HomeMy WebLinkAbout06-1031 (2)No.20
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 31, 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 * **
* *OCTOBER 31, 2006 **
MAYOR
1 -A. State of Emergency- Extension - 10/28/06 R &F
2 -1. State of Emergency- Extension - 10/18/06 R &F
3 -2. do -do - 10/23/06 R &F
MAYOR - EXECUTIVE
4 -3. Plan. Bd. -107 Delaware Avenue - Statler Towers Renovation -SEQR
APP
5 -4. do -Env. Review - Proposed Agreement w /Seneca Nation
R &F
64A. do - Riverwright Energy Ethanol Plant
CD
7 -5. Strat. Plan.- Emergency Rehab. Program
R &F
8 -6. do - Hickory Woods
CD
9 -7. do - Results of Neg. -28 Sherwood (Niagara)
APP
10 -8. do - Transfer Portion of 37 Kane & Portion of 52 Kane from New Opp. Comm. Hsg.
Dev. -Corp. to COB (Ell)
FIN, CC
COUNCIL PRESIDENT
11 -9. SEQR Process for SEGC Agreement
R &F
PUBLIC WORKS, PARKS & STREETS
12 -10. Bids -Fire Engine 422 -1522 Broadway -Roof Reconst. -Job 4662 (Fill)
APP
13 -11. do - Emerg. Water Svs. Replacement -Fire Engine 25, Ladder 10 (Seneca & Southside)
Job 4663 (So)
APP
14 -12. Change in Contract - Delavan Fillmore Fire Station Const. -Job 40433 (Masten)$234,760.19
APP
15 -13. do -do -Job 40433
(Masten)$1,499,680.59
APP
16 -13A. do - Emergency Repairs -John W. Danforth Co.- Contr. 492011113 (Ell)
APP
17 -14. Bflo /Seneca Erie Gaming Corp.- City's Water Distribution System
R &F
18 -15. Grass Cutting Invoice Transfers
APP
19 -16. Req. Ext. of Agreement - Apollo Media Center
APP
20 -17. Resolution for NYSDEC -Tree Planting Cost Share Grant for Urban/Comm. Forestry (No)
R &F
21 -18. Review of Proposed Agreement with the Seneca Nation
R &F
POLICE
22 -19. Appts.- Detective (Contingent Perm) (Max) (Hrynczak, etc.)
CS
23 -20. do -do (Ross, etc.)
CS
24 -21. do -do (Perm) (Ross, etc.)
CS
25 -22. do -do (do) (Ahmed, etc.)
CS
26 -23. Appt. -Report Technician (Max)
CS
CORPORATION COUNSEL
27 -24. Response -Fire Comm.- Seneca Erie Gaming Agreement
R &F
28 -25. do - Police Comm.- Seneca Erie Gaming Agreement
R &F
29 -26 do -Co. of Erie -L. Rubin -GML 239 -m of Proposed Casino Development
R &F
30 -27. do -do -K. Wheaton- Casino Project- Abandonment of Fulton St.
R &F
31 -28. Law Dept. Response to Co. of Erie L. Rubin -GML 239 -m of Proposed Casino Dev.
R &F
32 -29. do K. Wheaton- Casino Project- Abandonment of Fulton St.
R &F
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
33 -30. Food Store License -388 Paderewski Dr. ( Fillmore)
LEG
34 -31. Used Car Dealer -270 Abbott (So)
COMMUNITY SERVICES & RECREATIONAL PROGRAMMING
35 -32. Req. Perm. Accept $20,000 Grant from Greater Bflo. Comm. Foundation/$6,500
Grant /Donation from Mayor's Fund to Advance Buffalo
36 -33. Year 32 Comm. Dev. Quarterly Reports (May through July 2006) R &F
HUMAN RESOURCES
37 -34. Req. for Info. - Emerg. Med. Svs. Coordinator CS
38 -35. Appt. - Personnel Assistant (Civil Service) (Inter) CS
CITY C'.I ,FR K
39 -36. Liquor License Applications
40 -37. Leaves of Absence
41 -38. Reports of Attendance
42 -39. Notices of Appointments - S
43 -40. Notices of Appointments - Temp. /Prow. /Perm.
CS
MISCELLANEOUS
APP
44 -40A. J. Azzarella- Elmwood Village Assn.- Opposition to Casino
R &F
45 -41. D. Bonifacio -Bflo. Civic Auto Ramps
FIN
46 -42. do - Mayor's Anti- Flipping Task Force First Year Report
R &F
47 -42A. do - Opinion of Supreme Court-City of Sherrill, NY vs. Oneida Indian Nation of NY et alR
&F
48 -42B. do - Responses to Comments /Issues Raised in 10/26/06 Comm. To Common Council
R &F
49 -43. B. Davis -BMHA Comprehensive Management Report
FIN
50 -44. R. Fontana - Paving Req. for Used Car Dealers
R &F
51 -44A. N. Joslin- Opposition to Public Gambling /Expansion
R &F
52 -45. M. Kearns -News Article- Seneca Gaming Casino
R &F
53 -46. R. Kresse - Appraisal of Fulton Street
R &F
54 -46A. J. Stevenson - Comments - Casino
R &F
55 -46B. J. Rozanski- Comments - Abandonment /Sale of Fulton St. -Pub. Hrg.
R &F
56 -46C. J. Schultz, Jr. & W. Pacer, Jr.- Comments - Casino
R &F
57 -46D. C. Schultz- Opposition to Buffalo Creek Casino
R &F
58 -46E. J. Rose - Opposition to Casino
R &F
59 -47. D. Thompson- Chapter 96 of the Code of the COB
LEG, PW
60 -47A. D. Warren -Prop. Agreement w /Seneca Erie Gaming Corp., Seneca Gaming Corp. & Seneca
Determination of Significance Pursuant to the State Env. Quality Review
Nation
R &F
61 -48. P. Wolf- Appendix A -SEQR -Full Env. Assessment Form- Seneca Erie Gaming Corp. Agreement_R
&F
PETITIONS
62 -49. B. Daddis, Agent, Use 133 Hopkins- Ground Sign (So)(No Pub Hrg Req) LEG, CP BD
63 -50. L. McClive, Agent, Use Var. Downtown Loc. -10 Freestanding Signs (Ell) (No Pub Hrg Req)LEG, CP BD
RESOLUTIONS
105 -50A. Bonifacio Req. State Env. Quality Rev. to thoroughly study the impacts of Peace
R &F
R &F
APP
Act ( "SEQR ") for the Abandonment/Sale of Fulton Street & Prop
Bridge Exp.Project on COB and retain alternatives
APP
106 -51.
Davis
Ord. Amend - Chapter 137 Code Enforcement (Bouncers)
LEG
107 -52.
do
do - Chapter 175 -Fees (Bouncer Law)
LEG
108 -53.
do
do - Chapter 372 - Bouncer Law
LEG
109 -53A. do
Req. New Ellicott Urb. Renewal Plan Prior to Aug. 2007 Expiration
ADPT 1 ST RES.; REM -CD, PLAN BD, EDPI
110 -53B. do
Req. NYSDOT to install Approp. Signage for Dr. Martin Luther King Jr. Expressway
(Former Kensington Expressway)
ADOPT
111 -54.
Fontana
Vacant Lots Being Charged a User Fee FIN, PW, ASSESS/TAX, CC
112 -55.
Franczyk Block Loans for Out of Town Landlords - ADOPT 1 ST RES; REM -FIN
113 -56.
do
Determination of Significance Pursuant to the State Env. Quality Review
R &F
R &F
APP
Act ( "SEQR ") for the Abandonment/Sale of Fulton Street & Prop
Agree. Between COB, Seneca Gaming Corp., Seneca Erie Gaming Corp
119 -62. Kearns Asking City Compt. Formally Req. in Writing -Opp. To Inspect /Copy
Books /Records of Steelfields, Ltd. Pertaining to Value Prot. Plan -
Hickory Woods ADPT 1 ST RES; REM -CD, CC, EDPI
120 -63. do Recognizing Cheer Central USA/2006 International Freedom Challenge ADOPT
121 -64. Thompson Comm. Of Deeds ADOPT
122 -65. do do ADOPT
TABLE ITEMS
& Seneca Nation of Indians
ADOPT
114 -57.
do
Abandonment /Sale of Fulton St. /Appr. Of Proposed Agreement betw.
124 - 463
10/17
Abandonment/Sale of Portion of Fulton Street (Fillmore) (Plan
COB, Seneca Gaming Corp., Seneca Erie Gaming Corp. & Seneca
Bd.)( 43,7/25)
Nation of Indians
APP
115 -58.
do
Preservation Board Appointment
LEG, COLL
116 -59.
do
Prevent Cutting Down of Healthy Trees ADOPT 1 ST RES.; REM -PW, AFUI
117 -60.
Golombek
Support of Elmwood Village Assn.'s Application for Tree Planting Grant
APP
118 -61.
do
Support Various Grant Applications for Urban & Comm. Forestry in the
COB
APP
119 -62. Kearns Asking City Compt. Formally Req. in Writing -Opp. To Inspect /Copy
Books /Records of Steelfields, Ltd. Pertaining to Value Prot. Plan -
Hickory Woods ADPT 1 ST RES; REM -CD, CC, EDPI
120 -63. do Recognizing Cheer Central USA/2006 International Freedom Challenge ADOPT
121 -64. Thompson Comm. Of Deeds ADOPT
122 -65. do do ADOPT
TABLE ITEMS
123 - 462
10/17
Abandonment/Sale Portion of Fulton Street (Fillmore)( 43,7/11)
R &F
124 - 463
10/17
Abandonment/Sale of Portion of Fulton Street (Fillmore) (Plan
Bd.)( 43,7/25)
R &F
125 - 464
10/17
Lead Agency Status - SEQRA Solicitation - Fulton St. Project
(CP)(418,9/5)
R &F
126 - 465
10/17
SEQRA Abandonment/Sale of Portion of Fulton St. (PW) ( 430,7/25)
R &F
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CLAIMS
75 -6. Com 2 Oct 17 Prop. Agree. With Seneca Erie Gaming Corp.- Seneca Gaming
Corp. & Seneca Nation (Mayor) R &F
76 -7. Com 28 Oct 17 Gen. Municipal Law 239 -m- Referral for Casino Related Actions
(Law) R &F
77 -8. No 66 Oct 17 A Eszak -EC -Gen. Municipal Law 239m Referral for Casino Rel.
Actions ( 486,9/5) R &F
78 -9. Com 48 Oct 17 R. Shah - Seneca Erie Gaming Corp.- Materials to Assist City in its
PERSONAL INJURY
64- A
1
Zakea Williams P/N /G. Aaron James & Kahel Suttles v. COB
$ 5,000.00 APP
A
2
Michael Reilly v. COB
$ 3,000.00 APP
PROPERTY DAMAGE
B
1
Mary Lou Bragg, 176 Davidson Ave., Bflo. 14215
$ 3,185.37 APP
B
2
Joanne Degree, 297 Riley St., Bflo. 14208
$ 112.00 APP
B
3
Rickey L. Jones, 135 Kaufinan Ave., Tonawanda 14150
$ 380.61 APP
65- B
4
Chris Mutignam, 1974 Niagara St., Bflo. 14207
$ 70.70 APP
B
5
Albino A. Principe, 6 Granger Place, Bflo. 14222
$ 2,572.49 APP
B
6
Nancy Skinner, 167 Alabama St., Bflo. 14204
$ 425.00 APP
B
7
Joseph Zappia, 34 Campus Drive, W. Seneca 14224
$ 179.44 APP
MISCELLANEOUS
INVOICE
C
1
ABG Associates, PO Box 0119, Marilla 14102
$ 165.00 APP
C
2
ABG Associates, PO Box 0119, Marilla 14102
$ 232.50 APP
C
3
ABG Associates, PO Box 0119, Marilla 14102
$ 165.00 APP
66- C
4
Block, Colucci, Notaro & Laing, PC, One Niagara Sq., Bflo. 14202
$ 31,051.00 APP
C
5
Bond, Schoeneck & King, One Lincoln Ctr., Syracuse 13202
$ 4,009.97 APP
C
6
Buffalo News, One News Plaza, Buffalo 14240
$ 1,731.79 APP
C
7
CEF Enterprise, 326 Plymouth Ave., Bflo. 14213
$ 900.00 APP
C
8
Creighton, Pearce, Johnsen & Giroux, 560 Ell. Sq. Bldg., 295 Main St. Bflo.03
$ 5,190.00 APP
C
9
Dival Safety, 1721 Niagara St., Bflo. 14207
$ 1,170.50 APP
67- C
10
Grantmakers Advantage, 7 Marina Park South, Bflo. 14202
$ 1,000.00 APP
C
11
Modern Landfill, 4746 Model City Rd, Model City 14107
$ 147.50 APP
68- C
12
Phillips Lytle LLP, 3400 HSBC Ctr., Bflo. 14203
$ 45,778.45 APP
C
13
Phillips Lytle LLP, 3400 HSBC Ctr., Bflo. 14203
$ 95.94 APP
ADDENDUM
E
1
Rita Massey, 217 Oxford Ave., Bflo. 14209
$ 40.00 APP
69- E
2
Jon M. Rouse, 65 Gerald Place, Bflo. 14215
$ 70.00 APP
E
3
Donald Herbert c/o Linda Herbert as Vol Adm of Est. 140 Durant, Bflo 14220
$ 19,936.71 APP
E
4
Christopher Dill: c/o Dawnmarie Gill, 189 Somerville Ave., Tona 14209 his wife
25,000.00 APP
CIVIL
SERVICE
70 -1. Com
9 Oct 17 Appt.- System Analyst (Inter 42) (MIS)
APP
71 -2. Com
10 Oct 17 Appt.- System Analyst (Inter 43) (MIS)
APP
72 -3. Com
32 Oct 17 Appt. -Sr. Spec. Asst. to Comm. Of Ec. Dev., Permit & Insp. Svs.
Max) (EDPI)
APP
73 -4. Com
39 Oct 17 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
74 -5. Com
26 Oct 17 Residency Waiver -M. Mazurowski -EMS Coordinator (Fire)
R &F
FINANC
F.
75 -6. Com 2 Oct 17 Prop. Agree. With Seneca Erie Gaming Corp.- Seneca Gaming
Corp. & Seneca Nation (Mayor) R &F
76 -7. Com 28 Oct 17 Gen. Municipal Law 239 -m- Referral for Casino Related Actions
(Law) R &F
77 -8. No 66 Oct 17 A Eszak -EC -Gen. Municipal Law 239m Referral for Casino Rel.
Actions ( 486,9/5) R &F
78 -9. Com 48 Oct 17 R. Shah - Seneca Erie Gaming Corp.- Materials to Assist City in its
79 -10. Com 7 Oct 17
80 -11. Com 24 Oct 17
81 -12. No 45 Oct 17
82 -13. No 67 Oct 17
83 -14. No 60 May 16
LEGISLATION
84 -15. Res 156 Oct 3
85 -16. Com 35 Oct 17
86 -17. No 50 Oct 17
87 -18. Res 95 Oct 17
88 -19. Com 22 Oct 17
89 -20. Res 144 Oct 3
90 -21. Res 167 July 25
91 -22. No 73 Oct 17
92 -23. Com 17 Oct 17
93 -24. No 68 Oct 3
Review /Approval of Prop. Agree. R &F
Response to L. Grear -Est. Eva Ann Lidge -Deed in Lieu of
Foreclosure -150 & 152 Pratt (Ell) (Strat. Plan) R &F
Utility Easement Agree. -Natl. Grid for Use of 2827 Main St. -Sch.
4200 (Masten) (PW) R &F
P. Haberstro -Req. Appr. Ext. of Agreement between Wellness
Institute & Dept. Public Works R &F
Contract for Fire Promotional Exams ( 469,9/5) (HR) RECOMMIT
B. Davis -L. Grear -Est. of E. Lidge -Deed in lieu of Foreclosure -150
& 152 Pratt St. R &F
Name George J. Hartman Fields Football Field in honor of "Paul
Fitzpatrick "(Exc. 1 & 2 Res) (Hrg. 10/31)
Notice of Intention -Name George J. Hartman Fields Football Field
in Honor of "Paul Fitzpatrick"
R. Santoro, Agt., Use 75 Hickory - Freestanding Signs (Ell) (No Pub
Hrg Req)
APP
Req. for Spec. Pub. Hrg. On Haz. Materials Transportation R &F
Ord. Amend. 496- Bonds /Contracts - Apprenticeship Program
$100,000 Limit (PW) R &F
Ord. Amend.- Chapter 16- Finance APP
Ord. Amendment Chapter 16- Finance Article VII R &F
Ord. Amend.- Chapter 372, Bouncer Law (Bouncer Law of
2006)( 4119,10/3) ( 4112,9/5) R &F
Encroachment into City ROW -329 Franklin St. (PW) RECOMMIT
R. Santoro, Agt., Use 187 Southside- Ground Sign (So) (No Pub Hrg
Req) APP
94 -25. Res
157
Oct 3
Having Council Rep. Serve on EC Harbor Dev. Corp.(Exc. 1 & 2
COMMUNITY
DEVELOPMENT
Res)
WATERFRONT
95 -26. Com
21
Oct 3
Signage With City ROW -Var. Locations (PW)
APP
96 -27. No
84
Sept 5
B. Davis -West Side Market -255 Carolina St.
R &F
97 -28. No
85
Sept 5
B. Davis -Bflo. Academy of Science Charter School
R &F
98 -29. No 64 Apr 4 B. Davis -G. Gawrys -Req. "No Pkg. Betw. Signs" Designation -254
Franklin
R &F
COMMUNITY
DEVELOPMENT
99 -30. No
40
Oct 17
D. Bonifacio - Scoping Document /Alt. Screening Rpt. -Peace Bridge
Exp. Project
APP
100 -31. Res
153
Oct 3
NFTA Transferring Outer Harbor Land to EC Harbor Dev. Corp.
ADOPT
101 -32. No
59
Oct 3
M. LoCurto -The Micropark Revolution
R &F
102 -33. No
86
July 25
R. Tylicki -NFTA ROW Near Starin Avenue
R &F
103 -34. No
35
Apr 5
D. Bonifacio- Northern Shared Border Gateway
R &F
104 -35. No
80
Sept 5
D. Bonifacio -S. Hoyt -Letter to M. Chertoff - Shared Border Mgmt.-
Peace Bridge
R &F
R &F
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 31, 2006
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana,
Golombek, Kearns, LoCurto, Russell and Thompson — 9.
ABSENT —None
On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on October 17.
2006 were approved.
FROM THE MAYOR
No. 1
STATE OF EMERGENCY
EXTENSION 10/28/2006
The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006 and October
23, 2006 is hereby extended as of October 28, 2006 pursuant to Section 24 of the New York State Executive Law.
This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006.
This situation continues to threaten 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 the City of Buffalo to take whatever steps necessary
to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary.
RECEIVED AND FILED
NO. 2
STATE OF EMERGENCY
EXTENSION 10/18/2006
The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m. is hereby extended as of
October 18, 2006 pursuant to Section 24 of
the New York State Executive Law.
This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006.
This situation continues to threaten 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 the City of Buffalo to take whatever steps necessary
to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary.
RECEIVED AND FILED
NO. 3
STATE OF EMERGENCY
EXTENSION 10/23/2006
The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m. and October 18, 2006 is hereby
extended as of October 23, 2006 pursuant to Section 24 of the New York State Executive Law.
This State of Emergency has been declared due to hazardous conditions that remain from the storm of October 12, 2006.
This situation continues to threaten 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 the City of Buffalo to take whatever steps necessary
to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 4
107 Delaware Avenue, Statler Towers Renovation SEQR
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 by SEQR is a type 1 action for which a coordinated review will be completed. As per section 617.6
of the regulations, an agency responsible for determining the effect of this project on the environment must designate from
among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo
Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your
review.
If your agency has no objection to the designation of the City of Buffalo Planning Board
as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New York 14202.
The City of Buffalo Common Council accepts and approves the designation of the Buffalo Planning Board as Lead
Agency for the above - referenced project.
Mr. Bonifacio moved:
That the above communication from the Mayor, dated October 18, 2006, be received and filed; and
That the Common Council hereby consents to the City of Buffalo Planning Board as Lead Agency for the 107 Delaware
Avenue, Statler Towers Renovation project.
Passed.
AYES — 9 NOES — 0
NO. 6
Environmental Review: Proposed
Agreement with Seneca Nation
The Planning Staff of the Office of Strategic Planning have reviewed the updated Full Environmental Assessment Form
( "EAF ") and the other environmental documentation (dated October 12, 2006) submitted by Seneca Erie Gaming
Corporation ( "SEGC ") relative to the above referenced project. The materials, prepared by a number of environmental
consultants, were extremely comprehensive for a project of this limited scope. SEGC provided a Full EAF, with expanded
information and documentation with respect to potential impacts to land, water, air, plants and animals, agricultural
resources, aesthetic resources, historic and archeological resources, open space, transportation and energy, etc. In
addition, the materials include geotechnical reports, a utility impact report, a cultural resource analysis and a draft of an
environmental assessment of the project area.
Overall, the submitted documentation provides a thorough analysis of potential environmental impacts associated with the
proposed agreement and the information supplied supports the issuance of a negative declaration under the State
Environmental Quality Review Act. That being said, the Planning Staff did identify some points that could use some
clarification and /or additional information from SEGC and their consultants.
I appeared before the Common Council at its Work Session on Wednesday, October 25, 2006, which was held to review
the EAF and related environmental documents. I provided the Council with our comments concerning the clarifications
and /or additional information we believe should be requested from SEGC. At the time, my office had not yet been
provided with a copy of the proposed agreement. We have since been provided with the proposed agreement and several
of the issues I raised with the Common Council are addressed by the terms of the proposed agreement. The following is a
description of the clarifications and /or additional information that Planning Staff believe that the Common Council, as lead
agency, should request from SEGC:
The EAF indicates that the project area is approximately 2.88 acres. While this appears to be comprised of the portion of
Fulton Street proposed for abandonment plus the surrounding roadway network, SEGC should be asked to clarify
exactly how the 2.88 figure was calculated. A map of the area highlighting this information would be extremely
useful. In addition, they should confirm that there are no trees or grassed areas along the portion of Fulton Street to
be abandoned.
The EAF makes reference to certain portions of Fulton Street being used for different purposes (open
space; parking; etc). SEGC should be asked to clarify the future use of Fulton Street. The simplest way
to do this would be to provide an overlay map showing the location of Fulton Street on the Casino
Rendering & Site Plan (Figure 8 of the Expanded Information and Documentation).
The environmental documentation does not provide much detail on how traffic will be re- routed during roadway
improvements. This information should be provided so that the Council may ensure that utility and roadway
construction impacts to the roadway network will be minimal. In addition, information should be provided on where
construction workers will park during utility and roadway construction activities.
The traffic impact study infers, but does not actually state, that the loss of the abandoned portion of Fulton Street will not
adversely impact the roadway network in the vicinity of the project area. This information should be confirmed by
SEGC's traffic engineers.
The environmental documentation references the possible discovery during construction activities of an underground
storage tank under the right of way of Chicago Street or the possible discovery of localized contamination. The
SEGC should be asked to explain what procedures will be followed in the event an underground storage tank is
discovered during roadway or utility work. In addition, the SEGC should be asked to explain what procedures will be
followed in the event contamination is discovered during subsurface work.
The utility changes will involve the removal of existing fire hydrants from Fulton Street. SEGC should explain what
provisions are available, or will be made available, for fire suppression during construction if fire hydrants on Fulton
Street are not available.
The utility and roadway improvements will temporarily generate noise and dust in close proximity to residential structures.
SEGC should provide details on how air quality will be protected during construction and on how noise from
construction will be managed.
The Appendices from the traffic study appear to be mislabeled and incomplete. A complete set of the appendices should
be provided by SEGC.
The report entitled Environmental Review of Project Area dated October 11, 2006 is labeled "DRAFT." A final report
should be provided by SEGC. In addition, the environmental database search report and historical sanborn maps,
which are referenced as attachments to this report, should be provided.
The EAF provided by SEGC does not include the City of Buffalo Addendum to the full environmental
assessment form. The addendum should be completed and provided by SEGC.
RECEIVED AND FILED
NO. 6
Riverwright Energy Ethanol Plant
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 by SEQR is a type 1 action for which a coordinated review will be completed. As per section 617.6
of the regulations, an agency responsible for determining the effect of this project on the environment must designate from
among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo
Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your
review.
If your agency has no objection to the designation of the City of Buffalo Planning Board as Lead Agency, please sign this
letter and return it to my office at Room 901 City Hall, Buffalo New York 14202.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 7
Emergency Rehab Program
Your Honorable Body has requested information regarding the emergency assistance program.
Please be advised that the Office of Strategic Planning has authorized Belmont to accept referrals for roof repair and
replacement, and furnace and hot water tank repair or replacement. The updated program guidelines, as presented earlier
this year, are attached. Please note that, while SBNHS and the Matt Urban Center may be utilized for emergency furnace
and hot water tank repairs, because of their extensive waiting lists, applicant may be referred to Belmont for assistance for
these items through the OSP program. The elderly, handicapped or very low income households will be considered for
roof work.
RECEIVED AND FILED
NO. 8
Hickory Woods
Your Honorable Body has requested information regarding funding opportunities for the Hickory Woods neighborhood.
Please be advised that there is currently $136,500 in Community Development Block Grant funding available for
remediation.
The City has also requested the allocation of $1,000,000 in HOME funds to fund a Fair Market Value Protection Plan for
the residents of Hickory Woods to cover any loss in value for properties located within this neighborhood, if such
properties are sold to low to moderate income persons. This funding has been requested from the United States
Department of Housing and Urban Development, and is predicated upon receipt of a report indicating the property has
been cleared environmentally.
In addition, the State has offered $500,000 for infrastructure improvements within this neighborhood.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 9
Results of Negotiations
28 Sherwood, 160'S Arkansas
Lot Size: 25' x 121'
Assessed Valuation: $4,000.
(Niagara District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 28 Sherwood from Mr.
Miguel Colon and Mrs. Maria Colon, 129 Fourteenth Street, Buffalo, New York 14213. Mr. and Mrs. Colon own a two
family house at 37 Herkimer, which is adjacent to 28 Sherwood. They intend to use the vacant parcel for additional yard
space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchasers.
The Division of Real Estate has investigated the sale of similar residential vacant parcels in the subject area. Sales prices
range from Fifty Cents ($ .50) to One Dollar and Fifteen Cents ($1.15) per square foot.
The results of our negotiations are that Mr. and Mrs. Colon have agreed and are prepared to pay Three Thousand Dollars
($3,000), One Dollar ($1.00) per square foot, for the subject property. Mr. and Mrs. Colon have also agreed to pay for the
cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 28 Sherwood in the amount of Three Thousand
Dollars ($3,000) to Mr. and Mrs. Colon. I am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 30, 2006, be
received and filed; and
That the offer from Mr. Miguel Colon and Mrs. Maria Colon, residing at
129 Fourteenth Street, in the sum of three thousand dollars ($3,000.00) for the purchase of 28 Sherwood, be and hereby
is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES — 0
NO. 10
Transfer Portion of 37 Kane (25 x 100) and Portion of
Of 52 Kane (25 x 100) From New Opportunities
Community Housing Development Corp. to the City of
Buffalo
Item No. 12, C.C.P. 6/31/2006
The Office of Strategic Planning, Division of Real Estate, has received a request from the Law Office of Damon & Morey
who represent New Opportunities Community Housing Development Corp. requesting to transfer back 2 - 25' strips of
land known as a portion 37 Kane and a portion of 52 Kane to the City of Buffalo.
Pursuant to Item No. 12, C.C.P. 5131/2005 and a deed filed on September 30, 2005 the City of Buffalo transferred
approximately 35 parcels to New Opportunities Community Housing Development Corp. under the Urban Homestead
Program for new housing construction. New Opportunities Community Housing Development Corp. has contacted the
Office of Strategic Planning advising that a portion of 37 Kane and a portion of 52 Kane are not needed for this project.
They are requesting that these parcels be transferred back to the City of Buffalo at this time for future development or
sale.
This office is recommending that Your Honorable Body approve the transfer of title to a portion of 37 Kane and a portion
of 52 Kane to the City of Buffalo, providing all taxes are paid in full, both parcels have a free and clear title and New
Opportunities Community Housing Development Corp. pays all costs associated with the transfer of title. We are also
recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
NO. 11
SEQR Process for SEGC Agreement
By letter dated July 25, 2006, 1 wrote to you on behalf of the Common Council providing notice to your agency that the
City of Buffalo Common Council intends to act as lead agency for purposes of the State Environmental Quality Review Act
and the City of Buffalo Environmental Review Ordinance (collectively "SEAR ") process for the proposed abandonment of
Fulton Street in the City of Buffalo. No other agency has contested the Common Council's declaration of its intent to act as
lead agency. Thus, The Common Council has properly been established as lead agency for this matter.
Over the last few months, negotiations between the City, Seneca Erie Gaming Corporation ( "SEGC ") and the Seneca
Nation have resulted in the development of a proposed agreement ( "SEGC Agreement ") relative to the abandonment of
Fulton Street. In exchange for abandoning and selling Fulton Street to the SEGC, SEGC and the Seneca Nation will agree
to certain assurances for the citizens of Western Now York relative to the operation of the Casino on the Buffalo Creek
Territory. Pursuant to the SEGC Agreement, the City will also 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 Common Council, as lead agency, is now conducting a SEQR review for the abandonment of Fulton Street and all
other municipal actions contemplated by the SEGC Agreement. Enclosed for your review and comment is an updated Full
Environmental Assessment Form as well as other environmental documentation relative to the actions contemplated by
the SEGC Agreement.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 12
Report of Bids
Fire Engine #22, 1622 Broadway
Roof Reconstruction
Job #0662
Fillmore District
I advertised for on October 3, 2006 and received the following formal proposals for Fire Engine #22, Roof Reconstruction,
on October 19, 2006.
Progressive Roofing, Inc. $57,500.00
331 Grote, Buffalo, NY
Jos. A. Sanders & Sons $81,677.00
99 -117 Lathrop, Buffalo, NY
Jameson Roofing Co. $84,120.00
106 Evans, Hamburg, NY
Grove Roofing $89,760.00
131 Reading, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc.,
with a bid of Fifty Seven Thousand Five Hundred and 00/100 Dollars ($57,500.00) 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 39320406 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 25, 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 Fire
Engine #22, 1522 Broadway, Roof Reconstruction, to Progressive Roofing, Inc, the lowest responsible bidder, in the
amount of $57,500.00. Funds for the project are available in 39320406 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 13
Report of Bids
Emergency Water Service Replacement
Fire Engine 26, Ladder 10 (Seneca & Southside)
Job #0663
South District
I asked for September 29, 2006 and received the following emergency bids for Fire Engine 25, Ladder 10 (Seneca &
Southside), Water Service Replacement. The Commissioner of Public Works, Parks & Streets has declared an
emergency for the Water Service Replacement at Fire Engine 25, Ladder 10 because there is no backflow preventer and
there is a sever leak in the unoccupied police station that will develop mold and general building damage. We also
received a notice from the Water Department regarding the poor quality of water at this location.
R P Mechanical $24,880.00
7165 Genesee, Springville, NY
W. C. Roberson Plmbg. & Htg. $32,000.00
602 E. Delavan, Buffalo, NY
Carino Plumbing DECLINED TO BID
419 Auburn, Buffalo, NY
Kandefer Plumbing DECLINED TO BID
2215 Broadway, Sloan, NY
Numarco, Inc. DECLINED TO BID
1021 Maple, Elma, NY
$24,888.00
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 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
Emergency Water Service Replacement, Fire Engine #25, Ladder 10 (Seneca & Southside), Job #0663, to RP
Mechanical, the lowest responsible bidder, in the amount of $24,888.00. Funds for the project are available in 39320406
445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 14
Change in Contract
Delavan Fillmore Fire Station
Construction
Job #0433
Masten District
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction,
Plumbing Work, L & D Johnson Plumbing & Heating, Inc., C #92010962).
1. Reimbursement from National Fuel gas bills from
12/7/05 through 01/10/06 which was paid by the City DEDUCT $2,744.11
2. Installation of stabilization brackets to water fill pipes in Apparatus Bay ADD $1,625.00
3. Replace kitchen faucet with goose neck faucet spout. ADD $ 217.00
The foregoing change results in a net decrease in the contract of Nine Hundred Two and 11/100 Dollars (- $902.11 ).
SUMMARY
Current Contract Amount $235,662.30
Amount of This Change Order ( #6) DEDUCT $ 902.11
Revised Contract Amount $234,760.19
Costs have been reviewed by the consulting architect (Foit Albert Associates) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062206 445100- Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 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. 6,
to L & D Johnson Plumbing & Heating, Inc., a decrease in the amount of $902.11, as more fully described in the above
communication, for work relating to Delavan Fillmore Fire Station, Construction, Plumbing Work, Job No. 0433, C
#92010962. Funds for this project are to be credited to 30062206 445100 - Buildings.
PASSED
AYES — 9 NOES — 0
NO. 16
Change in Contract
Delavan Fillmore Fire Station
Construction
Job #0433
Masten District
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction,
General Construction, Picone Construction Corp., C #92010963.
1. Furnish and install pressure treated wood blocking at 4 roof top
units supplied by mechanical contractor. ADD $1,88497
2. Delete rigid insulation at wall type WM -1 DEDUCT $ 281.07
3. Delete labor to install north side fencing. DEDUCT $1,375.00
4. Furnish and install "Buffalo Fire Department"
lettering on exterior of building. ADD $2,312.65
5. Credit for omitting floor leveling work. DEDUCT $1,000.00
Additional 66 cubic yards of backfill material based
upon unit price quotation in base bid. ADD $2,904.00
The foregoing change results in a net increase in the contract of Four Thousand Four Hundred Forty Five and 55/100
Dollars ($4,445.55).
SUMMARY
Current Contract Amount $1,495,235.04
Amount of This Change Order ( #7) ADD $ 4,445.55
Revised Contract Amount $1,499.680.59
Costs have been reviewed by the consulting architect (Foit Albert Associates) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 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. 7
to Picone Construction Corp., an increase in the amount of $4,445.55, as more fully described in the above
communication, for work relating to Delavan Fillmore Fire Station, General Construction, Job No. 0433, C #92010963.
Funds for this project are available in 30062206 445100 - Buildings.
PASSED
AYES — 9 NOES — 0
NO. 16
Change in Contract - emergency repair
John W. Danforth Company
Contract #92011113
Ellicott
I hereby submit to Your Honorable Body the following change order for this contract. This change order is due to an
emergency repair that was performed on the west sludge thickener at the Colonel Ward Water Treatment Plant. The
thickener is used to process solids that were removed as part of the water treatment process. There are two thickeners
and both are in need of repair, but only the west thickener was completely out of service leaving the plant with no
redundancy for the thickening process. These units are critical for the operation of the treatment plant. The contractor was
already on site and CRA (the engineering consultant) reviewed the construction costs and stated that the number were
fair and that the Division of Water should proceed with the work as soon as possible. The cost for the repair is $56,250.00.
Contract Amount: $12,671,531.25
This Change Order: $ 56,250.00
Total Contract $12,727,781.25
Funds are available in a Division of Water account 53200706.
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, Parks & Streets to
issue said change order to John W. Danforth Company. Permission is requested from Your Honorable Body to authorize
the increase in contract as stated above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 26, 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
John W. Danforth Company, an increase in the amount of $561250.00, as more fully described in the above
communication, for work relating to Colonel Ward Water Treatment Plant, C #92011113. Funds for this project are
available in 53200706;
PASSED
AYES — NOES — 0
NO. 17
ONFO SENECA GAMING CORP AGREE
WATER DISTRIBUTION SYSTEM
The Department of Public Works, Parks and Streets has reviewed the proposed agreement between the City of Buffalo
and the Seneca Erie Gaming Corporation. Please be advised that the proposed agreement and development will not have
any negative impact on the City's water distribution system. The system capacity is sufficient to service the proposed
development.
RECEIVED AND FILED
NO. 18
GRASS CUTTING INVOICE TRANSFERS
In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the
City of Buffalo, owners or persons having charge of such lands and the cost of cutting grass and weeds on these
properties by the Department of Public Works, Parks & Streets Division of Streets during the months of August and
September 2006.
The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated
from miscellaneous accounts receivable and that the Commissioner of Assessment & Taxation places the charge(s) on
the Local tax rolls.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 20, 2006, be
received and filed; and
That the invoices as attached to the above communication be abated from miscellaneous accounts receivable and that
the Commissioner of Assessment and Taxation be, and she hereby is authorized to place the charge(s) on the Local tax
roils for the 2007 Total in the amount of $5,775.00.
PASSED
AYES - 9 NOES -0
NO. 19
APOLLO MEDIA CENTER
COM 46 - OCTOBER, 17, 2006 -
REQUEST EXTENSION OF AGREEMENT- APOLLO MEDIA CENTER
The Department agrees with the request by the Wellness Institute to extend the agreement for the operation of the
Apollo Media Center and requests approval by this Honorable Body.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 25, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to extend the agreement with
the Wellness Institute for the operation of the Apollo Media Center.
PASSED
AYES - 9 NOES -0
NO. 20
RESOLUTION FOR NYSDEC
TREE PLANTING COST SHARE GRANT FOR
URBAN AND COMMUNITY FORESTRY
(NORTH)
This Department is currently applying for a $20,000.00 Tree Planting Cost -Share Grants for Urban and Community
Forestry from the New York State Department of Environmental Conservation.
In order for the City to receive the $20,000.00 matching grant, NYSDEC requires a resolution be approved as follows:
LET IT BE RESOLVED:
That Joseph N. Giambra, as the Commissioner of Public Works, Parks and Streets of the City of Buffalo, or such person's
successor in office is hereby authorized and directed to file an application for 50% matching funds in an amount not to
exceed $20,000.00, and upon approval of said request to enter into and execute a project agreement with the New York
State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a 2006 Tree
Planting Cost -Share Grant for Urban and Community Forestry in New York State.
RECEIVED AND FILED
NO. 21
REVIEW PROPOSED AGREEMENT WITH THE SENECA NATION
Appropriate staff and I reviewed the updated Environmental Assessment Form ( EAF )
and other environmental documentation (dated October 12, 2006) that was submitted by the Seneca Erie Gaming
Corporation "SEGC" in support of its Application for the City of Buffalo to abandon Fulton Street.
With respect to traffic impacts and the proposed improvements, we have reviewed the traffic study and met with
representatives of Wendel Engineers and FRA. This department accepts the general findings and recommendations of
the study. We believe that the traffic study adequately addresses the impacts of abandoning and closing Fulton Street to
vehicular traffic. In addition, we believe that the proposed transportation improvements will adequately address any future
traffic issues that may arise as a result of SEGC's development of the site.
With respect to utility impacts, we believe the proposed relocation plan is appropriate. Further details relative to the exact
location of the utility lines, roadway layout, and signal design and location will be addressed in conjunction with DOT
oversight of the Project. We also discussed and reviewed the possible abandonment of the water line currently running
under Fulton Street- Abandoning this line in place, without replacement, would not have any effect on water service to the
proposed development, or any future needs of the water system. In addition, because the sewage and water systems
were designed to support industrial uses, no improvements will be necessary to support SEGC's future development of
the site.
Please let me know if you need any additional information.
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
NO. 22
CERTIFICATE OF APPOINTMENT
Appointment effective 09/28/06 in the Department of Police, Division of Detective Division to the Position of Detective,
Contingent Permanent Promotion
At the flat starting salary of $59,909.00
Walter A. Hrveczek
1031 Townline Road, Lancaster NY 14086
Scott R. Melee, 20 Lorry Ddve, West Seneca. NY 14224
John G. Paradowski, 148 Sprucewood Terrace, Williamsville. NY 14221
REFERRED TO THE COMMITEE ON CIVIL SERVICE
NO. 23
CERTIFICATE OF APPOINTMENT
Appointment Effective: 09/16/06 in the Department of: Police, Division of Detective Division to the Position of: Detective
Contingent Permanent Promotion at the Flat Starting Salary of $ 59.909
Brian G Ross, 3836 Hill Road, Wheatfield. NY 14120
James L, O'Donnell, 981 East & West RoadWest Seneca, NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 24
CERTIFICATE OF APPOINTMENT
Appointment Effective: 09/25/06 in the Department of: Police, Division of Detective Division to the Position of: Detective
Permanent Promotion at the Flat Starting Salary of $ 59.909
Brian G Ross, 3836 Hill Road, Wheatfield. NY 14120
James L, O'Donnell, 981 East & West RoadWest Seneca, NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 25
CERTIFICATE OF APPOINTMENT
Appointment Effective: 09/25/06 in the Department of: Police, Division of Detective Division to the Position of: Detective
Permanent Promotion at the Flat Starting Salary of $ 59.909
Joseph S. Ahmed, 161 Della Drive, Lackawana, NY 14218
Sharon Acker, 5370 Seneca Street, West Seneca, NY 14224
Jeffrey R. Weyand, 338 Downing St, North Java, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective: 09/25/06 in the Department of: Police, Division of Administration and Finance to the Position of
Report Technician, Permanent Appointment at the maximum Starting Salary of $30,213.00
Rene Granda, 122 Ryan Street, Buffalo, NY 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 27
SENECA ERIE GAMING CORPORATION AGREEMENT
Dear Ms. Lukasiewicz:
Thank you for referring the Seneca Erie Gaming Corporation Agreement to my office on October 16, 2006.
1 have reviewed the agreement with my staff, and I do not believe that it will have any negative impact on the Buffalo Fire
Department's ability to handle fire or other emergencies in the area of the proposed casino or the City of Buffalo. We are
also confident that there will be sufficient access should Fulton Street be abandoned.
If you have any questions or concerns, please do not hesitate to contact me at 851 -5333.
Very truly yours,
Commissioner of Fire
Honorable Byron W. Brown Buffalo Common Council
RECEIVED AND FILED
NO. 28
SENECA ERIE GAMING CORPORATION AGREEMENT
Dear Ms. Lukasiewicz:
My office received your October 16, 2006 letter attaching the proposed agreement with the Seneca Erie Gaming
Corporation.
The Buffalo Police Department does not believe that the agreement will have a detrimental impact on our ability to police
the area of the proposed casino or throughout the City of Buffalo. As Commissioner of Police, I have every confidence
that we will be able to respond to any call in a timely and professional manner.
I am also comfortable that existing crowd control operating procedures can adequately address any large event at the
proposed casino site, should they be necessary, and we will certainly work with all interested parties if adjustments need
to be made in the future
If you have any questions or concerns, please do not hesitate to contact me at 851 -4571.
RECEIVED AND FILED
NO. 29
RESPONSE CO OF ERIE L. RUBIN GML 239 -M OF
PROPOSED CASINO DEVELOPMENT
Dear Ms. Lukasiewicz:
I am in receipt of your correspondence dated October 12, 2006 to Andrew Eszak, Erie County Commissioner of
Environment and Planning advising that you will not be undertaking a General Municipal Law (hereafter "GML ") section
239 -m referral of the proposed casino development. I am sorry I was unable to respond sooner. As you are aware, on
October 12, 2006, the City and the majority of the County were hit with a severe winter storm causing massive power
outages. Mr. Eszak has been working extensive hours at the County Emergency Operations Center since the storm.
Nonetheless, I felt it important that I respond as soon as possible to your correspondence and state the County's position.
Initially I am disappointed that the City has determined that it will not include the County in the review of this very
important development. It is our position that the GML 239 -m referral process is invoked under the facts and
circumstances now before us.
The City properly concluded that pursuant to section 239 -m of the GML, a referral to the County was required for this
development project. On August 1, 2006, the County received a copy of the Site Plan and Zoning referral seeking the
County's comments pursuant to that section from the Common Council. On August 29, 2006 Commissioner Eszak replied
to the referral setting forth the County's extensive analysis. The City representatives were advised at that time that the
statement of the proposed action was deficient. The County further advised that the referral itself was not sufficient since it
did not include the documents required pursuant to the statute.
I next received your correspondence of October 12, 2006 advising that the City had changed its mind and determined that
the County's input on the review of this rather extensive project is unnecessary, although you welcomed the County's
comments. The City is now taking the position that a referral is not required pursuant to General Municipal Law.
We feel that a proper review of the impacts of this development is a critical step in a determination of the City's, and thus
the County's, future positions regarding this project. The massive infrastructure changes, reallocation of land use, and
attendant increase in environmental impacts make this one of the more important projects to undertake environmental
review in recent times. Setting aside for a moment the question of whether the City is undertaking a sufficient
environmental review, I must insist that the City reconsider its position with regard to the County's role and reconsider
referring the matter to the County pursuant to GML 239 -m.
The County needs to play a role in the review of this project. Our office will be reviewing the County's options with regard
to seeking court intervention to prevent the transfer of Fulton Street in the absence of a proper GML 239 -m referral and
input from the County. It is my understanding that the Petitioners in the pending litigation are also considering their options
with regard to a preliminary injunction. As you are aware the County of Erie is a proposed intervenor in that action.
We at the County are anxious to work with the City in a way that will protect our mutual constituency as well as all County
residents. We may have disagreements with regard to the propriety of a gambling operation. We may have disagreements
as to what the impact of the current proposal may be. We should not, however, disagree as to the importance of a proper
review under statute and regulations. A proper review will allow for both appropriate public input as well as a reasoned
analysis of the potential environmental impacts
You have stated an intent to segment the environmental review of the transfer of Fulton Street from the full set of City
approvals and more significantly from the intent and purpose of the entire transaction which is the development of a
900,000 square foot facility. This is a clear violation of SEAR. We strongly urge you to reconsider your position and avoid
undertaking a course of action that is strikingly similar to the problems that the Buffalo and Erie County Bridge Authority
ran into several years ago that stopped that project.
I look forward to your response and hope that the City will reconsider its position on the issue of the applicability of
General Municipal Law 239 -m.
Very truly yours,
LAURENCE K. RUBIN
Erie County Attorney
RECEIVED AND FILED
NO. 30
CASINO PROJECT- ABANDONMENT OF FULTON STREET
On behalf of Laurence Rubin, I am writing to request copies of the documents that were enclosed with Rajat Shah's letter
to the Common Council dated October 12, 2006. Mr. Shah indicated that he was attaching a SEQR Part 1 Environmental
Assessment Form (EAF), supporting EAF information and documentation, cultural resource analysis and site condition
report. Mr. Shah further indicated that he also had a traffic impact study and utility impact report. Mr. Rubin would like
these materials so that he can give you a more reasoned opinion on segmentation which you requested in your letter of
October 12, 2006.
Thank you for your anticipated assistance.
Very truly yours,
RECEIVED AND FILED
NO. 31
GENERAL MUNICIPAL LAW 239 -M REFERRAL FOR CASINO RELATED ACTIONS:
Thank you for your letter of October 20, 2006 relative to the above - referenced matter. We certainly appreciate your
office's views on these important issues. The City of Buffalo agrees that the construction and operation of a casino on the
Buffalo Creek Territory is an extremely important project to the citizens of Western New York. For this reason, the City has
utilized the Senecas" request for the transfer of Fulton Street as a means to negotiate the Proposed Agreement
referenced in my previous letter. As you know, the Proposed Agreement, if approved, will embody certain assurances for
the citizens of Western New York relative to the Senecas" operation of the Casino on the Buffalo Creek Territory.
Importantly, these are assurances that are not provided for pursuant to the Compact between the Senecas and the State
of New York.
In terms of the need for a 239 -m referral for the Proposed Agreement, your letter correctly notes that the City originally
made a Site Plan and Zoning referral to the County. However, it is now clear that the City will not undertake any Site plan
review for the Casino, nor will any zoning actions be undertaken by the City relative to the Casino. The reason for this is
simple - the Buffalo Creek Territory is sovereign land and the City has no zoning or planning authority over the site.
In light of the above, the City has no authority to make a 239 -m referral to the County for the Proposed Agreement. Again,
while we agree that the Casino is an important project, the importance of this project in and of itself cannot be a
justification for making
a 239 -m referral. The law provides that a 239 -m referral shall be made for certain types of planning or zoning
determinations. If the County is aware of an - -- competent legal authority which establishes that a 239 -m referral is
required for the Proposed Agreement, we ask that you provide it to us so we may further consider your request.
In the absence of any such authority, SEQR is the apPropriate statute by which the County may participate in the review
of this matter. Hence, in my letter to you of October 12, 2006, I invited the County to participate in the SEQR process for
the Proposed Agreement as an interested agency, on behalf of the City, I would like to reiterate that invitation.
In terms of the SEQR process, you state on page 2 of your letter of October 20th that the City has "stated an intent to
segment the environmental review of the transfer of Fulton Street from the full set of City approvals and more significantly
from the intent and purpose of the entire transaction which is the development of a 900,000 s.f facility."
This is incorrect. As noted in my letter of October 12th, the City intends to complete an appropriate review of its actions as
contemplated in the Proposed Agreement pursuant to SEAR. This entails any and all City approvals associated with the
Proposed Agreement and will not be limited to the transfer of Fulton Street. In addition, the Common Council, as lead
agency, is exploring whether the construction and operation of the Casino may be segmented from the actions of the City
in accordance with SEAR. To date, no decision on this issue has been made by the Common Council.
As noted in my letter of October 12th, we are interested in the County's views on these issues. However, I would ask that
you refrain from simply making unsupported legal conclusions (as you did in your October 20th letter) such as "This is a
clear violation of SEAR." It would be far more helpful if you could articulate a basis for any views offered.
Finally, the City understands that your office is reviewing legal options and that the County may seek to litigate these and
other issues related to the Casino. We hope that you will carefully consider your legal positions before pursuing litigation.
We believe that if you do so, you will agree that the City has acted properly relative to the 239 -m referral. Further, it would
be a shame to waste scarce taxpayer dollars on Iitigafiori simply because you and /or the County Executive feel that the
Casino - - which the Governor and the New York State Legislature authorized pursuant to the Compact is a bad idea.
Please let me know if I can be of further assistance in this matter.
RECEIVED AND FILED
NO. 32
CASINO PROJECT - ABANDONMENT OF FULTON STREET DEAR KRISTIN:
A full set of the environmental documents requested in your letter dated October 23, 2006, were provided to
Commissioner Eszak of the County Department of Environment and Planning by cover letter dated October 18, 2006.
This information was provided to facilitate any comments the County may have as an interested Agency pursuant to
SEAR.
I trust that the provision of these materials to Commissioner Eszak fully satisfies your request. However, if the County
would like additional copies of the environmental documentation from the City, please contact my office and we will
attempt to facilitate such additional copies as necessary.
Very truly yours,
RECEIVED AND FILED
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT
PERMITS & INSPECTION SERVICES
NO. 33
FOOD STORE LICENSE
388 PADEREWSKI DR. (FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Food Store License located at 388 Paderewski Dr. and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office.
I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 34
USED CAR DEALER
270ABBOTT (SOUTH)
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 270 Abbott. 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
Kevin Olson. The attached thereto for Kevin Olson. d /b /a Kevin Olson Car & Truck Sales Inc. 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 18, 2006, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Kevin Olson d /b /a Kevin Olson Car
& Truck Sales Inc., located at 270 Abbott.
PASSED
AYES - 9 NOES -0
FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL
PROGRAMMING
NO. 36
REQUEST FOR PERMISSION TO ACCEPT A $20,000 GRANT FROM THE GREATER BUFFALO COMMUNITY
FOUNDATION AND A $6,600 GRANT /DONATION FROM THE MAYOR'S FUND TO ADVANCE BUFFALO
The Youth Services Division of the Community Services & Recreational Programming Department continues to be
successful in securing grant funding through various sources. We have received official confirmation from the Greater
Buffalo Community Foundation that we will be receiving a grant in the amount of $20,000. We have also received a
commitment of grants and /or donations from the Mayor's Fund to Advance Buffalo in the amount of $6,500. We are
hereby requesting permission from your Honorable Body to accept these funds.
Because of timing constraints and program and other requirements in connection with the use and actual application of
the funds intended, I respectfully request that Your Honorable Body consider this matter and approve this request at your
next meeting.
It is anticipates that the Greater Buffalo Community Foundation $20,000 grant proceeds will be used on a reimbursement
basis to cover the City's costs associated with the operations of the financial literacy peer training component of the
Mayor's Summer Internship Program. It is anticipated that the $6,500 in grant /donation proceeds from the Mayor's Fund to
Advance Buffalo will be used on a reimbursement basis to cover $5,000 in expenses for the Summer Internship Program's
youth in summer employment opportunities and $1,500 in expenses incurred in connection with The Mayor's Summer
Reading Challenge Program.
I am recommending that your Honorable Body authorize the Mayor or appropriate departmental personnel on behalf of
the City of Buffalo to enter into contracts or other appropriate arrangements and documentation with the above named
benefactors in order to actually receive and apply the funding and that Your Honorable Body further authorize the Mayor
or other appropriate departmental personnel to execute and fully process such contracts and all such additional
documentation as shall be necessary to expeditiously facilitate the grant /donation funding and that Your Honorable Body
direct the Corporation
Counsel to assist and help finalize said contracts and or other necessary documentation in a manner which is satisfactory
to the Corporation Counsel's office.
If you have any questions or require clarification of the above, please contact Otis T. Barker Sr. at (716) 851 -4165.
Thank you for your immediate attention to the above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Community Services and Recreational Programming dated
October 26, 2006, be received and filed; and
That the Mayor be, and he hereby is authorized on behalf of the City to enter into contracts or other appropriate
arrangements and documentation with Greater Buffalo Community Foundation in the amount of $20,000.00 and the
Mayor's Fund to Advance
Buffalo in the amount of $6,600.00 in order to accept and apply the funding and authorized the Mayor to execute
and fully process such contracts and all such additional documentation as shell be necessary to expeditiously
facilitate the grant /donation. That the Corporation Counsel be, and she hereby is authorized to assist and finalize
said contracts and or other necessary documentation in a manner, which is satisfactory to the Corporation
Counsel.
PASSED
AYES - 9 NOES -0
NO. 36
YEAR 32 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (MAY THROUGH JULY, 2006)
Attached please find Quarterly Reports for Year 32 Community Development Block Grant Funded Public Service
Agencies including four Fair Housing Contracts.
These Community Based Organizations provide various Public Service needs through the City of Buffalo. Services
include, but are not limited to Youth, Senior Citizen, Cultural Enrichment, Literacy and Special Needs (Physically or
Mentally Handicapped).
RECEIVED AND FILED
NO. 37
REQUEST FOR INFORMATION
EMERGENCY MEDICAL SERVICES COORDINATOR
Per your request at the Civil Service Committee meeting of October 10, 2006, enclosed is a job specification for the
position of Emergency Medical Services Coordinator.
Be advised that there is no job specification on file for the exempt Deputy Fire Commissioner; however, I have enclosed
information listed in the City Charter for this title.
If you have any questions or are in need of further information, please call me at 851 -5900 x.222.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment Effective: October 23, 2006 in the Department of Human Resources Division of Civil Service
to the Position of Personnel Assistant (Civil Service) temporary appointment at the intermediate starting salary of
$29,380.00
Chantina Harris, 157 Wakefield Avenue, Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 39
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
245 Allen St. Allen Street Hardware Calumet Art Cafe Inc.
622 Main St. Suite 203 The Tralf Peg Leg Tralf Inc.
RECEIVED AND FILED.
NO. 40
LEAVE OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed.
Police -R. Delaney
RECEIVED AND FILED.
NO. 41
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings.
Buffalo Sewer Authority -10/11 /06.
RECEIVED AND FILED.
NO. 42
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal & flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective October 25, 2006 in the Department of Public Works, Parks & Streets, Division of Streets, to the
position of Clerk, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr.
Hannah Shaw 31 Marine Drive, Apt. 10B Buffalo, NY 14202
Appointment Effective October 17, 2006 in the Department of Public Works, Parks & Streets, Division of Streets, to the
position of Laborer II, Seasonal, Non - Competitive, at the flat starting salary of $8.15/hr.
Jason C. Sobocinski 345 Gold Street Buffalo, NY 14206
NO. 43
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 October 16, 2006 in the Department of Administration, Finance & Urban Affairs, Division of Parking
Enforcement, to the position of Jr. Traffic Clerk, Temporary at the minimum starting salary of $25,162.
Candace M. Aiello 112 Baxter Street Buffalo, NY 14207
Appointment Effective October 16, 2006 in the Department of Administration, Finance & Urban Affairs, Division of
Treasury, to the position of Assistant Collection Officer, Provisional, at the minimum starting salary of $33,359.00.
Tracy Nikel 120 Fredo Streeet Buffalo, NY 14220
Jeanette Ruperti 31 Mariemont Avenue Buffalo, NY 14220
Mary Lou Helminiak 10 Rebecca Park Buffalo, NY 14207
DEPARTMENT OF AUDIT AND CONTROL
Appointment Effective October 16, 2006 in the Department of Audit & Control, Division of Accounting, Investment & Debt
Management, to the position of Junior Auditor, Provisional, at the minimum starting salary of $28,772.00
Rachael Cox 286 East St. Buffalo, NY 14207
DEPARTMENT OF POLICE
Appointment Effective September 11, 2006 in the Department of Police, Division of Administration and Communications,
to the position of Assistant Accountant, Provisional, at the minimum starting salary of $32,487.
Catherine E. Trautman 250 Linwood Avenue Buffalo, NY 14209
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective October 26, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings, to
the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr.
James T. Conrad 128 Harding Road Buffalo, NY 14220
NON - OFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 44
J AZZARELLA - ELMWWOD VILLIAGE
ASSN OPP TO CASINO
The Elmwood Village Association, formally Forever Elmwood, strongly opposes a casino in the City of Buffalo, or
anywhere else in Erie County for the following reasons:
• A Buffalo casino will have a devastating effect on local businesses. The proposed casino will be a "convenience casino ",
obtaining most of its revenue from gamblers living within the surrounding area. Gamblers will be mostly local residents -
our customers- who will spend their discretionary income in the casino instead of in our businesses.
• The proposed Seneca casino has led to an increase in taxes. Property ceded to the Seneca nation has been
permanently removed from the property tax rolls; and sales on the casino /reservation will be tax -free. Furthermore, the
cost of maintaining roads, law enforcement, and social services for gambling addicts and their families, will increase.
Consequently, we can expect a business - killing increase in taxation of local businesses and homeowners to cover these
additional costs.
• A casino will not result in economic development for the City of Buffalo. Studies have shown that for every job a casino
creates, two to three jobs are lost. The majority of jobs are part time, minimum wage jobs, with no benefits. Casinos drain
money from the community. The "spin -off' touted by the casino industry is an illusion: the effect of a casino will be
disinvestment in our community.
• A casino is bad public policy. It will encourage our citizens to engage in an activity which is known to lead to addiction.
Gambling casinos lead to an increase in crime, bankruptcy, and family violence. Gambling advocates are proposing that
we encourage these social ills in exchange for a small amount of revenue.
A casino is bad public policy and fundamentally damaging to local businesses. Our city, county and state governments
should be committed to supporting our local enterprises, not to impairing them, as the proposed Seneca casino would. We
urge our elected officials to reject a casino as irreparably harmful to our community.
RECEIVED AND FILED
NO. 46
D. BONIFACIO- BUFFALO CIVIC AUTO RAMPS INC
FINANCIAL STATEMENTS WITH ADDITIONAL INFORMATION
We have audited the accompanying balance sheets of Buffalo Civic Auto Ramps, Inc. as of June 30, 2006 and 2005 and
the related statements of activities and cash flows for the years then ended. These financial statements are the
responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements
based on our audits.
We conducted our audits in accordance with auditing standards generally accepted in the United States of America.
Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe
that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of
Buffalo Civic Auto Ramps, Inc. as of June 30, 2006 and 2005, and the results of its operations and its cash flows for the
years then ended in conformity with accounting principles generally accepted in the United States of America.
RECEIVED AND FILED
NO. 46
CITY OF BUFFALO, MAYOR'S ANTI - FLIPPING TASK FORCE FIRST YEAR REPORT
Dear Mr. Chwalinski:
Please file the Mayor's Anti - Flipping Task Force first year report for the next meeting of the Buffalo Common Council on
Tuesday, October 28, 2006. Each Council Member was issued a letter from Kathleen Lynch, Esq., AFTF and a booklet
outlining the past twelve months of action.
Thank you for your attention with this matter.
Very Truly Yours,
Dominic J. Bonifacio, Jr. Majority Leader
Niagara District Councilmember
We are pleased to provide you with a copy of the Mayor's Anti Flipping Task Force First Year Report: A Plan to Stop
Fraudulent Real Estate Flipping Practices. The First Year Report details progress of the AFTF since it's inception in June
2005, including the conditions and problems that set the stage for fraudulent property flipping and accomplishments of the
AFTF.
A press conference to formally present the First Year Report will be held on Wednesday, October 25 at 1:30 PM in 209
City Hail. The press conference will also provide information on both the AFTF progress and recommendations for next
steps to combat property flipping. We hope you can join us at this important event.
Also please find enclosed a map, Residential and Vacant Properties with One or More Flips within 12 Months, indicating
the origin of flipped properties within the City of Buffalo. It is important to note that within the last three years 6% of the
flipped properties originated from the City's In Rem auction.
Kathleen Lynch, Esq. AFTF Coordinator
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.
Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543,
of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to
press.
RECEIVED AND FILED
NO. 47
D. BONIFACIO- OPINION OF THE COURT CITY OF
SHERRILL NEW YORK IN ONEIDA NATION OF NY
Dear Councilmember Bonifacio:
JUSTICE GINSBURG delivered the opinion of the Court. This case concerns properties in the city of Sherrill, New York,
purchased by the Oneida Indian Nation of New York (OIN or Tribe) in 1997 and 1998. The separate parcels of land in
question, once contained within the Oneidas' 300,000 -acre reservation, were last possessed by the Oneidas as a tribal
entity in 1805. For two centuries, governance of the area in which the properties are located has been provided by the
State of New York and its county and municipal units. In County of Oneida v. Oneida Indian Nation ofN. Y., 470 U. S. 226
(1985) (Oneida 11), this Court held that the Oneidas stated a triable claim for damages against the County of Oneida for
wrongful possession of lands they conveyed to New York State in 1795 in violation of federal law. In the instant action,
OIN resists the payment of property taxes to Sherrill on the ground that OIN's acquisition of fee title to discrete parcels of
historic reservation land revived the Oneidas' ancient sovereignty piecemeal over each parcel. Consequently, the Tribe
maintains, regulatory authority over OIN's newly purchased properties no longer resides in Sherrill.
RECEIVED AND FILED
NO. 48
INFO SENECA CASINO PROJECT
RESPONSES TO COMMENTS AND ISSUES RAISED IN THE OCTOBER 26, 2006
COMMUNICATION TO COMMON COUNCIL
I am requesting that the submission(s) given by the City of Buffalo's Office of Strategic Planning to the Common Council
regarding the proposed Seneca Niagara Casino Project in Buffalo be filed for tomorrow's regular meeting for discussion.
Each member of the Common Council was given a hand delivered packet containing the following materials: 1) Seneca
Erie Gaming Corporation narrative responses to the comments and issues raised in the October 26, 2006 Communication
to Common Council, 2) Casino Project Overlay Map, 3) Transportation and Utility Improvement Area Map, 4) A complete
set of Traffic Study Appendices, 5) A final Environmental Review of Project Area Report and Appendices, 6) a Completed
City of Buffalo Addendum to the SEQRA full Environmental Assessment Form.
A copy of this submission will be made available in the Common Council's Central Office. Thank you for your attention
with this matter.
Very Truly Yours,
Dominic J. Bonifacio, Jr.
Majority Leader
Niagara District Councilmember
RECEIVED AND FILLED
NO. 49
BMHA COMPREHENSIVE MANAGEMENT REPORT
Dear Mr. Chwalinski,
Please file the attached document for the upcoming Common Council Session to be held on October 31,2006
Thank you in advance for your assistance in this matter.
Sincerely,
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 50
PAVING REQUIREMENTS FOR USED CAR DEALERS
At the Legislation Committee meeting held on October 24, 2006, Committee Chairman Richard Fontana requested that
the Law Department provide the local authority requiting that used car dealer lots be paved.
Notwithstanding any applicable NY State building code requirements, §511 -97C of the City Code states "every off - street
parking area and access driveways thereto shall be paved and shall be so graded and drained as to dispose of all surface
water accumulation." The code defines "paved" as Use of blacktop, asphalt, concrete or other similar substance to
create a smooth surface, including bituminous penetration, but not the use of dirt, clay, slag or stone. "" See §511 -4. The
Code further defines "parking area" as An unroofed, off - street area used for the temporary storage of self - propelled
vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers. ""
Id. A "used car dealer" is defined as "Any dealer who, either wholly or in part, engages in or operates the trade or
business of buying, selling, trading, bartering, exchanging or displaying for sale any type of secondhand automotive
vehicles.
Therefore all parking areas utilized by used car dealers in the operation of the business, including areas used for
temporary storage of vehicles must be paved within the requirements of the City Code.
If you have any questions or concerns, please do not hesitate to contact me at 851 -4116.
RECEIVED AND FILED
NO. 51
OPPOSITION TO PUBLIC GAMNBLING EXPANSION
My name is Norman E. Joslin, I am a retired State Supreme Court Justice and a Past President of the Buffalo Area
Council of churches, now known as the Network of Religious Communities. I appear in opposition to public gambling and
any expansion thereof.
The New York Constitution, article 1, section 9, states that the Legislature shall not enact laws to permit gambling. The
matter now under consideration is one more scurrilous attempt to ignore and circumvent this wise and long- standing
public policy by devious means.
Many feel, as I do, that the treatment of our American Indian brothers has been shabby and disgraceful, but the ceding
of public property to opportunistic entrepreneurs by ethnic subterfuge is wrong and particularly offensive to those who
care about the moral climate of our community.
I bring to this discussion two perspectives. First, there is the legal perspective. Unquestionably, the proponents seek to
make an end -run around the above constitutional prohibition. Historically, in this county, we have tried to bring together
law and justice. Any law that undercuts or compromises the public good we deem as unwise and unjust. I submit any law
or procedure circumventing a constitutional prohibition deserves scrutiny. The proposed enabling legislation and
gerrymandering procedures compromise good government and sound public policy.
Second, there is an ethical and practical perspective. "Something for nothing" has always been the siren call of those
who would extract money for their own benefit. While the proponent of public gambling label gambling as entertainment,
the driving force and the ultimate appeal is greed. It is the "advantaged" taking advantage of the "disadvantaged ". Profiles
of those who gamble clearly indicate it is not the affluent who can afford loss who participate; rather it is the low income
groups who fall victim. Money for food and necessities too often end up in slot machines and on gaming tables.
Gambling for all too many becomes an addition. It is not only the gambler but struggling families and dependent children
who suffer. Despair and suicides are often the fallout for many. "Gamblers Anonymous" is an organization that can
provide significant information and documentation of the serious fallout from gambling. In some of my divorce
proceedings, I have seen such troublesome cases.
We hear the cry "you can't legislate morality." But we do enact laws to regulate and protect. The best regulation in the
public interest is to prevent the subversion of the State Constitution by not creating pockets of unconstitutional gaming
within the sovereign state of New York against the public interest which, if not unconstitutional, is clearly immoral and
objectionable.
We live in a region rich in history, rich in architecture, rich in the arts, rich in education, rich in health care and rich in its
untapped potential. With its great orchestra and outstanding cultural, athletic and business resources undergoing a true
renaissance, let us not be compromised by the siren call of devious unconstitutional promotions.
RECEIVED AND FILED
NO. 52
NEWS ARTICLE- SENECA GAMING CASINO
Please file the attached News Article - "Appraisal calls Fulton St. Price $1.1 million too low ".
Please refer to the Waterfront Development Committee..
RECEIVED AND FILED
BY NO. 53
COMMENTS CASINO FULTON ST APPRAISAL
Dear Council Members:
For your information, we are enclosing a copy of the Fulton Street Appraisal performed by Emminger, Hyatt, Newton &
Pigeon, Inc. dated October 23, 2006. This Appraisal was made at the request of Citizens for a Better Buffalo.
We hope you will be able to review the Appraisal in time for this evening's public hearing.
RECEIVED AND FILED
NO. 54
COMMENTS CASINO
Dear Council President Franczyk:
The following describes the problems I have had as a resident of the Elk Terminal as a result of demolition activity
occurring next door on the site of a proposed casino. I thought that is was important that the Common Council hear from a
current neighbor of proposed casino site before the Common Council votes on an agreement where the parties do not
legally oblige themselves to one another, but rather act in "good faith" as "good neighbors to the City." I respectfully
request that you file this letter with the Common Council for your meeting Tuesday, October 31, 2006 so that all members
are aware of the neighborliness of our new neighbor to date.
I'm describing the conditions that an entire community of residents had to endure since the onset of the demolition, 52
rental apartment units in all I believe. In this case "we" and "I" are used interchangeable because I know I am not just
speaking for myself. The informal conversations I've had with my neighbors in the other units tell me that the complaints I
outline here have been unanimous. However there exists a feeling among many that a pro- casino atmosphere in our local
government makes any protest useless, especially if we are renters, not home owners. Some people here suggest it's
easier to move than get the attention of the city officials who could help. I do not agree.
The negative impact of the demolition has been to transform what was once an appealing place to live in downtown
Buffalo into an urban pollution zone. This letter elaborates what has already happened to our homes recently, and makes
clear that the threat of problems have only begun. I've sadly realized that destruction to our residential environment could
proceed unchecked by any authority, and that no remedy or protection apparatus from the City of Buffalo exists.
My complaint is lodged at the casino builders for committing such irresponsible demolition methods, but now my complaint
is directed primarily toward the City of Buffalo which should have used its powers to better supervise the demolition and
enforce standards. The City utterly failed to provide any safeguards that would have prevented my residential community
from being harmed by gross levels of pollution from the so- called development next to us. —/
At some date in the spring or early summer of this year, the H -O Oats grain silos were turned into a demolition site where
the method for taking down the structure was a crane and wrecking ball process. This method sent immense amounts of
pulverized concrete into the strong winds where it was carried offsite only to land all throughout our residential complex.
For close to six weeks, myself and other residents, found our homes filled with what looked like a heavy white dust. It was
everywhere, indoors and out, obviously carded in the air. Whatever matter comprised the entirety of the silos, it was all
removed the same way, it was smashed into powder and rubble, much of each batch drifting onto us from up wind. Any
potentially hazardous content such as lead paint or asbestos was treated no differently from the bulk of concrete matter
that was carelessly sent in the wind.
The outdoors, our deck space and porches, patio furniture and grilles, our parking lot and cars were constantly being
showered with what felt like a sandstorm of grit and water spray laden concrete. This was no minor dust, but rather
appeared like a heavy coating of fallout from some eruption that kept on consistently getting renewed. The small impact
explosions from the wrecking crane continued next door almost daily for weeks, certainly taking more than a month it
seemed, during which time anyone here could see the large amount of airborne material from the silos escape into the
wind sideways and get dispersed over our homes. The water spray being used was often not able to reach the work area,
and when it was the result was that much of the material came unto us wet at first before drying. The water spray entirely
failed to make the mess drop vertically onto the demo zone, but rather made the mix heavy enough to fall onto our cars
and then dry hard. The wind was so strong as to carry away horizontally the large drops of water, so they were landing all
over the next block, primarily on us.
The grit and dust covering everything outdoors was significant as to make being outdoors uninhabitable for a long period
of time. During the heavier times of the demolition activity one could only pass through the parking lot quickly since getting
stuff in your eyes was almost inevitable. My daughter for instance wouldn't play outside because it was truly awful. Sitting
outdoors during a breeze meant that you could feel the stuff stick to your skin. This put an end to anyone wanting to sit,
dine, or entertain outdoors as we once did.
Our residential property is directly down wind of the demolition site. In this area close to the Lake Erie shore we almost
always have a headstrong wind that passes through from the southern direction. The wind here is much stronger than
other places in our metro area. Anything occurring directly south of us like airborne material, vehicle exhaust, noise, gets
taxied and dumped right into our space in a veritable wind tunnel effect. The nature of the winds here create an
extraordinary proximity to our next door neighbors doings. The wind magnified the pollution problem because it was not
taken into account by any planning. Any containment attempts that were supposed to be in effect were futile and absurd.
The mess accumulated to the point where the landlord had crews come over to power wash all the surfaces outdoors on
two occasions, trying to remedy the worst of it. (My photos taken of the parking lot on the morning of July 3
show what accumulates after only a few hours of demo activity, that is, even taking into account previous cleaning done
outdoors.)
To say that our quality of life was diminished was not speculative, but rather immediate and very tangible. Right away we
were faced with the huge cleaning job that was suddenly required and the anger and disappointment that followed.
Anyone who had left windows or doors open discovered the entire contents of their interior homes filled with the dust, not
just the outside of the property. We were vacuuming and cleaning our homes of something that was totally unexpected.
The stuff that came indoors was lighter weight and it dispersed more places, making it more laborious to clean. To our
horror we were informed by local news that some of this material did indeed contain asbestos, which prompted the study
by environmental analysts that appeared on our property about a month after the worst of the pollution had occurred.
Myself and others have kept our doors and windows sealed shut all of the time as a precaution. This created a very
inhospitable climate considering it is the warm summer months when we need an outside breeze for comfort. Keeping our
spaces closed was the only defense we had against the worst of it, but cleaning indoors revealed that the finer matter was
still abundant in the air.
The demolition accelerated at one point for reasons I don't know, so that the working activity with the crane and
construction vehicles continued throughout the evening when people are home from a normal work day. It went on in the
middle in the night in fact, and early morning. At that point the noise from the wrecking crew became invasive, keeping
people awake from sleeping on those nights. This resulted in the concern that any future development next door may
proceed likewise. There will be no respect for the residential life next door if the casino building agenda continues to be
unsupervised.
The Elk Terminal Lofts started out as one of the pioneering developments downtown that would bring a quality of life and
an appealing residential climate back into the City of Buffalo. I along with others here, enthusiastically embraced this ideal,
until the arrival of a sovereign nation that can proceed with an agenda that apparently goes totally unregulated by the local
authorities. As far as I'm concerned my home lost it's value and I see no authority that would stand up for my interests.
This experience left me very disappointed and uncertain about my future here. I now have reason to wonder aloud:
If the city of Buffalo espouses urban renewal philosophies, how are they going to guarantee rights and services for others
who want to come into the city, either as residents or business investments?
• What size of a "buffer zone' is going to be required if one wants to be free of the risky environment created by the
casino?
• If a group of residents as large as us (approximately 52 units) can be
disregarded as too small and insignificant to be defended against big interests, then how will the city realistically lure
inhabitants?
Clearly, for myself and my neighbors the city was absent on the job, ruining what progress a small group of people
attempted to get established. The casino proposal pitch is only a story thus far, a poorly informed speculation about
wished for benefits. But reality has it's own narrative of effects at this point in time - for the people who actually live here
already the casino builders have yet to demonstrate anything but their ability to create pollution problems along with a
profound disregard for any others whose life or property might be diminished in the wake of their presence.
Myself and my neighbors at the Elk Terminal were dismayed by the scale of our pollution problem so far, and are
surprised that this was not treated as a violation by the city. Even after the local news did a report on the potential of the
hazard to residents, outlining the pollution event that took place here, there has been zero communication to us from the
city or any agency regarding our safety or sanctity. Obviously no resident here has been contacted by the authorities who
are doing the demolition and proposed building next door. As far as they are concerned we don't exist. But in reality we
have been at the heart of the issue thus far more than anyone, discovering exactly what it means to be in the periphery of
a big casino.
I'm submitting this testimony with the hope that something can be done, before more negative consequences unfold.
RECEIVED AND FILED
NO. 55
ABANDONMENT AND SALE OF PORTION OF FULTON STREET- PUBLIC HEARING
I. Legal Notice in the Buffalo News informs the public that on Thursday; October 26, 2006 there will be a Public Hearing
upon following matter:
"The Seneca Erie Gaming Corporation's proposed request for the Abandonment and Sale of a Portion of Fulton Street
between Michigan
Avenue and Marvin Street."
There is no mention of any documents regarding the terms of the subject sale being available for public review.
Thus, unless one was privy to documents available to the Mayor and Common Council, one would not know the terms of
sale. While I may have been able to ascertain some information on the matter, many citizens of Buffalo may not have had
that opportunity and therefore might be prevented from having their voices heard.
The legal notice is also vague in wording in that it states that only a portion of Fulton Street between Michigan and Marvin
Streets is being sought and not the entire street contained therein.
II. The abandonment and sale of public property, particularly a property that is an integral part of the City's infrastructure is
a serious undertaking.
Therefore, at the onset of the hearing, hopefully one of the agents involved in the proposed sale will explain the following:
1. Identification of who and what is the buyer, the Seneca Erie Gaming Corporation, and who are its officers.
2. Identification of the boundaries / limits of the portion of Fulton Street under consideration for abandonment and sale.
3. The reason(s) why this corporation wishes to buy this public property.
4. The reason(s) why this corporation can not function or meet its objectives without taking ownership of a portion of
Fulton Street.
5. Evidence of efforts that the corporation has undertaken to achieve its objectives with Fulton Street in place. For
example, conceptual plans / scenarios within this parameter.
6. Physical copies of the plans for the proposed project at adequate scales to be able to review and determine the
necessity for the requested portion of Fulton Street. These would include:
a)Site plans showing structures, paths of travel, landscaping, and relationships to surrounding properties.
b.) Conceptual floor plans showing access and egress points for all modes of travel including pedestrians and connectivity
and relationship to the surrounding neighborhoods.
c) Elevations for structures showing relationships to the surrounding streets and adjoining properties.
d)Cross sections showing spatial relationships between the functions and building levels.
7. Explanation why the corporation, an extremely experienced builder and property owner, would knowingly purchase two
properties separated by a public street if the properties could not suit their objectives. The choice was made without input
from the citizens of Buffalo. There is a term "caveat emptor" "buyer beware ".
8. Identification of the steps necessary and the laws governing those actions in order for the City to abandon and sell a
portion of Fulton Street.
9. Finally, identification of the terms of the purchase offering by the corporation for the portion of Fulton Street.
If the above is done before the hearing is opened for comment, thank you. Even if the above is done, it still does not afford
many people the ten days legally required to review the subject matter and prepare adequate comment.
Hopefully, at this hearing the public will gather more information about the matter before us and will have additional
comments.
! request, if this is not already the intention, that a reasonable open time period be established for the public to send
comments to the Common Council for its deliberations. I urge the Council to take adequate time to review this matter and
not rush into a decision it may regret.
III. Re: The undated agreement submitted to the Buffalo Common Council by Mayor Byron Brown on October 12, 2006
for its deliberation and action.
The agreement does not specify the sale rp ice offered by the Seneca Erie Gaming Corporation for Fulton Street.
I refer you to the agreement:
Section 6. Covenants of the City. In exchange for the commitments of the Corporation and the Nation in this agreement,
the City shall:
(a) Fulton Street Section. (i) Promptly take such steps as are necessary under applicable law to abandon and sell
to the Corporation the Fulton Street Section, using the appraisal method provided for in the Charter and ordinances of the
City of Buffalo and (ii) within 30 days after the Effective Date, deliver to the Corporation, upon receipt of the Fulton Street
Payment, a duly executed quit claim deed in the form of Appendix B, hereto ..... .
Sect 6(a) Fulton Street Section - refers to appendix B which is a blank quit claim deed.
In Mayor Brown's request to the Council he states a selling price of $631,000. Is this the purchase offer? Is this offering
inclusive or exclusive of the rest of the agreement? In other words is the sale price independent of the other covenants?
IV. The agreement contains covenants for both the City and the Corporation.
In the interest of brevity, these covenants for both parties are actions that would need to be done independent of the
resultant status and ownership of Fulton Street.
If the Corporation builds a casino or other project most items enumerated in the agreement would have to be done for the
project to be successful.
This includes the covenants regarding streets, utilities, employment, police and fire services.
V. Corporation plans for a casino and the need for Fulton Street.
Plans available to the public are limited in information. However, the site plan in the agreement and the latest
environmental study show the casino as an inward facing entity. Fulton Street would be removed and replaced by a
curved one way street of approximately the same size dedicated for valet parking. Its entry would be on Michigan Avenue
almost where Fulton Street presently intersects with Michigan. Its exit would be on Perry Street.
This appears to be the main entrance since it has a porte cochere and landscaping.
Patrons in automobiles would also enter the facility through two 12 feet wide entrance lanes from Perry Street about 50
feet from the corner of Marvin Street.
They could also enter through two 12 feet wide entrance lanes from Marvin Street at the location where Fulton Street
presently intersects with Marvin Street.
These vehicles could also exit at this location through two 12 feet wide exit lanes. That's 48 feet total width compared to
the present width of Fulton Street at that location of about 35 feet.
There will be two more 12 feet wide vehicle exits unto South Park Avenue almost across the intersection of South Park
and Moore Street.
There will be no entrances from South Park Avenue into the facility.
There will be a bus drop off and service entrance for the facility on the north side of South Park Avenue.
South Park Avenue a major City thoroughfare and commercial street with a number of businesses, residences, school,
green space, churches would be relegated to a service street and bus drop off.
If someone wished to walk to the facility from the Elk Lofts, Perry Homes, Downtown, waterfront, I don't know where they
would enter. Pedestrians are not mentioned.
The plan seems to be designed to face inward and not connect to the neighboring community.
VI. Keeping Fulton Street as a street.
From the planning information available, the proposed facility can be successfully designed and built on the two parcels
and maintaining Fulton Street as a street.
In fact, as the area surrounding the subject becomes more developed, I recommend that Fulton Street be kept and
extended eastward across the parking lots at Columbia and Baltimore streets up to Mississippi Street.
This follows good urban design practice creating small city blocks and numerous small streets. Such communities
become walkable and more livable.
The loss of Fulton would create a Super block inhibiting walkability and community interaction. Look at Las Vegas where
pedestrians can't cross some streets w/o entering a casino.
By keeping Fulton Street the proposed facility would better connect to the surrounding neighborhood and not be isolated
fi'om it.
Fulton Street could be used similar to Fourth Street in Niagara Falls. However don't limit through traffic,
VII. Environmental Review:
The Common Council is the lead agency for the SEQRA process on the Fulton Street proposal.
An Environmental Study is under review by the Council. I have not had much time to closely review the study. So I will be
brief.
This document should also be reviewed by the public before any decision is made by the Council.
1. The study has been done only for a scenario with an abandoned Fulton Street.
2. There should also be an alternate studied with Fulton Street remaining.
3. The study focuses toward downtown and the waterfront. There is no focus on the neighborhoods to the north and east
of the proposed facility
The proposed facility site is not mentioned in Buffalo comprehensive plan. The comprehensive plan divides the City into
Planning Districts. Sub master plans for these districts are to be part of overall plan.
5.Yet this environmental study ignores the communities to the north and east of the proposed facility.
6. There is no mention of neighborhood housing and the proposed facility impact.
7. The Traffic Impact Study makes some travel assumptions that could readily be challenged.
VIII. Closing
Some people say sell Fulton Street. Some people say don't sell Fulton Street. In the end you the Councilmembers will
decide to approve or deny the sale. Think and deliberate carefully with the citizens of Buffalo in mind. Thank You.
RECEIVED AND FILED
NO. 66
REMARKS OF JAMES D. SCHULTZ, JR. TO THE COMMON COUNCIL OF BUFFALO, NEW YORK ON OCTOBER
26, 2006:
The idea of a casino "saving" a local economy is specious. Look at what has happened in our own hack yard with Niagara
Fails. Ask about the consequences of the Seneca casino with the Niagara County legislators, who have continued to
express reservations about having the casino in their county. Ask the business owners in the City of Niagara Fails what
effect the casino has had on them. Where are the new jobs or development outside the casino operations? Local
restaurants and hotels cannot compete with discounted tax -free meals and rooms. The entire premise of a casino is to
attract customers and keep them inside the property for everything. Casinos do NOT attract tourists who spend a few
hours gambling and then hours or days touring local sites. The Senecas have repeatedly said they have no interest in
trying to reach a broader audience than western New York or to promote tourism in the rest of the region. We do not need
and cannot benefit from a casino that simply takes money from the local community and puts it into the hands of a
sovereign nation with no stake in our community.
Unfortunately, too many of us who are against the casino have full time jobs and families which take our time and
preclude us from actively presenting our opposition at times such as this. No one bothered to ask us what we as a silent
majority think. That time has passed it is now time for you to stand up and realize that permitting a large casino to exist in
Buffalo will have adverse consequences long niter you no longer sit as leaders of our community. Do not make a decision
that is going to harm this City and region for generations. You have the chance to minimize the potential damage by
refusing to approve sale of the very property the Senecas need to create a huge casino that can only do the greatest
harm. Please, do not approve the sale of this Buffalo City street under any circumstances.
RECEIVED AND FILED
NO. 57
OPP TO BUFFALO CREEK CASINO
I am writing to oppose any further accommodation to, or settlement with, the Seneca Gaming Corporation in regard to the
proposed Buffalo Creek Casino.
I am a resident of the Elk Terminal Lofts. Therefore, I want first to make you aware of the impact of the demolition to date.
That was, when it was going on, rather oppressive for those of us next door to this project. Not so much in an acute way,
as in a relentless and seemingly endless way. The loud clanging noise of the large weight repeatedly landing on a section
of the towers began in early morning and continued fairly steadily until 10:30 or so at night, seven days a week. In
addition there was absolutely no care taken to shelter us from the other destructive effects of the demolition: the dust in
our homes or the damage to our cars from the hail of concrete particles.
However, my biggest concerns are for the future of this project. Not even the casino per se, although I am opposed to that
as well, but to the plans no one wishes to talk about that must be agreed to by this Council in order for the casino plans to
be effectuated. If the Seneca Nation is in fact allowed to purchase Fulton Street, and convinces this Council to widen
Scott, Chicago and Marvin Streets, I will be living on a tiny square patch of land in the midst of four -lane traffic. (A copy of
the SGC proposal is annexed hereto.)
Further, none of that is the Seneca Nation's land, that is my Nation's land, this City's land. In fact, this project is not in any
way integral to the Nation's land, but extends well beyond those borders. Not only will the cars and buses be traveling and
parking along side my home, but I have heard no plans to contain the noise, the lights, or even the people that are a by-
product of any casino. How can I possibly be assured of the peaceful enjoyment of my property? There has been no care
taken to date to safeguard my rights, and no plans that I am aware of to account for we "neighbors" in the future.
Having spent my summers as a child in Atlantic City, and having seen it slide into dereliction and decrepitude, despite the
many promises and assurances I hear being made to our Mayor and to this Council now, I have every reason not to trust
those same assurances. In fact, I greatly fear what I foresee happening to me, to my home and to my City.
You asked us to come and live downtown, to be "pioneers ", and we did so. Please do not now take away the pleasures of
living here. Please help me, and us, to fight this project. Thank you.
RECEIVED AND FILED
NO. 58
J Rose
Opp to Casino
a few points we'd like you to consider
before voting to sell off part of the City of Buffalo
(1) A casino will not generate any significant amount of tourism. There has been a lot of hype on this point, and a
complete absence of evidence to back it up. The claim that a casino would generate tourist dollars really does not
pass the giggle test. But the most definitive observation on this point comes from the Seneca Gaming Corporation
itself, in its quarterly SEC filing (Form 10 -Q) filed February 14, 2006 for the period ended December 31, 2005 (see
http: // senecagamingcorporation .eom /pdf /sec200602l4.pdo. In case you missed it, on p. 12 of that document, you
will find the following candid statement: "... Seneca Buffalo Creek Casino, is expected to cater primarily to the local
market in Buffalo and its suburbs."
(2) A casino in Buffalo - any casino in Buffalo - will cost more jobs than it will create. Economists John Kindt, Earl
Grinols, and Bob Goodman all estimate job losses on the order of two to three jobs for every job gained.
(3) Despite the claims to the contrary, a casino will not stimulate the local economy. It certainly has not happened in
Niagara Falls, New York, despite the tourist base available in that city.
(4) The Senecas at one point threatened to put in a trailer with a few slot machines if the City does not sell them Fulton
Street. That was a laughable threat. Obviously they will build as large a casino as it takes to capture the available
market. Their real intentions, once again, are revealed in their SEC filing (form 10 -Q) filed August 14, for the period
ended June 30, 2006 (see bttp: // senecagamingcorporation. com / pdf/ SenecaGamingCorlOQ- 20060814.pdo. On p. 13,
you will find the following projection:
"... we have been directed ... to finalize an alternative design ... for a permanent gaming facility which does not
contemplate the use of the two -block street bisecting our nine -acre site ....
"The cost to construct and equip the Seneca Buffalo Creek permanent facility is still expected to be approximately $125.0
million, and would initially feature:
• 1,900 to 2,200 slot machines;
• 30 to 50 table games;
• fine dining restaurant;
• a 24 -hour casual restaurant;
• a bar;
• a multi - purpose room with entertainment seating for approximately 500 guests;
• one retail store; and
• a 2,500 space parking garage."
Actually, a smaller casino would be less damaging to our community. But we do not believe for one moment that the
presence or absence of Fulton Street will affect the Senecas' plans in that regard one iota.
(5) A casino in Buffalo would not simply redirect the gambling that people are already doing in Niagara Falls, Fort Erie,
and elsewhere. By increasing the convenience of a gambling venue, i.e. by increasing the temptation to gamble, a local
casino can be expected to increase both the number of people who gamble and the amount of gambling done by people
who are already gambling.
That's only common sense - why else would the same few Las Vegas companies invest in one casino after another, all
across the country, as legalized gambling spreads. They're sure not doing it to readjust market share. Consider also the
explosion in addictive gambling rates that has accompanied the spread of legalized gambling across the country. It's the
same population; the only thing that's changed is the degree of availability of gambling venues.
This issue has been studied by Dr. John Welte of the Research Institute on Addictions in Buffalo. His landmark study, now
about five years old, was published in the Journal of Gambling Studies. This study has been shared with many of you.
Among Dr. Welte's findings was that among American adults, people who live within 10 miles of a casino have twice the
likelihood of becoming a problem gambler or pathological gambler as those who do not. Another way of putting this is that
if we allow a casino to be built, we will be doubling the local rate of gambling addiction. Based on state and national
prevalence data, we are contemplating the creation of 10,000 new gambling addicts. That would be a huge impact.
(6) A casino in Buffalo is not an inevitability. We believe very strongly that our various court cases challenging the
approval process will prevail. The Senecas are clearly concerned about that possibility as well. On p. 29 of the
August 14 SEC filing, they state "If the plaintiffs [in the Federal case] are successful, the Nation would be unable to
conduct any gaming upon lands acquired pursuant to SNLCSA [commonly known as the Salamanca Settlement
Act]."
In any case, we expect our community leaders to lead, not to take refuge in an unsubstantiated claim of powerlessness.
You have an opportunity, in voting on approval of the sale of Fulton Street, to use what power you have to impede a
development that by any honest measure would be harmful to our community.
(7) Finally, I want to share with you an e-mail message received this morning from one of our members, Peter Smith, in
response to my request that members attend this hearing and speak out:
Alas, I receive this message while in England. But I hope that there is a good turnout, and that someone will make the
point that every case of gambling- addiction - horror that comes up as a result of the creation of this new casino will be the
responsibility of all who voted to facilitate its creation. They MUST know that there will be serious consequences to THEIR
actions!
"Cheers, Peter"
RECEIVED AND FILED
NO. 69
" Chapter 96 of the Code of the City of Buffalo
On August 2, 2006 we sent you a letter regarding the City of Buffalo is not requiring contractors who are submitting bid for
city work are required to have in place a New York State DOL Apprenticeship program. To date, we have not received any
response regarding this. I have attached a copy of our previous correspondence for your reference.
I would appreciate a return response to assure we are approved to bid future city work.
Re: Chapter 96 of the Code of the City of Buffalo
We recently became aware that the City of Buffalo is now requiring that contractors submitting bids for city work are
required to have, in place, a New York State DOL Apprenticeship program for bids in excess of $100,000.00.
We have done work for the city in the past and would like to submit our apprenticeship program for your approval.
Our program is registered with the New York State Department of Labor in Region 5 with Diane Leahy and Region 7 with
Don Voorhees, the respective NYS program administrators.
I'm sure you will find everything in order but if you have questions you can contact me in our office at (315) 425 -7100 or
Diane Leahy at (315) 479 -3228 or Don Voorhees at (716) 851 -2737.
1 would appreciate a return response to assure we are approved to bid future city work.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO.60
'Proposed Agreement with Seneca Erie Gaming Corporation,
Seneca Gaming Corporation and Seneca Nation .
On behalf of the members of Upstate Citizens for Equality that reside in your city I am writing to you regarding the recent
agreement reached between Mayor Brown and the Senecas regarding the sale of Fulton Street. I would like to call your
attention to certain issues regarding this agreement that may materially affect its enforceability and its purported benefits
to the City of Buffalo.
Regardless of whether the actions challenging the casino are successful or not you may still have sovereign Indian land
within the boundaries of your City. This agreement is insufficient to protect the City and its constituents in that it may not
be enforceable and fails to address other key issues.
The agreement terminates in certain respects upon the termination of the compact
between the State of New York and the Seneca Nation. Since there will be Indian land under the jurisdiction and control of
the Seneca Nation of Indians whether or not there is a casino pursuant to the state compact this agreement should be for
as there is such land within the City of Buffalo.
In Section 10(1) of this agreement it states that a prevailing party may bring an action solely and exclusively in the United
States District Court for the Western District of New York. This should be revised to provide that such an action be
brought in a court of competent jurisdiction. Parties cannot create subject matter jurisdiction by agreement. See Love v.
Turlington, 733 F.2d 1562, 1564 (11 th Cir. 1984). In addition, the mere fact that a dispute concerns a contract or an
agreement to arbitrate, without more, does not raise a federal question. Merrill Lynch, Pierce, Fenner & Smith, Inc. v.
Haydu, 637 F.2d 391,395 (5th Cir. Unit B Feb. 1981) n9 (noting that the Federal Arbitration Act alone is insufficient to
confer federal jurisdiction over disputes involving arbitration agreements, and that an independent basis of jurisdiction- -
such as diversity or a federal question - -is required).
Additionally despite provisions of the agreement calling for the payment of invoices Section 10(H) specifically precludes
monetary damages as a remedy for any breach of this agreement. This section needs to be modified to guarantee a
claim for the payment of money in the event the payments of invoices are not made as agreed to.
Since in the agreement the Nation only waived its sovereign immunity to claims brought in the United States District Court
for the Western District Court the City may be left with a right without a remedy that is enforceable.
The agreement also does not limit the amount of land that the Nation can acquire and place in trust or restricted fee status
in a binding manner. Therefore the Nation can acquire an unlimited amount of land on the open market and apply to have
it taken into trust or restricted fee status. The Seneca Nation Settlement Act is not the only avenue for having this
accomplished. Under the current state of the law the Nation could have this accomplished through the Indian
Reorganization Act of 1934 (25 U.S.C. § 465; 25 CFR Part 151). Although the State of New York has objected to the
application of this act to land in the State relative to the applications of the Oneida Indian Nation of New York and the
Cayuga Indian Nation of New York it has not been ruled upon by any court and is therefore an open question. (See
http: //www.dec. state. nv. us /websitelogcloneidalplatkin.pdf and http: / /www.dec. state. ny. us / website /oge /cavuga /pIatkin.pdo
Additionally any limitation that is imposed in section 9(c) is only to the extent that such land would be used for gaming
purposes which means that land can be acquired for other commercial purposes using Seneca Nation Settlement Act
funds.
The agreement fails to provide for any binding agreement or means to either prohibit non - gaming commercial activities on
this land or alternatively provide collection of sales and compensating use taxes from non - members of the Seneca Nation
and payments in lieu of taxes for land acquired for non - gaming purposes.
There is no provision in this agreement to compensate the City for the payment of any property damage, workers'
compensation or disability costs for any firefighter or police officer that is injured while responding to a call on Seneca
Nation property or overtime or other expenses necessitated by any response to the Seneca Nation's land by City
personnel.
I urge Your Honorable body to not take any action approving this agreement in its current form for the reasons set forth
above.
RECEIVED AND FILED
NO. 61
SEQR
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
PURPOSE The full EAF is designed to help applicants and agencies determine, in an orderly manner whether a project or
action y be significant. The question of whether an action may be significant is not always easy to answer. Frequently,
there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who active knowledge in one particular area may not be aware of the broader concerns
affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow Introduction of information to fit a project or
action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it
assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact.
The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is
actually important.
RECEIVED AND FILED
PETITIONS
NO. 62
B. Daddis, Agent, Use 133 Hopkins- Ground Sign (South))
(692 -4616)
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. 63
L. McClive, Agent, Use Var. Downtown Locations -
10 Freestanding Signs (Ell)
(852 -3300)
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.
Regular Committees
CLAIMS
(Michael P. Kearns, Chairman)
NO. 64
Personal Injury
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be comprised and settled:
A. 1.Zakea Williams P /N /G Aaron James and Kahel Suttles v. City of Buffalo $ 5,000.00
A. 2. Michael Reilly v. City of Buffalo $ 3,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon
execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 9 NOES - 0
NO. 65
Property Damage
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
B. 1. Bragg, Mary Lou, 176 Davidson Avenue, Buffalo 14215 $3,185.37
B. 2. Degree, Joanne, 297 Riley Street, Buffalo 14208 $112.00
B. 3. Jones, Rickey L., 135 Kaufman Ave., Tonawanda, NY 14150 $380.61
B. 4. Mutignani, Chris, 1974 Niagara Street, Buffalo 14207 $70.70
B. 5. Principe, Albino A., 6 Granger Place, Buffalo 14222 $2,572.49
B. 6. Skinner, Nancy, 167 Alabama Street, Buffalo 14204 $425.00
B. 7. Zappia, Joseph, 34 Campus Dr., West Seneca, NY 14224 $179.44
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES - 0
NO. 66
Miscellaneous Reimbursements
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be
paid:
C. 1. ABG Associates, P.O. Box 0119, Marilla, NY 14102 (Balance due from June 2006) $165.00
C. 2. ABG Associates, P.O. Box 0119, Marilla, NY 14102 (Balance due from May 2006) $ 232.50
C. 3. ABG Associates, P.O. Box 0119, Marilla, NY 14102 (Balance due from April 2006) $165.00
C. 4. Block, Colucci, Notaro & Laing, P.C., One Niagara Square, Buffalo 14202 $31,051.00
C. 5. Bond, Schoeneck & King, One Lincoln Center, Syracuse, NY 13202 $4,009.97
C.6.. Buffalo News, One News Plaza, Buffalo 14240 $1,731.79
C. 7. CEF Enterprise, 326 Plymouth Avenue, Buffalo 14213 $900.00
C. 8. Creighto Pearce, Johnson & Giroux, 560 Ellicott Square Bldg., $5,190.00
295 Main Street, Buffalo 14203
C. 9. Dival Safety, 1721 Niagara Street, Buffalo 14207 $1,170.50
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES - 0
NO. 67
MISCELLANEOUS INVOICE
C. 10. Grantmakers Advantage, 7 Marina Park South, Buffalo 14202 - $1,000.00
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That a check in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior
Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein
above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES - 9 NOES - 0
NO. 68
MISCELLANEOUS INVOICE
C. 11. Modem Landfill, 4746 Model City Road, Model City, NY14107 $ 147.50
C. 12. Phillips Lytle LLP, 3400 HSBC Center, Buffalo 14203 (Invoice No. 457706) $45,778.45
C. 13. Phillips Lytle LLP, 3400 HSBC Center, Buffalo 14203 (Invoice No. 461765) $95.94
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES — 9 NOES — 0
NO. 69
ADDENDUM
E. 1. Massey, Rita, 217 Oxford Avenue, Buffalo 14209 $40.00
E. 2. Rouse, Jon M., 65 Gerald Place, Buffalo 14215 $70.00
E. 3. Herbert, Donald c/o Linda Herbert as Voluntary Administrator of
His Estate: 140 Durant, Buffalo 14220 $19,936.71
E. 4. Dill, Christopher c/o Dawnmarie Gill, 189 Somerville Ave. Tonawanda, NY 14209 $25,000.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
Passed
AYES — 9 NOES — 0
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
NO. 70
Appointment
System Analyst (Inter#2) (MIS)
(Item No. 9 -Oct. 17, 2006)
That Communication 9, Oct. 17, 2006 be received and filed and the permanent appointment of Frank Honrado stated
above at the interim starting salary of $42,964.00 effective on August 21, 2006 is hereby approved.
PASSED
AYES —9 NOES — 0
NO. 71
Appointment
System Analyst (Inter#3) (MIS)
(Item No. 10 -Oct. 17, 2006)
That Communication 10, Oct. 17, 2006 be received and filed and the permanent appointment of Peter Zingorenko stated
above at the interim starting salary of $44,830.00 effective on August 21, 2006 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 72
Appointment
Sr. Spec. Asst. to Comm. Of.Dev., Permit & Insp. Svs. (Max) (EDPI)
(Item No. 32 -Oct. 17, 2006)
That Communication 32, Oct. 17, 2006 be received and filed and the exempt provisional appointment of Christina Akers
stated above at the maximum starting salary of $39,168.00 effective on October 1, 2006 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 73
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
( #39,10/17)
That the above item be, and the same hereby is received and filed.
PASSED
AYES — 9 NOES - 0
NO. 74
Residency Waiver -M. Mazurowski -EMS Coordinator (Fire)
( #26,10/17)
That the above item be, and the same hereby is received and filed.
ADOPTED.
FINANCE
(Brian C. Davis, Chairman)
NO. 76
Proposed Agreement with Seneca Erie Gaming Corp. —
Seneca Gaming Corp. & Seneca Nation (Mayor)
(Item No. 2, C.C.P., Oct. 17, 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 and the same hereby is received and filed
ADOPTED
No. 76
General Municipal Law 239m - Referral for Casino Related Actions (Law)
(Item No. 28, C.C.P., Oct. 17, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the following item be and the same hereby is received and filed.
ADOPTED
NO. 77
General Municipal Law 239m - Referral for Casino Related Actions
(Item No. 86, C.C.P., Sept. 5, 2006)
(Item No. 66, C.C.P., Oct. 17, 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 and the same hereby is received and filed
ADOPTED
No. 78
R. Shah - Seneca Erie Gaming Corp. - Materials to Assist City in its
Review /Approval of Proposed Agreement
(Item No. 48, C.C.P., Oct. 17, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above tem be and the same hereby is received and filed
ADOPTED
No. 79
Response to L Grear- Est Eva Ann Lidge
Deed in Lieu of Foreclosure
150 & 152 Pratt (Ell) (Strat Plan)
( #7 10/17)
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 80
Utility Easement Agree. -Natl. Grid for Use of
2827 Main St. -Sch. #200
(Masten) (PW) ( #24
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 81
P. Haberstro - Req. Approval of Extension of Agreement
between Wellness Institute and the Dept. of Public Works
(Item No. 45, C.C.P., Oct. 17, 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 and the same hereby is received and filed
ADOPTED
NO. 82
Contract for Fire Promotional Exams
(Item No. 69, C.C.P., Sept. 5, 2006)
(Item No. 67, C.C.P., Oct. 17, 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. 83
B. Davis -L. Grear -Est. of. Lidge -Deed in lieu of
Foreclosure -150 & 152 Pratt St.
( #60,5/16)
That the above item be, and the same hereby is received and filed.
ADOPTED
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 84
Name George J. Hartman Fields Football Field in honor of
"Paul Fitzpatrick" (Hrg. 10/31)
CCP# 156 - October 3, 2006
That the above item be and the same is returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto.
On a motion by Mr. Bonifacio, seconded by Mr Kearns before the Common Council, and the hearing is opened.
CARRIED
Appearances -
In Favor: Brian Miller, Councilmember Michael Kearns
Opposed: none
Mr. Bonifacio moved that the hearing be closed. Seconded by Mr Russell
CARRIED.
Mr. Bonifacio now moved that, after the required public hearing held by this Common Council, the above item be and the
same hereby is approved. Seconded by
Mr Bonifacio moved
That pursuant to Section 286 -3 of the City Code, the City Clerk is authorized to hold a public hearing on October 31, 2006
at 2:00 p.m. to consider changing the name of the George J. Hartman Field football field "Paul Fitzpatrick Field" and that
after said public hearing the request to change the name of George J. Hartman Field football field to "Paul Fitzpatrick
Field ", is hereby approve.
PASSED
AYES — 9 NOES — 0
NO. 85
Notice of Intention - Name George J. Hartman Fields
Football Field in Honor of "Paul Fitzpatrick"
(Item No. 35, C.C.P., Oct. 17, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above - mentioned item be and the same is hereby received and filed. Adopted.
ADOPTED
NO. 86
R. Santoro, Petition to Use 75 Hickory - Freestanding Signs
(Item No. 50, C.C.P., Oct. 17, 2006)
That the petition of R. Santoro, agent, for permission to use 75 Hickory for a freestanding ground sign be, and hereby is
approved.
Passed
AYES — 9 NOES — 0
NO. 87
Req. for Spec. Pub. Hrg. On Haz. Materials Transportation
( #95
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 88
Ord. Amend.- Chapter #96- Bonds /Contracts-
Apprenticeship Program $100,000 Limit (PW) ( #22
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 89
Ordinance Amendment - Chapter 16 - Finance
(Item No. 144, C.C.P., Oct. 3, 2006)
That after the public hearing before the Committee on Legislation on October 10, 2006, the Ordinance Amendment as
contained in Item No. 144, C.C.P., October 3, 2006, be and the same hereby is approved.
PASSED
NO. 90
Ord. Amend. Chapter #16- Finance Article VII
( #167,7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 91
Ordinance Amendment - Chapter 372 - Bouncer Law
(Item No. 112, C.C.P., Sept. 5, 2006)
(Item No. 73, C.C.P., Oct. 17, 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. 92
329 Franklin Street - Encroachment
(Item No. 17, C.C.P., Oct. 17, 2006)
That the above item he, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved that the above Item be recommitted to the Committee on Legislation
ADOPTED
NO. 93
R. Santoro, Petition to Use 187 Southside - Ground Sign
(Item No. 68, C.C.P., Oct. 3, 2006)
That the petition of R. Santoro, agent, for permission to use 187 Southside for a ground sign 4' x 8', total height 6', non -
illumated be, and hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 94
Having Council Rep. Serve on EC Harbor Dev. Corp. (Exc. 1 & 2 Res)
(# 157,10/3)
That the above item be, and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED
NO. 95
Signage within City Right of Way at Various Locations
(Item No. 21, C.C.P., Oct. 3, 2006)
That the petition of Ms. Louise McClive, acting on behalf of the Buffalo Architectural Experience, for permission to install
signage within the City right of way at the various locations listed in the above communication, for freestanding signs and
include a rectangular section measuring approximately 4' (four feet) by 3' (three feet) attached at a 45 degree angle to
enable reading of information about the site be, and they hereby are approved.
PASSED
AYES — 9 NOES — 0
NO. 96
B. Davis -West Side Market -255 Carolina St.
( #84,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 97
B. Davis -Bflo. Academy of Science Charter School
( #85,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 98
B. Davis -G. Gawrys -Req. "No Pkg. Betw. Signs" Designation -254 Franklin
( #64,4/4)
That the above item be, and the same hereby is received and filed.
COMMUNITY DEVELOPMENT
(Joseph Golombek Jr., Chairman)
No. 99
Scoping Document /Alternate Screening Report
(Item No. 40, C.C.P., Oct. 17, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Scoping Document /Alternate Screening Report be approved.
Passed.
AYES — 9 NOES — 0
NO. 100
NFTA Transferring Outer Harbor Land to the
Erie Canal Harbor Development Corporation
(Item No. 153, C.C.P., Oct. 3, 2006)
That the Common Council requests a report from the Corporation Counsel as to the status of the City's settlement of the
Outer Harbor litigation with the NFTA. Specifically, whether formal settlement documents have been executed?
That the Common Council requests a report from the Corporation Counsel as to the impact of the NFTA transferring the
Outer Harbor to the Erie Canal Harbor Development Corporation, upon the legal settlement agreement reached between
the City and the NFTA regarding the Outer Harbor?
ADOPTED
NO. 101
M. LoCurto -The Micropark Revolutions
( #5 9,10/3 )
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 102
R. Tylieki -NFTA ROW Near Starin Avenue
( #86,7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 103
D. Bonifacio - Northern Shared Border Gateway
(Item No. 35, C.C.P., Apr. 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. 104
D. Bonifacio - S. Hoyt - Letter to M. Chertoff-
Shared Border Mgmt - Peace Bridge
(Item No. 80, C.C.P., Sept. 5, 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.
RESOLUTIONS
NO. 105
BY: MR. BONIFACIO
REQUIRE THE STATE ENVIRONMENTAL QUALITY
REVIEW TO THOROUGHLY STUDY THE IMPACTS OF THE PEACE
BRIDGE EXPANSION PROJECT ON THE CITY OF BUFFALO AND RETAIN ALTERNATIVES
Whereas: The Buffalo and Fort Erie Public Bridge Authority is the project sponsor for a border crossing expansion project
being proposed between the City of Buffalo and the Town of Fort Erie known as "The Peace Bridge Expansion Project';
and
Whereas: The citizens of Buffalo and this region deserve the very best project imaginable, and the City of Buffalo through
our Mayor and Common Council are united and will not accept a second -rate project; and
Whereas: The City of Buffalo believes that this Peace Bridge Expansion Project is so vitally important to the WNY region
and is so uniquely grand, that it should be considered and funded as a demonstration project with the assistance of the
Federal and State governments as a model for future bridge crossing projects throughout the world; and
Whereas: The City of Buffalo and the Buffalo and Fort Erie Public Bridge Authority entered into a Memorandum of
Agrecment (the "Agreement') dated 29 January, 2003 setting forth certain procedures to be followed in the preparation
and review of an Environmental Impact Statement under the Bi- national Integrated Environmental Review Process being
conducted for the Project; and
Whereas: Under the Agreement the City of Buffalo is to review and ratify the progress of the Project at three critical
milestones which are:
1)Completion of the Final Scoping Document /Alternative Screening Report;
and
2) Completion of the Draft Environmental Impact Statement; and
3) Completion of the pre -Final Environmental Impact Statement; and
Whereas: The Buffalo and Fort Erie Public Bridge Authority submitted a proposed Final Scoping Document /Alternative
Screening Report dated 29 October 2003; and
Whereas: This matter came to be heard at a public hearing to review the original Final Scoping Document /Alternative
Screening Report on 4 December 2003; and
Whereas: Addendums #1 dated 26 January 2004 and Addendum #2 dated 3 October 2006 to the proposed Final Scoping
Document /Alternative Screening Report have been provided by the project sponsor for ratification by the City of Buffalo;
and
Whereas: The review of the proposed Final Scoping Document /Alternative Screening Report and the public through their
participation at the public hearing taken together clearly identify the need to protect the public from the adverse effects of
clearing commercial vehicles adjacent and upwind of a residential neighborhood; and
Whereas: The City of Buffalo through the office of the Mayor has requested that the Project sponsor pursue a Shared
Border Management ( "SBM ") plan to maximize the resources on both sides of the International Border Crossing to
alleviate or minimize the clearing of commercial
vehicles adjacent to and upwind of a residential neighborhood, and lessen the need for the Project to encroach into Front
Park and the residential neighborhoods; and
Whereas: The Buffalo and Fort Erie Public Bridge Authority has agreed to pursue SBM as an appropriate alternative and
has provided to the Common Council Addendum #2 which is incorporated in the revised Final Scoping
Document /Alternative Screening Report dated 3 October 2006; and
Whereas: The revised Final Scoping Document /Alternative Screening Report as amended by Addendum #2 does present
alternatives including Shared Border Management and traditional plaza inspection alternatives and pursues the studying
of the benefits of alternatives through the Draft Environmental Impact Statement to determine if such alternatives can
adequately avoid, minimize or mitigate the adverse effects on the host communities; and
Whereas: An appropriate public notice must be issued advising the public of the finalization of the scoping document and
availability for comment of Addendum # 2 dated 3 October 2006 which replaces the entire Executive Summary, adds
information to address the need for expanded bridge capacity in conjunction with Shared Border Management, replaces
the Financial Capacity section, adds information to summarize the alternative selection process and associated
environmental analysis required with Shared Border management, replaces the no -build alternative section, adds a
section to summarize the alternative screening process, presents the status of SBM alternatives and subsequent work on
bridge concepts, replacing US plaza is deleted in its entirety, relocating the US plaza is added, and a section is added to
present the status of the traditional plaza alternatives under development during the preliminary design phase, and
section 8.h.2. explaining SBM has been deleted and better explained within other sections of the document; and
Now Therefore, Be It Resolved:
That this body is requiting the State Environmental Quality Review Process for the Project to thoroughly study the impacts
of the project on City of Buffalo and retain alternatives which have the potential to avoid, minimize, or mitigate against
adverse impacts of the Project on the City of Buffalo; and
Be It Further Resolved:
The City of Buffalo following extensive collaboration and refinement of alternatives believes the alternatives included and
issues to be studied are reasonable and appropriate, and satisfy its obligation under the State Environmental Quality
Review Act; and
Be It Further Resolved:
That the City of Buffalo in accordance with the January 29th, 2003 Memorandum of Agreement herby ratifies the Final
Scoping Document /Alternative Screening Report as modified by Addendum #2 as complete and an appropriate basis from
which the Draft Environmental Impact Statement is to be written.
PASSED
AYES - 9 NOES -0
NO. 106
BY MR. DAVIS
ORDINANCE AMENDMENT CHAPTER 137, CODE ENFORCEMENT
The Common Council Ofthe City of Buffalo does hereby ordain as follows:
That Chapter 137 of the Code of the City of Buffalo be amended to read as follows:
§ 137 -7. Schedule of fines and penalties.
The schedule of fines and penalties shall be as follows:
Initial Additional Maximum
Type of Violation Fine Penalty Penalty Total
Fine Class C $52.50 $52.50 $52.50 $157.50
Unregistered Bouncer
372 -7A
Fine Class E $105.00 $105.00 $105.00 $315.00
Establishment
Employing Unregistered
Bouncer (s)
§ 372 -7B
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.
BYRON W. BROWN
MAYOR
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 107
BY: MR. DAVIS
ORDINANCE AMENDMENT CHAPTER 176, 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 -1. Enumeration of fees.
The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated
under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance &such
licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type
of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all
regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common
Council from time to time.
Code Chapter
Section, Type of Application,
Permit or License
Chapter 372, Bouncer Law
372 -10, Registration Fee
Bouncer Registration $35.00 annually
Bouncer Registration renewal $35.00
Bouncer Registration
Lost ID Badge Replacement $15.00
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.
BYRON W. BROWN MAYOR
APPROVED AS TO FORM
Corporation /Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 108
ORDINANCE AMENDMENT CHAPTER 372, BOUNCER LAW
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to add a new Chapter 372 to read as follows:
§372 -1, Bouncer Registration
This Chapter shall be known and may be cited as the "Bouncer Law of 2006."
"Bouncer" means any employee whose principle duties are engaged in providing protection and /or security of any
premises wherein alcoholic beverages are sold for consumption on said premises: or a premises operated for profit or
pecuniary_gain or as a " place of assembly where alcoholic beverages are provided by the operator of the premises.
"Principle Duties" means fifty percent (50 %) or more of an employee's duties on a work-
day.
"Establishment" means a premises operated for profit or pecuniary gain or as a place of assembly where alcoholic
beverages are provided.
§372 -2, Applicability and Prohibited Conduct
No person shall engage in providing protection and /or security of any premises wherein alcoholic beverages are sold for
consumption on said premises: or a premises operated for profit or pecuniary gain or as a place of assembly where
alcoholic beverages are provided by the operator of the premises without obtaining and a valid Bouncer Registration Card
and displaying a City of Buffalo issued identification badge as provided for under this Chapter.
In addition, no establishment shall employ a bouncer who does not obtain and display a valid Bouncer Registration Card
and badge as provided for under this Chapter. All establishments who employ bouncers within the meaning of this chapter
shall keep a daily /nightly log -book indicating and identifying all bouncers on duty each day or night.
§372 -3, Application and Requirements for a Bouncer Registration Card
Application for a Bouncer Registration Card shall be made to the City Clerk by the individual, in writing, duly sworn to,
upon forms to be furnished by the City Clerk, and shall show the individuals name, address, telephone number, the
business name(s) and addresses where the individual provides his or her services and any other information as may be
reasonably required by the City Clerk. The applicant shall be responsible for keeping all information provided on said
forms both accurate and current and updating this information as may be necessary and practical.
§372 -4, Background Investigation
All applications for a Bouncer Registrations shall be referred by the City Clerk to the Commissioner of Police, who shall
promptly cause an investigation to be made into the criminal background and moral character of the applicant. The
Commissioner of Police shall investigate and report such findings and make a recommendation to the City Clerk as to
whether or not approval and issuance of the Bouncer Registration Card is recommended. If approval is not
recommended, such report shall state the reasons therefore.
§372 -5, Issuance and Denial of a Registration Card
A. Upon receipt of a completed application and all necessary approvals, the City Clerk shall issue to each applicant a
Bouncer Registration Card and a Bouncer Identification Badge showing a picture of the individual and the number
assigned to such individual. The Bouncer Identification Badge shall be conspicuously displaced and worn by such
individual at all times when on duty. Such badge shall remain the property of the City of Buffalo and shall be surrendered
upon the expiration, suspension and /or revocation of the individual's registration.
B. In the event that the City Clerk denies the issuance of a Bouncer Registration Card such denial shall be in writing and
shall be provided to the applicant. No applicant shall be denied a registration card based on the background investigation
unless there is a direct relationship between one or more of the previous criminal offenses and the specific license or
employment sought: or the issuance of the license or the granting of the employment would involve an unreasonable risk
to property or to the safety or welfare of specific individuals or the general public. (New York Correction Law Section 752)
and the City Clerk shall take into consideration the factors set forth New York Correction Law Section 753.
§372 -6, Expiration, Suspension and Revocation
A. All Bouncer Registrations shall expire annually on September 30 and shall be renewed on or before said expiration
date.
B. Any Bouncer Registration card issued under the Chapter may be suspended, revoked, or renewal thereof refused by
the City Clerk but only after sufficient notice to the holder of the Bouncer Registration Card and a hearing before the City
Clerk, his designee. The City Clerk may designate an Administrative Law Judge, who shall be an attorney admitted to
practice in the State of New York for at least three U years, to administer hearings held pursuant to this chapter. Said
Administrative Law Judge shall recommend to the City Clerk whether a Bouncer Registration card issued under the
Chapter should be revoked, suspended, or renewal thereof refused, after notice and hearing. The holder shall be entitled
to present evidence at this hearing as to why the Bouncer Registration Card should not be suspended, revoked, or
renewal thereof refused.
C. In determining whether a Bouncer Registration Card should be suspended, revoked, or renewal thereof refused, the
City Clerk may consider all relevant facts
and circumstances including, but not limited to complaints received regarding the bouncer, criminal incidents involving the
bouncer, including police incident reports, arrest information and criminal convictions and dispositions, violations of City
ordinances including but not limited to failing to display the identification badge while on duty, and other conduct which
threatens the public health, safety, and welfare.
D. Any individual whose registration card has been revoked, suspended, or renewal thereof refused may commence a
proceeding in accordance with Article 78 of the Civil Practice Laws and Rules.
§372 -7, Penalties
A. Any bouncer who fails to obtain a valid Bouncer Registration Card and /or display a valid bouncer identification card in
violation of this chapter may be fined and /or imprisoned in accordance with Buffalo Charter Section 1 -15, and Chapter 137
of the
City Code, and said penalties shall be administered pursuant to same. Each day that a violation of this chapter exists shall
constitute a new and separate offense.
B. Any establishment found to employ individuals in violation of this chapter shall be subject to fines and penalties as so
designated in Chapter 137 of the City Code. The City Clerk may notify the Department of Economic Development, Permit,
and Inspections Services of the alleged violation which may conduct its own hearing and review process in accordance
with all applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have
issued to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing_
C. In instances where an establishment has been found to employ bouncers in violation of this chapter on three U or
more occasions, the City Clerk shall notify the Department of Economic Development, Permit, and Inspections Services of
the alleged violation which shall conduct its own hearing and review process in accordance with all applicable provisions
of the Charter and Code of the City of Buffalo to determine whether an,/ licenses it may have issued to the establishment
should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing_
§372 -8, Exemptions
Any individual possessing a valid registration card authorized by the Department of State issued under the Securit' /Guard
Act of 1992 may provide said valid registration card to the City Clerk and be exempted from the aforementioned
application process and entitled to a non - chargeable Bouncer Registration Card.
§372 -9, Separability
If any part of this Chapter shall, for an' /reason, be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not impair or invalidate the remainder of this Chapter
§372 -10, Registration Fee
The City of Buffalo may impose and collect a reasonable fee in commensurate with the issuance and enforcement of this
chapter. Said fee shall be adopted by the Common Council and be codified in Chapter 175 of the Cit,� Code.
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.
BYRON W. BROWN MAYOR
APPROVED AS TO FORM
Corporation Counsel
Matter underlined is new.
Matter in brackets to be deleted
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 109
BY MR. DAVIS
REQUEST NEW ELLICOTT URBAN RENEWAL PLAN PRIOR TO AUGUST 2007 EXPIRATION
Whereas: The Ellicott Urban Renewal Plan generally conforms to the comprehensive plan for the development of the
community as a whole and is consistent with local objectives; and
Whereas: The Common Council of the City of Buffalo approved the Ellicott Urban Renewal Plan on August 2, 1957; and
Whereas: The Ellicott Urban Renewal Plan provides for a combination of residential, commercial and industrial
development; and
Whereas: The original Ellicott Urban Renewal Plan has been amended to accommodate changing economic conditions;
and
Whereas: The current Ellicott Urban Renewal Plan is set to expire August, 2007. It is the wish of this Council that a new
Ellicott Urban Renewal Plan be developed prior to August, 2007; and
Whereas The new Ellicott Urban Renewal Plan should encompass new boundaries south to South Park, and would
address development around the proposed new Buffalo Creek Casino that would ultimately contribute to the future
economic growth and development of the City of Buffalo, as well as providing for the systematic, long term preservation,
restoration and revitalization of this historically significant area of the City of Buffalo. The Plan should also address and aid
in the stabilization of real property values and local property tax rolls, and provide a framework for public and private
reinvestment within the area;
Now, Therefore, Be It Resolved That:
This Common Council does hereby request the Office of Strategic Planning to begin the process of drafting a new and /or
amended Ellicott Urban Renewal Plan for submission pursuant to General Municipal Law Article 15, which involves the
creation of an Urban Renewal Plan by BURA, review by The City Planning Board, the necessary findings that the area is
appropriate for urban renewal and Compliance with the State Environmental Quality Review Act, prior to the sunset of the
current Ellicott Urban Renewal Plan in August 2007. That such Urban Renewal Plan takes into consideration the above
Reference requested inclusions into the Plan; and
Be It Further Resolved That: Upon the adoption of this resolution by the Buffalo Common Council the City Clerk is hereby
directed to send copies of this resolution to Mayor Byron W. Brown, Richard Tobe, Commissioner of the Department of
Economic Development, Permits and Inspections, Bill Grillo, Principal Planner, city Planning Board and to Timothy E.
Wanamaker, Executive Director of the Office of Strategic Planning for implementation; and
Be It Finally Resolved That: The Executive Director of the Office of Strategic Planning is hereby directed and authorized to
prepare a new and /or amended Ellicott Urban Renewal Plan and is further directed to file a written Progress report with
the Buffalo Common Council within 90 days of passage of this resolution.
ADOPTED 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,
THE CITY PLANNING BOARD, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND
INSPECTIONS
NO. 110
BY. MR. DAVIS
REQUEST NYSDOT TO INSTALL APPROPRIATE SIGNAGE
FOR DR. MARTIN LUTHER KING, JR., EXPRESSWAY
(FORMER KENSINGTON EXPRESSWAY)
Whereas: The Kensington Expressway, now known as "Martin Luther King, Jr. Expressway ", was built in the late fifties
and early 1960's as part of the Federal Highway Act; and
Whereas: Since then The City's Department of Public Works has
worked with the New York State Department of Transportation and
Federal government to develop various thoroughfare and
roadway improvements including the Martin Luther King, Jr., Expressway; and
Whereas: On February 22, 2002 a resolution was passed by the Buffalo Common Council to Rename Kensington
Expressway and Humboldt Parkway to "Dr. Martin Luther King, Jr., Way" and as required by Section 286 -5 of the Code of
the City of Buffalo, the City Clerk's office was directed to notify the proper authorities; and
Whereas: To date, plenty and appropriate signage designating the former Kensington Expressway as "Dr. Martin Luther
King, Jr., Way" has not been installed.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby requests that the Department of Public Works work in conjunction
with the New York State Department of Transportation in order to expedite the installation of appropriate signage
identifying the former Kensington Expressway as "Dr. Martin Luther King, Jr., Way ".
Now, Therefore, Be It Further Resolved:
That the City Clerk hereby is directed to send a certified copy of this resolution to the New York State Department of
Transportation and the New York State Thruway Authority
ADOPTED
NO. 111
SPONSOR: COUNCIL MEMBER RICHARD A. FONTANA
RE: VACANT LOTS BEING CHARGED A USER FEE
Whereas There are several of vacant lots in the City of Buffalo that are being purchased by concerned community
activist's, who are struggling to keep their community alive and clean.
Whereas: Providing a responsible party to rejuvenate the prior community eyesores.
Whereas This Allows the City of Buffalo to have an active owner in the community responsible for all aspects of the lot.
Whereas The lot is now properly maintained and up -kept, due to the owner living near or next to the vacant lot and being
able to properly monitor all activities taken place.
Whereas These owners are not given totes to legally dispose of trash. However they are expected to pay the City garbage
userfee.
Whereas These lots are not being used for personal revenues or income supplements and are charged for a good deed
service to the community.
Now, Therefore, Be it Resolved:
That the office of Public Works and Administration and Finance, should report back to the Common Council on the issue
of charging vacant lot owners for services that they may not be able to use.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND TAXATION, THE
COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE CORPORATION COUNSEL
NO. 112
BY: MR. FRANCZYK
RE: BLOCK LOANS FOR OUT OF TOWN LANDLORDS
WHEREAS: Banks are bound by their own internal policies, and are not required to give loans for out of state or out of
region absentee landlord property investors to purchase property in the City of Buffalo; and,
WHERAS: Buffalo neighborhoods have been devastated by absentee landlord investors many of whom five outside
Western New York, or even reside in foreign countries; and,
WHEREAS: The most recent tool used by these slumlords is through intemet "flipping," and,
WHEREAS: Banks or lenders are allowed to differentiate between local investors or out of town investors, particularly
iftbose investors intend to purchase income property in the city; and,
WHEREAS: It is unknown if banks merely develop their loan pofiey based on the applicant's ability to pay back the loan,
or if a deeper analysis is done to determine if the investor will be a good or bad steward of their property in a potential
Buffalo neighborhood;
NOW THEREFORE BE IT RESOLVED:
That the Common Council ask local banks and lending institutions to provide a response in regards to their policy in
assigning loans to out of region, state or country investors whose intention is to purchase income property in the City of
Buffalo.
ADOPTED 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO. 113
BY: MR. FRANCZYK
RE: DETERMINATION OF SIGNIFICANCE PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT
( "SEQR ") FOR THE ABANDONMENT AND SALE OF FULTON STREET AND THE PROPOSED AGREEMENT
BETWEEN THE CITY OF BUFFALO AND THE SENECA GAMING CORPORATION, THE SENECA ERIE GAMING
CORPORATION AND THE SENECA NATION OF INDIANS
PROJECT NAME: SENECA ERIE GAMING CORPORATION AGREEMENT
Project Description: Approval and implementation of an agreement between the City of Buffalo ( "City "), the Seneca
Nation of Indians ( "Nation "), Seneca Gaming Corporation ( "SGC ") and Seneca Erie Gaming Corporation ( "SEGC ") (the
Nation, SGC and SEGC are collectively referred to as the "Senecas ") pursuant to which the City will undertake or approve
the following actions: (i) abandon the portion of Fulton Street ( "Fulton Street Right -of- Way ") which runs through the
Buffalo Creek Territory, 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 in the City of Buffalo ( "Buffalo Creek Territory ") and
the sale of same to SEGC; (ii) cut off or cap al public utility lines and facilities currently located within or under the Fulton
Street Right -of -Way; (iii) make available certain emergency response services from the City Fire Department to the
Buffalo Creek Territory; (iv) make available traffic or crowd control assistance for special events at the Buffalo Creek
Territory and during certain HSBC events from the City Police Department; (v) provide local water service to the Buffalo
Creek Territory; (vi) provide local sewer service to the Buffalo Creek Territory; (vii) Make certain infrastructure
improvements in the vicinity of the Buffalo Creek Territory which include: (a) reconstruct Fulton from Marvin to Chicago as
four lanes (two eastbound and two westbound); (b) reconstruct Chicago from 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 Perry; (f) adjust signal timings at the intersections of Michigan and South Park,
Louisiana and South Park, and Louisiana and Perry; (g) re- stripe eastbound approach at intersection of Swan and
Michigan; (h) re- designate southbound lane configuration of Michigan and Perry intersection to include an exclusive
southbound left turn lane and the addition of a southbound left turn arrow on the signal head; (i) install alternate casino
route signage on Michigan, Seneca and Louisiana Streets; Q) separate Buffalo Creek Territory storm water flow from
existing combined sewer system by constructing new, dedicated storm line from the intersection of 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 Right -of -Way from the intersection of Michigan and Perry, east along Perry to Chicago, then south along
Chicago to Fulton.
Location Buffalo Creek Territory and surrounding roadway network, City of Buffalo, Erie County.
SEQR Status: Type 1 Unlisted XX
Determination of Significance: Negative Declaration Positive Declaration
Lead Agency City of Buffalo Common Council, 65 Niagara Square, Buffalo, NY
Whereas
On December 8, 2005, the Nation through SGC and SEGC, commenced construction of a class III gaming facility
( "Casino ") on the Nation's Buffalo Creek Territory; and
The Casino will be constructed upon lands which are the territory of the Nation and the City has no jurisdiction over the
construction or operation of the Casino; and
Whereas The Seneca's have requested that the City abandon and sell to SEGC the Fulton Street Right -of -Way; and
Whereas The City entered into negotiations with the Seneca's relative to this request in an effort to obtain certain
assurances for the citizens of the Buffalo and Erie County relative to the construction and operation of the Casino; and
Whereas Through these negotiations, the City and the Seneca's have developed a proposed agreement ( "Proposed
Agreement ") which will embody certain assurances relative to the construction and operation of the Casino in exchange
for the abandonment and sale of the Fulton Street Right -of -Way and other consideration;
Whereas The Proposed Agreement provides that SEGC will assist the City with the preparation of environmental reviews
or reports required pursuant to SEQR;
Whereas SEGC, by way of communication dated July 19, 2006, provided the City with a full environmental assessment
form ( "EAF "), supplemental information about the Casino building program; a cultural resources report; a utility impacts
report; and a site condition report; and
Whereas The Common Council, by way of communication dated July 25, 2006, classified the abandonment and sale of
the Fulton Street Right -of -Way as an Unlisted Action for purposes of SEQR, declared its intent to act as lead agency, and
provided a copy of the EAF to the City of Buffalo Planning Board, the County of Erie Department of Environmental
Planning, the City of Buffalo Appraisal Review Board, the Buffalo Sewer Authority, the New York State Thruway Authority,
the Buffalo Fiscal Stability Authority, the New York State Department of Transportation - Region 5, and the City of Buffalo,
Department of Public
Works, Parks and Streets giving each agency 30 days to contest lead agency status; and
Whereas No agency has contested the Common Council's designation as lead agency;
Whereas The New York State Thruway Authority, by way of communication dated August 21, 2006, notified the Common
Council that the abandonment of the Fulton Street Right -of -Way will not have any impact upon the New York State
Thruway;
Whereas SEGC, by way of communication dated October 12, 2006, provided the City with updated and revised
environmental documentation analyzing the potential adverse environmental impacts associated with the Proposed
Agreement including a revised EAF, expanded environmental analysis and information, a geotechnical evaluation report
for the project area; an updated utility impact report; and updated cultural resource analysis; a traffic impact study and an
environmental conditions review of the project area; and
Whereas The Common Council, by way of communication dated October 18, 2006, provided the updated and revised
environmental documentation to the City of Buffalo Planning Board, the County of Erie Department of Environmental
Planning, the City of Buffalo Appraisal Review Board, the Buffalo Sewer Authority, the New York State Thruway Authority,
the Buffalo Fiscal Stability Authority, the New York State Department of Transportation - Region 5, and the City of Buffalo,
Department of Public Works, Parks and Streets;
Whereas The Buffalo Police Department, by way of communication dated October 23, 2006, concluded that the Proposed
Agreement will have no detrimental impact upon the ability of the Police Department to police the area of the Casino and
that existing crowd control procedures can adequately address any large event at the Casino site; and
Whereas The Buffalo Fire Department, by way of communication dated October 23, 2006, concluded that the Proposed
Agreement will have no negative impact on the Fire Department's ability to handle fire or other emergencies in the area of
the Casino and that there will be sufficient access to the Casino should the Fulton Street Right -of -Way be abandoned; and
Whereas The Common Council held a Special Council Work Session on Wednesday, October 25, 2006 to review and
consider the updated and revised environmental documentation; and
Whereas The Special Work Session was attended by representatives of Department of Public Works, the Planning Staff
of the Office of Strategic Planning; Council staff and legal representatives and SEGC's environmental consultants who
prepared the updated and revised environmental documentation all of whom provided information and clarification to the
Common Council regarding the updated and revised environmental documentation; and
Whereas The Planning Staff from the City Office of Strategic Planning, by way of communication dated October 26, 2006,
informed the Common Council that they had reviewed the updated and revised environmental documentation and while
some additional documentation and clarification should be provided, they had concluded that this information provides a
thorough analysis of potential environmental impacts associated with the Proposed Agreement and supports the issuance
of a negative declaration under SEAR; and
Whereas The Common Council held a public hearing on the proposed abandonment and sale of the Fulton Street Right -
of -Way to the SEGC on October 26, 2006; and
Whereas The public hearing was well attended and many comments were received and considered by the Common
Council relative to the potential environmental impacts associated with the Proposed Agreement and with the construction
and operation of the Casino; and
Whereas SEGC, through its consultant Wendel Duchscherer, by way of communication dated October 30, 2006, has
supplemented the environmental documents providing the additional documentation and clarification requested by
Planning Staff from the City Office of Strategic Planning; and
Whereas The additional environmental documentation and clarification was reviewed and discussed by the Common
Council at its regular meeting on Monday, October 30, 2006;
Whereas The Common Council has considered whether the construction and operation of the Casino can properly be
segmented from the environmental review for the Proposed Agreement in accordance with the requirements of SEAR;
and
Whereas A thorough analysis of the relevant facts and law shows that segmenting the environmental review of the
Proposed Agreement from the construction and operation of the Casino is appropriate and in accord with the
requirements of SEAR; and
Whereas The Common Council has carefully considered the full scope of the Proposed Agreement having reviewed and
considered the entire record and proceedings relating to the adoption and implementation of the Proposed Agreement
(see attached list of supporting documentation) and having considered the comments and points of view of both
proponents and opponents of the Casino; and
Whereas The record demonstrates that to the extent there are adverse environmental impacts associated with the
Proposed Agreement, where necessary, all adverse impacts have been mitigated to the greatest extent possible and that
none of these impacts will be significant; and
Whereas It is appropriate that the Common Council as lead agency issue a negative declaration for the adoption and
implementation of Proposed Agreement.
NOW THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL MAKES THE FOLLOWING FINDINGS OF
FACT:
1. Segmentation of the environmental review for the Proposed Agreement from the construction and operation of the
Casino is appropriate.
2. SEQR requires review of an entire set of activities or steps that constitute a project, whether the agency decision -
making relates to the action as a whole or to only part of it.
3. The Proposed Agreement, discussed extensively herein, will embody certain assurances relative to the construction
and operation of the Casino by the Senecas. In addition, the abandonment and sale of the Fulton Street right -of -way will
affect the options available to the Senecas for the construction of the Casino. Moreover, the Proposed Agreement
provides that the Senecas will build a 220,000 square foot casino with a specialty restaurant, a 24 hour casual dining
restaurant, a multi - purpose room, retail stores and a 2500 space parking garage substantially in accordance with the
design that was publicly unveiled on or about June 1, 2006 with an aggregate capital investment by SEGC of at least
$125,000,000 and which will include 1900 -2200 slot machines and 30 -50 table games.
4. As such, the adoption and implementation of Proposed Agreement and the construction and operation of the Casino
are related actions pursuant to SEAR.
5. Nonetheless, an environmental review for the construction and operation of the Casino presents a unique challenge.
The purpose of a SEQR review is to incorporate environmental considerations directly into governmental decision - making
and to mitigate adverse environmental impacts to the maximum extent practicable.
6. The Nation -State Gaming Compact between the Seneca Nation of Indians and the State of New York allows the
Nation to establish the Casino in the City without any - approval or review from the City. The Senecas have already taken
the Buffalo Creek Territory in restricted fee status.
7. The Senecas are free to construct and, in fact, are already constructing the Casino without any - approvals, permits or
authorizations from the City. Accordingly, while the City could undertake a study to assess environmental impacts
associated with the construction and operation of the Casino, the City cannot require the Senecas to mitigate potential
adverse environmental impacts relative to the Casino, nor can it require the Senecas to consider reasonable alternatives.
8. That being the case, the City has utilized the Seneca's desire to obtain the Fulton Street Right -of -Way as a means to
place some limitations upon the Seneca's construction and operation of the Casino and to try to mitigate potential adverse
environmental and economic impacts that the Senecas would not otherwise be required to address.
9. Limitations and /or mitigation which the Proposed Agreement secures for the citizens of Buffalo include both binding
covenants as well as declarations of good faith including among other things, that the Senecas will: (i) spend between $5
to $7 million making infrastructure improvements to City -owned lands around the Buffalo Creek Territory including major
traffic handling improvements; (ii) integrate the Casino structures with the surrounding community and include an urban
park on the site; (iii) employ approximately 1,000 people at Casino and give preference to City of Buffalo Residents for
50% of these jobs and will recruit in high unemployment areas; (iv) abide by a policy of trying to have a workforce
composed of at least 25% minorities and at least 8% women; (v) market the Casino beyond the Western New York
Region in order to help minimize adverse local economic impacts and, (vi) not acquire additional property around the
Buffalo Creek Territory for Casino operations.
10. These conditions are the limit to what the City has been able to negotiate with the Senecas and the City does not have
the ability to place any further conditions upon the Seneca's construction or operation of the Casino.
11. Segmentation is disfavored based on two perceived dangers. First is the danger that in considering related actions
separately, a decision involving review of an earlier action may be practically determinative of a subsequent action. While
the adoption and implementation of the Proposed Agreement will be practically determinative of some aspects of Casino
construction and operation, those aspects involve conditions, established through the Proposed Agreement, that are
designed to limit the potential adverse social, economic and environmental impacts of the Casino upon the City of Buffalo
and its citizens.
12. The second danger of segmentation occurs when a project that would have a significant effect on the environment is
broken up into two or more component parts that, individually, would not have as significant an environmental impact as
the entire project, or indeed, where one or more aspects of the project might fall below the threshold requiring any review.
That is not the case here. As discussed extensively herein, the potential environmental impacts of the adoption and
implementation of the Proposed Agreement have been studied extensively pursuant to SEAR.
13. Accordingly, performance of an environmental review which includes the construction and operation of the Casino by
the City would not serve any useful purpose. The city has obtained all mitigation it can relative to the construction and
operation of the Casino and it is therefore reasonable to segment the environmental review for the adoption and
implementation of the Proposed Agreement from the construction and operation of the Casino.
14 Segmenting the environmental review for the Proposed Agreement from the construction and operation of the Casino
is no less protective of the environment because the actions of the City as provided for in the Proposed Agreement will not
determine whether the Senecas site a Casino on the Buffalo Creek Territory. Such decision has been made and the City
of Buffalo is powerless to stop it.
15. In addition, to the extent there are significant environmental impacts, such impacts are associated with the sitting and
operation of the Casino and not with the actions contemplated by the City in the Proposed Agreement. In fact, many of the
City actions contemplated by the
Proposed Agreement are type II actions under SEQR and /or will mitigate or eliminate adverse impacts that the Casino
might otherwise have.
16. As the City does not have the jurisdiction to impose environmental mitigation or require abatement of adverse
environmental impacts upon the Senecas relative to the construction and operation of the Casino, that activity will be
segmented, as expressly authorized by SEAR, from the adoption and implementation of the Proposed Agreement.
17. In terms of the environmental analysis for the adoption and implementation of the Proposed Agreement, there are no
unique or unusual land forms that will be adversely impacted by the Proposed Agreement and there will be no
construction upon any slopes of 15% or greater.
18. The ground water average depth ranged from 3.7 feet to 5.8 feet below grade level. Reconstruction, repaying and
infrastructure modifications will not adversely impact the water table.
19. The work associated with this project will be performed in one phase and will take approximately 9 months. This timing
will help minimize construction activity impacts to the area.
20. The project area is a well developed urban area with urban land uses. The project's construction area almost entirely
consists of roadway and road rights -of -way. There is no exposed bedrock. The type of construction being proposed
(roadway and infrastructure work) will not impact bedrock in the area and will not necessitate any blasting or rock removal.
21. There are no protected bodies of water or wetlands in the project area.
22. The Proposed Agreement entails the capping and removal of old cast iron (100± years) water lines in Fulton between
Michigan and Marvin and Marvin between South Park and Perry. A new ductile iron water main will be installed in Marvin
Street between South Park and Perry. The cutting, capping and removing of these lines will have no adverse impact on
the City of Buffalo water system; the system will be able to supply adequate water flows (domestic and fire flows) and
pressures to service this Buffalo Creek Territory and surrounding area.
23. The sanitary sewer flows for this area will be separated from the storm sewer flows. Storm sewer flows from the
Seneca Buffalo Creek Territory will be collected on site and flow to a new dedicated storm sewer line. Sanitary sewer
flows from the Seneca Buffalo Creek Territory will discharge into the existing combined sewer along South Park Avenue.
Adequate capacity exists within the BSA system for the discharges associated with the Casino.
24. Construction and excavation activities pursuant to the Proposed Agreement may create minor temporary fugitive dust
emissions and may result in minor emissions from construction equipment. These impacts will be temporary and are not
significant.
25. Due to the project area's developed setting, there is minimal vegetation and wildlife within the project area. Therefore,
there are no sensitive animals, plants or natural communities and /or significant wildlife habitat that will be impacted by the
Proposed Agreement.
26. There are no agricultural resources in the area of the Project Site and the Project will not have any impact upon
agricultural resources.
27. The Proposed Agreement involves the abandonment of a street, reconstruction of roads, and changes to utilities.
These activities will have minimal effect on the aesthetics of the area and roadway work will arguably improve aesthetics
by improving the appearance of the roads.
28. A cultural resource analysis has been completed. The project area is not substantially contiguous to, nor does it
contain, buildings, sites or districts listed on the State or National Registers of Historic Places. Further, the construction
work associated with the Proposed Agreement should not negatively impact any architectural or cultural resources since
the proposed work is limited to the roadbed and does not involve extensive construction within Cobblestone Historic
District. In addition, a monitoring and response plan has been developed in the event any archeological artifacts are
discovered during construction.
29. The project will not have any direct impact on any City of Buffalo open space, conservation areas, or recreation
(parkland) areas nor upon any existing or proposed trailways. The project area does not contain, nor will the Proposed
Agreement adversely affect, any scenic views known to be important to the community.
30. There are no critical environmental areas in the area or surrounding areas of this project.
31. The abandonment of the Fulton Street Right -of -Way and the road improvements will change traffic patterns in the
area. However, the loss of the Fulton Street Right -of -Way is not significant (the area has a well developed roadway
network system) and, as a result of the Proposed Agreement, the Seneca's will undertake at their own expense significant
traffic related improvements in the project area. These improvements will result in a significant improvement to traffic
conditions in the project area.
32. Impacts of the Proposed Agreement upon energy usage are minimal.
33. There will be temporary noise impacts during construction. However, construction will take place during daylight hours
and will not be significant.
34. An environmental review of the project area revealed no significant hazardous waste sites or recognized
environmental conditions within the project area.
35. Per the Proposed Agreement, there will be minimal additional services /costs required by the City and the City has the
capacity to provide these services.
36. The adoption and implementation of the Proposed Agreement, is consistent with the City's recently adopted
Comprehensive Plan entitled "Buffalo's Comprehensive Plan: Queen City in the 21st Century" dated October 2004. In
addition, adoption and implementation of the Proposed Agreement addresses the concerns expressed about the Casino
in the "Queen City Hub Plan ".
CONCLUSIONS
37. Considering all of the above, segmenting the environmental review for the Proposed Agreement from the construction
and operation of the Casino is appropriate and permissible and the adoption and implementation of the terms of the
Proposed Agreement will not have a significant adverse impact upon the environment and a negative declaration pursuant
to SEQR is hereby issued.
38. This Negative Declaration has been prepared in accordance with the requirements of
SEQR (Article 8 of the Environmental Conservation Law).
This Resolution was adopted by a majority vote of the Council on October 31, 2006 and shall serve as the Negative
Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Council, acting as lead agency, in a
coordinated environmental impact review pursuant to SEAR.
For Further Information Contact:
City of Buffalo
Corporation Counsel
Alisa Lukasiewicz, Esq.
1100 City Hall
Buffalo, New York 14202
716 - 851 -4333
Mr. Bonifacio moved to send above item to the Committee on Finance. No Second
Mr. Golombek moved to Deny the Item, No Second
Council President Franczyk moved to adopt said Item, Seconded by Mr. Davis
ADOPTED
AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 6 NOES — GOLOMBEK, KEARNS,
LOCURTO — 3
" Mr. Kearns exercised his right to change his vote and vote in the negative
NO. 114
BY: MR. FRANCZYK
ABANDONMENT AND SALE OF FULTON STREET AND APPROVAL OF A PROPOSED AGREEMENT BETWEEN
THE CITY OF BUFFALO AND THE SENECA GAMING CORPORATION, THE SENECA ERIE GAMING
CORPORATION AND THE SENECA NATION OF INDIANS
Whereas On December 8, 2005, the Seneca Nation of Indians ( "Nation ") through Seneca Gaming Corporation ( "SGC ")
and Seneca Erie Gaming Corporation ( "SEGC ") commenced construction of a class III gaming facility ( "Casino ") on the
Nation's Buffalo Creek Territory, 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 in the City of Buffaio with said parcels
being bisected by Fulton Street; and
Whereas By letter dated April i2, 2006, the SEGC requested that the City of Buffalo abandon and sell the approximately
42,108 square foot portion of Fulton Street that runs through the Buffalo Creek Territory ( "Fulton Street right -of- way "); and
Whereas The Fulton Street right -of -way is derelict, serves a limited public purpose and has no significant value to the
citizens of Buffalo as a right -of -way; and
Whereas SEGC commissioned a real estate appraisal from Klauk, Lloyd & Wilhelm Inc for the Fulton Street right -of -way;
and
Whereas The City of Buffalo Appraisal Review Board convened on July 6, 2006 to review the appraisal prepared by
Klauk, Lloyd & Wilhelm Inc.; and
Whereas The Appraisal Review Board accepted $631,000 as the fair market value of the Fulton Street right -of -way; and
Whereas The Office of Strategic Planning Division of Real Estate by way of communication dated July 6, 2006 referred
the SEGC's request for the abandonment and sale of the Fulton Street right -of -way, along with the findings of the
Appraisal Review Board to the Common Council for its consideration. See Corn 3 CCP July 11, 2006; and
Whereas The request for the abandonment and sale of the Fulton Street right -of -way was referred by the Common
Council to the City of Buffalo Planning Board, the Department of Public Works, the Buffalo Sewer Authority, and the
Common Council's Committee on Finance on or about July 11, 2006; and
Whereas The City Planning Board, at its regular meeting held on July 18, 2006, considered the request for the
abandonment and sale of Fulton Street and reported by way of communication dated July 19, 2006 its recommendations
to the Common Council, primarily that the cost of relocating any affected utilities should be assumed by SEGC. See Corn
3 CCP July 25, 2006; and
Whereas The Department of Public Works filed a communication, attaching several documents submitted by SEGC to
assist the Common Council with its environmental review on or about July 20, 2006. See Corn 30 CCP July 25, 2006; and
Whereas The Buffalo Sewer Authority, by way of communication dated July 21, 2006, concluded that the proposed
abandonment and sale of the Fulton Street right -of -way and the provision of sewer related services to SEGC for the
Casino would have no impact upon the local sewer system. See Corn 59 CCP July 25, 2006; and
Whereas On August 8, 2006, the Common Council received correspondence from the Seneca Nation of Indians stating a
willingness to enter into an agreement with the City to embody certain assurances relative to the construction and
operation of a casino on the Buffalo Creek Territory in exchange for the abandonment and sale of the Fulton Street right -
of -way; and
Whereas Representatives of the City of Buffalo, the Seneca Nation, S GC and SEGC held negotiations relative to the
terms of a possible agreement for the abandonment and sale of the Fulton Street right -of -way; and
Whereas On or about October 12, 2006, Mayor Byron Brown filed a proposed agreement between the City of Buffalo and
the Seneca Nation, SGC and SEGC ( "Proposed Agreement ") for the Common Council's consideration, along with related
correspondence. See Corn 2 CCP October 17, 2006; and
Whereas The Proposed Agreement embodies certain assurances for the citizens of Buffalo and the larger Western New
York Region with regard to the operation of the Casino by the SEGC and will among its many benefits:
• The purchase of a section of Fulton Street between Michigan Avenue and Marvin Street for $631,000;
• The Corporation agrees to make $5 million - $7 million worth of infrastructure improvements to City -owned lands around
the casino;
• The commitment of the Corporation to spend $125milliontobuild a grand casino with an urban park;
• Commitment of the Corporation to hire approximately 1,000 people at the Seneca Buffalo Creek Casino;
• The Corporation will give preference to City of Buffalo Residents for 50% of the jobs;
• The Corporation will continue with their policy to reach the goal of having a workforce composed of at least 25%
minorities and at least 8% women;
• The commitment of the Corporation to spend in excess of $1.7 million annually to market the Seneca Buffalo Creek
Casino and the City of Buffalo to visitors from outside of the region and the State;
• The Corporation will cooperate with the Convention and Visitors Bureau to market the area and will report to the Buffalo
Common Council on an annual basis on their marketing efforts;
The commitment of the City to help develop housing, tourism, recreation and other initiatives in the area surrounding
Seneca Buffalo Creek Casino in order to maximize tourism in the Inner Harbor area.
Whereas proposed Agreement is not approved by the Common Council, the Seneca Nation, SGC and the SEGC will
construct and operate the Casino without such protections for the citizens of Buffalo and the larger Western New York
Region. See Corn 28 CCP October 17, 2006; and
Whereas of Buffalo Department of Law has reviewed the Proposed Agreement and determined that no referral of the
Proposed Agreement to the County Planning Agency is required pursuant to General Municipal Law § 239 -m; and
Whereas The Buffalo Police Department, by way of communication dated October 23, 2006, concluded that the Proposed
Agreement will have no detrimental impact upon the ability of the Police Department to police the area of the Casino and
that existing crowd control procedures can adequately address any large event at the Casino site; and
Whereas The Buffalo Fire Department, by way of communication dated October 23, 2006, concluded that the Proposed
Agreement will have no negative impact on the Fire Department's ability to handle fire or other emergencies in the area of
the Casino and that there will be sufficient access to the Casino should the Fulton Street right -of way be abandoned; and
Whereas The Department of Public Works by way of communication dated October 26, 2006, informed the Common
Council that it had reviewed the updated Environmental Assessment Form ( "EAF ") and other environmental
documentation (dated October 12, 2006) that was submitted by the Seneca Erie Gaming Corporation "SEGC" in support
of its Application for the City of Buffalo to abandon Fulton Street and accepted the general findings and recommendations
of the study concluding that the traffic study adequately addresses the impacts of abandoning and closing Fulton Street to
vehicular traffic, and that the proposed transportation improvements will adequately address any future traffic issues that
may arise as a result of SEGC's development of the site; and
Whereas There are other suitable accesses to the properties affected by the abandonment of Fulton Street; and
Whereas The Department of Public Works by way of communication dated October 26, 2006, concluded that the
Proposed Agreement and development will not have a negative impact on the City's water distribution and that the City's
water distribution system's capacity is sufficient to service the proposed development; and
Whereas The Common Council held a public hearing on October 26, 2006 as to the proposed abandonment and sale of
the Fulton Street right -of way pursuant to General City Law § 29; and
Whereas The Common Council, as lead agency, has undertaken an environmental review of the Proposed Agreement
pursuant to the State Environmental Quality Review Act and has issued a determination of significance relative to same;
and
Now, Therefore, Be It Resolved:
That the public purpose of Fulton Street, between Michigan Avenue and Marvin Street, specifically and as
attached to this resolution ('All that tract or parcel of land situate in the City of Buffalo, County of Erie and State
of New York, being part of Outer Lots 72 and 73 in the City and more particularly described as follows: Beginning
at the intersection of the north line of Fulton Street with the east line of Michigan Avenue," Thence easterly along
the north line of Fulton Street, a distance of 637.60 feet, to a point in the west line of Marvin Street," Thence
southerly along the west line of Marvin Street, a distance of 66.0 feet, to a point in the south line of Fulton Street,"
Thence westerly along the south line of Fulton Street, a distance of 637.60 feet, to a point in the east line of
Michigan Avenue; Thence northerly along the east line of Michigan Avenue, a distance of 66.Ofeet, to the point or
place of beginning. Containing 1.42 acres, more or less.) is hereby abandoned; and
Be It Further Resolved:
That the sale of said portion of Fulton Street between Michigan Avenue and Marvin Street (as described above, and
attached to this resolution) is hereby approved pursuant to all terms and conditions as contained in the Communication
from the Office of Strategic Planning, Division of Real Estate, dated July 6, 2006, and contained in Corn 3 CCP July 11,
2006 along with all terms and conditions as contemplated in the Proposed Agreement between the City of Buffalo and the
Seneca Erie Gaming Corporation as attached to Corn 2 CCP October 17, 2006; and
Be It Further Resolved:
That the City of Buffalo its departments and agents are hereby authorized to prepare any and all documents necessary to
effectuate the abandonment and sale of Fulton Street as provided in this resolution, and the Mayor is authorized to
execute same as necessary.
Be It Finally Resolved:
That the Proposed Agreement between the City of Buffalo and the Seneca Erie Gaming Corporation as attached to Corn
2 CCP October 17, 2006 and referenced in this resolution is hereby approved, and the Mayor is hereby authorized to
execute same on behalf of the City of Buffalo.
PASSED
'Roll Call on the 1 sc resolve Abandonment Fulton- Mr. Bonifacio moved to Approve Item seconded by Mr. Fontana
AYES - BONIFACIO, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 6 NOES — GOLOMBEK, KEARNS,
LOCURTO — 3
'Roll Call on the 2 nd Resolve, Sale of Fulton Street Mr. Bonifacio moved to Approve Item seconded by Mrs. Russell
AYES - BONIFACIO, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 6 NOES — GOLOMBEK, KEARNS,
LOCURTO — 3
'Roll Call on the 3 rd Resolve City Departments Mr. Bonifacio moved to Approve Item seconded by Mr. Fontana
AYES - BONIFACIO, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 6 NOES — GOLOMBEK, KEARNS,
LOCURTO — 3
Roll Call on the 4 h Resolve, Agreement between COB and Seneca Gaming Mr. Bonifacio moved to Approve Item
Seconded by Mr. Davis
AYES - BONIFACIO, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 6 NOES — GOLOMBEK, KEARNS,
LOCURTO — 3
NO. 116
BY: MR. FRANCZYK
PRESERVATION BOARD APPOINTMENT
WHEREAS: Cynthia Van Ness has been withdrawn from consideration for an appointment to the Buffalo Preservation
Board;
NOWTHEREFORE BE IT RESOVLED:
That pursuant to Article II section 337 -3 of the Preservation Standards of the City Charter, I appoint Timothy Tielman of 65
Ketchum St., Buffalo, N.Y. to the Preservation Board. Mr. Tielman works at 97 Elmwood Avenue, which meets criterion
number two of the preservation standard that an applicant to the Preservation Board "shall live, work or own property"
within a predominantly residential historic district.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS
NO. 116
BY: MR. FRANCZYK
RE: PREVENT CUTTING DOWN OF HEALTHY TREES
WHEREAS: On October 13, 2006, the City of Buffalo and surrounding region was socked with a snow storm of historic
proportions; and,
WHEREAS: The Brown administration did an excellent job in quickly and efficiently tackling the immense job of making
sure citizens were safe, power restored, and the city cleaned up; and,
WHEREAS: Virtually every mature tree in the City of Buffalo sustained some kind of damage as a result of the storm, and
many of these trees had to be cut down in the interest of public safety; and,
WHEREAS: Many hundreds of trees had to have branches and limbs cut away from homes, sidewalks and power lines;
and,
WHEREAS: The City Public Works Department, which has experience in pruning, trimming and cutting trees, has the
knowledge and experience to do the job properly, but were replaced by outside companies, who are unaware of the
important legacy of Buffalo as a "City of Trees;' and,
WHEREAS: Due to the historically unprecedented nature of the tree problem, out side companies were hired to assist in
tree trimming and removal; and,
WHEREAS: The City of Buffalo hired Terry Tree Service from Rochester, N.Y., Lewis Tree Service from Rochester and
Asplundah as general contractors to trim, chop, prune and clean up tree debris; and,
WHEREAS: It appears that some of these out of town contract workers monitoring tree pruning or removal may not have
had sufficient training to save those live trees which could have recovered from the storm and should not have been cut
down; and,
WHEREAS: Although close judgment calls on tree pruning versus total tree removal was to be determined by a trained
arborist, some healthy trees which could have recovered were still cut down; and,
WHEREAS: Although it will take up to twenty years to restore the city's tree stock, every effort must be exerted to prevent
the unnecessary cutting down of trees which can be saved;
NOW THEREFORE BE IT RESOLVED:
That the Department of Public Works report on what safeguards have been and are being implemented to prevent the
cutting down of trees which have a chance of recovery in the wake of the historic October storm; and,
BE IT FURTHER RESOLVED:
That the city determine if FEMA or other funds can be used to hire arborists or other experts to inventory and assess a
tree recovery plan for Buffalo, as well as using funds for tree replanting.
ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND URBAN AFFAIRS
NO. 117
By: Mr. Golombek
Support of Elmwood Village Association's Application for Tree Planting Grant
Whereas: The Elmwood Village Association is applying to the New York State Department of Environmental Conservation
for a project grant under the Urban and Community Forestry program to be located within the City of Buffalo, New York, a
site located within the territorial jurisdiction of this Council; and
Whereas: As a requirement of these programs, said organization must obtain the "endorsement of the governing body of
the municipality in which the project will be located ",
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby approve and endorse the application of Elmwood Village
Association for a grant under the Urban and Community Forest Program for a project known as the Elmwood Village
Reforestation Project and located within this community.
NO. 118
By: Mr. Golombek
Support Various Grant Applications for Urban and Community Forestry in the City of Buffalo
WHEREAS: Keep Western New York Beautiful mission is to promote beautification of the environment and to empower
citizens by providing them with the resources and education to achieve natural resource conservation, solid waste
reduction, and the planting of community gardens, trees and other greenery; and
WHEREAS: Keep Western New York Beautiful is applying to the New York State Department of Environmental
Conservation for a project grant called "City Canopy" under the Urban and Community Forestry Program to be located in
targeted neighborhoods and schools within the City of Buffalo; and
WHEREAS: The City of Buffalo's Weed and Seed Initiative is also applying to the New York state Department of
Environmental Conservation for a project grant called, "East Buffalo's Community Reforestation and Empowerment
Initiative" to be located in targeted neighborhoods and schools located within the City of Buffalo, and
WHEREAS: Buffalo and Erie County Botanical Gardens is also applying for a grant to the New York State Department of
Environmental Conservation for a project grant to work with the block clubs and neighbors of South Buffalo to reforest
areas targeted within the City of Buffalo, and
WHEREAS: As a requirement of the grant programs, Keep Western New York Beautiful, Weed and Seed, and the Buffalo
and Erie County Botanical Gardens must get the approval and support of the governing body of the municipality in which
the projects will be located; and
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council does hereby support and endorse the application of Keep Western New York
Beautiful under the Urban and Community Forest Program known as the "City Canopy "; and
NOW, THEREFORE, BE IT FURTHER RESOLVED
That the City of Buffalo Common Council does hereby support and endorse the application of the City of Buffalo Weed
and Seed grant application known as "East Buffalo's Community Reforestation and Empowerment Initiative" and
NOW, THEREFORE, BE IT FURTHER RESOLVED
That the City of Buffalo Common Council does hereby support and endorse the application of the Buffalo and Erie County
Botanical Gardens grant application for a project grant to work with block clubs and neighbors of South Buffalo to reforest
areas targeted within the City of Buffalo.
PASSED
AYES — 9 NOES — 0
NO. 119
MR. KEARNS
Asking the City Comptroller to formally request
in writing the opportunity to inspect and copy the books and
records of Steelfields Ltd. pertaining to the Value Protection Plan
that has been set aside for the residents of Hickory Woods
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: Steelfields Ltd. ( "Steelfields ") entered into a contract with LTV Steel Corporation, Inc. and The Hanna Furnace
Company to acquire the former steel and coke plant properties located on Abby Street in the City of Buffalo and to monitor
the Marilla Street landfill; and
Whereas: Steelfields entered into a separate, voluntary agreement with the New York State Department of Environmental
Conservation ( "DEC ") to conduct the environmental cleanup of the plant properties according to an exhaustive DEC -
approved Work Plan. The DEC approved this Work Plan, requiring that Steelfields complete the cleanup of the entire site
within five (5) years, on December 30 2002; and
Whereas: Steelfields established a cash fund in the principal amount of $1,000,000 for the Hickory Woods Value
Protection Plan ( "VPP "). These funds were to be maintained in a conservative tax free investment and to remain in
existence until February 1, 2008, or until the fund, including all investment income, has been exhausted, whichever occurs
first. The cover letter Steelfields sent to Hickory Woods homeowners along with the VPP offer stated the purpose of the
VPP as being "to provide funds to those who wish to improve their homes and neighborhood and assistance to those who
wish to leave "; and
Whereas: The Agreement between Steelfields Ltd., the City of Buffalo and the City of Buffalo Urban Renewal Agency
( "Agreement "), signed on October 15 2002, stipulates that "3. The Parties understand and agree that the City and /or
BURA shall have the right to inspect and copy the books and records of the VPP upon 48 hours notice upon written
request to Steelfields "; 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 DEC confirmed that hazardous contamination is present in and around Hickory Woods and, despite
remediation efforts, 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 relating to the factors most important to them 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. A report summarizing the findings of this
survey was filed on October 3 rd, 2006 with this Honorable Body; and
Whereas: Council Member Kearns filed a resolution on October 17 2006 with this Honorable Body requesting 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 prior, current or contemplated future
funding sources that have been set aside, are currently or could become available for the Hickory Woods neighborhood
and file their response with the City Clerk in anticipation of the next meeting of the Common Council scheduled for
October 31 st, 2006; and
Now, Therefore, Be It Resolved That:
The Common Council hereby requests that the City Comptroller formally request in writing an opportunity to inspect and
copy the books and records of Steelfields Ltd. pertaining to the Value Protection Plan that has been set aside for the
residents of Hickory Woods; and
Now, Therefore, Be it Further Resolved That:
The City Comptroller furnish a copy of such records to the City Clerk for use by the members of the Common Council, and
that the Comptroller provide a summary of the current status of this fund in regard to the amount of monies available and
any activity involving that fund.
Now, Therefore, Be It Further Resolved:
That the City of Buffalo Common Council does hereby support and endorse the application of the City of Buffalo Weed
and Seed grant application known as "East Buffalo's Community Reforestation and Empowerment Initiative "; and
Now, Therefore, Be It Further Resolved:
That the City of Buffalo Common Council does hereby support and endorse the application of the Buffalo and Erie County
Botanical Gardens grant application for a project grant to work with block clubs and neighbors of South Buffalo to reforest
areas targeted within the City of Buffalo.
ADOPTED 1 ST RESOLVE, REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,
CORPORATION COUNSEL, COMMONISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS
By: Mr. Kearns
NO. 120
Recognizing Cheer Central USA and the
2006 International Freedom Challenge
Whereas: Cheer Central USA is a South Buffalo organization that was established in 2002 and is located at 2227 South
Park Avenue; and
Whereas: Cheer Central works to keep children and youths off of the street by providing a safe, drug -free, and supervised
environment where young men and women are taught the importance of teamwork; and
Whereas: Cheer Central USA is Buffalo's first and only facility dedicated solely to cheerleading and developing
cheerleading skills. The quality of Cheer Central USA's programs can be seen in their "extreme- teams" having been
awarded 18 national championships in the last three years; and
Whereas: On Sunday, November 5 th, Cheer Central USA will be hosting Western New York's largest ever cheerleader
and dance competition, the third annual International Freedom Challenge. In addition to the actual cheerleading
competition, this event will also include a fashion show, bounce - house, and the airing of the Buffalo Bills game to make it
a true family event; and
Whereas: Cheer Central USA chose to host this prestigious competition in the City of Buffalo at the Buffalo Convention
Center to raise the national profile of cheerleading in Western New York and to promote Buffalo as a host city for future
national cheerleading competitions by showcasing the many attractions that the area has to offer; and
Whereas: Since its inception, Cheer Central USA has both held fundraisers and located sponsors to help needy children
to enroll in the program, and will be donating one (1) dollar of every cheerleader's admission to the International Freedom
Competition to the Make -A -Wish Foundation of WNY; and
Now, Therefore Be It Resolved:
That the City of Buffalo formally recognizes Cheer Central USA for attracting cheerleaders, coaches and spectators from
across North America to the City of Buffalo for the International Freedom Competition and the significant charitable gift
which they have pledged to the Make -A -Wish Foundation of WNY.
ADOPTED
NO. 121
BY: ANTOINE M. THOMPSON
Appointments
Commissioner of Deeds
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Daniel Harwood Douglas Hardwood Danielle Sawyer
Total 3
ADOPTED
NO. 122
BY: ANTOINE M. THOMPSON
Appointments
Commissioners of Deeds
Required for the Proper
Performance of Public Duties
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Deanna MiLindbloom
TOTAL
ADOPTED
UNFINISHED BUSINESS
No. 123
Abandonment /Sale Portion of Fulton Street
(Fillmore)
( #3,7/11) ( #62, 10/17)
Mr. Bonifacio now moved that the above item be taken from the table.
Seconded by Mr Fontana
CARRIED.
Mr. Bonifacio now moved that the item be received and filed
Seconded by Mrs Russell
ADOPTED
No. 124
Abandonment /Sale Portion of Fulton Street
(Fillmore)(Plan Bd.)
( #3,7/26) ( #63, 10/17)
Mr. Bonifacio now moved that the above item be taken from the table.
Seconded by Mrs Russell
CARRIED.
Mr. Bonifacio now moved that the item be received and filed
Seconded by Mr Fontana
ADOPTED
No. 125
Lead Agency Status -SEQRA Solicitation -
Fulton Street Project
(CP) ( #18,9/5) ( #64, 10/17)
Mr. Bonifacio now moved that the above item be taken from the table.
Seconded by Mrs Russell
CARRIED.
Mr. Bonifacio now moved that the item be received and filed
ADOPTED
No. 126
SEQRA Abandonment /Sale of Portion of Fulton St.
(PW) ( #30,7/25) ( #65, 10/17)
Mr. Bonifacio now moved that the above item be taken from the table.
Seconded by Mr Fontana
CARRIED.
Mr. Bonifacio now moved that the item be received and filed
Seconded by Mrs Russell
ADOPTED
No. 127
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 Wednesday Nov 8, 2006 at 9:45 am
Committee on Finance Wednesday Nov 8, 2006 at 10:00 am
following Civil Service
Committee on Comm. Dev. Wednesday, Nov. 8, 2006 at 1:00 o'clock P.M
Committee on Legislation Wednesday, Nov. 8, 2006 at 2:00 o'clock P.M.
Special Committees
( 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 Chairman, we can only make notification of what we are made aware.
No. 128
Adjournment
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:10 pm