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Home My WebLink About06-0919 (2)No.17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO September 19, 2006 FIRE & POLICE PENSION SEPTEMBER 21, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. - Members INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *SEPT. 19, 2006 * ** MAYOR - EXECUTIVE 1. Cit. Serv. -Bflo. Weed/Seed -Lower E. Side Site Year 1 Funding APP 2. Strat. Plan.- Exchange Lots - Calvary Missionary Baptist Church (Ell) APP 3. do -Renew Lease Agree. Betw. COB & Bflo. Soc. Of Nat. Sciences -1020 Humboldt Pkwy. -(aka 175 N. Parade) (Masten) APP 4. do - Transfer of Property -138 & 142 Myrtle (Ell) APP COMPTROLLER 5. Appt.- Resources Development Technician (Inter) CS ASSESSMENT AND TAXATION 6 -5A. Setting Aside 1S Day of In Rem 40 Foreclosure Auction for First Time Buyers FIN PUBLIC WORKS, PARKS & STREETS 7 -513. Notif Serial 410133 (North) (Waive 45 days) R &F 8 -6. Bids -City Wide Sidewalk Replacement - 2006 -Group 4658 FIN 9 -7. do - Conway Playground Improvements (Fill) APP 10 -8. do -Curb & Sidewalk Replacements, Group 4659 -E. Delavan - Grider to Cornwall APP 11 -9. do -Main Tupper Police Precinct -`B" District - Breezeway Add. /Reconst. Job 40653 (Ell) APP 12 -10. do - Painting of Streetlight Standards Citywide -Group 4661 APP 13 -11. do - Repair of Streetlight Foundations and Knockdowns- Citywide -Group 4660 APP 14 -12. Broderick Park Restoration Grant -2006 Erie Canal Greenway Grant Program R &F 15 -13. B. Davis -130 Mortimer St. (Ell) R &F 16 -14. Change in Contract -Auto Impound Yard, 166 Dart St., -Block Masonry Wall (Security) - Job 40614 (North) APP 17 -14A. do -City Hall Surveillance System -Job 40549 (Ell) FIN 18 -15. do -Fire Dispatch Office - Emerg. A/C Replacement -Job 40644 (Ell) APP 19 -16. do -N. Jefferson Library Const. -Job 40324 (Masten) APP 20 -17. Grass Cutting Invoice Transfers FIN, ASSESS/TAX, CC, A &F 21 -17A. Lease - Kleinhans Music Hall FIN, PW, CC 22 -18. Ord. Amend.- Chapter 235 -Haz. Materials & Wastes LEG 23 -19. Rescind Appointment -D. Wellenzohn R &F 24 -20. Appt.- Pumping Plant Operator (Max) CS POLICE 25 -21. City Owned Vehicle Inscription -Sec. 346 of Ch. VI- Charter /Ord. Of COB R &F 26 -22. Appt.- Detective (Max) CS 27 -23. do -Motor Equipment Maintenance Supervisor I (Inter) CS CORPORATION COUNSEL 28 -24. GML 239 -m for COB Ord. Amendment -Zng. -Use Permit Req. for Hum. Svs. Fac. LEG, CP BD 29 -25. Municipal Code Violations Report R &F ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 30 -26. Asbestos Air Sampling & Project Monitoring Services - 8/24/06 APP 31 -26A. Burchfield- Penney Art Center /Museum Project APP 32 -27. Food Store License -230 Lexington (Niag) APP 33 -28. Used Car Dealer -1992 Niagara (North) APP ADMINISTRATION, FINANCE & URBAN AFFAIRS 34 -29. Req. Appr.- Suppl. For Pymt. Of a Sum Equal to Diff Betw. Wages /Comp. Benefits -R. Malek APP 35 -29A.- Purchase of Duncan EMM Mechanisms APP CITY CLERK 36 -30. Hazardous Condition -130 Mortimer Street R &F 37 -31. Liquor License Applications R &F 38 -32. Leaves of Absence R &F 39 -33. Reports of Attendance R &F 40 -34. Notices of Appointments - Council Interns ADOPT 41 -35. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 42 -36. B. Davis -D. Ellis -Days Park Block Club- Comments -260 Allen St.- Restricted Use Permit LEG 43 -37. L. Kelly -Req. Old First Ward Comm. Ctr.- Neighborhood Food Pantry -62 Republic FIN, CC, EDPI 44 -38. J. Leone -260 Allen St -The Proposal LEG 45 -39. K. Mosgeller, N. Pearl St. Block Club- Complaints -Allen St. Businesses LEG, EDPI, PO PETITIONS 46 -40. M. Mancuso, Agent, Use 1001 Main - Ground Sign (Ell) (Hrg. 9/26) LEG, PLAN 47 -41. J. Manno, Agent, Use 3144 AKA 3148 Main- Outdoor Patios /Accessory (Univ) (Hrg. 9/26) LEG, PLAN BD, CC 48 -42. D. Pawlik, Agent, Use 658 Ohio- Warehouse Addition (So) (Hrg. 9/26) LEG, PLAN BD, CC 49 -43. B. Kufel, Agent, Use 260 Eggert- Ground Sign (Univ) (No Pub Hrg Req) LEG, PLAN BD, CC 50 -44. K. Mosgeller & O -N. Pearl St. Block Club- Concerns -Allen St. Businesses LEG, EDPI, POL 51 -45. J. Lindelow & O- Opposition to 511 Ordinance LEG RESOLUTIONS 121 -46. Bonifacio Ord. Amend.- Chapter 511 -136 Zoning -Use Permit Req. Hum Svs. Fac (Hrg. 9/26) LEG, CP BD 122 -47. do do - Chapter 387 Signs LEG 123 -47A. do Req. Grant Fndg. From NYS Canal Corp. to Implement EC Canal Greenway Prog.ADOPT 124 -47B. Fontana Waive License & Permit Fee - Habitat for Humanity of Buffalo APP 125 -48. Franczyk Crime in BMHA Projects ADOPT 1,2,3 RES; 4 BUDGET, BMHA 126 -48A. do Appts. To Citizen's Planning Council ADOPT 127 -49. Kearns Appt.- Legislative Assistant ADOPT 128 -49A. do Local Law Intro# 17 (2006)- Vacancies in the Common Council APP 129 -50. Russell Budget /Personnel Amendment -Water APP 130 -51. do do- Police (Crime Analyst) APP 131 -52. do do- Police (Report Technicians) APP 132 -53. do do -Chief CS 133 -54. do Local Law Intro 416 (2006) -Dept. of Police LEG, POL, BD ED 134 -55. Thompson Felicitations /In Memoriums ADOPT 135 -56. do Comm. Of Deeds ADOPT TABLE ITEMS 136 -4121 9/5 Local Law Intro# 15 (2006)- Vacancies in the Common Council R &F SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING 25 CIVIL SERVICE 73 -22. Com 36 52 -1. Com 32 July 25 Appt.- Detective Sergeant (Perm) (Max) (Pol) R &F 53 -2. Com 33 July 25 Appt.- Detective (Cont. Perm.) (Max) (Pol) R &F 54 -3. Com 44 Sept 5 Appt.- Detective (Max) (Pol) R &F 55 -4. Com 40 July 25 Appt. -Asst. Corp. Counsel II (Max) (Law) APP 56 -5. Com 63 Sept 5 Appt.- Combustion Inspector (Max) (EDPI) APP 57 -6. Com 54 July 25 Appt. -Pkg. Enf Officer (Inter 42) (AFUI) APP 58 -7. Com 65 Sept 5 Appt.- Administrative Asst. (Max) (AFUI) APP 59 -8. Com 66 Sept 5 Appt- Laborer II (Inter) (AFUI) APP 60 -9. Com 58 July 25 Appt. -Secy. To Comm. Of Human Resources (HR) R &F 61 -10. Com 39 Sept 5 Appt. -Sr. Rate Clerk (Inter) (PW) APP 62 -11. Com 67 Sept 5 Appt. - Director of Recreation (Max) (Comm. Svs. /Rec. Prog.) R &F 63 -12. Com 78 Sept 5 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F 64 -13. Com 79 Sept 5 Notices of Appt.- Temp. /Prov. /Perm (C. Clk.) (Salter) R &F 65 -14. Com 53 July 25 Req. Appr.- Submit Suppl. Dif£ In Wages /Comp. (Parker) (AFUI) APP FINANCE 66 -15. Com 59 67 -16. No 84 68 -17. No 87 Casino_R &F 69 -18. Com 6 ( Strat. Plan) APP 70 -19. Com 14 Calvery Miss. 71 -20. Com 25 72 -21. Com 31 73 -22. Com 36 (Fire) 74 -23. Com 12 ( Strat. Plan) R &F 75 -24. Com 16 76 -25. Com 20 (Assess /Tax) R &F 77 -26. Com 64 (AFUI) R &F 78 -27. Res 130 York Who Fin. Res.) R &F 79 -28. No 47 Summer Job LEGISLATION 80 -29. Com 2 Circle July 25 Fulton St. Area Sewer Line Use (BSA) R &F July 25 J. Rozanski -Sale of Fulton St. R &F July 25 C. Van Ness - Oppose Sale /Transfer of Fulton St. for Use of July 25 Prop. To Transfer Jurisdiction of Var. Prop. From COB to BOE July 25 B. Davis -C. Wilkins -Req. Change of Lots - Jefferson Ave. -First July 25 July 25 July 25 Sept 5 Sept 5 Sept 5 Sept 5 Baptist Church (Assess /Tax) Complaints -Tosh Collins Comm. Ctr. (South) (PW)_ Quality of Life Issues (Pol) City Owned Vehicle Inscription -Sec. 348 - Charter /Ord Of COB Use of the Innovative "SEGWAY Human Transporter" by COB Use of SEGWAY Transporter (Comptroller) Use of the Innovative "SEGWAY Human Transporter" by COB Use of the Innovative "SEGWAY Human Transporter" by COB Mar 21 Req. Individuals or Entities Located Outside of the State of New Purchase City -Owned Properties- Secure a Bond With the COB (Exc. June 27 M. Gainer -Bflo Youth Corps -Req Sponsorship for 10 Youth- Training Program. July 25 Prop. Landmark Design. -The Park Lane Condominium -33 Gates (Del) (Pres. Bd.) (Hrg. 9/12) 81 -30. No 100 Sept 5 J. Goetz, Agt., Use 244(aka 242,244,246) Allen -Sit In Rest.(Ell) (Hrg. 9/12) R &F R &F R &F R &F APP RECOMMT 82 -31. No 101 Sept 5 M. Sanders, Agt., Use 224 Allen -Sit In Rest /Outdoor Patio (Hrg. 9 /12)RECOMMIT 83 -32. No 91 July 25 M. Burns, Agent, Use 3 City Line South for Rail Car Storage & Repair Bldg. (No Pub Hrg. Req.) APP 84 -33. No 92 July 25 M. Johnston, Agent, Use 540 Genesee St. for a Free Standing Sign (Ell) (No Pub Hrg. Req.) APP 85 -34. No 124 July 25 J. Zuefle, Agt., Use 517 Washington- Outdoor Patio (Ell) (474,5/16)(No Pub Hrg Req) APP 86 -35. No 105 Sept 5 M. Hernandez, Agt., Use 549 Niagara - Sidewalk Caf6 (Niag) (No Pub Hrg Req) APP 87 -36. No 106 Sept 5 M. Ward, Agt., Use 2677 Delaware -Grnd. Sign (Del) (No Pub Hrg Req) _APP 88 -37. No 107 Sept 5 J. Camacho, Agt., Use 3160 Main St. -Enc. Outdoor Patio (Univ.) (No Pub Hrg Req) APP 89 -38. No 133 July 25 Local Law Intro 414 (2006)- Vacancies in the Common Council ( #113,7/25) R &F 90 -39. Res 111 Sept 5 Ord. Amendment - Chapter 168, Env. Review APP 91 -40. Com 39 July 25 Municipal Code Violations Report R &F 92 -41. Com 55 Sept 5 Second Hand Dealer -3079 Bailey (Univ.) (ECPI) APP 93 -42. No 141 July 25 Used Car Dealer -227 Paderewski (4107,6/13)( 489,5/30)( 440,5 /16)DENY 94 -43. Res 119 Sept 5 Run Bflo. Inc. -Req. Waiver of Demo Permits, etc. APP 95 -44. Com 53 Sept 5 L. Kelly -Req. Demo. -71 & 73 Louisiana (ECPI) R &F 96 -45. No 88 Sept 5 G. Hopkins -Req. Decrease /Discount in Taxi Rates R &F 97 -46. No 82 July 25 P. Kranczyk -FAQ on Taxicab Service R &F 98 -47. No 108 Sept 5 A. Thompson -R. Garnett & O -Req. Stop Sign - Deerfield & Fernhill Ave. ADOPT 99 -48. Res 187 July 25 Trailblazer Request for Rev. James T. Hemphill RECOMMI' 100 -49. Res 188 July 25 Trailblazer Request for Bishop Glenwood H. Young Sr. RECOMMI' 101 -50. Com 34 Sept 5 NextG Networks - Formal App. To Access City ROW -for Prov. Telecom Svs. (PW) APP 102 -51. Com 27 July 11 Prop. Ord. Amendment- Chapter 372 Bouncer Law (Pol) R &F 103 -52. Com 30 July 11 Prop. Amendment to Chapter 372 Bouncer Law (ECPI) R &F 104 -53. Com 37 July 11 105 -54. Res 106 June 27 COMMUNITY DEVELO 106 -55. Res 116 Sept 5 107 -56. Com 7 Sept 5 Sycamore 108 -57. Res 118 109 -58. Com 8 110 -59. Com 11 Plan) APP Bouncer Law (C. Clk.) Ord Amend - Chapter 372 Bouncer Law PMENT Req. Appr. Prop. Amendment to LDA -1106 Genesee, 836 Sycamore & 182 Wilson Street (Hrg. 9/19) Req. Amend LDA -1106 Genesee, 836 Sycamore & 182 Wilson/Appr. Amendment to Contract for Sale of Land -1106 Genesee, 836 & 182 Wilson (Strat. Plan.) APP Sept 5 Restore NY Comm. Initiatives -Mun. Grant Program (Hrg. 9/19) APP Sept 5 Endorsement of COB Urb. Ren. Agency's Appl.- Restore NY Comm. Initiatives Prog. (Strat. Plan.) APP Sept 5 St. John's Comm. Dev. Town House Proi. -Sale of City Parcels (St APP 111 -60. No 75 July 25 112 -61. No 77 July 25 113 -62. Res 110 Sept 5 114 -63. Com 61 Sept 5 115 -64. Com 51 Sept 5 116 -65. No 149 July 25 117 -66. No 50 July 11 118 -67. No 51 July 11 119 -68. Res 131 Apr 19 120 -69. Res 97 Feb 21 R. Heffern- Economics of Gambling- Summary Points R &F M. Kearns -D. Bennett- Effects of Urban Gambling Casino R &F Burchfield- Penney Art Project R &F R. Tylicki -NFTA ROW Near Starin Avenue (ECPI) R &F M. Kearns -Opp. Comm. Field House Complex (ECPI) R &F Results Negotiations -755 Best ( 45,7/11) (Fillmore) (Strat. Plan.) APP J. Golombek -R. Heffern- CACGEC -Opp. Casino R &F J. Golombek -BERC Bd. Of Director's Meeting Summary- 6/21/06 R &F Putting Marine Drive Apartments on the Tax Rolls WATERFR Appt. of Student Liaison to the Comm. Dev. Committee R &F CORPORATION PROCEEDINGS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 1 BUFFALO WEED AND SEED LOWER EAST SIDE SITE YEAR 1 FUNDING This is to advise the Honorable Common Council the funds for Year 1 of the Buffalo Weed and Seed Program, in the amount of $175,000 has been awarded to the City of Buffalo. This grant will allow Buffalo Weed and Seed to continue and expand it mission in the Lower East Side of Buffalo, within Police District "C ". During this project period law enforcement efforts will reduce street violent crimes such as drug dealing and aggravated assaults. Community policing goals will enhance police visibility and police presence in order to reduce quality -of -life crimes. Prevention, intervention, and treatment goals include a comprehensive approach for educational and skill enhancement, Healthy Life Choices /Character Development training, and substance abuse prevention, intervention, and treatment within the community. Neighborhood restoration goals will restore the neighborhood through increased home maintenance, housing rehabilitation and home ownership. Effective, this year, an interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant specified by the U.S. Department of Justice. Mr. Bonifacio moved: That the above communication from the Division of Citizens Services dated September 1, 2006, be received and filed; and That the Director of the Division of Citizens Services be, and he hereby are authorized on behalf of the City to accept $175,000 (federal funds) from the Executive Office of Weed and Seed through the U.S. Department of Justice. An interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. PASSED AYES - 9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 EXCHANGE LOTS - CALVARY MISSIONARY BAPTIST CHURCH - EILICOTT DISTRICT ITEM NO. 49, C.C.P. 7/11106 ITEM NO. 89, C.C.P. 9/20/05 The above referenced item is a request from Calvary Missionary Baptist Church to exchange their lot located at 335 Jefferson Avenue (30 x 110), assessed at $1,500,for the city owned vacant lot located at 357 Jefferson Avenue (25 x 125), assessed at $3,100. The church's lot at 335 Jefferson Avenue is adjacent to 337 Jefferson Avenue, another vacant city owned lot. Your Honorable Body may authorize the exchange in accordance with Article 27 -7 of the City Charter. While this section requires that the exchange be an even value exchange, the fact that the city is gaining a buildable lot will off set the difference in assessed value between the two properties. I am recommending that Your Honorable Body approve the exchange of the city owned parcel at 357 Jefferson for the Church lot at 335 Jefferson upon the following conditions: 1. The Church at their own cost and expense will provide title insurance policy showing clear and marketable title to 335 Jefferson 2. That the City of Buffalo at it's own cost and expense will conduct and receive satisfactory Environmental Review of 335 Jefferson. 3. The City of Buffalo will not provide search or survey for 357 Jefferson 4. The Church may at their own cost and expense obtain search, survey and environmental testing of the city owned lot at 357 Jefferson. 5. The Church will be responsible for all closings costs associated with both 335 & 357 Jefferson Avenue. I am recommending that Your Honorable Body approve the exchange of 357 Jefferson for the Church's property at 335 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 14, 2006, be received and filed; and That the request from Calvary Missionary Baptist Church to exchange 335 Jefferson Avenue (30 x 110) for the city owned vacant lot at 357 Jefferson Avenue (25 x 125), be and hereby is accepted; 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 and conditions upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 3 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO SOCIETY OF NATURAL SCIENCES FOR USE OF 1020 HUMBOLDT PKWY. (AKA 175 N. PARADE) MASTEN DISTRICT ITEM NO. 159, C.C.P. 5/30/00 Pursuant to Item No. 159, C.C.P. 5/30/00, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Buffalo Society of Natural Sciences for use of 1020 Humboldt Pkwy. (a.k.a. 175 N. Parade). This lease was for the period of May 1,2000 through April 30, 2005. The Office of Strategic Planning, Division of Real Estate, has received a request from Albert Parker, Chief Financial Officer /Director of Operations requesting to renew their lease for an additional five (5) year period (commencing retroactively from May 1, 2005 through April 30, 2010). Their request to renew this lease was forwarded to the Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The rental fee shall be One Dollar ($1.00) annually. 2. The Lessee shall provide proof of insurance saving the City harmless in amounts determined by the City Corporation Counsel's Office. 3. The City shall be responsible for only those items which can be covered by bond issues, including additions to the Building and /or reconstruction, as defined by New York State Finance Law, and any other capital improvement necessary to keep the Building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair. 4. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building, premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. 5. The Buffalo Board of Education and the Buffalo Society of Natural Sciences, Inc. have entered into separate Agreements between them pertaining to an attached addition to the Buffalo Museum of Science in Matrin Luther King, Jr. Park which addition houses the Charles R. Drew Science Magnet School (School 59) and also provides space to the Society for museum exhibits, research library, exhibit preparation, offices and other museum uses (Joint Facility). All responsibility as to the repairs and maintenance of such Joint Facility shall be governed by the provisions of the agreement. 6. The cost of utilities are paid by the Board of Education and the Buffalo Museum of Sciences and governed pursuant to the provisions contained in a separate Agreement between the City of Buffalo Board of Education and the Buffalo Society of Natural Sciences. This office recommends that Your Honorable Body renew their lease agreement for an additional five (5) year period commencing retroactively on May 1, 2005 through April 30, 2010. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated September 13, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the Buffalo Society of Natural Sciences, for use of 1020 Humboldt Parkway a /k /a 175 N. Parade for an additional five (5) year term commencing retroactively from May 1, 2005 through April 30, 2010. All other terms and conditions of said lease agreement shall remain including but not limited to conditions listed above. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 4 TRANSFER OF PROPERTY 138 MYRTLE, 322' E CHICAGO LOT SIZE: 22'X 73' 142 MYRTLE, 369' E CHICAGO LOT SIZE: 26'X 56' The Office of Strategic Planning, has received correspondence from Tracey Swahlon of Knoer, Crawford and Bender, Attorneys at Law. They represent Mr. James T. Sandoro, who owned a vacant lot at 142 Bennett. In 1999 Mr. Sandoro entered into an agreement with Buffalo Neighborhood Revitalization (BNRC) to exchange his vacant lot at 142 Bennett Street for 138 and 142 Myrtle Street owned by the City of Buffalo. The purpose of the exchange was to combine 142 Bennett Street with a City -owned lot at 138 Bennett Street for the construction of a new home. Mr. Sandoro completed the transfer of his lot at 142 Bennett to BNRC and a new home has been constructed. However, there was a title problem with 138 Myrtle and the transfer of the city lots were never completed. The title problem has been cleared up and now the Office of Strategic Planning needs to complete the transfer of the City -owned parcels. In reviewing BNRC and City file, there is no item by the Common Council approving the exchange. Therefore, I am recommending that Your Honorable Body approve the exchange of the City owned lots at 138 and 142 Myrtle for 142 Bennett owned by Mr. Sandoro. I am further recommending that the Office of Strategic Planning prepare the necessary documents and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 12, 2006, be received and filed; and That the request from James T. Sandoro to exchange 142 Bennett Street for the city owned property at 138 and 142 Myrtle Street, be and hereby is accepted; 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 and conditions upon which the offer was submitted. PASSED AYES - 9 NOES -0 y :IQ V i 1119. 141 K 0] L V i I i I:To] 1 4 4 N NO. 5 CERTIFICATE OF APPOINTMENT Appointment Effective: 9/11 /2006 in the Department of Audit and Control, Division of Accounting, Investment & Debt Management the Position of Resources Development Technician, Provisional appointment at the intermediate starting salary of $44,830.00 Leonardo Tempestoso, Jr., 145 Dorchester Road, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 6 SETTING ASIDE THE I DAY OF THE IN REM 40 FORECLOSURE AUCTION FOR FIRST -TIME BUYERS CCP: 9/5/06, ITEM #128 This is in response to the Resolution sponsored by Masten District Councilmember Antoine M. Thompson to "Set Aside the 1 st Day of the In Rem 40 Foreclosure Auction for First -Time Buyers." The Department of Assessment and Taxation is open to any new suggestions and we do not object to the resolution, however, the New York State Real Property Tax Law establishes and governs the specifics of the foreclosure process. It should be noted that the Real Property Tax Law mandates that any sale of foreclosed property should be at public auction and all procedures instituted must be applied equally to all bidders and purchasers and that it cannot be contrary to the Real Property Tax Law. Offering certain properties to certain bidders and excluding other bidders would be contrary to the Real Property Tax Law and discriminatory. Therefore, implementation of this procedure would require changing the state laws governing public tax foreclosure auctions. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 NOTIFICATION SERIAL # 10133 INSTALL STOP SIGN IN CONDON AVENUE AT CHADDUCK AVENUE (NORTH DISTRICT) STOP SIGNS - 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 atter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS (ALL WAY) VEHICLES ON SHALL STOP BEFORE ENTERING Condon Avenue Chadduck Avenue This action is being taken by Police emergency order. Waive 45 Days RECEIVED AND FILED NO. 8 REPORT OF BIDS CITY WIDE SIDEWALK REPLACEMENT — 2006 GROUP #6681 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised for and received one (1) bid in regard to a contract for City Wide Sidewalk Replacement. In obtaining this bid for the above project, I have asked for unit price coveting 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 bid was received: Base Bid Unit Price Increase P & J Construction Co., Inc. $1,108,740.00 $1,219,614.00 1 hereby certify that the only responsible bidder for the above project was P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,219,614.00. ($1,108,740.00 Base Bid + 10% unit price increase $110,874.00 = Total Award $1,219,614.00 ). This award and execution of the contract are contingent upon the Contractor complying with the City's recently approved Apprentice Program and MBEM/BE Sub - Contractor goals. Funds for this work are available in Capital Project Account's #39311106 & 30032106. The engineer's estimate for this work is $950,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 14 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 REPORT OF BIDS CONWAY PLAYGROUND IMPROVEMENTS (FILLMORE) I advertised on September 1, 2006 and have received the following bids for the construction of Conway Playground Improvements, which were publicly opened & read on September 13, 2006. General Contractor Base Bid Gleason's Nursery $65,469.00 4780 Sheridan Dr. Williamsville, NY 14221 Titan Development $66,825.00 8534 Seaman Rd. Gasport, NY 14052 Gardenville Landscaping $76,896.00 3069 Clinton St. Gardenville, NY 14032 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gleason's Nursery is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $65,469.00 1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work will be available in Bond Fund number 39400106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 13, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the construction of Conway Playground Improvements, to Gleason's Nursery, the lowest responsible bidder, in the amount of $65,469.00. Funds for the project are available in Bond Fund #39400106. PASSED AYES - 9 NOES -0 NO. 10 REPORT OF BIDS CURB & SIDEWALK REPLACEMENT, GROUP #659 EAST DELAVAN- GRIDER TO CORNWALL NEW YORK STATE MULTI -MODAL GRANT P.I.N. #MA2283.30A ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received one (1) bid bid in regard to a contract for Curb & Sidewalk Replacement. In obtaining this bid for the above 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 bid was received: Base Bid Unit Price Increase Destro & Brothers Concrete Co., Inc. $858,327.50 $944,160.25 411 Ludington, Buffalo, NY 14206 1 hereby certify that the only responsible bidder for the above project was Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $944,160.25 ($858,327.50 Base Bid + 10% unit price increase $85,832.75 = Total Award $944,160.25 ). This award and execution of the contract are contingent upon the Contractor complying with the City's recently approved Apprentice Program and MBEM/BE Sub - Contractor goals. This project will be partially reimbursed in the amount of $500,000.00 by New York Sate Multi -Modal Grant P.I.N. #MA2283.30A. Funds for this work are available in Capital Project Account's #39311106, #30007806 & 30032106. The engineer's estimate for this work is $850,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 14 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 13, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb & Sidewalk Replacement, Group #659, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $944,160.25 ($858,327.50 Base Bid + 10% unit price increase $85,832.75 = Total Award $944,160.25). Funds for the project are available in Capital Project Accounts #39311106, 30007806 & 30032106 PASSED AYES - 9 NOES -0 NO. 11 REPORT OF BIDS MAIN TUPPER POLICE PRECINCT - "B" DISTRICT BREEZEWAY ADDITION & RECONSTRUCTION JOB #0663 ELLICOTT DISTRICT I advertised for on August 16, 2006 and received the following formal proposals for the Main Tupper Police Precinct, "B" District, Breezeway Addition & Reconstruction, on September 6, 2006. Miller Enterprises 12 Newfield St., Buffalo, NY Progressive Roofing $91,400.00 331 Grote, Buffalo, NY Hadala Construction $186,400.00 325 Grote, Buffalo, NY The Peyton Barlow Co. No Bid 360 Delaware, Buffalo, NY No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Ninety One Thousand Four Hundred and 00/100 Dollars ($91,400.00) 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 bids. Funds for this project are available in 35320306 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 6, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Main Tupper Police Precinct, "B" District, Breezeway Addition & Reconstruction, to Miller Enterprises, the lowest responsible bidder, in the amount of $91,400.00. Funds for the project are available in 35320306 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 12 REPORT OF BIDS; PAINTING OF STREETLIGHT STANDARDS CITYWIDE - GROUP #661 This is to advise Your Honorable Body that I have advertised and received public bids on September 6, 2006 for Painting of Streetlight Standards - Citywide - Group 661. In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be either more or less than the total bid.The Following bids were received: CONTRACTOR BASE BID UNIT PRICE INCREASE E &M Star Painting, Inc. $143,493.00 $157,842.30 5270 Via Del Sol Williamsville, New York 14221 A &A Concrete $158,476.00 $174,323.60 3407 Delaware Avenue, Suite 200 Buffalo, New York 14217 Shades of Color Painting $175,130.00 $192,643.00 219 Danbury Drive Cheektowaga, New York 14225 1 hereby certify that the lowest responsible bidder for the above project is E &M Star Painting, Inc. with a base bid amount of $143,493.00. The Engineers estimate for this work is $150,000.00 and funds are available in our Capital Project Accounts # 30032106, 39311106 and future Capital Project Citywide infrastructure account for this type of work. I respectfully recommend that Your Honorable Body authorize a contract award E &M Star Painting, Inc. in accordance with their low bid on September 6, 2006 in the amount of $143,493.00. (Base Bid of $143,493.00 + [10% unit price increase] $14,349.30 = ]total award] $157,842.30). This award and execution of the contract are contingent upon the contractor complying with the City's recently approved Apprentice Program and MBEM/BE sub - contractor goals. The attached is certified to be true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 14 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 14, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Painting of Streetlight Standards - Citywide -Group 661, to E & M Star Painting, Inc. lowest responsible bidder, in the amount of $143,493.00 (Base Bid of $143,493.00 + [ 10% unit price increase] $14,349.30 = total award $157,842.30). Funds for the project are available in Capital Project Accounts #30032106, 39311106 and future Capital Project Citywide infrastructure account. PASSED AYES - 9 NOES -0 NO. 13 REPORT OF BIDS; REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE - GROUP #660 This is to advise Your Honorable Body that I have advertised and received public bids on September 6, 2006 for Repair of Streetlight Foundations and Knockdowns Citywide - Group 660. These bids were necessary as a result of an October 20, 2004 notification from National Grid informing the City that they will no longer handle streetlight standard repairs as related to knockdowns. In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be either more or less than the total bid. The Following bids were received: CONTRACTOR BASE BID UNIT PRICE INCREASE O'Connell Electric Co. $216,290.00 $237,919.00 929B Ransom Road Lancaster, New York 14207 Spoth Enterprises Inc. $379,900.00 $417,890.00 8746 Lakeshore Road Angola, New York 14006 I hereby certify that the lowest responsible bidder for the above project is O'Connen Electric Co. with a base bid amount of $216,290.00. The Engineers estimate for this work is $250,000.00 and funds are available in our Capital Project Accounts # 30032106- 445100, 13116006-443100 and 39311106-445100. I respectfully recommend that Your Honorable Body authorize a contract award to O'Connen Electric CO. in accordance with their low bid on September 6, 2006 in the amount of $237,919.00. (Base Bid of $216,290.00 + [10% unit price increase] $21,629.00 = [total award] $237,919.00). This award and execution of the contract are contingent upon the contractor complying with the City's recently approved Apprentice Program and MBENVBE sub - contractor goals. The attached is certified to be true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 14 2006. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 14, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair of Streetlight Foundations and Knockdowns Citywide - Group 660, to O'Connell Electric Co., lowest responsible bidder, in the amount of $216,290.00 (Base Bid of $216,290.00 + [ 10% unit price increase] $21,629.00 = total award $237,919.00). Funds for the project are available in Capital Project Accounts #30032106 - 445100, 13116006-443100 and 3931106-445100. PASSED AYES - 9 NOES -0 NO. 14 BRODERICK PARK RESTORATION GRANT 2006 ERIE CANAL GREENWAY GRANT PROGRAM In order to facilitate a Grant Application in the amount of $250,000, the N.Y. State Canal Corporation requires a resolution as follows: MUNICIPAL RESOLUTION REQUESTING GRANT FUNDING FROM THE NEW YORK STATE CANAL CORPORATION TO IMPLEMENT THE ERIE CANAL GREENWAY PROGRAM WHEREAS, the New York State Canal Corporation is soliciting projects to implement Governor George E. Pataki's vision for an Erie Canal Greenway, first proposed by the Governor in May 2005, and WHEREAS, the December 2005 report released by the New York State Canal Corporation Interagency Task Force, entitled "'Report on the future of New York State Canals "', recommended a voluntary, collaborative strategy for providing assistance to communities along all four canals of the New York State Canal System through a canal -wide "greenway" program, and WHEREAS, funding for a grant program to implement the vision of the Governor and the recommendations of the Task Force was approved in the 2006 -2007 New York State Budget, and $6 million is available under four grant categories, and NOW THEREFORE BE IT RESOLVED AS FOLLOWS: The City of Buffalo, NY supports the creation of a voluntary Erie Canal Greenway, as proposed by the Governor and recommended in the Report by the Interagency Task Force, based upon six (6) principles, including: (1) waterfront public access; (2) tourism; (3) recreational development; (4) natural and cultural resource protection; (5) local and regional planning; and (6) economic revitalization, and The City of Buffalo, NY supports the submission of an application for funding from the New York State Canal Corporation through the Erie Canal Greenway Grant Program in the amount of $250,000 for the project entitled Broderick Park Restoration RECEIVED AND FILED No. 15 130 Mortimer St. Ellicott District CCP #83 of 9/5/2006 The referenced item was sent to this department for comment. The tree identified in the notice of hazardous condition dated August 7, 2006 has been placed on our tree removal list. It will be removed this year. RECEIVED AND FILED NO. 16 Change in Contract Auto Impound Yard, 166 Dart Street Block Masonry Wall (Security) Job #0614 North District I hereby submit to Your Honorable Body the following changes for the Auto Impound Yard, 166 Dart Street, Block Masonry Wall (Security), Miller Enterprises, C #92011129. 1. Site cleaning and grubbing. Add $ 9,500.00 The foregoing change results in a net increase in the contract of Nine Thousand Five Hundred and 00/100 Dollars ($9,500.00). SUMMARY Current Contract Amount $104,400.00 Amount of This Change Order ( #1) Add $ 9,500.00 Revised Contract Amount $113,900.00 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 36321206 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Miller Enterprises, an increase in the amount of $9,500.00, as more fully described in the above communication, for work relating to Job No. 0614, Block Masonry Wall (Security), C #92011129. Funds for this project are available in 36321206 445100 - Buildings. PASSED AYES — 9 NOES 0 NO. 17 Change in Contract City Hall Surveillance System Job #0549 Ellicott District I hereby submit to Your Honorable Body the following changes for City Hall, Surveillance System, U & S Services, C #92011125. 1. 500 additional Smart Tags for the employee ID cards; access control change (Mayor's Office entrance doors): Use IPIX Dome Camera in hallway and entrance area to Mayor's Office; Upgrade network cabling to CAT5 to future -proof the installation; Monitor and intercom for Mayor's lobby; Combination card reader, camera, and intercom unit outside Mayor's office doors. Add $ 32,069.00 The foregoing change results in a net increase in the contract of Thirty Two Thousand Sixty Nine and 00/100 Dollars ($32,069.00). SUMMARY Current Contract Amount $143,550.00 Amount of This Change Order ( #1) Add $ 32,069.00 Revised Contract Amount $175,619.00 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 being completely paid for with Federal Homeland Security funds from UASI Year 2 Grant, Account #24080467 - 474100, Project ID #10222. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 Change in Contract Fire Dispatch Office EmergencyA/C Replacement Job #0644 Ellicott District Item No. 16, CCP07/11/06 The Commissioner of Public Works, Parks & Streets has declared an emergency for the A/C Replacement at the Fire Dispatch Office because the existing units have failed and the 911 equipment requires aid conditioning to operate. He has solicited the following changes for replacement of the air conditioning. 1. Furnish and install wiring of the new condensing unit. Add $ 6,440.00 The foregoing change results in a net increase in the contract of Six Thousand Four Hundred Forty and 00/100 Dollars ($6,440.00). SUMMARY Current Contract Amount $23,772.00 Amount of This Change Order ( #1) Add $ 6,440.00 Revised Contract Amount $30,212.00 The Department of Public Works, Parks & Streets has entered into an emergency change in contract with Northeast Mechanical in the amount of Six Thousand Four Hundred Forty and 00/100 Dollars ($6,440.00). Funds for this work are available in 39320406 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, an increase in the amount of $6,440.00, as more fully described in the above communication, for work relating to Job No. 0644, Emergency for the A/C Replacement at the Fire Dispatch Office. Funds for this project are available in 39320406 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 19 Change in Contract [North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General Construction, Patrick Development, C #92010833. 1. Additional landscaping work required. Add $ 2,750.00 The foregoing change results in a net increase in the contract of Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00). SUMMARY Current Contract Amount $3,141,644.32 Amount of This Change Order ( #21) Add $ 2,750.00 Revised Contract Amount $3,144,394.32 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 38321006 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 21, to Patrick Development, an increase in the amount of $2,750.00, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, General Construction, C #92010833. Funds for this project are available in 38321 006 445100 - Buildings. Passed AYES — 9 NOES — 0 NO. 20 GRASS CUTTING INVOICE TRANSFERS In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo, owners or persons having charge of such lands and the cost of cutting grass and weeds on these properties by the Department of Public Works, Parks & Streets, Division of Streets during the months of May through August 2006. The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated from miscellaneous accounts receivable and that the Commissioner of Assessment & Taxation places the charge(s) on the Local tax rolls. 2006 Total - $35,650.00 REFERRED TO THE COMMTTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND FINANCE, COMMISSIONER OF ASSESSMENTS & TAXATION AND CORPORATION COUNSEL No. 21 Lease - Kleinhans Music Hail The Lease between the City and the Kleinhans Music Hail Management Corporation expired on September 1, 2006. Mr. James D. Newman, Chair of the Corporation's Board of Directors, has notified me that the Board wishes to extend the current agreement for a period of one year with the understanding that the City continue to pay all utilities and the $50,000 annual fee as outlined in the original agreement. All other terms and conditions would remain the same. During the one -year extension, the Management Corporation and the Buffalo Philharmonic will work with us on developing a longer -term agreement. We respectfully request that the Common Council authorize the Commissioner of Public Works and the Director of Real Estate to draft an agreement, and to further authorize the Mayor to enter into such an agreement. REFERRED TO THE COMMITTEE ON FINANCE, COMMISINER OF PUBLIC WORKS, PARKS AND STREETS AND CORPORATION COUNSEL NO. 22 Ordinance Amendment, Chapter 235 Hazardous Materials and Wastes Item No. 127, C.C.P. 09105106 This item was referred to this department for comment. The Department of Public Works supports the proposed ordinance that would limit the transportation of hazardous materials through the City of Buffalo. The proposed ordinance is acceptable as written. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 RESCIND APPOINTMENT DAVID WELLENZOHN The Department of Public Works, Division of Water hereby rescinds the appointment of David Wellenzohn, 310 Eden Street, Buffalo, New York to the position of Meter Reader (Provisional) on personnel requisition #2006 -19. RECEIVED AND FILED NO. 24 Certificate of Appointment Appointment Effective: September 11, 2006 in the Department of Public Works, Parks & Streets Division of Water Temporary Promotion at the: Maximum Starting Salary of $42,289.00 William Appenheimer 22 Kail Street Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 25 City Owned Vehicle Inscription Reference Sec. 348 of Ch. VI Charter and Ordinances of the City of Buffalo Dear Mr. Franczyk: Pursuant to Chapter 53 of the City Charter, I am authorizing the designation of the following vehicles to the Buffalo Fire Department for police purposes: C -1 Fire Commissioner B -51 Deputy Fire Commissioner B -52 Deputy Fire Commissioner B -53 Deputy Fire Commissioner B -55 Special Operations Chief F -19 Planning Officer F -10 Arson Investigator F -11 Arson Investigator Thank you for your cooperation herein. RECEIVED AND FILED NO. 26 Certificate of Appointment Appointment Effective: August 14, 2006 in the Department of: Police Division of: Detective Bureau to the Position of Detective Permanent Promotion at the: Flat Starting Salary $59,909 James Panus 296 Westbrook Dr Cheektowaga, NY 14225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 Certificate of Appointment Appointment Effective: August 24, 2006 in the Department of: Police Division of: Fleet Maintenance to the Position of Motor Equipment Maintenance Supervisor I Permanent Promotion Intermediate at the: Starting Salary $33,094 John Sheely 57 Campbell Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THECORPORATION COUNSEL NO 28 Gml 239 -M Referral for City of Buffalo Ordinance Amendment Use Permit Requirements Human Services Facility I am counsel to the City of Buffalo Common Council. Enclosed please find a completed GML 239 -m referral form related to a proposed ordinance amendment before the Common Council. This ordinance amendment would re -enact the use permit requirements for human services facilities in the City of Buffalo, which had expired on July 1, 2004. The Common Council's Committee on Legislation will conduct a public hearing on September 26, 2006 at 2:OOpm in Common Council Chambers, and desires to act on this proposed ordinance at its regular meeting on October 3, 2006. Should you require any additional information please do not hesitate to contact me at 851 -4116. Thank you for your prompt attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD NO. 29 Municipal Code Violations Report (Item No. 96, C.C.P. 02/21/06) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached is the requested reports for violations cited during the months of July and August 2006. As you can see from the reports, the various departments issued 1,061 summonses during the month of July and 1,312 summonses during the month of August RECEIVED AND FILED NO. 30 Bid opening" Asbestos Air Sampling and Project Monitoring Services" August 24, 2006 1 would like to inform your Honorable Body that on August 24, 2006 a bid opening took place in the office of Economic Development, Permit & Inspection Services for Air Sampling and Project Monitoring Services. This is to fulfill a requirement of Code Rule 56 subpart 56 -4 of New York State Industrial Code Rule 56, General Project Air Sampling and Laboratory Analysis requirements, 56 -4.3, Independent Third Party Sampling and Analysis. The following contractors submitted proposals as follows: B.K. PETERSON $324.00 /day Daily Rate - $160.00 /day Project Rate SIENNA $420.00 /day Daily Rate - $180.00 /day Project Rate UNYSE $273.00 /day Daily Rate - $50.00 /day Project Rate Please be advised that we wish to award the contract to UNYSE (Upper New York State Environmental, Inc.). The City will pay to the contractor a sum not to exceed $347,600.00 to be paid from Capital Project fund number 39650206. This amount covers approximately 400 separate projects. Mr. Bonifacio moved: That the above communication from the Commissioner of Economic Development and Permit and Inspection Services dated September 11, 2006, be received and filed; and That the Commissioner of Economic Development and Permit and Inspection Services, be, and he hereby is authorized to award a contract for Asbestos Air Sampling and Project Monitoring Services, to UNYSE, the lowest responsible bidder, in the amount of $273.00 daily and $50.00 /day Project Rate. Funds for the project are available in Capital Project Fund #39650206. PASSED AYES — 9 NOES — 0 NO. 31 Burchfield - Permey Art Center /Museum Project CCP September 12, 2006, Item # 101 The Department of Economic Development, Permit and Inspection Services and the Office of Strategic Planning has considered and processed a request from the State University of New York (Buffalo State College regarding their desire to build and operate a new two story approximately 75,000 square foot Burchfield- Penney Art Center /museum building on a parcel of land comprised of approximately 4.9 acres in the vicinity of the southeast comer of Elmwood Avenue and Rockwell Road in Buffalo. Said 4.9 acres of land are subject to certain title reverter and restriction rights in favor of the City of Buffalo. The reverter and restriction rights in favor of the City of Buffalo would need to be amended in order to permit the 4.9 acres to be used as a new Burchfield - Permey Art Center /museum. The Department of Economic Development, Permit and Inspection Services and the Office of Strategic Planning requests your Honorable Body approve an amendment to the title reverter and restriction rights which the City of Buffalo holds in the said 4.9 acres to permit also the use of the 4.9 acres as a site for the new two story 75,000 square foot Burchfield - Permey Art Center /museum for educational purposes all as set forth in the attached proposed resolution. We also respectfully request that your Honorable Body authorize the Corporation Counsel to prepare the necessary title reversion and restriction amendments in such form and substance so as to properly effectuate the limited amendments as are set forth above and that the Mayor be authorized to execute the same. Mr Bonifacio moved Council President Franczyk and Councilmember Golombek hereby request to be excused from voting on the above item. PASSED AYES - 9 NOES -0 Mr Bonifacio moved That the Common Council hereby approves and authorizes the limited amendment to the City's existing to the reversion and restriction rights over approximately 4.9 acres of land and only in as much as is required to permit use of the subject land for museum and educational purposes by the State University of New York including use as a new two story approximately 75,000 square foot Burchfield Penny Art Center Museum and the Corporation Counsel is hereby authorized to prepare the necessary documents to effectuate this approval and the mayor is authorized to execute the same. PASSED, AYES - 7 NOES -0 No. 32 Food Store License 230 Lexington (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 230 Lexington 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. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 6, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Michael King, located at 230 Lexington. PASSED AYES — 9 NOES —0 NO. 33 Used Car Dealer 1992 Niagara Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1992 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Deborah Darnley The attached thereto for Deborah Darnley d /b /a Family Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 6, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Deborah Darnley d /b /a Family Auto Sales, located at 1992 Niagara Street. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 34 REQUEST APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS RACHELLE MALEK DIV. OF INV. & STORES AFSCME LOCAL 660 Honorable Body: Rachelle Malek, a Clerk in the Division of Inventory & Stores was on Worker's Compensation from 11/12/2005 to 05/02/2006(122 days). Pursuant to the City Ordinance, Chapter 35, Article VI, Sec. 22, each employee is entitled to a difference in pay allowance under provision of the Workers Compensation Law for a period not to exceed 6 months. Therefore, Ms. Malek is entitled to a difference in pay as follows: The regular salary for 10 days: $1066.40 Minus: Federal Income Tax: 64.44; NYS Income Tax: 18.37;FICA: 62.81; Medicare: 14.69; = 906.62/10 = $90.66 Adjusted Daily Rate. 90.66' 122 days = $11060.76. Rachelle was paid $4688.27 in Compensation for the period of 11/12/2005 to 05/02/2006 and wages of 2667.33 leaving a Difference in Pay balance of $3614.51 1 request that Your Honorable Body authorize Payroll Audit to process payment for Difference in Pay to Rachelle Malek in the amount of $3614.51. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2006 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Rachelle Malek, Clerk, in the Division of Inventory & Stores in the amount of $3,614.51 for difference in pay allowance under the provisions of the Workers' Compensation Law from 11 /12/2005 to 5/2/2006. PASSED AYES - 9 NOES -0 01[61W161 PURCHASE OF DUNCAN EMM MECHANISMS The Division of Parking Enforcement is requesting to purchase remanufactured Duncan EMM Mechanisms instead of purchasing the new model 2100 offered by Duncan. The Duncan EMM is a discontinued item that Duncan can no longer provide, aQity, Inc. is the exclusive representative for Duncan single space meters for the City of Buffalo. Although Duncan no longer offers the EMM model of mechanism and does not provide parts or remanufacture mechanisms, aQity, Inc. has inventory available and can provide remanufactured EMM mechanisms to satisfy our requirements. The Division of Parking Enforcement will be purchasing these meter mechanisms for $85.00 each, reconditioned, as opposed to purchasing the Duncan model 2100 at a cost of $149.00 per mechanism. This will give us almost two for one by purchasing the reconditioned Duncan EMM mechanism as opposed to the new model 2100. Since we are in the process of converting our single head meters to pay and display stations it is more cost effective to purchase the EMM mechanisms than the newer Model 2100 mechs. We are requesting your permission to authorize the waiver of formal bidding procedures that the purchase division would normally take, and consider this vendor a sole source supplier. Permission is also requested, as these meter mechanisms will be remanufactured. It is essential to our revenues that we obtain and fix the meter mechanisms as soon as possible. We are asking Your Honorable Body's approval so that these meter mechanisms can be shipped the week of September 18, 2006. If we were to purchase the newer mechanisms there would be a six to eight week delivery time. Mr. Bonifacio moved: That the above communication from the Commissioner of Administration, Finance & Urban Affairs dated September 15, 2006, be received and filed; and That the Department of Administration, Finance & Urban Affairs, be, and hereby is authorized to purchase remanufactured Duncan EMM Mechanisms for $85.00 each in accordance with its standardization of meters and parts authority as previously granted by the Common Council pursuant to Item No. 67, C.C.P., December 26, 1989 and Item No. 156, C.C.P., January 16, 1990. The Common Council hereby acknowledges that Duncan EMM Mechanisms is a sole source provider. PASSED AYES - 9 NOES -0 FROM THE CITY CLERK NO. 36 HAZARDOUS CONDITION 130 MORTIMER STREET ITEM # 83 CCP SEPTEMBER 5, 2006 Attached please find a copy of the filing report regarding the alleged hazardous condition at 130 Mortimer St. The City Clerk's Office has forwarded the same to the appropriate departments for their attention. As of this notice the City Clerk's Office has not received a reply with regard to the matter. See attached Respectfully, RECEIVED AND FILED NO. 37 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 3053 Main St 3053 Main St Robert G Duke Jr 3148 Main St Mojo's Heise Development LLC 1435 Hertel Empire Grill Ace Rangers II Inc 454 Pearl St Michalinas Bistro & Martini Bar Inc Erie Op 534 Elmwood Off the Wall Brandon M Chase (Renewal) RECEIVED AND FILED NO. 38 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive P. Grzebielucha -Strat Plan - Common Council -City Clerk Wendy Nobile Police -C. Meredith RECEIVED AND FILED. NO. 39 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: X Buffalo Sewer Authority 9/6/2006 RECEIVED AND FILED. NO. 40 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective August 25, 2006 in the Department of Common Council, Division of Common Council South District to the Position of Intern VI, Seasonal, Non Competitive at the Flat Starting Salary of $10.00 /hr Jennifer Westerholt, 66 Susan Lane, Buffalo, New York 14220 CERTIFICATE OF APPOINTMENT Appointment effective July 24, 2006 in the Department of Common Council, Division of Common Council University District to the Position of Intern IV, Seasonal, Non Competitive at the Flat Starting Salary of $6.75/hr Phylicia R. Thomas, 154 Berkshire Avenue, Buffalo, NY 14215 NO. 41 APPOINTMENTS TEMPORARY, PROVISIONAL OR PERMANENT I Transmit herewith Appointments in the Various Departments made at the minimum, (Temporary, Provisional, Permanent)(as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment effective September 11, 2006 in the Department of Administration, Finance & Urban Affairs, Division of Parking Enforcement to the position of Parking Meter Coin Collector (Part -time) PERMANENT APPOINTMENT at the minimum starting salary of $9.00 /hr Daniel Masiello, 24 Henley Road, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: August 29, 2006 in the Department of Human Resources, Division of Compensation and Benefits to the Position of Workers Compensation Analyst, Provisional Appointment at the minimum Starting Salary of $33,830.00 Valerie Crespo, 421 Baynes, Buffalo, NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 42 RE: 260 ALLEN STREET RESTRICTED USE PERMIT Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held September 19,2006. Thank you in advance for your assistance in this matter. Re: Regular Business Meeting, #982, section E, New Business, #15 Joseph Leone, 260 Allen Street To whom it may concern: The Days Park Block Club has strong reservations about allowing the Restricted Use Permit to be changed to allow for restaurant development at 260 Allen Street, currently a 'retail only' location. We are primarily concerned with the planned application for a full liquor license at that property. Currently there are five existing bars, one liquor store and a market which sells beer within two blocks of our street. The problem with 260 Allen St. is that the building actually sits right at the entrance to Days Park and is in effect part of Days Park, a residential community of homes with an elementary school. Residents have invested heavily in their properties and in renovating their homes. There is already a substantial bar district on Alien St. without having it infringe into Days Park itself. Although, the storefront is now vacant, it does not appear to the majority of our Block Club to be the 'best' use for that location. Following a Days Park Block Club meeting on the evening of September 11, 2006 the consensus of the DPBC is to ask that the request for a change of use permit to allow for a restaurant with a liquor license be denied. If you have any questions, please do not hesitate to call me, 868 -8029. Sincerely, Deborah Ellis Days Park Block Club, President REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 OLD 1ST WARD COMMUNITY CENTER NEIGHBORHOOD FOOD PANTRY 62 REPUBLIC Dear Councilmen and Women I am writing regarding the lease for the space occupied by the Neighborhood Food Pantry at 62 Republic Street, Buffalo, NY 14204. This lease was recently put up for renewal by the Common Council for a 5 year term. The director of the Neighborhood Food Pantry is currently under investigation for wrongdoing, and the Food Bank of Western New York has closed the pantry for business. In light of these events, I am asking that the City of Buffalo rescind this lease and allow the Old First Ward Community Association the use of this space. This action will allow the Old First Ward Community Association to assume food pantry services immediately using these facilities. The Old First Ward is in good standing with the Food Bank of WNY and has the necessary accreditations to operate such a program on an interim basis. As a founding member of the Buffalo Community Center Collaborative, we at the Old First Ward are committed to a high standard of integrity and accountability in service organizations. It has been a great concern to find that a service operating from the same location is not meeting those standards. While in most cases it would be appropriate for a larger organization to give technical assistance in these matters, the director of the Neighborhood Food Pantry has made it very clear that they have no interest in such assistance. The plan would be to resume feeding the needy immediately, while acting as an agent to help recruit a community board for proper oversight of this very necessary service. Please help us make sure that the needy of our city continue to have necessary services, while helping us maintain integrity and high standards in our community. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 44 260 ALLEN STREET Attached available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 NORTH PEARL STREET BLOCK CLUB COMPLAINTS ALLEN ST Councilman Brian Davis Ellicott District City Hall Buffalo, NY 14202 Dear Councilman Davis: We have been having some major issues this summer with some Allen Street businesses, i.e., Cathode Ray (26 Allen Street), Q (44 Allen Street) and Adonias (20 Allen Street). All 3 of these buildings are owned by the same two individuals who actually also own and operate Cathode Ray. The other two bars are leased from the owners. Years ago this Block Club succeeded in getting Cathode Ray's (26 Allen Street) permit for an outdoor patio turned down. We knew at the time that they were not going to serve food on the patio and it would be used strictly for drinking. For the residents on the block this seemed especially annoying as the patio was going to be located on North Pearl Street instead of Allen Street, the commercial side of the business. While driving around the city, we have noticed that there are no other "bar" patios placed on residential streets. They have all been on the commercial side of the establishments. We are interested in finding out how the owners have increased the size of their patio every year and this year were able to put a larger awning over it. This awning is attached to the building and the patrons are using it as a smoking patio. It is our understanding that if the awning is attached, it is illegal to smoke under it. Also they owners this year put their flower boxes on the outside of the patio, thus enlarging it further. In previous years, the flower boxes were on the inside of the patio. Furthermore, the patio is used daily until 4:00 a.m. The noise from this patio is keeping residents on North Pearl Street awake most nights. Although there have been many 911 calls about the noise level, this is a low priority call and is seldom taken care o£ When residents have approached the owners about the noise, they have done nothing about it. Adonias, 20 Allen Street, has a backyard patio that also faces North Pearl Street. The noise from this bar is as bad if not worse than the noise from Cathode Ray. Adonis has loud music at night inside the bar but leaves their back doors open so that it spills out on the patio. This on top of the patrons screaming is intolerable. There is also an echo effect which bounces of the parking lot which enters from North Pearl. Q, 44 Allen Street, was fought against two years ago for a backyard patio and again we won. At that time they were told to reapply with proper plans and have not. The building at 46 Allen Street is vacant and Q has taken it upon themselves to remove the fence that was between the two properties to enclose a side patio (without a permit). They are also using the front of this building as a parking area for their patrons. We have recently found out that 46 Allen Street if up for sale. A prospective buyer will not be interested with their driveway used and their side easement being used as a patio. The patrons of this bar have been seen by residents of North Pearl using the front steps of 46 Allen to do drugs. They have also been seen littering and doing drugs in the back yards of homes on North Pearl near the comer of Allen. As homeowners on this block, we are very concerned about the decay of our quality of life that these three bars are providing us. We have shown a lot of improvement in our block in the past number of years, collectively residents have spent approximately $1,000,000 in refurbishing these homes, and are saddened by the issues that are being thrown at us. We would like to see some changes in the legal issues of these concerns: 1) Bar patio permits should be renewed every year and residents near the establishments should be made aware of the permit hearings. 2) Residential streets should not be used for patios for such establishments, including backyards of those establishments that face the residential street. 3) Any patio that is within 500 feet of a residence should be closed at 11:00 p.m. or earlier and be under the same noise ordinances as everyone else. Thank you for your time and I look forward to your reply to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE COMMISSIONER OF POLICE PETITIONS NO. 46 M. MANCUSO, AGENT, USE 1001 MAIN STREET - GROUND SIGN (ELL) (HRG. 9/26) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 47 J. MANNO, AGENT, USE 3144 AKA 3148 MAIN - OUTDOOR PATIOS /ACCESSORY (UNIV) (HRG. 9/26) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 48 D. PAWLIK, AGENT, USE 658 OHIO - WAREHOUSE ADDITION (SOUTH) (HRG. 9/26) REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 49 B. KUFEL, AGENT, USE 260 EGGERT- GROUND SIGN (UNIV) (PHONE #) (913- 1751); (893 -8112) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 50 K. MOSGELLER & OTHERS NORTH PEARL BLOCK CLUB - CONCERNS ALLEN ST BUSINESS We are aware of growing efforts city -wide to improve the quality of life for all Buffalo residents. The North Pearl Block Club applauds these efforts and presents the following issue as part of that attempt to build a greater Buffalo We, the undersigned residents, are concerned with noise and loud music issuing from commercial patios adjacent to residential neighborhoods. In particular, the following properties with commercial patios affect our homes: Roxy's (884 Main Street) Ms. Kitty's (948 Main Street) New Establishment recently leased (16 Allen Street) Adonia's (20 Allen Street) Cathode Ray (26 Allen Street) It is neither our goal nor desire to eliminate any of these patios as we recognize the value they bring to the various commercial enterprises and the positive role they can play in building an urban street life. We simply request they accept their responsibility as good neighbors in our community and comply with existing noise and operating regulations. If voluntary compliance with operational and noise ordinances does not occur, we request the appropriate city agencies and law enforcement officials direct their representatives to take whatever action is necessary to bring about compliance. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE COMMISSIONER OF POLICE NO. 51 OPPOSITION TO 511 ORDINANCE J. Lindelow & Others Attached petition available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON)\ NO. 52 APPT.- DETECTIVE SERGEANT (PERM) (MAX) (POL) (#32,7/26) That the above item be, and the same hereby is received and filed. ADOPTED NO. 53 APPT DETECTIVE (CONT PERM) (MAX)(POL) ( #33,7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 54 APPT.- DETECTIVE (MAX) (POL) (#44,9/6) That the above item be, and the same hereby is received and filed. ADOPTED 01 [em�1 APPOINTMENT ASSISTANT CORPORATION COUNSEL II (MAX) (LAW) (ITEM NO. 40 -JULY 25, 2006) That Communication 40, July 25, 2006 be received and filed and the temporary appointment of Eileen Fleming stated above at the maximum starting salary of $69,357.00 effective on July 10, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 56 APPOINTMENT COMBUSTION INSPECTOR (MAX) (EDPI) (ITEM NO. 63 -SEPT. 5, 2006) That Communication 63, September 5, 2006 be received and filed and the permanent appointment of Mark Blake stated above at the maximum starting salary of $42,289.00 effective on August 28, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 57 APPOINTMENT PKG. ENF. OFFICER (INTER #2) (AFUI) (ITEM NO. 54 -JULY 25, 2006) That Communication 54, July 25, 2006 be received and filed and the permanent appointment of Ronald J. Christopher II stated above at the intermediate starting salary of $26,504.00 effective on July 17, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 58 APPOINTMENT ADMINISTRATIVE ASST. (MAX) (AFUI) (ITEM NO. 65 -SEPT. 5, 2006) That Communication 65, Sept. 5, 2006 be received and filed and the permanent appointment of Geraldine M. Kaczmarz stated above at the maximum starting salary of $38,584.00 effective on August 7, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 59 APPOINTMENT LABORER II (INTER) (AFUI) (ITEM NO. 66 -SEPT. 5, 2006) That Communication 66, Sept. 5, 2006 be received and filed and the permanent appointment of Carmine Marinaceio stated above at the intermediate starting salary of $26,832.00 effective on July 24, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 60 APPT. -SECY. TO COMM. OF HUMAN RESOURCES (HR) ( #58, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 61 APPOINTMENT SENIOR RATE CLERK (INTER) (PW) (ITEM NO. 39 -SEPT. 5, 2006) That Communication 39, Sept. 5, 2006 be received and filed and the intermediate appointment of Donna Michalics stated above at the intermediate starting salary of $30,267.00 effective on August 28, 2006 is hereby approved. PASSED AYES - 9 NOES -0 NO. 62 APPT.- DIRECTOR OF RECREATION (MAX) (COMM. SVS. /REC. PROG.) ( #67, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 63 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) ( #78, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 64 NOTICES OFAPPT.- TEMP. /PROV. /PERM. (C. CLK.) (SALTER) ( #79, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 65 DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS - KEITH PARKER (ITEM NO. 53, C.C.P., JULY 25, 2006) That the Comptroller be, and he hereby is authorized to pay Keith Parker, Laborer I I - in the Division of Inventory & Stores in the amount of $3,519.93 for difference in pay allowance under the provisions of the Workers' Compensation Law from 12/26/2005 to the present for a period not to exceed six (6) months. PASSED AYES - 9 NOES -0 FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 66 FULTON ST. AREA SEWER LINE USE (BSA) ( #59, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 67 J. ROZANSKI -SALE OF FULTON ST. (#84,7/26) That the above item be, and the same hereby is received and filed. ADOPTED NO. 68 C. VAN NESS - OPPOSE SALE /TRANSFER OF FULTON ST. FOR USE OF CASINO ( #87, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 69 TRANSFER VARIOUS PROPERTIES TO THE BUFFALO BOARD OF EDUCATION (ITEM NO. 6, C.C.P., JULY 25, 2006) That the City of Buffalo transfer 1267 Fillmore, 25 & 31 Fougeron, 770 Northampton, 72 & 76 Peach, 836 & 844 South Park to the Buffalo Board of Education. That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 70 B. DAVIS -C. WILKINS -REQ. CHANGE OF LOTS - JEFFERSON AVE. -FIRST CALVERY MISS. BAPTIST CHURCH (ASSESS /TAX) (#14,7/26) That the above item be, and the same hereby is received and filed. ADOPTED NO. 71 COMPLAINTS -TOSH COLLINS COMM. CTR. (SOUTH) (PW) ( #25, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 72 QUALITY OF LIFE ISSUES (POL) ( #3 L, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 73 CITY OWNED VEHICLE INSCRIPTION - BFLO. FIRE DEPT. - SECTION 348 OF THE CHARTER (ITEM NO. 36, C.C.P., JULY 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above item be recommitted to the Committee on Finance ADOPTED NO. 74 USE OF THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY COB ( STRAT. PLAN.) ( #12, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 75 USE OF THE "SEGWAY TRANSPORTER" (COMPT) ( #16, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 76 USE OF THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY COB (ASSESS /TAX) ( #20, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 77 USE OF THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY COB (AFUI) ( #64, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 78 REQ. INDIVIDUALS OR ENTITIES LOCATED OUTSIDE OF THE STATE OF NEW YORK WHO PURCHASE CITY - OWNED PROPERTIES - SECURE A BOND WITH THE COB (EXT. FIN. RES.) (#130,3/21) That the above item be, and the same hereby is received and filed. ADOPTED NO. 79 M. GAINER -BFLO. YOUTH CORPS -REQ. SPONSORSHIP FOR 10 YOUTH - SUMMER JOB TRAINING PROGRAM (#47, 6/27) That the above item be, and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 80 LANDMARK DESIGNATION - THE PARK LANE CONDOMINIUM - 33 GATES CIRCLE (ITEM NO. 2, C.C.P., JULY 25, 2006) That after the public hearing held before the Committee on Legislation on September 12, 2006, The Park Lane Condominium, 33 Gates Circle be, designated as a local historic landmark, pursuant to Article 1 /1, Section 337 -7 through 8 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Code (Chapter 337 -7 through 8 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; 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. 81 J. GOETZ, PETITION TO USE 244 ALLEN (A/K /A 242, 244 & 246 ALLEN) SIT -IN RESTAURANT (ITEM NO. 100, C.C.P., SEPT. 5, 2006) Mr. Fontana moved: That the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 82 M. SANDERS, PETITION TO USE 224 ALLEN - SIT -IN RESTAURANT AND OUTDOOR PATIO (ITEM NO. 101, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 83 M. BURNS, PETITION TO USE 3 CITY LINE SOUTH, RAIL CAR STORAGE AND REPAIR BUILDING (ITEM NO. 91, C.C.P., JULY 25, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of M. Bums, agent, for permission to use 3 City Line South, to erect a 1 story 90' by 36' by 23' high post and beam rail car storage and repair building be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 84 M. JOHNSON, PETITION TO USE 540 GENESEE - FREE STANDING SIGN (ITEM NO. 92, C.C.P., JULY 25, 2006) That the petition of M. Johnson, agent, for permission to use 540 Genesee for a 72" wide, 3' high with a 1' center projection, 3 ' above ground sign be, and hereby is approved. PASSED. AYES -9. NOES -0 NO. 85 J. ZUEFLE, PETITION TO USE 517 WASHINGTON- OUTDOOR PATIO (ITEM NO. 74, CCP, MAY 16, 2006) (ITEM NO. 124, CCP, JULY 25, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of J. Zuefle, agent, for permission to use 517 Washington for an outdoor patio 5' x 14' in front of a masonry bar be, and hereby is approved with the following conditions: No outdoor music or amplified devices. No food or beverages permitted on patio. Patio and surrounding area must be clear of any debris no later than 7:00 a.m. after each night of business. Bands performing at said premises shall not tune, play or rehearse outside of establishment at any time. PASSED AYES -9. NOES -0. NO. 86 M. HERNANDEZ, PETITION TO USE 549 NIAGARA STREET - SIDEWALK CARE (ITEM NO. 105, C.C.P., SEPT. 5, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of M. Hernandez, agent, for permission to use 549 Niagara Street for a sidewalk care be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 87 M. WARD, PETITION TO USE 2677 DELAWARE - GROUND SIGN (ITEM NO. 106, C.C.P., SEP. 5, 2006) That the petition of M. Ward, agent, for permission to use 2677 Delaware for a 6' x 6.5' with a changeable copy sign, and an overall height to be 11' by 6" sign be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 88 J. CAMACHO, PETITION TO USE 3160 MAIN STREET - ENCLOSED OUTDOOR PATIO (ITEM NO. 107, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of J. Camacho, agent, for permission to use 3160 Main Street to install an outdoor patio 8' x 28' onto the right of way in front of the existing tavern enclosed by a 3' high wrought iron railing be, and hereby is approved. PASSED. AYES -9. NOES -0. NO. 89 LOCAL LAW INTRO# 14 (2006)- VACANCIES IN THE COMMON COUNCIL ( #133, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 90 ORDINANCE AMENDMENT - CHAPTER 168 - ENVIRONMENTAL REVIEW (ITEM NO. 111, C.C.P., SEPT. 5, 2006) That after the hearing before the Committee on Legislation on September 12, 2006, the Ordinance Amendment as contained in Item No. 111, C.C.P., September 5, 2006, be and the same hereby is approved. PASSED. AYES -9. NOES -0. NO. 91 MUNICIPAL CODE VIOLATIONS REPORT ( #39, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 92 SECONDHAND DEALER - 3079 BAILEY AVENUE (ITEM NO. 55, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Charles Smithgall d /b /a SEI /Aarons located at 3079 Bailey Avenue. PASSED. AYES -9. NOES -0. NO. 93 USED CAR DEALER - 227 PADEREWSKI (ITEM NO. 40, C.C.P., MAY 16, 2006) (ITEM NO. 141, C.C.P., JULY 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant the Commissioner of Permit & Inspection Services be, and he hereby is authorized to deny a Used Car Dealer License to Jerome Skulski, d /b /a JW Skulski Showroom & Used Car located at 227 Paderewski. DENY NO. 94 RUN BUFFALO INC. - WAIVER OF DEMOLITION PERMITS - 1106 GENESEE, 836 SYCAMORE AND 182 WILSON STREETS (ITEM NO. 119, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Common Council be, and they hereby are authorized to grant a waiver of demolition permit fees be granted to RUN Buffalo for their demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets; and That a waiver of performance bonds be granted to RUN Buffalo for their demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets. PASSED. AYES- FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, THOMPSON -7. NOES- BONIFACIO, DAVIS -2. NO. 95 L. KELLY -REQ. DEMO.-71 & 73 LOUISIANA (ECPI) ( #53, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 96 G. HOPKINS -REQ. DECREASE /DISCOUNT IN TAXI RATES ( #88, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 97 P. KRANCZYK -FAQ ON TAXICAB SERVICE ( #82, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 98 PETITION TO REQUEST STOP SIGN - DEERFIELD & FERNHILL AVENUES (ITEM NO. 108, C.C.P., SEPT. 5, 2006) That the petition of the Fernhill Block Club requesting that a stop sign be placed on Deerfield Avenue at the intersection of Femhill Avenue be accepted. ADOPTED. NO. 99 REQUEST GLENWOOD AVENUE TRAILBLAZER SIGNS "REV. JAMES T. HEMPHILL" (ITEM NO. 187, C.C.P., JULY 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 100 REQUEST LEROY AVENUE TRAILBLAZER SIGNS "BISHOP GLENWOOD H. YOUNG, SR." (ITEM NO. 188, C.C.P., JULY 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the Committee on Legislation. ADOPTED NO. 101 NEXTG NETWORKS - APPROVAL TO ACCESS CITY RIGHT OF WAY FOR THE PROVISIONS OF TELECOMMUNICATIONS SERVICES (ITEM NO. 34, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the City of Buffalo is hereby in receipt of NextG's application for a right of way use agreement and that the Department of Public Works, Parks and Streets, Office of Telecommunications Utilities and Franchises is hereby authorized to negotiate a right of way use agreement with NextG and that a final agreement be filed with the Common Council prior to being executed. PASSED. AYES -9. NOES -0. NO. 102 PROP. ORD. AMENDMENT - CHAPTER 372 BOUNCER LAW (POL) ( #27, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 103 PROP. AMENDMENT TO CHAPTER 372 BOUNCER LAW (ECPI) ( #30, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED No. 104 Bouncer Law (C. Clk.) ( #37, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 105 Ord. Amend - Chapter 372 Bouncer Law (# 106, 6/27) That the above item be, and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (Joseph Golombek Jr., Chairman) No. 106 Req. Appr. Prop. Amendment to LDA -1106 Genesee, 836 Sycamore & 182 Wilson Street (CCP# 116- 9/5/06) (Hrg. 9/19) That the above item has been sent to the Common Council without recommendation. Joseph Golombek Jr. Community Development Committee Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mr. Bonifacio, seconded by Mr Fontana , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Sandra Nasca, St. Planning, Richard Tobe Comm of Ec Dev, Permits License Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Fontana CARRIED Mr. Golombek moved: That after a public hearing on September 19, 2006, the Common Council does hereby approve the terms contained n Contract for the Sale of Private Redevelopment ", pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title 1106 Genesee, 836 Sycamore and 182 Wilson Streets are determined to be satisfactory and all other conditions as listed in Item No. 116, C.C.P., September 5, 2006. PASSED AYES — 8 NOES -1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON —8 NOES — DAVIS -1 NO. 107 Amend LDA for 1106 Genesee, 836 Sycamore and 182 Wilson Streets ( Strat. Planning) (Item No. 7, C.C.P., Sept. 5, 2006) That after a public hearing on September 19, 2006, the Common Council does hereby approve the terms contained in "Contract for the Sale of Private Redevelopment ", pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice - Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or other legal entity to be formed, which is the proposed Agreement for the transfer of title 1106 Genesee, 836 Sycamore and 182 Wilson Streets are determined to be satisfactory and all other conditions as listed in Item Nos. 7 and 116, C.C.P., September 5, 2006. PASSED AYES 8 — NOES —1 AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON —8 NOES — DAVIS -1 NO. 108 Restore NY Comm. Initiatives - Municipal Grant Program (CCP# 118 - 9/5/06) (Hrg. 9/19) That the above item has been sent to the Common Council without recommendation. Joseph Golombek Jr- Community Development Committee Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mr. Bonifacio, seconded by Mr Russell, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Richard Tobe -Comm of Ec Dev, Permits /Inspections Sandra Miller -St Planning, Arthur Robinson, Seneca Babcock Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Thompson CARRIED. Mr. Golombek moved: That the Mayor on behalf of the City of Buffalo be, and he hereby is authorized to execute any and all documentation necessary to apply, accept and administer said grant funding for the Restore NY Communities Initiative. PASSED AYES — 9 NOES 0 NO. 109 BURA's Application to Restore NY Communities Enitlative - Municipal Grant Program ( Strat. Planning) (Item No. 8, C.C.P., Sept. 5, 2006) That after a public hearing, the Common Council does hereby authorize the Mayor on behalf of the City of Buffalo to execute any and all documentation necessary to apply, accept and administer said grant funding for the Restore NY Communities Initiative. PASSED AYES — 9 NOES — 0 NO. 110 St. John's Community Dev. Town House Project - Sale of City Parcels (Item No. 11, C.C.P., Sept. 5, 2006) That the Executive Director, Office of Strategic Planning be, and he hereby is authorized to prepare the required Land Disposition Agreement and deed to St. John's Community Development Corporation or the appropriate Housing Development Fund Corporation in accordance with Section 576 -a of the New York State Private Housing Finance Law. That the Mayor be, and he hereby is authorized to execute the same. PASSED AYES- 9 NOES — 0 NO. 111 R. Heffern- Economics of Gambling- Summary Points ( #75, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 112 M. Kearns -D. Bennett - Effects of Urban Gambling Casino ( #77, 7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 113 Burchfield- Penney Art Center Project (Item No. 110, C.C.P., Sept. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be and the same hereby is received and filed ADOPTED No. 114 R. Tylicki -NFTA ROW Near Starin Avenue (ECPI) ( #61, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED No. 115 M. Kearns -Opp. Comm. Field House Complex (ECPI) ( #51, 9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 116 Results of Negotiations - 755 Best Street (Item No. 5, C.C.P., July 11, 2006) (Item No. 149, C.C.P., July 25, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Golombek moved: That the offer from Mr. August H. Land, Jr. and Mrs. Jepthemenia Land, residing at 49 Meyers Street, in the sum of one thousand and one hundred dollars ($1,100.00) for the purchase of 755 Best Street, be and is hereby accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel 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. 117 J. Golombek -R. Heffem- CACGEC -Opp. Casino ( #50, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 118 J. Golombek -BERC Bd. Of Director's Meeting Summary- 6/21/06 ( #51, 7/11) That the above item be, and the same hereby is received and filed. ADOPTED NO. 119 Putting Marine Drive Apartments on the Tax Rolls ( #131 4/19) That the above item be, and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 120 Appt. of Student Liaison to the Comm. Dev. Committee ( #97 2/21) That the above item be, and the same hereby is received and filed. ADOPTED Ayes — Davis, Fontana, Franczyk, Golombek, Kearns, Locurto, Russell and Thompson —8 Noes — Bonifacio — 1 RESOLUTIONS No. 121 By: Mr. Bonifacio Re: Ordinance Amendment Chapter 611, Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: § 611 -136. Use permit required for human service facilities. A. Legislative findings and intent. It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore necessary to balance the interest of the users of such facilities and the community in general. B. Regulated uses. Effective [July 1, 1995] upon the passage of this article, no public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility established for penal or correctional purposes or similar facilities, in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of this article. C. Application to Zoning Board. Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board a detailed description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period, the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact the nature and character of the area in which the facility is to be based. The applicant shall also submit the information required under this subsection to both the Common Council and the City Planning Board for their review and advisory recommendation, if any. The Zoning Board of Appeals, Common Council, or City Planning Board may also require other information as may reasonably be necessary to ascertain the impact of the proposed facility on public safety, health and welfare. D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The Zoning Board shall consider any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within 120 days after receiving an application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions or deny the application. E. Conditions on approval. In the event of an approval, the Zoning Board may attach such conditions as are necessary or desirable in its judgment to ensure the compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning Board approval. Nothing contained herein shall preclude the Zoning Board from making reasonable accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility. F. Denial of application. The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based would be substantially altered as a result of the establishment of the facility. In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial. G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -year period. H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of operator, tenant or occupant or a change of use. I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is intended to preempt local regulation of site locations as contained in this article. J. Effective date and expiration. This article shall take effect [on July 1, 1995] —, and shall expire on July 1, [2004] 2011. K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD NO. 122 By: Mr. Bonifacio Re: Ordinance Amendment Chapter 387, Signs The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 387 of the Code of the City of Buffalo be amended to read as follows: § 387 -15. Limitation on extension into street; temporary signs No sign within the City shall extend over the exterior street line beyond the curb; nor shall a sign be erected having a greater dimension than 12 feet in a direction at fight angles to the wall of a building; nor shall a sign be erected so that the same extends more than eight feet into the street beyond the exterior street line; provided, however, that temporary signs, nonilluminated except by reflected light of street or building illumination, such as banners or so- called "swinging pictorial displays," etc., shall be permitted to be erected over and across a portion of a street or public highway, except in the area bounded by Exchange Street, the Terrace, Elmwood Avenue, Tupper Street and Washington Street, with the consent of the Common Council, the approval of the Commissioner of Permit and Inspection Services, and upon the filing by the permittee with the Comptroller of a bond or policy of liability insurance protecting the City against loss and damage, claims, liens, proceedings and actions insofar as may be applicable, and listing the City on the bond or policy as "additional insured with respect to the work being done," as provided in Chapter 413, § 413 -9, of the Code. Said bond or policy shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller. Such bond shall be in the sum of $10,000, and such policy of liability insurance shall protect the city against loss in the sum of $100,000 for property damage and not less than $100,000 for injury to one person or $200,000 for injuries to more than one person. If such temporary banner or sign is to be attached to a building or a structure on premises adjacent to the public highway over which such temporary banner or sign is to be erected, the consent of the owner of such building or structure shall be obtained before the erection of the banner or sign is commenced. Banners, temporary signs, or pictorial displays shall be removed by the responsible party when they are torn or otherwise damaged, and /or when they become obsolete. All banners, temporary signs, or pictorial displays shall be removed by the responsible party within forty -five days of approval unless the City of Buffalo authorizes a longer period in accordance with the requirements of this chapter and applicable law. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISLATION. NOTE: Matter underlined is new, matter in brackets is to be deleted No. 123 By: Mr. Bonifacio Request Grant Funding from New York State Canal Corporation to Implement the Erie Canal Greenway Program Whereas: The New York State Canal Corporation is soliciting projects to implement Governor George E. Pataki's vision for an Erie Canal Greenway, first proposed by the Governor in May 2005; and Whereas: The December 2005 report released by the New York State Canal Corporation Interagency Task Force, entitled "Report on the future of New York State Canals" recommended a voluntary, collaborative strategy for providing assistance to communities along all four canals of the New York State Canal System through a canal -wide "greenway" program; and Whereas: Funding for a grant program to implement the vision of the Governor and the recommendation of the Task Force was approved in the 2006 -2007 New York State Budget, and $6 million is now available under four grant categories; and Now Therefore Be It Resolved: That the City of Buffalo supports the creation of a voluntary Erie Canal Greenway as proposed by the Governor and recommended in the Report by the Interagency Task Force based upon six (6) principles, including: (1) waterfront public access, (2) tourism, (3) recreational development, (4) natural and cultural resource protection, (5) local and regional planning, and (6) economic revitalization; and Be It Further Resolved: That the City of Buffalo supports the submission of an application for funding from the New York State Canal Corporation through the Erie Canal Greenway Grant Program in the amount of $250,000 for the project entitled "Broderiek Park Restoration." ADOPTED No. 124 By: Mr. Fontana RE: Waive License and Permit Fees - Habitat for Humanity of Buffalo Whereas: Habitat for Humanity has an excellent reputation as a not - for - profit housing organization; and Whereas: Their volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our communities; and Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo waive all license and permit fees for 2006 -2007; and Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City" neighborhoods. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo waives all 2006 -2007 housing and construction license and permit fees for Habitat for Humanity of Buffalo in order to promote the goal of increasing home ownership. PASSED AYES — 9 NOES — 0 yA�iI:a9:7_1► owed :/ NO. 125 RE: CRIME IN BMHA PROJECTS WHEREAS: In 2005 the Buffalo Municipal Housing Authority ceased funding for the Buffalo Municipal Housing Authority police; and, WHEREAS: The removal of at least twenty -six BMHA officers dedicated solely to protecting tenants and property in the BMHA system forced those duties on a shrinking Buffalo Police force; and, WHEREAS: Crime and murder are up in Buffalo, putting a further strain on the Buffalo Police Department, which must respond t problems in the large BMHA system previously handled by the BMHA Police; and, WHEREAS: The Common Council stood in opposition to the dissolution of the Housing Authority police because it recognized that the BMI -IA police were better acquainted with problems in the BMHA system than the Buffalo Police Department, which has the responsibility for the entire city; and, WHERAS: Residents of the Perry Projects have indicated that criminal activity has increased in their developments since the removal of the BMHA police; and, NOW THEREFORE BE IT RESOLVED: That the Common Council request that the BMHA and Buffalo Police Department report on whether or not crime has risen in the Perry Projects and other BMHA housing and property since the dissolution of the BMI -IA police; and, BE IT FURTHER RESOLVED: That the Council requests that the BMHA and the Buffalo police report on steps being taken to curb the reported rise in crime in BMHA facilities; and, BE IT FURTHER RESOLVED: That the Common Council inquires if there are any plans by the BMHA to restore a BMHA Police force; and, BE IT FINALLY RESOLVED: That this item be sent to the Budget Committee for further consideration. ADOPTED NO. 126 By: Mr. Franczyk Appointments to the Citizen's Planning Council Whereas: On behalf of the Buffalo Common Council, the following four names are submitted and recommended for approval to serve on the Citizens Planning Council: Arthur J. Robinson, Jr. 192 Maurice Street Buffalo, New York 14210 Term ending June 30, 2010 Pamela K. Beal 473 Colvin Avenue Buffalo, New York 14216 Term ending June 30, 2010 Marilyn Rodgers 81 Johnson Park Buffalo, New York 14201 Term ending June 30, 2010 Albert DeBenedetti 54 Philadelphia Street Buffalo, New York 14216 Term ending June 30, 2008 Whereas: The establishment and outline of the Citizens Planning Council shall be carried forth as described in Article 18, Sections 18 -23 through 18 -29 of the City of Buffalo Charter. Now, Therefore, Be It Resolved: That this Common Council hereby approve and designate the above listed names for the terms indicated as members of the Citizens Planning Council. ADOPTED NO. 127 By: Mr. Kearns RE: Legislative Assistant Appointment WHEREAS: I am appointing Kevin M. Linder, who resides at 43 Lovering Avenue, Buffalo, New York as a Legislative Assistant in my office; and WHEREAS: Mr. Linder has previously worked as an intern in the South District Council Office and is quite capable of filling this position; and WHEREAS: Mr. Linder is a graduate of John Carroll University, having received a Bachelor of Science Degree in Business Administration, and is a student at the State University of New York at Buffalo Law School, and is involved in many South District community organizations. NOW THEREFORE BE IT RESOLVED THAT: Kevin M. Linder is appointed as a Legislative Assistant for the South District ADOPTED NO. 128 By: Mr. Kearns Local Law No. (2006) Introductory No. 17(2006) A LOCAL LAW Council BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW: Section 1. That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow: § 3 -6. Vacancies in the Common Council [Amended 8 -22 -2002 by L.L. No. 12 -2002, effective 12 -1 -2002 EN] In the case of a vacancy in the office of district council member, otherwise than by expiration of the term, the remaining members of the council shall appoint a qualified resident of the same political party and district as the council member whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall take office on the first day of January following such general election. Prior to an appointment, the Common Council shall direct the City Clerk to advertise the vacancy for a minimum of five (5) days on the City's Web -site and Public Access Media outlets, and obtain from any qualified resident seeking consideration for appointment, a current resume, a letter requesting appointment to the vacancy. In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her term, the remaining members of the common council shall appoint one of their members to fill such vacancy until the next organizational meeting. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this law shall be controlling. Section 3. Adoption of this local law is subject to mandatory referendum in accordance with Municipal Home Rule Law Section 23. Section 4. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local Law is necessary. APPROVED AS TO FORM S Note: Matter underlined is new, Matter in brackets is to be deleted. PASSED AYES — 9 NOES — 0 NO. 129 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 37 - DEPARTMENT OF WATER 1372 - DISTRIBUTION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to37 - Department of Water, 1372 - Distribution, which currently reads: 4 Heavy Equipment Operator (Water) $ 32,320 - $ 37,516 5 Water Service Worker $ 29,038 - $ 33,350 Is hereby amended to read: 3 Heavy Equipment Operator (Water) $ 32,320- $ 37,516 6 Water Service Worker $ 29,038- $ 33,350 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, STREETS & RECREATION AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 NO. 130 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1121 - ADMINISTRATION & COMMUNICATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1121 - Administration & Communication, which currently reads: 1 Crime Analyst $ 41,174 - $ 48,566 Is hereby amended to read: 2 Crime Analyst $41,174 - $ 48,566 This position is contingent upon the continuation of Project Impact. IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position H. MCCARTHY- GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 NO. 131 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1121 - ADMINISTRATION & COMMUNICATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1121 - Administraton & Communication, which currently reads: 1 Court Liaison Coordinator $ 31,747 - $ 36,745 44 Report Technician $ 27,215 - $ 30,213 Is hereby amended to read: 0 Court Liaison Coordinator $ 31,747 - $ 36,745 45 Report Technician $ 27,215 - $ 30,213 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position H. MCCARTHY- GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED AYES - 9 NOES -0 NO. 132 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1100 - COMMISSIONER OF POLICE The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1100 - Commissioner of Police, which currently reads: 6 Chief $ 84,771 Is hereby amended to read: 7 Chief $ 84,7711 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position H: MCCARTHY- GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE BY: MS. RUSSELL NO. 133 CITY OF BUFFALO LOCAL LAW NO. -- (2006) INTRODUCTORY NO. 16 (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Police BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 13 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: ARTICLE 13 Department Of Police § 13 -7. Chiefs of Police. There shall be [six] seven chiefs of police in the non - competitive class of the civil service, who shall be appointed and removed at the pleasure of the commissioner of police and shall perform such other and additional duties as may, from time to time, be assigned to them by the commissioner of police or a deputy commissioner of police. On the removal, as hereinbefore provided, of a chief of police, who, at the time of appointment as a chief of police was a member of the department of police, he or she shall, before such removal becomes effective, be restored at his or her request to the rank and duty held at the time of appointment. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE BOARD OF EDUCATION NO. 134 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverend Daniel Parks, St Gabriels Church By Councilmember Kearns, Franczyk, and City Clerk Chwalinski ADOPTED 10 DIN 81.1 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Brian Mayo, Claire Carmer Total 2 ADOPTED UNFINISHED BUSINESS NO. 136 LOCAL LAW INTRO. #15 (2006)- VACANCIES IN THE COMMON COUNCIL ( #121 , 9/5) Mr. Bonifacio now moved that the above item be taken from the table. Seconded by Mr. Kearns CARRIED. ADOPTED NO. 137 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, Sept. 26, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, Sept. 26, 2006 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Sept. 26, 2006 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Sept. 26, 2006 at 2:00 o'clock P.M. Special Committees Special Leg. Committee Wednesday, Sept. 20, 2006 at 10:30 o'clock A.M. in Room 1417 City Hall on the Proposed Ordinance for Human Services Facilities. Waterfront Development Wednesday, Sept. 20, 2006 at 11:00 o'clock A.M. in the Council Chambers. 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. 138 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Fontana , the Council adjourned at 3:30 pmt GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #8 OFFICE OF THE MAYOR -201 CITY HALL SEPTEMBER 21, 2006 Present: Byron W. Brown, Mayor; David a. Franczyk, Council President; Anne Forti - Sciarrino, Deputy Comptroller; Alisa A. Lukasiewicz- Corporation Counsel; H. McCarthy Gipson, Commissioner of Police -5. The journal of the last meeting was approved. NO. 1. I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of August & September 2006 amounting to $5,610.00 and $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED AYES -5. NOES -0. NO. 2. 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of August & September 2006 amounting to $6,565.00 and $5,630.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED NO. 3 The following annuitant was cancelled from the Police Pension Fund Payroll: Genevieve A. Staebell Died August 31, 2006 Received and Filed. NO. 4 On motion by Mr. Bellioti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.