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06-1128 (2)
No.22 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 28, 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. — Members INVOCATION - PLEDGE TO FLAG ** *FINAL * ** * *NOV. 28,2006*** MAYOR 1 -A. Letter to Governor re: Berger Commission Report- Health Care 2 -1 3 -2 4 -3 5 -4 6 -5 7 -6 State of Emergency- 11/15/06 do - 11/20/06 MAYOR - EXECUTIVE Plan Bd.- Downtown Renewal Project Urban Renewal Plan Phase IV -Addl. Site Design Plan Bd. Appr. Strat. Plan -Req. to Amend LDA- 844 -864 Main Street LLC -800 Main St. LLC - Redeveloper do - Neighborhood Food Pantry -62 Republic (AKA. 70 Vincennes) (Fillmore) do - NYSDOT -Acq. PIN 5512.42.221 PROC 12997 -Rt. 33 at Grider /Kensington (Masten) 8 -7. do -do -do do 5051.02.201 PROC 12854 Map 1136, Parcel 1136 (Ell) 9 -8. do - Results Neg. -8 Brewster (Masten) R &F R &F R &F CD CD APP APP APP APP 10 -9. do -do -802 Clinton (Fillmore) APP 11 -10. do -do -59 Pauline (Masten) APP 12 -11. do -do -37 Peckham (Ell) APP 13 -12. do -do -82 Tenth (Ell) APP COMPTROLLER APP 14 -12A. 2007 Capital Budget & 5 Year Plan BUDGET 15 -13. Cert. Of Nee. -Transfer of Funds - Capital Projects BUDGET COUNCIL PRESIDENT 16 -14. Appts. - Buffalo Preservation Board R &F 17 -15. Food Store Application- Inspection Report-388 Paderewski LEG PUBLIC WORKS, PARKS & STREETS 18 -16. Notif Serials 410146 - Install Stop Signs in King St. at Benzinger St. (Lovejoy)(Waive 45 days) R &F 19 -17. Change in Contract -City Hall Surveillance System -Job 4549 (Ell) APP 20 -18. do -Main Mercer Fire Station -Roof Reconst. -Job 4603 (Masten) APP 21 -19. Emerg. Debris Removal and Tree Contracts R &F 22 -20. Encroachment into City ROW -100 Seneca St. (Ell) LEG 23 -21 Increase in Contract -MLK Jr. Park Impr.- Contract No. 92011175 APP 24 -22. do - Shoshone Park Impr.- Contract No. 92011046 APP 25 -23. Perm. Engage Services for New High Service Pumps - Consulting Engineer (Ell) APP CORPORATION COUNSEL 26 -24. Utility Easement Agreement -Niag. Mohawk Power Corp. -Use of 32 Cedar - School 432 (Ell) R &F ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS 27 -24A. Food Store License -2235 Genesee (Lovejoy) APP COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 28 -25. Perm. Accept Funds from State of NY Governor's Traffic Safety Comm. APP HOUSING AUTHORITY 29 -26. BMHA Comprehensive Management Assessment Report R &F 30 -27. BMHA- Single Audit Reporting Package -June 30, 2006 APP CITY CLERK 31 -28. Letter of Resignation- Masten District Councilmember R &F 32 -29. Liquor License Applications R &F 33 -30. Leaves of Absence R &F 34 -31. Reports of Attendance R &F 35 -32. Notices of Appointments - Seasonal R &F 36 -33. Notices of Appointments - Temp. /Prow. /Perm. CS MISCELLANEOUS 37 -34. D. Bonifacio -S. Magavern-COB Living Wage Comm.- Living Wage Ord. Amendment LEG 38 -35. B. Davis - Casino Career Training Center FIN 39 -36. do - Franklin Street Parking 40 -37. M. Deutschman - League of Women Voters -Opp. To Ranzenhofer Sales Tax Dist. 41 -37A. J. Golombek- Buffalo First Article: "Buy Buffalo' 42 -38. A. Jamieson -Neto Hatinakwe Onkwehowe, Inc. -Req. One Day Art & Craft Sale in City Hall COMM SERV /RECR. PROG., SPEC EVENTS 43 -39. D. Locey - NYSDEC - Brownfield Cleanup Program -Env. Cleanup Action Completed at LEG, PW BUDGET CD, EDPI Cobey, LLC Site R &F PETITIONS 44 -40. R. Oliver, Agent, Use 2423 Seneca -Tattoo Parlor (South) (Hrg. 12/5) LEG, CP BD 45 -40A. C. Paladino, Own., Use 460 Main -Port. Of 3r Floor -Human Svs. Fac. (Ell) (No Pub Hrg Req) (Amended application) LEG, EDPI, STRAT PLAN RESOLUTIONS 96 -40B. Bonifacio Excuse Councilmember Russell from Meeting ADOPT 97 -41. Davis Amendment - Downtown Renewal Project Urban Renewal Plan (Hrg. 12/12) CD 98 -42. do Req. to Amend LDA- 844 -864 Main St. -800 Main St. LLC - Redeveloper (Hrg. 12/12) CD 99 -43. do Set Public Hearing -Req. to Amend LDA- 844 -864 Main St. -800 Block Main St. LLC - Redeveloper ADOPT 100 -44. do Transfer of Funds - Capital Projects BUDGET 101 -45. Franczyk Ord. Amendment - Chapter 293 -Noise LEG 102 -45AA. do, etc. Demolition of 171 Smith Street ADOPT 1 ST & 3 RD RES; REM -LEG 103 -45A. Golombek Ord. Amendment - Chapter 96 -Bonds & Contracts LEG 104 -46. Russell Budget /Personnel Amendment - Police APP 105 -47. Thompson Comm. Of Deeds ADOPT 106 -48. do do ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 46 -1. Com 26 Nov 14 Appt. -Sr. First Class Stationary Engineer (Max) (PW) APP 47 -2. Com 47 Nov 14 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.) R &F FINANCE 48 -3. Com 12 Nov 14 Utility Easement Agree.- Niagara Mohawk Power Corp. - Use of 32 Cedar - School 432 (Ell) (Strat. Plan.) APP 49 -4. No 64 Nov 14 Bids -City Wide Sidewalk Replacement -2006 Group 4658 ( 461,10/17)( 48,9/19)( 484,10/3) (PW) APP 50 -5. Com 25 Oct 17 Ord. Amend. Chapter 16- Finance; Improved Noise Ord. Resolution (Pol) R &F 51 -6. Com 8 June 13 Audited Financials -Bflo. Neighborhood Revital. Corp. (BNRC) (Strat. Plan) R &F 52 -7. Com 18 Feb 7 BMHA Audits -2006 (Compt.) R &F 53 -8. Com 70 June 13 Response -BMHA Audits -2006 (BMHA) R &F 54 -9. No 49 Oct 31 B. Davis -BMHA Comprehensive Management Report R &F LEGISLATION 55 -10. Com 22 Nov 14 Prevent Cutting Down of Healthy Trees (PW) R &F 56 -11. Res 87 Nov 14 Ord. Amendment - Chapter 194 -Food Stores APP 57 -12. No 77 Nov 14 Second Hand Dealer -594 Niagara St. (Ell) ( 430,10/17) (EDPI) APP 58 -13. No 51 Nov 14 J. Golombek -J. Panczak & O- Petition -Re: Complaints about Police in Riverside R &F 59 -14. No 99 Sept 5 T. Goodson, Agt" Use 3223 Bailey -Used Car Sales /Auto Repair (Univ) (Hrg. 9/12) APP 60 -15. No 75 Oct 17 R. Fontana -Ell. Dev. Co.- Amendment -Urb. Ren. Plan. -S. Division, Swan & Michigan Ave. ( 443,5/2) R &F 61 -16. No 97 Sept 5 D. Thompson - Woodcock & Armam Mech. Contractors -Ch. 96- COB Code R &F 62 -17. No 59 Oct 31 D. Thompson- Chapter 96 of the Code of the COB R &F 63 -18. Res 152 Oct 3 Impr. Enf. Measures Against Motorists Who Violate Noise Ordinance R &F 64 -19. No 80 July 25 M. Kearns -Tree Debris R &F 65 -20. Res 123 June 13 Ban Large Stereo Systems in Motor Vehicles R &F 66 -21. Res 102 June 27 Require City License to Offer Check Cashing Services R &F 67 -22. Com 49 July 25 Req. City License for Check Cashing Services (ECPI) R &F 68 -23. Com 42 Apr 18 Municipal Code Violations Report (Law) R &F 69 -24. No 76 June 13 G. Bernas- Comments /Buffalo Env. Task Force -Final Report/Comments R &F 70 -25. Res 155 Oct 3 Immediate Est. of the Parks Adv. Bd. (Exc. Fin Res) R &F 71 -26. Com 54 Sept 5 Restaurant Dance Class IV -199 Delaware (Ell) (EDPI) APP 72 -27. Com 58 Sept 5 Second Hand Dealer -1384 Main (Del) (EDPI) APP 73 -28. No 83 June 13 T. Hill -Req. 24/7 & Alternate Pkg.- Regent Street R &F 74 -29. Com 35 Sept 5 Pkg. On Regent St. (PW) R &F 75 -30. No 92 Oct 31 Encroachment into City ROW -329 Franklin St. (PW)( 417,10 /17) APP 76 -31. No 66 Apr 4 B. Davis -G. Wallenfels -Req. Signal at Georgia & Niagara Sts. Be Converted to Functioning Traffic Light R &F 77 -32. No 109 Sept 5 G. Grobe & O- Allentown Assn. -Stop Installation of Gas Meters in Historic District R &F 78 -33. No 85 July 25 A. Sedita -Req. to Make COB Parks Handicap Accessible R &F 79 -34. No 96 Sept 5 T. Stineman - Problems -78 Burgard Place R &F COMMUNITY DEVELOPMENT 80 -35. Res 89 Nov 14 Amendment to the Oak St. Redev. Urb. Ren. Plan (Hrg. 11/28) APP 81 -36. Com 6 Nov 14 Oak St. Redev. URP Amendment - Planning Bd. Appr. (Plan Bd) R &F 82 -37. Res 94 Oct 17 Req. to Open Up Emerg. Asst. Program to Roofing Repairs ADOPT SPECIAL COMMITTEES BUDGET 83 -38. Res 125 Sept 19 Crime in BMHA Projects (Exc. 1,2,3 Res) R &F 84 -39. Com 9 Sept 5 Capital Improvements Budget Process (Strat. Plan.) R &F 85 -40. No 88 July 25 86 -41. Com 18 May 2 87 -42. No 41 May 2 88 -43. Res 154 April 4 89 -44. No 70 May 2 90 -45. Com 2 91 -46. Res 108 92 -47. No 58 93 -48. Res 99 94 -49. Com 45 95 -50. Com 13 Nov 1 Feb 4 Feb 7 Jan 24 May 16 July 11 Local 264- Arbitrator's Opinion & Award Judgement RECOMMIT Inviting Reps. Of MBBA & JER Rev. Svs. To Meet W /Council Re: Properties in COB (Assess /Tax) R &F J. Chilson- Inviting Reps. Of MBBA 2003 & JER Rev. Services LLC -Meet with Council -Prop. COB R &F Req. of Bond Funds for Demo. Of Kensington Heights R &F Unaccounted for Water Study (PW) ( 438,4/18) R &F BURA Salary Reimbursements (Strat. Plan.) R &F Creation of False Alarm Red. Unit - Utilize Crywolf R &F M. Coppola - Graffiti on COB Street Signs R &F Graffiti Removal Program R &F IOD Reports (HR) R &F Abatement of Charges for Snow Removal -Co. of Erie (PW) APP COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 28, 2006 AT 2:00 P.M. PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto and Thompson — 8. ABSENT — Russell -1 On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on November 14, 2006 were approved. FROM THE MAYOR NO. 1 BERGER REPORT HEALTH CARE Dear Governor Spitzer I am writing on a matter of critical importance to Buffalo and Western New York. As we discussed during your visit to Buffalo last week, the Berger Commission is going to release its report at the end of November or early December of this year. You will be expected to face very difficult questions involving the implementation of this report during the first days of your administration. I have met with the leaders of the Catholic Health System, the Erie County Medical Center Healthcare Network, Kaleida Health and Sheehan Memorial Hospital to discuss the potential impact of the Berger Report to our community. They have agreed on a number of principles listed below and are comfortable in the knowledge that I am sending you this letter on their behalf. Although I do not know the contents of the Berger Report, I am certain that it will be important to our future. If its results are sound, if it is implemented in a thoughtful and sensitive manner and if there are sufficient resources to carry it to completion, and it contains a strategy to minimize or prevent job loss, we may have a far better health care system in our community. The implementation of recommendations from this report will impact the quality of health care, the costs of basic services and the image of our area in the national marketplace. A first -rate health care system and its costs are key components of a robust regional economy. All parties agree that improvements to the current system are required. We must find ways to raise the funds needed to safeguard and improve our current system of health care, to provide for the transformation to a globally competitive world - class health care program, and to support those who are involved in the transition. Sufficient Funding- Under all likely scenarios it will be necessary to obtain very significant new funds for our area's health care system. Transition and transformation will require multi -year funding in the hundreds of millions of dollar range. It is preferred that funds be provided as incentives to regions that will induce rather than require changes. I believe our health care systems are prepared to collectively find a way to move forward if the stage is properly set and there are assurances regarding the financial situation of all parties. Commencing a process of fundamental change where the needed funds are not available when needed could prove to be very harmful to all of our health care systems and to the overall process of improvement. Needs of Underserved- A large portion of the City of Buffalo has been designated as medically underserved due to the acute barriers to health care faced by City residents. In Buffalo, for example, mortality rates from heart disease are 20 percent higher than the New York State average. There is also a high prevalence of chronic disease among City residents leading to hypertension- related hospitalization rates that are 50 percent higher than the statewide average. Diabetes - related hospital admissions are 30 percent higher than the overall rate in the state. Moreover, teen pregnancy and infant death rates in Buffalo are among the highest in the State. Implementation of the Berger Report must result in improved health care and better clinical outcomes for Buffalo's underserved populations. Any other outcome would be unacceptable. " Stability During Change- It is critical that the release of the Berger Report and the subsequent media attention not destabilize the ongoing operations of health care facilities and systems. Any statements regarding the planned closing of a hospital could precipitate a mass exodus of professional staff looking for more secure positions, perhaps outside our area. I therefore request that when the Berger Report is released you provide assurance that the Report's recommendations will not be implemented immediately, but rather will undergo what will likely be a multi -year process of review and implementation. The steps involving implementation by the Health Department should be specified along with a timeline that will show how complex this process will be. Certificate of Need Process (CON)- This process should be streamlined so that the needed approvals can be obtained rapidly rather than take the current multi -year process and at the same time altered to prevent approvals that are inconsistent with an approved plan for a region. There might be a need to place a moratorium on certain CONs to prevent unfair competitive behavior of health care providers not affected by the Berger Report while major health care systems are undergoing complex changes. Changes in Long -Term Care- It is important that the expected changes in long -term care be considered as part of this process. As patients are discharged from hospitals, it is very difficult, especially for low- to middle income residents, to obtain care in another facility. There are insufficient long -term care beds serving the city and there are not any high -level care facilities in Buffalo. Recommendations should not be implemented if there is a possibility the status of long -term care remains stagnant or deteriorates. Community and Individual Transition- As part of the implementation strategy the state should implement significantly funded, well conceived multi -year efforts to support communities and individuals who will be adversely affected by the changes that are expected. Communities and neighborhoods might have the very underpinning of their commercial districts impacted. Doctors and other professional service providers and their building owners may find themselves isolated from their patients and the hospitals that they serve. Thousands of individuals, many in their middle years with limited education, may find themselves in need of employment. These people will require the upgrade of their skills, support during the transition, capital to commence new business ventures and aggressive help in the location of new employment opportunities. We are prepared to work with your administration to improve our health care system. We know that hard decisions are called for. We also know that just because a decision is hard it does not mean it is appropriate or in the best long -term interest of a community. We are committed to finding and then implementing the correct balance for our region. RECEIVED AND FILED NO. 2 STATE OF EMERGENCY 11/16/2006 The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, November 1, 2006, November 5 and November 10 is hereby extended as of November 15, 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 11/20/2006 The State of Emergency declared in the City of Buffalo on October 13, 2006 at 4:30 a.m., October 18, 2006, October 23, 2006, October 28, 2006, November 1, 2006, November 5 and November 10, and November 15 is hereby extended as of November 20, 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 DOWNTOWN RENEWAL PROJECT URBAN RENEWAL PLAN PHASE IV ADDITIONAL SITE DESIGNATION PLANNING BOARD APPROVAL The City Planning Board at it's meeting on November 8, 2006 adopted the Downtown Renewal Project Urban Renewal Plan Phase IV amendment as appropriate for Urban Renewal Treatment to the Project area. Susan Hoyt offered the resolution, seconded by Horace Gioia and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 505, Article 15 of the General Municipal Law of New York State, do this 8th day of November, 2006 adopt the following resolution: WHEREAS, the Office of Strategic Planning has recommended that the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, consisting of all that tract of land bounded by the street centerlines of Ellicott Street on the east, Eagle Street on the south, Washington Street on the west, & Clinton Street on the north, be designated as appropriate for Urban Renewal treatment; and WHEREAS, the project area has been found to suffer from blighting conditions and is seen as an integral part of the Downtown core revitalization area, and WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room 901 on November 8, 2006 at 8:30a.m., at which the proposed Urban Renewal Plan Amendment was presented and explained in detail, and those desiring to be heard were heard, NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV Amendment, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for Urban Renewal treatment; and BE IT FURTHER RESOLVED, that, the Director of the Office of Strategic Planning is hereby directed and authorized to prepare the Downtown Renewal Urban Renewal Project Area. AYES: Messrs. Lyons, & Morrell, & Gioia Ms. Hoyt & Mrs. Schwartz NAYS: None ABSENT: Messrs. Manuel & Burns REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 REQUEST TO AMEND 844 -864 MAIN STREET LLC 800 MAIN STREET LLC REDEVELOPER The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") duly designated 800 Main Street LLC (hereinafter referred to as "Redeveloper) and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper of the properties known as 644 -864 Main Street. The Agency entered into a Land Disposition Agreement (hereinafter referred to as "LDA) with Redeveloper on August 28, 2005 for the sale of 844 -864 Main Street which consisted of six (6) vacant severely dilapidated mixed use commercial /residential vacant buildings on the comer of Main and Virginia Street. Pursuant to Part I, Section 4 of the LDA, the project consisted of the following: the demolition of the rear one -story section of all properties; rehabilitation of the first floor commercial spaces in 844 -862 Main Street for commercial reuse; rehabilitation of all second and third floor spaces, and the entire building at 864 Main Street, to provide for twenty -nine (29) apartments; renovation and expansion of the existing parking area at the rear of the properties to provide parking for approximately thirty -one (31) vehicles; landscaping, public utility improvements; exterior lighting; sidewalk, curb and driveway improvements; new fencing and signage. All improvements have been completed pursuant to the terms of the LDA with the exception of the number of apartment units. The Redeveloper was responsible for constructing twenty -nine (29) apartment units but has reduced the number to twenty -eight (28) apartment units. The Redeveloper combined two (2) units to one larger unit due to market demand for larger apartment sizes. The total square footage of residential space constructed, however, has remained the same. This reduction in the number of apartment units from twenty -nine (29) to twenty -eight (28) necessitates the need to amend the LDA. The Agency has also determined that the proposed Amendment No. 1 to Part 1 of the Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said heading. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2 Notice of Public Hearing 3. Resolution approving proposed Amendment No. 1 to Part 1 of the Land Disposition Agreement 4. Land Disposition Agreement dated August 28, 2005 After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Amendment to the Land Disposition Agreement. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 62 REPUBLIC (A.K.A. 70 VINCENNES) NEIGHBORHOOD FOOD PANTRY FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate, has been informed that the Food Pantry located at 62 Republic (a.k.a. 70 Vincennes) and operated by the Neighborhood Food Pantry, has been abandon. The keys for the Food Pantry have been turned over to the Food Bank of WNY. A 30 -day notice of termination was sent to the Neighborhood Food Pantry on October 19, 2006. The Old 1 st Ward Community Center has a current lease with the City of Buffalo to operate the Community Center and provide community services. We have received a request from the Old 1 s "' Ward Community Center to take over the former Food Pantry space to operate the Buffalo River Food Pantry. The Old 1 st Ward has received authorization from its Board of Directors and the Food Bank of WNY to operate the Food Pantry. I am recommending Your Honorable Body authorize the following: Terminate the lease with the Neighborhood Food Pantry Amend the lease agreement between the City of Buffalo and the Old 1 Ward Community Center to operate a food pantry in the space formally used by the Neighborhood Food Pantry. All other terms and conditions of the lease shall remain the same. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated November 20, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to terminate the lease between the City and the Neighborhood Food Pantry and amend the lease agreement between the City and the Old 1 st Ward Community Center to operate a food pantry in the space (62 Republic) formally used by the Neighborhood Food Pantry. All other terms and conditions of said lease agreement shall remain the same. That the Corporation Counsel be authorized to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES -0 NO. 7 NEW YORK STATE DEPARTMENT OF TRANSPORTATION ACQUIRE PIN 5512.42.221 PROC 12997 ROUTE 33 AT GRIDER AND KENSINGTON MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a notice of Appropriation, to acquire property to widen the turn radius for safety reasons on Grider at Kensington. They have submitted comparable sales and are offering $1,600 for the acquisition of PIN 5512.42.221; PROC 12997 - Route 33 at Grider. The $1,600 includes the cost of acquisition of approximately 432 sq. ft. of land, plus costs of improvements and costs to cure (seed lawn, replace chain link fence and 2 cherry trees) The City of Buffalo Appraisal Review Board has reviewed the appraisal that was submitted by New York State Department of Transportation and concurs with the appraiser's estimate of value in the amount of $1,600.00. 1 am recommending that Your Honorable Body approve the offer of $1,600.00 from the New York State Department of Transportation for the acquisition of PIN 5512.42.221; PROC 12997 Route 33 - Girder Street (approx. 432 sq. ft). I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, 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 November 20, 2006, be received and filed; and That the offer from the New York State Department of Transportation for the acquisition of PIN 5512.42.221; PROC 12997- Route 33 at Grider, in the sum of one thousand and six hundred dollars ($1,600.00), be and hereby is accepted; and That the Corporation Counsel be authorized to review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES -0 NO. 8 NEW YORK STATE DEPARTMENT OF TRANSPORTATION ACQUIRE PIN 5051.02.201 PROC 12854 MAP 1136; PARCEL 1136 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a notice of Appropriation, to acquire property along the New York State Thruway between Hudson and Jersey. The property in question was an old blacktop driveway running along the 1 -190. it is approximately 1607 sq. ft. of area they wish to acquire. They have submitted comparable sales and are offering $16,100 for the acquisition of PIN 5051.02.201, Map 1136, Parcel 1136. The City of Buffalo Appraisal Review Board has reviewed the appraisal that was submitted by the New York State Department of Transportation and concurs with the appraiser's estimate of value in the amount of $16,100.00. I am recommending that Your Honorable Body approve the offer of $16,100.00 from the New York State Department of Transportation to acquire PIN 5051.02.201; PROC 12854, Map 1136, Parcel 1136 WOA. I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, 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 November 20, 2006, be received and filed; and That the offer from the New York State Department of Transportation for the acquisition of P1 N 5551.02.201; PROC 12854 Map 1136, Parcel 1136 WOA, in the sum of sixteen thousand and one hundred dollars ($16,100.00), be and hereby is accepted; and That the Corporation Counsel be authorized to review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES -0 NO. 9 RESULTS OF NEGOTIATIONS 8 BREWSTER, 60' E HALBERT VACANT LOT: 30'X 75 ASSESSED VALUATION: $2,600. (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 8 Brewster from Koch Metal Spinning, Mr. Erik Koch, 74 Jewett Avenue, Buffalo, New York 14214. Mr. Koch owns several properties on Jewett, namely 67, 72, 74, and 98 Jewett, which are adjacent to his business at 74 Jewett and 8 Brewster. He intends to use these parcels along with 8 Brewster for future expansion and neighborhood beautification. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range from Fifty Cents ($.50) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Koch has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), One Dollar ($1.00) per square foot for the subject property. Mr. Koch has 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 8 Brewster to Mr. Erik Koch in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 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 25, 2006, be received and filed; and That the offer from Mr. Erik Koch, 74 Jewett Avenue, in the sum of two thousand and three hundred dollars ($2,300.00) for the purchase of 8 Brewster, 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 - 8 NOES -0 NO. 10 RESULTS OF NEGOTIATIONS 802 CLINTON, 114' W SMITH VACANT LOT: 26'X 116' ASSESSED VALUATION: $1,300 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 802 Clinton Street from Michael A. Klimeczko, Inc., Michael A. Klimeczko, 806 Clinton Street, Buffalo, New York 14210. Mr. Klimeczko owns adjacent property at 702 and 706 Smith, 798 and 806 Clinton Street. Mr. Klimeczko would like to cleanup and square off the land he owns on both sides of 802 Clinton and use for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty Cents ($ .40) to One Dollar ($1.00), per square foot. The results of our negotiations are that Mr. Klimeczko has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Fifty Five Cents ($ .55) per square foot for the subject property. Mr. Klimeczko has 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 802 Clinton Street to Michael A. Klimeczko, Inc., Michael A. Klimeczko in the amount of One Thousand Five Hundred Dollars ($1,500). 1 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 November 6, 2006, be received and filed; and That the offer from Michael A. Klimeczko, 806 Clinton Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 802 Clinton Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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 — 8 NOES - 0 NO. 11 RESULTS OF NEGOTIATIONS 59 PAULINE, 158.57' S GASL VACANT LOT: 20'X 104' ASSESSED VALUATION: $1,000 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 59 Pauline Street from Ms. Veronica Gerald, 57 Pauline Street, Buffalo, New York 14214. Ms. Gerald owns and resides at 57 Pauline, which is adjacent to 59 Pauline and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty -Seven Cents ($ .47) to Seventy -Five Cents ($ .75), per square foot. The results of our negotiations are that Ms. Gerald has agreed and is prepared to pay One Thousand Dollars ($1,000), Forty -Eight Cents ($ .48) per square foot for the subject property. Ms. Gerald has 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 59 Pauline to Ms. Veronica Gerald in the amount of One Thousand Dollars ($1,000). 1 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 November 6, 2006, be received and filed; and That the offer from Ms. Veronica Gerald, 57 Pauline Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 59 Pauline Street, be and hereby is accepted; and That the transfer tax, recording fees and Cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor he authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES -0 NO. 12 RESULTS OF NEGOTIATIONS 37 PECKHAM, 55' E MADISON VACANT LOT: 27'X 120' ASSESSED VALUATION: $1,400 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 37 Peckham Street from Ms. Bobbie K. Meredith, 31 Peckham Street, Buffalo, New York 14206. Ms. Meredith owns and resides at 31 Peckham, which is adjacent to 37 Peckham and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty Cents ($ .40) to Ninety Cents ($ .90), per square foot. The results of our negotiations are that Ms. Meredith has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty -Three Cents ($ .43) per square foot for the subject property. Ms. Meredith has 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 37 Peckham Street to Ms. Bobbie K. Meredith in the amount of One Thousand Four Hundred Dollars ($1,400). 1 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 November 6, 2006, be received and filed; and That the offer from Ms. Bobbie K. Meredith, 31 Peckham Street, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 37 Peckham Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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 - 8 NOES -0 NO. 13 RESULTS OF NEGOTIATIONS 82 TENTH, 133.50' NW VIRGINIA VACANT LOT: 27'X 100' ASSESSED VALUATION: $4,100 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 82 Tenth Street from Ms. Margarita Gonzalez, 84 Tenth Street, Buffalo, New York 14201. Ms. Gonzalez owns and resides at 84 Tenth, which is adjacent to 82 Tenth and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Fifty Cents ($ .50) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Ms. Gonzalez has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700), One Dollar ($1 .00) per square foot for the subject property. Ms. Gonzalez has 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 82 Tenth Street to Ms. Margarita Gonzalez in the amount of Two Thousand Seven Hundred Dollars ($2,700). 1 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 November 6, 2006, be received and filed; and That the offer from Ms. Margarita Gonzalez, 84 Tenth Street, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 82 Tenth Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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 - 8 NOES -0 FROM THE COMPTROLLER No. 14 2007 Capital Budget And 5 -Year Plan I have reviewed the Mayor's recommended 2007 Capital Budget and Five Year Capital Improvement Plan. On the whole I endorse the budget, it is in keeping with my capital bonding limit of $29 million; $23 million City and $6 million Board of Education. However, it is important that the administration present a capital budget and five year plan that is substantially more detailed than has been submitted. It must include the anticipated state and federal reimbursements along with all other funding sources. Furthermore, I have noted the following concerns, which will be forwarded to the Mayor's Office, as the Common Council deliberates the Mayor's 2007 Capital Budget Recommendations and Five Year Capital Plan. 2007 Capital Budget #29 Clean & Seal $192,600 It has been determined that the funds requested are for the purchase of vehicles and specialized equipment for the Clean & Seal Crew. Vehicles such as cars, trucks and SUV's have been declared a non bondable expense by bond counsel because it has a Period of Purposeful Usefulness (PPU) less than 5 years. Also, any equipment purchased with City funds, which will be utilized by another governmental body and /or agency must have an agreement of use in place. #35 60 Hedley Place $321,000 The Department of Public Works had requested $575,000 for this project. Without more information it is not clear whether the project has been scaled down or under funded. Although this project merits considerable consideration for its historic and community importance, the operational and financial impacts on the city operating budget have, to this date, not been revealed. 2007 -2011 Five Year Plan Purchase of Fire Dept Staff Command Vehicles $192,600 It is not clear what type of vehicle is being proposed for this project. Vehicles such as cars, trucks and SUV's have been declared a non bondable expense by bond counsel because it has a Period of Purposeful Usefulness (PPU) less than 5 years. In this situation the city may consider leasing as a viable alternative. New Streets Garage $14 The Department of Public Works had requested $25 million for this project. Without more information it is not clear whether the project has been scaled down, under funded or may take longer than the budgeted five years. It has been determined that the $267,500 budgeted for 2007 is for planning purposes. This needs to be noted as such due to restrictions with its Period of Purposeful Usefulness (PPU). Also, I would like to advocate that a consolidation of related facilities be reviewed as part of this planning process. Authorized but Un- Issued The City's current authorized but un- issued resolutions should be considered within the recommended Capital Plan. What is not clear is whether those projects not proposed for bonding within the 2007 Budget and Five -Year Plan, along with the remaining balances of partially sold projects, should be rescinded. Below is the current list of authorized but un- issued resolutions integrated within the proposed spending plan recommended by the Mayor's Office. AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 15 Certificate of Necessity Transfer of Funds Capital Projects We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $400,000 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: FROM 30000106 - 445100 Planning Capital Projects $400,000 TO 31540006 - 445100 Cars on Main St. $125,000 31655806- 445100 G.I.S (Geographic Information System) $125,000 (new account needed) Michigan Ave. Streetscape (Broadway to Goodell) $75,000 (new account needed) Fargo Ave /D'youville College Gateway $75,000 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 16 APPT MEMBERS PRESERVATION BOARD Pursuant to Chapter 337 -3 of the City Charter Preservation Code, I am appointing the following individuals to the Buffalo Preservation Board: Timothy Tielman, 65 Ketchum St., Buffalo, NY 14213 Paul J. McDonnell, 82 Allenhurst Rd., Buffalo, NY 14214 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. Mr. McDonnell is an Associate Architect with the Buffalo Public Schools, where he is responsible for planning, rehabilitation, construction and maintenance of schools, including project management of the $1 billion Joint Schools Reconstruction Project (see attached resume). Mr. Tielman and Mr. McDonnell replace Alison Kimberly and Dennis Masters whose terms have expired. RECEIVED AND FILED NO. 17 Food Store Application 388 Paderewski Please file the attached inspection report from the Division of Permit & Inspections for the next Council Meeting. The report refers to a Food Store License previously filed for 388 Paderewski. The license application is presently in the Legislation Committee ( #72 of CCP November 14, 2006). REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 18 Notification Serial # 10146 Install Stop Signs in King Street at Benzinger Street STOP SIGNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING King Street Benzinger Street This action is being taken to provide stop control at a previously uncontrolled intersection. WAIVE 45 DAYS RECEIVED AND FILED NO. 19 Change in Contract City Hall Surveillance System Job #0549 Ellicott District I hereby submit to Your Honorable Body the following changes for City Hall, Surveillance System, U & S Services, C #92011125. 1. Help Alarm System for the City Clerk's Office and Council Chambers; relocate two (2) cameras from the 13 floor to the 12 floor to monitor the entrance to the MIS Dept.; add three (3) additional access controls for the MIS Dept.; upgrade the access control keytags to smart cards; relocate one (1) camera from the 2 floor to the basement personnel entrance door near the Mayor's garage; and add a Aiphone Sub - Master Station for the Mayor's bodyguard. Add $18,030.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Thirty and 00/100 Dollars ($18,030.00). SUMMARY Current Contract Amount $175,619.00 Amount of This Change Order ( #2) Add $18,030.00 Revised Contract Amount $193,649.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are being completely paid for with Federal Homeland Security funds from UASI Year 3 Grant, Account #24142487 - 474100, Project ID #10250. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to U & S Services, an increase in the amount of $18,030.00, as more fully described in the above communication, for work relating to Job No. 0549, City Hall, Surveillance System, C #92011125. Funds for this project are available with Federal Homeland Security funds from UASI Year 3 Grant, Account #24142487 - 474100, Project ID #10250. PASSED AYES — 8 NOES — 0 NO. 20 Change in Contract Main Mercer Fire Station Roof Reconstruction Job #0603 Masten District I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Roof Reconstruction, Jameson Roofing Co., Inc., C #92011137. 1. Reconstruction of tower roof. Add $11,251.00 The foregoing change results in a net increase in the contract of Eleven Thousand Two Hundred Fifty One and 00/100 Dollars ($11,251.00). SUMMARY Current Contract Amount $79,798.00 Amount of This Change Order ( #1) Add$11,251.00 Revised Contract Amount $91,049.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Jameson Roofing Co., Inc., an increase in the amount of $11,251.00, as more fully described in the above communication, for work relating to Job No. 0603, Main Mercer Fire Station, Roof Reconstruction, C #92011137. Funds for this project are available in 39320406 445100- Buildings. PASSED AYES — 8 NOES — 0 NO. 21 Emergency Debris Removal and Tree Contracts On October 13, 2006, Mayor Byron W. Brown declared a State of Emergency in the City of Buffalo. This declaration was due to a snowstorm that caused extensive damage to City -owned properties. To assist in the cleanup, this department issued the following contracts: Asplundh Environmental Services, Inc.(not to exceed $20M) Modem Corp. (not to exceed $150,000) 217 Fairhope Ave. 4746 Model City Rd. Falrhope, AL 36532 Model City, NY 14107 Phillips and Jordan, Inc.(not to exceed $20M) Secord & Secord (not to exceed $100,000) 191 P & J Road 10951 Holland Glenwood Rd P.O. Box Drawer 604 Holland, NY 14080 Robbinsville, NC 28771 Pine Ridge Inc.(not to exceed $50,000) Schnecks Tree Services (not to exceed $100,000) 7135 Davis Rd. 2851 Southwestern Blvd. West Falls, NY 14170 Orchard Park, NY 14127 G &H Contractor & Home Improvement(not to exceed $100,000) Occhino (not to exceed $25,000) 89 Leonard St. 2650 Seneca St. Buffalo, NY 14215 West Seneca, NY 14224 CGM (not to exceed $1 M) Tamarack (not to exceed $500,000) 411 Ludington St. Buffalo, NY 14206 Donald Braasch (not to exceed $50,000) 1661 Lakeview Rd. Lakeview, NY 14085 Serafini Trucking (not to exceed $200,000) 3528 Broadway Buffalo, NY 14227 Thomas Homme Inc. (not to exceed $50,000) 8606 Cole Rd. Colden, NY 14033 RECEIVED AND FILED 245 Potter Rd. Canton, NY 13617 Scott Lawn Service (not to exceed $1 M) 5552 Townline Rd. Sanborn, NY 14132 Pinto Construction (not to exceed $500,000) 1 Babcock St. Buffalo, NY 14210 NO. 22 100 Seneca Street; Encroachment Into City right of way (Ellicott District) Mr. Bill Leahy, Project Manager for Ellicott Development Company, has requested permission to encroach City right of way with plant landscaping beds at 100 Seneca Street. The planting beds would extend 5' from the property line into City right of way on Swan and Seneca Streets. A minimum of six feet of public sidewalk remains after installation. The applicant has obtained the appropriate building permit ( #96154) and City Planning Board (7/19/05 meeting) site plan approval including the landscaping beds for the parking lot at this location. The Department of Public Works, Parks and Streets has no objection to the installation of said planting beds provided they are maintained by the applicant and do not extend more than 5' into City right of way. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 23 Increase in Contract Martin Luther King Jr. Park Improvements Contract No. 92011176 We are requesting permission of your Honorable Body to increase the above contract with Scott Lawn Yard in the amount of $46,172.03. This change order was necessitated due to additional work to: - replace a concrete ramp off Best St. - repair and repoint the stone wall at the ML King Melnorial -mill and repave part of Fillmore Ave and increase the pattern concrete crossway The prices have been found to be fair and reasonable by our consultant, Wendel Duchscherer. Funds for this work are available in Bond Account 31590006 and are reimbursed from a NY State Multi -Modal grant. SUMMARY Contract Amount - $400,000.00 Change Order - $46,172.03 New Contract Amount - $446,172.03 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 16, 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 Scott Lawn Yard, an increase in the amount of $46172.03, as more fully described in the above communication, for work relating to Martin Luther King Jr. Park Improvements, C #92011175. Funds for this project are available in Bond Account 31590006 and are reimbursed from a NYS Multi -Modal grant. PASSED AYES — 8 NOES — 0 NO. 24 Increase in Contract Shoshone Park Improvements Contract No. 92011046 We are requesting permission of your Honorable Body to increase the above contract with Armor Fence in tile amount of $9541.00. This change order was necessitated due to additional work to repair the backstops and fencing in the park. Tile price has been found to be fair and reasonable by our staff. Funds for this work are available in Bond Account 38400106. SUMMARY Contract Amount - $25,713.00 Change Order - $9541.00 New Contract Amount - $35,254.00 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 16, 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 Armor Fence, an increase in the amount of $9,541.00, as more fully described in the above communication, for work relating to Shoshone Park Improvements, C #92011046. Funds for this project are available in Bond Account 38400106. PASSED AYES — 8 NOES — 0 NO. 26 Permission to engage services for new high service pumps Consulting Engineer Ellicott We request permission from your Honorable Body to hire CRA Infrastructure & Engineering (CRA), a consulting engineer, to provide design and bidding services for the implementation of new high service pumps at the Colonel Ward Treatment Complex. The project involves the design and implementation of two (2) new 25 million gallons per day (MGD) pumps. The new pumps will enable the Division of Water to meet system demand in more efficient manner by providing more pumping flexibility. The energy saving associated with this project including a new pump at the Massachusetts Pumping Station (to be completed under a separate project) is approximately $500,000 per year. The costs for the consulting services is estimated to be $291,000.00 and the construction cost is estimated to be $2 million. CRA is a qualified Energy Services Company (ESCO) in accordance with NYSERDA (New York State Energy Research and Development Authority) procurement requirements, and thus is eligible to complete this project with funding assistance from NYSERDA PON 984. This project has been awarded $500,000 from NYSERDA 984. PON 984 provides 60% of the grant funds will be paid upon completion of construction, with the remaining 40% applied based on measurement and verification of the power saving. CRA will not bill the City for the work, but instead deduct the $291,000 fee from the grant proceeds received upon completion of construction. The remaining portions of the grant from NYSERDA will be passed through to the City. Mr, Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 21, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting engineer to provide design and bidding services for the implementation of new high service pumps at the Colonel Ward Treatment Complex. Funds for this project have been awarded $500,000 from NYSERDA 984. PON 984 provides 60% of the grant funds will be paid upon completion of construction with the remaining 40% applied based on measurement and verification of the power saving. CRA will not bill the City for the work, but instead deduct the $291,000 fee from the grant proceeds received upon completion of construction. The remaining portions of the grant from NYSERDA will be passed through to the City. PASSED AYES — 8 NOES — 0 FROM THE CORPORATION COUNSEL NO. 26 Utility Easement Agreement, Niagara Mohawk Power Corporation for use of 32 Cedar - School No. 32 (Ellicott District) Com 12, CCP November 14, 2006 The law department has .reviewed the proposed utility easement submitted to the Common Council for consideration by the Office of Strategic Planning regarding Niagara Mohawk's request for use of 32 Cedar. Our office would recommend approval contingent on the attached Utility Easement Rider also being included. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 27 Food Store License 2236 Genesee (Lovejoy) 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 2235 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 15, 2006, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food. Store License to Leroy Heard, located at 2235 Genesee Street on the condition that no alcoholic beverages be sold or consumed on site Passed. AYES — 8 NOES — 0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 28 PERMISSION TO ACCEPT FUNDS FROM STATE OF NEW YORK GOVERNOR'S TRAFFIC SAFETY COMMITTEE The City of Buffalo has been successful in obtaining grant funds for a "Bicycle Safety Training and Helmet Distribution Program" from the New York State's Highway Safety Program. The amount of the grant award is $36,665. The funds are to be used by the Department of Community Services and Recreational Programming in partnership with the Police Department and Police Athletic League to conduct a series of bicycle safety seminars and helmet giveaways in schools, community centers, and parks and playgrounds. The program intends to increase understanding bicycle safety rules and the dangers of not wearing helmets while bike riding with the goal of reducing accidents and serious injuries. I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from New York State, to authorize execution of all necessary agreements to implement this grant, and to set up an appropriate account receivable for this purpose. Mr. Bonifacio moved: That the above communication from the Department of Community Services and Recreational Programming dated November 22, 2006, be received and filed; and That the City of Buffalo accept grant funds in the amount of $36,665 from New York State's Highway Safety Program, and they hereby are authorized to execute all necessary agreements to implement this grant, and to set up an appropriate account receivable for this purpose. PASSED AYES - 8 NOES -0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 29 BUFFALO MUNICIPAL HOUSING AUTHORITY (BMHA) COMPREHENSIVE MANAGEMENT ASSESSMENT REPORT Based on your letter of July 28, 2006, along with your meeting with my staff on August t8, 2006, this correspondence serves to address the current status of BMHA's closeout activities associated with the Comprehensive Management Assessment Review conducted by this Office in November 2005. At this time, all findings are closed except findings number 1 and number 27. Please review the following to verify correctness: Finding Number 1: Board has not filled the vacant Executive Director position since the prior director left in March 2005 BMHA's July 28, 2006 response to HUD did not address the status of this finding, To close this finding, the housing authority needs to address fully the Following corrective actions cited in our December 31, 2005 comprehensive review report: Establish an interim Executive Director who will serve until a permanent Executive Director is selected. Submit an outline of the PHA's selection process and criteria, including timeframes. The Executive Director shall be selected after a broad search for the most qualified person within the salary range suitable for this position. Inform this Office of the status of the progress in selecting a new Executive Director. Our initial report stated that this finding would remain open until the PHA selects the highest qualified individual available from your broad search and selection, We are very concerned at the slow progress being made on this finding and request a full discussion on activities initiated to close it. Current Status: Open Finding Number 2: Board over - involved in day -to -day BMHA operations Current Status: Closed Finding Number 3: BMHA travel irregularities and non - compliance with approved travel policy Current Status: Closed Finding Number 4: Cell phone policy abuses Current Status: Closed Finding Number 5: Ineligible uses of BMHA- issued credit cards Current Status: Closed Finding Number 6: BMHA awarding contracts without full and open competition Current Status: Closed Finding Number 7: Contract award process unduly restricts full and open competition Current Status: Closed Finding Number 8: Questionable irregularities found in selection of Architect /Engineering contracts Current Status: Closed Finding Number 9: Procurement procedures, as required by federal law, are limited Current Status: Closed Finding Number 10: Contracts being awarded without documentation to support the cost reasonableness of the award Current Status: Closed Finding Number 11 : "Rationale for award not documented and change orders not in compliance with federal requirements Current Status: Closed Finding Number 12: Income improperly excluded from rent calculations for tenants with BMHA - related income Current Status: Closed Finding Number 13: Board of Commissioners' $75 monthly auto allowance in violation of Section 14(b) of the Annual Contributions Contract Current Status: Closed Finding Number 14: BMHA not documenting the rationale for' award of contracts Current Status: Closed Finding Number 15: Minority Business Enterprise (MBE) and Section 3 Programs not in compliance with federal requirements Current Status: Closed Finding Number 16: Requests for proposals not in compliance with federal requirements Current Status: Closed Finding Number 17: No approved schedule of tenant charges for services and repairs Current Status: Closed Finding Number 18: Board - approved apartment lease with former Executive Direct is less than market rate and carries no benefit to BMHA Current Status: Closed Finding Number 19: BMHA in violation of Procurement policy regarding the contract for development specialist Current Status: Closed Finding Number 20: Procurement of professional services contract riot in accordance with federal procurement regulations Current Status: Closed Finding Number 21: Mandatory federal contract forms omitted from contracts Current Status: Closed Finding Number 22: Independent cost estimates not being performed by BMHA Current Status: Closed Finding Number' 23: BMHA not checking Limited Denial of Participation list to identify parties excluded from federal procurement prior to award of contracts Current Status: Closed Finding Number 24: BMHA fails to obtain required HUD approval for procurement actions Current Status: Closed Finding Number 25: Contractor bonds not being checked prior" to award of contracts Current Status: Closed - -- Finding Number 26: Contract closeouts not being documented by BMHA and warranty inspections not being conducted Current Status: Closed Finding Number" 27: BMHA By -Laws outdated The BMHA response states that the number of Board of Commissioners is at its full compliment and this item will be brought to the Board Chairman's attention for further action, To close this finding, BMHA must submit its updated By -Laws, along with a Board resolution addressing this item. Current Status: Open Finding Number 28: Commissioner appointed to incorrect Board term Current Status: Closed Finding Number 29: No established standard operating procedures for" preparation of Voucher Management System (VMS) Current Status. Closed Finding Number 30: Housing Assistance Payments (HAP) expenses incorrectly reported in VMS Current Status: Closed As you will note from this current status report, the housing authority has made significant progress in resolving our findings. However, there are still two (2) open findings and we are very concerned that failure to close these findings prior to October 1, 2006 will have a negative impact on your housing agency's successful transition to asset management. Should you have questions or concerns regarding this letter, please feel free to contact Michele Bauer at 551 -5755, extension 5409. RECEIVED AND FILED NO. 30 BUFFALO MUNICIPAL HOUSING AUTHORITY SINGLE AUDIT REPORTING PACKAGE JUNE 30, 2006 Mr. Bonifacio moved: That the above communication from the Buffalo Municipal Housing Authority, be received and filed; and That the Buffalo Municipal Housing Authority Single Audit Reporting Package June 30, 2006 be and hereby is approved. PASSED AYES - 8 NOES — 0 a:16LTAIr9:1=11115d11 WLd44NN NO. 31 A. THOMPSON- LETTER OF RESIGNATION This letter shall serve as my official statement of resignation from the position of Council Member of the Masten District, commencing at 11:59 p.m. on the 31 day of December 2006. 1 look forward to working with the Common Council and the Mayor of Buffalo. As the Common Council puts together its annual legislative agenda, please let me know how I can support these endeavors. If you have any questions, please do not hesitate to call me at 851 -5145 (now) or 854 -8705 (after Jan 1). RECEIVED AND FILED. NO. 32 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 242 Allen St. 244 Allen LLC E. R. Castine, Jr. 1223 Niagara St. Fuhgeddaboudit P. Wright RECEIVED AND FILED NO. 33 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Assessment and Taxation -R. Tisdale Police -L. Valvo RECEIVED AND FILED. NO. 34 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 — 11 /8/06 RECEIVED AND FILED. NO. 36 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. FROM THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective November 27, 2006 in the Department of Public Works, Parks & Streets, Division of Water, to the position of Water Service Worker, Seasonal, at the flat starting salary of $8.15/hr. Jeffrey P. Salvo 98 South Pontiac Street Buffalo, NY 14206 NO. 36 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 COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING Appointment Effective November 20, 2006 in the Department of Community Services, Division of Substance Abuse Services, to the position of Counselor III, Permanent, at the minimum starting salary of $30,555. Jesse Carmichael 237 Lord Street Buffalo, NY 14206 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT AND INSPECTION SERVICES Appointment Effective November 20, 2006 in the Department of Economic Development, Permit and Inspection Services, Division of Plumbing and Drainage, to the position of Plumbing Inspector, Provisional, at the minimum starting salary of $39,499. Joseph Licata 138 Lancaster Ave. Buffalo, NY 14222 DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS Appointment Effective December 11, 2006 in the Department of Public Works, Parks and Streets, Division of Water, to the position of Meter Reader, Provisional, at the minimum starting salary of $26,562.00 Eric M. Schmit 302 Esser Avenue Buffalo, NY 14207 Appointment Effective November 25, 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. Dawn -Marie Ras 37 O'Kell Street Buffalo, NY 14220 Appointment Effective November 22, 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. Victor C. Orlando 91 Hartwell Road Buffalo, NY 14208 Appointment Effective November 13, 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. Earl J. Mekelburg 1186 Seneca Street Buffalo, NY 14210 Thomas J. Pyjas 29 Garvey Avenue Buffalo, NY 14220 Appointment Effective November 11, 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. William Appenheimer 22 Kail Street Buffalo, NY 14207 Appointment Effective November 11, 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. Michaerl A. McCool 53 Oakhurst Road Buffalo, NY 14220 Appointment Effective November 10, 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. Kelly Derfert 77 Cable St. Buffalo, NY 14206 Appointment Effective November 7, 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. Dennis E. Schollard 39 Shenandoah Road Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 37 LIVING WAGE ORDINANCE AMENDMENT Dear Mr. Savage: I understand that you are reviewing the legality of Council Member Fontana's proposed amendment to the City's Living Wage Ordinance, raising the living wage rate as of January 1, 2007 to $9.59 with health benefits and $10.77 without health benefits. Of particular interest, I know, is whether such an amendment would violate the wage freeze imposed by the Buffalo Fiscal Stability Authority (BFSA). I am writing to offer two reasons why the amendment would not violate the wage freeze. The Wage Freeze Would Not Apply to a Salary Increase Made Pursuant to the Living Wage Ordinance The Act creating the BFSA does not authorize the freezing of any and all wages of City employees; rather, it authorizes the suspension of salary increases made "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." 10 -D NYS Public Authorities Law Title 2, Section 3858(2)(c). The drafters of the Act could easily have authorized all City wages to be frozen, but they chose to add this language restricting the scope of the wage freeze to certain, clearly delineated situations- If the City chooses to raise its Living Wage rate, employees who get a wage increase would not be getting that increase "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." They would be getting that increase pursuant to a change in a City ordinance which imposes wage thresholds on various private employers and on the City itself. When the BFSA enacted its wage freeze, it used broad language, stating that the freeze was with respect to "all wages, wage rates, and salary amounts for all employees of the City." BFSA Resolution No. 04 -35 (April 21, 2004). The BFSA did include a key phrase, however: "to the full extent authorized by the Act." The BFSA is entirely a creature of the Act that authorized it. It has only the powers that the Act grants it, and the Act is very specific about the extent of the BFSA's wage freeze powers. The BFSA did not intend to take any action not "authorized by the Act," and its resolution should be interpreted to avoid conflicts with the Act. The Court of Appeals has spoken authoritatively on this issue, in a case involving the New York City control board statute, which used the same language as the BFSA Act. In that case, the police union argued that the wage freeze should not block a salary increase dictated by a prior court order. The Court agreed, reasoning as follows: The statute.., suspends wage increases "pursuant to collective bargaining agreements or other analogous contracts." In this case, the wage increase did not "take effect" by virtue of a collective bargaining agreement, but rather it took effect as the result of a... judgment. Patrolmen's Benevolent Association v. City of New York, 41 N.Y.2d 205 (1976). More recently, applying the same reasoning to different facts, the Appellate Division ruled that the Buffalo wage freeze did block a salary increase for police officers because the increase was made "pursuant to... a collective bargaining agreement." Matter of Meegan v. Masiello, 806 N.Y.S. 2d 442 (2005). It is clear that the BFSA can block wage increases made pursuant to collective bargaining agreements; it is equally clear that the BFSA cannot block wage increases which are not made "pursuant to collective bargaining agreements, other analogous contracts or interest arbitration awards." Therefore, the wage freeze cannot apply to salary increases made in order to bring the City into compliance with the current Living Wage Ordinance, nor can it apply to salary increases made to bring the City into compliance with the Living Wage Ordinance if it is amended to increase the Living Wage rate. Under any Reading, the Wage Freeze would not Bar the Proposed Ordinance Amendment Even if the wage freeze resolution were relevant in this situation, it would not invalidate the proposed Ordinance amendment; rather, it would temporarily suspend the effect of the amendment on City employees. The Ordinance amendment would still be valid, and it would take effect regarding private employers. No one would suggest that the wage freeze prevents the City from raising the rate that private contractors doing business with the City must pay their employees. The question should not be the legality of the proposed Ordinance amendment, but rather the application of that amendment to City workers. In other words, once the Ordinance is amended, "does the wage freeze temporarily prevent one employer - the City - from complying ?" For the reasons given above, I suggest that the answer will be no. But even if the answer were yes, the wage freeze would not invalidate the amendment. In the BFSA Act, wage increases are not voided, but rather "suspended" until the wage freeze is lifted. 10 -D NYS Public Authorities Law Title 2, Section 3858(2)(c). Conclusion The BFSA wage freeze does not affect the validity of the proposed Ordinance amendment to increase the Living Wage rate, nor should it prevent the City from complying with the Living Wage Ordinance as existing or as amended. Thank you for considering these thoughts. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 CASINO CAREER TRAININE CENTER Dear Mr. Chwalinski. Please file the attached item for further discussion at the next Common Council session to be held November 28,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Casino Career Training Center 1685 Elmwood Ave. #214 Buffalo, NY 14207 716 - 874 -4700 Dear Mr. Finamore: We were surprised to find out Erie County Workforce has dropped the Casino Training Center from its current provider fist. As you know, we are licensed under NYS Department of Education Proprietary School Division. We are an approved training site with Workforce throughout WNY including; Alleghany /Cattaraugus, Chautauqua, Genesee /Livingston, OrleansM/yoming, Monroe, Onondaga and Oswego Counties. We are an approved tuition assistance program "TAP" for VESID, Montgomery G.I. Bill, UAW - GM Powertrain, Delphi, American Axle and Ford Motor Co. We are approved by Workforce of Bradford PA. (Career Link), Seneca Nation of Indians Employment and Training and Canadian Indian Tribal Workforce. Now however, we are not approved in our home County of Erie where a new casino is being built and two standing casinos exist within drive distance, "what's the matterwith this picture. Our agreement with WIB promised a pilot of 25 students. To date, 10 students have recently graduated and 5 others are in training. It would seem the WIB has reneged on its agreement. My understanding is this decision is based on client placement issues and WIB internal productivity ratios, which as a training provider we do not control. As with any training no one can guarantee a job or a time frame at the end of the process. The representation we've made to WIB and our students guarantees graduates an audition with Seneca Gaming when they are hiring, we have this in writing. Circumstances beyond our control found Seneca Gaming Corp. in a hiring freeze for the past 4 months. Anticipated leadership changes at Seneca Nation (November 06' Seneca elections) coupled with lower than projected wagering and reservations for Seneca Niagara Hotel and expansion of the Alleghany Casino have slowed hiring. Recent conversations with Seneca Gaming have assured additional dealers will be hired for the holiday season and looking ahead to the Buffalo Creek Casino. The jobs are coming, they are real! Jim just look out the window, you can see the new Casino being built. This project is bringing Buffalo over 1000 new jobs, of which over 400 will be table game dealers! The Mayor of Buffalo held public negotiations to assure many Buffalonians become employed at the new Casino. As the Workforce training arm of Buffalo, why would you pull training funding for good paying jobs just on the horizon? I understand WIB would like the training- to- hiring process be timelier. However, we also believe being shortsighted and rigid will not serve the training needs of those socking positions in the gaming industry, We believe it's premature for WIB to discontinue funding at this time. The WIB has invested greatly to date; the casinos are very close to hiring hundreds of table game dealers. I urge you to speak with the Seneca Gaming people yourself, ask them what their needs will be for table game dealers. FYI, many casino dealers lost jobs in the Katrina disaster. As a matter of fact, many worked for locally headquartered Delaware North Companies who lost freestanding and river boat sites in the storm. These folks are out of work ready and in anticipation of the Buffalo Creek Casino. Some have already found jobs with Casino Niagara When Seneca Gaming begins hiring, some of these dealers will answer the call. Not having job ready trained dealers available is going to put outside people ahead of locals, hurting our community's chance to obtain these better paying jobs. Just this week we had to turn away 5 city residents seeking Workforce funding. People are excited about the training and the upcoming jobs. With some vision, our training program could end up being a success story for WIB. Dealers are earning $17 to $20 per hour plus benefits when fulltime. These are jobs that give people with narrow experience and educational attainment the ability to purchase homes, cars and support families. These are the new manufacturing jobs! To not anticipate the need, and not be ready to provide trained certified dealers would be a shame. Coincidence has it, on the eve of agreement between The Seneca Nation and the City of Buffalo for the downtown casino, Workforce cuts training funding for the jobs at the casino! Again, this is not "pie in the sky" the construction of the temporary casino is underway, soon to be opened in April 2007. 1 guess it's a choice of being on the front end of a success story or a measurement of missed opportunity. REFERRED TO THE COMMITTEE ON FINANCE NO. 39 FRANKLIN ST PARKING Dear Mr. Chwalinski, Please file the attached item for further discussion at the next Common Council session to be held November 28,2006. Thank you in advance for your assistance in this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Dear Mr. Giambra: I whole heartedly agree with the sediments in Mr. Rust's letter of November 8, 2006, concerning the unsafe condition created by allowing cars to park on both sides of Franklin Street. I envision with advent of snow the situation will be made much worse and present very serious problems for the streets and sanitation in plowing. I hope that the city reconsiders and goes back to the prior situation where there is only parking on the west side of Franklin Street. Very truly yours, Dan Cruise (Dept. of Public Works) Councilman Brian Davis f Mayor Byron Brown Mr. David J. Rust REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 40 OPPOSED TO RANSONHOFER SALES TAX DIST RESOLUTION Dear Mr. Bonifacio, Following a study, the members of the League of Women Voters of Buffalo Niagara decided that the way the sales tax is distributed to the cities, towns and villages in Erie County should be changed, that the current system for distribution is inequitable. The League has obtained a copy of a resolution by County Legislator Michael H. Ranzenhofer proposing that the current sales tax distribution agreement (established in 1977 and covering the original 3% of the sales tax) be terminated. He proposes a new agreement that would put together all the sales tax revenue that is now distributed to the cities and towns and distribute it to these municipalities according to population. While the League supports a change in the sales tax distribution formula, we are opposed to the Ranzenhofer resolution. Since the Ranzenhofer proposal would have a large negative impact on city finances, we want to inform you that we have written to every member of the Erie County Legislature and to the County Executive expressing our opposition to it. It is the position of the League that the sales tax distribution formula should recognize the value of the City of Buffalo and other urban centers to the entire region and that the formula should include consideration of a municipality's population, percentage of residents at or below the poverty level, amount of tax - exempt property, and relative fiscal capacity. Use of a formula developed by the Twin Cities, Minneapolis and St. Paul, to distribute revenues according to relative fiscal capacity would be a system that meets the League's requirements (see the attached explanation of fiscal capacity). The League has calculated the amount of sales tax revenue that would be distributed to Buffalo and to three suburban towns, as examples, under the current system, under the system proposed by Legislator Ranzenhofer, and under a fiscal capacity system. These calculations provide a basis for understanding the consequences of the Ranzenhofer resolution, which may eventually come before the County Legislature. The calculations and a sheet explaining the "fiscal capacity" concept are enclosed. The League welcomes any questions or comments you may have. Sincerely, Marian Deutschman President League of Women Voters of Buffalo Niagara REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 41 BUFFALO FIRST ARTICLE "BUY BUFFALO" Please file the attached News Article - "Buy Buffalo Week ". Please refer to the Committee on Community Development.. Thank you. Buffalo First • Local First Links • Why Local? • Our Team • Contact Us • Directory • Membership • Events • News • What is Buffalo First? Empowering Buffalo by promoting our greatest resources: local producers, workers, and businesses. Welcome to Buffalo First! Fostering self - reliance & sustainability in Western New York Buy Local Campaign Buffalo First's year -long buy local campaign aims to encourage Buffalo area residents to make purchases at locally -owned independent business whenever possible. We also encourage local "room and pop" stores to source with Buffalo's farmers, producers and retailers; and work with local nonprofits, credit unions and other institutions whenever they can. What is Buffalo First? Who are our members? Why Local? Many studies show that shopping locally keeps more money in our area versus shopping at national big -box or chain stores. This keeps the money that goes around coming around! Local businesses create more meaningful employment relationships, decrease environmental impact and enhance Buffalo's unique local culture. Here are other reasons to go local. http: / /www.buffalofirst.org/ 11/27/2006 Buffalo First Sustainability Buffalo First believes that it is possible for small business owners to make a living without making a killing. We encourage our members to adhere to the "triple" bottom line : people, planet and profit. More on local living economies. Membership Buffalo First is comprised of local independent businesses and organizations that pool their resources to encourage area residents to support Buffalo's local living economy. Membership for the year begins at just $50. We use in -store messaging, a local direct org, advertising, parties, networking events and other promotions to help Buffalo residents help Buffalo. Be part of a national movement. Download our Membership Form and sign up today! Business Directory Buffalo First is very pleased to welcome our new members. 92 Members Browse the directory now! Upcoming Events! Buy Buffalo Bash - Dec 7 Come support Buffalo's mom & pop" businesses and kick off Buy Buffalo Week. Buy Buffalo Week - Dec 8 -15 During Buy Buffalo Week area businesses will encourage Buffalo to go local! They will offer unique incentives... Local Lovers Contest Collect your receipts & enter to win a special Buffalo prize package! Sign Up Now! For far less than a one -week ad in a major newspaper, your business will be the focus of a year -long Buy Local Campaign • Sign Up Now! • Membership Benefits Copyright © 2006 Buffalo First LLC. Design by Tech Visioneer REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 42 REQUEST ART & CRAFT SALE IN CITY HALL Dear Ms. Gonzalez, I'm writing on behalf of Neto Hatinakwe Onkwehowe, Inc. which is in the Cayuga language and means, "Here Lives the People" We are a non - profit organization that has been conducting programs and services for at least 10 years in the Western New York region primarily for the Native American communities. I'm enclosing a copy of the Travel Guide we produce each year and am writing to request consideration for a one day art and craft sale in the lobby of city hall? This sale would feature authentic Native American arts and crafts, The vendors would include some seniors over 55 and some disabled. The Vendors would not be charged anything for participating and would keep all money from their sales. Enclosed you will find a copy of our 501c3 determination letter. The possible dates could be December or 22. A sincere Nya wen or Thank. Please call or e-mail me if you have any questions. REFERRED TO THE COMMISSIONER OF COMMUNITY SERVICES AND RECREATIONAL PROGRAMING AND SPECIAL EVENTS COMMITTEES NO. 43 ENVIRONMENTAL CLEANUP ACTION COMPLETED AT COBEY, LLC SITE; REMEDIAL ACTION REPORT UNDER REVIEW Cleanup work has been completed to address contamination related to the Cobey, LLC Site located within the Buffalo Lakeside Commerce Park (former Hanna - Furnace /Jnion Ship Canal) site in the City of Buffalo, Erie County, New York under New York's Brownfield Cleanup Program (BCP). See map on last page for the location of the site. Krog submitted a Brownfield Cleanup Program (BCP) Application to the DEC to participate as a volunteer in the BCP to develop the Cobey manufacturing facility on approximately 12 acres of land at the Buffalo Lakeside Commerce Park (Parcel 1). The application proposed that the future use of the site will be light industrial. The application was accepted by DEC, and remedial action and construction at the site began during September, 2005. The Krog Corporation has completed DEC - approved cleanup actions and has submitted a Remedial Action Report (RAR) to the DEC for review. "Remedial activities "' and "remediation "'refer to all necessary cleanup actions to address any known or suspected contamination associated with a site. The report states that remediation requirements have been achieved regarding site contamination to fully protect public health and the environment for the proposed future site use. A copy of the RAR is available for public viewing at the locations identified at the end of this fact sheet, under the heading "For More Information." Highlights of the Remedial Action Report The Remedial Action Report (RAR) has several goals. It will: 1) Describe the cleanup activities completed; 2) Certify that cleanup requirements have been achieved or will be achieved; 3) Define the boundaries of the site; 4) Describe any institutional /engineering controls to be used at the site. An institutional control is a non - physical restriction for use of the site, such as a deed restriction that identifies a remedial action that leaves residual contamination making the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier; Institutional and engineering controls were defined in the DEC approved Environmental Easement that was signed during September 2006. 5) Certify that an operation, monitoring and maintenance (OM &M) plan for any engineering controls used at the site has been approved by DEC. Cleanup actions completed at the Cobey site include the following: In August 2006, approximately 68 tons of petroleum contaminated soil associated with the remnants of a buried steel vessel was excavated and removed from the site. In October 2006, a site cover system was installed, covering the entire site being with one of several cover types including the site building foundation, asphalt pavement, concrete sidewalks, or clean soil in planned green space areas. The site cover system will reduce the potential for direct contact with low levels of contaminants identified within the underlying soil /fill material. Institutional controls were implemented at the site to restrict the exposure risk to contaminated soils. Future activities at the site are limited to commercial and light industrial uses. An Operation, Monitoring and Maintenance (OM &M) Work Plan has been developed and will be implemented on a long- term basis to maintain the institutional and physical components of the remedial action. The OM &M Work Plan includes an organizational chart outlining who will be responsible for implementing the post - closure OM &M, a health and safety plan, example inspection report forms, a schedule for the annual inspections and reporting, and procedures to maintain the cover system and associated remedial work. Next Steps DEC will complete its review of the RAR, make any necessary revisions, and, if appropriate, approve the report. DEC then will issue a Certificate of Completion to The Krog Corporation. With its receipt of a Certificate of Completion, the Krog Corporation would: have no liability to the State for contamination at or coming from the site, subject to certain conditions; and be eligible for tax credits to offset the costs of performing remedial activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, the applicant does not comply with the terms of its Brownfield Cleanup Agreement with DEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. An additional fact sheet will be sent when DEC issues the Certificate of Completion to the Krog Corporation. Site Background In 1900, the Buffalo Union Steel Corporation purchased the land that would become a manufacturing area and railroad yard. The Union Ship Canal was constructed in 1910 to service the facility. Pig iron manufacturing began around this time with the construction of four blast furnaces. The Hanna Furnace Company acquired the property from Buffalo Union Steel in 1915, and subsequently became known as the Hanna Furnace Corporation. Hanna Furnace ceased all operations in 1982 and Jordan Foster Scrap Corporation purchased the property in 1983. They dismantled the blast furnaces, many of the buildings, and removed the rails from the railroad yard. In 1986, Jordan Foster Scrap filed for bankruptcy. The City of Buffalo acquired title to the property due to nonpayment of taxes in 1998. For future development considerations, the property was divided into four parcels- (See site map.) The Cobey site is situated in Parcels land 2 as described below: Parcel 1 the former railroad yard and is about 43 acres in size. Parcel 2 - The former manufacturing area as is about 29 acres. To fulfill the requirements of Voluntary Cleanup Agreements, the City of Buffalo conducted more extensive sampling of Parcels 1 and 2 between 1999 and 2001. This sampling identified Contaminants of Potential Concern (COPCs) in the surface and subsurface soils, and fill material- The COPCs included various semi - volatile organic compounds, metals, and elevated pH of the groundwater. The elevated pH is attributed to the presence of lime that was used as a raw material in the iron manufacturing process. Assessment activities conducted on Parcels 1 and 2 concluded that the primary exposure pathway for contaminants was through direct contact with the contaminated soils and fill. Analysis indicated that the contaminants did not readily leach or release to the groundwater. With the possible exception of pH, the groundwater was not significantly impacted; groundwater is not used at the site and therefore no direct contact with the groundwater is anticipated except during invasive construction activities. It was proposed that a cover of clean soil, asphalt or concrete would eliminate the potential for direct contact and hence be protective of public health. Remedial Action Work Plans were submitted to the DEC and approved in February of 2002 (Parcel 1) and November of 2002 (Parcel 2). Remedial action and construction at the site began during September, 2005. FOR MORE INFORMATION Locations to View Project Documents Project reports for this site, including the Remedial Action Report, are available for public review at the following locations: Buffalo & Erie County Public Library JP Dudley Branch 2010 South Park Avenue Buffalo, New York 14220 (716) 823 -1854 NYS Department of Environmental Conservation Region 9 Offices 270 Michigan Avenue Buffalo, New York 14203 (716) 851 -7220 Hours: 8:30 AM 4:45 PM Please call to schedale an appointment. Who to Contact Comments and questions are always welcome and should be directed as follows: Site - Related Project Questions Mr. David Locey, Project Manager NYS Department of Envirornental Conservation 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 dplocey@gw.dec.state.ny.us Site - Related Health Questions Mr. Matthew Forcueci, Public Health Specialist NYS Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 If you know someone who would like to be added to the project mailing list, please have them contact the DEC project manager above- We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. PETITIONS NO. 44 R. OLIVER, AGENT, USE 2423 SENECA STREET -TATOO PARLOR (SOUTH) (HRG. 12/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. 0 lox 1 C. PALADINO, OWNER, USE 460 MAIN - PORTION OF 3 FLOOR -HUMAN SERVICES FACILITY (ELL) (NO PUB HRG REQ) (AMENDED APPLICATION) REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND DIRECTOR OF STRATEGIC PLANNING. CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 46 APPOINTMENT SR. FIRST CLASS STATIONARY ENGINEER (MAX) (PW) (ITEM NO. 26 -NOV. 14, 2006) That Communication 26, Nov. 14, 2006 be received and filed and the permanent appointment of Gregory Morcio stated above at the maximum starting salary of $37,213.00 effective on November 6, 2006 is hereby approved. PASSED. AYES -8. NOES -0. NO. 47 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) (#47,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 48 UTILITY EASEMENT AGREEMENT - NATIONAL GRID - 32 CEDAR - SCHOOL NO. 32 (ITEM NO. 12, C.C.P., NOV. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an easement agreement between the City and National Grid, for use of city -owned property located at 32 Cedar - School No. 32.1 That the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. (Attached CCP #26- 11/28/06) PASSED. AYES -8. NOES -0. NO. 49 REPORT OF BIDS - CITY WIDE SIDEWALK REPLACEMENT - 2006 GROUP #658 (ITEM NO. 8, C.C.P., SEPT. 19, 2006) (ITEM NO. 64, C.C.P., NOV. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Wide Sidewalk Replacement - 2006, Group #658, to P & J Construction Co., the lowest responsible bidder, in the amount of $1,219,614.00 ($1,108,740.00 Base Bid + 10% unit price increase $110,874.00 = Total Award $1,219,614.00). Funds for the project are available in Capital Project Accounts #39311106 & 30032106. PASSED. AYES -8. NOES -0. NO. 50 ORD. AMEND. CHAPTER 16- FINANCE; IMPROVED NOISE ORDINANCE RESOLUTION (POL) ( #25,10/17) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 51 AUDITED FINANCIALS -BFLO. NEIGHBORHOOD REVITAL. CORP. (BNRC) (STRAT. PLAN.) ( #8,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 52 BMHA AUDITS -2006 (COMPT) ( #18,2/7) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 63 RESPONSE -BMHA AUDITS -2006 (BMHA) ( #70,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 54 B. DAVIS -BMHA COMPREHENSIVE MANAGEMENT REPORT (#49,10/31) That the above item be, and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 55 PREVENT CUTTING DOWN OF HEALTHY TREES (PW) ( #22,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 56 ORDINANCE AMENDMENT - CHAPTER 194 - FOOD STORES (ITEM NO. 87, C.C.P., NOV. 14, 2006) That after the hearing before the Committee on Legislation on November 21, 2006, the Ordinance Amendment as contained in Item No. 87, C.C.P., November 14, 2006, be and the same hereby is approved. PASSED. AYES -8. NOES -0. NO. 57 SECONDHAND DEALER - 594 NIAGARA STREET (ITEM NO. 30, C.C.P., OCT. 17, 2006) (ITEM NO. 17, C.C.P., NOV. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Mae Jackson d /b /a Lifestyles by Consignment located at 594 Niagara Street. PASSED. AYES -8. NOES -0. NO. 58 J. GOLOMBEK -J. PANCZAK & O- PETITION -RE: COMPLAINTS ABOUT POLICE IN RIVERSIDE ( #51,11/14) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 59 T. GOODSON, PETITION TO USE 3223 BAILEY - USED CAR SALES, CAR REPAIR (ITEM NO. 99, C.C.P., SEP. 5, 2006) That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of T. Goodson, agent, for permission to use 3233 Bailey Avenue for used car sales and auto repair, as previously approved by the prior owner under permit #2051 be, and hereby is approved. PASSED. AYES -8. NOES -0. NO. 60 R. FONTANA -ELL. DEV. CO.- AMENDMENT -URB. REN. PLAN. -S. DIVISION, SWAN & MICHIGAN AVE. (#43,5/2) ( #75,10/17) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 61 D. THOMPSON- WOODCOCK & ARMANI MECH. CONTRACTORS -CH. 96 -COB CODE ( #97,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 62 D. THOMPSON -CH. 96 OF THE CODE OF THE COB ( #59,10/31) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 63 IMPROVE ENFORCEMENT MEASURES AGAINST MOTORISTS WHO VIOLATE NOISE ORDINANCES (ITEM NO. 152, C.C.P., OCT. 3, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is received and filed. ADOPTED NO. 64 M. KEARNS -TREE DEBRIS ( #80,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 65 BAN LARGE STEREO SYSTEMS IN MOTOR VEHICLES (ITEM NO. 123, C.C.P., JUNE 13, 2006) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be and the same hereby is received and filed. ADOPTED NO. 66 REQUIRE CITY LICENSE TO OFFER CHECK CASHING SERVICES ( #102,6/27) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 67 REQUIRE CITY LICENSE TO OFFER CHECK CASHING SERVICES (EDPI) (#49,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 68 MUNICIPAL CODE VIOLATIONS REPORT (LAW) (#42,4/18) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 69 G. BERNAS- COMMENTS /BUFFALO ENV. TASK FORCE -FINAL REPORT /COMMENTS ( #76,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 70 IMMEDIATE EST. OF THE PARKS ADV. BD. (EXC. FINAL RES.) ( #155,10/3) That the above item be, and the same hereby is received and filed. ADOPTED NO. 71 RESTAURANT DANCING CLASS IV - 199 DELAWARE (ITEM NO. 54, C.C.P., SEPT. 5, 2006) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Christopher Wahl d /b /a Club W Inc., located at 199 Delaware Avenue PASSED AYES — 8 NOES - 0 NO. 72 SECONDHAND DEALER - 1384 MAIN STREET (ITEM NO. 58, C.C.P., SEPT. 5, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d /b /a SEI /Aarons located at 1384 Main PASSED AYES - 8 NOES -0 NO. 73 T. HILL -REQ. 24/7 & ALTERNATE PKG.- REGENT STREET ( #83,6/13) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 74 PKG. ON REGENT STREET (PW) ( #35,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 75 329 FRANKLIN STREET — ENCROACHMENT (ITEM NO. 17, C.C.P., OCT. 17, 2006) (ITEM NO. 92, C.C.P., OCT. 31, 2006) That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Paul Fineburg, located at 329 Franklin Street, to install a 13' x 5 kalwall glass panel supported by structural rectangular tubing which would encroach city right -of -way at said address, subject to the conditions as listed in the above communication. PASSED AYES —8 NOES - 0 NO. 76 B. DAVIS -G. WALLENFELS -REQ. SIGNAL AT GEORGIA & NIAGARA STS. BE CONVERTED TO FUNCTIONING TRAFFIC LIGHT ( #66,4/4) That the above item be, and the same hereby is received and filed. ADOPTED NO. 77 G. GROBE & O- ALLENTOWN ASSN. -STOP INSTALLATION OF GAS METERS IN HISTORIC DISTRICT ( #109,9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 78 A. SEDITA -REQ. TO MAKE COB PARKS HANDICAP ACCESSIBLE ( #85,7/25) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 79 T. STINEMAN- PROBLEMS -78 BURGARD PLACE ( #96,9/5) That the above item be, and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 80 AMENDMENT TO THE OAK ST. REDEV. URBAN RENEWAL PLAN (HRG. 11/28) (CCP #89- 11/14/06) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mr. Golombek the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. Golombek CARRIED. Appearances Bill Grillo, Principal Planner Mr. Golombek moved: That after a public hearing on November 18, 2006, the Common Council does hereby certify the City Planning Board's unqualified approval of the Amendment of the Oak Street Redevelopment Urban Renewal Plan Amendment, consisting of Parcel 8A 1 and 8A2 (known as 45 Carlton Street) land use designation be changed from Residential Medium Density to Hospital and Medical Services, as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law. PASSED AYES - 8 NOES -0 NO. 81 AMENDMENT TO THE OAK STREET REDEVELOPMENT URBAN RENEWAL PLAN (CP) (ITEM NO. 6, C.C.P., NOV. 14, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. ADOPTED NO. 82 REQUEST TO OPEN UP EMERGENCY ASSISTANCE PROGRAM TO ROOFING REPAIRS ADOPTED. (ITEM NO. 94, C.C.P., OCT. 17, 2006) That this Common Council seek responses from each Councilmember, the Office of Strategic Planning, and local community -based organizations such as: FLARE, Belmont Shelter, South Buffalo Weatherization, Broadway Fillmore Neighborhood, Kensington Bailey Neighborhood Housing, and others for the next Common Council meeting. ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 83 CRIME IN BMHA PROJECTS (EXC. 1,2,3 RES) ( #125,9/19) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 84 CAPITAL IMPROVEMENTS BUDGET PROCESS (STRAT. PLAN.) ( #9,9/5) That the above item be, and the same hereby is received and filed. ADOPTED NO. 85 LOCAL 264- ARBITRATOR'S OPINION & AWARD JUDGEMENT ( #88,7/25) Mr. Bonifacio moved that the above item be recommitted to the Special Committee on Budget. ADOPTED NO. 85 INVITING REPS. OF MBBA & JER REV. SVS. TO MEET W /COUNCIL RE: PROPERTIES IN COB (ASSESS /TAX) ( #18,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 87 J.CHILSON- INVITING REPS. TO MBBA 2003 & JER REV. SERVICES LLC -MEET WITH COUNCIL- PROP.COB (#41,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 88 REQ. OF BONDS FUNDS FOR DEMO. OF KENSINGTON HEIGHTS ( #154,4/4) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 89 UNACCOUNTED FOR WATER STUDY (PW) ( #38,4/18) ( #70,5/2) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 90 BURA SALARY REIMBURSEMENTS (STRAT. PLAN) ( #2,11/1) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 91 CREATION OF FALSE ALARM RED. UNIT - UTILIZE CRYWOLF (# 108,2/4) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 92 M. COPPOLA- GRAFFITI ON COB STREET SIGNS ( #58,2/7) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 93 GRAFFITI REMOVAL PROGRAM ( #99,1/24) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 94 IOD REPORTS (HR) ( #45,5/16) That the above item be, and the same hereby is received and filed. ADOPTED. NO. 95 ABATEMENT OF CHARGES FOR SNOW REMOVAL COUNTY OF ERIE (ITEM NO. 13, C.C.P., JULY 11, 2006) That the Common Council has authorized the abatement of invoices #19598, #19599 and #23536 as more fully described in the above communication and that the Commissioner of Public Works, Parks and Street adjust their records abating the invoices. PASSED AYES -8. NOES -0. RESOLUTIONS NO. 96 By: Mr. Bonifacio EXCUSE COUNCILMEMBER RUSSELL FROM MEETING Whereas: Councilmember Bonnie E. Russell will be unable to attend the Council meeting on Tuesday, November 28, 2006; Now, Therefore, Be It Resolve That: The Common Council excuses Councilmember Bonnie E. Russell from attending The Tuesday, November 28, 2006 Common Council meeting. ADOPTED. NO. 97 BY: Council member Brian Davis AMENDMENT TO THE DOWNTOWN RENEWAL PROJECT URBAN RENEWAL PLAN WHEREAS, the Downtown Renewal Project Urban Renewal Plan was approved by the City of Buffalo Common Council, CCP Item # 190, on June 29, 1965 and subsequently amended with Phase II on December 17, 1968 (CCP Item # 70) and Phase III on April 6, 1976 (CCP Item # 170; and WHEREAS, the Office of Strategic Planning has recommended that the Downtown Renewal Project Urban Renewal Plan Amendment Phase IV, consisting of all that tract of land bounded by the street centerlines of Ellicott Street on the east, Eagle Street on the south, Washington Street on the west, & Clinton Street on the north, be designated as appropriate for Urban Renewal treatment; and WHEREAS, the additional site designation is seen as an integral part of the Downtown core revitalization that has suffered from blighting conditions; and WHEREAS, it will provide new economic development and job opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework for public and private reinvestment within the area; and WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and WHEREAS, the City Clerk is hereby directed to publish the notice attached hereto and marked Notice of Public Hearing" in the Buffalo News and the City Record, no later than the 2nd day of December, 2006 and that this Common Council will conduct a public hearing on the matter stated at 2:00 PM in the Council Chambers on December 12, 2006. Now Therefore Be It Resolved That, We the duly appointed members of the City Planning Board, do hereby report to the Common Council and certify our unqualified approval of the Downtown Renewal Project Urban Renewal Plan Phase IV amendment as defined in Subdivision 3 of Section 502, Article 15 of the New York State Municipal Law; and Be it further Resolved; That the Director of the Office of Strategic Planning is directed and has authorized the amendment to the Downtown Renewal Project Urban Renewal Plan Phase IV for the long -term, comprehensive redevelopment of the designated parcels within the approved areas. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 98 BY: Councilmember Brian Davis REQUEST TO AMEND LDA- 844 -864 MAIN STREET 800 MAIN STREET LLC - REDEVELOPER WHEREAS, the Buffalo Urban Renewal Agency has duly designated 800 Main Street LLC end /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Amendment to the Land Disposition Agreement has been duly submitted to this Common Council by the City of Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. 800 Main Street LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the City of Buffalo Urban Renewal Agency, was previously approved as the Redeveloper of 844 -864 Main Street 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between the City of Buffalo Urban Renewal Agency end 800 Main Street LLC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 99 By: Councilmember Brian Davis SET PUBLIC HEARING [REQUEST TO AMEND LDA - 844 -864 MAIN STREET- 800 BLOCK MAIN STREET LLC - REDEVELOPER WHEREAS, 800 Block Main Street LLC end /or other legal entity to be formed (herein referred to as the "Redeveloper"') has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency end the Redeveloper had executed a Land Disposition Agreement dated August 28, 2005 and has transferred the properties known as 844 -864 Main Street for the sum of One Dollar ($1.00) to 800 Main Street LLC, Redeveloper, and WHEREAS, the terms of the Land Disposition have been amended; and WHEREAS, Amendment No. 1 to Part I of the Land Disposition Agreement has been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to —is Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law ", and WHEREAS, Section 507(2) of the "General Municipal Law" requires that an amendment to the terms of a Land Disposition Agreement may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked Notice of Hearing in the Buffalo News, no later than the 2nd day of December 2006. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 12th of December 2006. ADOPTED NO. 100 By: Mr. Davis TRANSFER OF FUNDS CAPITAL FUNDS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $400,000 be and hereby is transferred and reappropriated as set forth below. From: 30000106 - 445100 Planning Capital Projects $400,000 To: 31540006 - 445100 Cars on Main St. $125,000 31655806- 445100 G.I.S. (Geographic Information System) $125,000 (new account needed) Michigan Ave. Streetscape (Broadway to Goodell) $ 75,000 (new account needed) Fargo Ave /D'youville College Gateway $ 75,000 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET. N 4a4N N= I Ilk t61119: I4&11:2xd/ e1SK6 ]Lrihril11 i94NE6101- 111 Bic] =11I NO. 101 BY: MR. FRANCZYK ORDINANCE AMENDMENT CHAPTER 293, NOISE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 293 of the Code of the City of Buffalo be amended to read as follows: § 293 -7. Penalty for offenses. Any person violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code[.] and §1 -15 of the City Charter and Code which states. "Every violation of any of the Code of the City of Buffalo shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each offense, in every case wherein no punishment or fine for a violation thereof is provided. Each day that a violation continues shall be deemed a separate violation. In addition to the aforesaid fines and penalties, a licensee who violates any provision of the Code shall be subject to a suspension or revocation of his license. Any payment returned by the Director of Treasury for insufficient funds will be subject to an additional charge as outlined in Chapter 175, Fees." A Buffalo Police Officer who in the course of his /her duties and with firsthand knowledge observes a person in violation of the City's noise ordinance may make and arrest without a warrant as authorized and provided by Criminal Procedure Law §140.10. In the event a police officer makes an arrest without a warrant pursuant to this chapter, he /she must without unnecessary delay bring the arrested person before a local criminal court and file an appropriate accusatory instrument charging the individual with the appropriate offense as required by Criminal Procedure Law §140.20. Alternatively, the arresting officer may issue and serve an appearance ticket upon the arrested person and release him /her from custody provided that the police officer who has issued and served the appearance ticket, at or before the time the appearance ticket is returnable files with the local criminal court in which the ticket is returnable, an accusatory instrument charging the named person with the appropriate offense pursuant to this chapter and in accordance with Criminal Procedure Law §§140 and 150 If the defendant does not appear in the designated local criminal court on the return date of the appearance ticket, the court may issue a summons or a warrant of arrest based on the accusatory instrument filed as authorized by all applicable provisions of the Criminal Procedure Law. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel / NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 102 Sponsor: Mr. Franczyk Co- Sponsors: Mr. Kearns DEMOLITION OF 171 SMITH STREET Whereas: 171 Smith Street has been sitting vacant and dilapidated, awaiting demolition for many months; and Whereas: The property is currently on the City demolition list; and Whereas: Neighbors are concerned that vagrants and vandals who have been frequenting this property may start a house fire and may cause additional damage to the property as well as adjacent properties in the area; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the Department of Economic Development, Permits and Inspection immediately commence the demolition of 171 Smith Street as order by the City Court Housing Court Judge Henry Nowak; and Be It Further Resolved: That the Department of Economic Development, Permits and Inspections report back to this Honorable Body as to when the property of 171 Smith Street will be demolished; and Be It Finally Resolved: That this Honorable Body requests that the property at 171 Smith Street be treated with utmost priority. ADOPT 1 sT & 3 RD RESOLVE; REMAINDER - COMMITTEE ON LEGISLATION. NO. 103 By: Mr. Golombek ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -13 (G)(1) Apprenticeship Training Program Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $100,000. § 96 -13 (H) Workforce Development and Diversification Apprenticeship Training Program. Definitions: "Worker Training Program" shall mean: a state registered apprenticeship program through New York State Department of Labor that includes the following standards: (a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and supervision of one or more workers; and (b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State Department of Labor; and (c) Equal opportunity and affirmative action plans; and (d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees, journeymen, apprentices, and supervisory staff; and (e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by a person or persons participating in an apprenticeship program which has been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW; and (f) Residency goals ensuring that the contractor will work toward a minimum of twenty -five (25 %) percent of the workforce to include qualified residents from the City of Buffalo. "Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works. "Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City of Buffalo Which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. "Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs ten (1 O) or more workers under a construction contract or construction subcontract, as defined herein, for which a worker - training program, registered through New York State Department of Labor is required. "Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind. (1) Requirements and Exceptions (a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any subcontractor entering into a construction contract as defined herein, with a contractor who has a construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and scope of work to be performed. (b) The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the training of workers and certification. (c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following: (i) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the workforce diversity goals and the demonstrate compliance with the minimum standards. (ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to validate workforce participation. (iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as details of workforce diversification recruiting programs directed at attracting candidates to fill positions to meet such requirements. (2) Rules & Regulations The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this section. (3) Equal Employment Opportunity Oversight The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight and review functions over apprenticeship training programs operated in accordance with the provisions of this section to ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and shall report to the Common Council annually concerning such compliance. (4) Penalties Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of such contractual agreements. (5) Severability If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such judgement or order shall be rendered. (6) Expiration The Apprenticeship Training Program ordinance as contained in § 96 -13 (G) and § 96 -13(H) of this chapter, and all enforcement thereof shall expire on July 1, 2007. The Common Council, by a majority vote, may extend this ordinance and its enforcement beyond the expiration date. APPROVED AS TO FORM Peter J. Savage III Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION.' NO. 104 BY: Ms. Russell BUDGET AND PERSONNEL AMENDMENT 20 - DEPARTMENT OF POLICE 1100 -COMMISSIONER The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Department of Police, 1100 - Commissioner, is hereby amended to read: 1 Special Assistant to the Police Commissioner for Communications $ 55,000 From: 12021001 - 411001 Salary $ 28,659 To: 12000001 - 411001 Salary $ 28,659 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. H. MCCARTHY- GIPSON, COMMISSIONER OF POLICE and DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Alisa A. Lukasiewicz Corporation Counsel 11/06/2006 PASSED. AYES -8. NOES -0. NO. 106 BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: James Alonzo William Carey Ronal Fleming Sharon Griffin Margaret Kelly Alfred Marino Signia Morales Barbara O'Connell Scott Hirsch Therese Sardo Mary Jo Conrad Gall Buch Christina Nendza Deborah Cielencki Barbara Brauch Kimberly Schaus Wayne Galloway Allen Brown Sr Robert Marshall Jr Georgette Antecki Seanna Jo Milewski Lisa Anzalone Kristina Drewery Nancy Frost Deborah Herbert Christine Kirby Theresa Michalski Viola Palmer Marian Nowaczyk Philip Dicarlo Ruthanne Suchy Alexis Oberlander Cynthia Donoghue Gloria Phillips Eileen Katz Annie Deck - Miller Pauline Young Eric Schiffman Michael Clayton Sara Pause Ginger Carey Kimberly Budzynski Carol Benz Carolyn Fleming James Griffin Willie Earl House Maureen Lewis Yvonne Minor -Ragan Dalia Dispenza Michael Seibert Magali Maedorado James Hunter Anne DeGeorge Angela Angelo Leola Browder Mary Alice Mason Mary Jane Wajmer Mica Swartwood David Filsinger Harold Cardwell Jr Afrika Richardson Sandy Winkowski Total: 63 ADOPTED. NO. 106 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 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Alice Radka Louise Cerrone Carla Ruffino Lee Adanti Kelli Blakeley Lisa Geier Sharon Levy Teri Jo Ritz Jeffery Abraham Rose Bologna Francis Clouden Patrice Colpoys John Crangle Loretta DiBella Karen Fritsch Francine Giumento Debra Hogan Judith Ivey Joyce Krawczyk Brian Mayo Kimberley Mesi Joy Peterson David Rosen -Brand Louis Strauss Patricia Thomas Mary Wolf Patrick Sole Jr Linda Chwalinski Lisa Nowak Nell Daley Kea Rusch Sharon Knope Barbara McAlister Kathy Rine Herbert Bellamy Robert Hecht Ralph Hernandez Francine Russo Kathleen Gregoire Joanna Alfonso -Cooke Richard Carter Diane Kaczmarek Inez Mirco Maria Thomas Kristin Alabisi Shirley Bonanducci Janet Cochrane Robert Corp Christina Cybulski Linda Drake Mary Jo Gang Ann Marie Hawes Kathleen Hochol Joanne Karamanos Edna Lovegrove Michael McGee Lynn Miller Leonard Potwora Lynette Ryan Carl Szarek Susan Tilley Diane Zigrossi Christine Ruggiero Gerald Chwalinski Suzanne Buffamanti Madonnna Scoville Cheryl Kinmartin Marquitta Whitehead Paula Gehm Judith Lips Keith Dearmyer Vito Masiello Richard Fontana Julia Paul Jacqueline Rushton Marilyn Archer Timothy Collins Nancy Lauria Michelle Olszowy Michael Zulewski Frances Boles Danielle Casillas Melinda Collins Jacqueline Costantino Elaine DeFranks Willmer Fowler Richard Geer Sara Hibbard Dorothy Mae Hunter Nancy Kostek Beverly Marino Douglas Mercer Michael Nowakowski Marlene Prather Paul Sorrentino Elaine Szematowicz Bonnie Jean Tolbert Angela Filppone Maria Grisanti Karen Barone Laura Rogers Mae Jackson Mary Pat Tyler Madeline Marrone Broc Dehn Charles Bartolotta Damon Evans Randolph Paul Christine Lehner John Fracos Mary Baldwin Joseph Golombek Jr Total: 85 ADOPTED. NO. 107 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Dec. 5, 2006 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, Dec. 5, 2006 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Dec. 5, 2006 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Dec. 5, 2006 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 108 Adjournment On a motion by Mr. Bonifacio, Seconded Mr. Fontana, the Council adjourned at 2:40 p.m. GERALD CHWALINSKI CITY CLERK