individuals in Erie County, 18% of which were children under the age of 18 and 40% who had become homeless for the first time; and Whereas: In 2009, Congress enacted the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act, which required the U.S. Integrity Council on Homelessness ( USICH) to develop a federal plan to end homelessness that embraces the economic and social changes that affect local communities; and Whereas: The Homeless Alliance of Western New York has recognized the need to update PRISM to align with USICH and plan for full implementation of the HEARTH Act by adapting to the Changing social and economic conditions in the City of Buffalo; and Whereas: The Homeless Alliance of Western New York seeks to create an environment with affordable housing opportunities for people of low income and greater employment opportunities that have a sustainable income to reduce the rate of poverty in the City of Buffalo, the primary catalyst for homelessness. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby supports the Homeless Alliance of Western New York in their mission to end homelessness in Buffalo and Erie County. Be it Finally Resolved: That a copy of this resolution be forwarded to the Homeless Alliance of Western New York. ADOPTED NO. 64 BY: MR. FRANCZYK REASONS FOR DENIAL OF TRANSFER STATION LICENSE APPLICATION FOR 1037 SENECA STREET Whereas: The ordinance governing Transfer Station licenses within the City of Buffalo states that the "Common Council shall consider the impact on the health, safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment..." in determining whether or not to grant a transfer license to an applicant ; and Whereas: Peter Battaglia on behalf of Battaglia Demolition Inc., filed a Transfer Station License Application on April 13, 2012, and said application was forwarded to the Common Council's Committee on Legislation, where debate was had thereon on July 17, 2012, and the application was then forwarded to the full Council with a recommendation for denial on and said recommendation as affirmed on September 4, 2012; and Whereas: This Common Council seeks to further expound upon the reasons for said denial in this Resolution, which shall constitute its findings and reasons for said determination: Whereas: Six Hundred Forty Seven residents in the Seneca Babcock community signed a petition circulated by the Seneca Babcock Community Block Club in opposition to the existence of a transfer station within their neighborhood; and Whereas: Whereas approximately Fifty Seven children reside on the highly traversed street on which primary ingress and egress to and from Mr. Battaglia's business exists and traffic is likely to increase if a transfer station license is granted; and Whereas: Putrescible waste produces unwelcome odors and rodent attraction in residential areas; and Whereas: In 2003, the Clinton Bailey neighborhood was forced to endure the processing of garbage from Glen Falls, New York which resulted in rotting, filthy, odiferous materials being transferred to residential areas creating a menace for said residents; and Whereas: The Common Council adopted Resolutions in both 2005 and 2007 against garbage schemes; and Whereas: In 2005 the Common Council approved the Seneca Babcock Urban Renewal Plan which prohibits the existence of a transfer station; and Whereas: Despite Mr. Battaglia's use permit which limits his business to construction and demolition materials, he has admitted on the record and in the Buffalo News that solid put putrescible waste from Niagara County and Erie County is processed at his facility and has been for more than twelve years; and Whereas: Residents of Peabody Street have homes within one hundred feet of Mr. Battaglia's property which is likely to cause a significant decrease in the quality of life in the area due to odors and rodent attraction if a Transfer Station license is granted; and Whereas: That in 2001, the Buffalo Urban Renewal plan considered the possible presence of putrescible garbage in the area and, due to its perceived deleterious effects, banned it from the said plan; and Whereas: Prominent national, state, and local leaders have written letters in opposition to the requested transfer station license including U.S. Secretary of State Hilary Rodham Clinton, U.S. Senator Chuck Schumer, and State Senator Tim Kennedy; and Whereas: Reports have been received from residents of premature business operation that have purportedly caused disrupted sleeping patterns of the local residents; and Whereas: The combination of the above factors indicate that the area is ill- suited for the processing and transfer or putrescible waste, particularly the close proximity to a residential neighborhood in which hundreds of people and dozens of children reside, the Common Council finds that the additional heavy truck traffic and odors, infestation and reduced air quality associated with a transfer station would have a significant negative impact on the City inhabitants; Now Therefore Be It Resolved; That for the above listed reasons, The City of Buffalo Common Council sees the issuance of a Transfer Station license inconsistent with the health, safety, and welfare of the Seneca Babcock Community residents and therefore is denying the applicant's request. PASSED AYES -9 NOES -0 NO. 66 BY: MR. GOLOMBEK CO SPONSORS MR. FONTANA, MR. SMITH, MRS RUSSELL, MR. LOCURTO, MR. PRIDGEN, MR. FRANCZYK, MR. RIVERA, AND MR. SCANLON URGE RESOLUTION OF NATIONAL HOCKEY LEAGUE LOCKOUT Whereas In 1970, the Buffalo Sabres were granted inclusion into the most prestigious hockey organization in the world, the National Hockey League; and Whereas Since that time, the Sabres organization has become part of the fabric of the Western New York and Southern Ontario communities; and Whereas Since the founding of the Buffalo Sabres, many locally based small businesses have provided products and services to both the Sabres organization and their fans; and Whereas Since September 15, 2012 there have been no National Hockey League games played due to the lack of a negotiated Collective Bargaining Agreement between the NHL owners and NHL Players Association; and Whereas Since that time, the Buffalo Sabres have lost a total of 15 home games, which translates to 15 days of lost revenue for support businesses that provide services to the Sabres organization; and Whereas This lockout has produced 15 nights of lost business for bars, restaurants and hotels that cater to National Hockey League fans that come to Buffalo to take in a Sabres game ; and Whereas This lockout has caused a decrease in Canadian visitors to Buffalo, which makes this labor strife more costly, as the Canadian dollar is now on par with the American dollar; and Whereas A continuation of this lockout may cause problems of economic vitality for various businesses in the Western New York area. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo calls upon the National Hockey League and the NHL Players Association to come to a quick resolution of their current labor issues and approve a new Collective Bargaining Agreement not only for their organization, but the fans and businesses that support the league as well, Be It Further Resolved: That the Common Council of the City of Buffalo passes this resolution to stand in solidarity with those being hurt most by this lockout, the fans and area business owners, while reminding the National Hockey League owners and players that without the support of these groups, the league would not be as profitable as it is today. ADOPTED NO. 66 BY MR. GOLOMBEK WAIVE FEES - FLAMES ACROSS NIAGARA WAR OF 1812 COMMEMORATION Whereas On June 18th, 1812, the United States of America declared war on the British Empire as part of a plan to annex Upper Canada (Ontario) and all British territory in North America to the west, marking the beginning of what would come to be known as the War of 1812; and Whereas The Niagara Frontier was one of the most hotly contested battlefronts of the War of 1812, with the Great Lakes and Niagara River areas hosting numerous land and naval battles; and Whereas In December 1813, the British invaded and burned the villages of Buffalo and Black Rock, an act done in retaliation for the burning of the Canadian village of Newark, now known as Niagara -on- the -Lake, Ont., by American forces; and Whereas On Saturday, December 8, 2012, historical organizations from both the United States and Canada will commemorate the burning of Buffalo by conducting bonfires to be lit along the shores of the Niagara River on both the Canadian and American side; and Whereas Each country will conduct a bonfire on their soil to commemorate the burning of the villages of Buffalo and Black Rock on the American side and the burning of Newark on the Canadian side of the Niagara River; and Whereas The event will be conducted to also honor the lasting peace that has been achieved between the United States and Canada since the end of hostilities; and Whereas Publicity from the event will help display the rich history and lasting peace and friendship between the United States and Canada; Now Therefore Be It Resolved: That the Common Council requests the Department of Public Works, Parks and Streets to waive all permit fees associated with the Flames Across Niagara events to be held on Saturday, December 8, 2012, at Squaw Island Park; and Now Therefore Be It Resolved: That copies of the resolution be referred to the Department of Public Works, Parks and Streets for their review and comment. PASSED AYES -9 NOES -0 NO. 67 SPONSORS COUNCILMEMBER MICHAEL J. LOCURTO AND COUNCILMEMBER DAVID A. RIVERA SUPPORT FUNDING FOR ERIE COUNTY'S VECTOR AND PEST CONTROL PROGRAM WHEREAS, the Erie County Executive recently released his recommended 2013 County Budget which included funding for its Vector and Pest Control Program; and WHEREAS, this program was eliminated in 2011 and its elimination resulted in an increased rat population throughout our community, threatening the health of City of Buffalo residents; and WHEREAS, the program was restored in 2012 and Erie County has since responded to hundreds of requests for baiting and trapping in the City of Buffalo; and WHEREAS, the budget is being considered by the Legislature and its minority caucus has released a survey asking residents if they support eliminating funding for the County's Vector and Pest Control Program; and WHEREAS, this County program is one of the few available to most city residents since there are no County roads or parks in the City of Buffalo. NOW, THEREFORE, BE RESOLVED, THAT: The Buffalo Common Council does hereby register its opposition to Erie County eliminating the Vector and Pest Control Program and calls upon the Legislature to include funding for this program in its adopted budget; and BE IT FURTHER RESOLVED, THAT: A certified 'copy of this resolution be sent to the Erie County Legislature, Erie County Executive and Erie County Department of Health. ADOPTED NO. 68 BY MR. RIVERA PERMISSION TO HANG BANNER IN FRONT OF THE WEST SIDE BAZAAR WHEREAS, the West Side Bazaar has relocated to 25 Grant Street in the City of Buffalo and is a project of the Westminster Economic Development Initiative (WED1) which is an outreach mission of the Westminster Presbyterian Church, and; WHEREAS, over the past few years, WEDI has been working in collaboration with other West Side organizations such as Journey's End, Jericho Road, Hope Refugee Services, HEAL, PUSH, Buffalo State, and others to expand its mission of economic self- sufficiency and job creation, and, WHEREAS, the bazaar is acting as an incubator for start -up businesses by providing entrepreneurs with a small, attractive, and inexpensive retail space and mentoring services, and," WHEREAS, as these businesses grow they will be able to expand into their own retail space, thereby securing economic self- sufficiency and also furthering business development on Grant Street, and, WHEREAS, the West Side Bazaar currently has twenty -two vendors selling handmade jewelry and clothing, gift items from Africa, original works for art, and foods from many nations, and," WHEREAS, the West Side Bazaar, a non - profit entity of Westminster Economic Development Initiative, wishes to celebrate its relocation by hanging a banner on the city light pole at 25 Grant St. NOW, THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo grants permission to the West Side Bazaar and Westminster Economic Development Initiative to hang a banner at the above mentioned location to celebrate refugee empowerment and economic development; and BE IT FURTHER RESOLVED: That the West Side Bazaar a program of The Westminster Economic Development Initiative will purchase the necessary bond before the banner is hung and said banner meets all the requirements of pertinent City Departments and that no existing laws are violated. BE IT FINALLY RESOLVED: The Common Council's approval is conditioned upon the subsequent approval of both the Department of Public Works and Buffalo Arts Commission. The City Clerk is requested to forward a copy of this resolution to both of these departments. PASSED AYES -9 NOES -0 NO. 69 BY BONNIE E. RUSSELL CO SPONSORS MR. FONTANA, MR. SMITH, MR. LOCURTO, MR. PRIDGEN, MR. FRANCZYK, MR. RIVERA, MR. GOLOMBEK AND MR. SCANLON SUPPORT OF INTERNATIONAL SAFE TOYS AND GIFTS MONTH WHEREAS, For many cultures and beliefs, December is a time when gifts are given in abundance to celebrate, to congratulate, and to show gratitude. In the United States, December is observed as "Safe Toys and Gifts Month" and is a means for alerting people to the need to be careful when making toy and gift choices; and WHEREAS, The U.S. Consumer Product Safety Commission gives an easy acronym to assist in remembering how to make gift - giving S.A.F.E.: •S = Supervision: Watch young children as they play and teach the proper use of toys •A = Age appropriate: Choose toys that are developmentally appropriate and suit the child's age & ability •F = Free of inherent hazards: Toys should be free of sharp edges, small parts, long cords and be nontoxic •E = Equipment: Require children to wear safety equipment such as helmets and pads; and WHEREAS, Throughout the City of Buffalo, Council District constituents have been most generous in collecting toys and gifts to help the neediest families celebrate the holiday season, and in conjunction with the Marine Toys for Tots Foundation - Buffalo and the Western New York Holiday Partnership of the Olmsted Center for Sight, many toys and gifts will be distributed. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo observes the commemoration of December as "International Safe Toys and Gifts Month" and supports the awareness of safe gift - giving and donation of S.A. F.E. toys and gifts. ADOPTED NO. 70 BY: MR. SMITH EDUCATION WEEK Whereas: Education is an important Civil Right, Education is a cornerstone of our society. Whereas: Without Education, our neighborhoods cannot grow or flourish. Whereas: From December 9 th to December 16 there will be a number of initiatives to get our city's residents involved, and focused on our city's Education system. Now Therefore, Be It Resolved: The Common Council of the City of Buffalo proclaim December 9 th to December 16 Education Week in the City of Buffalo. ADOPTED NO. 71 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, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. SEE ATTACHED LIST Total: 165 ARNOLD, JANET M BERMAN, DAVID B BOLOGNA,ROSE BONANDUCCI, SHIRLEY BORMAN, JANIS BROWN, ALAN BROWN, DEIDRE L CAMPBELL, CHERYL CARY, EILEEN COCHRANE, JANET COLLINS, MELINDA CORP, ROBERT R COSBY, CASSANDRA COSTANTINO, JACQUELINE K DIBELLA, LORETTA DOUGLAS, WINIFRED D DRAKE, LINDA L FISCHER, KIM M GERACE, HEIDI A GERMAN, ISAAC L GIERKE, DONNA G1 UMENTO, FRANCINE GLENN, AMINA T GRIPPI, JOANNE GRZANKOWSKI, REGINA L HADLEY, DIANE B HERR, JANET L HIBBARD, SARA J HOGAN, DEBRA L KALOSZA, DEBORAH A KOSTEK, NANCY B KRAWCZYK, JOYCE KUWIK, CHRISTOPHER D LAGREE, PEGGY A LEWANDOWSKI, JEFFREY T LHOMMEDIEU, CHRISTINA M MASECCHIA, DANIELLE MCGEE, F MICHAEL MORRISON, DAVID NOWAKOWSKI, MICHAEL J POTWORA, LEONARD M PRATHER, MARLENE A ROSEN- BRAND, DAVID RYAN, LYNETTE L SLOMA,BARBARA SUCHAN, KRIST1 N L TERRY, DONNA L THOMAS, PATRICIA S TOJEK, SHARON L WILSON, ROBERT J ADAMS, CHRISTIAN J AGUILAR, JILLIAN BALLARD, MATTHEW J BARNETT, TIMOTHY M BARTLETT, JUDITH A BEVILACQUA, MADONNA D BREMER, CANDICE L BRUNN,DONNAJ BURGETT, AMANDA CANNIZZARO, MICHELE G CUCINOTTA, JOSEPH M DEMARCO, ADRIANE DEMPSEY, MARIA L DWYER, AMELIA L EHRMANN, ROBERT& M FLANAGAN, DEBRA R FOWLER, WILLMER JR FRANCOFORTE, LISA GALLO, MICHELE GOSPODARSKI,ROBERT HARIG, NATALIE M HAYDEN,SANDRA HOFFSTETTER, JAMES JACOBS, CHRISTOPHER L KASPER, MARGARET A KAYLOR, MICHELE S KAZMIERCZAK, LINDA C KERN, MARILYN KOPIASZ, LINDA M KRANTZ, SALLY J KRANTZ, SUSAN D KURZAWA, PAULA M LONG, LAURIE A LOTT, CLARENCE JR MARCHESE, ANN S MATTER, CHERYL L MERCADO, MARITZA MISZEWSKI, DELPHINE R MURTHA, NANCY J NOWICKI, TRACY L ODONNELL, KATHRYN PAAR, JENNA R PAWLOWSKI, KORIE M PFAFF, TERESA A PIECZYNSKI, CATHERINE T PIERCE, LENAY S C REHORIK, MARTINA RODRIGUEZ, ADA M ROYSTER, ANGELA RUNGE, PATRICIA M RUSIN, RITA R SALEH ALI M SANDERS, JOSHUA SCHICHTEL, ANNE M SHELDON, JAMIE S SKORKA, JOANNE I SLOMCZEWSKI, MARIA V STRICKLAND, DEBORAH L SZPARA, MICHAEL P JR TARAVELLA, JACQUELINE M TAYLOR, ELAINE WAITE, RICHARD C WOLF, JOSEPH B WORKMAN, OTIS JR YONKOSKY, KIM M YOUNG, LATONYA . YOUNG, MICHAEL ZAEHRINGER, MARCY Bernadette L. Alessi Gail A. Brady Theresa M. DeLauro Ava Gonzalez Dunn Camille Hayes Shirley Hayes Maureen R. McKeone Kim M. Mecca Desiree Miller Angela R. Myles Patricia A. Spanich Michelle A. Thompson Michele E. Tutterman Katherine Winterhalter Sharon Rose Adler Mary Harris Baldwin Tashares Burks Carmen Bryant Joelle D. Cash Liam C. Cauifield Roxanne Mary Chase Gerald A. Chwalinski Mary K. Comerford Ismahan Farah NikJta M. Fortune Paul D. Fultz Frank Garland III Celia J. Gatti Nicholas Charles Heidinger Patrick K. Irwin Denise D. Johnson Brian Kinyoun Christine A. Lehner Carolyn A. Lenczyk Monica Nadrue Lewis Olivia A. Licata Joseph A. LoTempio Carmen LoVullo Willie McLaughlin James Edward Montour Wendy A. Nobile Damon L. Palmer Julia A. Paul Jacqueline Rucinski Laura Rucinski Noemi Santiago Demone Smith ADOPTED BY: DEMONE A SMITH NO. 72 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Delores Gist • John L Hammond • Salvatore Howard • Stephanie A. McGaughey • Irene Morris • Linda Sunday • Karen A. Turchiarelli TOTAL:7 ADOPTED NO. 73 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, December 4, 2012 at 9:45 o'clock AM Committee on Finance Tuesday, December 4, 2012 at 10:00 o'clock AM following Civil Service Committee on Community Development Tuesday, December 4, 2012 at 1:00 o'clock PM Committee on Legislation Tuesday, December 4, 2012 at 2:00 o'clock PM .Special Committees Committee on Education Wednesday, December 5, 2012 at 5:30 o'clock PM (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 respectively Chairmen. we can only make notification of what we are made aware. NO. 74 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:58 PM GERALD CHWALINSKI CITY CLERK