The URL can be used to link to this page

Home My WebLink About06-1017 (2)No.19 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 17, 2006 PENSION PROCEEDINGS October 19, 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 CORPORATION PROCEEDINGS INVOCATION - PLEDGE TO FLAG ** *FINAL * ** Change in Contract - Friends to the Elderly, 118 E. Utica St.- Flooring Replacement -Job * *OCTOBER 17,2006*** MAYOR APP 1 -A. State of Emergency R &F 2 -1. Prop. Agree. With Seneca Erie Gaming Corp, Seneca Gaming Corp. & Seneca Nation FIN MAYOR - EXECUTIVE LEG 3 -2. Citizen Services- Citizens' Participation Academy R &F 4 -3. Strat. Plan. -BERC Audited Financial Statements FIN 5 -4. do - Citizens Planning Council R &F 6 -5. do - Contracts for NYS Dept. State -Qual. Comm. Grant Project - "Healthy Increase in Contract - Repair of Streetlights /Knockdowns Group #637-Cont492011004- Infrastructure for Queen City Livability" APP 7 -6. do - Response to L. Grear- Est -Eva Ann Lidge -Deed in Lieu of Foreclosure -150 & 20 -19. 152 Pratt (Ell) FIN, CC 8 -7. do -SEQR Lead Agency Designation -HOZO 26 Housing Development APP MANAGEMENT INFORMATION SYSTEMS Medaille College -Impr. To Baseball Diamond at McCarthy Park 9 -8. Appt.- System Analyst (Inter 42) CS 10 -9. do -do (Inter 43) CS PUBLIC WORKS, PARKS & STREETS Perm. To Hire Eng. Consultant- Continuing G.I.S. Dev. -Phase III Implementation 11 -10. Bids -Abby St. Watermain- (So) APP 12 -11. do - Broadway Garage -Block Heaters/Video Surveillance System -Job 40633- (Ell) APP 13 -12. do - Emerg. Roof Reconst. - Dulski Comm. Ctr. -Job 40659 (Fill) APP 14 -13. Buffalo Water Bd.- Private Water Services R &F 15 -14. Change in Contract - Friends to the Elderly, 118 E. Utica St.- Flooring Replacement -Job 40518 (Masten) APP 16 -15. do - Richmond/Ferry Circle Curb Replacement -2006 — Group 4653 (Niag) APP 17 -16. Encroachment into City ROW -329 Franklin St. LEG 18 -17. Env. Remediation at 1 Howell St. -Req. Access /Lease Agree. On City Owned Parcels (North) APP 19 -18. Increase in Contract - Repair of Streetlights /Knockdowns Group #637-Cont492011004- O'Connell El. APP 20 -19. do - Replacement of Site Specific Sidewalk- 2006 -Group 4655 - Cont 492011136 APP 21 -20. Medaille College -Impr. To Baseball Diamond at McCarthy Park R &F 22 -21. Ord. Amendment 96, Bonds /Contracts - Apprenticeship Program $100,000 Limit LEG 23 -22. Perm. To Hire Eng. Consultant- Continuing G.I.S. Dev. -Phase III Implementation APP 24 -23. Utility Easement Agree. -Natl. Grid for use of 2827 Main St.- School 4200 (Masten) FIN POLICE 25 -24. Ord. Amend. Chapter 16- Finance; Improved Noise Ord. Resolution FIN FIRE 26 -25. Residency Waiver -M. Mazurowski -EMS Coordinator CS 27 -26. Tower Lease Agreement & Related Materials APP CORPORATION COUNSEL 28 -27. General Municipal Law 239 -m- Referral for Casino Related Actions FIN ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS 29 -28. Second Hand Dealer -798 Elmwood (North) APP 30 -29. do -594 Niagara St. (Ell) LEG 31 -30. Used Car Dealer -41 Louisiana St. (Fill) LEG 32 -31. Appt. -Sr. Spec. Asst. to Comm. Of Ec. Dev., Permit & Inspections Services (Max) CS ADMINISTRATION, FINANCE & URBAN AFFAIRS 33 -32. Abandoned Vehicle for City Use APP 34 -33. Grass Cutting Invoice Transfers R &F CITY CLERK CS 35 -34. Notice of Intention -Name George J. Hartman Fields Football Field in honor of "Paul do Fitzpatrick" LEG APP 36 -35. Liquor License Applications R &F 37 -36. Leaves of Absence R &F 38 -37. Notices of Appointments - Council Interns ADOPT 39 -38. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 40 -38A. D. Bonifacio - Scoping Document /Alt. Screening Rpt. -Peace Bridge Expansion Project CD 41 -39. L. C. Ciminelli -Board Packet Documents - 10/2/06 R &F 42 -40. R. Fontana -W. Cole- Bennett-Wells Amer. Legion 41780 -Req. Waiver /Reduction of Fine ADOPT for Trash Rem. FIN, CC, Pw 43 -41. do -N. Blaschak & W. Berry- Comments - Restricted Use Permit LEG 44 -42. D. Franczyk -J. Mascia- Concerns - Marine Drive Apts. WATERFRC 45 -42A. P. Haberstro -Req. Appr. Ext. Of Agreement betw. Wellness Institute & Dept of Public Works FIN, CC 46 -43. R. Judelsohn -Co. of Erie DOH -Prop. Revisions to Sanitary Code R &F 47 -44. C. Rosenow -EC Harbor Dev. Corp.- Transfer of Outer Harbor to ECHDC/ Council Rep. CD 48 -45. R. Shah - Seneca Erie Gaming Corp.- Materials to Assist City in its Review /Approval of Prop. Agree. FIN 49 -46. J. Williams- Oppose Uniland Project at Gates Circle R &F PETITIONS 50 -47. R. Santoro, Agent, Use 75 Hickory - Freestanding Signs (Ell) (No Pub Hrg Req.) LEG, CP BD 51 -47A. P. Smith & O -Req. Traffic Signal /2 Addl. Stop Signs- Corners of Masten/Riley St. LEG, PW RESOLUTIONS 90 -48. Bonifacio Ord. Amend.- Chapter 175 -Fees ( Emerg. Med. Svs. Apparatus /Equip Recovery APP 91 -49. Kearns Identifying All Current /Poss. Future Funding Sources for Hickory Woods Neigh. ADOPT 1 RI 92 -50. Russell Budget /Personnel Amendment - Assessment CS 93 -51. do Prop. Rooftop Antenna Sublease /Gloria J. Parks Comm. Ctr. APP 94 -52. Thompson Req. to Open Up Emerg. Assistance Program to Roofing Repairs CD, EDPI 95 -53. do Req. for Special Public Hrg. On Haz. Materials Transportation (Hrg. 11/13) LEG, EDPI 96 -54. do Felicitations /In Memoriums ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING 82 CIVIL SERVICE B. Davis -North Pearl Street Block Club R &F COMMUNITY DEVELOPMENT 52 -1. Com 14 Oct 3 Appt.- Computer Operator (Inter) (MIS) APP 53 -2. Com 22 Oct 3 Appt.- Account Clerk- Typist (Inter) (PW) APP 54 -3. Com 23 Oct 3 Appt.- Deputy Director of Telecommunications (Max) (PW) R &F 55 -4. Com 25 Oct 3 Appt. -EMS Coordinator (Max) (Fire) R &F 56 -5. Com 38 Oct 3 Appt.- Administrator of Treasury & Collections (Max) (AFUA) R &F 57 -6. Com 44 Oct 3 Notices of Appts.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE 58 -7. Com 26 Oct 3 Re- Examine Agree. Betw. COB & EC -Parks & Forestry (Law) R &F 59 -8. No 48 Oct 3 B. Davis - Proposal for Fire Promotional Examinations R &F 60 -9. No 49 Oct 3 B. Davis -J. McReynolds - Problems with Polling Places R &F 61 -10. No 84 Oct 3 Bids -City Wide Sidewalk Replacement -2006 Group 4658 ( 48,9/19) (PW) RECOMMIT 62 -11. Com 3 July 11 Abandonment/Sale Portion of Fulton Street (Fillmore) TABLED 63 -12. Com 3 July 25 Abandonment/Sale of Portion of Fulton St. (Fillmore) (Plan Bd.) TABLED 64 -13. Com 18 Sept 5 Lead Agency Status - SEQRA Solicitation - Fulton Street Project (CP) TABLED 65 -14. Com 30 July 25 SEQRA Abandonment/Sale of Portion of Fulton St. (PW) TABLED 66 -15. No 86 Sept 5 A.Eszak -EC -Gen. Municipal Law 239m Referral for Casino Related Actions RECOMMIT 67 -16. Com 69 Sept 5 Contract for Fire Promotional Exams (HR) RECOMMIT LEGISLATION 68 -17. No 63 Oct 3 K. Olson, Agt., Use 1860 Seneca St.- Internet Caf6 /Sales (So) (Hrg. 10 /10) APP 69 -18. No 64 Oct 3 C. Schmitter, Agt., Use 1209 Hertel Ave. - Winery (Del) (Hrg. 10 /10) APP 70 -19. No 67 Oct 3 R. Santoro, Agt., Use 847 Main - Ground Sign (Ell) (No Pub Hrg Req) APP 71 -20. No 69 Oct 3 J. Kawczynski, Agt., Use 976 Broadway- Ground Sign (Fill) (No Pub Hrg Req) APP 72 -21. No 113 Oct 3 R. Sasala, Agt., Use 253 Allen- Sit -In Rest. /Outdoor Caf6 (Ell) ( 490,7/25) (Hrg. 9/12) R &F 73 -22. No 119 Oct 3 Ord. Amend.- Chapter 372, Bouncer Law (Bouncer Law of 2006)( 4112.9 /5) RECOMMIT 74 -23. Com 29 Oct 3 Rest. Dance License (Renewal) -533 Amherst St. (North) (EDPI) APP 75 -24. No 43 May 2 R.Fontana -Ell. Dev. Co.- Amendment -Urb. Ren. Plan -S. Division, Swan & Michigan Ave. RECOMMIT 76 -25. No 50 June 27 L. Kelly -Req Demo -71 & 73 Louisiana R &F 77 -26. No 139 July 25 Food Store License -900 Main ( 496,5/2)( 4105,3/21)( 441,10/18) (Ell) (Permit/Insp.)_R &F 78 -27. No 140 July 25 Food Store License -357 Swan ( 484,11/1)( 442,10/18) (Ell) (Permits /Insp.) R &F 79 -28. No 82 Sept 5 B. Davis -North Pearl Street Block Club R &F COMMUNITY DEVELOPMENT 80 -29. Res 115 May 2 Seneca Nation Gaming Corporation R &F 81 -30. Com 25 Jan 10 Seneca Buffalo Creek Casino -ROW Improvements (PW) R &F 82 -31. Res 125 Oct 4 Learning from the Niagara Falls Casino Experience (Exc. 3 d Res.) R &F 83 -32. No 119 Apr 4 Limiting the Amount of Sovereign Land for a Buffalo Casino (2 Res. Only) ( 4109,3/7) R &F 84 -33. Res 126 June 13 Req. Seneca Nation of Indians Complete Full Env. Assess. Form Part 1 for Prop. Buffalo Creek Casino R &F 85 -34. No 74 July 25 R. Heffern- Reasons Why Opposing Casino R &F 86 -35. No 95 Sept 5 B. Snyder- Seneca Nation of Indians - Info.- Casino R &F 87 -36. No 76 July 25 M. Kearns - Artvoice Article -S. Siegel- Info.- Seneca Gaming Corp. R &F 88 -37. No 93 July 25 M. Kearns -D. Flood & O -Opp. Comm. Field House Complex R &F 89 -38. Com 10 May 2 Results of Negotiations -3300 Bailey (Univ) (Strat. Plan.) R &F FROM THE MAYOR NO. 1 A STATE OF EMERGENCY IS HEREBY DECLARED IN THE CITY OF BUFFALO EFFECTIVE AT 04:30 AM ON 10/13/06. This State of Emergency has been declared due to hazardous conditions caused by weather. This situation threatens the public safety. This State of Emergency will remain in effect until rescinded by a subsequent order. As the Mayor of the city of Buffalo, I, Byron W. Brown, exercise the authority given, me under section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well- being, and health of the citizens of this City. I hereby direct all departments and agencies of City of Buffalo to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. Byron W. Brown Mayor of Buffalo RECEIVED AND FILED NO. 2 PROPOSED AGREEMENT WITH SENECA ERIE GAMING CORPORATION, SENECA GAMING CORPORATION AND SENECA NATION Enclosed please find for your Honorable Body's consideration the Proposed Agreement between the City of Buffalo and the Seneca Erie Gaming Corporation, Seneca Gaming Corporation and Seneca Nation along with related correspondence. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 3 CITIZENS' PARTICIPATION ACADEMY This is to advise the Honorable Common Council of the creation, implementation and execution of the first Citizens' Participation Academy for the City of Buffalo. The Academy's inaugural session was held on Tuesday, September 26, 2006 and will run for approximately 8 sessions. The Academy will conclude with commencement exercises to be held on Tuesday, November 21, 2006. The inaugural class of the Academy is comprised of 30 participants, representing all Councilmatic districts of the City of Buffalo. Each session affords participants to meet informally with city administrators and officials regarding numerous facets of city government and learn ways in which citizens can access the various services that are offered. For your convenience, attached you will find a summary of the Academy's objectives. We expect to offer this opportunity to City of Buffalo residents, ages 18 and over, twice a year in the fall and spring. Our Spring Session is scheduled to begin on March 27, 2007. Below you will find a list of participants for the Fall 2006 session. Delaware Barbara Franklin, Katherine Jemison, W. Morgan Smith, Tracy Touris, Ryan Walley Ellicott Christopher Brown, Amy Maxwell, Ronnie Speed Fillmore Samuel Herbert, Anita Hines LoveJoy Ralph Fonda, Linda Herbert, Ada Hopson - Clemons, Robert Huggins Masten Sonia Burgin, Valencia Sease, Connie Snell North Michael Beam, Christine Pyne, Jill Schmidle, Janice White Niagara Robert Franke, Tyra Johnson, Ana Leon, Christopher Schmigel, William Sunderlin South Linda Freidenberg University Jacqueline Hall, Debra Jackson, JaHarr Penning RECEIVED AND FILED y :IQ Lri1119a=111115o]yy[d 9:1AIm 3[y »e10 [C] NO. 4 BERC AUDITED FINANCIAL STATEMENTS For your information, enclosed please find the Buffalo Economic Renaissance Corporation's audited financial statement for the period ending May 31, 2006. REFERRED TO THE COMMITTEE ON FINANCE NO. 6 CITIZENS PLANNING COUNCIL Per the request of this honorable body, attached please find a listing of current members of the Citizens Planning Council. RECEIVED AND FILED NO. 6 COMPREHENSIVE AND COMMUNITY PLANNING CONTRACTS FOR THE NEW YORK STATE DEPARTMENT OF STATE QUALITY COMMUNITIES GRANT PROJECT "HEALTHY INFRASTRUCTURE FOR QUEEN CITY LIVABILITY" 218105 (NO. 134), 12113/05 (NO. 7), 9/5/06 (NO. 14) The City of Buffalo has applied for and received a commitment for grant funding totaling $36,500 through the New York State Department of State Quality Communities Program for the "Healthy Infrastructure for Queen City Livability" project (the "Project "). The Project involves an infrastructure analysis, evaluation and improvement plan that will build upon the National American Planning Association award - winning plan, "The Queen City Hub, A Regional Action Plan for Downtown Buffalo." One of the priority issues stated in the Project plan is improving access to and in and around downtown Buffalo. A primary goal of the Project planning effort is to improve pedestrian and bicycle access in downtown Buffalo, which will result in decreased automobile congestion and parking needs, better air quality, improved economic conditions, increased active living, and an overall better quality of life. The Project is a collaborative effort involving several partner organizations including: The Wellness Institute of Greater Buffalo and Western New York, Greater Buffalo- Niagara Regional Transportation Council, Buffalo Place Inc, Buffalo - Niagara Medical Campus, City of Buffalo Office of Strategic Planning, University at Buffalo Geography Department, and the West Village Renaissance Group. Pursuant to the grant funding commitment arrangements, consultant contracts have been prepared between the City of Buffalo and the following Project partners: The Wellness Institute of Greater Buffalo and Western New York (Wellness Institute) - $17,820.00. The Wellness Institute has excellent expertise at bicycle and pedestrian infrastructure analysis, including a recent bike -speed study for the Buffalo Niagara Medical Campus, and will be the lead consultant for the Project. Niagara Frontier Transportation Authority /Greater Buffalo- Niagara Regional Transportation Council (NFTNGBNRTC) - $8,260.00. The GBNRTC has a breadth of transportation related data and will utilize this data in providing GIS mapping services and analysis for the Project. The NFTA will enter into the contract for and on behalf of the GBNRTC, as its legal representative. Jean - Claude Thill, Ph.D. - $1,500.00. Dr. Thill, is a former professor at the University at Buffalo Department of Geography. He has collected very strong accident data for downtown Buffalo and will utilize this data in his analysis and recommendations for Project improvements. I am requesting that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to enter into contracts with the above mentioned partners in order to receive the Quality Communities grant funding. In addition, I am requesting your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation as shall be necessary to facilitate the grant funding; and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation for execution. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 11, 2006, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City of Buffalo to enter into contracts with the above mentioned partners in order to receive the Quality Communities grant funding totaling $36,500. That the Mayor be and he hereby is authorized to execute and process such additional documentation as shall be necessary to facilitate the grant funding; and that the Corporation Counsel be and she hereby is authorized to finalize said contracts and other necessary documentation for execution. PASSED AYES - 8 NOES -0 NO. 7 RESPONSE TO L. GREAR - ESTATE OF EVA ANN LIDGE - DEED IN LIEU OF FORECLOSURE 150 & 152 PRATT Ellicott District ITEM NO. 60, C.C.P. 5/16/06 ITEM NO. 4, C.C.P. 5/30/06 The above items are in reference to a letter submitted by Hogan & Willig, PLLC, Attorney at Law (L. Grear) on behalf of the Estate of Eva Ann Lidge, Deceased, which owns two parcels of land 150 Pratt (lot size: 27 x 61) & 152 Pratt (lot size: 30x61). The Attorney representing the Estate has informed us that their attempts to sell the two parcels of land were not successful and the decedent's surviving spouse does not wish to take title to said properties. The Attorney has also indicated that both properties have outstanding taxes and rather than wait for the foreclosure, the estate is wiling to provide a deed in lieu of foreclosure to convey the parcels to the City of Buffalo. The Department of Assessment has advised this office that all taxes have since been paid and that 150 & 152 Pratt are not scheduled to appear in the next Foreclosure Auction. The Division of Real Estate has referred this matter to the Land Use Planning Committee and they have indicated that the City has no developmental use for said properties. Both parcels are very small and surrounded by mostly commercial properties. We are, therefore, recommending that said item be received and filed. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 8 SEQR LEAD AGENCY DESIGNATION HOZO 26 HOUSING DEVELOPMENT Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "listed Action" for which a coordinated review will be conducted. As per Section 617.6 of the regulations an agency responsible for determining the effect of this project on the environment must be designated from among the involved agencies within 30 calendar days of this letter. The Buffalo Urban Renewal Agency (BURA) proposes to assume the Lead Agency status for this action. The project Environmental Assessment Form is enclosed for your review. If the Council has no objection to the designation of BURA as Lead Agency please inform my office within the 30 day period. Mr. Bonifacio moved: That the Common Council hereby consents to the Buffalo Urban Renewal Agency serving as Lead Agency relative to the HOZO 26 Housing Development Project. PASSED AYES — 8 NOES - 0 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 9 CERTIFICATE OF APPOINTMENT Appointment Effective: August 21, 2006 in the Department of MIS to the Position of System Analyst, Permanent Appointment at the second step of $42,964.00 Francis Honrado, 121 Delsen Court, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 10 CERTIFICATE OF APPOINTMENT Appointment Effective: August 21, 2006 in the Department of MIS to the Position of System Analyst Permanent APPOINTMENT at the Third Step of $44,830.00 Peter Zingorenko, 898 Parkside, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 11 REPORT OF BIDS ABBY STREET WATERMAIN SOUTH Plans and specifications were prepared and sealed proposals accepted for the installation of a new 16 inch watermain on Abby Street. The bids were taken to expedite construction and meet construction deadline schedules for Hydro Air's new facility to be located on Abby Street. I hereby submit the following report of bids which were received and opened in my office at 1100 a.m. on October 12, 2006. Visone Construction $170,430.00 79 Sheldon Avenue Depew, NY 14043 Russo Development, Inc $170,812.16 535 W. Main Street Springville, NY 14141 Mar Wal Construction $180,632.00 440 Gould Avenue Depew, NY 14043 C. Destro Development $193,800.00 2255 Bailey Avenue Buffalo, NY 14211 Pinto Construction Services, $262,504.00 Inc. 1 Babcock Street Buffalo, NY 14210 1 certify that foregoing is a true and correct statement of all bids received and that Visone Construction is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Visone Construction for the cost thereof to be charged to the Division of Water account 53023517 in the amount of $170,430.00 plus 10% for approved unit prices for a total encumbrance of $187,473.00. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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 emergency installation of a new 16" watermain on Abby Street, to Visone Construction, the lowest responsible bidder, in the amount of $170,430.00 plus 10% for approved unit prices for a total encumbrance of $187,473.00. Funds for the project are available in the Division of Water account 53023517. PASSED AYES - 8 NOES -0 NO. 12 REPORT OF BIDS BROADWAY GARAGE BLOCK HEATERS & VIDEO SURVEILLANCE SYSTEM JOB #0633 EILICOTT DISTRICT I advertised for on August 22, 2006 and received the following formal proposals for the Broadway Garage, Block Heaters & Video Surveillance System, on October 4, 2006. Metro Electric $58,844.00 100 Atlantic, Buffalo, NY Frey Electric $64,500.00 100 Pearce, Tonawanda, NY Weydman Electric $66,900.00 747 Young, Tonawanda, NY CIR Electrical $67,000.00 400 Ingham, Buffalo, NY Industrial Power & Lighting $69,800.00 701 Seneca, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Electric, with a bid of Fifty Eight Thousand Eight Hundred Forty Four and 00/100 Dollars ($58,844.00) 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 38320906 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 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 Broadway Garage, Block Heaters & Video Surveillance System, to Metro Electric, the lowest responsible bidder, in the amount of $58,844.00. Funds for the project are available in 38320906 445100 Division of Buildings. PASSED AYES - 8 NOES -0 NO. 13 REPORT OF BIDS EMERGENCY ROOF RECONSTRUCTION DULSKI COMMUNITY CENTER JOB #0659 FILLMORE DISTRICT I advertised for on September 19, 2006 and received the following formal bids for the Dulski Community Center, Roof Reconstruction. The Commissioner of Public Works, Parks & Streets has declared an emergency for the Roof Reconstruction at the Dulski Community Center because the existing roof has failed and has gotten worse over a short period of time. Grove Roofing $68,500.00 131 Reading, Buffalo, NY Jos. A Sanders & Sons $78,989.00 P 0 Box 814, Buffalo, NY The Department of Public Works, Parks & Streets will enter into a contract with Grove Roofing in the amount of Sixty Eight Thousand Five Hundred and 00/100 Dollars ($68,500.00). Funds for the work are available in 38321206 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 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 Dulski Community Center, Roof Reconstruction, to Grove Roofing, the lowest responsible bidder, in the amount of $68,500.00. Funds for the project are available in 38321 206 445100 Division of Buildings. PASSED AYES - 8 NOES -0 NO. 14 BUFFALO WATER BOARD PRIVATE WATER SERVICES ITEM NO. 112, C.C.P. 11/29/05 The Buffalo Water Board has not amended its rules and regulations to accept responsibility for water services within City right -of -way. Estimates provided to the Board indicate that such a change would result in a probable five (5) percent rate increase. I will ask that this item be added to the Board's agenda for their November meeting. RECEIVED AND FILED NO. 15 CHANGE IN CONTRACT FRIENDS TO THE ELDERLY, 118 E. UTICA ST. FLOORING REPLACEMENT JOB #0518 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for Friends to the Elderly, 118 East Utica Street, Flooring Replacement, Heritage Contract Flooring, C #92011160. 1. Furnish and install additional radial rubber tile. Add $ 1,204.00 The foregoing change results in a net increase in the contract of One Thousand Two Hundred Four and 00/100 Dollars ($1,204.00). Summary Current Contract Amount $40,625.88 Amount of This Change Order ( #2) $ 1,204.00 Revised Contract Amount $41,829.88 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 30338106 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 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. 2, to Heritage Contract Flooring, an increase in the amount of $1,204.00, as more fully described in the above communication, for work relating to Job No. 0518, Friends to the Elderly, 118 East Utica Street, Flooring Replacement, C #92011160. Funds for this project are available in 30338106 445100 - Division of Buildings. PASSED AYES - 8 NOES -0 NO. 16 CHANGE IN CONTRACT RICHMOND /FERRY CIRCLE CURB REPLACEMENT - 2006 GROUP #653 NIAGARA DISTRICT A & A CONCRETE I hereby submit to your Honorable Body the following unit price additions. This change order is necessary to extend curbing on Richmond Avenue from West Ferry southerly 200' from existing curb line: Contract Unit Estimated Estimated Item Description Price Quantity Cost R05.205 Concrete Sidewalks - 5" Replace with Color $6 /sq.tL 1000 sq.ft. $6,000.00 R07.106 Granite Curb - 6" Replacement $40 /lin.ft. 400 lin.ft. $16,000.00 NYSDOT Type "C" Original Caledonia 08.210 Slotted Corrugated Polyethylene Underdrain - 4" $5 /lin.tL 400 lin.ft $2,000.00 05206.0306 Conduit Excavation & Backfill $6 /lin.ft. 400 lin.ft. $2,400.00 08520.5014 Sawcutting Asphalt & Concrete Pavement $3 /lin.fi. 400 lin ft $1,2000.00 Total $27,600.00 Existing Contract Amount $83,050.00 Increase in Contract $27,600.00 Total Contract to Date $110,650.00 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to A & A Concrete. Funds for this work are available in our Capital Project Accounts #30032106 & 39311106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to A & A Concrete, an increase in the amount of $27,600.00, as more fully described in the above communication, for work relating to Richmond /Ferry Circle Curb Replacement, Group #653. Funds for this project are available in Capital Project Accounts #30032106 & 39311106. PASSED AYES - 8 NOES -0 NO. 17 329 FRANKLIN STREET; ENCROACHMENT INTO CITY RIGHT OF WAY Mr. Paul Fineburg, owner of the property located at 329 Franklin Street, has requested permission to install a steel and glass canopy which would encroach City right of way at said address. The entire structure would measure approximately 29' in length and project 5' from the building face into City right of way. The canopy will include a 13'x 5' kalwall glass panel supported by structural rectangular tubing. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 56 (Awnings, Canopies and Marquees) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said canopy provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the canopy be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the canopy does not exceed 29 feet in length or extend more than 5 feet from the building face. 4. That the applicant be responsible for maintenance of the canopy as long as it remains within City right of way. 5. That the applicant supply the City of Buffalo with a construction in street bond or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said canopy. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 ENVIRONMENTAL REMEDIATION AT L HOWELL ST., BUFFALO, NY REQUEST ACCESS / LEASE AGREEMENT ON CITY OWNED PARCELS NORTH DISTRICT Our department has received notification of an environmental remediation project located in the vicinity of I Howell St., Buffalo, NY. This remediation action is being mandated by the NYSDEC as a result of petroleum contamination to area soils by Ashland Oil Inc. The former Ashland Oil location is now owned by Marcon Erectors Inc. at 1 Howell St. The remediation project involves the staging, excavation, removal, backfill and restoration of contaminated soil areas at 1 Howell St. (Ashland / Marcon) and at least (3) City owned properties as follow: SBL #088.36 -2 -51 a former railroad track bed area now owned by the City. SBL #088.36 -%14 a vacant City lot across from 1 Howell St. to be used as a staging area. SBL #088.36 -1 -22, which is dedicated parkland abutting Scajaquada Creek and contains the Scajaquada Pathway. Remediation activities in the area are expected to start on or about October 30, 2006 with temporary restoration done by the end of 2006 and full site restoration to occur in the spring of 2007. The actual extent of contamination /remediation will be determined in the field during excavation and soil testing activities. As a result of this remediation contract it is anticipated that a section of the Scajaquada Pathway will be temporarily closed between Peter St. and Bush St. Our department in conjunction with the Law Department requests permission from Your Honorable Body to enter into any necessary access, license and /or lease agreements with the contractor in order to expedite this project. Areas of concern to the City which well be addressed are as follows: Adequate insurance coverage and indemnities Assurances of project completion and appropriate restoration Job area chain link safety fencing, safety fencing maintenance and 24 hour security guarding of the entire fenced -in work area. Constant updates and notification to City on remediation work progress and field and test results. Contingency for clean -up work to expand into other City owned property if field conditions so requires. Possible rerouting of water line. Notice and information for neighborhood residents, schools, block clubs, community organizations and leaders. Temporary /permanent site restoration between remediation work completion in December 2006 and final restoration work in spring of 2007. Mr. Bonifacio moved That the City of Buffalo agrees to allow NYSDEC access to 1 Howell Street and the adjoining scajaquada Parkway for Purposes of Remediation PASSED AYES - 8 NOES -0 NO. 19 INCREASE IN CONTRACT REPAIR OF STREETLIGHT AND KNOCKDOWNS GROUP 637 CONTRACT #92011004 - O'CONNELL ELECTRIC I hereby submit to your Honorable Body the following increase in the contract for the above named project in order to repair /replace additional streetlight knockdowns on a unit price basis. Additional work necessary and a contract summary is as follows: Contract Item 10.997.1 - Replacement of Knockdown Standard 16 ft. or less 10 each @ $521.00 $5,210.00 Contract Item 10.997.2 - Replacement of Knockdown Standard greater than 16 ft. 65 each @ $586.00 $38,090.00 Contract Item 12.110 - Maintenance and Protection of Traffic $4,576.00 Original contract amount $100,820.00 Amount of this increase $47,876.00 Revised contract amount $148,696.00 1 hereby certify that the amount of this change order is fair and equitable for the work involved. I request your Honorable Body authorize the Commissioner of Public Works to issue a change order to O'Connell Electric as set forth above. Funds for this work are available in our Capital Project Accounts #'s 39311106 & 30032106. 'Unit bid prices from contract Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to O'Connell Electric, an increase in the amount of $47,876.00, as more fully described in the above communication, for work relating to Repair of Streetlight and Knockdowns, Group #637, Contract #92011004. Funds for this project are available in Capital Project Accounts #39311106 & 30032106. PASSED AYES - 8 NOES -0 NO. 20 INCREASE IN CONTRACT REPLACEMENT OF SITE SPECIFIC SIDEWALK - 2006 GROUP #666, CONTRACT #92011136 P & J CONSTRUCTION CO., INC. ITEM #13 OF C.C.P. 06/13/06 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations encountered during the construction operations on a District by District basis. Contract Unit Estimated Estimated Item Description Price quantity Cost R05.204BConcrete Sidewalks & Approaches $4.65 8,013.5 sq.ft. $37,262.78 4 "Replacement(100 to 250 sq.ft.) R05.204C Concrete Sidewalks & Approaches $4.30 1,200 sq.tL $5,160.00 4" Replacement (251 to 500 sq.fl.) 90.500 Construction Allowance Lump Sam as Necessary $5,000.00 Total $47,422.78 Existing Contract Amount $ 473,528.36 Increase in Contract$ 47,422.78 Revised Contract Amount $ 520,951.14 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Funds for this work are available in our Capital Project accounts #30032106 & #39311106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 5, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $47,422.78, as more fully described in the above communication, for work relating to Replacement of Site Specific Sidewalk - 2006, Group #655, Contract #92011136. Funds for this project are available in Capital Project Accounts #30032106 & 39311106. PASSED AYES — BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL — 7 NOES — FRANCZYK -1 NO. 21 MEDAILLE COLLEGE IMPROVEMENTS TO BASEBALL DIAMOND AT MCCARTHY PARK ITEM NO. 60, C.C.P. 10/03/06 The referenced item was sent to this department for comment. This department has no objection to Medaille College making physical and cosmetic improvements to the 90 ft. baseball diamond at McCarthy Park provided that all costs of the improvements are covered by Medaille. Once final design is complete, the plans must be submitted to this department, and the Commissioner of Parks for the County of Erie, for final approval. RECEIVED AND FILED Councilmember Thompson took his seat at 2:15 pm, NO. 22 ORDINANCE AMENDMENT 96, BONDS AND CONTRACTS APPRENTICESHIP PROGRAM $100,000 LIMIT #164 OF 10/3/06 This is in response to the prior item referenced above which was forwarded to our department for a response in regard to bid results since the Ordinance Amendment 96 revision for contracts over $100,000. Be advised that since the ordinance was revised and our bid specifications were changed by the Law Dept., our department has received bids for (8) contracts over $100,000. They are as follows: • Painting of Street Light Standards $ 157,842.30 • Repair of Streetlight Fotmdations and Knockdowns $ 237,919.00 • Citywide Sidewalk Replacement $1,219,614.00 • Curb and Sidewalk Replacement, E. Delavan $ 944,160.75 • Emergency Sidewalk Repairs, Dunn Tire Park $ 170,500.00 • Phase II Security Upgrades, Colonel Ward $ 554,992.00 • Roof Reconstruction, Mechanical Services Building $ 124,000.00 • Emergency Waterline Bids, Abby St. /Hydro Air $ 187,473.00 The bid reports for each project, which were filed with Your Honorable Body for action, are attached and list all bidders for each project. All contracts have been approved except for Citywide Sidewalk Replacement (tabled in finance) and the Abby St. /Hydro Air Waterline, which is on the agenda for the 10/17/06 meeting. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 PERMISSION TO HIRE ENGINEERING CONSULTANT CONTINUING G.I.S. DEVELOPMENT PHASE III IMPLEMENTATION Our department has been steadily progressing Geographic Information Systems (G.I.S.) in an effort to consolidate and organize citywide infrastructure in regards to street lights, traffic signals, traffic signs, pavement markings, water facilities, fiber optics, bridges, right of way dimensions, street records, survey data, parking regulations, etc. Prior phases have completed data collection efforts, design recommendations and an implementation strategy working in conjunction with the MI.S. Department. In order to move forward with the implementation phase of this project our department is requesting permission from Your Honorable Body to take proposals and hire an engineering firm to proceed with final design and implementation of G.I.S. Anticipated costs for this work including licenses, training and software support are not expected to exceed $375,000. Funds are available in our capital projects account #30032106 and #30000106. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to take proposals and hire an engineering firm to proceed with final design and implementation of G.I.S. Funds for this project are not expected to exceed $375,000 and funds are available in capital projects account #30032106 and #30000106. PASSED AYES - 9 NOES -0 NO. 24 UTILITY EASEMENT AGREEMENT - NATIONAL GRID FOR USE OF 2827 MAIN ST.- SCHOOL #200 MASTEN DISTRICT ITEM NO. 8, C.C.P. 10/03/06 The referenced item was sent to this department for comment. We have no objections to the issuance of an easement to National Grid for the relocation of electrical distribution facilities at 2827 Main St. This easement, however, should only cover City -owned property outside of the right -of -way. Installations within the right -of -way are covered by National Grid's franchise agreement with the City, and these installations should be made in accordance with the regulations of that franchise. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE DEPARTMENT OF POLICE NO. 25 ORDINANCE AMENDMENT CHAPTER 16, FINANCE IMPROVED NOISE ORDINANCE RESOLUTION Dear Common Council, Thank you for inviting our Department's comments on the two above - referenced legislative items. Please be advised that our Department just received the Council's request for comments on Friday, October 6, 2006. In the interest of submitting thoroughly researched comments, prior to submitting the same, I often seek input from police personnel who serve our Department in different capacities. Thus, in the future, our Department respectfully requests at least two weeks notice for the submission of our comments. Concerning the Shared Asset Forfeiture Fund CSAFF "), our Department has a few comments: First, the Amendment should provide that as ex- officio, the Commissioner of Police is a permanent member of the Shared Asset Forfeiture Fund Advisory Committee ( "SAFFAC "); Second, that Commissioner of Police shall have the final determiner as to whether a proposed expenditure complies with the guidelines of the U.S. Department of Justice; Third, given that this proposed legislation emanated from the Council and given our Department's contribution to the SAFF through the Drug Asset Forfeiture Funds ('— DAFF'), Council's staff should prepare any necessary documentation, including the contracts referenced on page 4 of the proposed Ordinance Amendment. The contracts should be submitted to our Department for approval by the Commissioner of Police. Concerning the proposed resolution for Improved Measures Against Motorists who violate the City of Buffalo's Noise Ordinance, please be advised that our Department's Strike Force has impounded 737 vehicles in the previous two months. Our Department is committed to combating quality of life crimes, but, we do not believe that additional legislation will be fruitful towards those efforts. Although the proposed resolution contains good ideas, our Department, including our street officers, are already mindful of those ideas. If anything, the City of Buffalo's Noise Ordinance could be less "technical ", which would allow for more effective policing. Our Department is keenly aware of the Common Council's concern about quality of life issues, including noise violations. To that end, I will make a personal commitment to heighten the street officers' awareness of this important issue. Thank you again for inviting our Department's comments on these proposed legislative items. Very truly yours, REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 26 RESIDENCY WAIVERMICHAEL MAZUROWSKI Your request to nominate the following individual: Civil Service Administration (716) 851 -5408 ' Fax (716) 851 -5401 PR # 2006 -22 Michael A. Mazurowski 50 Jeanne Lane Cheektowaga, NY 14227 to the position of Emergency Medical Services Coordinator - Provisional, is approved and with the understanding that he may not be eligible to participate in the examination for this position. The Commissioner of Human Resources has approved a residency waiver for Mr. Mazurowski for three (3) months from the date of this approval letter. Mr. Mazurowski must submit proof of City of Buffalo residency to the Civil Service office on or before December 12, 2006. Sincerely, Olivia A, Licata Administrative Director REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 TOWER LEASE AGREEMENT To Whom It May Concern: Please file the above and attached items for the upcoming Common Council Meeting on October 17, 2006. Attached to this cover sheet please find the following items: 1. Petition (request) 1 pg 2. Buffalo Police Department - Letter of Support 1 pg. 3. Tower Lease Agreement - City Hall 7 pgs 4. Tower Lease Agreement - Delaware Park Radio Tower 8 pgs If any items are missing, please contact Lt. Frank Lucca at 851 - 5333x319. Mr. Bonifacio moved: That the Common Council hereby authorizes the City of Buffalo to enter into two leases with Erie County Central Police Services to allow antenna installations on City Hal! and Delaware Park Radio Tower in accordance with the terms as set forth in this item. PASSED AYES - 9 NOES -0 FROM THE CORPORATION COUNSEL NO. 28 GENERAL MUNICIPAL LAW 239 -M REFERRAL FOR CASINO RELATED ACTIONS Dear Commissioner Eszak: On behalf of the City of Buffalo, I want to thank you for your letter of August 29, 2006, regarding the City's GML 239 -m referral for casino related actions. Much has happened relative to this matter since the City first made its 239 -m referral to the County in July. This letter provides you an update and responds to the issues raised in your letter. By way of background, on December 8, 2005, Seneca Erie Gaming Corporation ( "SEGC ") commenced construction of a class III gaming facility ( "Casino ") on the Seneca Nation's Buffalo Creek Territory pursuant to the terms of the Seneca Nation's Compact with New York State. The Buffalo Creek Territory is an approximately nine -acre area owned by the Nation in restricted fee status and bounded by Marvin Street, South Park Avenue, Michigan Avenue and Perry Street. The Buffalo Creek Territory is bisected by Fulton Street, a City owned public right of way. Last April, the Seneca Nation and SEGC asked the City to abandon that portion of Fulton Street that runs through the Buffalo Creek Territory. The Seneca Nation and SEGC also asked that the City undertake, at the City's cost, certain infrastructure improvements in the vicinity of the Buffalo Creek Territory. As it was unclear whether the City would be taking any planning or zoning actions relative to these requests, a 239 -m referral of these casino related actions was made to your office in July. Over the last few months there have been some "on again, off again" discussions about Fulton Street and the related requests between City and Seneca Nation representatives. From the City's perspective, because we have no authority to regulate activities on the Buffalo Creek Territory, and in particular, any activities associated with the operation of the Casino, we viewed the negotiations as an opportunity to ensure the best possible Buffalo Creek project for the citizens of the City and Erie County. As a result of these negotiations, the City, SEGC and the Nation have developed a proposed agreement ( "Proposed Agreement ") which will embody certain assurances for the citizens of Western New York relative to the operation of the Casino on the Buffalo Creek Territory. In exchange, the City will agree to abandon Fulton Street and allow the SEGC, at its own expense, to undertake certain infrastructure improvements on the surrounding roadway network. The City will also agree to provide sewer and water service to the Buffalo Creek Territory and make available some emergency support services. A copy of the Proposed Agreement is attached hereto for your reference. The City intends to complete an appropriate review of its actions as contemplated in the Proposed Agreement pursuant to the State Environmental Quality Review Act and the City of Buffalo Environmental Review Ordinance (collectively "SEAR "). The Common Council, as lead agency, will be exploring whether the construction and operation of the Casino may properly be segmented from the actions of the City contemplated by the Proposed Agreement for purposes of SEAR. Any views on this issue that the County may have would be appreciated. In terms of the 239 -m referral that the City made to the County, now that we understand the full scope of City actions relating to the Buffalo Creek Territory, it is apparent that no City agency, board or department will be undertaking any planning or zoning actions. Accordingly, there is no 239 -m referral to make to the County and the City of Buffalo must therefore withdraw the referral previously made to your office. Kindly let this letter serve that purpose. Even though no 239 -m referral is required, we welcome the County's views on this matter. In particular, we strongly encourage the County to participate in the SEQR process for the Proposed Agreement as an interested agency. In this regard, we will treat the County's 239 -m comments contained in your August 29th letter as SEQR comments. In addition, in order to facilitate your office's continued involvement, we will provide you with an updated Full Environmental Assessment Form as well as other SEQR related documentation for the Proposed Agreement as soon as such items are available. In the meantime, if you have any questions or wish to discuss this matter, please do not hesitate to contact my office. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 29 SECOND HAND DEALER 798 ELMWOOD (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 798 Elmwood. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Abraham. The attached thereto for John Abraham d /b /a Abraham's Jewelers. 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 October 2, 2006 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to John Abraham d /b /a Abraham's Jewelers located at 798 Elmwood Avenue. PASSED AYES - 9 NOES -0 NO. 30 SECOND HAND DEALER 594 NIAGARA ST (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 594 Niagara. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into tile moral character of Mae Jackson. The attached thereto for Mae Jackson d /b /a Lifestyles by Consignment. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 USED CAR DEALER 41 LOUISIANA ST. (FILLMORE) 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 41 Louisiana 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 Dawn Thurnherr. The attached thereto for Dawn Thurnherr. d /b /a J Morris Resale. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 CERTIFICATE OF APPOINTMENT Appointment effective October 1, 2006 in the Department of Economic Development, Permit & Inspection Services Division of Commissioner's Office to the position of St. Special Assistant to the Commissioner of Economic Development, Permit & inspection Services Exempt - Provisional APPOINTMENT at the maximum salary of $39,168 Christina Akers, 134 Park Street #5,Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS No. 33 Abandoned Vehicle for City Use This is to request authorization for the Department of Fire to takeover use of a 2002 Mercury Sable (4DSD), property number 111505,019,DPE, for use by the Arson Squad as an Undercover vehicle. Notices were sent on November 17, 2005 and January 13, 2006 to advise the owner that the vehicle would be sold at auction if it was not claimed. The vehicle remains unclaimed and may now be sold at public auction or converted to official use pursuant to the New York State Vehicle and Traffic Law. This vehicle will not be a take home vehicle. Mr. Bonifacio moved: That the above communication from the Division of Parking Enforcement dated October 12, 2006 be received and filed; and That the Commissioner of Fire be, pursuant to the New York State Vehicle and Traffic Law, be and he hereby is authorized to takeover use of a 2002 Mercury Sable (4DSD), property number 111505,019,DPE, for use by the Arson Squad as an Undercover vehicle and on the condition that the old car be removed from the fleet., Passed AYES —9 NOES 0 NO. 34 Grass Cutting Invoice Transfers I am responding to Commissioner Giambra's request that unpaid grass cutting charges be placed on the Local tax roll. The property owners are given numerous notifications and time to pay these invoices. I agree with Commissioner Giambra that in accordance with Section 28 -13 of the City of Buffalo Charter and Code, they should be abated from accounts receivable and placed on the homeowner's tax bill. RECEIVED AND FILED NO. 35 NOTICE OF INTENTION - NAME GEORGE J. HARTMAN FIELDS FOOTBALL FIELD IN HONOR OF "PAUL FITZPATRICK" CCP #156 - 10/3/06 Attached please find a Notice of Intention filed by this office setting the public hearing for the above item on October 31, 2006 at 2:00 p.m. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 36 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 1122 Hertel Avenue J. Shepard Inc. P. J. Kelleher, Agent 1389 Delaware Avenue L. Stokes P. J. Kelleher, Agent 115 W. Chippewa St. Bada Bing Da Bada Inc. RECEIVED AND FILED. NO. 37 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: Comptroller -J. Bartosik Public Works, Parks & Streets -J. Gulczewski, 1. Fowler, T. Nikiel, K. Gray, D. Palumbo Police -A. Collins, S. Maraschiello, C. Meredith, L. Redmond RECEIVED AND FILED. NO. 38 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 Appointment Effective 9/28/2006 in the Department of Common Council, Division of City Clerk, to the position of Intern VI, Seasonal, at the flat starting salary of $10.00 /hr. Ashlee Amoia 21 Duluth Ave. Buffalo, NY 14216 NO. 39 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF ADMINISTRATION, FINANCE & URBAN AFFAIRS Appointment Effective 10/9/06 in the Department of Administration, Finance & Urban Affairs, Division of Budget, to the position of Principal Management Analyst, Temporary, at the minimum starting salary of $53,633. Joseph Bartosik 472 McKinley Pkwy. Buffalo, NY 14220 Appointment Effective October 3, 2006 in the Department of Administration, Finance & Urban Affairs, Division of Treasury, to the position of Assistant Collection Officer, Provisional Promotion, at the minimum starting salary of $33,359.00. Mary K. Comerford 114 Whitehall Buffalo, NY 14220 Appointment Effective 9/28/06 in the Department of Law, Division of Law, to the position of Assistant Corporation Counsel I, Temporary, Non - Competitive, at the minimum starting salary of $45,757.00. Cavette Chambers 188 Roebling Avenue Buffalo, NY 14215 DEPARTMENT OF POLICE Appointment Effective October 9, 2006 in the Department of Police, to the position of School Crossing Guard, Temporary, Non - Competitive, at the minimum starting salary of $7.09 /hr. Sarah Hill 37 Rawlins Avenue Buffalo, NY 14211 DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointment Effective 10/16/06 in the Department of Public Works, Division of Streets, to the position of Truck Driver, Provisional, at the minimum starting salary of $27,646. Richard L. Ferril 16 Race Street Buffalo, NY 14207 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 40 SCOPING DOCUMENT /ALTERNATE SCREENING REPORT Please file this Final Scoping Document /Alternate Screening Report Addendum #2 dated October 3, 20063 for the next meting of the Common Council on Tuesday, October 17,2006. Every Council Member was given a copy of the document last week. Copy available in the City Clerks Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 Board Packet Documents 10/2/2006 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 2, 2006: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 11, 2006 3.Fully executed Phase II Application and Certificate for Payment No. 23 - August 2006 4.Phase II Application and Certificate for Payment No. 24 - September 2006 5.Program Packaging and Development Services (PPDS) Provider Update 6.Bid Evaluation for PS #39 - MLK Multicultural Institute 7.Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project -August 2006 8. Career Path Update for JSCB meeting of October 2, 2006 RECEIVED AND FILED NO. 42 Req Waiver Reduction of Fine for Trash Removal I am writing this letter to request a waiver, or a reduction of the fine back to the original amount of the summons for trash removal. The city of Buffalo has stated that the Bennett -Wells American Legion Post # 1780 presently owes, $1,281.00 for a delinquent trash summons that originated back in the year 2000. We were told the summons was a result of trash that was put at the curb when the upstairs tenant moved out of our building. The individuals in charge of the Post during that time were unaware of the correct procedure necessary for trash pick -up. The year 2000 administration did not communicate the existence of the fine to the succeeding administrations. This delinquency resulted in the bill increasing from the original amount of $350, up to the present amount of $1281. Our administration took office in 2003 and we did not become aware of this summons until 2006, when the Office for Strategic Planning informed us. Last year, the house located behind our Post building was demolished by the city. In January 2006, we wrote a letter to the city, requesting to obtain the vacant lot (117 Courtland) by exchanging it for the vacant lot we still own, located at 463 Riley Street. (Riley St. is the site of our previous Post home before the fire). In 1996, we purchased the building at 1356 East Delavan Ave, which is the present location of our Post. The Bennett -Wells American Legion Post # 1780 was organized in 1954 by a group of WW 11 veterans. Our major focus has always been to provide services to the community. We sponsor a Block party for the children and youth in the community every August. For the neighborhood children we have the annual Halloween and Christmas parties; we also have an Easter egg Hunt for all the children every Easter season. During the Christmas season, we distribute food baskets to needy families. All of our activities for the children and the community are free of charge, we are a not for profit organization. We have an active ladies auxiliary, that volunteers time at the VA Medical Center. These ladies are always available to help us in all of our community activities. This past spring, the auxiliary sponsored a high school junior to attend the leadership training (Empire Girls State) held in SUNY Brockport for a full week of education regarding our government and become eligible to earn college credit. Funds to sponsor our community activities are all generated by fund raising activities and donations. Our Post is small and therefore our fund raising efforts are small and we do not have enough funds presently to cover the cost ($1281.), of the year 2000 -trash summons fine. This fine has caused a major hardship to our budget. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 43 RESTRICTED USE PERMIT On behalf of the Inclusion Task Force - -a coalition of more than 30 human service providers serving tens of thousands of Buffalo residents each year - -we respectfully offer the following comments regarding the "hybrid" ordinance requiring Restricted Use Permits for Human Service Facilities (CCP #165 7/25/06). As you know, this legislation is the result of the melding of the Human Service Facilities Permit legislation prepared by the Inclusion Task Force with previous city ordinances as well as a series of meetings among the ITF, the Law Department and members of the Legislation Committee. The comments below follow the outline of the proposed ordinance. Section A: Legislative Findings We appreciate the more even - handed tone taken by Messrs. State and Savage in drafting the Legislative Findings and Intent. This language embraces both the important role played by human service facilities and the need to foster communication and cooperation with city neighborhoods. Section B: Regulated Uses The ITF proposal had sought to more narrowly tailor the legislation, excluding places of worship and making the ordinance only applicable in residential and commercial zones. We can accept the changes recommended by this hybrid ordinance, but caution that the failure to exempt places of worship and industrial zones makes the Ordinance more susceptible to legal challenge. Section C: Application While we have no problem with the provision that applicants be required to provide a description of services to be provided, hours of operation, the estimated numbers to be served or level of supervision, the ITF is concerned that applicants must "submit a demonstration of the need for use at the proposed location ". How hypothetically would the American Red Cross (a regional service organization) demonstrate the need for its services at the corner of Delaware & Summer? Similarly, despite the burden - shifting language contained in paragraph F, the ITF remains concerned that Section C still requires applicants to "submit a detailed explanation of how this [proposed] use will not adversely impact the nature and character of the area... ". Why require such a logically impossible explanation at all? Section D (Standards) The ITF legislation had proposed clear standards for use by the Zoning Board in determining concentration. Where fewer than five percent of the parcels within a half -mile radius were regulated under the statute, there would be a presumption of no concentration and the human services facilities permit granted. In cases where this five percent standard was exceeded, the Zoning Board would be permitted to deny applications, approve them or grant conditional approval. By contrast, the hybrid version creates no objective parameters -- instead leaving determinations of concentration or adverse impact subject to the interpretation of the Zoning Board and the unfair and inconsistent vagaries of the intensity of neighborhood opposition. Given that the Office of the Attorney General has previously investigated and found the Restricted Use Permit Ordinance had been "applied in an uneven and inconsistent manner ", we would strongly recommend the adoption of objective criteria. Section E (Conditions) The ITF would prefer that the Zoning Board be empowered to grant conditional approval in instances of concentration or adverse impact. Section F (Denial of Applications) We support the burden - shifting language of Messrs. State & Savage. Thank you again, Mr. Fontana, for your efforts to bring together neighborhood residents and service providers in order to fashion a solution acceptable to all parties. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 Concern Marine Drive Apts I am writing on behalf of the residents of Marine Drive who would like for me to express their concerns regarding Marine Drive. These residents feel that there is a proposal in front of the Common Council that will disenfranchise them as residents of Marine Drive who cannot afford to purchase their apartments. As their BMHA Commissioner representative, I am requesting that I be put on the Common Council agenda to express their concerns. I would appreciate a response at your earliest convenience. Thank you for your consideration regarding this matter. I can be reached at (716) 854 -2552 or at the above address. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 45 REQUEST FOR APPROVAL OF EXTENSION OF AGREEMENT BETWEEN WELLNESS INSTITUTE AND THE DEPT OF PUBLIC WORKS Pursuant to the affiliation agreement between the Wellness Institute and the Department of Public Works for assistance to the Apollo Media Center approved by this Honorable Body on June 13, 2006, 1 would like to request that the agreement be extended to December 31, 2006. Your immediate attention to this matter would be appreciated. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 46 REVISIONS TO SANITARY CODE Attached hereto please find copies of proposed revisions to the Erie County Sanitary Code, Article I, Section 9 (Permits Generally). These proposed revisions are hereby being filed pursuant to the Erie County Administrative Code, Section 5.05(b). A Public Hearing (Notice of enclosed) relative to the proposed revisions will be held on Tuesday, October 31, 2006 at 3:00 P.M. in Room 904 of the Rath County Office Building, 95 Franklin Street, Buffalo, New York. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO. 47 TRANSFER OF OUTER HARBOR Re: Item #153, C.C.P. October 3, 2006, and Item #157, C.C.P. October 3, 2006 Regarding Transfer of Outer Harbor to ECHDC, and Council Representative on ECHDC We are in receipt of the two interrelated Council resolutions referenced above which relate to NFTA's recent approval to open negotiations with us on the transfer of Outer Harbor property to this Corporation. The Directors of the ECHDC are favorable toward discussions which may lead to accomplishment of NFTA's intended purpose. As your resolutions point out there is a long history leading to the present situation which we have an obligation to research and understand. Unchanged is our current commitment of time and effort with our limited resources to complete the development plan for lower Main Street. Thus, we are taking a measured approach toward starting these discussions with NFTA. At present, NFTA has offered to supply us with top to bottom information on the status, history, expenses, environmental, planning, and other factors that would influence our approach on this property. In addition, there are legal and institutional factors that will be considered. We are in a very early phase of discussions dedicated to listing out all of the issues for more detailed talks. Thus, it is too early to offer any opinion on matters of concern to the City other than we will carefully consider your points of view as we set up these discussions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 48 Materials to assist City ha its review and approval of proposed Agreement The Seneca Nation of Indians (Nation), Seneca Erie Gaming Corporation (SEGC) and the City of Buffalo have reached agreement on the abandonment of Fulton Street, off -site roadway and infrastructure improvements and other development issues regarding the Seneca Buffalo Creek Casino (SBCC). The City has informed us that it will review its approval of the agreement under the State Environmental Quality Review Act and the City of Buffalo Environmental Review Ordiance (collectively SEAR). Although not otherwise required, in the spirit of cooperation, this submission is being provided to assist the City with its SEQR review. On December 8, 2005, SEGC began constructing the SBCC on its Seneca Buffalo Creek Territory. The Buffalo Creek Territory is an approximately nine -acre area owned by the Nation in restricted fee status that is bounded by Marvin Street, South Park Avenue, Michigan Avenue and Perry Street in the City of Buffalo. Fulton Street bisects the Seneca Buffalo Creek Territory. The Nation -State Gaming Compact Between the Seneca Nation of Indians and the State of New York ( "Compact ") allows the Nation to establish a Class III Gaming Facility in the City of Buffalo without seeking or obtaining any approvals from the City. However, in order to provide the greatest amount of flexibility in designing and developing the SBCC, in April 2006, SEGC requested that the City of Buffalo abandon and sell to SEGC the section of Fulton Street that bisects the Nation's territory. SEGC has also sought City assistance with certain off - Territory infrastructure improvements (collectively, the "Nation Requests "). Following several months of negotiations, SEGC, the Nation and the City developed a proposed agreement ( "Proposed Agreement ") whereby in exchange for the City agreeing to certain of the Nation's Requests, SEGC would comply with certain requirements in constructing and operating the SBCC notwithstanding that the City has no authority to regulate the construction or operations of the SBCC on the Nation's Territory. The Proposed Agreement will allow SEGC to develop a world -class casino while assuring maximum benefits to the citizens of the City and Erie County and minimizing any potential impacts associated with the construction and operation of the SBCC. The Proposed Agreement calls for the City to undertake, fund or approve the following activities: 1. Abandon the portion of Fulton Street that runs through the Nation's Territory and sell same to SEGC. 2. Cut and /or cap off all public utility lines and facilities currently located within or under tire section of Fulton Street to be abandoned. 3. Make available if requested certain emergency response services from the City Fire Department to the SBCC and the Seneca Buffalo Creek Territory. 4. Make available if requested traffic or crowd control assistance from the City Police Department for special extents at the SBCC and during certain HSBC events. 5. The following infrasteacture improvements in the rights -of -way surrounding the Nation's Territory: a. Reconstruct Fulton Street from Marvin to Chicago as four lanes (two eastbound and two westbound); b. Reconstruct Chicago Street £tom South Park to Perry as four lanes (two north bound and two south bound). c. Reconstruct Marvin between Perry and South Park as two lanes, (one northbound, one southbound) and replace water main and sanitary sewer line along same section; d. Install two phase traffic signal at the intersection of Chicago and South Park and synchronize with traffic signals at Michigan and South Park and Louisiana and South Park; e. Install two phase traffic signal at Michigan and Scott and synchronize with traffic signals at Michigan and South Park and Michigan and Pert3'; f. Adjust signal timings at the intersections of Michigan and South Park, Louisiana and South Park, and Louisiana at Perry g. Re -snipe eastbound approach at intersection of Swan and Michigan h. Re- designate southbound lane configuration o f Michigan and Perry intersection to include and exclusive southbound left turn lane and the addition of a southbound left tam arrow on the signal head; i. Install alternate casino route signage on Michigan, Seneca and Louisiana Streets; j. Separate casino 9 -acre parcel storm water flow from existing combined sewer system by constructing new, dedicated storm line from intersection Fulton and Michigan, extending south along Michigan and west along South park and connect to existing Clark Skinner Storm Sewer tunnel located at intersection of South Park and Baltimore. k. Relocate existing Verizon communications duct bank below the Fulton Street Section from the intersection of Michigan and Perry, east along Perry to Chicago, then south along Chicago to Fulton Street Based on our discussions, we understand that the City considers its approval of the Proposed Agreement to be subject to SEAR. As we understand it, the City's SEQR review will involve identifying and analyzing impacts of the activities that the City will undertake fund or approve pursuant to the Proposed Agreement. To assist and cooperate m the City SEQR review, in July 2006, SEGC submitted certain preliminary environmental review materials to allow the Cit to begin its SEQR review. Following that submission, the parties continued to negotiate and ultimately established the Proposed Agreement. The following activities that the City will undertake pursuant to the Proposed Agreement are Type II actions under SEAR: (i) making available if requested emergency response services, and (ii) making available if requested crowd control assistance. Although Type II actions, some of the information we are providing with this letter may assist you in considering any possible effects of these elements of the Proposed Agreement. The Proposed Agreement also sets forth certain agreements regarding the provision of local water service and local sewer service, the provision of which is, of course, also a ministerial actions that are Type II actions under SEAR. Again, although Type II actions, some of the information we are providing with this letter may assist you in considering any possible effects of these elements of the Proposed Agreement. As we now move toward final approval of the Proposed Agreement, to further assist the City in its SEQR review, we asked our project consultants to prepare additional and revised informational materials that may help the City identify and analyze potential impacts of the activities that the City will undertake, fund or approve pursuant to the Proposed Agreement. These attached materials include: (i) SEQR Part 1 Environmental Assessment Form (EAF); (ii) Supporting EAF Information and Documentation (including photos, maps, figures and diagrams); (iii) Cultural Resource Analysis; and (iv) Site Condition Report In addition to these materials SEGC project consultants have also prepared a Traffic Impact Study and quality Impact Report as part of designing and developing the SBCC, portions of which may also be helpful to the City in undertaking its SEQR review. We hope that these materials are of some assistance to you. Please let us know how we can continue to assist the City in approving the Proposed Agreement. REFERRED TO THE COMMITTEEE ON FINANCE NO. 49 Oppose Uniland Project Gates Circle As you are probably all aware, Uniland Development Company of Amherst, New York, has proposed to erect a 16 to 19 story high -rise condominium complex at the soon to be unoccupied Park Lane Restaurant at Gates Circle. Even though plans for this structure have not been formally submitted to the City Planning Board for approval, it is well known that this developer has made a commitment to construct this building at Gates Circle. But along with the residents of the Park Lane apartments, over seventeen hundred Western New York residents have gone on line to oppose the construction "that, if approved and built, will forever change the tenor and essence of not only Gates Circle, but Chapin Parkway and Forest Law Cemetery. We are not opposed to residential development but we implore the Common Council to partner with Uniland and the City Planning Board to locate this high -rise to an alternative site. Uniland should he commended for having the confidence to initiate residential development in Buffalo. We are also aware that this proposed development would bring in much needed property tax revenue. The question is, at what price? For years Uniland has focused its efforts in the sprawl of the suburbs. Now, after sitting on properties for almost two decades on the 200 block of Delaware Avenue, they chose the Gates Circle area as their initial venture into the city. Surely, there are other parcels of either underdeveloped or vacant properties in Buffalo where Uniland can develop high -rise upscale condominiums- We must preserve the natural beauty of all of our Frederick Law Olmsted jewels. To quote the genius of this man, "Natural scenery exists for the mind without fatigue and yet exercises it and yet enlivens it thus refreshing the whole human system. RECEIVED AND FILED PETITIONS NO. 50 R. Santoro, Agent, Use 75 Hickory- Freestanding Signs (Ell)) (Phone #) (895 -8875) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. NO. 51 Traffic Signal and Two Additional Stop Signs Corner of Masten and Riley Street Please file the attached item for further discussion at the next Common Council session to be held October 17,2006. Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your assistance in this matter. Copy available in the City Clerks Office for Review REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) NO. 52 Appointment Computer Operator (Inter) (MIS) (Item No. 14 -Oct. 3, 2006) That Communication 14, Oct. 3, 2006 be received and filed and the permanent appointment of Kenneth Doverspike stated above at the intermediate starting salary of $35,497.00 effective on August 28, 2006 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 53 Appointment Account Clerk- Typist (Inter) (PW) (Item No. 22 -Oct. 3, 2006) That Communication 22, Oct. 3, 2006 be received and filed and the temporary appointment of Susan Tinti stated above at the intermediate starting salary of $28,505.00 effective on September 18, 2006 is hereby approved. PASSED AYES — 9 NOES — 0 NO. 54 Appt.- Deputy Director of Telecommunications (Max) (PW) ( #23,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 55 Appt. -EMS Coordinator (Max) (Fire) ( #25,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 56 Appt.- Administrator of Treasury & Collections (Max) (AFUA) ( #38,10/3) That the above item be, and the same hereby is received and filed. ADOPTED NO. 57 NOTICES OFAPPT.- TEMP. /PROV. /PERM. (C. CLK.) (#44,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. FINANCE BRIAN C DAVIS, CHAIRMAN NO. 58 RE- EXAMINE AGREE. BETW. COB & EC -PARKS & FORESTRY (LAW) ( #26,10/3) That the above item be, and the same hereby is received and filed. ADOPTED ADOPTED. NO. 59 B. DAVIS- PROPOSAL FOR FIRE PROMOTIONAL EXAMINATIONS (#48,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 60 B. DAVIS -J. MCREYNOLDS- PROBLEMS WITH POLLING PLACES (#49,10/3) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 61 REPORT OF BIDS - CITY WIDE SIDEWALK REPLACEMENT - 2006 GROUP #658 (ITEM NO. 8, C.C.P., SEPT. 19, 2006) (ITEM NO. 84, C.C.P., OCT. 3, 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. 62 ABANDONMENT AND SALE PORTION OF FULTON STREET (STRATEGIC PLAN.) (ITEM NO. 3, C.C.P., JULY 1 I, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above - mentioned item be and the same is laid on the table. ADOPTED NO. 63 ABANDONMENT AND SALE PORTION OF FULTON STREET (CITY PLAN.) (ITEM NO. 3, 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 - mentioned item be and the same is laid on the table. ADOPTED. NO. 64 FULTON STREET PROJECT (ITEM NO. 18, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above - mentioned item be and the same is laid on the table. ADOPTED NO. 65 SEQRA - ABANDONMENT AND SALE OF FULTON STREET (PUB. WORKS) (ITEM NO. 30, 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 - mentioned item be and the same is laid on the table. ADOPTED NO. 66 GENERAL MUNICIPAL LAW 239M - REFERRAL FOR CASINO RELATED ACTIONS (ITEM NO. 86, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the above - mentioned item be and the same is hereby recommitted to the Committee on Finance. ADOPTED NO. 67 CONTRACT FOR FIRE PROMOTIONAL EXAMS (ITEM NO. 69, C.C.P., SEPT. 5, 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 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 68 K. OLSON, PETITION TO USE 1860 SENECA STREET - INTEMET CAFE /SALES, ETC. (ITEM NO. 63, C.C.P., OCT. 3, 2006) That after the public hearing before the Committee on Legislation on October 10, 2006, the petition of K. Olson, agent, for permission to use 1860 Seneca Street to convert a 2 story warehouse to an internet service with caf6 and craft sales on first floor and game room on the second floor be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 69 C. SCHMITTER, PETITION TO USE 1209 HEGEL AVENUE -WINERY (ITEM NO. 64, C.C.P., OCT. 3, 2006) That after the public hearing before the Committee on Legislation on October 10, 2006, the petition of. Schmitter, agent, for permission to use 1209 Hertel Avenue to converting an existing store in a C -2 District to a winery, with conditions be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 70 R. SANTORO, PETITION TO USE 847 MAIN STREET - GROUND SIGN (ITEM NO. 67, C.C.P., OCT. 3, 2006) That the petition of R. Santoro, agent, for permission to use 847 Main Street for a ground sign, 4' x 9', non - illuminated be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 71 J. KAWCZYNSKI, PETITION TO USE 976 BROADWAY - GROUND SIGN (ITEM NO. 69, C.C.P., OCT. 3, 2006) That the petition of J. Kawczynski, agent, for permission to use 976 Broadway for a ground sign, 60' high x 40" wide, 78" high including a base be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 72 R. SASALA, PETITION TO USE 253 ALLEN - SIT -IN RESTAURANT /OUTDOOR CARE (ITEM NO. 90, C.C.P., JULY 25, 2006) (ITEM NO. 113, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. That the above item is hereby received and filed ADOPTED NO. 73 ORDINANCE AMENDMENT - CHAPTER 372 - BOUNCER LAW (ITEM NO. 112, C.C.P., SEPT. 5, 2006) ITEM NO. 119, C.C.P., OCT. 3, 2006) Mr. Fontana moved that the above item be recommitted to the Committee on legislation ADOPTED NO. 74 RESTAURANT DANCING CLASS 111 - 533 AMHERST STREET (ITEM NO. 29, C.C.P., OCT. 3, 2006) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III license to Leonard Broncato, located at 533 Amherst Street (Niagara Frontier Post # 1041 ). PASSED AYES - 9 NOES -0 0 161W1.1 R. FONTANA -E.. DEV. CO.- AMENDMENT -URB. REN. PLAN -S. DIVISION, SWAN & MICHIGAN AVE. ( #43,5/2) That the above item be, and the same hereby is recommitted to the Committee on Legislation ADOPTED NO. 76 L. KELLY -REQ. DEMO. -71 & 73 LOUISIANA ( #50,6/27) That the above item be, and the same hereby is received and filed. ADOPTED NO. 77 FOOD STORE LICENSE -900 MAIN ( #96,5/2) ( #105,3/21)( #41,10/18) (ELL) (PERMITS /INSP.) ( #139,7/25) That the above item be, and the same hereby is received and filed. ADOPTED NO. 78 FOOD STORE LICENSE -357 SWAN ( #84,11/1) (#42,10/18) (ELL) (PERMITS /INSP.) ( #140,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 79 B DAVIS NORTH PEARL STREET BLOCK CLUB #82, 9/5 That the above item be, and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 80 SENECA NATION GAMING CORPORATION (ITEM NO. 115, C.C.P., MAY 2, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 81 SENECA BUFFALO CREEK CASINO - ROW IMPROVEMENTS (ITEM NO. 25, C.C.P., JAN. 10, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 82 LEARNING FROM THE NIAGARA FALLS CASINO EXPERIENCE (ITEM NO. 125, C.C.P., OCT. 4, 2005) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 83 LIMITING THE AMOUNT OF SOVEREIGN LAND FOR A BUFFALO CASINO (ITEM NO. 119, C.C.P., APR. 4, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 84 SENECA NATION OF INDIANS - COMPLETE A FULL ENVIRONMENTAL ASSESSMENT FORM PART 1 (ITEM NO. 126, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 85 BUFFALO CASINO (ITEM NO. 74, 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 above - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 86 SENECA NATION OF INDIANS - PROPOSED AGREEMENT TO ACQUIRE FULTON STREET (ITEM NO. 95, 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 - mentioned item be and the same is hereby received and filed. ADOPTED. NO. 87 M. KEARNS - ARTVOICE ARTICLE -S. SIEGEL- INFO. - SENECA GAMING CORP. ( #76,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 88 M. KEARNS -D. FLOOD & O -OPP. COMM. FIELD HOUSE COMPLEX ( #93,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 89 RESULTS OF NEGOTIATIONS -3300 BAILEY (UNIV.) (STRAT. PLAN.) ( #10,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 90 By: Mr. Bonifacio ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -4. Emergency medical service apparatus and equipment recovery. The Commissioner of Fire shall establish a schedule of reasonable fees to recover the costs to the Department for the use of apparatus and equipment in the provision of emergency medical services incurred which are above and beyond the normal range of service. The fee shall be charged to the insurance carrier of the rescued individual or entity. In no instance shall rescue and response services be denied for lack of an insurance carrier. The rate for apparatus and equipment shall be established by the Commissioner of Fire and shall be filed with the City Clerk's office. The list of rescue and response services provided herein is not all inclusive and may be expanded at the discretion of the Commissioner. LIGHT -DUTY VEHICULAR ACCIDENT [$350.00] $450.00 Circumstances requiring traffic control, control of small fluid leaks, vehicle stabilization, accident scene safety, use of minor tools, patient care and stabilization. HEAVY -DUTY VEHICULAR ACCIDENT [S600.00] $700.00 Circumstances requiring hydraulic equipment or specialized rescue techniques to aid the patient; circumstances requiring the assistance of another fire unit. INDUSTRIAL RESCUE RESPONSE [$700.00] $800.00 Circumstances carried out in an industrial setting, spills involving hazardous material, rescues that require additional equipment above the standard fire response. DESTROYED OR CONTAMINATED EQUIPMENT Any equipment which is destroyed or contaminated at the rescue or response scene will be charged at the full cost of replacement of the equipment. It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED. AYES -9. NOES -0. NO. 91 By: Mr. Kearns IDENTIFYING ALL CURRENT AND POSSIBLE FUTURE FUNDING SOURCES FOR THE HICKORY WOODS NEIGHBORHOOD Whereas: Hickory Woods is a neighborhood comprised of approximately 60 homes and is located adjacent to the former LTV Steel and Donner - Hannah Coke industrial sites, in South Buffalo; and Whereas: During the late 1980's and early 1990's, the land that is now Hickory Woods was purchased and developed by the City of Buffalo; and Whereas: Soon after residents moved into their new homes, materials suspected to be industrial waste were discovered; and Whereas: It has been a number of years since testing of the area by the New York State Department of Health and New York State Department of Environmental Conservation confirmed that hazardous contamination is present in and around Hickory Woods; and Whereas: Despite an ongoing New York State supervised clean up of several contaminated "hot- spots" within Hickory Woods, property values in Hickory Woods have plunged and the area has been "red - lined" by banks. Residents wishing to move out of their homes are unable to find buyers or face selling at a fraction of what they had originally paid. Additionally, many homes in Hickory Woods have been abandoned, lost to foreclosure or are now owned and operated by absentee landlords; and Whereas: South District Council Member Michael P. Kearns recently completed a survey of the residents of Hickory Woods, and a report summarizing his findings was filed on October 2" 2006 with this Honorable Body; and Whereas: This Hickory Woods Resident Survey was completed by sixty -five (65) homeowners and provides the City of Buffalo with information relating to the factors most important to residents in deciding whether they would like to remain in their homes or move, the approximate number of residents who currently plan on staying and those who plan on leaving, and improvements that residents feel could benefit the Hickory Woods neighborhood; and Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests that the City Divisions of Budget on behalf of the City, and the Office of Strategic Planning on behalf of the Buffalo Urban Renewal Agency and its related corporations, identify and provide a detailed accounting of the sources and uses of funds earmarked or to be solicited for the Hickory Woods neighborhood; and Now, Therefore, Be it Further Resolved That: The cited divisions file their response with the City Clerk in anticipation of the next meeting of the Common Council scheduled for October 31, 2006. ADOPTED 1 ST RESOLVE; REMAINING - REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS /INSPECTIONS. NO. 92 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 06 - DEPARTMENT OF ASSESSMENT 1047 -ASSESSMENT 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 06 - Department of Assessment, 1047 - Assessment, which currently reads: 1 Senior Tax Administrator $59,650 Is hereby amended to read: 1 Senior Tax Administrator $50,487- 59,650 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. BRUNA MICHAUX, COMMISSIONER OF ASSESSMENT AND DONNA 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 Alisa A. Lukasiewicz Corporation Counsel REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 93 By: Ms. Russell: PROPOSED ROOFTOP ANTENNA SUBLEASE /GLORIA J. PARKS COMMUNITY CENTER Whereas: The University Heights Community Development Association, Inc. ( "Gloria J. Parks Community Center ") is interested in entering into a sublease arrangement for a Rooftop Lease with Option with Omnipoint Communications, Inc. (7-Mobile") under which Gloria J. Parks Community Center would be paid $1,500.00 per month rent to allow T- Mobile antenna /communications equipment to be placed and kept in operation on the rooftop of the Gloria J. Parks Community Center at 3242 Main Street; and Whereas: The City of Buffalo owns the 3242 Main Street property, and under the existing lease of 3242 Main Street from the City of Buffalo to the Gloria J. Parks Community Center such a sublease is permitted only with the City of Buffalo's written approval; and Whereas: A request is hereby made that the City of Buffalo consent in writing to the proposed sublease of rooftop space to T- Mobile; and Whereas: The main terms and provisions of the proposed rooftop sublease to T- Mobile would be as follows: 1. Option to lease for an option period of up to one year in order to give T- Mobile time to gain formal permits and approvals for the installation and operation of the antenna /communications equipment. The option fee offered is a one time up -front payment of $2,000. 2. Five year initial sublease term with monthly rental of $1,500. 3. Five additional renewal terms of five (5) years each with rental increases of 15% for each such successive five (5) year renewal term. 4. Subject to the City of Buffalo Corporation Counsel's Office negotiation of other lease provisions as are appropriate and as are acceptable to the Corporation Counsel's Office. Subject further to the Department of Public Works' receipt, review and approval of the details of the proposed antenna /communications equipment and the plans and specifications and methods of installation of the proposed antenna /communications equipment. Now Therefore Be It Resolved: That the Common Council hereby approves a rooftop antenna /communications subleasing arrangement on the above terms and conditions by the Gloria J. Parks Community Center to T- Mobile and that the Gloria J. Parks Community Center further be hereby authorized to collection the $2,000 option fee and any and all rentals payable under the sublease so long as the Gloria J. Parks Community Center remains a tenant of the City at and occupies the 3242 Main Street premises and operates and functions at said premises as a community center in substantially the same manner as it currently operates and functions; and Be It Further Resolved: That the Common Council hereby directs the Corporation Counsel to facilitate, negotiate and finalize the sublease and related documentation all as is necessary to effectuate the sublease and the intentions of this Resolution; and Be It Finally Resolved: That the Common Council hereby authorizes the Mayor and or the Gloria J. Parks Community Center to execute any and all documents necessary to effectuate the sublease once they are negotiated drafted, finalized and approved as to form, as appropriate and as applicable, by the Corporation Counsel. PASSED. AYES -9. NOES -0. NO. 94 By: Mr. Thompson REQUEST TO OPEN UP EMERGENCY ASSISTANCE PROGRAM TO ROOFING REPAIRS Whereas: The City of Buffalo and Western New York is looked upon favorably throughout the country for its affordable housing and local culture; and Whereas: Proper steps should be taken to enhance the experience and provide ample information to homeowners on available services, and Whereas: The City of Buffalo Emergency Assistance Program is currently open for water main repair, furnace replacement, and more; and Whereas: Each Council Office has been bombarded at different times from residents inquiring about assistance for roof replacement, especially among elderly and the disabled; and Whereas: Individuals inquiring about available funding are usually on fixed or limited income, not being able to afford to pay for repairs. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Office of Strategic Planning appropriate funding for the Emergency Assistance Program for Roof Repair and Replacement; and Now, Therefore Be It Finally Resolved That: This Common Council also hereby requests that this item be referred to the Committee on Community Development, in addition to seeking responses from each Councilmember, the Office of Strategic Planning, and local Community -Based Organizations such as: FLARE, Belmont Shelter, South Buffalo Weatherization, Broadway Fillmore Neighborhood, Kensington Bailey Neighborhood Housing, and others for the next Common Council Meeting scheduled for Tuesday, October 31, 2006. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS. NO. 95 By: Mr. Thompson REQUEST FOR A SPECIAL PUBLIC HEARING ON HAZARDOUS MATERIALS TRANSPORTATION Whereas: In a time of heightened terrorism risk we must take proactive steps to address the health, safety and welfare of our citizens; and Whereas: A terrorist attack on a hazardous material shipment such as chlorine near the City of Buffalo could cause thousands of deaths; and Whereas: Requiring permits for ultra- hazardous shipments that include safety measures such as time -of -day restrictions, security and safety escorts, and bonding requirements would increase public safety and impose no significant burden on interstate commerce; and Whereas: Chemicals that are toxic represent a potential for mass casualties that is rivaled only by nuclear devices, yet rail tankers and trucks filled with deadly chemicals roll through our major cities every day over unprotected and unguarded rails and highways, with no warning to our communities; and Whereas: That the Buffalo Common Council supports taking proactive steps to protect the health, safety and welfare of its citizens from the threats associated with the transportation of ultra hazardous materials. Now, Therefore Be It Resolved That: This Common Council hereby requests that the Buffalo Police Department, the Buffalo Fire Department, Disaster Preparedness Office /Homeland Security, Citizen Preparedness Center, CSX Rail, and Con Rail host a public hearing to be scheduled for 6:OOpm on Monday, November 13, 2006 to address their current strategies, offer preventive measures, and to clarify any public misconceptions; and REFERRED TO COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS. NO. 96 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 Christian Heritage Festival By All Councilmembers In Memoriam for Lance Corporal Howard S. March, Jr. By Councilmembers Davis & Thompson ADOPTED. NO. 97 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, Oct. 24, 2006 at 9:45 o'clock A.M. Committee on Finance Tuesday, Oct. 24, 2006 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Oct 24, 2006 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Oct 24, 2006 at 2:00 o'clock P.M. Special Committees Claims Wednesday, Oct. 25, 2006 at 11:00 o'clock A.M. in Common Council Chambers. Special Public Hearing Thursday, October 26, 2006 at 6:00 p.m. in the Common Council Chambers - Seneca Erie Gaming Corporation's proposed request for the Abandonment /Sale of a Portion of Fulton Street between Michigan Avenue and Marvin Street (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. 98 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 2:30 p.m. GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #9 Office of the Mayor -201 City Hall October 19, 2006 Present: David A. Franczyk, Council President; Anne Forti - Sciarrino, Deputy Comptroller; Ilo Noble for Alisa A. Lukasiewicz, Corporation Counsel -3 Absent: Byron W. Brown, Mayor; M. Lombardo, Fire Comm.; H. McCarthy Gipson, Police Comm. -3 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2006 amounting to $5,610.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of October 2006 amounting to $5,630.00, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 3 On motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 a.m.