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HomeMy WebLinkAbout13-1112NO. 21 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 12, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE November 12, 2013 FINAL MAYOR Dobueki, Randolph A.2 1. Capital Budget Recommendations -2014 & Capital Improvements Program A.3 Kelly, Kevin Recommendations - 2014 -2018 COW MAYOR - EXECUTIVE Mosey, Acea as Admin. of the Est. of Allen Andrew A.6 2. Strat Plan- Report of Sale -69 Phyllis(Univ) APP Reyes, Valina 3. Strat Plan- Report of Sale -285 Sobieski(Fill) APP COMPTROLLER 4. Certificate of Necessity - Capital Demolitions R &F ASSESSMENT 5. Application for Real Property Tax Exemption - Service Collaborative of WNY FIN PUBLIC WORKS 6. Notification Serials- 10688- 10689(Waive 45 Days) R &F 7. Change in Contract -Cocoa Cola Field Distributed Sound System(Ell) APP 8. Permission to Reduce Retention - Stedman Nurseries - Street Tree Planting APP 9. Proposed SUNY Bflo Medical Campus Encroachment Within City ROW APP 10. Report of Bids - American Legion on Caz St Partial Reroofing (South) APP 11. Report of Bids Ohio St and Inner Harbor Infrastructure Improvements(Fill) APP 12- 11A. Report of Bids -South District Site Specific Concrete APP 13- 12. Request to Install Fence in City ROW- Michigan Ave West of Ganson St CD, CPBD,RE 14- 13. Appoint Caulker(Perm) )(Step 2) (Szczepanski) CS 15- 14. Appoint Fleet Coord(Prov)(Max)(Mazur) CS POLICE 16- 15. Request Acceptance of Donation From McDonalds for Buffalo Police's A District APP PERMITS AND INSPECTIONS 17- 15A. Food Store (New) -197 Grant St(Nia) APP 18- 16. Food Store License(New) -896 Niagara(Nia) APP 19- 17. Mobile Food Truck -2614 Main(Mas) CD 20- 18. Appoint Asst Dir of Housing & Property Inspections(Temp) (5 step) (Zi I kowski) CS 21- 19. Appoint Chief Building Inspector(Temp)(Third Step)(Zafuto) CS ADMINISTRATION AND FINANCE 22- 20. First Quarter Gap Sheet - 2013 -2014 FIN PARKING 23- 21. Appoint Administrative Assistant(Perm)(Max)(Kirker) CS CITY CLERK 24 22. Liquor License Applications R &F 25- 23. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 26- 24. LP Ciminelli -Board Packet Documents - November 2013 ED 27- 25. JSCB Agenda- November 2013 R &F 28- 26. JSCB Payment Application Breakdown by Project 10/31/2013 R &F 29- 27. J. Maciejewski- Procedure for Notification of Newly or Reapp BAR Members ASSMT 30- 28. Site Plan or Zoning Referral to EC, NY and Reply to Municipality 422, 424. & 426 Dingens(Lov) CD 31- 29. D. Smith - Fillmore Corridor Neighborhood Coalition CD PETITIONS 32- 30. T. Pierce, Owner, Use 3223 Bailey for a Used Car Dealer in the Kensington Special District(hrg 11 /19)(Univ) LEG,CPBD 33- 31. D. Mika, Agent, Use 425 Michigan to Place Two Wall Signs and Erect a Ground Sign(hrg 11/19)(EII) LEG,CPBD,ZONING 34- 32. J. Schenne, PE, Agent, Use 359 Ganson for a 2 Story Steel and Concrete Skating Rinks, Exhib Halls & Offices in the Special Review District(hrg 11 /19)(South) LEG,CPBD 35- 33. T. Kujawa, Agent, Use 1270 Niagara to Convert Portion of FactoryM/arehouse For a Micro Brewery and Outdoor Cafe in the Niagara River Coastal Region(Nia)(hrg 11/19) LEG,CPBD, ZONING 36- 34. C. Auereach, Agent, Rezone 80,100,152 Forest and 12,14,16,18,22,24,26,28, 30,36,58,99999 Danforth to a R4(hrg11 /26)(North) LEG,CPBD,ZONING RESOLUTIONS 56- 34A Golombek Waiver Event Fees -War of 1812 Bonfire APP 57- 35. Scanlon Transfer in Funds - Capital Demolitions APP TABLE ITEMS B. Burri, Agent, Rezone 422,424 and 426 Dingens St From an R -2 Residential To C -2 Community Business District(hrg 10/29)(Lov)(#44, 1016) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS 37- A.1 Dobueki, Randolph A.2 Jemison, Barbara A.3 Kelly, Kevin A.4 Mines, Angel A.5 Mosey, Acea as Admin. of the Est. of Allen Andrew A.6 Paplow, Jean A.7 Reyes, Valina Personal Injury $20,000.00 APP $7,500.00 APP $5,000.00 APP $160,000.00 APP $135,000.00 APP $99,000.00 APP $27,000.00 APP 38- B.1 Clark, Patricia 39- C.1 ARC & COMM C. 2 Buffalo Civic Auto Ramps C. 3 Buffalo Small Animal Hospital - PW C. 4 Buffalo Small Animal Hospital - Police C. 5 Emerling Chevrolet, Inc. C. 6 National Grid C. 7 TYCO - SimplexGrinnell CIVIL SERVICE 40- 1. Com 13 Oct 29 41- 2. Com 14 Oct 29 42- 3. Com 15 Oct 29 43- 4. Com 21 Oct 29 44- 5. Com 27 Oct 29 45- 6. Com 40 Oct 29 COMMUNITY DEVELOPMENT 46- 7. Res 56 Oct 29 47- 8. No 49 Oct 29 LEGISLATION 48- 9. Com 1 Oct 29 49- 10. Com 22Oct 29 50- 11. Com 23Oct 29 51- 12. No 46 Oct 29 52- 13. No 36 Oct 15 53- 14. No 38 Oct 15 54- 15. Res 70 Oct 15 55- 16. Com 31 Sept 17 Property Darnage $1,319.1 Prior Fiscal Year Invoices APP $1,222.50 APP $10,873.33 APP $4,235.90 APP $2,268.00 APP $1,119.41 APP $8,558.17 APP $4,401.00 APP Appoint Supervisor of Street Sanitation I(Prov)(Inter)(Hayden)(PW) APP Appoint Supervisor of Street Sanitation I (Temp)(Inter)(Giovino)(PW) APP Appoint Truck Driver(Prov)(Max)(Campeua, Frederick)(PW) APP Appoint Asst Corporation Counsel II(Temp)(Lee)(CC) R &F Appoint Secretary to Commission on Citizen Rights(Exempt) (McDuffie)(Cit Rts) R &F Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F Betting on Gambling Casinos is a Losing Game Trinity Towers II Housing Dev /Trinity Towers Apts PILOT (Strat Plan)( #6,10/15) Application for Landmark Status -St Anne's Church & Shrine- 651 Broadway(EII)(hrg 11 /06)(Pres Bd) APP Food Store License (New) -2756 Bailey(Mas)(EDPI) REC Food Store License(New) -441 Fillmore(Fill)(EDPI) APP Savarino Co. LLC- Notice of Appeal -441 Ohio St.(Fill) APP J. Boglioli- Request to Rename the Former Donovan Office Bldg to "One Canalside" 125 Main St R &F D. Franczyk -T. Dee - Support Rename Donovan Building to One Canalside R &F Request to Designate 125 Main St as One Canalside (Donovan Bldg)(Franczyk)(exc res)(hrg 11/12) APP Food Store License(New) -2906 Bailey(Mas)(EDPI) REC CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 12, 2013 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 --0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on October 29, 2013 were approved FROM THE MAYOR NO. 1 2014 CAPITAL BUDGET RECOMMENDATIONS & 2014 -2018 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS In accordance with §20 -24 of the City Charter, attached please find my recommended 2014 City of Buffalo Capital Budget and 2014 -2018 Capital Improvements Program. The 2014 Capital Budget consists of $22,900,000 in funding for City of Buffalo projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC). My administration is greatly appreciative of the difficult task performed by the CPC in evaluating more than $117 million in requests. As evidenced by the attached budget, I have adhered to the recommendations of the CPC. My recommended Capital Budget contains a wide variety of capital improvement projects with $1,284,000 in funding for City- wide Parks improvements including the Olmsted Parks, LaSalle Park, and historic Broderick Park, as well as $500,000 for MLK Park Casino Exterior Renovation. I have also recommended $1,229,000 for the Arts and Cultural activities including $650,000 for the Buffalo Zoo's Polar Bear Exhibit, which is an increase over prior year commitments. A number of important infrastructure projects have been recommended, including $535,000 for road construction along Kenmore Avenue, which is part of the City's joint road construction project with Erie County. The City's $22,900,000 in capital funding is highlighted by: Citywide Infrastructure Reconstruction • Kenmore Avenue Improvements • Niagara Street Gateway - 20% local match • Colvin Estates Road Construction • Buffalo Building Reuse - Court St. Improvements • Arts & Cultural including: Polar Bear Exhibit Monument Restoration Citywide Libraries Citywide Parks (including Broderick Park and LaSalle) • MLK Park Casino Exterior Renovation & Design • Coca -Cola Field (Downtown Ball Park) Improvements • Municipal Building Improvements (including Buffalo Fire Department, Buffalo Police Department, Major Municipal MIT MIT Buildings and City Services Buildings) • Citywide Demolitions and Building Code Compliance • Police Vehicles • Citywide Tree Removal & Planting • Citywide Street Lighting My administration is available to meet with Your Honorable Body should you wish. Thank you for your consideration. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 REPORT OF SALE 69 PHYLLIS LOT SIZE: 32 X 105 LAND: $ 4,300 IMPROVEMENT: $34,700 TOTAL ASSESSED VALUATION: $39,000 UNIVERSITY DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Sandra De Jesus of 60 Hoyt Street, Buffalo, New York 142013 to purchase 69 Phyllis. Ms. De Jesus intends renovate the property for rental purposes. The subject property is a three bedroom, one bathroom, single family dwelling, consisting of approximately 1,478 sq. ft. The property was acquired by the City through In -Rem #41 in October 2007. Ms. De Jesus has estimated the cost of renovations to be Eight Thousand Three Hundred ($8,300) which was reviewed and approved by the Division of Real Estate. Ms. De Jesus has provided sufficient proof of financial ability to complete the purchase and renovations of said property. Ms. De Jesus will be the property manager of 69 Phyllis. 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. G.A.R. Associates estimated the value of the property to be Four Thousand Five Hundred Dollars ($4,500). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Ms. De Jesus has agreed and is prepared to pay Four Thousand Five Hundred Dollars ($4,500) 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 69 Phyllis to Sandra De Jesus in the amount of Four Thousand Five Hundred Dollars ($4,500.00). I 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 communication from the Office of Strategic Planning, dated November 4, 2013, be received and filed; and That the offer from Ms. Sandra DeJesus of 60 Hoyt Street, Buffalo, New York 14213, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 69 Phyllis, 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. 3 REPORT OF SALE 285 SOBIESKI, E 422.89'S. WALDEN LOT SIZE 30'X 99' ASSESSED VALUE $1,500(FILLMORE) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Hena Khatun, 279 Sobieski, Buffalo, New York 14211 to purchase 285 Sobieski Street. Mr. Khatun owns and resides at 279 Sobieski. He also owns the vacant lot at 283 Sobieski, which is adjacent to the subject property. Mr. Khatun would like to purchase 285 Sobieski for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty ($.40) to Seventy -Five Cents ($.75) per square foot. Mr. Khatun has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Fifty Three Cents ($.53) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 285 Sobieski to Mr. Hena Khatun in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated November 4, 2013, be received and filed; and That the offer from Mr. Hena Khatun of 279 Sobieski Street, Buffalo, New York 14211, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 285 Sobieski 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 FROM THE COMPTROLLER NO.4 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 600,000 be transferred and reappropriated as set forth below: From: 30000105 - 445100 Planning Capital Projects $600,000 To: 30053406 - 445100 Capital Demolitions $600,000 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 5 APPLICATION FOR REAL PROPERTY TAX EXEMPTION SERVICE COLLABORATIVE OF WNY INC REAL PROPERTY TAX LAW 420A NY STATE LAW CHAPTER 363 Dear Mr. President: The Service Collaborative of WNY Inc. (name officially changed from Western New York Americorps Fund) took title to a taxable parcel located at 635 South Park Avenue, Buffalo, NY 14210 on December 31, 2009. This organization is a fully vetted IRS approved Chapter B01 -C -3 Charitable Organization. The charitable organization applied for a real property tax exemption pursuant to New York Real Property Tax Law 420A. Their application was reviewed and approved. However, since they took title to the property after the City of Buffalo taxable status date of December 1, 2009 it was too late to approve an exemption for the then upcoming City of Buffalo 2010/12 fiscal year assessment roll. The parcel remained taxable for fiscal year 2010 -12. The exemption was granted to commence with the 2012 -12 fiscal year and remains in effect to date. The owner appealed to the New York State Senate for special legislation authorizing that an exemption be granted to commence with the City of Buffalo 2010/11 fiscal year. This request was approved and legislation, New York State Senate Bill # 2871 -2103 ensued, was approved and signed into law (Chapter 363) by the New York State Governor on September 27, 2013. Section I of this legislation states that, "...notwithstanding any other provision of the law to the contrary, the assessor of the City of Buffalo is authorized to accept from The Service Collaborative of WNY, Inc. an application for exemption from real property taxes pursuant to section 420 -a of the real property tax law for the assessment roll for the 2010 assessment year, for the parcel located at 635 South Park Ave, Buffalo. If accepted, the application shall be reviewed as if it has been received on or before the taxable status date established for such roll." This law, copy attached, with the approval of the City of Buffalo Common Council, allows for a real property tax exemption to be granted to the organization as if it had been applied for prior to the taxable status date of December 1, 2009 and to commence with the City of Buffalo 2010 -11 fiscal year. We concur that this is fair to all parties concerned and recommend approval. We are available at any time to answer any question your honorable body may have. Respectfully submitted, Martin F Kennedy Commissioner REFERRED "TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 6 NOTIFICATION SEIAL #10689 INSTALL ALTERNATE PARKING -TYPE 11 11 K CHOATE AVENUE BETWEEN MERCY STREET AND MCKINLEY PARKWAY (SOUTH DISTRICT) NO PARKING (ALTERNATE - TYPE II K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Choate Avenue, north side 6:OOPM Sunday to between Mercy Street 6:00 PM Wednesday and McKinley Parkway Choate Avenue, south side 6:00 p.m. Wednesday to between Mercy Street 6:00 p.m. Sunday and McKinley Parkway This action is being taken at the request of the property owners on this section of roadway, which is supported by at least seventy -five percent of the home owners on this block. NOTIFICATION SERIAL # 10688 REPEAL ALTERNATE PARKING - TYPE IIK CHOATE AVENUE BETWEEN MERCY STREET AND MCKINLEY PARKWAY (SOUTH DISTRICT) NO PARKING (ALTERNATE - TYPE IIK) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING a: Z.]: Il:l rr:11.l l.]: i Ito] ► to] III:IEe3:►gry_v- a :001Dlrr:11.l» V to]I Choate Avenue, north side 6:00 pm Monday to between Mercy Street 6:00 PM Thursday and McKinley Parkway Choate Avenue, south side 6:00 PM Thursday to between Mercy Street 6:00 PM Monday and McKinley Parkway This action is being taken at the request of the property owners on this section of roadway, which is supported by at least seventy -five percent of the home owners on this block. RECEIVED AND FILED (WAIVE 45 DAYS) NO. 7 CHANGE IN CONTRACT COCA COLA FIELD DISTRIBUTED SOUND SYSTEM JOB #1274 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for Coca Cola Field, Distributed Sound System, Frey Electric, C #93001134. 1. This change includes additional labor and materials required for the speaker apparatus ADD $17,317.00 changes at Coca -Cola Field. The change necessary to provide added support to the new speakers on both the upper and lower deck. The foregoing change results in a net increase in the contract of Seventeen Thousand Three Hundred Seventeen Dollars and 00/100 Dollars ($17,317.00). Summary Original Contract Amount $292,000.00 Amount of this Change Order $ 17,317.00 Revised Contract Amount $309,317.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated November 4, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $17,317.00 (Original Contract Amount $292,000.00 + Change Order #1 $17,317.00 for a Revised Contract Amount of $309,317.00) for Coca Cola Field, Distributed Sound System, to Frey Electric, C #93001134. Funds for this project are available in Account #35324706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 8 PERMISSION TO REDUCE RETENTION STEDMAN OLD FARM NURSERIES, INC 2012 STREET TREE PLANTING CONTRACT# 93000890 1 hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 2% and respectfully request that Your Honorable approve this request. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is being requested to keep the contract open to allow for the guarantee period for trees planted and completion of this project. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 6, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the payment retention for the contract with Stedman Old Farm Nurseries, Inc. for 2012 street tree planting, from 5% to 2% for work already completed and accepted by the Department of Public Works, Parks and Streets. This is being requested to keep the contract open to allow for the guarantee period for trees planted and completion of this project. PASSED AYES -9 NOES -0 NO. 9 955 MAIN STREET PROPOSED SUNY BUFFALO MEDICAL CAMPUS ENCROACLUNENTS IN CITY RIGHT -OF -WAY ELLICOTT DISTRICT The State University Construction Fund (SUCF) in partnership with the University at Buffalo (UB), which is the owner of the property located at 955 Main Street, has requested permission to encroach City right -of -way with various structures that are integral to the proposed building: The proposed encroachments are as follows: Canopy overhang on Main Street. The maximum canopy encroachment into the right -of -way is 10 feet which is less than % of the adjacent sidewalk width. The canopy will be supported entirely by the adjacent structure, will be less than 30" in vertical height, constructed of non - combustible material and will be greater than 10 feet above the adjacent sidewalk. • Canopy overhang on the Main and High Streets at the proposed building's northwest comer. High Street. The maximum canopy encroachment into the right -of -way is 10 feet which is less than % of the adjacent sidewalk width. The canopy will be supported entirely by the adjacent structure, constructed of non - combustible material and will be greater than 15 feet above the adjacent sidewalk. • Canopy overhang on Washington Street. The maximum canopy encroachment into the right -of -way is 4 feet which is less than % of the adjacent sidewalk width. The canopy will be supported entirely by the adjacent structure, constructed of non - combustible material and wily be greater than 15 feet above the adjacent sidewalk. • Equipment access vault on Washington Street. The vault will encroach 10.5 feet into the right -of -way but shall be no closer than 7' to the curb line. The vault will be approximately 32 feet wide and the total depth to the bottom of its foundation will be approximately 25 feet. The vault will be construction of concrete and shall have a removable concrete cover that will be flush with the abutting sidewalk. • Excavation protection system on High and Washington Streets for the purpose of supporting the City right - of -way during foundation and basement construction. The excavation protection system will be constructed of soldier piles, timber lagging and tie - backs. The solider piles and timber lagging will be installed vertically around the foundation of the building generally 8 feet into the right -of -way. The maximum encroachment of the vertical soldier pile and timber lagging will be 16 feet into the right -of -way at the above referenced equipment vault. The tie -backs will be installed from the wall of the soldier pile and timber lagging wall further into the right -of -way at a downward diagonal angle to anchor the walls into the soil. At the end of the foundation construction the tie -backs will be detensioned and all soldier pile and timber lagging that is within 5' of the surface will be removed. All other materials will be abandoned in place. The Department of Public Works, Parks and Streets (DPW) has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and requests that Your Honorable Body authorize me as the Commissioner of DPW to permit the installation provided that the following conditions are met by the applicant: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That final construction documents are approved in writing by the DPW prior to construction commencing. 3. That the encroachments are installed, to the best extent possible, as shown on the final approved construction documents. 4. That any revisions to the final construction documents be submitted to the DPW for review and written approval. 5. That the applicant submit final as -built drawings to the DPW and the New York State Dig Safely Commission of all buried encroachments that are to permanently remain in the right -of -way. 6. That the applicant agree in writing to be responsible for any and all maintenance and or problems, liabilities, costs and or damages associated with the encroachments into perpetuity and further that said obligations shall run with the land known as 955 Main Street and that said obligations shall be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having title to the land known as 955 Main Street. 7. That the applicant agree in writing to restore all disturbed surfaces, structures, facilities, utilities and or appurtenant materials of the right -of -way to match or improve the existing condition in accordance with City of Buffalo Department of Public Works, Parks and Streets standard specifications and or details. 8. That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of insurance and or a bond in amounts deemed sufficient by the Corporation Counsel together with written agreements deemed appropriate 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 approved encroachments. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 6, 2013, be received and filed; and That pursuant to Chapter 413 -67 (Encroachment Regulations) of the City of Buffalo Charter, the Common Council hereby grants permission to the State University Construction Fund (SUCF) and the State University of New York at Buffalo (SUNY at Buffalo), owners of 955 Main Street, to encroach the City of Buffalo's right -of -way, subject to the following conditions: That the applicant obtain any and all necessary City of Buffalo permits; • That the final construction documents are approved in writing by the Department of Public Works, Parks and Streets prior to construction commencing; • That the encroachments are installed, to the best extent possible, as shown on the final approved construction documents; • That any revisions to the final construction documents be submitted to the Department of Public Works, Parts and Streets for review and written approval; • That the applicant submit final as -built drawings to the Department of Public Works, Parks and Streets and the New York State Dig Safely Commission of all buried encroachments that are to permanently remain in the right -of -way; • That the applicant agrees in writing to be responsible for any and all maintenance and /or problems, liabilities, costs and /or damages associated with the encroachments into perpetuity and farther that said obligations shall run with the land known as 955 Main Street and that said obligations shall be binding upon the applicant and all of the applicant's successors and assigns and all successive owners having title to the land known at 955 Main Street; • That the applicant agrees in writing to restore all disturbed surfaces, structures, facilities, utilities and /or appurtenant materials of the right -of -way to match or improve the existing condition in accordance with the City of Buffalo Department of Public Works, Parks and Streets standard specifications and /or details; and • That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of insurance and /or a bond in amounts deemed sufficient by the Corporation Counsel, together with written agreements deemed appropriate 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 approved encroachments. PASSED AYES -9 NOES -0 NO. 10 REPORT OF BIDS AMERICAN LEGION ON CAZENOVIA ST PARTIAL REROOFING JOB #1326 SOUTH DISTRICT I asked for On October 31, 2013 and received the following informal bids for the American Legion, Partial Reroofing, which were publicly opened and read on November 6, 2013. Base Bid Grove Roofing $19,700.00 131 Reading, Buffalo, NY Progressive Roofing $27,000.00 331 Grote, Buffalo, NY Jameson Roofing $32,414.00 106 Evans, Hamburg, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a base bid of $19,700.00 for a total bid of Nineteen Thousand Seven Hundred and 00/100 Dollars ($19,700.00) is the lowest responsible bidder in accordance with the plans and specifications• I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 6, 2013, 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 American Legion, Partial Reroofing, with Grove Roofing in the amount of $19,700.00. Funds for this project are available in Account #35323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 11 REPORT OF BID OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENTS [FILLMORE DISTRICT This is to advise your Honorable Body that I have advertised for and received bids on November 6, 2013 for Ohio Street and Inner Harbor Infrastructure Improvements project, which includes full -depth reconstruction of Ohio Street between New York Route 5 (Outer Harbor Parkway) and Michigan Avenue and also improvements at St. Clear Street between Ohio Street and South Street within the First Ward neighborhood of the City. The following bids were received for the project: BaseBid BaseBid +Alt #1 BaseBid +Alt# 1 &2 BaseBid +Alt# 1,2 &3 BaseBid +Alt# 1,2,3 &4 1- CATCO $ 8,597,055.28 $ 8,954,138.03 $ 9,086,158.78 $ 9,467,752.38 $ 9,532,752.38 2 -Mark Cerrone Inc. $ 9,733,907.00 $10,131,376.00 $10,272,216.00 $ 10,632,074.00 $10,707,074.00 3- Accadia $10,293,386.58 $10,659,250.08 $10,832,122.78 $11,229,988.38 $11,308,488.38 1 hereby certify that the lowest responsible bidders is CATCO. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of$ $ 10,009,390 (Base Bid $ $ 9,532,752.38 + a $476,637.62 - 5% Unit bid increase = $10,009,390). This project previously was advertised and City received bids on September 18. The low bidder was Mark Cerrone Inc. which made a mistake on their unit bid prices. Therefore the low bidder requested to withdrew their bid and the City agreed. Since it appears that all 3 bidder's bid amount exceeded the Project budget, our Department with consultation with Law Department decided to re- bid the project. This project is funded by following funding sources: Federal Highway Administration Funds 7,192,000 ECHDC (NYPA Relicensing Agreement) -Local Match 1,798,000 Buffalo Sewer Authority 145,000 Buffalo Water Authority 400,000 City of Buffalo -DPW 500,000 GRAND TOTAL $10,036,000 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 6, 2013, 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 Ohio Street and Inner Harbor Infrastructure Improvements project, with CATCO in the amount of $10,009,390.00 (Base Bid $9,532,752.38 + 5% Unit Bid increase $476,637.62 for a Total Bid Amount of $10,009,390.00). Funding for this project is available in the following funding sources: Federal Highway Administration Funds ($7,197,000.00); ECHDC (NYPA Relicensing Agreement - local match ($1,798,000.00); Buffalo Sewer Authority ($145,000.00); Buffalo Water Authority ($400,000.00); and the City of Buffalo Department of Public Works, Parks and Streets ($500,000.00). PASSED AYES -9 NOES -0 NO. 12 REPORT OF BIDS, GROUP #764 -1 SOUTH DISTRICT SITE SPECIFIC CONCRETE BASE BID In obtaining these informal bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid P &J Construction Co. Inc. $28,400.00 709 Pleasant View Drive Lancaster, NY 14086 Master's Edge, Inc. $36,050.00 3409 Broadway Street Cheektowaga, NY 14227 Campobello Construction Co. Inc. $45,125.00 23 Stratford Road Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is P &J Construction Co., Inc. I respectfully recommend a contract award to P &J Construction Co., Inc. in the amount of $30,900.00 which includes a contingency amount of $2,500.00. Funds for this contract are available in #36319406- 445100 and an account(s) to be named at a later date. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated November 12, 2013, 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 South District Site Specific Concrete, Group #764 -1, with P &J Construction Co., Inc. in the amount of $30,900.00, which includes a contingency amount of $2,500.00. Funds for this contract are available in Account #36319406- 445100, and an account(s) to be named at a later date. PASSED AYES - 9 NOES — 0 NO. 13 MICHIGAN AVENUE WEST OF GANSON STREET USE BY GENERAL MILLS Ms. Andrea Carruthers, an attorney representing General Mills, has requested permission to install a chain link fence with a remote control sliding gate and a guard shack in city right of way at the foot of Michigan Avenue. Michigan Avenue currently dead ends at the edge of the city ship canal and biscets the General Mills property. By allowing General Mills to install this gate, the end of Michigan Avenue, approximately 300 feet in length, would be accessible only to General Mills personnel. General Mills would have exclusive use of this city property and use it for employee parking. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter mad 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 fencing within City right of way provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the fencing be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of said fencing as long as it remains within City right of way. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Charter. That the applicant enter into a revocable license agreement, prepared by the Corporation Counsel, which details maintenance responsibilities, access to existing utilities, applicable yearly fees, and any other issues deemed relevant. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CITY PLANNING BOARD AND THE DIRCTOR OF REAL ESTATE NO. 14 APPOINT CAULKER(PERM)(STEP 2)(SZCZEPANSKI) Certificate of Appointment Appointment effective 10/28/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Caulker Permanent, Non - Competitive, Step 3 starting salary of $35,071 Joseph Szczepanski, 210 Grote Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 16 APPOINT FLEET COORD(PROV)(MAX)(MAZUR) Certificate of Appointment Appointment effective 10/29/2013 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Fleet Coordinator Provisional Open- Competitive, Maximum starting salary of $52,188 William Mazur, 50 Hilltowne Dr., Orchard Park 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 16 DONATION FROM MCDONALDS FOR BUFFALO POLICE'S "A" DISTRICT PRIOR COUNCIL REFERENCE: ITEM NO. 34, C.C.P. 12/26/2012 On May 13, 2013, Community Police Officers from the "A" District and McDonalds coordinated the 2 nd annual community event, "Police Community Day," which was held at the McDonalds on McKinley Parkway. This event featured the Community Police Officers from "A" District, Buffalo Police K -9, the Sheriffs Mounted Police, and also, Air One. The event was attended by approximately 450 children. This neighborhood happening was such a great success that McDonald's has once again sent a $500.00 check in appreciation to the "A" District. They have stipulated that this check is to be utilized for items deemed appropriate for the betterment of the Distract and the Station - house, as determined by the Police Officers at the "A" District. Some of the items discussed for the use of this money is that the "A" District would put some of this funding toward the purchase of CPO materials to better enhance their interaction with children (i.e., stickers, badges, coloring books, crayons, etc.); the purchase of a projector to utilize with an iPad for their power point presentations to block clubs. A strict accounting of this money will be overseen by the Buffalo Police Department's Budget Management /Grants Office, in conjunction with a Lieutenant from the A" District and the administrative Community Police Officer for any purchases that will be made by the "A" District utilizing these funds. We are respectfully requesting that your Honorable Body, once again, approve the acceptance of this second donation from McDonalds, on behalf of the "A" District. If you require additional information, please do not hesitate to contact John Stanchak, Budget Examiner (851 -5903) or the Chief of the "A" District, Thomas Moran at (851- 4415). Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation of $500.00 from McDonald's to be utilized for items deemed appropriate for the betterment of "A" District and the stationhouse and to enhance their interaction with children. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 17 FOOD STORE(NEW) 197 GRANT ST(NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 197 Grant St (PRESS RAW FOOD & JUICE /ESTHER PICA) 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 Collections 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 12, 2013, 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 Esther Pica d /b /a/ Press Raw Food & Juice located at 197 Grant Street. PASSED AYES 9, NOES 0 NO. 18 FOOD STORE (NEW) 896 NIAGARA ST (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 896 Niagara St (ZIP'S DELI & GRILL INC/ SHARIF ALMADRAHI) 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 Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 28, 2013, 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 Sharif Almadrahi d /b /a Zip's Deli & Grill Inc. located at 896 Niagara. PASSED AYES 9, NOES 0 NO. 19 MOBILE FOOD TRUCK 2614 MAIN ST (NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 160 Delaware Ave for which said application for a Mobile Food Truck license is being sought by Khondoker Karim @ Street Cafe and Halal Food Truck and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON CONNUNITY DEVELOPMENT NO. 20 APPOINT ASST DIR OF HOUSING & PROPERTY INSPECTIONS(TEMP)(5 STEP)(ZILKOWSKI) Certificate of Appointment Appointment effective 10/28/2013 in the Department of Permit & Inspection Services Division of Inspections to the Position of Assistant Director of Housing & Property Inspections Temporary Appointment, 5 th Step starting salary of $66,873 Gary Ziolkowski, 42 Coburg Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 21 APPOINT CHIEF BUILDING INSPECTOR(TEMP)(THIRD STEP)(ZAFUTO) Certificate of Appointment Appointment effective 10/28/2013 in the Department of Permit & Inspection Services Division of Inspections to the Position of Chief Building Inspector Temporary Appointment, 3rd Step starting salary of $57,440 David Zafuto, 236 Wellington Rd. Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, F1NANCE, POLICY & URBAN AFFAIRS NO. 22 1 ST QUARTER GAP 2013 -2014 Attached is the First Quarter Gap for fiscal year 2013 -14. The projections include the increased appropriation of $1.1 M to pay for Police vehicles and an anticipated increase of $400,000 for payment of the Buffalo Schools Music programming. In addition, the projections include salary increases in the Fire department due to a contract settlement and in the Police department due to an arbitration award. It is early in the fiscal year to project any unusual trends so we continue to project conservatively. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PARKING NO. 23 APPOINT ADMINISTRATIVE ASSISTANT(PERM)(MAX)(KIRKER) Certificate of Appointment Appointment effective 10/21/2013 in the Department of Parking Division of Parking Enforcement to the Position of Administrative Assistant Permanent, Promotion Maximum starting salary of $45,613 Heidi L. Kirker, 351 Potters Road, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment effective 10/29/2013 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 Cherie Ciaudelia, 51 Schutrum, Buffalo 14212 Certificate of Appointment Appointment effective 11 /12/2013 in the Department of Police Division of Commissioner's Office to the Position of Police Surveillance Camera Monitor Provisional Appointment Minimum starting salary of $23,130 Amelia Fernandez, 106 Fargo Avenue, Buffalo 14201 Certificate of Appointment Appointment effective 11/4/2013 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Administrator, Permanent Open- Competitive, Minimum starting salary of $59,009 Jason Shell, 432 Norwood, Buffalo 14222 Certificate of Appointment Appointment effective 11/7/2013 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 Mark Blake, Sr. 158 Dundee St., Buffalo 14220 Mark Scanlon, 1080 Tifft St. Buffalo 142201-ouis Eze, 117 Ledger St, Buffalo 14216 Jeffrey Vitali, 112 Remington St., Buffalo 14210 Neil Keenan, 77 Carlyle Ave, Buffalo 14220 Lonnie Angel, 314 Bissell Ave. Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 26 LP CIMINELLI -BOARD PACKET DOCUMENTS - NOVEMBER 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 4, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated October 7, 2013 3. Fully Executed Phase III Application and Certificate for Payment No. 61 R - August 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 46 - September 2013 5. Phase III Application and Certificate for Payment No. 62 - October 2013 6. Phase V Application and Certificate for Payment No. 47 - October 2013 7. Summary of JSCB Phase III Change Order and JSCB Phase V 8. 5 Year District Capital Plan- Future Project Summary 9. Program Packaging and Development Services (PPDS) Provider Update 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 — September 2013 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project — September 2013 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V -September 2013 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 27 JSCB AGENDA - NOVEMBER 2013 Minutes JOINT SCHOOLS CONSTRUCTION BOARD Agenda November 4, 2013 3:00 P.M. Public Session Room 801 City Hall FROM THE CITY CLERK NO. 24 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 197 Allen St The Ally Cat Megan Calvert 1416 Hertel Globe to Go Alice R. Eoannou 189 Delaware Sidelines Sports Bar & Grill Adam Collura 805 -807 Elk Mr A's Village Corner Pub Stephen K Long 3148 Main St Surrender Michael Miranda 1048 Clinton Tiffany's Cabaret David Scrivani RECEIVED AND FILED NO. 26 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment effective 10/29/2013 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 Cherie Ciaudelia, 51 Schutrum, Buffalo 14212 Certificate of Appointment Appointment effective 11 /12/2013 in the Department of Police Division of Commissioner's Office to the Position of Police Surveillance Camera Monitor Provisional Appointment Minimum starting salary of $23,130 Amelia Fernandez, 106 Fargo Avenue, Buffalo 14201 Certificate of Appointment Appointment effective 11/4/2013 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Administrator, Permanent Open- Competitive, Minimum starting salary of $59,009 Jason Shell, 432 Norwood, Buffalo 14222 Certificate of Appointment Appointment effective 11/7/2013 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 Mark Blake, Sr. 158 Dundee St., Buffalo 14220 Mark Scanlon, 1080 Tifft St. Buffalo 142201-ouis Eze, 117 Ledger St, Buffalo 14216 Jeffrey Vitali, 112 Remington St., Buffalo 14210 Neil Keenan, 77 Carlyle Ave, Buffalo 14220 Lonnie Angel, 314 Bissell Ave. Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 26 LP CIMINELLI -BOARD PACKET DOCUMENTS - NOVEMBER 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 4, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated October 7, 2013 3. Fully Executed Phase III Application and Certificate for Payment No. 61 R - August 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 46 - September 2013 5. Phase III Application and Certificate for Payment No. 62 - October 2013 6. Phase V Application and Certificate for Payment No. 47 - October 2013 7. Summary of JSCB Phase III Change Order and JSCB Phase V 8. 5 Year District Capital Plan- Future Project Summary 9. Program Packaging and Development Services (PPDS) Provider Update 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 — September 2013 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project — September 2013 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V -September 2013 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 27 JSCB AGENDA - NOVEMBER 2013 Minutes JOINT SCHOOLS CONSTRUCTION BOARD Agenda November 4, 2013 3:00 P.M. Public Session Room 801 City Hall I. Minutes: October 7, 2013 Honorable Mayor Brown Action Item: Approval of Minutes II. Executive Director of Plant Services Update Joseph P. Guisiana A. PPDS Provider Application and Certificate for Payment No. 62 (Phase III) Action Item: Approval for Payment of Application and Certificate for No. 62 for October, 2013 B. PPDS Provider Application and Certificate for Payment No. 47 (Phase V) Action Item: Approval for Payment of Application and Certificate for No. 47 for October, 2013 III. Summary of JSCB Phase III Change Order and JSCB Phase V Joseph P. Giusiana IV. Program Packaging and Development Services Update Tracy Cardwell including Diversity Compliance Update V. Report from the Inclusion Committee Demone Smith VI. Move to close meeting Honorable Mayor Brown RECEIVED AND FILED NO. 28 JSCB PAYMENT APPLICATION BREAKDOWN BY PROJECT 10/31/2013 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 29 J. MACIEJEWSKI- PROCEDURE FOR NOTIFICATION OF NEWLY OR REAPP BAR MEMBERS This is to notify Town and City Clerks that the New York State Office of Real Property and your County Director of Real Property Services have agreed on a coordinated effort to track B.A.R. member status. Now is the time to check municipal records to determine which B.A.R. appointments have expired and advise town board or city council members of this information, so that they can make prompt appointments and reappointments at their next meetings. Section 523 of the Real Property Tax Law states that within 20 days of appointment of a B.A.R. member, the clerk must notify their County Director of Real Property Services. The procedure is as follows: The attached B.A.R. Member Listing along with any other correspondence pertaining to newly appointed or reappointed B.A.R. members should be forwarded ONLY to your County Director. I will then forward these changes to the Office of Real Property Services. The information provided is used to determine the BAR training schedule for the spring of 2014. Delays in appointment or reappointment could affect B.A.R. hearings. Please make all appointments no later than February 15, 2014. Please review, complete, and /or correct the enclosed report and mail to my office by December 5,2013. JOSEPH L. MACIEJEWSKI, CCD ERIE COUNTY REAL PROPERTY DIRECTOR 95 FRANKLIN STREET ROOM 100 BUFFALO, NEW YORK 14202 If you have any questions, please call me at 858 -8320. Attached is a memo from the Office of Real Property Services that contains frequently asked questions about the Board of Assessment Review. Thank you in advance for your continued cooperation as we attempt to streamline and avoid duplication of information. REFERRED TO THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 30 SITE PLAN OR ZONING REFERRAL TO EC, NY AND REPLY TO MUNICIPALITY 422,424 & 426 DINGENS(LOV) The proposed action described herein is referred in accordance with the provisions of the General Municipal Law, which provides that if no reply is received in 30 days after receipt of full information including a SEQR EAF if applicable, the municipal agency may take final action without considering such reply. If, however, reply is received at any time prior to municipal action, such reply must be considered. Description of Proposed Action 1. Name of Municipality: City of Buffalo 2. Hearing Schedule: Date: 10/29/2013, Time: 2:00 PM, Location: Common Council Chamber 65 Niagara Sw., Buffalo NY 3. Action is Before Legislative Body 4. Action consists of: Rezone /Map Change 5. Location of Property: 6. Referral required as site is within 500' of: Municipal Boundary 7. Proposed change or use(be specific): Rezone No. 422, 424 & 426 Dingens St. from R -2 Residential to CO2 Community Business 8. Other remarks: (ID #, SBL #, etc.) 112.83 -4 -31; 112.83 -4 -32; 112.83 -4 -33 9. Submitted by: Gerald Chwalinski, Buffalo City Clerk 10/29/2013 65 Niagara Sq., Room 1308, Buffalo NY 14202 REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 D. SMITH - FILLMORE CORRIDOR NEIGHBORHOOD COALITION I would like to file that attached information for the next Common Council meeting to be held on November 12, 2013. Thank you. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 32 T. PIERCE, OWNER, USE 3223 BAILEY FOR A USED CAR DEALER IN THE KENSINGTON - BAILEY SPECIAL DISTRICT (HRG 11/19/2013)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 33 D. MIKA, AGENT, USE 426 MICHIGAN TO PLACE TWO WALL SIGNS AND ERECT A GROUND SIGN (HRG 11/19/2013)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 34 J. SCHENNE, PE, AGENT, USE 359 GANSON FOR A 2 STORY STEEL AND CONCRETE SKATING RINKS, EXHIBITION HALLS AND OFFICES WITH PARKING IN THE BUFFALO SPECIAL REVIEW DISTRICT (HRG 11/19/2013)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 35 T. KUJAWA, AGENT, USE 1270 NIAGARA TO CONVERT PORTION OF FACTORY/WAREHOUSE FOR A MICRO - BREWERY AND OUTDOOR CAFE IN THE NIAGARA RIVER COASTAL REGION(NIA)(HRG 11/19) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 38 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Clark, Patricia $ 1,319.15 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 39 PRIOR FISCAL YEAR INVOICES C. 1. ARC & COMM NO. 36 C. 2. Buffalo Civic Auto Ramps C. AUEREAEH, AGENT, REZONE 80,100,152 FOREST AND C. 3. Buffalo Small Animal Hospital — Public 12,14,16 ,18,22,24,26,28,30,36,58,99999 DANFORTH ST TO A R4 Works Department (HRG 11/26/2013)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS C. 5. Emerling Chevrolet $ 1,119.41 REGULAR COMMITTEES $8,558.17 CLAIMS $ 4,401.00 (DAVID A. RIVERA, CHAIRMAN) without recommendation. NO. 37 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised mad settled: A.1 Dobueki, Randolph $20,000.00 A.2 Jemison, Barbara $7,500.00 A.3 Kelly, Kevin $5,000.00 A.4 Mines, Angel $160,000.00 A.5 Mosey, Acea as Admin. of the Est. of Allen Andrew $135,000.00 A.6 Paplow, Jean $99,000.00 A.7 Reyes, Valina $27,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 38 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Clark, Patricia $ 1,319.15 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 39 PRIOR FISCAL YEAR INVOICES C. 1. ARC & COMM $ 1,222.50 C. 2. Buffalo Civic Auto Ramps $10,873.33 C. 3. Buffalo Small Animal Hospital — Public Works Department $4,235.00 C 4 Buffalo Small Animal Hospital Police Department $ 2,268.00 C. 5. Emerling Chevrolet $ 1,119.41 C. 6. National Grid $8,558.17 C. 7. TYCO - SimplexGrirmel1 $ 4,401.00 That the above items be, and the same hereby are returned to the Common Council without recommendation. Mr. Rivera moved: That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES -9 NOES -0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 40 APPOINT SUPERVISOR OF STREET SANITATION I(PERM)(INTER)(HAYDEN)(PW) (CCP# 13,10/29) Mrs. Russell moved That Communication 13 of October 29, 2013, be received and Filed and that the Permanent appointment of Ronald Hayden, 550 McKinley Pkwy, Buffalo, NY 14220 at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES -9 NOES -0 NO. 41 APPOINT SUPERVISOR OF STREET SANITATION I(TEMP)(INTER)(GIOVINO)(PW) (CCP# 14,10/29) Mrs. Russell moved That Communication 14 of October 29, 2013, be received and Filed and that the Temporary appointment of Samuel Giovino, 334 Crestwood, Buffalo, NY 14216 at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 42 APPOINT TRUCK DRIVERS(PROV)(MAX)(CAMPEAU, FREDERICK)(PW) (CCP# 15, 10/29) Mrs. Russell moved That Communication 15 of October 29, 2013, be received and Filed and that the Provisional appointments of Jeffrey Campeau, 407 Huntington Avenue, Buffalo, NY 14214 and Phillip Frederick, 98 Rebecca Park, Buffalo, NY 14207 at the Maximum Salary of $37,447,00 is hereby approved PASSED AYES -9 NOES -0 NO. 43 APPOINT ASSISTANT CORPORATION COUNSEL II(TEMP)(LEE)(CC) CCP# 21, 10/29 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 44 APPOINT SECRETARY TO COMMISSION ON CITIZEN RIGHTS(EXEMPT)(MCDUFFIE) COP# 27, 10/29 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 46 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 40, 10/29 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO.46 BETTING ON GAMBLING CASINOS IS A LOSING GAME (C.C.P #56, OCT 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO.47 TRINITY TOWERS II HOUSING DEVELOPMENT FUND CORP. /TRINITY TOWERS APARTMENTS II, LLC PILOT (STRAT PLAN) (ITEM NO. 49, C.C.P., OCT. 29, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments II, LLC, or an entity formed or to be formed on behalf of the foregoing. The project is being developed by the Trinity Towers Apartments II, LLC, or an entity to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a total of eighty -three (83) apartments, with twenty -one (21) studio units, fifty -nine (59) one - bedroom units and three (3) two - bedroom units. All of the units wii1 be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. There will also be an elevator and laundry facilities on site. The project will rehabilitate this building and maintain the eighty - three (83) units. This property is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenues for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income, assuming a 5% vacancy. Payments will increase by 3% per year for the duration for the 15 year PILOT. PASSED AYES -9 NOES -0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO.48 APPLICATION FOR LANDMARK STATUS - ST. ANNE'S CHURCH AND SHRINE (ELL)(PRES BIRD) (ITEM NO. 1, C.C.P., OCT. 29, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval That after the public hearing held before the Committee on Legislation on November 6, 2013, St. Anne's Church and Shrine, located at 651 Broadway be designated as a local historic landmark, in accordance with Chapter 337, Article III of the City of Buffalo Charter; and That pursuant to Section 337.15 (Criteria for Designation) of the Code of the City of Buffalo, New York it is determined that St. Anne's meets 7 of the 9 criteria for designation as a Local Landmark; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES -9 NOES -0 NO. 49 FOOD STORE LICENSE (NEW) - 2756 BAILEY (MASTEN)(DPIS) (ITEM NO. 22, C.C.P., OCT. 29, 2013) Mr. Pridgen moved that the above item be returned to the Common Council without recommendation Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 50 FOOD STORE LICENSE (NEW) 441 FILLMORE (FILL)(DPIS) (ITEM NO. 23, C.C.P., OCT. 29, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; 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 Nadeem Khan d /b /a 50/50 Convenient Store located at 441 Fillmore. PASSED AYES -9 NOES -0 NO. 51 SAVARINO CO. LLC- NOTICE OF APPEAL- 441 OHIO (FILL) (ITEM NO. 46, C.C.P., OCT. 29, 2013) Mr. Pridgen moved: The Council hereby grants the appeal of Savarino Co., LLC, reverses the determination of the Buffalo Preservation Board, and grants a certificate of exception to Savarino Co., LLC for demolition of the building known as 441 Ohio Street on the basis of hardship to the owner. PASSED AYES -9 NOES -0 NO. 52 REQUEST TO RENAME THE FORMER DONOVAN BUILDING TO ONE CANALSIDE (ITEM NO. 36, C.C.P., OCT. 15, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Pridgen now moved to Receive and File above item ADOPTED NO. 53 D. FRANCZYK -T. DEE SUPPORT RENAME DONOVAN BUILDING TO ONE CANALSIDE (C.C.P. #38, OCT 15) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be received and Filed ADOPTED NO. 54 REQUEST TO RENAME THE FORMER DONOVAN BUILDING TO ONE CANALSIDE (ITEM NO. 36, C.C.P., OCT. 15, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Request to Designate 125 Main St as One Canalside Mr. Smith makes a Motion to open the public hearing Seconded by Mr. Scanlon Public Hearing Speakers: Mr. John Boglioli Mr. Smith makes a motion to close the hearing Seconded by Mr. Pridgen That the Common Council hereby approves changing the name of the former Donovan Building to "One Canalside"; and That the Common Council hereby requests that the City Clerk, upon approval of this resolution, forward certified copies of the resolution to the United States Postal Service PASSED AYES -9 NOES -0 NO. 55 FOOD STORE LICENSE (NEW) - 2906 BAILEY (MASTEN)(DPIS) (ITEM NO. 31, C.C.P., SEPT. 17, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO. 66 BY: MR. GOLOMBEK WAIVER WAR OF 1812 BONFIRE EVENT FEES Whereas The bi- centennial anniversary of the War of 1812 is being commemorated in both Canada and the United States starting in 2012 and lasting through 2014, and Whereas Many significant events during the course of the war happened in the Villages of Buffalo and Black Rock; and, Whereas December 2013 will be the 200 anniversary of the events that led to the Burning of the Villages of Buffalo and Black Rock on the American side of the Niagara River along with the village of Newark, Ontario on the Canadian side; and, Whereas On December 7, 2013, the Black Rock - Riverside Good Neighbor Planning Alliance Historical Committee will be commemorating the burning of these villages during the war by hosting a bonfire at Squaw Island Park in conjunction with several commemorative bonfires being held along the Canadian; and, Whereas These bonfires are being held not only to commemorate the events of the War of 1812, but also to recognize the peace and bi- national cooperation that has transpired in the two hundred years since the end of the hostilities. Now, Therefore, Be It Resolved: This Common Council recognizes the importance of the events of the War of 1812 and significance to the history of the City of Buffalo. The Black Rock - Riverside Good Neighbor Planning Alliance's Historical Committee is granted a waiver by this Honorable Body of all fees required by the City of Buffalo that are associated with the production of this event. PASSED AYES -9 NOES -0 NO. 57 BY: MR. SCANLON TRANSFER OF FUNDS - CAPITAL DEMOLITIONS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000103 - 445100 Planning Capital Projects $6,000,000 To: 30053406 - 445100 Capital Demolitions $6,000,000 PASSED AYES -9 NOES -0 NO. 58 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 19, 2013 at 9:45 o'clock AM Committee on Finance Tuesday, November 19, 2013 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, November 19, 2013 at 1:00 o'clock PM Committee on Legislation Tuesday, November 19, 2013 at 2:00 o'clock PM Special Committees Committee on Education Thursday, November 19, 2013 at 2:00 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 respective Chairmen, we can only make notification of what we are made aware. NO. 59 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr LoCurto, the Council adjourned at 2:41 PM GERALD A. CHWALINSKI CITY CLERK