Loading...
10-0622_0617ppCity Clerk's Department BUFFALO June 25, 2010 • �'• �► 1!T �: r : Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 1 PASSED June 22, 2010 Appoint Commissioner of EDPI(Comerford) Gerald A Chwalinski City Clerk 0 . CORPORATION PROCEEDINGS COMMON COUNCIL CITY FALL - BUFFALO TUESDAY, ,TUNE 22, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on .Tune 8, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH [a________dee_ [ MAJ -- 5 ] [ 213 e 6 [314- 71 *AYE* NO ' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0* June 22, 2010 I FROM THE MAYOR - EXECUTIVE DEPARTMENT June 22, 2010 FROM THE CITY PLANNING BOARD June 22, 2010 0000 1. M g o ] ky SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. THE COMMON COUNCIL,: DATE: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx? June 17, 2010 03 -0 Mayor [:Appointment — Commissioner of Permit and Inspection Services � Pursuant to §17-1 of the Charter of the City of Buffalo, I hereby appoint James W. Comerford, 435 Eden Street, Buffalo, New York, 14220 to the position of Commissioner of Permit and Inspection Services effective July 1, 2010. Mr. Comerford has been serving as Deputy Commissioner of Economic Development, Permit and Inspection Services since August 20, 2007. Mr. Comerford has served with distinction and is well qualified to discharge the duties of Commissioner of Permit and Inspection Services. I respectfully request Your Honorable Body to confirm Mr. Comerford as the Commissioner of Permit and Inspection Services at your earliest opportunity. SIGNATURE DEPARTMENT HEAD TITLE: B ronW. Brown, ayor Ir f � r`} Mr. Fontana moved: That the above communication from the Mayor dated June 16, 2010, be received and filed; and That the appointment of James W. Comerford as Commissioner of Permit and Inspection Services effective July 1, 2010, be and hereby is approved. Passed TAB:rmv TAwp6O \mwo Alc6- 22a.aoc *AYE *1O* 1 FONT ANA * � * FRANCZYK GOLOMIBEK * x HAYNES �! 1HE ... S YSF s LOCURT i� r RUSSELL * ... SNffM 2/3- 6 3/4- 7 '� City Clerk's Department BUF FALO June 25, 2010 HON. SYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED June 22, 2010 Strat Plan -Amend Lease Agmt Btwn GOB and Grassroots Garden Gerald A Chwalinski City Clerk �+ , + ^: 00fl.2d C ITY OF CITY PLANNING BOARD 901 CITY HALL BUF'F'ALO. NEW YORK 142032 13YRON W. BROWN MAYOR June 10, 2010 Marc Romanowski Harter Secrest & Emery LLP Twelve Fountain Plaza, Suite 400 Buffalo New York 14202 Re: 1031 Michigan Avenue, Skilled Nursing Facility, Kaleida Health Dear Mr. Romanowski: The City of Buffalo Planning Board, at a meeting held on Tuesday, June 1, 2010, considered the matter captioned above pursuant to Section 511.137 of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511 -145 and 511 -146 of the Buffalo Code. A New York State Environmental Quality Review Finding Statement has been prepared and approved by the City of Buffalo Planning Board. The City of Buffalo Planning Board voted to approve as presented the site plan, design and elevations dated July 20, 2009 for the construction of a Skilled Nursing facility on the property located at 1031 Michigan Avenue, Buffalo New York. This approval is valid until June 1, 2011. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 851 -5086. Sincerely, VU illiam rillo Principal Planner 1►iT1'ltikTAR -9 c.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board File �5 ��� @ Mate Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act _ SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals, as an Involved Agency, snakes the following findings. Name of .Action: Buffalo Niagara. Medical Campus — North End Development Skilled Nursing Beds at Buffalo General Hospital Applicant: Kaleida Health SEQRA Status-, Type 1, positive Declaration Description of Action: Kaleida Health is proposing to construct the Skilled Nursing Beds at Buffalo General Hospital ( "SNP ") on the block stretching from East North Street to High Street between Michigan Avenue and Maple; Street, Buffalo, New York, Location: 1031 Michigan Avenue, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law §81 -b, the City of Buffalo Zoning Board of Appeals ( "ZBA ") has jurisdiction to consider applications for variances from the requirements of the Code. Here, the Applicant is seeking a Height Variance from the limitations found in §511 -29(a) of the Code. Lute Final Generic Environmental Impact Statement accepted: Date of Lead agency's Findings Statement: January 27, 2009 Contact: William Y. Grillo City of Buffalo Office of Strategic Planning 901 City Mall Buffalo, New York 14202 Phone: (716) 851 -5086 January 14, 2009 0 Facts and Conclusions Relied on to Support the Decision: Kaleida health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC — North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. The Zoning Board of Appeals ( "ZBA "), as an Involved Agency in this process, received and reviewed all of the documentation cited above. On April 30, 2010, Kaleida Health ( "Kaleida ") submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and ZBA. The Application included a Letter of Intent ( "LOI "), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the ZBA. Kaleida is seeking an Area Variance to accommodate the height of the proposed SNF. The proposed height of the SNF will be a total of four (4) stories and approximately 67' above grade. Section 511m29(a) limits the height of structures in the C-1 District to three (3) stories and 40'. Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to review the potential environmental impacts of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicant has prepared and submitted to the ZBA the aforementioned FEAF specifically for the construction of the SNF to assist the ZBA in reviewing potential impacts of the requested variance. The DGEIS and FGEIS also specifically analyzed the potential impacts of a skilled nursing facility of this size and location and found that the impacts were minimal. As such, the proposed construction of the SNF was fully analyzed as part of the Planning Board's SEQRA review and the ZBA has determined and concurred that the requested Area 'Variance is consistent with the analysis and findings of the City of Buffalo Planning Board as evidenced by its Findings Statement dated January 27, 2009. Therefore, the ZBA joins in the determination of the Planning Board that the potential environmental impacts of the requested variance are minimal. Additionally, Kaleida will be required to comply with all mitigation measures identified in the Planning Board's Findings Statement. Pursuant to §511 -146 of the Code and New York General City Law §81 -b(4), the ZBA has considered the potential impacts of the requested height variance, the benefits to the Applicants and weighed them against the health, safety and welfare of the neighborhood and the community and has determined that the benefit to the Applicant outweighs any detriment associated with the requested variance. t' Amer evaluating the cumulative environmental, economic, and social impacts of the proposed SNF, and more specifically, the requested height variance, the City of Buffalo Zoning Board of Appeals is adopting a feasible, prudent and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification to Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement of the City of Buffalo Planning Board, as Lead Agency, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Zoning Board of Appeals has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the FGEIS and their supporting materials; 1 The City of Buffalo Zoning Board of Appeals has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Zoning Board of Appeals, as and Involved Agency, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Beard's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Zoning Board of Appeals' designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA] }. Certification; These findings were adopted by majority vote of the City of Buffalo Zoning Board of Appeals at a duly called meeting held on May 26, 2010. City of Buffalo Zoning Board of Appeals Name of cy -s* --- Respo sible Official Chairman Title of Responsible Official James A. Lewis, Iii Name of Responsible Officer May 26, 2010 Date City of Buffalo Zoning Board of Appeals, 901 City Hall, 65 Niagara Square, Buffalo, New York 14202 Address of Lead Agency A copy of this notice sent to: New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of Health New York State Office of Parks, Recreation and Historic Preservation Dormitory Authority of the State of New York New York State Office of Mental Health New York State Office of Alcohol and Substance Abase Services New York State Board of Regents State University of New York Niagara Frontier Transportation Authority (NFTA) Erie County Department of Environment and Planning Erie County Department of Health Erie County Department of Mental Health Erie County Office of Alcohol and Substance Abuse Services Erie County Industrial Development Agency Emergency Services -- Sheriff's Office Environmental Management Council City of Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Department (Dept. of Public Works) Buffalo Fire Department Buffalo Police Department Buffalo Urban Renewal Agency (BURA) City of Buffalo Common Council City of Buffalo Zoning Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) 1 � Mr. Fontana. moved: That the above communication from the Office of Strategic Planning, be received and filed; and That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for Kaleida Health to construct Skilled Nursing Beds at Buffalo General Hospital in accordance with Article S of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617, seeking a Height Variance from the limitations found in §51 -29(a) of the Code from the City of Buffalo Zoning Board of Appeals. Adopted, 3 TAB:rmv TAwp6OVw orsV \3e6- zz a.aoa 00001 State Environmental Quality Review Act Findings Statement Findings to Approve Pursuant to Article 4 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Planning Board Snakes the following findings. Name of Action: Buffalo Niagara Medical Campus — North End Development Skilled Nursing Beds at Buffalo General Hospital Applicant: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health is proposing to construct the 200,000 sq.ft. + / -, 300 bed, Skilled Nursing Beds at Buffalo General Hospital ( "SNF ") on the block stretching from East North Street to High Street between Michigan Avenue and Maple Street, Buffalo, New York. Location: 1031 Michigan Avenue, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to ;511 -137 of the Charter and Code of the City of Buffalo ("Code "), the City of Buffalo Planning Board ( "Planning Board ") has jurisdiction to consider site plan applications for projects whose costs exceed $100,000.00. Date Final Generic Environmental Impact Statement Accepted: Date of Lead Agency's Findings Statement: January 27, 2009 Contact: William P. Grillo City of Buffalo Office of Strategic Planning 901 City flail Buffalo, New York 14202 Phone: (716) 851-5086 January 14, 2009 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Citninelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC — North End Projects constitute the "Action subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to• prepare a DGEIS in accordance with the Planning Board- approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts frorn the Projects to the maximum extent practicable. 1, The Planning Board, as Lead Agency in this process, received and reviewed all of the documentation cited above. On April 30, 2010, Kaleida Health ( "Kaleida ") submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and Zoning Board of Appeals. The Application included a Letter of Intent ( "LOI "), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the Planning Board. Kaleida is seeking Site Plan approval for the approximately 200,000 sf., 300 -bed skilled nursing facility. Pursuant to the State Environmental Quality review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to review the potential environmental impacts of a project to assess whether the action has the potential to have significant adverse environmental impacts, The Project Sponsors prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicant has prepared and submitted to the Planning Board the aforementioned FEAT specifically for the construction of the SNF to assist the Planning Board in reviewing potential impacts of the Project. The DGEIS and FGEIS also specifically analyzed the potential impacts of a skilled nursing facility of this size and at this location and found that the impacts were minimal. As such, the proposed construction of the SNF was fully analyzed as part of the Planning Board's SEQRA review and the Planning Board has determined that the Project submitted as part of this Application is consistent with the analysis and findings of the Planning Board in its original Findings Statement dated January 27, 2009. As set forth in the original Findings Statement, Kaleida will be required to comply with all mitigation measures identified in the original Findings Statement. CONCLUSION Mier evaluating the cumulative environmental, economic, and social impacts of the proposed SNF, and more specifically, the requested site plan approval, the City of Buffalo Planning Board is approving the proposed Site Plan as the feasible, prudent and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of aII environmental impacts to the greatest extent reasonable and practicable. - W Certification to Approve: Having considered the DGEIS, FGEIS, FEAF and the original Findings Statement, and having considered the proce(:dings, facts, and conclusions relied on to meet the requirements of NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: I. The City of Buffalo Planning Board has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS, FGEIS and FEAF and their supporting materials; 2. The City of Buffalo Planning Board has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Planning Board, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR fart 617 (State Lnviromnental Quality Review Act [SEQRAj) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City ol "Buffalo Planning Board's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRAj). Certification: These findings were adopted by majority vote of the City of Buffalo Planning Board at a duly called meeting held on June 1, 2010. City oj'Buffalo Planning Board Name ;:)f Agency � of Responsible O i ' � James Morrell Name of Responsible Officer Chair Title o Responsible Official June 1, 2010 Date City of Buffalo Planning Board, 901 City Hall, 65 Niagara Square, Buffalo, New York 14202 t.� E A copy of this notice seat to: New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of health New York State Office of Parks, Recreation and Historic Preservation Dormitory Authority of the State of New York New York State Office of Mental Health New York State Office of Alcohol and Substance Abase Services New York State Board of Regents State University of New York Niagara Frontier Transportation Authority (NFTA) Erie County Department of Environment and Planning Erie County Department of Health Erie County Department of Mental Health Eric County Office of Alcohol and Substance Abuse Services Eris; County Industrial Development Agency Emergency Services — Sheriff's Office Environmental Management Council City of Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Department (Dept. of Public Works) Buffalo Fire Department Buffalo Police Department Buffalo Urban Renewal Agency (BURA) City of Buffalo Common Council City of Buffalo Zoning Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) Mr. Fontana moved: That the above communication from the Office of Strategic Planning, be received and filed; and That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non-significance for Kaleida Health to construct Skilled Nursing Beds at Buffalo General Hospital in accordance with Article S of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617 for the approval ofihe site plan for the construction of a 200,004 square foot, 300 bed facility at a cost of more than $100,000. Adopted. 0 TAB:rmv T:�Wp6MMSWordUmA4c6- 22a.aoc 00605 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 3 ] a IF � TO: THE COMMON COUNCIL: DATE: June 11, 2010 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Amend Lease Agreement Between City of Buffalo and Grassroots Gardens of Buffalo to include 754 - 756 -760 and 328 Glenwood PRIOR COUNCIL REFERENCE: Item No. 12, C.C.P. 101312006 In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The agreement allows Grassroots Gardens of Buffalo, Inc. to add additional garden locations during the term of the lease. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include 754, 756, 760 and 828 Glenwood Ave., all sponsored by the Glenwood — Fillmore — Kehr Block Club, c/o Larry Williams and Irene Melson, 724 Glenwood Ave., Buffalo NY 14211, 465 -3153. The request was reviewed by the Land Use Planning Committee at their meeting on May 19, 2010. The Committee had no objections to releasing the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31, 2010, shall remain the same. am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the listed properties. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: John P. Hannon, Jr. Director of Real Est O:fftc6 S"te�gic Pl ping JPH: jjl Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated ,Tune 11, 2010, be received and filed; and That the Director of Real Estate be, and be hereby is authorized to amend the lease between the City and Grassroots Gardens of Buffalo, Inc., to include 754, 755 and 828 Glenwood. That the Acting Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. Passed I� a MAYOR 5 TABanv T_1wp60'Umword\=v15e5- 22a.dac * AVE * NO FONTANA FRAN CZYK GOLOMRFK HAYNES REARNS LOCU TT3 RIVERA a � RUSSELL S Maj - S 2/3- 6 3/4- 7 '� City Clerk's Department BUFFALO Jane 25, 2010 ! "' • ' s s s s RENEW Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item, No. 7 PASSED June 22, 2010 Strat Plan -Perm to Contract With and Fund Up to $300,000 to Colored Musicians Club, Inc. Gerald A Chwalinski City Clerk l.iV '� ii� �.a l��i t/l�� Z # 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL 1 6 TO: THE COMMON COUNCIL: DATE: June 15, 2010 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approve Lease Agreement Between the City of Buffalo and the North Buffalo Community Development Corporation for Operation of the Lafayette Ice Rink Located at 124 Tacoma a.k.a. 100 Tacoma (Delaware District) PRIOR COUNCIL REFERENCE: Item No. 4, C.C.P. 10113/2009 Ex. (Item No, xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Item No. 4, C.C.P. 10/13109, Your Honorable Body authorized a one (1) year lease agreement between the City of Buffalo and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a.k.a. 100 Tacoma). This lease is for the period of May 21, 2009 through May 20, 2010. The Office of Strategic Planning, Division of Real Estate, has received a request from Donald Morris, Board President, requesting to renew their lease for an additional one (1) year period. The lease would commence on May 21, 2010 and expire on May 20, 2011. The North Buffalo Community Development Corporation has applied for a $200,000.00 grant through Senator Thompson's Office for capital improvements. The Grant is still in the process of being approved. The North Buffalo Community Development Corporation needs to have a written lease renewal in place in order to obtain this grant. Their request to renew this lease was forwarded to the Law Department, Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The Operator annual rent shall be One Dollar ($1.00), 2. The Operator shall be allowed to provide the activities that it determines appropriate providing that all major tenants currently occupying the rink will be guaranteed the same days and hours of operation. Any changes in the scheduling will be mutually agreed to by the Operator and existing tenants. Any expansion of existing hours of operation will be the responsibility of the Operator including but not limited to employee scheduling. 3. Rental Fees — The hourly rental fees and public skating fees should be the same as those prescribed in the City's annual budget. Any change and /or increase in fees exceeding ten percent (10 %) shall require approval of the City of Buffalo's Common Council. 4. Utilities — The City will be responsible for all utility costs for the existing term of this lease. 5. Maintenance -- The Operator shall be responsible for all routine maintenance to the facility. All capital improvements including the ice surface shall be the responsibility of the City. �T Multiple Page Communication to the Common Council Page 2 June 14, 2010 6. Advertising --- The Operator may sell advertising rights to that portion of the rink which it determines appropriate in order to raise revenues and to assist in offsetting the cost of its programs. All advertising revenues shall be the property of the Operator. 7. Insurance -- The Operator shall provide insurance as deemed necessary by the City's Corporation Counsel Office. This office recommends that Your Honorable Body renew their lease agreement for a one (1) year period commencing on May 21, 2010 and expiring on May 20, 2011. 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. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD JPH: pig CRENEwLASENORTHBUFALUCE RINK John P. Hannon, Jr. Director of Real Estate Office of Strategic P,19 REFER TO THE COMMI ON FINANM W) 0 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL l� TO: THE COMMON COUNCIL: DATE. JuneX, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Executive SUBJECT: PERMISSION TO C ONTRACT WITH AND E UP $3 00 , 000 O COLORED PRIOR COUNCIL REFERENCE. TEXT. (TYPE SINGLE SPACE BELOW) The City of Buffalo Office of Strategic Planning respectfully requests that Your Honorable Body approve the attached proposed Agreement with the Colored Musicians Club, Inc. (CMC) for the City to fund the amount of up to $300,000 to be applied towards the costs associated with CMG's capital improvements for CMG's building located at 145 Broadway Avenue and the installation of state of the art museum exhibits celebrating the CMC's eighty -one year history. CMC will continue to improve CMG's 3,840 square foot building on CMC's property at 145 Broadway to provide handicapped accessibility, much needed capital improvements; and to develop a museum space celebrating the rich jazz history of the Club. CMC intends to complete all work in time for the 2011 National Preservation Conference being held by the National Trust for Historic Preservation in Buffalo. am recommending that Your Honorable Body authorize the City's provision of up to $300,000 in funding from the City of Buffalo to the Colored Musicians Club, Inc. in order facilitate the Colored Musicians Club's capital improvements and museum implementation project and that Your Honorable Body further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with the Colored Musicians Club for up to $300,000 in funding for the Colored Musicians Club's capital improvements and museum implementation project and that Your Honorable Body further authorize the Mayor and all other pertinent City personnel to take all such actions and to execute such documents as are at)cror)riate to carry out the intention of the foregoing. DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director SIGNATURE OF DEPARTMENT HEAD: ` ` i. y a This Agreement is made this day of , 2010 by and between THE CITY OF BUFFALO (hereinafter referred to as "City ") a municipal body under the laws of the State of New York, having its offices at 65 Niagara Square, Buffalo, New York 14202, and The Colored Musicians Club, a not - for - profit - corporation, organized and existing pursuant to the laws of the State of New York, having its principal office at 145 Broadway Avenue, Buffalo, New York 14203, (hereinafter the "Grantee "). WHEREAS, the Grantee has proposed a program entitled: the Colored Musicians Club Capital Improvements and Museum Implementation Project (hereinafter referred to as the "Project ") under which the Grantee's National Register listed, historic structure at 145 Broadway Avenue will undergo capital improvements and the installation of museum exhibits. Whereas, the City has available the sum of up to $300,000.00 in funds which the City has determined to use as grant funds (the 1300,000.00 Grant ") as a development incentive for the further renovation and rehabilitation of 145 Broadway and for development of state of the art multi media museum exhibits at the Grantee's historic Club at 145 Broadway in the City of Buffalo. Now, therefore, in consideration of the foregoing and the $300,000 Grant, the parties hereto agree as follows: 1. City and Grantee agree that the foregoing recitals are true and hereby incorporate all of said recitals into this Agreement. 2. Grantee agrees that the construction of improvements and operation of the Project will be done in accordance with the New York State Building Code, applicable zoning limitations and other local requirements, and agrees to obtain necessary zoning variances and all governmental permits necessary to develop, construct and occupy the Project at the Premises. 3. The Grantee hereby agrees to defend and indemnify the City to the fullest extent permitted by law and in furtherance of this indemnification the Grantee shall provide proof of the following insurance through production of a Binder or insurance certificates k r J in a form approved by City's Corporation Counsel as to the following. A. Insurance Type /Description 1. a. Workers' Compensation and Employer's Liability Insurance - covering the Grantee as named Insured for his liability under the law. The Grantee shall provide proof of Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. Such proof shall be on the New York Form. b. New York State Disability Benefits Insurance - as required by law. 2. Comprehensive Bodily Injury and Property Damage Liability insurance, covering and naming the City of Buffalo as additional insured with the following limits. a. General Aggregate $1,000,000. b. Products- Completed Operations Aggregate Limit $1,000,000. C. Personal Injury Limit $1,000,000 d. Each Occurrence Limit $1,000,000 3. Comprehensive Automobile Liability Insurance — Combined Single limit of $1,000,000 covering bodily injury and property damage. B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Grantee or insurance company without thirty (30) days written notice to the City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Grantee shall supply a certificate of insurance which names the City of Buffalo as additional insured. The "Description of Operations /Locations /Vehicles /Exclusions added by Endorsement/Special Provisions" section shall state: "The City of Buffalo is listed as Additional Insured under the General N Liability policy in connection with the Capital Improvement and Museum Implementation Project at 145 Broadway in Buffalo, NY." 4. City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Grantee or any officer, agent or employee of the Grantee, incurred beyond the scope of this Agreement, and the Grantee agrees to the fullest extent permitted by law to hold the City harmless from any such cost, debt or liability arising out of the Grantee's activities related to this Agreement. 5. In case of any ambiguity in the terms of this Agreement, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulation, laws or ordinances, the matter must be immediately submitted to the City which shall resolve the same and its decision in relation thereto shall be final and conclusive upon the Grantee to the extent provided by the law. 6. Execution of the terms of this Agreement shall be in strict compliance with all applicable Federal, State and local laws and regulations concerning the avoidance of any conflict of interest. The Grantee represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by City. Violation of the terms of this agreement shall be cause for termination of this Agreement, and a voidance of any benefit to the Grantee otherwise created for the Grantee concurrent with the Conflict of Interest. 7. The parties agree that the Grantee and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Project activity or the Project itself or the Grantee is any City division, department, officer, agent, employee, or part of the government or administration of the City of Buffalo. Provided, however, that in all public statements or communications regarding the Project, the Grantee shall indicate in some manner that the City furnishes funds for the Program. f 8. The Grantee agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, obligation, or interest it may have therein, without prior written consent from the City. Any such assignment, transfer, conveyance, or disposition of this Agreement, or any right, title, or interest therein without prior written consent of the City will relieve the City of any and all liabilities and obligations growing out of this Agreement to the Grantee or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Grantee and its assignees or transferees shall forfeit and lose all moneys theretofore earned under this Agreement. 9. The Grantee agrees that neither the funds provided for the Project, nor the personnel employed in the administration of the Project, shall be in any way or to any extent engaged in the conduct of political activities in contravention of the Hatch Act (Chapter 15 of Title 5, United States Code). 10. The Grantee, to the fullest extent permitted by law, shall defend, indemnify and save harmless the City and their officers and employees from all claims, suits, actions, damages, losses, and costs of every name and description to which the City may be subjected or put by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Grantee, its employees, agents or subcontractors, in the performance of any work under this Agreement or related to the Project. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed and the Grantee has caused this Agreement to be duly executed in its name by its duly authorized representative on or as of the first day above written. Colored Musicians Club, Inc. By: - - George Scott, President f Byron W. Brown, Mayor 4 STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On the day of , in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds STATE OF NEW YORK ) COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of , in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his/her /their signature(s) on the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds 9 J % AYE NO * FONTANA FRAN CZ YK GOLOMBE RAYNE x KEARNS LOCURTO RWERA �s �e RUSSELL S AHM J City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. RMN Strat Plan - Report of Sale- 148 Loepere (Fill) PASSED June 22, 2010 Gerald A Chwalinski City Clerk 0 0 S #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 15, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 148 Loepere, 315.11' S Sycamore Lot Size: 30'x 108' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed M. Islam, 135 Loepere Street, Buffalo, New York 14212 to purchase 148 Loepere Street. Mr. Islam owns a two family house at 150 Loepere, which is adjacent to 148 Loepere. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Two Cents ($.42) to Fifty Cents ($.50), per square foot. Mr. Islam has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty One Cents ($.41) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 148 Loepere to Mr. Mohammed Islam in the amount of One Thousand Three Hundred Dollars ($1,300.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsele14ftepere /re JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE F STRATEGIC NNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated. June 15, 2010, be received and filed; and That the offer from Mr. Mohammed M. Islam, residing at 135 Loepere Street, in the sum of One Thousand and Three Hundred. Dollars ($1,300.04) for the purchase of 148 Loepere, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terrns of sale upon which the offer was submitted, Passed. E TAB: rmv tAwp6MmswordVmv\8c6 -22a. doe t * .AYE * NO * FONTANA F _ CZY GOLOM K . YNES _ KEARNS LOCt�T0 r RUSSELL S maj - 5 2/3- 6 * '� 3/4- 7 * �` City Clerk's Department BUFFALO June 25, 2010 NON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 9 Strat Plan -Report of Sale -1.14 Shuway (Fill) PASSED ,Tune 22, 2010 Gerald A Chwalinski City Clerk .. Eli MU 00001 1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 15, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 114 Shumway, 450'S Peckham Lot Size: 30' x 105' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Aaron Bailey, Jr., 118 Shumway Street, Buffalo, New York 14201 to purchase 114 Shumway Street. Mr. Bailey owns and resides at 118 Shumway, which is adjacent to 114 Shumway. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Two Cents ($.52), per square foot. Mr. Bailey has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty One Cents ($.41) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees, am recommending that Your Honorable Body approve the sale of 114 Shumway to Mr. Aaron Bailey in the amount of One Thousand Three Hundred Dollars ($1,300.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH :ck Repsa fe114sh umwaylra JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING � t � Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 15, 2410, be received and filed; and That the offer from Mr. Aaron Bailey, Jr. residing at 118 Shumway Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 114 Shumway, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 9 TA:y IAwp60 or v\9c6- 22a.doc AYE NO M'ON'TANA FRANCZYK GOLOMBEK x HAYNES KEARNS LOCURTO RIVERA RUSSELL 2/3- 6 3/4- 7 City Clerk's Department B UFFALO June 25, 2010 • '• I 'M �VTI* , ► • ,. 0 1i1 1VIAMy1 � Pursuant to the provisions of Section 3 -19 of the Charter, t present herewith the attached resolution item. Igo. 10 Strat Plan -Report of Sale -27 South (Fill) PASSED June 22, 2010 Gerald A Chwalinski City Clerk 000 - . A #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 15, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 27 South, E Corner of Kentucky Lot Size: 25'x 116' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dominic Trigilio and Mrs. Diane Trigilio, 9312 Sitka Spruce Court, Clarence Center, New York 14032 to purchase 27 South Street. Mr. and Mrs. Trigilio own a one family house at 35 Kentucky, which is adjacent to 27 South. They intend to erect a handicap ramp on the vacant lot with additional green space for their tenant. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Five Cents ($.65) to Ninety Cents ($.90), per square foot. Mr. and Mrs. Trigilio have agreed and are prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Eight Cents ($.58) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 27 South tc Mr. and Mrs. Trigilio in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH :ck Repsale27southlre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING - 3 f - Q Mr. Fontana moved: That the above contrrmunication from the Office of Strategic Planning dated June 15, 2010, be received and filed; and That the offer from Mr. Dominic Trigilio and Mrs. Diane Trigilio, 9312 Sitka Spruce Court, Clarence Center, in the sutra of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 27 South, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was subrrtrtted. Passed. 10 TAB:rmv t: W00Vnswor&mvlt0c622a.doc "/j AYE NO FONTA NA, FRANCZYK GOLOMBEK ' HAYNE KEARNS L® TO RIVERA RUSSELL SAUTH W- 6 ` 3/4- 7 �` City Clerk's Department BUFFALO June 25, 2010 I M1 M e o .. w No DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 11 PASSED June 22, 2010 Strat Plan -Report of Sale -126 Vandalia (Fill) Gerald A Chwalinski City Clerk 816 a 9- TIC uK 002 1 ##1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: ,tune 15, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 126 Vandalia, 99.33'N O'Connell Lot Size: 26' x 102' Assessed Valuation $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Paul C. Budzyn, 132 O'Connell Street, Buffalo, New York 14204 to purchase 126 Vandalia Street. Mr. Budzyn own and resides at 132 O'Connell, which is adjacent to 126 Vandalia. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Eight Cents ($.53) to Ninety Cents ($.90), per square foot. Mr. Budzyn has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 126 Vandalia to Mr. Paul Budzyn in the amount of One Thousand Six Hundred Dollars ($9,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsale126vandaiialre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OF OF STRAT PLANNING / f Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 15, 2010, be received and filed; and That the offer from Mr. Paul C. Budzyn, residing at 132 O'Connell Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 126 Vandaia, be and hereby is accepted; and That the transfer tax, recording fees and cast of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 11 TnBmv tAwp6Mmmord\nnv\I c6- 22a.doc A YE NO FONTANA. a� FRANCZYK GOLD Elf HAYNE KEARN L®CUR` O RIVERA RUSSELL s mxm Mai ®5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 I I I - mm", mxe� Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 12 PASSED June 22, 2010 Strat Plan -St. John Baptist Church -Req to Use Vacant Lot - --1412 Jefferson (Masten) Gerald A Chwalinski City Clerk 0001 4 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 7, 2010 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT; St. John Baptist Church Request to Use City -Owned Vacant Lot Located at 1412 Jefferson, South Corner Woodlawn Lot Size: 96 x 100 Masten District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from St. John Baptist Church to use 1412 Jefferson for their annual tent revival. St John Baptist Church intends to have a tent revival from July 13th, 2010 through July 15 2010. They will also need to use the City owned property on July 12 and July 16 n for set up and clean-up. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. They have also agreed to apply for a Special Use Permit and/or any other permits that are deemed necessary. The Land Use Planning Committee was contacted and they have no objections. am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. TYPE DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TYPE TITLE: DIRECTOR OF REAL ESTATE M - OFFICE OF STRATEGIC PLANNING f SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:plg C:mydodease;CUSEAGREEMENTi �y Mr. Fontana .moved: That the above communication from the Office of Strategic Planning dated June 7, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to St. John Baptist Church to use 1412 Jefferson Avenue from July 12-16, 2010, upon the above terms and conditions. That the Office of Strategic Planning prepare and execute the necessary use agreement. Passed. 12 TAB:rniv tAw00kwskordVmv112c6 -2U4oc AYE ICU � FONT ANA FRAN CZYK GOLOMBEK HAYNE KEARNS LOCUR T® RIVERA RUSSELL SWIM Mai ®5 2/3- 6 3/4- 7 �` City Clerk's Department BUFFALO June 25, 2010 HON. BROON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED June 22, 2010 Request Approval of Certificate of Current Base Proportions 2010 Roll Gerald A Chwalinski City Clerk 4:. y - 0C FROM THE COMPTROLLER June 22, 2010 0Q�. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 8, 2010 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: (:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxtxx/xx) iI Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $550,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3189 - Safe Routes to School GRANT TITLE: Safe Routes to School Project GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $550,000.00 LOAN AMOUNT: Maximum of $550,000.00 Estimated Date of Repayment: ,June 30, 2011 Signature of De nt Reque ' Interfund Cash Loan s3 �i tep ommission of Public Works, Parks & Streets 1- 4 A .� Janet P , Co4nikp17 o�f� i Finance, Palicy &Urban Affairs { SIGNATURE DEPARTMENT HE W1 A. SanFilippo C ITY OF BUFFALO DE PARTMENT OF PUBLIC WORKS, PARIS & STR EETS BYRON W. BROWN MAYOR INTERFUND LOAN REQUEST TO: Andy Sanfilippo, Comptroller FROM: Steven J. Stepniak Commissioner DATE: June 3, 2010 SUBJECT: Inter -fund Loan Request PETER J. NMRLO, P.E. CITY ENGINEER Federal -Aid Project Safe Routes to School Project Safety Improvements for Buffalo School Children PIN #575895 On .Tune 30, 2010 our Department wi11 received formal bids for PIN #5758.95 -- Safe Routes to School – Safety Improvements for Buffalo School Children. Attached is a copy of Common Council #31 of May 26, 2009 which approved this project. In order to proceed with the construction portion of this 100% Federally reimbursed project, we request an inter - fund loan in the amount of $550,000.00. Below is a cash flow summary for this funding: Aug. 2010 $ 40,000 Sept. 2010 $ 60,000 Oct. 2010 $ 100,000 Nov. 2010 $ 100,000 Dec. 2010 $ 10,000 Jan. 2011 $ 10,000 Feb. 2011 $ 10,000 Mar. 2011 $ 10,000 Apr. 2011 $ 100,000 May 2011 $ 100,000 June 2011 $ 10,000 Total Cash Flow $ 550,000 1�re onj. S t SJS /JDB:dab Attachment Cc: Peter J. Merlo, P.E., City Engineer Darby Fishkin, Deputy Comptroller Janet Penska, Comm.. OfAdmin. & Fin. Donna Estrich, Budget Director aw- cm T Bill Heinold, Accountant for DPWP &S Joe Poltorak, Design & Planning Eric Schmarder, Traffic Engineering 65 NIAGARA SQUARE / 502 CITY HALL / BUFFALO, ICY 14202 -3373 / (716) 851 -5636 / FAX (716) 851 -4201 / Email: sstepniak@city-buffalo.com 000. TO: THE COMMON COUNCIL DATE: June 17, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Policy for Selling City -Owned Assets Item No. 158, C.C.P,, 61$110 The Common Council has requested a response from the Department of Audit and Control regarding the development of a policy for selling City -owned assets that have become surplus, obsolete, or worn out. The Comptroller's Office has no objection to developing such a policy as prescribed in the Council Communication, with the provisions that the policy requires the following stipulations: that copies of such sales transactions are filed with the Accounting Division to insure proper accounting treatment of disposed assets, and any information stored on electronic assets such as computers, cell phones, or other data storage devices be thoroughly erased before transferring ownership from the City. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: C troller SIGNATURE: REFERRED TO "F COMMITTEE ON I N. Y 1\ #3 (Rev 1-02) 000;" In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointnrent (s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of June 7, 2010 Audit and Control Audit to the Position of Senior Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP kEnter Starting Salary) : Starting Salary of $44,634 LAST JOB TITLE Senior Auditor, 'Temporary NAME LAST DEPARTMENT Audit and Control DATE 7 {27109 ADDRESS LAST SALARY 44,634 CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -4164 LAST JOB - TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE Ronald L. Wachowai 134 Weimar Street Buffalo, NY 14206 BUDGET ORG. CODE 10442001 TITLE CODE NO 0530 BUDGET ACCT_ OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 5073 SALARY RANGE OF POSITION 43,465 a 46,930 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Individual was at 0 step in Senior Auditor Temporary position NAME OF APPOINTING AUTHORITY: Andrew A. SanFilippo TITLE OF APPOINTING. AUTHORITY: C linptroller DATE: SIGNATURE OF APPOINTING AUTHORITY' t3IItIflhL_G6FIa tQ,ii`CLRI i NIBE OR PPOINTMENTDATE) OTHER COPIES TO: #5- COMPTR6LLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) C f Z� / FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION June 22, 2010 0 0 011 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: June 14, 2010 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: [: Assessment Reform in [: City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: Item # 153, June 8, 2010 Ex. (Item No. xxx. C.C.P. xxlxxlxx) TEXT: (TYPE SINGLE SPACE BELOW) It has been, is now and always will be the intent and main focus of The Department of Assessment and Taxation to put forth an assessment roll that is both fair and equitable to all property owners in The City of Buffalo, ensuring that property owners pay only their fair share of the tax burden. We remain open to all suggestions for a more effective means to continue to maintain a fair and equitable assessment roll. We are willing to implement any procedural changes on behalf of the real property owners of City of Buffalo to help in our quest to accomplish our annual mandated goal of providing a fair and equitable assessment roll for all property owners, We welcome and look forward to a hearing that will include local and regional experts on assessment practices in an open and frank discussion of "_ addressing real assessment reform..." in the City of Buffalo. Together with appropriate staff representatives from the Department of Assessment and Taxation, I will be pleased to attend and look forward to this discussion. In regard to local and regional experts the appropriate Common Council Committee may wish to invite, I respectfully submit the following correction for "... New York's Bureau of Assessment..." as cited in Mr. LoCurto's June 11, 2010 Resolution. The correct organizational title is: New York State Office of Real Property Services (ORPS1. NYS Office of Real Property Services (ORPS) Genesee County Building 2 3837 West Main Road Batavia, NY 14020 (585) 343 -4363 Fax: (585) 343 -9740 E -mail address: Internet.Western o)orQs.state.nv.us Joseph Muscarella, Director —Western Region Patricia Valvo, Western Regional Manager Upon request of the committee, we will be pleased to suggest additional attendees with expertise in the field of mass appraisal and assessments. RE FER RED T THE COM ON FINA TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner of Assessment and Taxation SIGNATURE OF DEPARTMENT HEAD: �``¢ 1 �� /M , , Chief Of Staff d i lames S. Pajak Senior Legislative Assistant IV Kevin M. Larder Senior Legisirifive Assistants Mark J. Jaskula Willianf B. Licata Julia A, Paul Melissa surehez Richard Wall Legislative Aide James N. Jackson JUN 1 $ 2 June 9, 2010 Commissioner Martin P. Kennedy Assessment & Taxation 101 City Hall Buffalo, NY 14202 Dear Mr. Kennedy: At the Common Council Meeting held can Tuesday, June 8, 2010, the following item was ADOPTED by the full Council: (Item # No 183 June 8) 'Assessment Reform in City of Buffalo" Please review the enclosed item and address and file your comments and/or recommendations with the Common Council, 1308 City Hall, by 2:00 PM Thursday, June 17, 2010. If you have any questions or need further information, please contact me at 8514616. Your assistance is greatly appreciated. Sincerely, Julia A. Paul Sr. Legislative Assistant 65 Niagara Square - Room 1413 Buffalo, New York 14262 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 All JUN 1 120M Sponsor: Mr. LoCurto Resolution 1 12010 RE. Assessment Reform in City of Buffalo Whereas: The City of Buffalo's assessment policies should be fair to all home and business owners; and Whereas: In 2008 and 2009, roughly two thirds of all property owners who challenged their assessments were given some relief; and Whereas: Thousands of property €Owners have seen their properties reassessed four times since 2002, while twenty -seven neighborhoods in the City saw revaluations only once in eight years; and Whereas: Residents and business owners do not mind paying their fair share of taxes, as long as the process is not arbitrary or unfair; and Whereas: Both the Common Council of the City of Buffalo and the Office of the Mayor have expressed desire for assessment reform; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo invite local and regional experts to an open discussion before an appropriate Committee of the Common Council for purposes of addressing real assessment reform in the City; and Now, Therefore, Be It Further Resolved: That the invitees include Commissioner Kennedy and any other appropriate representatives from the Department of Assessment and Taxation, property tax experts from the legal community, and representatives from the City of Rochester, New 'York's Bureau of Assessment; and Now, Therefore, Be it Finally Resolved: That a copy of this communication be referred to the respective persons and entities referenced herein and that this item be referred to the appropriate Common Council Committee for resolution. e Michael J. oCurto 0001-7 f Irk SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL: DATE: June 14, 2010 DEPARTMENT: Assessment & Taxation SUBJECT:: Request Approval of Certificate of [: Current Base Proportions [: 2010 Roll PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No.. xxx, C. C. P. xx/xx/xx� Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Commissioner, his ...... ..... As s essment Ta�ati . o . r� 0 0 W S N n � O "tl • d • . O . e O . . . . . . . . . . 0 . . . . In Q . } • . . . . p s O n , . ($ I O . . O s . O . . . . s * n r s s . . . ro d a t . N m N N w fl1 3 M 0 co 0 — 0 3 N Q ro ce I 3 m 3 3 i * (D n n (D a n J n D t i ? ai t � o I v ! to ill dl (WU i CD N .-L 7 W E W A O' i 0 i N tG co 0) 0 � O A W V N 0 (0 N 0 -1 (p 3 00 a t rn a o r G O A o -_- i I i t1Tm ;f A7 t�1F O y fE pt gj ffl 0 ZZ n z rm - N ua a w ar �O I e�i v i o; d U-0 N N co co Q i Z i 4 1 c� e� m n I ='� A 'n. cSf th �7 m I * z m A _0 zm D O Q Q ° W m y ' t m m • t M. T Z I O W] A - n �n Z t cz > g . !Tim 1 t W N 61 m no c V N ;u i q Dp t r� [D 4 W pN © M N y ^I j � e ^I C -< t �• w w rr m i m i :t - Z <D # F u a N oD ro cam°D n ° j rn j A m o n( rn m s N w o m n , In D 11t ml •mmz n1 l T C p "tl d f0, ^+ a fn p y fD 0 N v o O ° C W rn a m G3 Z i -1 V Li0 < a Z i W -+o m nv `.. i € w m S m ro `. I , mm M T vm j = o o p o p i9 m W a p a N O) qN] W i --1 cam A a} V fK0 Z v N M N C7 I tai l E ' I a j z t fps a � 1 # £11 I ca i _ -u 0 pQ A ffJJ� T CJ J N 'O a O A to 3 w 9 v O W N tD 3 a N CS 1 s * O co O I O W Ol 9 N O A W f0 " 1 i t O ' O t O . Cl W V O A d) N W m O R O O 10 I p V N IQ N V (0 U1 � Vl W J O CS O O O A 0 c0 ( A � �! i' s � . . . . . . . . . . . . s s . . . . . . . . . . . . . . . . 0 n or � W . . . . . . . . . . . . . . . . t (D * t N cL a 0 n a t 3 v o 0 n CL a m { t N i 0 V f0 m S n n n p D ID T t C, Z t CL • t � _ C? 61 A C7 Mr. Fontana moved: That the above communication from the Commissioner of Assessment and Taxation dated June 14, 2014, be received and filed; and That the Common Council approve the attached Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the steal Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 122102714 and to forward a copy to the Department of Assessment and Taxation. Passed 17 TAB:mv TAwp6 Mnmvordtt mA I7c6 -22 a. doe AYE NO FO ANA FRAN GOLOMB . HAYNES a KEARNS LOCURTO RIVERA RUSSELL SNUTH aj - 5 2/3- 5 3/4- 7 " '� City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED June 22, 2010 Request Approval of Certificate of Adjusted Base Proportions 2010 Roll Gerald A Chwalinski City Clerk t JUL - 6 2010 --A k i'd 9- - Inr din 000.15 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: FROM: DEPARTMENT: SUBJECT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, G.C.P. xxlxx/xx) June 14, 2010 Assessment & Taxation [: Request Approval of Certificate of [: Adjusted Base Proportions [: 2010 Roll Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign; date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. SIGNATURE DEPARTMENT HEAD TITLE: Commissioner, Assessment & Taxati6ft 4 i s o � c� N � o v tan c r o Q a - p _¢i A y �} 3'j m 8 I � V � 1 o A u z a r�z tY ao 0 — 0 a ra � Y rn D r ok r m z J m .8 1 � A� O �O gg j 4 ur � m N ! � i ! Q . . . . . . . . . . • . . . . . . a . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . a a . . . a . . . . . • . . . . a > [y � *AYE* FONTANA * x sk FRANCZYK GOLOlYl3SEK HAYNE ok LO TO RIVERA sk �t tit $s RUSSELL �r Smrm sY ds s� Maj « 5 ak s4 sit 2 1 3 - r 6 3/4— t q 4e ie [y � City Clerk's Department BUFFALO June 25, 2010 " M i W 0 . Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No, 19 PASSED June 22, 2010 Ferry St. Lift Bridge e Emergency Repair Project Gerald A Chwalinski City Clerk I J FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS June 22, 2010 U �.I #2, (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.G.P. xx/xx/xx) [: Item 920, C.C.P. 02 /02 /10 I have received bids on June 7, 2030 for the Ferry Street Lilt .Bridge Emergency Bridge Repair Contract. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Total Bid Rohl Industrial Services, Inc. $229,596.57 (Low) 770 Riverview Blvd, Tonawanda, New York 14150 STC Construction, Inc. $235,700.00 PO Box 459 Springville, New York 14141 BVR Construction Company, Inc. $263,175.00 244 Lake Avenue Rochester, New York 14608 I hereby certify that the lowest responsible bidder for the above project is Hohl Industrial Services, Inc. and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to Bond Fund 32310106- 445100 in an amount not to exceed $229,596.57, plus a 10% unit price increase for an additional amount of $22,960.00 for a total award of $252,556.57. The Engineer's Estimate for this work is $240,435.00. The above is certified to be a true and accurate statement of the bids received. PJM:SJS:DAB:DJP CC: Charles A. Masi TYPE DEPARTMENT HEAD NAME TYPE TITLE: DATE: June 14, 2010 Public Works, Parks and Streets Engineering SUBJECT: [: Ferry Street Lift Bridge [: Emergency Repair Contract Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated .Tune 14, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Ferry Street Lift Bridge, to Hohl Industrial Services, Inc., the lowest responsible bidder, in an amount not to exceed $229,596.57 plus a 10% unit price increase for an additional amount of $22,960.00 for a total award of $252,556.57. Funds for the project are available in Bond Fund 32310106-445100, Passed. TAB:rmv tAWP60ND1,swor&mv11 k6- 22a.dw AYE NO FONT ANA TIRANCZYK GOLOMBE HAYNE ]KEARNS LOC.TO RIVERA RUSSELL S Maj - S ` 213- 6 3/4- 7 �` ' City Clerk's Department BUFFALO June 25, 2010 OR e 9 2 0 ,1 061 • Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. zmwx PASSED June 22, 2010 Perm to Increase Contract — Wendel Duchacherer (Masten) Gerald A Chwalinski City Clerk kid 9-- V iii' ? i #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 0 0 0 DATE: June 15, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Lowering City Energy Costs by [: Switching Over to Compact [: Fluorescent Lighting PRIOR COUNCIL REFERENCE: (If Any) [: Finance Item No. 21, Res 93, CCP 01119/10 EX. (ITEM NO. CCP ) TEXT. This item is in response to Councilmember LoCurto's Resolution No. 93, January 19, 2010 "Lowering City Energy Costs by Switching Over to Compact Fluorescent Lighting." The Department of Public Works has been actively involved in using energy conservation measures since 1995, including compact fluorescent lighting. We have retrofitted over 20,000 fixtures in 65 buildings, and reduced demand for the City of Buffalo by a total of 1340.4 KW and saved a total of 4,228,520 KWH. As a result, the cost avoidance to the City of Buffalo is $7,456,881.00. E EC H "CoWTTEIE Q INAWCEA SJSIPJM /DDCldlg Department Head Name: Steven J. Stepniak Title: Commissioner 04 Works, Parks & Streets Signature of Department Head: 73 000.. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: .Tune 16, 2010 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Continuing Groundwater Monitoring & Wetlands [: Mitigation [: North PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Malcolm Pirnie as consultant to provide engineering services for post closure monitoring including required routine groundwater sampling and analysis, required reporting to the NYSDEC & USACE including the coordination of all required meetings, and the required wetlands mitigation and re- location, enhancement, and monitoring. They have been the Consultant for the landfill closure from the beginning and have been intimately involved in all aspects and have been the point of contact for the City with respect to NYSDEC and Army Corp of Engineers. The original project included study, detailed design, and construction management for the purpose of implementing the closure including all required remediation and mitigation of the northern area landfill located on Squaw Island. As part of the closure and permit for this location, groundwater monitoring and wetland mitigation is required. The costs for consulting services are estimated not to exceed $150,000.00. The funds are available in Capital account(s) 31310906 445100, an account to be named at a later date. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. , City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: qQM A� �R 000I2 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 6, 2010 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: ENGINEERING SUBJECT: [: Permission to Increase Contract [: Wendel Duchscherer [: Contract #93000369 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: (Item No. 60, C.C.P. 3/17/09) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change for this contract. Wendel Duchscherer is the engineering consultant for the Reconstruction of the MLK Park Humbolt Basin ® Splash Pad Project for the City of Buffalo. This increase is necessary for additional services in order to provide uninterrupted services through completion of construction. This includes design, bid, construction phase services for the for the Reconstruction of the MLK Park Humbolt Basin - Splash. Pad Project. DPW has moved forward with the approved project to undertake the analysis, design and construction of enhanced water features as part of the Phase 2 Improvements to the Humboldt Basin in Martin Luther Icing Jr. Park. Wendel Duchscherer Architects & Engineers was commissioned as lead consultant to facilitate the successful completion of this important community and city- wide project. The Following narrative chronicles the project strategy: 1. In Wendel's Phase 1 base contract, Wendel has completed a Technical Memorandum necessary to define the exact project scope, issues, concerns, potential solutions and related costs. Most notable was defining the circulation system to be used for the Basin (re-circulation vs. once through system), which had major implications for all other decisions to follow. The approved Technical Memorandum No. 1 resulted in a defined project, with a defined scope and budget, providing the consultant team the necessary information to move forward. 2. Wendel has completed the demolition bid package to hire a contractor for demolition of the Basin floor with the goal being to take advantage of the favorable bidding climate. Wendel will provide full time inspection services for the Basin demolition work as well as construction administration. 3. Wendel has completed design development plans (60% drawings) to keep the project moving and on schedule Change Order No.1: This change order, Wendel will perform the necessary services to project completion including: preparation of 100% plans and specifications, bidding, construction completion, construction inspection and project close out services. 2 ) I I respectfully certify that this increase is fans and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $214,674.00. The funds are available in Capital Projects account 324000406 445100. Original Contract Amount Phase 1: $ 235,000.00 Previous Change Order: $ 000.00 This Change Order Phase 2: $ 214,674.00 Total: $ 449,674.00 PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commi inner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: - 7/� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated .tune 6, 2010, 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 Wendel Duchscherer, Contract #93000369 for the Reconstruction of the MLK Park Humboldt Basin — Splash Pad Project, an increase in the amount of $214,674.00, as more fully described in the above communication. Funds for this project are available in Capital Projects account 324000406 445100. Passed - IAY© _.. - 21 TAB t :Iwp601mswor&:rrav121c6- 22a.doc F AYE NO 4: FONTANA FRAN �[ gg GOLW EK 9E HAYNE KEARNS _ .k L T IUVERA 7� tC RUSSE PP S MITH 91t '�7i' ig Maj ® 5 !� Q 2 /3 - ® 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2410 0 w i " ITI •' l " ��* .i = arm ..�IIa1 111 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. N©. 24 PASSED .tune 22, 2010 Report of Bids — Historical Society --- -Air Conditioning (North) Gerald A Chwalinski City Clerk I 0-4 "KI I / y 11L 111:111 1: 4141--- ":j". L: o CITY OF BUFFALO Departihent of Public Works, Parks & Streets Request for Proposals Design & Construction Administration Services for SouTH BUFFALO LEGACY COMPLEX ER offloo of Planning & Design 616 City Hall, Buffalo, NY 14202 (716) 851-5850 1. 11� - lLL: N A 1-1 1.11 �I 12 May 2010 RE: Request for Proposals Design & Construction Administration Services for South Buffalo Legacy Park & Center; Phase 1 Gentlemen; The Common Council of the City of Buffalo has established a comprehensive plan to develop a vacant parcel of land into a: combination Park, Athletic Field and Sports Center in South Buffalo. As part of that plan, the Department of Public Works, Parks & Streets is requesting proposals for Professional Services to prepare bidding documents and provide construction oversight for the phase 1 portion of the work. Sealed proposals will be received until 3:00 PM, local time, on June 3, 2410 in the Office of the Commissioner, Room 502, City Hall, 65 Niagara Sq. Buffalo, Now Fork 14202 -3305. Proposals received after this time will not be accepted. A Pre - submittal Meeting will be held on May 20, 2010 at 10 AM, local time, at the Buffalo City Ball, Room 616 located at 65 Niagara Sq. At this time the requirements of the Request for Proposals will be reviewed and any questions regarding the proposals and work to be done will be answered. A site visit may follow or be scheduled after the meeting. SCOPE OF WORK In general, the selected Consultant shall provide professional environmental, architectural and engineering analysis and design. Consulting services shall be phased as described below. Professional services are expected to be sequential; therefore, work on each phase shall not start until the City provides the Consultant written direction to do so. The selected consultant shall provide all design, bidding assistance and construction management for the initial, Phase 1, of the Buffalo Legacy Complex. Backarouad: The City currently holds the ownership of a parcel of land bounded by Marilla St,, rear of the property line of the structures on Zollars St., RR Right-of-Way and a salvage yard. The site is to be developed into a recreational area. The Phase 1 portion of the project calls for: • Site investigation and update of existing Phase 1 Environmental investigation; if required perform Phase 11 investigations as needed. • Site design, including but not limited to clearing and landscaping. Space is to be designed so that fellow on phases can be completed without disruption of already completed work; this would consist of a sports/community building and additional parldngllandscaping. • Installation, of site utilities; including but not limited to water (including site sprinkler system), sewer, gas, communications and electric utilities • Design and construction of the Phase 1 Field House(s) providing: Locker rooms, rest rooms, storage and food preparation/sales, as well as mechanical spaces for electrical load centers and sprit der controls, etc. g Road DesignlConstruction Field and site lighting The Consultant shall be responsible to inspect the site with respect to space limitations, utilities available including but not limited to . power, water service and sewer. Consult with the City Engineer or his designee as to usage and desirable features. The Consultant shall then prepare all plans and specifications as needed including, if required, separate bid packages to comply with the NXS Wick's Law for the construction of the Phase I facilities; including but not limited to original documents, pre -bid meetings and preparation of addendurns as required. The Consultant shall assist the City of Buffalo DPW/P &S with bid evaluation. Additionally shall act as the Construction Manager for the project. At the conclusion of the warranty period the Consultant shall provide services for warranty close out. Prospective Firms should read the details of the various phase requirements here in attached below. R E D C), "H FE C e RION I T T :.. � - ',� � •, ... _ '. � � _ _ fit. _. _. 1,1. Perform a full condition assessment survey of the site, including update of the existing Phase T and limited Phase 2 environmental survey, attached as Appendix A. if during the review /update it becomes necessary to do additional phase 11 work prepare a planlrequiremenfs for bidding. 1.2. identify all deficient conditions 1-3. .prepare a draft report of the findings from the condition assessment survey. Include a cast estimate of the work identified 1.4. Submit the draft report, survey and drawings of the existing site to the City for review. I.S. Meet with the City to review their comments and prepare the final construction scope of work, 1.6. Prepare a final report incorporating the City's comments. This skull include an updated cost estimate. ` A I PRE EVIINARY DESIGN 2,1. The Consultant shall attend a minimum of two (2) meetings at City Hall or other location to be designated within the City of Buffalo, NY to present and discuss the preliminary designs with the Department of Public Works, Parks & Streets and other interested parties as invited by the Commissioner of Public Works. Comments from all attendee's shall be incorporated into the final design. 2.2. Prepare a Memorandum of Understanding to confirm the program requirements. 2.3. Prepare designs, sketches, memoranda, and such other media as necessary to represent the design concepts to the DPW and other stake folders. Based on the approved program, create up to three (3) schematic designs to incorporate the program. 2.4. Prepare a preliminary itemized cost estimate, of the proposed work at the beginning of the Schematic/Design Facility Phase for DPW evaluation. 2.5. Prepare a detailed itemized cost estimate for DPW review at the completion of the Schematic/Design Facility Phase. 2.6. Attend all required design meetings with the DPW, record accurate minutes and distribute same to all parties within five [5] days after the meeting date. 2.7. Submit samples, manufacturer data sheets, etc., of all proposed materials for DPW review, evaluation and comment. 2.8. Provide a minimum of six [6] sets of any progress sketches, drawings or details as required for DPW review. 2.9. Prepare sic [6] complete sets of all final Schematic/Dmign Facility Phase drawings, outline specifications and/or reports for DPW review and approval. 2.10. Review related documents Gob number and description), if needed to eliminate duplication of work, 3.1. Design coordination meetings with the owner as necessary, record accurate minutes and distribute same to all parties within five [5] days after the meeting date. 3.2. Site visits as required to review and verify fteld conditions. 3.3. Based on the City approved Condition Survey and Preliminary Design, the Consultant shall prepare the Design Development documents. These shall consist of drawings and other documents that establish and describe the size and character of the nroiect as to site /civil work, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Where required types and amounts of Hazardous Materials to be removed or otherwise addressed. 3.4. Obtaining all necessary approvals including, but not limited to: Zoning Board, Planning and Permit Office. 15. Construction documents shall be submitted for review and approval at 50% and 90% of completion. 3.6. Preparation of cost estimates at the 50%,90% and 100% of contract document completion. 3.7. Construction documents shall be formatted as multiple trade contracts, where required by law. 3.8. All documents shall be prepared in the CSI Divisional Format, (M.) the City will provide the boiler plate and Division 1 documents. 3.4. . Printing of up to thirty (30) sets of the final approved construction documents for bidding and construction. — 3.10. Provide an estimated length of construction to assist the City in scheduling activities. 111. As required by Chapter 17 of the New York State Building Code, the Consultant shall prepare the Statement of Special Inspections and shall modify it as necessary to obtain the Code Enforcement Officer's approval. 3.12. All documents issued for bidding and construction purposes shall bear the seal and signature of the professionally licensed architect/engineer responsible for the project. TASK 4. BEDDING 4.1. Distribute drawings to prospective bidders. Keep an updated list of all plan holders including contact person, address, and phone and fax numbers. 4,2. Run a pre -bid meeting to describe the project and receive contractor input. Write meeting minutes and distribute as part of an addendum. 4.3. Prepare, and distribute to all plan holders, addenda to answer contractor questions and, as necessary, to clarify the contract documents. 4.4. Attend the bid opening and provide blank bid tabulation forms. 4.5. Review the bids, check for discrepancies and verify relevant contractor experience. Document your findings and recommend which bidders is, in your firm's opinion, the lowest responsible bidder. 4.6. Make changes or revisions to the contract documents as may be required as a result of bidding cost overrun in excess of five percent [5°lol of budget or consultant's estimate and supply additional copies, at ACE's expense, of revised documents and drawings as. necessary for re- bidding; all amendments must be incorporated into their proper location within either the plans and/or specifications. TA K 5. CONSTRUCTION ADAMMTRATION AND 1VIQl!MRING 5.1. Provide general administration of construction contracts by periodic visits to the Project Site and inspections by the Consultant and members of his/her star All persons engaged or employed on inspection shall be subject to the approval of the Commissioner of Public Works, Parks & Streets of Public Works, Parrs & Streets. The inspection shall be such as to give proper direction on behalf of the City to the contractors and to observe compliance with all contract requirements. This shall include inspection of the execution of the work and the materials and equipment installed by the contractors to the end that the project will be completed strictly in accordance with the plans and specifications. The Consultant will not be responsible for the construction methods, techniques, or procedures, or any safety procedures incidental thereto. 52. Provide all testing, inspection, reporting and certifications required by the approved Statement of Special Inspeotions (Special Inspections Program) and by Chapter 17 of the New York State Building Code. The cost for special inspection shall be negotiated when the scope has boon determined, The price quoted for this phase in your firm's proposal shall not include the cost of special inspection. 5.3, Interpret the plans - and specifications and contract documents, aAd decide all other questions in connection with the preparation for the commencement of the work. 5.4. Review and approve the contractors' schedule of shop drawings required to be submitted. 5.5. Review and approve the progress schedules prepared by the contractors for the project; the schedules shall show coordination of the work of the various contractors and sub-contractors. 5.6. Check all shop and other working drawings of reinforcements, structural steel and other items intended to become a part of the project; examine the drawings submitted by all contractors; check construction drawings with shop drawings, interpret the plans and specifications and determine any conflicts therein; famish additional instructions and, when necessary, clarification drawings to carry out the work; issue such clarifying details as may be required to achieve conformance with the contract drawings and specifications; prepare, analyze and recommend to the Commissioner of Public Works, Parks & Streets EH P, change orders and all modifications of the plans and specifications as may be necessary as the work progresses, and check the fairness of additional costs or credits to be charged or allowed in connection with such changes. 5.7. Members of the Consultant's staff shall snake periodic visits at least once a week to each of the project sites and/or as needed -as determined by the City and submit an inspection report to the DPW within five [5] calendar days of each visit, also notifying the DPW and contractor, in writing, of apparent problems and inconsistencies, and mako written recommendation immediately to the DPW of such corrective actions as may be required. A/E project visitation team must include a registered architect and/or licensed engineer involved in the project design if applicable, during any abatement work for lead and/or asbestos and/or other Hazardous Materials, the project designer shall be, part of the team during abatement activities. 5.8. The consultant shall be available on an as- needed basis should problems and/or questions arise during the construction contract, and shall render all opinions and recommendations in a timely manner so as not to irnpedc, hinder or otherwise delay the work of the contractor. 5.9. Determine the amount, quality, acceptability and fitness of all parts of the work, and check and recommend for approval all partial estimates for payment by the contractors. 5.10. Keep complete project records of progress, shop drawings, payments, contractors' invoices, tests, and other pertinent information. 5.11. Conduct the preconstruction meeting(s) with the successful bidder(s), record accurate minutes and distribute same to all parties within five [5] days after the meeting date. 5.11 Assist in the coordination of the work of the contractors and ran periodic job meetings at least every two (2) weeks with the contractors' and City representatives to expedite and coordinate the work and minimize possible interferences and delays. Prepare meeting minutes and distribute to the City, contractor and other interested parties within five [5] days after the meeting date. The Commissioner of Public Works, Parks & Streets shall designate a representative to attend job meetings. 5.13. Where either required by law or by contract documents verify that required licenses and/or certifications of various workmen are correct and current. Examples, but not limited to,: Welder's Certifications, Asbestos Handlers Certifications; Medical Clearance for respirators. 5.14. Confer as necessary with City officials and representatives of public and private organizations where their interests are affected by the project. 5.15. Maintain a record set of project drawings and plans which will show any changes in the work incorporated during construction and revise the tracings to form a final permanent record of the work; furnish a complete set of "record" tracings to the Commissioner of Public Works, Parks & Streets showing in detail for maintenance and record purpose the work as completed. 5.16. Obtain from the contractors all operating and maintenance data, instructions, diagrams, replacement parts lists, guarantees and manufacturers' service director, and furnish a bound volume of the same, arranged for easy reference, to the Department of Public Works for a permanent record. 5.17. Make a final and thorough inspection of the completed work to assure that it is in first -class condition and certify to the City the completion thereof in accordance with the drawings, plans and specifications to the best of the Consultant's ability, and thereupon approve the contractors' estimates and claims for final payment. 5.18. Provide the DPW with one [1] set of reproducible copies of all plans (copymax or photo mylar only) with as -built revisions, specifications, designs and all other documentation developed in conjunction with this project; also update Drawing Exchange Format (.DXF) and Autocad (.DWG) Format. All specifications, DXF and .DWG files are to be transferred to CD -ROM and delivered to the DPW. This shall be done prior to submission of the tinai payment request by the Ath. Provide signed acknowledgment by licensed professional on all as -built documents attesting to the same. 5.19. Conduct an inspection sixty [60) days prior to the close out of all construction warranty periods and advise the DPW on the status of all constructed items. 5.20. The consultant shall remain the Owner's representative to the contractors for the one [1] year Guarantee Phase for correction of construction deficits, 5.21. ' if required, prepare and sign as Owner's authorized agent, any Request for Variances from agencies /raving jurisdiction. City„ofBuffalo Policies Drawings and Specifications The drawings and specifications prepared by the Consultant shall be in conformity with all applicable laws„ governmental rules and regulations, and the requirements of the Program. The Consultant shall be responsible for obtaining all required permits, approvals and clearances from the appropriate state and local authorities with the exception only of such permits, approvals and clearances as are required to be obtained by the contractor or contractors for the Project. All drawings and specifications prepared under this contract shall become the property of the City of Buffalo. Patents The drawings and specifications prepared by the Consultant shall not, without the prior written approval of the City, specify or require any patented article, design or process which requires payment by the City of royalties for its use or is of a proprietary nature. Reproductions The Consultant, at its own cost and expense, shall supply reproductions of plans, specifications, reports and other data and documents pertaining to the Project for its own use, for interoffice use with its sub - consultants. The City shall be entitled to be supplied with a maximum of six (d) reproductions of any plans, specifications, reports and other data and documents required to be prepared by the Consultant pursuant to Article 1 hereof, Reproduction of Contract Documents for bidding/construction purposes shall be the responsibility of the Consultant, if requested by the City, and shall be reimbursed by the City for the actual cost plus 10 percent, Claim In the event any claim is trade or any action brought in any way relating to the design or construction of the Project, the Consultant, without additional compensation therefore, will diligently render to the City any and all architectural and engineering assistance which the City may require of the Consultant, including, but not limited to, the making of analyses and reports. Notwithstanding the foregoing, the Consultant shall not be required by the City, without extra compensation therefore, to prepare mock -ups, make tests or testify at a trial or pre-trial proceeding; provided, however, that the Consultant shall famish such services at its own cost and expense where it is established by a judicial decree or finding that the aforesaid-claim or action has arisen firom the negligence of the Consultant or the failure of the Consultant to properly and fully perform its obligations and responsibilities under this Contract. Extra Compensation 1. Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for either on a lump -scam basis agreed to in writing by the parties hereto or on the basis of the Consultant's direct labor cost plus a sum equal to 130 percent thereof; the manner of payment to be determined by the City prior to the completion of performance of such services. 2. Special technical, engineering and/or consultation services will be paid for either on a lump -sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's d labor cost plus a sum equal to 130 percent thereof, the anarnier of payment to - be - determined by the City prior to the completion of performance of such services. Testing laboratory services, topographic, utility, traffic volume, air /water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the City, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for either on a lump -sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's direct labor cost plus a sum equal to 130 percent services. The above does not in any Way prohibit the City from the direct contracting for such services from a mutually agreed upon provider. 4. Except for changes and/or revisions prepared by the Consultant all changes and/or revisions to drawings or - specifications, resulting from a significant program change of the City prior to the award of a construction contract shall be paid for either on a lump -sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's direct labor cost plus a sure equal to 130 percent thereof; the manner of payment to be determined by the City prior to the completion of performance of such services. Notwithstanding any of the other provisions hereof, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant's Basic Design pee for services tendered prior to said change shall be based on the last approved program Budget and the Consultant's Basic Design Fee for all services rendered aver such change shall be based on the approved Revised program Budget for the phase submission after the change was made. 5. All services rendered by the Consultant in connection with any work item, included in a change order to a construction contract, which results from either: (a) a program change of the City, or (b) conditions which, in the judgment of the City, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the project were received, will be paid for by the City on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order to a construction contract, shall be deemed to be covered by the Total Fee. 6. Notwithstanding any of the other provisions of this Section, the City will reimburse the Consultant for such field office expenses, other than salaries and fringe benefits, required or approved in writing by the. City which, as a result of the nature of the Project, are, in the judgment of the City, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the City, does not involve design changes, will be paid for either on the basis of the Consultant's direct labor cost plus a sum equal to 130 percent thereof or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre -Bid Cost Estimate; the manner of payment to be determined by the City within sixty (60) days after the award of the construction contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre -Bid Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefore. Notwithstanding the foregoing, unless otherwise agreed to in writing by the City, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being re -bid because all bids previously received by the City were in excess of the amount of the Program Budget of the City therefore and were rejected by the City. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the City, does not involve design changes, and all services rendered by the Consultant in connection with any additive or. deductive alternates prior to the Construction Document Phase. shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the City. S. In the event the Consultant is caused to furnish services, not provided for herein and not previously casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the City shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one (1) year period, on the basis of the Consultant's direct labor cost plus a sum equal to 150 percent thereof, provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, work or guarantee work items except monitoring and inspection service performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one (1) year general guarantee period. 4. Notwithstanding the foregoing, the Consultant shall not be entitled to extra compensation under any of the precoding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the City, GENERAL PROVISIONS Approval Wherever in this Contract action is to be taken by or approval given by the City, such action or approval may be taken or given by any officer or employee of the City duly designated to act on behalf of the City as designated by the Commissioner of Public Works. Dennitions In the event that the principals of the party referred to in the Contract as the "Consultant" are architects, engineers, landscape consultants or surveyors, then and in that event, wherever the word or designation "Consultant" appears in this Contract, such word or designation shall be deemed to be "Architect ", "Engineer ", "Landscape Consultant", or "Surveyor ", as the case may be. For the purpose of this Contract, the terms "inspection" and/or "administration" shall not be interpreted as the Consultant's guarantee of workmanship or that the Contractor will not breach its construction contract. Delays or Omissions No delay or omission by the City or the Consultant to exercise any right or remedy accruing to it under the terms of this Contract or existing at law or in equity or by statute or otherwise shall be, construed as a waiver of any of i the previsions of this Contract or of any such right or remedy and no such delay or omission shall impair any such right or remedy or be construed to be a waiver of or acquiescence in the act or acts or omission or omissions to act giving rise to the accruals of such right or remedy, nor shall it affect the City's or the Consultant's rights or remedies upon the occurrence of any subsequent event of the same or of a different mature. Singular/Plural; Male/Female As used in this Contract, the singular of any word or designation, whenever necessary or appropriate, shall include the plural and vice versa, and the masculine gender shall include the female and neuter genders and vice versa. Actions or Proceedings Against the City No action or proceeding shall lie or be maintained by the Consultant, or anyone claiming under or through the Consultant, against the City or any of its trustees, officers, agents or employees, upon any claim arising out of or based upon this Contract or any breach thereof or by reason of any act or omission of the City or its trustees; officers, agents or employees, unless such action or proceeding is commenced within one (1) year after the City's acceptance of the construction work. ly`irearms The City prohibits the possession of firearms by employees and persons under contract to the City on DPW property; except Authority Security Officers or others specifically authorized by the contracting officer. The possession of unauthorized firearms by persons and /or corporations under contract to the Authority on Authority property shall be considered as grounds for immediate forfeiture & termination of their contract and disbarment from consideration for future contracts. Drug & Alcohol Policy The City prohibits the use of alcohol on its premises, or work by persons under the influence of alcohol at or above the limit established under the NYS Motor Vehicle Code for driving while idapaired. The use or possession of illegal drugs; or work by persons impaired by the use of illegal drugs, on City promises is strictly prohibited, Proof that any firm under contract to the City who alloyed persons under their employ or employed by sub- contractors under contract to them at anv level, to work while under the influence of alcohol or illegal drugs or be in possession of illegal drugs upon DPW premises, shall be considered by the City as grounds. for Immediate forfeiture &_termination of their contract. I" 0 1.* 1 The Consultant shall maintain the following insurance throughout the project: 1. Workmen's Compensation 2. General Liability Insurance in the amount of $2,000,000.00 3. Professional Liability Insurance in the amount of $2,000,000.00. 4. Auto Liability Insurance in the amount of $2,000,000,00 The Consultant shall furnish certificates of insurance and a certified copy of said policies to the City of Buffalo prior to execution of any contract. The City of Buffalo shall be named as certificate holder and additional insured under all liability coverage. F SECURITY RE-OKW .0 TS <where re uicl red> The selected firm shall be required to submit the names, Social Security #s and two (2) copies of photo ID a least ten (10) days in advance of working in the building for security background checks, Consultant's staff shall at all times on premises carry photo W on their person. Where so specified in the scope of work. F RELEASE OF TM The acceptance by the Consultant or any person claiming under the Consultant of final payment made under this Contract shall operate as and shall be a release of the City from all claims by and liability to the Consultant, its successors, legal representatives and assigns, for anything done or furnished under the provisions of this Contract or in connection with the Project. Personal Services It is understood between the parties that this Contract is intended to secure the personal services of the Consultant or Consultants (if a partnership) because of its or their ability or reputation and that this Contract shall not be assigned, sublet or transferred without the prior written consent of the City. Death or Disability In case of the death or disability of one or more but not all of the persons referred to as Consultant, the rights and duties of the Consultant shall, at the election of the City, devolve upon the survivor or survivors of thew who shall be obligated to perform the services required under this Contract and the City shall make all payments due under this Contract to the survivors. 9 Termivation At any time during the offectiveness of this Contract, the City shall have the right upon seven (7) calendar days' written notice to the Consultant to terminate this Contract, for cause, convenience or in the event the certifications made to the City in the Consultant's response to the RFP are found to be false or incomplete or to postpone, delay, suspend or abandon all or any part of the project. In the event of such termination, postponement, delay, suspension or abandonment, the Consultant shall deliver to the City all plans, drawings, specifications, reports and other data and records pertaining to the Project and the City shall pay to .the Consultant all amounts due in accordance with Article III hereof; provided, however, that if the City, after commencement of the Consultant's performance of services hereunder, postpones, delays or suspends the Project and subsequently, after a lapse of tittle, directs the resumption of performance of services by the Consultant, the Consultant, if it, in the judgment of the City, is caused to do extra work, which it would not Dave otherwise had to do, as a result thereof, will be entitled to extra compensation for such extra work its accordance with the provisions of appropriate section hereof. Except as expressly provided in the previous sentence, such termination, postponement, delay, suspension or abandonment shall not give rise to any cause of action or claim against the City for damages, extra remuneration or loss of anticipated profits. In the event such termination, postponement, delay, suspension or abandonment is caused because of the Consultant's failure to fulfill its obligations or responsibilities under this Contract, the Consultant shall remain liable to the City for all damages suffered by it by reason of such failure, including, but not limited to, any excess costs incurred in completing the Project by the use or employment of other Consultants otherwise. In addition to any liability or obligations of the Consultant to the City that may exist under any other provisions of this Contract or by statute or otherwise, the Consultant shall be liable to and hold harmless and indemnify the City from and - .against any damages, lawsuits, claims and liabilities, excluding the City's attorney fees and court casts, which the City may sustain, be subject to or be caused to incur by virtue of as a result of any claim, demand, lawsuit, proceeding, action or cause of action in connection with the project for: 1. Any infringement of any claimed copyright or patent right of designs, plans, drawings or spec'if'ications resulting from the use or adoption of any designs, plants, drawings or specifications furnished by the Consultant; or 4 ' 2. Any negligence of the Consultant, its agents, employees, officers, subconsultants or subcontractors for which the Consultant is legally liable. The Consultant represents that its subconsultants, subcontractors, gents, employees and officers shall possess the experience, knowledge and character necessary to qualify there individually for the particular duties they perform in connection with the Project. Nothing in this Article or in this Contract shall create or give to third parties any claim or right of action against the Consultant or the City beyond such as may legally exist irrespective of this Article or this Contract. WSTRUCTIONS FOR C SUBrVMTING PROPOSALS 1. Prepare a brief statement outlining your understanding of the, scope of work and your approach to each task. 2. Provide a detailed description of your proposed team for this contract:. Include professional resumes and experience. Please limit experience to related work only. 3. Complete the attached Consultant Fee Schedule, 4. Provide a detailed schedule for each task with a breakdown of estimated hours required. 5. Identify any sub - Consultants your firm may use at anytime throughout this project. 10 �-- &. Three (3) copies of the proposal shall be submitted no later than 3:00 PAL, June 3, 2010. Proposals shall be submitted to: _ Mr. Steven Stepniak Commissioner of Public Works, Parks & Streets Room 502 City Hall Buffalo, NY 14202 -3345 Please contact Br. David A,, Hornung, PhD, P.E., at 851 -5854 or dhomung@ city-buffalo.com with any questions. SJS; PJM; DAH 1I ! 1�7 CITY OF BUFFALO CONSULTANT FEE SCHEDULE 'tf 1 ttt � f The sums listed below shall be based on your understanding of the Request for Proposals above. respondents are required to attach a detailed cost breakdown of these budgetary numbers for each task using the hourly rates for each position used Proposals that fail to include a detailed cost breakdown may not be considered Task 1. Condition Assessment Survey: Task 2. Preliminary Design: Task 3. Detailed Design: Task 4. Bidding: Task 5. Construction Administration and Monitoring: - TOTAL FEE Additional Costs LS L� LS LS L� -JS NODS 1. The above fee schedule shall be fully completed and included with your proposal. Payments shall be made no more than monthly based on the provided rates as described above, In the event a task is not required or the project is canceled, the Consultant shall be paid only for work completed. 2. Pees quoted for each item shall include @11 cogg associated with the item, including, but not limited to: mileage, reproduction, photographs, phone calls, and postage. 3. Prices quoted shall be based on the described. Scope of Services and an estimated total construction cost of $100,000,00. If final construction cost is greater or less than 10% of the estimate, the City may negotiate with the Consultant for a reasonable increase or decrease in the fee schedule. 12 #1 (Rev. 9193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 16, 2010 0 p i FROM: DEPARTMENT: Public Works. Parks & Streets VIVISION, • SUBJECT:: Report of Bids [: Historical Society [: Air Conditioning — Phase 1 [: Job #1023 1: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on May 14, 2010, and received the following formal sealed bids for the Historical Society, Air Conditioning, Phase 1, which were publicly opened and read on June 15, 2010. Hoot Mechanical & Electrical 54 Bridlewood, Lockport, NY Greater Niagara Mechanical 7311 Ward, N Tonawanda, NY John W. Danforth Co. 300 Colvin Woods, Tonawanda Base Bid $54,500 $74,300 $79,295 NY + Alt #1 + Alt #2 $ 7,200 $ 9,000 $10,600 $13,400 $10,200 $11,965 Alternate #1: Provide & install (1) one ton terminal unit and (1) % ton terminal unit as shown on plans, including all wiring and piping. Alternate #2: Provide & install (2) two ton terminal units as shown on plans, including all wiring and piping. { 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Hoot Mechanical & Electrical with a Base Bid of $54,500.00, add Alt #1 for $7,200.00, add Alt. #2 for $9,000.00, for a total bid price of Seventy Thousand Seven Hundred and 00 /100 Dollars ($70,700.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Stre s to order on the basis of the lowest responsible bid. Funding for this project is available in 30X9206 445100 — Buildings. S;J"S /PJM /DAHIdIg cc: Contract Compliance Office J. Schollard, Buildings S. Harvey, Buildings Department Head Name: Peter J. Merlo, P.E. Title: Citv Enqineer , Signature of Department Head: Mr. Fontana moved. That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Historical Society, Air Conditioning, Phase 1, .lob #1023 to Hoot Mechanical & Electrical, the lowest responsible bidder, in the Base Bid of $54,500.00, add Alt. #1 for $7,200.00, add Alt. 92 for $9,000.00 for a total bid of $70,700.00. Funds for the project are available in 39320206 445100 m Buildings. Passed. xA]3:rmy t :Iwp6©Umtvordltinvt23o6- 22a.doc *.AYE *N®* FONT ANA * .. FRAN GOLD EE` KEARN LOCURTO PJVERA RUSSELL SmTm Mai -5 2/3- 6 3/4- 7 * �` City Clerk's Department BUFFALO June 25, 2010 u��uzw�u� Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 25 PASSED June 22, 2010 Report of Bids — MLK Jr Park — Splash Pad (Masten) Gerald A Chwalinski City Clem 9- old! #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO:' THE COMMON COUNCIL DATE: June 16, 2010 0 0 0 FROM: DEPARTMENT Public Works, Parks & Streets DIVISION: w r • SUBJECT: [; Report of Bids [: MLK, Jr. Park [: Humboldt Basin Splash Pad Equipment [: Job #1025 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on May 19, 2010 and received the following formal sealed bids for MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, which were publicly opened and read on June 11, 2010. Bill Simione & Associates, Inc. $249,999.00 5 Krey Blvd., Rensselaer NY Titan Development $339,950.00 8534 Seaman, Gaspott, NY Vortex $497,340.00 328 Avro Pree, Pointe - Claire, QC Aquatic Recreation $634,000.00 6500 Carlson Dr, Eden Prairie, MN I hereby certify that the foregoing is a true and correct statement of all bids received and the low bidder is Bill Simione & Associates, Inc., in accordance with the plans and specifications. The contract award is anticipated to be in the amount of $274,998.90 ($249,999.00 base bid + 90% increase $24,999.90 = $274,998.90). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32400406 445100. 6'�_ SJSIPJM /FGIDAHIdlg cc: Contract Compliance Office S. Harvey, Buildings Department Head Name: Peter J. Merlo. P.E. Title: City Enq ineer Signature of Department Head: ;3 { �3 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 2410, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, Job #1025 to Bill Simione & Associates, Inc., the lowest responsible bidder, in the amount of $274,998,90 0249,999.00 base bid + 10% increase $24,999.90 = $274,998.90. Funds for the project are available in 32400406 445100. Passed. TAB:rmv t:Iwp601snswordlrmv%24c 6 22a.doe ASE * NO � r+ DANA FRANCZYK GOLOMIBEK HADE " ARKS LOCURTO RIVERA RUSSELL` S WIM Maj - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED June 22, 2010 Report of Bids _. Park Shelter Restoration Project - MLK(Masten) Gerald A Chwalinski City Clerk 0002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 16, 2010 FROM: DEPARTMENT: Public Works, Barks & Streets DIVISION: Engineering SUBJECT: (.Report of Bids [:Park Shelter Restoration Project [ :Dr. Martin Luther King Jr. Park [:Masten District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. Wxxbo ) This is to advise your Honorable Body that I have advertised for and recieved bids on June 16, 2010 for Park Shelter Restoration at MLK Park. The following bids were received for theProject: 1- R.W. Painting, Inc. 2m Miller Enterprises, Inc. 3- Hadala Construction , Inc. $ 573, 500.00 $ 640,000 $ 658,000.0o I hereby certify that the lowest responsible bidders is R.W. Painting, Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 630,850.00 (Base Bid $ 573,600+ a $57,350 a 10% Unit bid increase = $ 630,850.00).This Project is Funded by Grant from New York State Dormitory Authority and the City of Buffalo. City of Buffalo's share of construction cost is about 20 %. Funds for this project are available in capital projects fund. PJM:sag DEPARTMENT HEAL} NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J.Merlo, P.E. City Engineer .f t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Park Shelter Restoration at Dr. Martin Luther King Jr., Park to R. W. Painting, Inc., the lowest responsible bidder, in the amount of $630,850.00 (Base Bid $573,500 + a $57,350 — 10% Unit bid increase = $ 630,850.00) This Project is funded by a Grant from New York State Dormitory Authority and the City's share of construction cost is about 20 %. Funds for the project are available in capital projects fund. Passed. APPROVED l JUL 6 2010 i 1 25 MAYO TAB:rmv t:lwp60ynM0r&rmv125c6- 22a.doc A`I *N® ik FONTANA � FRANCZYK GOLOMB a� HAYNE KEARNS LO TO RIVERA RUSSELL S MTH Maj - /3 - 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 M EMO ] 1 ' i 4 i f $I W, a 1 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 27 PASSED June 22, 2010 Report of Bids — Water Dist System Improvements - Various Gerald A Chwalinski City Clerk CE ' � 4-1 T 0002 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 16, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: [: Report of Bids [: For Water Distribution System Improvements [: Various Locations #3 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) This is to advise your Honorable Body that I have advertised for and received bids on April 23, 2010 for Water Distribution System Improvements - Various Locations #3. Total base bid is 1,410,698.70 The following bids received: 1- Visone Construction Inc. $ 1,410,698.70 79 Sheldon Ave. Depew, N.Y. 14043 2- C. Destro Development Company, Inc $ 1,443,000.00 1128 Jamison Road. Elma, N.Y. 14059 I hereby certify that the lowest responsible bidder is Visone Construction, Inc. Also, I respectfully request that your Honorable Body authorize a contract award in the amount $ 1,410,698.70 plus 105 contigency of $141,069.87 for a Total Contract Amount of $ 1,551,768.57 The funds are available in a Division of Water account to be named at a later date. PJM: kjh TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE. Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: - ` T 0 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Water Distribution System Improvements Various Locations #3 to Visone Construction, Inc., the lowest responsible bidder, in the amount of $1,410,698,70 plus 10% contingency of $141,069.87 for a total contract amount of $1,551,768.57. Funds for the project are available in a Division of Water account to be named at a later date. P4ssed. APPROVED 1 JUL ®0 2010 26 —_. ___ _ MAYOR TAB:mnv tAWp60'U Wor(\rmvM 22 a,d00 AYE NO FONTANA x �` FRAN GOLOMBEK HA S LO TO kINERA RUSSELL S 2/3- 6 3/4- 7 '� City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR. OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 28 Washington St. Bus Shelter Within ROW PASSED June 22, 2010 Gerald A Chwalinski City Clerk 0�S #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO T14E COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 16, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Washington St. Bus Shelter j: Within City Right-of-Way PRIOR COUNCIL REFERENCE: (IF ANY) Ex, (item No. xxx, C.C.P. xx/xx/xx) Mr. Chris Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter within City right-of-way, The proposed location is: s Washington Street between Carlton and High Streets Itu This shelter would be located on the Washington Street side of the Allen/Hospital Rapid Transit station and abut property owned by NFTA. The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: I. That the applicant obtain any and all other City of Buffalo permits necessary for said installation 2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelter as long as it remains within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelter. SJS:PJM:MGM:kem TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner s SIGNATURE OF DEPARTMENT HEAD: Js i'i /.�� � ...k. . G { a$ -!�$ q . 2 \ E § 2 Fg ^ ZE ' § M=M � Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated June 16, 2010 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "Mere License" to Mr. Chris Cronin, Traffic Data Administrator, acting as agent for the Niagara Frontier Transportation Authority, applicant, to install a bus shelter which would encroach city right-of-way at Washington Street between Carlton and Nigh Streets, subject to the conditions as listed above. Passed. 27 (MIU , t :Iwp601mstvor&niiv127c6- 22a.doc AYE NO r FON TANA FRAN GOLOMMEK a� er . � �qq��q' �8 l""A N * x � KEARNS LOCURTO RIVERA .j S AUM j �� /�� la a j w 5� 1Q' 9E j j c if 2/3 V 3/4- 7 k A City Clerk's Department BUFFALO O June 25, 2010 t 0MI1, =16 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 32 PASSED June 22, 2010 Restaurant Dance License Renewal —1104 Elmwood (North) Gerald A Chwalinski City Clerk 11C j } 000 POSITION ALLOCATION MAINTENANCE FORM Titl Assistant Water Distribution Suoerintendent A Pr Department/Division Public Works. Parks & Streets. Division of Water Start Date Original PR No. 2009-003 Title Code No. 1771 ✓ � , Salary $50.717 Untermediatel Budget Function No. 520 Reason for appointment (check one) H Status Change [I Reinstatement EJ Replacement 0 Extension Type of Status Change (check one) T jpe of Anpoin E Permanent ❑ contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent From Provisional to Permanent ❑ From Contingent Permanent to Permanent [I Other Classification ❑ Exempt Competitive ❑ Non-Competitive Comments: Mr. Wolasz currentiv holds this Dosition on a nrovisional basis at sten 2 nay. Mr. Wolasz is being certified from the adopted Civil Service list for apiDointment to this title on a permanent basis, Eml&vee Information; Name Michael 1. Wolasz Jr, SS# Address 22 Woodley Road I DOD City Bufbio State I Now York L. Code 1 • C - of App Ming - Si 0�n uthoriltv Date Signature of iYir6ctor Budget Date Signature of Adm. Direcf6r of Civil Service Date Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy MAY26 1'.52 "Slr'K -or When approved . copy is returned, send a copy to Audit along with file maintenance form, City Clerk and -or June 22, 2010 UU0 11 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT DIVISION: SUBJECT: JUNE 8. 2010 POLICE Drug Asset Forfeiture Wire Transfers I� PRIOR COUNCIL REFERENCE: (IF ANY) 1 :Itern No. 104, C.C.P. 2/2/88 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) ICE- 2009090100006001 BUO2TSBU0900006 65,096.54 09 -DEA- 519284 C2 -09 -0096 56,948.55 09- DEA - 519284 C2 -09 -0096 10,049.75 (15% SAFF) f TOTAL $132,094.84 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10405 for fulfilling year 4 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational 'fraining/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 8514624. DJR/j ws TYPE DEPARTMENT HEAD NAME: CMEF DENNIS J. RICHARDS TYPE TITLE: CHIEF OF INVESTIGATIVE SERVICES SIGNTATURE OF DEPARTMENT HEAD; ' f New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) AFFIDAVIT pursuant to Civil practice taw and S5 ' Rules 1311(11)(c) COUNTY OF ERIE i, CHIEF DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 5/24 & 6107/10 , the BUFFALO POLICE DEPARTMENT Gate) (Agency) received WIRE TRANSFERS having an estimated present value of $ 132,094.84 , (check, vehicle, personal property, etc.). (Ar3i pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. , 301 et seq.) of the United States and /or chapter four of the Customs Duties Laws (19 U.S.C. 11301 et seq.) of the United States and /or chapter 96 of the Crimes and Criminal Procedure Caws (18 U.S.C.1 1961 et seq) of the united States. On the (Day) (Name) that he 1 employed by the r � DATE: 6/08/2010 Signature CHIEF OF INVESTIGATIVE SERVICES Title day of in the year 0 , before me personally came (Month) (Year) `C,14 0- Q,b I s to me known, who, being by me duly sworn, depose and say t � [),c> C_ lCF, bF P7 and that (Agency) was authorized by and did execute the above affidavit at the direction of said antity and that s/he signed her/his name thereto. Notary Public MNJREEN Mail to: A-O of N York NYS Division of Criminal Justice Services OuaMW in Edo Coon Assets Forfeiture Reporting Program My Commi ssion Exxplres Office of Public Safety 4 Tower Place Albany, NY 12203 COPYRIGHT a 9895 NEW YORK STATE DIVISION OF CRIMINA€. JUSTICE SERVICES (July 20€)5} H r ei YJ d t� ^1 V-' C N to a0 n Y O O 00 00 00 H 00 W W CO sb %DW 00 dd Y 0 a, 4 M 0 til n 10 �r H Q 'C1 ECf 00 t-f N H n w Y N a N 00 w Fn a a0 uy in �-3 :41 n u u� m L-1- 0 0to0 t rt-- LO a o N O w mcn to n NX +� 0 E n a Cx3 0 �-3 0 3 VI n n I u � 44 M 0 V G ui O � N � r* N w{ n t� 0 m 4 CO H w tj C"' a H � O � d o €`, Ql p cn nn d '\ N H Cr1 � »4 N O Gil F4 d H �] 4 N y's S FV F W W N t� ko t9 a FP fl ko A m An Eo a, u a M In L-1- 0 0to0 t rt-- LO a o N W w mcn to 0 H W p I u i7 a rr G ui Y � N � r* N CO H tj r-! H 0 o �d cn nn Cr1 trJ Gil F4 z FV L, G;] t9 fl Q N y C] � t�! irJ H N � O O d n a a d n O O 6 000 q In 0 W W W C-9 a OD m co 0 O 0 d O O O m {/] F, O O C] h3 fn Y ID a M In 0to0 LO a w mcn to LL I I d rr r* N �i FROM THE CORPORATION COUNSEL June 22, 2010 0003.E Claims Committee Meeting Wednesday, June 30, 2010 Hon. David A. Rivera, Chairperson AGENDA. Personal la A. 1. Ysolina Rossi $ 3,000.00 A. 2. Rosetta Swain $ 1 5,000.00 Property Damage B. 1. Antoinette Moore $ 20.00 B. 2. Mark Robinson $ 1,500.00 B. 3. Travelers Insurance Co. a/s /o Michael Wydra $ 680.12 B. 4. Edwin Valentin $ 90.00 Miscellaneous Invoices C. 1. Allstate Insurance Company a/s /o Dorian Facen $ 300.40 C. 2. Dr. Daniel A. Castellani, M.D. $ 2,435.00 C. 3. Verizon Wireless $ 129.73 Miscellaneous Reimbursement D. 1. Kimberly A. Bobo $ 130.00 } b FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 22, 2010 00032 ` Single Page Communication to the Common Council To: The Common Council: Date: June 10, 2010 From: Department: De partment of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) 1104 Elmwood Avenue Prior Council Reference: (if any) [: Ext. (Item No, xxx, C.C.P. xx /xx /xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1104 Elmwood Avenue for which said renewal application for a Restaurant Dance Class IV license is being sought by Dave Schatzel and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap 41 (Rev. 01/1993) James Comerford ting Commissioner �ting Commissioner CITY OF BUFFALO - OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: EIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: COLE'S RESTAURANT LICENSE TYPE: RESTAURANT /DANCE RENEWED LICENSE 2011 BUSINESS ADDRESS: 1104 ELMWOOD BUSINESS PHONE: (716) $85_7613 COUNCIL DISTRICT: NO POLICE DISTRICT: 00 APPLICANT NAME: DAVE SCHATZEL APPL. PHONE: 0 _ APPLICATION NUMBER: 217818 REFERRAL DATE: 04/08/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: * *'TREASON FOR DISAPPROVAL, MMUST BE STATED BELOW *x* REMARKS: INSPECTOR' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU, AppSlip7. rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL R.EOUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: COLE'S RESTAURANT LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1104 ELMWOOD (716)885 °7613 NO 00 DAVE SCHATZEL 217818 04/08/2010 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMEN REFERRED TO) APPROVED DATE: L vt . � ( o DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: COMM. OF POLICE: C7 po ? CIS AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlrp2,r pt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY .MALL BUFFALO, NEW YORK 14202 IN SPECTION/APPROVAL REQUEST -AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: COLE'S RESTAURANT LICENSE TYPE: RESTAURANT /DANCE RENEWED LICENSE 2011 BUSINESS ADDRESS: 1 104 ELMWOOD BUSINESS PHONE: (716) 885 -7613 COUNCIL DISTRICT: NO POLICE DISTRICT: 00 APPLICANT NAME: DAVE SCHATZEL APPL. PHONE: (} APPLICATION NUMBER: 217818 REFERRAL DATE: 04/08/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPI30VED DISAPPROVED DISAPPROVAL CALL RACK DATE: DATE; DATE: 'REASON FOR DISAPPROVAL IV ES BE STATED BELOW* ** REMARKS: INSPECTOR .. .. ._ RM[# EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. AppSfip2,rpt %16 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated June 10, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Dave Schatzel d/b /a Cole's Restaurant located at 1104 Elmwood Avenue, Passed. APPROV JUL -6 2010 E D t 1 MA - TAB - r Iv T:%wp6dlms vlord\rmv'�,3 lc6- 22a,dm 31 AYE NO � FRANCZYK GOLOAMEK HEARN Li TO RIVERA RUSSELL S maj -5 { 2/3 6 j 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 HON. BROWN W. BROWN MAYOR OF BUFFALO DEAD SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 35 PASSED June 22, 2010 Used Car Dealer — 549 Tonawanda (North) Gerald A Chwalinski City Clerk rf.: #` 00033 Z Communicate ®n to the Common Council To: The Common Council: Date: June 10, 2010 From: Department Dmartment of Economic Develo Permit & Insnection Services Division Office of Licenses Subject: [: Sidewalk Cade [:727 Elmwood Avenue [: New Owner Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx/xx/xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 727 Elmwood Avenue and find that as to form is corre.. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with regulations and other applicable laws. The attached application is thereto for Blue Monk. This request is submitted for your approval or whatever action you deem appropriate. EPEPR '11-MeOMMITTEE UN 1 Signature of Department Head: Department plead Name: /AMES COMERFORD, A JC:cap 41 (Rev. 01 /1993) / G COMMISSIONER a Y . B RYON W. BROWN Mayor Applicant NIame Business Name Business Address Phone 70 G Iz- Phone %', *�& 0 �) i A e, NY I Ll ¢ street city �j state zip .i�F: �t�trc�mentss f°i���t�Jf' �� 1. Applicant has a Restaurant License. (Restaurant License Number 1 ) 2. General Liability Insurance. Certificate holder must be the City of Buffalo, City Hall, Office of Licenses Doom 313, Buffalo NY 14202 as the policy holder with a ten (10) day cancellation clause. %f Y.Off a dumber of chairs i 3. Dimensions of the cafe ;I- - 15' dumber of tables 4. Describe method of installing safe boundaries (ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). CaiF� mav, n© t be vermanently to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. � -Tj t,' - o4v ri FG 1 rte W At5 , 4 Subscribed and sworn before me this day of 3 c;1 20 Commissioner of Deeds in and fort City of Buffalo V P Applicant Signature Signature of owner of building, if different than applicant 000 1 To: The Common Council: Date: June 7, 2010 From: Department Department of Economic Development. Permit & Inspection Services Division Office of Licenses Subject: [: Sidewalk Cafe [:45 "Vest Chippewa Avenue [: New Owner Prior Council Reference: (if auy) [: Ext. Item No. xxx, C.C.P. xx /xx /xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 45 West Chippewa Avenue and find that. as to form is correct. This Sidewalk Cafe had been previously approved by the Common COUncil, I find it complies with regulations and other applicable laws. The attached application is thereto for 4 Play Nightclub, This rcques� submitted for your approval or whatever action you deem appropriate. REFERWED TO THE ITT ON LE - IG ISLAT ION . Signature of Department Head Department Head Name JC.cap #1 (Rev. 0111993) 0 MES COMEftFORD, ACTING COMMISSIONER R a W3 -.I• , Mayor r" S APPLIC:ATI ®N for a SIDEWALK CAFE Date Applicant Name Business Name P/C'� Business Address street city raITVi- Phone -V � " 310`00?( s -V zip Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number, - �,, 2-'I1 ) 3 VS Fe 2. General Liability Insurance. Certificate holder must be the City of Buffalo, City Hall, Office o f License Room - ,Buffalo NY 1422 as the policy bolder with a ten (10) day cancellation clause. X41 3. Dim en ors of the cafe Number of tables Number of chairs 4. Describe method of installing cafe boundaries (ex. wooden deck with railings, wrought iron railings, flower boxes with ro p e attached C4fe may f not be permanently of zxed to the main building or the public sidewalk, 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed and? orn before me this day of 9��_ 20 _L) Commissioner of Deeds in and for th ftyof Buffalo Apploignature Signature of owner of building, if different than applicant 0001 (Rev, 1%33) Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2010 From: Department of Economic Development, Permit & inspection Services Division: Office of Licenses Subject: [: Used Car Dealer [: 549 Tonawanda (North) Type in Utmer and I Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tvne Single S pace Below Pursuant to Chapter 251 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 549 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Ruben Ocasio. The attached thereto for Ruben Ocasio dba/ Payless Car Sales, Inc. This request is submitted for your approval or whatever action you deem appropriate. Tyne Department Head Name: JAMES COMERFORD Tyne Title: INTERIM COMMISSIONER n Signature of Department Head: A JC:PS:Iad f t d t Lk Date: May 9, 2010 T O: James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services EA Common Council Communication Used Car Dealer at 549 Tonawanda. Per Ckity of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer Licenses application to the Common Council: Zoning Office > -f Fire Prevention Building inspection _ Police Department -j Police Record Check Ll Application `r' =`- ,Ff �� ' /� Ew _�f.' �- e%''`= I _ �: ��_� '�a� '' SJ°$' 7 Af �'/ r � Dir6ctor �'ermit & inspectiatl Slervices Date i - CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PAYLESS CAR SALES, LLC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 549 TONAWANDA BUSINESS PHONE: (716) 597 -3654 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: RUBEN OCASIO APPL. PHONE: (716) 597 -3654 APPLICATION NUMBER: 557591 REFERRAL DATE: 04/27/2010 REMARKS: DISAPPROVAL REASON: g F P } NEW LICENSE 201 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED PPROVED�` DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK *"'REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpf CITY OF BUFFALO JJ l f OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PAYLESS CAR SALES, LLC LICENSE TYPE: USED CAR DEALER NEW LICENSE 2011 BUSINESS ADDRESS: 549 TONAWANDA BUSINESS PHONE: (716) 5973654 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: RUBEN OCASIO APPL. PHONE: (716) 597 -3654 APPLICATION NUMBER: 557591 REFERRAL DATE: 04/27/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW "* REMARKS: INSPECTOR RM# � EST Z` t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU App,Stip2.rpt CITY OF BUFFALO z. OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PAYLESS CAR SALES, LLC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 549 TONAWANDA (716) 597 -3654 RUBEN OCASIO (716) 597 -3654 557591 04/27/2010 fA NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DISAPPROVED DISAPPROVAL CALL RACK DATE: DATE: DATE: To 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *X'k REMARKS: INSPECTORS - t;� fJ ( RM# � 1 EXT I AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2.rp! ou - uv - .iu 4i. 4 mute- - OF.F.ICE OF LICENSES 313 CXTY HALL g BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE T - U47 F0002 /000L REFERRED TO: COMMISSIONER ®F pOLICE APPLICATION FOR: PAYLESS cAR SALF_S,.LLC LICENSE TYPE: USED CAR DEALER � NEW LtCEKSE BUSINESS ADDRESS: 549 TONAWAN'DA BUSINESS PHONE: (716) 597_3654 COUNCIL DIST IRICT: POLICE DISTRICT: APPLICANT NAME: RUBEN OCASIO APPL,. PHON& (7) APPLICATION N HER: 557591 REFERRAL DAVE: 04/2712010 DISAPPROVAL, REASON: i4I1 (TO DE COMPLETED BY TNTNT REFERRED TO) APPR DATE: DISAPPR DATE: ** *REASON FOR DISAPPROVAL M RST DE STATED BELOW *** RECEIVED 06- 09 -'10 10:23 FROM® TO- P0002/0002 - %,AA A Sy1' uvrr.t%�v O FFICE OF LICENSE$ 313 CITY HALL y BUFFALO, NEW Y 14202 t�3 AGENCY ) DEPARTMENT; i POLICE REFERRED TO: COMMISSION& OF poLICE APPLICATION FOR: P a LESS !rF'eR SALpS, LLC LICENSE TYPE: USED CAR DEALER ()8 BUSINESS A1DIDSS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NIUMB ER: REF'ERItAL DATE: $49 T'ONAWANDA (716) 597 - 3654 RUBIEN OCASIO (716) 5973654 557591 04/27/2010 (DISAPPROVAL ]REASON- T -047 P000210002 F -159 NEW LICENSE 2011 (TO RE COMPLETED BYAGENCY/BEPA 1A/I NT R1EPERREO TO) APPROVED D4 E DISAPPROVED llAT`E: 'REASON FOR DISAPPROVAL M BE STATED BELOW REMARKS: COMM. OF POLICE: AFT INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRA TO THE OFFICE OF LICENSES, THANK 'SOU, ap�s ?. .�r RECEIVED 06 °09'`10 10.23 FROM— TO— P0002/0002 YJ S Vj r .L U -L1 , V) O r i l P -1470 (REV. 3196) Buffalo Police Department MentillcaPlon section 74 Franwic street Bdbld 9 New York 14202 i °Loci r - O-L') Cj 1 buy; .':J.i(A 5 Tigre Is a $10,00 lea to praaeas this date. By mail, payment MWT be made by money order, 90.NOT send aasb through eh mail, In person, payment sell be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Mice Deparment. De Buji to lnedude a stamped, self addressed envelope so that this information on be mailer) to you. Complete all dm Information listed below and have your identification and signature verified by allotary Public (or) Ceutmisslener OfDoadi, 9 listed on the bottorn of this application. Without mtal compliance to these inmw6w , you WMLL NOT receive the requestm tar€ the day gf M 6th a 0 1Q, before me personally appefled uq -err- 10 al: Mf rmun 'r-z66 >'oon /oom F -m BUFFALO POLICE OEPAR TMFN T F r CRIMINAL BACKGROUND REPORT DATE OF INQUIRY. 04/07 {201011 :55 :L NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: OCASIQ, RUBEN D DATE OF BIRTH410ft RACE: White SBA: M ADDRESS: 23 COLUMBUS BUFFALO, NY 14207 BUFFALO, NY 14207 SOCIAL, SECURITY #; 45"monlipm PCN, 05731930 N YSID: OOb TG /ALIAS XAI S: OCASIO, RUBEN 1 NARRANTYWANT TNQUiRY - U-MR TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES, ADDITIONALLY, THE BUFFALO POLICE - DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. AP"T DATIR RBFMN CINCx AGENCY CHARGE DISPOSITION 06/9019999 BUFFALO POLICE DEPARTMENT PL 120.05 REFER TO: BUFFALO POLICE DEPARTMENT C 0619311991 BUFFALO POLICE DEPARTMENT . c; 0 PL 2ftW 01 REFER TO: BUFFALO POLICE DEPARTMENT 0719011999 BUFFALO POLICE DEPARTMENT I -v PL 24020 03 REFER TO: BUFFALO POLICE [DEPARTMENT PL 240.25 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 240.20 05 REFER TO: BUFFALO POLICE DEPARTMENT .. ::. PL 240.20 04 REFER TO: BUFFALO POLICE DEPARTMENT PIA 240.20 02 REFER TO: BUFFALO POLICE DEPARTMENT PL 240.20 01 REFER TO: BUFFALO POLICE DEPARTMENT Pi 120.00 01 REFER TO: BUFFALO POLICE OEPARTMENT PL 195.05 REFER TO. BUFFALO POLICE DEPARTMENT 1013111902 BUFFAL.OVOLICE DEPARTMENT PL 195.05 REFER TO: BUFFALO POLICE DEPARTMENT 12/09/1992 BUFFALO POLICE DEPAR'TMEN'T PL 195.05 REFER TO: BUFFALO POLICE DEPARTMENT 06/2211993 BUFFALO POLICE DEPARTMENT PL 265.02 04 REFER TO: BUFFALO POLICE DEPARTMENT a7 /9r1s9s BUFFALO POLICE DEPARTMENT NOTE: IBCONDAR'Y ]DISSEMINATION OF THIS FORMATION IS PROW BITP -D. W UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE. 1 04 10 11:0V rhuill F .t_ llT� O� INQUIR 0 4/07120'1011; 56; C NOTE: THE FOLLOWING C RIMINAL HIS REPORT I NCLUDES BUFFALO POLICE DEPARTMENT ARREST'S ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFAL ARE NOT INCLUDED IN THIS REPORT. PL 205.90 REFER TO: BUFFALO POLICE DEPARTMENT PL 120.14 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 265.01 02 REFER TO: BUFFALO POLICE DEPARTMENT 10/10/1992 BUFFALO POLICE DEPARTMENT PL 240.20 fly REFER TO: BUFFALO POLICE DEPARTMENT PL 240.20 06 REFER TO: BUFFALO POLICE DEPARTMENT PL 240.20 03 REFER TO: BUFFALO POLICE DEPARTMENT PL 240.20 02 REFER TO: BUFFALO POLICE DEPARTMENT PL 240,20 01 REFER TO: BUFFALO POLICE DEPARTMENT O8f1311990 BUFFALO POLICE DEPARTMENT PL 240.30 01 PG 160.55.. PL 240.20 07125/1990 BUFFALO POLICE DEPARTMENT ILL 120.15 PG CPL 100.55.. PL 240.20 0212112007 BUFFALO POLICE DEPARTMENT PL 240.26 01 REFER TO: BUFFALO POLICE DEPARTMENT - Z66 P@004/0004 1 - 813 'C cl OD NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED- IF UPDATED MORMATION IS NEEDED, A NEW INQUIRY SHOULD HE MADIE P AGE: 2 BUFFALO CI'T'Y COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS NUMBER: 107808 OCASIO,RUBEN D DEFENDANT 36 BRAYTON ADDRESS BUFFALO NY CITY STATE ZIP DOCKET NUMBER: 91F -09330 DATE OF BIRTH 006678307Q NYSID NUMBER 06/10/1991 DATE OF ARREST /ISSUE SUMMONS NO: 120.05 __- __-- _- _-..__-_- m_________.. .ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION 08/05 /1991 PGSr cD= 1Y__________ PG 140.05 PG 240.25 JUDGE PART MCCARTHY,M 10 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS / - °� 04/23/2010 -r -- _.._�,_____ -_e_ - - - - -- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL, OVER THE SIGNATURE OF THE COURT OFFICIAL.) BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 107809 THE PEOPLE OF THE STATE OF NEW YORK VS OCASIO,RUBEN D -- -------------------------- _ DEFENDANT DATE OF BIRTH 29WEST 006678307Q ADDRESS NYSID NUMBER a--__d_______ BUFFALO NY 07/13/1996 --------------------------------------- -------------------------- CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 96M -13679 SUMMONS NO: 120.14 265.01 205.30 _ __________ ________ .._-- ___- e___-_- __ - -- -_ ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART ------------------------------ -------------------- ------- 09/05/1996 PGSI CD= 2Y,IMP =TS BRODERICK,M 9A PG 240.20 10/04/2996 EXS BRODERICK,M 9A SURCHARGE = $45 PAID I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. - -- 04/23/2010 FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAU'T'ION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) - E CERTIFICATE OF CONVICTION OR DISCHARGE a. 3 THE PEOPLE OF THE STATE OF NEW YORK AGAINST RUBEN OCA O DOB: 0 DATE OF ARREST: 08 -22-93 INDICTMENT NO. 93 -2505 SCI NO. 10340 ADA. S. GARVEY DC: J. DANIELS CR: C. SCROGER The above named defendant having been brought before the Honorable MARIO J. ROSSETTI, JSC A JUSTICE of the SUPREME Court of Erie County, charged with: COUNT 1: CRIMINAL POSSESSION OF A WEAPON IN THE THIRD (3 DEGREE, PL. 265.024; COUNT 2: CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIFTH (5 DEGREE, PL. 220.06 -5; And the above defendant having: Entered a Plea on 04 -05 -1994 Been convicted after trial on Been acquitted of after trial on To a charge of COUNT 1: ATTEMPTED CRIMINAL POSSESSION OF A WEAPON IN THE THIRD (3 DEGREE, PL. 110/265.02 -4, "E" FELONY; COUNT 2: CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH (7 ) DEGREE, PL. 220.03, "A" MISDEMEANOR And sentenced on 05 -17 -1994 to COUNT 1: FIVE (5) YEARS PROBATION; COUNT 2: THREE (3) YEARS PROBATION, CONCURRENT TO EACH OTHER; $150.001$5.00 MANDATORY SURCHARGE /CVAF IMPOSED. Charges dismissed and sealed per 160.50 CPL on --- - -- - -- NO B L _ Jury on ---------- Dated v at ♦ - � i ii ��:' E �, � �• ' j ! KATHLEEN C. HOC1 UL HN'v ,- ERIE COUNTY CLERK BYRON W. BROWN JAMES COMERFORD, fr. Mayor APPLICATION MUST BE COMPLETED IN FULL Dep Commissioner PHOTO ID REQUIRED AT TIME OF APPLICATION P tY NO EXCEPTIONS Bate 20 l0 —*— (PLEASE CHECK LICENSE CATEGORY(S) APPLYING FOR) iJSED CAR DEALER $262.50 SECOND HAND DEALER $110.00 SCRAP PROCESSOR 570.75 - FLEA MARKET (NO. OF VENDORS ) 1 -10 Tables 570.75 11 -25 Tables $105.00 26+ tables $210.00 GARAGE SALE $10.50 a day WHOLESALE JUNK (JUNK YARD) 5262.50 APPLICANT NAME U,,O °.l 5 f a PHONE NO. _5 HOME ADDRL4 SS n q:?zl L APPS 1r ,9vn e a + sN gOEW �Jir' /Y J ! (PTO., STREET) (CITY,TOWN, OR VILLAGE) (ST (ZIP) APPLICANT D /0111 PLACE OF BIRTH US CITZENS ey (YES) _ (NO) CO APPLICANT NAME _ PHONE NO. CO APPLICANT ADDRES! (equ., SSTREET) (CVY,TOIVN, .RO ViL LAGE) (STA17E) (ZiP) . CORPORATION NAME ?& e 5 tl -p . �r� 1 � � DATE YNCO"ORATEB H 0 BUSINESS NANiE PHONE NO: BUSINESS ADDRESS .. ��3 � •i i 1! �jY /Z/ 4 1 (NO., STREET) (CITY, TOWN OR VILLAGE) (STATE) (ZIP) STATE TAX ID 7VJ1V18ER Subscribed and sworn to before me this l� �c day of 20 D C ssioner afDeeds i� a►id fo t e City oftluffalo, New York Appllrant � nature NON REFUNDABLE APPLICATION FEE -� A� a M. — Office of Ucenses SHANNON PASQUARELLA 65 NIAGARA SQUARE / 313 CITY H M L tary Publ - State of N ew York BUFFALO, NY 14202 -3303 N0. f)1PA62t4438 I (716) 851 -4078 / FAX: (716) 851 -4972 Qualified In Erie Cou Commission Expires ' '3 i € i3� Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 9, 2010, be received and filed; and That pursuant to Chapter 254 of the City Cade, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Ruben Ocasio d/b /a Payless Car Sales, Inc. located at 549 Tonawanda. Passed, TAB ;rmv T:Iwp6O mswoedirmv\34c6- 22a.doc AYE NO FONTANA FRANCZYK GOLONMEK HAYNES KEARNS LOCURTO RIVERA RUSSELL Smrm maj ® 5 2/3- 6 314 - 7 City Clerk's Department BUFFALO ALO June 25, 2010 NON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. 1AW1 1 1 PASSED June 22, 2010 Appt Associate Auditor (t'erm)(2" d Step)(Somani)(Cornpt) Gerald A Chwalinski City Clem (1 I J FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS June 22, 2010 00033_ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL: DATE: June 18, 2010 FROM: DEPARTMENT: Administration & Finance SUBJECT: [:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY)a Ex. (Item No. xxx. C.C.P. xx/xx/xx)' C.- Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. a1 I1111 0 0T4'iTa'F]I[ awe TO: 2449 - Efficiency Grantl GRANT TITLE: New York State Efficiency Grantt GRANT AGENCY: New York State GRANT AMOUNT: $5,500,000.00 LOAN AMOUNT: Maximum of $1,000,000.00 Estimated Date of Repayment: June 30, 2011 Signature of Department Head Requesting Interfund Cash Loan - -Ja.net , Pe j ia; b-6mrr -issi� of Admin., Finance, Policy & Urban Affairs t ; V l SIGNATURE DEPARTMENT HEAD TITLE: Comptroller drew . �anFiiippo C P i �z FROM THE COMMISSIONER OF HUMAN RESOURCES June 22, 2010 BRRWN W. BROWN MAYOR ov,5 June 16, 201 f / Mr. William B. Licata Sr. Legislative Assistant Buffalo Common Council Room 1413 City hall Buffalo, New York 14202 Dear Mr. Licata: 1 join the Common Council in applauding the leadership of our MIS Department For their efforts in selling obsolete equipment Which will help generate revenues to purchase updated. equipment. Resptfully, -7 4 " X 0-� S s }} N Lj F Karla L. Thomas Commissioner Human Resources . � -r � e � _� �, � MVI � TT EE � 3 65 NIAGARA SQUARE/ 1007 CITY HALL/ BUFFALO, NY 14202-3310/(716) 85t-9624/ FAX: (716) 851 -4968 / m mv.city- buffalo.eom FROM THE ZONING BOARD OF APPEALS June 22, 2010 = ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall d Buffalo, NY 14202 -3318 Phone: (716) 851-4942 e Fax: (716) 851 -4388 W _ May 27, 2010 Marc Romanowski Buffalo, New York 14220 )K. 1031 MICHIGAN APPLICATION: #153715 Dear Mr. Romanowski: I The Zoning Board of Appeals at its meeting of 5126110 approved your petition for a variance to erect and use a four-story Skilled Nursing Facility where the Zoning Ordinance limits the height to three (3) stories and 40' at promises 1031 MICHIGAN. The proposed height of the Skilled Nursing Beds at Buffalo General Hospital is four (4) stories and a maximum of 67' above grade. Section 511.29(x) of the Zoning Ordinance limits the height to three (3) stories and 40'. Pursuant to the State Environmental Quality Review Act, Article 0 of New York Environmental Conservation Law and 6 NYCRR Part 617 (" SEQRA" ), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Project Sponsors have prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus; the City of Buffalo Planning Board ( "Planning Board") as Lead Agency has reviewed the DGEIS and deemed it complete; pursuant to the process set forth in the DGEIS. The Zoning Board of Appeals determined that the requested Area Variance is insubstantial in light of the scale of the adjacent Buffalo Niagara Medical Campus and is only slightly higher than what is permitted under the Code; and that the requested Variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood since the facility will now act as an effective buffer and transitional element between the institutional uses can the Buffalo Niagara Medical Campus and the residential rases within the Fruit Belt neighborhood. s f i Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 11/27/10 the Board's approval will expire and a new application will have to be made. Very trufy yours, fames A. Lewis Ill, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED i lP FROM THE CITY CLERK June 22, 2010 00039 !; ` �. GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics ILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics June 16, 2010 Common Council 1303 City Hall Buffalo, New York 14202 Re: Item # 153, CCP .tune 8, 2010 The Honorable Common Council: 0 � , L K T� 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 JI - In response to Mr. Licata's letter dated June 14, 2010, regarding Council Member Bonnie Russell's Resolution entitled, "Policy for Selling Surplus, Worn -out and Obsolete City -Owned Assets ", we provide the following response: The City Clerk's office turns in all old or broken computer equipment to the MIS Department and in turn the Department of MIS takes the items) off our office inventory list according to the identification numbers for that piece of equipment. Should you require additional information from our office, please feel free to contact me. e ����tE��sa _3is3 Ffy F��d. TEE Sincerely, ,A Gerald Chwalinski City Clerk GClmc 00011 119 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 454 Pearl St RECEIVED AND FILED Business Name Blaze Buffalo Owner's Name Blue Buffalo of NNZ, Inc, ,Tune 22, 2010 tp r STATEOFNEWYORI{ Srrmdurrlized O�G1P1�i NP?JX . N TIC F forPrvvidMga EXECUTIVE DEPAtiTRiFNT 30-Dav Advance Notice to a Local MtuntelDallty or Community Board J p1y1S10N OF ALCOHOLIC B6YLitACE CONTROL rn rea ectfan with the n&nimlan to the Male UquorA dhodry r fthrc STATE LIQUOR AUTHORITY &ID Ilcant's Uri I tl On- Premises Alcoholic Beverage I,ieease Application €er (he Fatnlrila Idenono in this Nwive NAa# 1 of 2I Date the Original copy of this Notice was galled to the Local Municipality or Community Hoard: - - -, 'PHIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERIL OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY 130ARD 2. Name of the Local ' Muni ' dP atity or Community Board: r f s 1 � Street Address of Lveal Municipality or Community Board: 4. City. Town, or Village: t Tap Code: �✓' S. Telephone Number of Clerk orl4: at Municipality or Community Board: } � � _ LL Em U ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL [F1RSTl ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIF] ED 1N THIS NOTICE 6. Attorney's F1t11 Name is: - - - -� 7. Attorney's Street Address: 8. City. Town. or Village: � m - � Zip Code: 9 _ Business Telephone Number of Attorney THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT- WITHIN THE IDEN TIFIEI3 ESTABLISHMENT -THE TYPE OR BUSINESS DESCRIBED BELOW 1t}. Type(g) of Alcohol to be sold under the Lioensa ( °X o e : fly El Wig and Be- Only j )guar, Wino, and Beer Extent of Restaurant (Sale of Fond Tavern-Restaurant (A mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue / 11. Food Service: Prlmarily; Full Food Mcaui has both a sit -down dining area and a 'stand-up" bsr Liar jAlcohot sales primarily' - meots legal ? (' one) 1Gtchen run by Chat) where patrons may receive direct deliveries or alcohol) minimum food availability requir o am.) l.� Type of How Live Disk I VI duke Patron Dancing Cabaret, Night Club, Discotheque Capacih for 560 Establishment: Music Jock Box (small Scale) (Large Seale Dance Club) or more patrons I X all ammo, Club (e.g. Golf/ Bed & Catering Stage that app#'] � El lTaternal Org.) Brealrfaat Ta lass Other Facility Shows Entertainment (Specify): Proposed None Rooftop Patio Freestanding Darden / Other " Outdoor Area(si: or Deck Covered Structure Grounds (Specify): 14. Will the proposed laoense Holder or a Manager be physically present within the establishment during All Hours of Operation? ( one 15. 18, 17. I 18. I 1q, i 1 � YES El NO t Application fierier Number: The Mulicants hill Naux!,, as it will appear in the npplication for the On Premises Alcoholic Beverage License. is: f�j f (, j or ift t Y1, The Pull Name of the Applicants proposed licensed Establishment {the Name under which the proposed Licensed Establishment will wnduct business) is: The Applicants proposed licensed Establishment is located within the building which has the following Street Address: City , Town. or Village: ff�� - - - } NY Zip E vtle:: The proposed Licensed Establishment will be located on the following floor(s( of the building at the above address: I .�) Within the building at the above address. the proposed licensed Establishment will be located within the room(s1 numbered as follows: 1 22 • Business Telephone Number of the Applicant: 1 _ 23. Business Fax Number of the Applicant: 24• Business E -Mail Address of the Applicant: 25. IF YOU KNOW - Was there ever an al�vhollc beverage license in effect for the space where you intend to operate your licensed establishment? - Yes M It7 ❑ OWNER OF THE BUILDING III WHICH THE PROPOSED LICPNSED ESTABLISHMENT WILL BE LOCATED Does the Applicant own the building in If "YES ", 9Lq_P items No. 27, 28, 29, 8s 34 if °N4]', NP S}u R items No. 27, 28. 29, K 941. 25. which the proposed Licensed Yes ❑ Go directly to Item No. 31, No P q Then continue to Item No, 31, Establishment will be located? ( on and complete, the form, j and complete the form, 27. Building Owner's Full Name is: Building Owner's Street Address: 'r! t : 111 Cih'. Town, or Village /.1 = - - - - 4k Zip Cade: f ; 9t1. BusinessTef - -_ -- e � phoneNuml>ar al' Building Owner: - � - I Don't Know Ir: , STATR OF NE W YORK EUGIIT" DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AU II€)Uff SYrmdurdimd ItiGiNAL APPLICATION N0'I'I4PE FORM f or Pruvidin a 30- 2_la;v Advance Notice to u Local Municluldlty ©r Commurtity Board In connee bun i0h the,vufn, LWun to the Mule t iquurAuthurity of the Annlicant's tart at t) tan- Premises Alcoholie Beverage License An t for the Egtalllls ltleptitle?l in t lt Fiance !Faits 2 Qf_2l PLEASE RE-ENTER ORDER TO MMA E O THE AT PAGES I[ A ND N 2 OF YOUR NOTICE ARE NOT SEPARATED OR MSPIACED REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME YOUR COURTESIES ARIL APPRECIATED I5. Application Serial Number- 'Me AvvlicanVs Full Name. as it will appear in the application j I6. for the On Premises Alcoholic Beverage License. is: ¢ �/ 1, i ti's o �-C 0 The Full Name oithe Applicanfe proposed licensed Establishment (the Trade Name J l t ` under which the proposed Licensed Establishment will conduct businessi is: f P; �..�..w INFgR�tATIOtt R- R GARDINA PDT BUSUMSS LIC8NSSD TO SELL ALCOHOLIC BEVERAWS THAT IS MIRREH BIMfHO OPERATUD Tit THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT 31. IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you intend to operate your licensed establishment? Yes ❑ No I Don Knott' ❑ 33. ( Are you buying any assets) awned by the operator or the licensed business currently being conducted in the space where you intend to operate your licensed establishment? Yes ® No (For cxautple: good will, equipment, furniture, cookware, dishware, etc.) IFYOU ANSWERED MILS" TO ITEM 31 or 32, SI P ITEMS NO. 33 and 34. GO DIRECTLY TO ITEMS NO, 35, 36, 37, 38, 38, and 39. IFYOU ANSWERED != TO ITEMS 31 and 32, PLEASE PROVIDE THE IN1 REQUESTED BY ITEMS NO. 33 and 34. IF A BUSINESS LICENSED TO SELL ALCOHOLIC 13EVERACIES Is naT CURRENTLY BEING OPERATED IN THE SPACE i WHEn THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE INFORMATION REGARDING ANY BUSINESS LICENUD TO $ELL ALCOHOLIC BEVERAGES THAT WAS MOST RE -CEWMY OPERATED IN THE SPAC$ � -- _..._ - _ — •,..,..,_,.,_. - . _._ _.._.... - .......,... .,..... ,........._.,. IF YOU KNOW - � Was a busi.n-.ess . ... that was licensed to sell alcoholic beverages previously conducted 33 ' in the space where you intend to Yes rate your licensed establishment? ® I3oret Know ❑ i Are you buying any asset(s) owned by the operator of the licensed business that was most recently conducted in the space where you intend to operate your licensed establishment? Yes El No ( i (For example: good will, equipment, furniture, cookware, dishwam, etc.) '! IF YOU ANSWERED `YES" TO ITEM NO. 31 nr 32 or 33 nr 34, `HEN PLEASE ANSWER I'T'EMS NO. 35 and 35 and 37 and 38 and 39. INFORMATION ABOUT THE OPERATOR OF THE LICENSED BUSINESS CURAZNTLY BEING CONDUCT') D (OR MOST RECENTLY CONDUCTBI)) IN THE SPACE WHERE THE APPLICANT INTENDS TOOPERATE HIS /HER /ITS LICENSED ESTABLISHMENT. PLIIA,9E PROVIDE THE FOLLOWING WFtORAIATION. IF YOU KNOW - The Full Name of the Operator of the licensed business 35. now bring conducted (or that was moat recently conducted) in the space where you intend to operate your lireased establishment: I Don't Know , 34. 40. IF YOU KNOW Telephone Number' of the current licensed operator - — � or the most recent licensed operator: _ I Don't Know if the 06&al Application is approved, I am the Person who will hold the License or I am a Principal of the Legal Entity that hill hold the License. Representations m this foam ate in full conformity with representatious made in documents that have been submitted (or documents that will be submitted) to the State Liquor Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in My document submitted to the Authority mtky result in revocation of wv license that mat be issued. - By my signature, I affirm - under Penaky of Pelrjutry - that the representations wade in this form are true. A-inted 7rmae Tit1a t Rig-t.. " /A ✓ 4, G. _. =` IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) a 36. now being operated (or that was most recently operated) I l]nu't Kn out i in the space where you intend to operate your licensed establishment: IF YOU KNOW - The alcoholic beverage- lioense serial number of the business 37, now being conducted (or that was most recently conducted) I Don't Know f ) in the space where you intend to operate your licensed establishment: ? 38. Ir YOU "C - The Typo of Alcoholic Beverage License held by the current (or most recent) licensed operator: I I3nn't Know ,n' 34. 40. IF YOU KNOW Telephone Number' of the current licensed operator - — � or the most recent licensed operator: _ I Don't Know if the 06&al Application is approved, I am the Person who will hold the License or I am a Principal of the Legal Entity that hill hold the License. Representations m this foam ate in full conformity with representatious made in documents that have been submitted (or documents that will be submitted) to the State Liquor Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in My document submitted to the Authority mtky result in revocation of wv license that mat be issued. - By my signature, I affirm - under Penaky of Pelrjutry - that the representations wade in this form are true. A-inted 7rmae Tit1a t Rig-t.. " /A ✓ 4, G. _. =` 0004 1 - No. 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. l June 22, 2010 POSITION ALL OCATION WIAWMNANCE FORM Title Bridee Overatin Engineer Department/Division Public 'works. Parks * Streets, Ilivision of En gineering Start Bate } / ) Original PR No. 2009146 Title Code No. 600J Salary $11.17 hi. ff))pp �1�f !ff Budget Function No. 13113001412002 Reason for appointment (check one) ® Status Change ® Reinstatement ❑ .Replacement ❑ Extension Type of Status Change (check one) lype of Appointment: ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ® Seasonal Comments: ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ® From Contingent Permanent to Permanent ❑ other Classification ® Exempt ® Competitive ❑ Non - Competitive Emplo Information; Name Lewis King - � SS# Address 159 Chester St. (I}OB City Buffalo State New York Zip Code 14208 ck r - ignatur,o ppoiriting A arity Date �I E _F _ Signature of Director of Budget ( Date Signature of Aden. Directo of Civil Service - - bate Send original copy signed by Dept. Head to Budget II AYC 9 6 1 10 8.58 2 -IM I C, Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget PO 1TI®N 1JOCA 1'I ®N MAINTENANCE FORM Title Bride Operating En Department/Division Public. Works. Parks & Streets. Division of En giueerin� Start matey '7//o Original PR No. 2009-146 Title Code No. 600.1 Salary $11.87 hr. Budget Function No. 13113001 - 412002 Reason for appointment (check one) ❑ Status Change 0 Reinstatement ❑ Replacement ® Extension Type of Status Change (check one) ❑ From 'Temporary to Provisional ® From Temporary to Permanent ® From Previsional to Permanent ❑ From Contingent Permanent to Permanent ® Other Tvne of AD nointment: Classification ❑ Permanent ❑ Exempt ❑ Contingent Permanent ❑ Competitive ❑ Provisional ❑ Non- Competitive ❑ Temporary ® Seasonal Comments: Emalo Information: N ame Robert Kreutinger SSA Address 50 Homer Avenue DOB City Buffalo State New York Zip Code T 14216 � Signatitr of -Appo' &- Authority Date Signature of Director of Budget Date Signature of Adm. Dire ' of Civil Service ate Send original copy signed by Dept. Head to Budget OHIO 8 .oAS[' Send or e-mail Civil Service a copy When. approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the porson(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the o Appointment Effective: i in the Department of Public Works Division of Streets to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Flat (Insert one) JEnter Starting Salary) : Starting Salary of $11.67 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY SEASONAL m m NAME Jerry Campbell ADDRESS 201 Comstock Ave. CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN, XXX - -3840 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16030001 TITLE CO DE NO 9624 BUDGET ACCT. OBJ, 412002 PROD. ID PERSONNEL REQ. NO 2009 -007 SALARY RANGE OF POSITION $11.67 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepnlak TITLE OF APPOINTING, AUTHORITY: Commiaeioner DATE: 5/ { ; - f �I SIGNATURE OF APPOINTING AUTHORITY: �`_ ORIGINAL + 3 COPIES TO: C ITY - :CLERK (ONLIFORE APPOINTMENT DATE) OTHER CONIES T O: . #6 - COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) #3 (Rev 1 -02) F� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35-2 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion I further certify that the person(s) named in Schedule "A" have been certified or approved by the H n ian Resources /Civil Service for the Appointment Effective: � 4 in the Department of Public Works Division of Engineering to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) tEnter Statling Salary) : Starting Salary of. $11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY Laborer 11 berm DPW DATE 7109 NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -)(X- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE James Francis 137 Vandalia Buffalo, NY 14204 BUDGET ORG. CODE 13113001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2009 - 035 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: s - NAME OF APPOINTING AUTHORITY: Steven J. Stepniak ji b TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 5f'(9IJ t SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) SE ASONA L f • T FLAT #3 (Rev 1 -02) [em In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appoint €nent(s) or promotion(s). I further certify that the person(s) named in Sehedt €Ic "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Parks to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary) : Starting Salary of: $11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP Morgan Travis 287 Choate Avenue Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2822 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT, OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 2009 -090 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: Steven J. Stepnialc - - TITLE OF APPOINTING, AUTHORITY: Commissioner DATE. 51.1-91 10 4 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) Title [ POSITION ALLOCATION MAINTENANCE FORM Department/Division Start Date Original Fly No. Title Code No. Salary Laborer 11 Public Ward. Farm m Streets• Division of En 'Weer' r c Lj 2009 -035 9624 $11,87fhr. Budget Function No. 13113001-412002 Reason for appointment (check one) ® Status Change Reinstatement ❑ Replacement Ej Extension Type of Status Change (check one) Tvpe of Amoointment. ® Permanent El Contingent Permanent Provisionl "Temporary Seasonal El From Temporary to Provisional El From Temporary to Permanent ® From Provisional to Permanent ® From Contingent Permanent to Permanent Other Classifacau'on El Exempt [ Competitive ® Non °Competitive Comments: Mr. Briunkworth last worked fo3r this denartmen( Seasonal Laborer H can November 13, 2009. Mr., Drinkworth is being reinstated to this oosihon. Emnlovee Information: Name Gerald Drinkworth SSA` Address 47 Marine, Drive, Apt. #I IF DOB City Buffalo Std New York LZip Code 14202 Soar o� Appc� Auto city Bate 40/0 Signature of Director of Budget D ate - Sioature of Adm. Lof Civil Service ( ate � .. . Send original copy signed by Dept. Head to Budget R R T10 1 02 42SBCSC Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance farm, City Clerk and Budget POSITI€IN ALL0CATION MAINTENANCE FORM - Title LAorer It 1 DepartmentlDivision Start Bate Original PR No, Title Code No. Salary Puiblic works. Parr 8S Streets Division of Emir ° °. 2009 -03 9624 Budget Function No. 13113001412002 Reason for appointment (check once) ❑ Status Change Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check true) `Pvoe of App©intment: ❑ Permanent ❑ Contingent Permanent ❑ Provisional ® Temporary Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ❑ From Provisional to Permanent ® From Contingent Permanent to Permanent ® Other Classification ❑ Exempt ❑ Competitive 0 Non -Competitive Comments: M.r. Nicometi last worked for this devartment as Seasonal Laborer H on January 24. 2010. Mr. Nicometi is being reinstated to dais position. Employee Information: Name Chester Nicometi - S# Address 89 Hoyt Street DOB C City Buffalo - - - - � State I New York Zip Code 1421 - .- . t y Si if Appoipiing Authority ` Date C-41 IZ I p Sijuature of Director of Budget I Date ( S*ateare of Aden. barector of Civil Semce Date Send original copy signed by Dept. Head to Budget HP 7'18 14-'23 38SB SC Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance foram, City Clem and Budget M 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. r� June 22, 2010 3 f ^ #3 (Rev I -02) f ; f In compliance with provisions of Section 24 -2 of the Chatter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this eerti5cation of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A' have been certified or approved by the Human ResourceslCivil Service for the Appointment Effective: I . in the Department of Public Works Division of Parks to the Position of Administrative Assistant Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Fiat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $39,940 LAST JOB TITLE Senior Clerk NAME LAST DEPARTMENT DPW DATE 3/10 ADDRESS LAST SALARY $34,646 CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9907 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGiTS OF SSN. XXX - XX- ���T����IiL���I" �iti�il��Ii�� +►PI�IITIIIiI�'������1L� Jacqueline Barnett 69 Crystal Avenue Buffalo, NY 14220 BUDGET ORO. CODE 14050001 TITLE CODE NO 1390 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -101 SALARY MANGE OF POSITION $39,940-$46,613 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepnia =_ TITLE OF APPOINTING. AUTHORITY: Co missiuner DATE: 31 91 - SIGNATURE OF APPOINTING AUTHORITY: . ; � � A ;' \ ORIGINAL + 3 COPIES TO: CITY CLERK (ONI866RE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #8- HUMAN SERVICESICIVIL SERVICE #7 - 13__ DGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) #3 (Rev 1 -02) E Certificate of Appointment 1 €t compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Bufl:flo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) na €ncd in Schedu €e "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 06/16/2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT ,(Enter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1" CI Stationary Engineer NAME Edward F. Anken LAST DEPARTMENT Buildings DATE 04/23110 ADDRESS 73 Houston Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -6866 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2006 ®004 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM! NAME OF APPOINTING AUTHORITY: Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 051 512010 SIGNATURE OF APPOINTING AUTHORITY: _ vk- _- ORIGINAL + 3 COPIES TO: CITY CLERK . (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S). #3 (Rev 1 -02) Certificate of Appointme : In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I tra nsinit this certification of appointments) or promotion(s). t further certify that the person(s) named in Schedule "A" have been certified or approved by the Huntan Resources /Civil Service for the Appointment Effective: 06/16/2010 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT JEntesr Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Charles A. Kulp LAST DEPARTMENT Buildings DATE 04/18110 ADDRESS 1015 Abbott Road LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -1163 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2008 -004 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepn TITLE OF APPOINTING, AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 0 25/201 0 ` 't SIGNATURE OF APPOINTING AUTHORITY: � ; L•- '`f`4_ ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10- EMPLOYEE(SI NONOFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS .tune 22, 2010 000 STATE OF NEW YORK. DEPARTMENT OF TRANSPORTATION t ,&/ PRESENT: DONALD A. BAKER, Director Office of Modal Safety and Security 1912 ■ 0i i �`j 1. Tc-t� At the Offices of the Department of Transportation in the County of Albany on May 27, 2010 CASE 37950 - Proceeding on Motion of the Commissioner of Transportation for a determination, pursuant to Section 95 of the Railroad Law, as to whether the public crossing at- grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT ##519 600R) in the vicinity of Mile Post QD2.07, should be altered. A proceeding having been instituted herein by order dated February 3, 2010, pursuant to Section 95 of the Railroad Law, seeking determinations as to whether the public crossing at -grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County, in the vicinity of Mile Post Q132.07 should be altered; and a hearing after due notice having been held March 17, 2010; and it having been determined that the said Beach Lead Tracks of CSX Transportation, Inc. should cross over Fuhrmann Boulevard and the multi -use path located west of Fuhrmann Boulevard, at- grade, and that the said crossings should be equipped with passive crossbuck signs, appropriate pavement markings and advance warning discs, all in accordance with the requirements of the Manual of Uniform Traffic Control Devices; and it having been determined that the order should also require that the New York State Department of Transportation, the City of Buffalo and CSX Transportation, Inc. work cooperatively to accomplish these alterations, and it having further been determined that upon resumption of rail activity, any trains operated by CSX Transportation, Inc. through the crossings should be required to stop in advance thereof, and not pass over until flagged through by a member of the train crew, it is: L That the Beach Lead Tracks of CSX Transportation, Inc. cross over Fuhrmann Boulevard and the multi -use path located west of Fuhrmann Boulevard, at- grade, and that the said crossings be equipped with passive crossbuck signs, appropriate pavement markings and advance warning discs, all in accordance with the requirements of the Manual of Uniform Traffic Control Devices. CASE 37950 2. That the New York State Department of Transportation, the City of Buffalo and CSX Transportation, Inc. work cooperatively to accomplish these alterations 3. That upon resumption of rail activity, any trains operated by CSX Transportation, Inc. through the crossings stop in advance thereof, and not pass over until flagged through by a member of the train crew. C -41 Office of Modal Safety and Security TJL-� REFERRED TO THE COMMITTEE OW TRANSPORTATION AND THE COMMISSIONER OF PUBLIC VC N 3 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION ADOPTED MAY 27, 2010 CASE 37950 - Proceeding on Motion of the Commissioner of Transportation for a determination, pursuant to Section 95 of the Railroad Law, as to whether the public crossing at- grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT #519 600R) in the vicinity of Mile Post QD2.07, should be altered. PETITIONER'S ADDRESS: Commissioner of Transportation, 50 Wolf Road, Albany, New York 12232 APPEARANCES: Bruce D. Feldman, Esq., Chief Counsel (by Donna K. Hintz, Esq., Associate Attorney), New York State Department of Transportation, Division of Legal Affairs, 50 Wolf Road, Albany, New York 12232, attorneys for the Department. Robert R. Robauer, Community Affairs and Safety, CSX Transportation, Inc., 205 Reiman Street, Buffalo, New York 14212, appearing for CSX Transportation, Inc. PETER S. LOOMIS, Chief Administrative Law Judge: By order adopted February 3, 2010, a proceeding was instituted pursuant to Section 95 of the Railroad Law to inquire as to whether the public crossing at -grade of the Beach Lead Tracks of CSX Transportation, Inc. (CSX) over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT #519 6408) in the vicinity of Mile Post QD2.07 should be altered to include a multi- use path and a change in the warning devices at the site. The order of February 3, 2010 further directed that a hearing be held as provided in Section 91 of the Railroad Law. A hearing on the matter was scheduled for March 17, 2010, at the New York State Department of Transportation's (NYSDOT) Regional Office in Buffalo, and notice of the hearing was published on March 3, 2010 in the Front Page - Lackawanna Editi ©n and in the Buffalo News. Affidavits from both newspapers are in the record. In addition to the publication, notice of the hearing was served by first class mail on approximately 40 businesses, property owners, government officials and others deemed to have a potential interest in the outcome of the proceeding. One of those was returned as undeliverable, having been addressed to Bidco Marine Group, 131 Grand Island Boulevard, Grand Island, New York 14072. At the hearing, sworn testimony was received from three individuals, and two exhibits were received in evidence. At the conclusion of the hearing, a public statement was made by Seyed CASE 37950 Ghasemi, P.E., Associate Engineer, Division of Engineering of the City of Buffalo. Those offering testimony were Douglas Ackerman, a design job manager in the Design Group of the NYSDOT office in Buffalo since 1994; Jimmy Tay, Regional Rail Coordinator at the NYSDOT Buffalo regional office, and who has been in that position since 2006; and Robert R. Rohauer, a Community Affairs and Safety Officer with CSX `Transportation, .Inc. at its Buffalo facilities. Douglas Ackerman testified that at the site of the at -grade crossing in question, NYSDOT intends to alter a multi -use path on the west side of the Fuhrmann Boulevard, making it 12 feet wide with an asphalt surface, and to downgrade the protection devices from active to passive. These actions will take place within the context of a larger NYSDOT project, which is a joint venture with the City of Buffalo involving the reconstruction of Fuhrmann Boulevard, a Buffalo city street, and New York State Route 5, a state highway, between the Buffalo River and the Union Ship Canal. Ackerman sponsored Exhibits 1 and 2 in evidence, copies of which are attached for convenience as Appendices A and B, respectively, and which depict existing conditions at the site in 2007, and the changes which are proposed. The existing multi -use path west of and parallel to Fuhrmann Boulevard is shown on Appendices A and B, together with a proposed additional path which will meet the existing multi -use path north of the at -grade crossing. In the 2007 view, the CSX tracks are moving in a northwesterly direction at the site, passing under Route 5, which is elevated, and then crossing over Fuhrmann Boulevard at grade. An asphalt and rubberized surface is proposed where the tracks across the path, Ackerman stated, and construction, which is currently underway, will be completed by October 2010. ,Timmy Tay, the Regional Rail Coordinator, has visited the site on at least two occasions, and during his last visit, observed that the tracks over Fuhrmann Boulevard and the multi -use path had been removed. An overhead traffic signal that had also existed at the site had also been removed. The area in question is mostly commercial and industrial, and Fuhrmann Boulevard is generally running in a north/south direction with no sight distance or profile issues present at the crossing. A traffic count taken on Fuhrmann Boulevard in 2001 reflected an Annual Average Daily Traffic (AADT) of 1600 vehicles. Were the petition to be approved, it. is proposed that passive crossbuck signs, together with pavements markings and advance warning discs be placed, all in accordance with the provisions of the Manual of Uniform Traffic Control Devices (MUTCD). Robert R. Rohauer stated that there is currently no rail traffic at the crossing, that there had been no rail activity at the site for "...at least two to three years." (Transcript, page 18, line 5), and that prior to removal of the tracks, the industrial spur had served a single customer. Were the petition to be approved, CSX would replace the tracks and work with NYSDOT to coordinate the effort and install whatever signage was to be required. Upon a resumption of rail activity, the track speed would be no more than 10 miles per hour and the railroad would likely utilize a stop and flag procedure. The railroad has no objection to the proposed alterations or the change from active to passive devices. 2 Speaking on behalf of the City of Buffalo, Seyed Ghasemi said that once construction is complete, the City would be responsible for maintenance of the trail together with the pavement markings and advance warning discs. Discussion and Recommendation: This proceeding was instituted on the Commissioner's motion to inquire as to what alterations should take place where the Beach Lead Tracks of CSX Transportation, Inc. cross over Fuhrmann Boulevard in the City of Buffalo. The evidence adduced at the hearing reflects that the CSX tracks in the area had been removed at some point, and that there has been no rail traffic at the site for two to three years, A traffic signal which previously controlled traffic at the location has also been removed. As part of the overall project to reconstruct Fuhrmann Boulevard and Route 5 between the Buffalo River and the Union Ship Canal, it is proposed that the tracks be reinstalled, and that the at -grade crossings over Fuhrmann Boulevard and the multi- use path west of Fuhrmann Boulevard both be equipped with passive crossbuck signs, together with appropriate warning disks and pavement markings. Only one customer was being served on this industrial spur before the tracks were removed, and the record is uncertain as to whether rail activity will resume. Were there to be rail activity, trains would be moving at no more than 10 miles per hour, and the railroad would likely utilize a stop and flag procedure. NYSDQT and the railroad are supportive of the proposed changes. The record is sufficient to enable a determination that the alterations as proposed would be in the public interest, and that public safety would be adequately protected. It is therefore recommended that the reconstructed Fuhrmann Boulevard and multi -use path cross over the Beach Lead Tracks of CSX Transportation, Inc. in the City of Buffalo, Erie County, in the vicinity of Mile Post QD2.07 at- grade, and that the said crossings be equipped with passive crossbuck signs, appropriate pavement markings, and advanced warning discs, all in accord with the Manual of Uniform Traffic Control Devices. It is further recommended that the order adopted in this case provide that CSX Transportation, Inc., the New York State Department of Transportation and the City of Buffalo work cooperatively to accomplish these alterations. Finally, it is recommended that the order provide that upon resumption of any rail activity, any trains operated by CSX Transportation, Inc. stop in advance of these crossings and not pass over them until flagged through by a member of the train crew. May 11, 2010 PSL:ll 3 � r C-� 1 CASE 37950 A A Exist Con d it ions 5 0 3 10 15 20 YSQ A erial (2007) scut c g p 0 acco initiative 45 Park St, Buffalo, ICY 14201 � Tel. 718.918.9925 www.publtc acwuntabillty.org Councilrr>Iember David Rivera 1504 City Hall Buffalo, NY 14202 Re: "Fishing for Taxpayer Cash" report on Bass Pro's record Dear Councilmernber Rivera: June 9, 2010 I'm writing io inform you of a new report from the Public :Accountability Initiative (PAI which I co- direct, and to request a meeting with you or a member of your staff to discuss its findings. Enclosed please find a copy of "Fishing for Taxpayer Cash: Bass Pro's Record of Big - League Subsidies, Failed Promises, and the Consequences for Cities Across America," co- authored by myself and Andrew Stecker, an analyst at PAL The report examines sporting goods retailer Bass Pro's record as a subsidized development anchor. Though the retailer frequently succeeds in winning major taxpayer subsidies, it often fails to deliver on promises of stimulating economic growth -- promises that were used to justify these public outlays. Two recent Buffalo News articles on the report are also enclosed. The report was prompted by the proposed Bass Pro store in Buffalo, which will be receiving $35 million in taxpayer subsidies for a new stare and tens of millions more for nearby parking and infrastructure. Even in the best and most prosperous of times, this kind of subsidy for an out-of-state retail company deserves careful scrutiny, but during a time of fiscal crisis and severe budget cutbacks, a close examination of this kind of public spending is imperative. PAI conducted research for the report by investigating a number of Bass Pro - anchored prcljects across the country. Projects anchored by the company's stores have won over $500 million in taxpayer subsidies, according to our estimates, but many are struggling to attract tenants and spur growth. A Bass Pro - anchored project in Mesa, AZ helped prompt a statewide ban on retail subsidies. The Public Accountability Initiative is a non - profit, nonpartisan research and educational organization focused on corporate and government accountability. PAI has received major national media coverage for groundbreaking research on Wall Street fraud, Washington lobbying operations, and conflicts of interest at the highest levels of the US government. Over the past several months, our reports and activities have received coverage in major outlets -AI/ such as the Washington Fast, the New York Times and the Philadelphia Inquirer. We saw Buffalo's Bass Pro project as a significant opportunity, in our own community, fora major accountability investigation. This report is intended to inform the choices of public officials who are considering subsidies for a Bass Pro- anchored project. For this reason, I am writing to request a meeting with you or a member of your staff, to discuss the report's findings and make sure that -you are aware of Bass Pro's record in other cities as the project: moves forward, with taxpayer support, in Buffalo. f I look forward to hearing from you. I can be reached at 718-916-0925. t 0- 411reCcuI C THE OMMITTEE °� REFE ON I E O M } t l'kishim foi `.f. C adl I Executive Summary 3 Introduction 5 Bass Pro's Big Promises 7 Chart: The Taxpayer Money that Fuels Bass Pro 9 Cases- Bass Pro's Record Across the Country 11 Maps: A Taxpayer- Funded wilding Spree 21 Evaluating Sass Pro's Promises, Counting the Consequences 23 !Focus Case: Proposed Bass Pro in Buffalo 27 Conclusion 31 l ishi tt tin '1'axtr }'er C;ash -- This report offers an in -depth look at Bass Pro's record as an economic development anchor in cities across the country. Bass Pro, an outdoor sporting goods store, has won hundreds of millions of dollars in taxpayer subsidies from cities and states by promising retail tourism, development, and economic revitalization. A review of Bass Pro- anchored projects shows that while Bass Pro itself tends to attract shoppers, it frequently fails to deliver on promises of economic benefits. The Public Accountability Initiative's initial interest in this subject was prompted by a Bass Pro proposal in Buffalo, NY. The report has a special focus on that proposal, which is typical of Bass Pro projects around the country. Key findings: 0 Bass Pro - anchored projects throughout the country have won over $500 million dollars in taxpayer subsidies. Bass Pro often fails to deliver on its promises as an economic development anchor and major tourist destination — promises which were used to reel in government subsidies. Its stores successfully attract shoppers, but often do not produce sought -after economic benefits associated with major tourist destinations. A Mesa, AZ development anchored by a Bass Pro has been described as a "ghost town" and "dead" and spurred the state to pass a ban on retail subsidies. a A taxpayer- subsidized Harrisburg, PA Bass Pro is struggling to attract tenants to the mail it anchors, leading to lawsuits, stalled renovations, and increasing stigma. Though the Bass Pro was expected to hire 300400 employees according to initial projections, it had hired only 101 employees three years after opening. A Bass Pro- anchored mall in Cincinnati, OH, is only 35% leased and has been described as "positively post - apocalyptic" and "pretty much on life support" by visitors. Taxpayers in cities across the country have been left with high levels of debt and fiscal stress as a result of Bass Pro projects. The Bakersfield, CA Bass Pro site — still in development - is home to a waterless ditch that was intended to serve as the store's canal. The site has sat vacant for ten years. Bass Pro has gone on a building spree over the past ten years that significantly undermines its claims that each new store is a major tourist destination. Bass Pro sometimes builds stores in close proximity to each other, despite having promised to maintain a store's attraction as a retail destination that will draw visitors from hundreds of miles away. — Fishing fur Tiaxpayer Cash Key findings about the Canal Side Project in Buffalo, NY: A proposed Bass Pro store is the cornerstone of Erie Canal Harbor Development Corporation (CHDC) plans for revitalizing Buffalo's waterfront, and the project includes $35 million in direct public subsidies for Bass Pro. Although the ECHDC has justified subsidies allocated to Bass Pro by arguing that the store would serve as an anchor tenant, the prospect of a Bass Pro at Canal Side has so far failed to attract additional tenants. The ECHDC's estimates of Bass Pro's tourist destination potential are significantly inflated. Its geographic market would barely extend beyond the limits of Western New York, due to the presence of stores in Auburn, NY, Toledo, OH, Toronto, and Harrisburg, PA. Bass Pro canceled plans for a store in Akron, OH due to a lack of perceived demand in Northeastern Ohio. l�isl�i�j� fi�r'taxt3a� =sir €�:islj "As the economy rebounds, it may be tempting for cities to one -up each other for revenue. But let's not forget Riverview's most important lesson: Retail is no panacea." - The Arizona Republic in a May 2010 editorial on lessons drawn from a Bass Pro - anchored development project. The paper had editorialized in favor of subsidies for the project in 2005. � >- W. i In regions dealing with economic hardship and diminishing tax bases, promises of jobs, development, tourism and revitalization can prove extremely difficult for political leaders to turn down, regardless of the substance underlying such claims. Bass Pro Shops, an outdoor sporting goods company, has perfected the art of making these promises to cities across the country. In location after location, the company and its proponents have claimed that a new Sass Pro store will be a panacea for the region's economic Ms, The same talking points are recycled in each market the store enters: Bass Pro will draw 2 to 3 million visitors a year from as much as 100 to 200 miles away, revitalizing downtown and waterfront areas, spurring further development, and garnering status as a major regional attraction. These claims have convinced political leaders in cities and towns across the country to give Bass Pro- anchored projects over $500 million in taxpayer funds, according to this report's estimates, even as experts of all political stripes discourage subsidies for retail development. Despite the amount of taxpayer money at stake, the claims that have justified these public outlays have gone largely unexamined. The following report does the long overdue work of investigating Bass Pro's claims by piecing together information from interviews, newspaper articles, and public records on Bass Pro projects across the country. A Sass Pro - anchored mall in Harrisburg has struggled to overcome vacancy and blight. I'i- d3ill; for 't' €XJ)a eJ Cash The report shows that in cities ranging from Harrisburg, PA to Mesa, AZ, Bass Pro often falls short on its promises as an economic development anchor and major tourist destination. Bass Pro stores do draw shoppers, but economic development and revitalization often do not follow, and cities are left to deal with consequences of the sort that they were trying to avoid when they subsidized Bass Pro's entrance, such as vacancy, blight, and fiscal duress. Furthermore, initial projections of the store's draw and its potential as a tax revenue generator are often inflated. Bass Pro has also gone on a building spree over the past ten years that undermines its claims that each new store is a major regional tourist destination. In 2000, Bass Pro operated 14 stores. In 2010, that number was 56. Even as stores are built in - close proximity, the company continues to claim that each store draws regional tourists from hundreds of miles away. The Public Accountability initiative's initial interest in this subject was prompted by a Bass Pro proposal in Buffalo, IVY. It brings a special focus to that proposed store, which would anchor a larger waterfront development project being overseen by the Erie Canal Harbor Development Corporation (ECHDC). Like cities across the country where Bass Pro has located stores, Buffalo and the ECHQC have largely accepted the company's promises about its potential as a boon to growth. Upon investigating these claims, we found significant cause for concern. This report is intended to help inform the choices of cities like Buffalo which are considering taxpayer subsidies for Bass Pro. 7 "They're on a very aggressive nationwide campaign, where they're promising towns the world." Marty Ward, a Little Flock, AR businessman, to the Baton Rouge Advocate .2 Bass Pro has repeatedly succeeded in securing generous offers of public subsidies from state and local governments throughout the country. Over the past 10 years, Bass Pro- anchored projects have won over $500 million in public subsidies, according to data compiled for this report (see chart in the next section). These subsidies have come in a variety of forms, including: direct subsidizing of building costs • property tax breaks • sales tax breaks • construction of adjacent parking garages and parking lots • renovation of buildings to accommodate a Bass Pro store • street repair, realignment, and expansion • expansion of utility grids • docks and wharfs to house and display Bass Pro products Economists and public policy experts from a wide range of political and academic backgrounds have condemned the use of public subsidies for retail development.' Bass Pro and its development partners address such criticisms by arguing that Bass Pro stores promote community benefits through economic development. To make its case, Bass Pro portrays the addition of a Bass Pro store to a community's retail offerings as a transformative event, the economic benefits of which far exceed the opening of similar big -box retailers, as well as all alternative development proposals. The following are the core promises Bass Pro makes as part of this public relations strategy. Example quotes provided are typically used repeatedly by Bass Pro and its press team. 1. mass Pro is a destination for regional tourists. Bass Pro touts its stores as "destinations" that incite consumers to travel further to visit their locations than they would to shop at other big -box retailers, Additionally, Bass Pro attempts to further distinguish itself from other retail stores by marketing itself as a tourist attraction, rather than a mere sporting goods store. LISA Today, July 2008: "Bass Pro Shop stores have assumed the status of a tourist destination, the company says, and some people are spending vacations driving from store to store . 114 2. Bass Pro is an exceptional anchor for economic development projects. Bass Pro markets itself as an anchor tenant that will attract other businesses to the areas and malls in which it locates. e - -- Fi,�Iliftg;u1 - Iaxpaycr C;asl) Bass Pro spokesperson Larry Whiteley, on developers seeking Bass Pro as an anchor tenant: "And they do that because they know that Bass Pro Shops is a draw and if they can get a Bass Pro Shops, they can also sign other tenants." 5 3. Bass Pro is a boon to local business and tax rolls. Bass Pro makes a point of arguing that preexisting businesses in each area where it locates will experience a surge in business, and that tax revenue will increase as a result. Bass Pro spokesperson Larry Whiteley on a new store in Alabama: "The other businesses in the area will be glad we're coming. They won't believe what it does for traffic, and they will benefit very much from it, as will the city and state taxes." 4. Bass Pro brings hundreds of Jabs to areas where it locates. Bass Pro promises that it will employ 300 employees in each location where it opens a store, in addition to spurring further job - creating development.' Each of these promises helps Bass Pro secure taxpayer subsidies from the cities and towns where it wishes to locate stores. Ultimately, they all add up to one important promise: that a Bass Pro store is the first step on the road towards a renewed economy and expanded tax base, and that taxpayer subsidies pay for themselves as a result. i'isllinfr fur ' ) ' axl aver Cash -- 9 pit 11 The following chart catalogues subsidies for Bass Pro - anchored projects around the country. Subsidies can include sales tax breaks, construction costs, infrastructure improvements, and other aid. Note that subsidies don't necessarily go directly to Bass Pro, but rather to projects that are Bass Pro - anchored (and in some cases, there are multiple anchors). The average Bass Pro- anchored project receives $29 million in taxpayer subsidies. Counting subsidies is an inexact science — this is not a comprehensive list. Taxpayer Subsidies to Sass :Pre- Anchored Projects In :Cities Acros:.thc Country City Subsidy Excerpt Sta u5 . - Mesa, AZ CC "in 2005, voters approved an $84 million tax incentive package for the completed development of the Mesa Riverview retail complex, hoping the development would represent an eventual sales tax generator for the city and help recapture Mesa's status as a major shoppi rig mecca." ( "Clash of the sporting... ", East Halley Tribune , 111512006) Manteca, CA CC "The mall's potential status as a regional attraction led Manteca to completed make a deal with developers under which the city will pay $61 million for road and facilities improvements and tease 1,900 parking spaces for use as a park - and -ride and emergency- preparedness staging area over 35 years.' ("Ground broken for huge outdoor mall in Manteca ", The Record) Altoona, IA CC "Those tax increment finance (TIF) revenue bonds, which will generate completed $56.47 million for the city to develop a Bass Pro Shop building and surrounding infrastructure, represent the largest bond issue the city has ever made, said Jeff Mark, Attoona's city administrator:" ( "Bond financing'a challenge'..:', Business Record, 1212012008) Denham CC "...,and in Denham Springs, La., where critics tried unsuccessfully to completed Springs, LA stop a $50 million package aimed at Bass Pro," ( "Bass Pro fishing for incentives nationwide," AP, 512412004) Decatur, AL CC "1n return for the estimated $200 million investment, the city would pay proposed $14 million for infrastructure and land at the site, and itwould grant an estimated $36 million in sales -tax abatements to aid in constructing the Bass Pro." ( "Contracts Win Unanimous Approval," US Fed News, 712912008) Buffalo, IVY CC "The public tab forthe proposed Canal Side projectis $154 million, proposed including $46 million to build four parking ramps and $35 million to build a Bass Pro store." ( "Canal Side project's public costs are put at $154 million," Buffalo News, 112712010) Birmingham, OC "Local governments agreed to about $33 million in bonds that will be completed AL paid off through sales tax revenue collected from a development distri ct that wilt include the store." ( "Bass Pro Shops store...", AP, 1 111 81200 8) Bossier City, CC "When Bossier City leaders near Baton Rouge wanted to land Bass Pro completed LA for their Louisiana Riverwalk complex, they put up $32 million for a parking garage, road and parking upgrades, and seawall improvements." ( "Bass Pro's Mystique," Buffalo News, - 211512004) Spanish f=ort, CC "In Spanish Fort, near Mobile, the city set up a cooperative completed AL improvement district that allowed it to increase sales taxes by 1.5 percent within the district over its existing citywide 1.5 percent sales tax. -The increased tax supported $30 million in bonds that Spanish Fort is using for infrastructure improvements within the development." ( "Spanish Fort reels in cheap Bass Pro," Decatur Daily, 51312008) Hanover MC "The authority would be able to issue up to $28.5 million in tax- free completed County, VA bonds to pay to build a four -lane road from the end of Lakeridge Parkway to Lewistown Road; to put in water and sewer lines; to acquire about 40 acres for a public park; and to construct parking lots." ( "Bass i Pro Eyes Site in Hanover," Times- Dispatch, 1012412006.) Harlingen, TX CC Martin said the EDC would issue between $26 million and $28 million proposed in sales tax revenue bonds to pay for construction costs, The debt will be paid using the half -cent sales tax already allocated for economic development." ( "EDC explains Bass Pro Shops Deal," Valley Morning Star, 51712010) _ 1 --- 1.ishinfy Orr €• `1 , 1Xp4 (.1J Gauls Independence, 25 °Cabela s rival Bass Pro received $25 million In STIF financing in 2006 completed MO fora $70 million project in Independence. Missouri that included a 160,000-square-foot store as well as a hotel and restaurant." ( "Skimming the Sales Tax ", Good Jabs First) Augusta, GA 25 "Bass Pro has secured local assistance for the project, including about proposed $25 million in tax - exempt financing arranged by the Richmond County Development Authority." ( "Bass Pro Shop construction delayed," Augusta Chronicle, 512712009) Broken Arrow, 24 "Officials in Broken Arrow, Okla., last week disclosed an incentives completed OK package totaling $24 million to lure a store from the Springfield, Mo.- based company to anchor a 65 -acre development in the Tulsa suburb." Garland, TX 23.7 "Last week, voters in Garland. Texas, approved up to $23.7 million in completed general obligation bonds to lure a Bass Pro." ( "Bass Pro fishing for incentives natfonwide," AP, 512412004) Prattville, AL 23.4 "The majority of the city's portion of the sales tax collections, up to completed $23.37 million, is being rebated to the company to help pay for the construction of the store." ( "Incentives Lure Retailers, but at what cast ? ", MonWomeryAdvertiser, 10/2012008) Portage, IN 20 "Construction of a 130,000-square-foot Bass Pro store started last completed month in the city of Portage in northwest Indiana after an incentive package was worked out that included $17.5 million from the city and $2.5 million in state incentives." ('Likely Bass Pro in Rossford Raises Issues of Incentives ", The Blade, 51912006) Bakersfield, 19 "Back in spring 2007, when news broke of the city's plans to proposed CA fast -track the Hosking Avenue interchange, cost was estimated at $35 million ... The city's share would be about $19 million with the balance paid by Bakersfield Gateway's developer." ( "Real estate column: Is interchange on a fast track or a cold freeze ? ", Bakersfield,com, oublishad 2/28/2009.) Oklahoma 17.2 "When Oklahoma City leaders sought a way to attract visitors to the completed City, OK city's emerging Bricktown entertainment district, they offered $172 million to Bass Pro Shops." ( "Bass Pro's Mystique," Buffalo Nevis, r Council 20 "Bass Pro, based in Springfield, Mo., got an incentive package worth "Cabda's - completed Bluffs, iA more than $20 million to come to the Bluffs." ( sees lure in Iowa incentives," Omaha Worldl-lerald, 613/2005) Hampton, VA 10.8 "And when community leaders near Norfolk, Va., wanted to attract Bass completed Pro to their development at Hampton Roads, they pledged $10.8 million." ( "Bass Pro's Mystique," Buffalo News, 211512004) Pearl, M5 8.2 "Under an agreement finalized last week, the Bloomfield Development completed will be eligible to receive about $5.2 million in sales tax rebates under the Mississippi Tourism Incentive Program, said Mississippi Development Authority spokeswoman Sherry Vance....MDAalso awarded $3 million for road improvements around the project," ( "Outdoor equipment store developer receive $8.1 million from state", AP, 113012004) Macon, GA 7.7 "The county lured Bass Pro Shops' distribution center, and beat out completed competing sites in Alabama and South Carolina, with a $7.7 million state and local incentive package, Topping said.' ('Macon reefs in Bass Pro," Atlanta Journal Constitution, 1115/2005) Harrisburg, PA 7 "The Bass Pro Shops project is getting $ 7 million from the state, most completed of which will go to local municipalities and authorities for infrastructure t improvements, according to Brian Ross, a development specialist with the Govemor'sAction Team," ( "Outdoor outfitters join hunt... ", Patriot News, 11114/2004) Rossford, OH 5 "Bass Pro President James Hagale publicly acknowledged plans for the completed Rossford store Oct. 17 after Wood County commissioners agreed to refund to Bass Pro 75 percent of the county's 1 percent sales tax on sales at the store for 10 years or until the company had recouped its construction costs ... In addition to the sates tax rebate, Bass Pro also is to receive $1 million from the Ohio Division of Wildlife for an outdoor education center." ( "Bass Pro Commits... ", The Blade, 11/1612006) f Rroposed $157 m illion In taxpayer subsidies —_ -- - ^_ _ Completed - - $567.5 million in taxp" r subsidies -- — Average $29 million in taxpayer subsidies per project f S . t.ishi€ t, iii €''1<iapa per Cash - > ' t The following is a series of case studies of Bass Pro - anchored projects in cities across the country. Since Bass Pro is a privately -held company, reliable data on its stores and sales is not readily available; the below information is pieced together from press reports, interviews, and other publicly- available documents. Rather than focusing solely on store performance, the case studies take a broader view of the economic development and public financing involved in each Bass Pro- anchored project. Several case studies take a close look at proposed projects that illustrate common patterns in Bass E'ro's marketing strategy and campaigns to win taxpayer subsidies. The city of Mesa offered $84 million of incentives for the Riverview waterfront development project, anchored by Bass Pro and Walmart. The proposal promised that Bass Pro and Walmart would act as magnets for mixed -use development." However, most tenants that did move into the new development simply relocated from nearby malls. These tenants included multiple car dealerships, and chain stores Office Max, Bed Bath and Beyond, Radio Shack, and Taco Bell. The anchor tenant Walmart was also a relocation rather than an additional store. The development therefore did not produce the increased sales tax revenues promised by the developers, as the tenants it did attract had already been generating tax revenue. The Arizona Republic recently editorialized that "critics were right when they said that Riverview would cannibalize retail from the struggling Fiesta Mall area." g This process created blight in areas of Mesa where businesses left their previous locations in favor of Riverview's incentives (see photo below). The former site of Scott Toyota after if moved to the Mesa Riverview. — I'istsin lip `► aapayer C astl (Jim Poufin /Phoenix Business Journal) Despite the relocation of these pre - existing businesses, the development has experienced difficulty attracting new tenants, as the claims that new business would spring up in the area surrounding a Bass Pro proved false. A year after the opening of Bass Pro, the Riverview development was described as "a ghost town" and "dead. "" Instead of producing a projected $5.7 million in annual sales tax revenue for the city, it has produced an average of $'1.7 million over four years. The Bass Pro - anchored Riverview development was among several disappointing large -scale publicly- subsidized retail developments that prompted consumer and business groups to lobby for a ban on public subsidies for retail stores, which was eventually passed into law by a bipartisan coalition of Arizona state representatives." Politicians from all levels of government have defended the ban against challenges from developers. The mayors of three Arizona municipalities articulated the harm caused to taxpayers and small businesses by subsidies for retail development in an Op-Ed entitled "Subsidy money for retailers is absurd ": When government gives taxpayer money to a favored business, it must tax the rest of the public with that missing share. Small businesses, or those less connected to government leaders, or those who cannot hire lawyers and lobbyists to fight for their own subsidies, are left holding the bag '13 Vacant and unfinished stores at the Bass Pro - anchored Harrisburg Mall. (John C. Whitehead/The Patriot -News) i s t i� f;zr'I axpayer {'mil 13 Harrisburg, PA14 Seven million dollars of state money was used to attract Bass Pro to the Harrisburg Mall, which was supposed to create hundreds of jobs and draw visitors from five states. However, the publicly- subsidized addition of Bass Pro failed to ensure the mall's success, and continuing difficulty in attracting tenants led to lawsuits against the developer, stalled renovations, and an unfinished streetscape that have stigmatized the mall. The Bass Pro shop itself was supposed to employ 300 -400 people, according to the store manager, but an Associated Press exclusive revealed that the Bass Pro employed only 101 in 2007, three years after it had opened. The Bass Pro store's manager recently told the Patriot Ledger that the store was doing well, despite problems with the rest of the mall. The first Bass Pro store opened in the company's hometown of Springfield, MO. While the store originally served as a showcase for what was then a catalog business, the store was expanded into a retail destination in the 1980's through the addition of gun and archery ranges, indoor waterfalls and fish tanks, and a taxidermy museum. The store quickly proved popular and attracted millions of shoppers, and nearby hotels began advertising their proximity to the store to attract tourists and other travelers." The 300,000 square foot store continues to serve as the company's flagship outlet, attracting 4 million visitors each year, according to the company. The company's hometown reputation has been damaged by the struggles of the adjacent Wonders of Wildlife, a large non- profit museum, zoo, and aquarium that has struggled despite receiving millions of dollars from city- wide hotel tax revenue, as well as from Bass Pro CEO Johnny Morris. Wonders of Wildlife closed in 2007 citing low attendance, and as of 2010 had begun a renovation that will include connecting the museum directly to the Bass Pro store in a second effort to draw some of the store's visitors to the adjacent publicly - funded attraction." Vacant storefronts in the Cincinnati Mali, a Bass Pro - anchored mall in Greater Cincinnati. The mall is struggling with a 65% vacancy rate. See http:// queencitydiscovery.blogspot.com /,20019/ ©3 /portrait -of- dead- malLhtm/ 14 — t ishi € €g for `t< €xpay r casi€ Cincinnati, CH Bass Pro has been an anchor tenant in the Cincinnati Mall, located 14 miles north of downtown Cincinnati, since 2000 (the mail first opened in 1989). Despite receiving some public subsidies over the years, the mall has struggled to attract shoppers. Two years after Bass Pro arrived, the mall was 27% vacant, and its owner sold it to Mills Corp, a large mall developer. Today, the mall is 65% vacant and its newest owner has pledged $10 million in incentives to lure shops to the mall. Though the surrounding mall has been described as "positively post - apocalyptic" by one visitor, and "pretty much on life support" by another, the Mass Pro does draw shoppers. Oklahoma City, OK2o Oklahoma City agreed to spend $19 million dollars to build a Bass Pro store to anchor the downtown canal side Bricktown redevelopment project. The city struck a deal to fund the store in exchange for quarterly sales reports, 1.5% of the store's annual. sales over $45 million, and a guarantee of no competing Bass Pro store within 75 miles. The conditions of this binding agreement, however, were significantly less stringent than what had been demanded by many citizens and some policymakers. The agreement was a negotiated response to intense political pressure surrounding the taxpayer handout to Bass Pro, which included lawsuits brought by concerned citizens and local businessmen. The store was constructed after multiple delays and requests for additional subsidies by Bass Pro. The store's sales have fallen short of the projected $38.5 million, and have not approached the $45 million milestone beyond which a portion would have been used to help the city repay the debt incurred to build the store. The Bricktown development — which the city expanded on by building the Bass Pro — receives positive reviews as a shopping attraction. Oklahoma City's assistant city manager, Cathy O'Connor, has credited the Bass Pro with attracting some retailers and offices to the area south of the Bricktown can al. However, due to declining sales tax revenues, Oklahoma City is considering not granting retail subsidies in the future. The city of Broken Arrow, a suburb of Tulsa, agreed to pay $24 million for infrastructure improvements requested by Bass Pro and its development partner. In justifying the construction of the Broken Arrow store, Bass Pro advocates argued explicitly that the store would attract business away from the Oklahoma City store, the same store that just a few years before they had trumpeted as a statewide attraction. The store is outside of the 75- mile no- competing -store radius required by Oklahoma City but still less than two hours away. As at the Oklahoma City store, sales at the Broken Arrow store came in below projections at first, though sales tax rolls increased after the store opened. The leasing agent for one new mall development in Broken Arrow told the Tulsa Wand in 2009 that the Bass Pro had helped trigger the construction of the mall and several other projects, including restaurants and a hotel. Bass Pro's development partner received $8 million in state subsidies to open a store in Pearl, a small city outside of Jackson .21 Construction of the Bass Pro store, along with an adjacent minor league Baseball Stadium, t i,hiaa {iu'l :tx��<<ze t..sl� 5 proved successful in generating increased sales tax revenue for the city, and in attracting additional businesses to the vicinity, including franchises Starbucks Coffee, Pizza Hut, and McDonald's. Bass Pro announced plans to open a store in Hampton Roads, outside of Norfolk, with $10,8 million in public subsidies in 2002. The store joined Lowe's as an anchor tenant in the Power Plant development, replacing a planned Super Kmart. The use of taxpayer subsidies to attract Bass Pro drew criticism from concerned citizens and local businessman, and became a major issue in the 2002 municipal elections. However, based on projections of increased tax revenue, the city struck a deal with Bass Pro, The Power Plant development subsequently attracted additional tenants, helped spur additional development in the vicinity, and likely contributed to increased sales and property tax revenues in Hampton Roads in the following years .27 Bass Pro anchors a successful development in Hampton, VA. The Dallas area suburb of Garland took on $24 million of debt to secure Bass Pro as the anchor tenant of its mixed -use Harbor Point waterfront development project. The development was built, but several lots remain vacant, and the planned hotel was delayed. Additionally, the sales tax revenue generated by the development is less than the debt payments owed on the bonds issued to construct the project, threatening the municipality's fiscal situation. Residents have complained about the development's failure to complete promised landscape improvements, 29 and businesses have complained that their locations' visibility is restricted by the large Bass Pro store. The original developer is now seeking to sell its portion of the development for $29 million." 6 — Fihjin for I Jay r .ash Bass Pro opened as the anchor tenant of a publicly - subsidized development in the suburb of Spanish Fort. The proposal called for the municipality to use increased sales tax revenues from Bass Pro and the businesses it would attract to pay the debt incurred for construction. One year after opening, the mail was struggling to attract additional tenants, and expected annual sales tax revenues of $1.2 million came in at only $700,000. The lackluster economy likely contributed to the poor showing; Spanish Fort's mayor, as well as store managers at the complex, attributed the problems to the economy. The publicly- financed Spanish Fort Town Center has struggled financially, despite being anchored by Bass Pro. ( Press - Register /John David Mercer) This suburb of Toledo spent 14 years attempting to reel in a Bass Pro before the store finally opened at a highway interchange known as the "Crossroads of America" in 2008. The deal tools so long because the county had to lobby the state legislature to change state tax law so that Bass Pro could receive sales tax rebates. Under the deal, 75% of sales tax collected at the store will be returned to Bass Pro over ten years (an estimated $4 million). In 2009, after the store had been open for a year, a Toledo Blade article titled "Bass Pro's Allure Falls Short' noted that additional retail development had failed to follow the megastore's opening, though it had been predicted by local officials that the area around the Bass Pro would "bustle with development." The lack of commercial real estate activity was attributed to the presence of big box retail stores not far from the site, though the poor economy may have also contributed to the lack of additional development. t i5hiil gF fol 4 - Cash - 17 !. This Iowa city across the state border from Omaha, Nebraska entered a complex financing arrangement to support a Bass Pro project near the Mid - America Center, a local sports arena, in 2404. The deal involved a local community foundation taking out a $20 million loan to build the store, then deeding it to the city, which was slated to repay the foundation with $17 million in urban renewal notes and a grant from Iowa West, a local casino - backed foundation '34 Two years after it entered the arrangement to build the Bass Pro, the city was unable to repay $12 million in debt incurred during the building of the Mid - America Center, due to a lack of anticipated development and subsequent tax revenue . The city was forced to negotiate new terms with Iowa West, the area foundation that had made the loan. The Bass Pro was built to help the city attract retail to the area around the sports arena; according to the Omaha World - Herald, the store was "expected to bring restaurants and shops to The Plaza, a proposed retail area next to the Mid - America Center." Its record has been mixed. On the one hand, at least one developer, Continental Real Estate, decided to build an outlet mail nearby in part because of the Bass Pro. But one Council Bluffs councilwoman, Lynne Branigan, was hesitant to authorize that developer's letter of intent because much of The Plaza remained vacant. She told the developer that "What I don't want to see is another shell of a building sitting there empty. " Bass Pro itself appears to have done well, another Council Bluffs councilman noted that the store was "packed with shoppers" on a recent weekend in March, 2010. It was hoped that the Bass Pro in Council Bluffs, lA would attract tenants to this outlet mall, called „ The Plaza. "As of 2008, a Council duffs councilwoman referred to it as a vacant "shell of a building." Bass Pro proposed opening a store as the anchor tenant of the Waterwalk waterfront redevelopment project in downtown Wichita. Bass Pro asked for generous subsidies and public assistance in addition to a $33 million package that had been granted to the developer during the initial planning of the development. Bass Pro requested that the city finance the construction of its parking garage, and stated that it would build its store in Oklahoma City if Wichita would not grant these concessions. Bass Pro simultaneously courted the city of Topeka, which eventually granted subsidies to Bass Pro's competitor Cabela's. The Bass Pro and Waterwalk development issue became politically contentious as a newly elected mayor, Carlos Mayans, resisted Bass Pro and the developer's demands, and turned down Bass Pro's offer to fly him to their headquarters in Spingfield, MO. Bass Pro eventually abandoned plans for a Wichita store and built in Oklahoma City 38 — Fi:d incy f6r Tlixpayer Cash Bass Pro spent several years discussing opening a store as the anchor tenant in a massive open -air shopping development, the construction of which would partially cover a wetlands basin. Bass Pro was Offered $20 million in public subsidies, but the development became stalled in court when a judge revoked the building permit approved by the U.S. Army Corps of Engineers because they did not require an environmental impact statement before issuing the permit. Bass Pro proposed opening a store as the anchor tenant of the Venetian- themed Grand Canal, a planned mixed -use development adjacent to a derelict canal. A groundbreaking ceremony was held in 1999, but the development flzzled. The project was revived several years later in the form of the Bakersfield Gateway, and called for the city to spend $19 million on the construction of a new highway interchange for the Bass Pro store. The project has collapsed once again, although Bass Pro insists that plans are ongoing. The site, including a waterless ditch that was supposed to serve as the retail destination's canal, sat vacant for ten years after the initial Sass Pro proposal," Bass Pro first expressed interest in opening a store in the Pyramid, an abandoned sports arena, in 2005. The store would act as an anchor for commercial redevelopment of the downtown waterfront .42 Bass Pro's plans for the arena seem reminiscent of those proposed for Buffalo's Memorial Auditorium, which was eventually demolished. As in that case, Bass Pro has expressed some concerns regarding the feasibility of renovating the Pyramid .13 City of Memphis officials gained state approval to finance the arena's renovation with sales tax revenue in early 2010, after years of repeated delays and missed deadlines .41 In April 2010, Bass Pro announced an opening date of November 2011 for the store. Memphis mayor A. C. Wharton stated that the city had begun discussing a lease agreement with Bass Pro, 45 and that a team of city officials would travel to Bass Pro headquarters for further talks." After that meeting, it was revealed that communications between the city and Bass Pro had broken down." The process was revived in early May when the city announced that it would spend all $42 million of its federal stimulus bonds to finance the Bass Pro project. A lease has not been signed.'' Beauty Queens ride a gondola through a waterless ditch at the groundbreaking ceremony of the Bass Pro - anchored Errand Canal development in 1999. Neither the store nor the development was ever built, (Sarah Weingewirtz/The Californian) 9 Bass Pro currently has one store in Memphis, ten mikes from the store planned for the Pyramid .49 Bass Pro has proposed opening a Bass Pro store in the abandoned Pyramid Arena in Memphis, similar to its proposal for rehabilitation of the Memorial Auditorium in Buffalo. Governor tad Rendell offered Bass Pro a subsidy package of $25 million in 2005 to build a store in suburban Washington County, but stalling by Bass Pro, the opening of a Cabela's in nearby Wheeling, WV, as well as legal action by concerned citizens and businessmen delayed the project repeatedly. Several developers have attempted to revive the project, but none have moved beyond the planning phase. Bass Pro claims that it is still planning to build a store at the site, and the state is spending $30 million to expand a nearby thruway interchange in hopes of luring the store .12 Greenville, SC53 (proposed) In 2007, the South Carolina state legislature tried to craft a $9 million public incentive package to attract Bass Pro to Greenville. Governor Mark Sanford opposes public assistance for retail and vetoed the bill, but his veto was overridden. Still without a Mass Pro, upstate legislators have crafted a bill that would pave the way for more tax breaks and public incentives of $50 million. Governer Sanford has maintained his opposition to retail subsidies, setting up another possible showdown over the issue. 0 — t' €s}llil� t(31' till �7:iV[ t' Cash in April 2008, Bass Pro announced it would build a store in Augusta after securing $25 million of public financing 14 The opening was set for fall 2000, but Bass Pro delayed construction citing the economy, and the site has since sat vacant. r . is • M• Developers have mentioned luring Bass Pro as an anchor tenant of a massive shopping center across the Mississippi river from St. Louis, which already has a Bass Pro store. However, the legislation that would allow sales tax revenue bonds to be issued to pay for the project has been delayed in the Illinois General Assembly after multiple studies showed that the public funding of retail projects in the area would drive down property values and sales tax revenue. LT ., !11111 11 1! Bass Pro has floated the idea of building a store somewhere around West Palm Beach for over ton years .57 The company claims a store there would attract 3 million visitors per year, even though another Bass Pro currently stands less than one hour away by car in Ft. Lauderdale." The company has yet to decide on a site, and the project has had trouble securing financing, as the city is facing a budget shortfall of up to $117 million and would likely be unable to meet Bass Pro's standard demand for public subsidies. f, R i a In April 2010, Harlingen's Economic Development Corporation announced it would finance the construction of a Bass Pro store with $26 million of sales tax revenue bonds. Bass Pro and its development partners claim the store will generate 2,000 jobs,s° They also claim that that the project will generate over $26 million dollars in sales tax revenue, although they do not emphasize the fact that sales tax revenue would need to be used to help pay the debt incurred through the construction of the store.6' A 1 ishilig fol (_ ash s s y t �E w f. h Bass Pro markets itself as a regional destination that will draw tourists from as far away as 100 -200 miles. While this may have been true ten years ago, the company has gone on a building spree over the past decade that appears to undermine this claim: Bass Pro operated 14 stores in 2000, spread throughout the country; today, that number is 56, and many of the stores are in close proximity 62 The following two maps illustrate Bass Pro's rapid growth in the region surrounding Buffalo, NY, where the company is currently slated to build a store. The first map shows Bass Pro locations in 2002, around the time when the company's plans to come to Buffalo were first floated publicly. Each circle has a radius of 100 miles, at the short end of the range of driving distance claimed by Bass Pro stores. Bass Pro's proposed location in Buffalo is also shown. .; =3 � akea z f Kf€19 ton `e 1 iCu Ls Cat? lci NOW' Ctr qrp <4J end AC `loIe:, 6 l �. 3 /q x, l.in�s, toe €�yfipld Y JJSt ,rse Newt' -ork Wow � Kokni €€ ; � r?rt c nfon Prl tt�l�r�h f�rena lanns3 Ala 019 Ind% Whitt >- '_ cTrnto trill€ 1 u J I f -1 _elP9fk S. < r 1. IEa�lp�11$ P � _ er3ntirtlt3 Ohna 1 Virgin {d: hi8fitsDnf�lJr�SY Bass Pro Locations RA 4— (Circles have 100 mi radius) RnrrJCke 1 2 7O This map shows Bass Pro locations in the same region in 2010. The close proximity of the stores means that the 100 -200 mile driving range claimed by company officials actually overlaps for many stores. This would appear to undercut Bass Pro's status as a regional attraction. X - t 7O This map shows Bass Pro locations in the same region in 2010. The close proximity of the stores means that the 100 -200 mile driving range claimed by company officials actually overlaps for many stores. This would appear to undercut Bass Pro's status as a regional attraction. l isl.ing for'f'iaxpaycr casli 23 "We have a [five -acre] listing over there, and I can tell you it has seen very little activity. There is nothing going on with it, no action on it at all." Germano Bressan, commercial real estate agent, about the area around the new Bass Pro in Rossford, OH Evaluating Bass Pro's Promises, Counting thle Consequences The case studies of Bass Pro projects in the previous chapter demonstrate that Bass Pro has consistently employed the same arguments in justifying its receipt of taxpayer handouts, yet has often failed to deliver the results it promises. Far from being surefire, Disney World -type attractions, Bass Pro stores often fail to spur growth and do not produce outsize economic advantages for the cities that subsidize their arrival. Furthermore, many cities are dealing with high debt loads and declining fiscal situations as a result of spending on Bass Pro projects. The following is a review of Bass Pro's promises w- what the store is able to deliver on, and where it falls short. 'I. Bass Pro is a destination for regional tourists. The notion that Bass Pro stores are major regional attractions is a crucial plank in the company's marketing strategy. Bass Pro stores appear to consistently attract high numbers of shoppers, many of whom are willing to go the extra mile to enjoy the unique experience of a Bass Pro, and the company's stores appear to have put cities such Hampton, VA and Pearl, MS on the map as regional retail destinations, as well as its hometown of Springfield, MO. In general, however, Bass Pro's status as a surefire regional attraction does not stand up to scrutiny. For one, the premise underlying the company's claims about its potential to attract regional tourists appears to be flawed. By marketing itself as a tourist attraction, rather than a big -box store, Bass Pro is able to make inflated claims about the number of "tourists" its stores attract, including claims that several of its stores are the largest tourist destinations in their respective states S The typical Bass Pro store has been described as attracting 2 to 6 million visitors annually."' If true, such tourist visitation figures would put a Bass Pro store on par with the Statue of Liberty and the Grand Canyon. „ s In evaluating the accuracy these claims, it is worth noting that shopping visits do not equal tourists. Many malls claim tens of millions of visitors, but many of these are repeat visitors 6' Bass Pro's tourism claims are also undermined by the company's own recent business strategy, which has involved the construction of many stores in close proximity (see map in previous section). The case of Oklahoma City and Tulsa, detailed in the previous section, illustrates that Bass Pro sometimes does not uphold its promises of its stores becoming „ statewide” or "regional" tourist or shopping attractions. In that case, the Oklahoma City Council agreed to limit the no-competing-store clause in their agreement to a 75 -mile radius, allowing construction of the store in Tulsa, and shrinking the geographic draw of each store. While it has helped put several towns on the map, generally Bass Pro's transformational effect as a tourist destination appears to be limited. 24 — i €inn f , n, xl)aYt, tit &i7 2. Bass Pro is an exceptional anchor for economic development projects. As an anchor tenant in larger development projects, Bass Pro's performance in attracting tenants and further development has often fallen short of its projections. Bass Pro stores in cities like Broken Arrow, OK and Hampton Roads, VA have helped attract commercial development and tenants, but Bass Pro - anchored development projects in Rossford, OH, Mesa, AZ, and Spanish Fort, AL have experienced varying levels of failure in this respect. While Bass Pro argues that it will attract other businesses, Bass Pro's design and placement of its stores often inhibits development in the area. Bass Pro's self - contained stores generally include large parking garages or lots directly adjacent to the store, as well as one or more restaurants /bars within the store building. By limiting foot traffic to the area between parking and the store entrance, Bass Pro's design discourages shoppers from visiting competing businesses located in the immediate vicinity, When it does attract additional tenants, Bass Pro can sometimes attract existing businesses away from nearby locations — leaving cities like Mesa to deal with problems of vacancy and blight outside of the subsidized area, Vacant wing at a Bass Pro - anchored mail in Greater Cincinnati. 3. Bass Pro is a boon to local business and tax rolls. Cities that lure Bass Pro stores frequently fail to experience the increased traffic at existing businesses and additional tax revenue predicted by the company. This problem is especially evident at Bass Pro's store in Greater Cincinnati. Vacancy rates at the Bass Pro - anchored mail there have increased 38% since 2002 (Bass Pro opened in 2000). '-s Even as Bass Pro attracts shoppers, commercial property in close proximity has been all but abandoned. l isltit� t{�t''laxi� yet C:asi� — Some Bass Pro stores succeed in generating increased tax revenue for the cities where they locate, however. Manteca, CA saw its sales tax revenue increase in 2009, despite the poor economy. This has been attributed to a Bass Pro store the 70 4. Jobs. Bass Pro promises to deliver 300 jobs in most locations where it plans stores. Bass Pro job fairs sometimes turn out thousands, and it appears that the company does follow through in hiring employees (though data is largely unavailable). The Harrisburg, PA store hired fewer employees than expected, however. Bass Pro had only hired 101 people three years after opening, despite its receipt of public subsidies." Most jobs at Bass Pro are sub -par and likely to increase social safety net costs. According to glassdoor.com, a typical sales associate at Bass Pro makes $8.67 per hour. 72 These kinds of wages, typical of big box stores, coupled with a lack of (or poor) benefits, often add to the social safety net costs of the communities where these stores are located, according to an analysis by Greg Leroy, a subsidy expert at Good Jobs First." s: - s Bass Pro's business strategy of taxpayer - funded growth has left some cities struggling with the problems they sought to address by landing a Bass Pro store; lackluster development, fiscal distress, and in some cases, vacancy and blight. Rather than leveraging taxpayer dollars, Bass Pro - anchored projects can multiply costs associated with development projects. By tailing to attract additional tenants, these projects leave cities dealing with lower -than- expected tax revenues, as well as vacancy and blight that may not have existed before. High levels of public debt associated with financing the projects leave towns struggling to deal with negative fiscal situations, as has been the case in Garland, TX. And because Bass Pro tends to offer poor wages, taxpayers are likely forced to reckon with hidden social safety net costs. Bass Pro itself continues to fare well — in part, no doubt, due to its success in winning subsidies — but taxpayers are sometimes left holding the bag when promised benefits of development, tourism, and increased tax revenue fail to materialize. Fi,13111 C: Ish 27 p► �+' Bass Pro has discussed opening a store near the downtown waterfront of Buffalo, NY since at least 2002. The current plan has been developed and advanced by the Erie Canal Harbor Development Corporation (ECHDC), a subsidiary of New York State's economic development corporation. The ECHDC was created in 2005 with a mission to "revitalize Buffalo's inner and outer harbor areas and restore economic growth to Western New York, based on the region's legacy of pride, urban significance and natural beauty." The ECHDC has selected Bass Pro as the anchor tenant of its Canal Side project, with plans to redevelop over twenty acres of waterfront land at a cost of $300 million. Though the Canal Side project is being built out in multiple phases, the Bass Pro - centered phase is the cornerstone of the ECH DC's efforts to develop Buffalo's waterfront. ECHDC chair Jordan Levy conveyed the importance of Bass Pro to the project in a public forum on May 25, 2010: "We created this image that it's all about Bass Pro, but it is. We need them. We need them to be here because they bring other tenants, private sector tenants who want to be a part of this. Without them we have to find another anchor. Without an anchor we will have a very difficult time building this project... I'd love to tell you that there is a Plan B, but I frankly would be lying. We don't have a Plan B. Why don't we have a Plan B? Because there is not another major tenant opportunity in this country willing to come to Buffalo. I want you to understand that. With all the subsidies that people claim we're throwing at them, no one else wants to come to downtown Buffalo. Think about the demographics. Think about the issues. There's lots of places to go. It's a big world. It's a big country. It's a big state. " Of the projected $295 million budget for the Canal Side project, $140 million is allocated for private development. The cost of the publicly - funded phase of the project is approximately $155 million, of which 23 %, or $35 million, would pay for the construction of the building housing the Bass Pro store, and $41.5 million would pay for parking infrastructure that supports the Bass Pro store. In defending their decision to center the Canal Side development on a subsidized Bass Pro store, the ECHDC has adopted talking points used by Bass Pro and cities across the country to justify the company's receipt of public funds. Examination of ECHDC's planning process for Canal Side, including the designs and Fishingf r'1'ax. environmental impact statements for the project, as well as the analysis of the case studies above, suggests that the Bass Pro - anchored Canal Side project is unlikely to meet expectations. The ECHDC has justified the subsidy to Bass Pro by arguing that as an anchor tenant the Bass Pro store will help attract additional tenants to the development, and will promote the overall economic development of the area by increasing retail traffic. The ECHDC claims that the project, if fully completed, will lead directly to the creation of over 1,600 jobs, and will generate over $180 million in state and local tax revenues over a thirty year period.'s However, an examination of the Canal Side plans and planning process suggests that Canal Side could be left underdeveloped, with sales tax revenue and job growth failing to meet ECHDC's projections. The Canal Side plan calls for a phased build -out of the project. This means that while the publicly - funded Bass Pro and its supporting infrastructure would be built as part of the initial phase, most of the promised development of additional retail stores, restaurants, offices, hotels, and residences would occur at the discretion of a private company, Benderson Development, with no guarantee that it will take place." Just as Bass Pro has failed to fulfill its promised role as an anchor tenant in cities like Mesa, Harrisburg, and Garland, the proposed Bass Pro for Canal Side has proved a disappointment even before construction has begun. After the ECHDC spent years arguing that a Bass Pro at Canal Side would necessarily cause other businesses to open there, the President of ECHDC stated in May 2010 that the prospect of Bass Pro as an anchor tenant had not helped attract additional tenants, and that the announcement of a Bass Pro store opening provides no immediate business benefit. This reluctance on the part of other prospective tenants may be partially explained by the physical arrangement of the Bass Pro store, which would discourage Bass Pro shoppers from walking the neighborhood. A taxpayer - funded parking garage will be built underneath the Bass Pro store ' 79 and the company's standard restaurant would be located within the store, allowing shoppers to park, shop, and dine without leaving the Bass Pro complex. This design suggests that proximity to a Bass Pro store may not prove attractive to other prospective tenants of Canal Side, and that the presence of a Bass Pro store downtown will not necessarily lead to increases in sales tax revenue or jobs based on greater traffic to the area. But the Canal Side development could potentially have a negative impact on sales tax revenue, as taxpayers will be subsidizing a big -box retailer and chain restaurant to compete with pre - existing businesses that are already generating tax revenue. It remains unclear whether the ECHDC's economic projections account for sales tax revenue and jobs lost by pre- existing businesses that will be forced to compete with the subsidized Bass Pro and restaurant. Retail 'Tourism The presence of dozens of Bass Pro stores and other outdoor retailers within close proximity of the proposed Buffalo store casts some doubt on the suggestion that a Bass Pro store would attract tourists. Bass Pro stores are currently located in cities near Buffalo, including Auburn, Toronto, Harrisburg, and Toledo. The Canal Side store would likely draw shoppers from Erie or St. Catherines, but even that situation would remain insecure, as Bass Pro could build an additional store close to Buffalo. Another cause for concern is Bass Pro's 2007 decision to abandon plans for a Bass Pro in Akron, OH due to a perceived lack of demand in Northeast Ohio."' ECHDC claims that Bass Pro is sure to draw regional tourists should be greeted with healthy 1"i"hilig G1811 - 29 skepticism. Educational, Cultural, and Museum Components Many focal citizens, whose interests the ECHDC is supposed to serve, have called for a development that recognizes the history of the Erie Canal and provides an educational venue for students to study local history and Ecology 82 Bass Pro's claim that its stores possess a cultural and educational value based on their inclusion of taxidermy displays and fish tanks has therefore proved especially critical in securing subsidies through the ECHDC. The ECHDC's position that a Bass Pro store will provide sufficient cultural and educational value to the Canal Side development allows it to funnel taxpayer money to this private retailer while ignoring alternative proposals from organizations and individuals more familiar with cultural and educational development. Bass Pro's involvement in the Canal Side project has allowed it to gain access to public money allocated for the redevelopment of Buffalo's inner harbor. Although the proposed decorative canal system for the development will not allow boat access to the waterfront, it will allow the company to display boats and fishing equipment for sale, and to hold demonstrations promoting these goods. The Canal Side plan also calls for the publicly - subsidized construction of waterfront docks to display and store Bass Pro sale items.113 I "Mesa Riverview Teaches Lessors As Economy Rebounds," Arizona Republic, 511112010, http: / /www.azcentral. com /commu nity/ mesa /articles /2010105 /11120100511 mesa - riverview- economy.htmi 2 "Bass Pro is Fishing Everywhere: Company getting public to fuel growth," Baton Rouge Advocate, 512512004. 3 "Key Studies on Wal -Mart and Big -Box Retail - Subsidies ", New Rules Project, www.newruies.org. Accessed on 5111/2010. http: / /www.newruies.org /retail /key- studies- walmart- and- bigbox- retail #9. See also "Deal Breaker: A Critique of Phoenix's Subsidy of CityNorth ", by Byron Schlomach. Goldwater Institute, www.goidwaterinstitute.org. Accessed 511112010. htip: / /www.goidwaterinstitute .org /article /2164. 4 "Malls get creative...," USA Today, 7117 /2008. 5 "Communities across the country...," NPR: Morning. Edition, 9/112003. 6 "Bass Pro Shop Lands in Baldwin," Press Register, 31512004. httpJ /www.baidwineda,com /news /bassLprc shop_lands_in_baidwin,htm 7 See: "Bass Pro Shop Coming to East Peoria," htip: l/ www .centralillinoisnewscenter.com/ news /local/93711839.html; "New England's First Bass Pro Store," http: / /wwwl .whdh.comtnews /articles /sports /BO58977/; "Bass Pro Shop's Coming to Harlingen ?" http. 8 "Arizona Lawmakers Pledge to Ban Big -Box Subsidies ", published November 10, 2005 by New Rules Project. Accessed 511012010. http: / /www,newrules. org /retaii /news /adzona- lawmakers- pledge - ban - bigbox- subsidies. 9 "Mesa Riverview Teaches Lesson As Economy Rebounds," Arizona Republic, 5111/2010, http: /Iwww.azcentral. com /community /mesalarticies /2010/05/11/20100511 mesa- riverview- economy.htmi 10 "Some local car dealers shifting gears, closing" by Lynn Ducey. Phoenix Business Journal, December 12, 2008. 11 "Mall Wars: Mesa Riverview vs. Tempe Marketplace ", by David Woodfill.East Valley Tribune,January 20, 2008. 12 "Arizona Bans Tax Breaks for Retail Development ", by Stacy Mitchell. New Rules Project. Accessed 5/10/2010. http: / /www.newruies. org / retall/ news /arizona- bans4ax- breaks- retail- development. 13 "Subsidy money to retailers is absurd ", by Jim Lane, Hugh Hallman, and Vernon Parker. The Arizona Republic, Phoenix Edition, June 6, 2009. 14 "Outdoor outfitters join hunt for micistate customers in Pennsylvania ", by Ellen Lyon. The Patriot -News, November 14, 2004. "Successful investment and turnaround strategies for distressed mall properties ", by Larry Feldman. Accessed 5110/2010. ht tp:/ /www.larryfeldman.org /. "Swatara Township officials hope for a renaissance at the Harrisburg Mall ", by Sharon Smith. The Patriot -News, April 29, 2010. "Harrisburg Mall, Colonial Country Club sold at sheriff's auction ", by John C. Whitehead. The Patriot -News, July 9, 2009. 15 "Swatara Township officials hope for a renaissance at the Harrisburg Mall ", by Sharon Smith. The Patriot - News, April 29, 2010. 16 "Who cares about prices? Bass Pro Shops hooks customers with tuna and taxidermy." CNNmoney.com. March 1, 2005. http: / /money.cnn. com / magazines /business2 /business2 archive /2005/03/01/8253125/index.htm. Accessed 5/25/2010. 17 "Wonders of Wildlife re- opening date unchanged ", by Jennifer Muzinic. Springfield Business Journal Online, December 12, 2009. http: / /sbj.net /main. asp? Sectionl D= 18 &SubSectioniD= 23 &ArticlelD= 85913. Accessed 5125/2010. "Leaders hopw new WOW museum does wonders for local tourism ", by Mike Landis. KY3 News, April 28, 2010. http: / /www.ky3 .com /newsllocal /92379299.html. Accessed 512512010. 18 "Owner Ready to Fill Cincinnati Mall," Business Courier of Cincinnati, 4/9/2010. (Accessed at hUp: / /ci n cinnati.bizj ournals.com /ci n ci n nati /stories /2010/04/12 /story l . html) 19 Yelp reviews of Cincinnati Mills Mall: http: / /www.yelp. com /biz/cincinnati- mills - mall- cncinnati 20 "Bass Pro Shops in Broken Arrow and Oklahoma City release end -of -year sales ", by Kelley Chambers, The Oklahoma City Journal Record. January 17, 2007. "Bass Pro Figures Flat ", by Ben Fenwick. Oklahoma Gazette. December 14, 2005. "City council approves Bass Pro Shops deal ", by Matt Maile. The Oklahoma City Journal Record. May 22, 2002. "Lawsuit challenges Bass Pro shop deal ", by Matt Maile. The Oklahoma City Journal Record. March 27, 2002. "OKC Council approves extra Bass Pro funds ", by Darren Currin. The Oklahoma City Journal Record. September 24, 2003. "OKC Council votes to negotiate with Sass Pro Shops ", by Matt Maile. The Oklahoma City Journal Record. March 6, 2002. "OKC's Bass Pro sales fall short of consultant projections ", by Brian Brus. The Oklahoma City Journal Record. April 19, 2005. 21 "Recession spurs Oklahoma cities to reconsider notion of retail development incentives," Journal Record, 9!2!2009. 22 "BA Receives $38,089 From Sass Pro Shops ", by Rod Walton. Tulsa World, March 28, 2006. "Bass Pro Shops in Broken Arrow and Oklahoma City release end -of -year sales ", by Kelley Chambers.The Oklahoma City Journal Record. January 17, 2007. 23 "Welcomed Growth," Tulsa World, 81212009. 24 "Outdoor equipment store developer to receive $8.1 million from state" Associated Press newswires. January 30, 2004. Accessed 5126/2010. 25 "Baseball, Bass Pro boost Pearl's Revenue ", WAPT.com. April 10, 2007. Accessed 512612010: http: / /www.wapt.com /news /11606741 /detail.html "A Hit Out of the Park ?" The Clarion Ledger, May 13, 2006. Accessed 5/2612010: http : //www.bloomfieldm s.com/ assets / templates /bloomfield /images /news /news 051306.pdf. 26 "Bass Pro, Power Plant Drive Hampton, Vs. City ouncil Campaigns ", by Susan Friend. Daily Press, March 17, 2002. Accessed 5126/2010, http: / /www.accessmylibrary.com /article -1 G1-120508833/bass- pro- power- plant.html 27 "Property taxes bolster city's budget: Hampton residents are paying an increasing portion of cost of running the city" Daily Press, January 18, 2009. Accessed 5/2612010: http:/Iit.tmcnet.com/news/2009/01/18/3922743.htm 28 "Bass Pro tax rebates are slow to pay off for Garland ", by Frank Trejo. The Dallas Morning News, July 10, 2008. 29 "Harbor residents want promised landscaping improvements ", by Richard Abshire. The Dallas Morning News, July 26, 2009. 30 "Garland's signage rules worry tenants hidden by Sass Pro Shops ", by Ray Leszcynski. The Dallas Morning News, duly 30, 2009. 31 "Harbor Point Offering Memorandum ", Marcus & Millichap Real Estate Investment Services. Accessed 5/1012010. hUp ://www.vitorinolevygroup.com/ assets /brochures /harbor_point.pdf, 32 "Spanish Fort Town Center hanging on; Mayer says the center will 'make do' until economy turns ", by Mike Brantley. Mobile Press - Register, August 23, 2009. 33 "Spanish Fort Town Center hanging on; Mayor says the center will 'make do' until economy turns ", by Mike Brantley. Mobile Press - Register, August 23, 2009. 34 "Bass Pro plan approved by Bluffs council," Omaha World Herald, 6129/2004. 35 "Bluffs can't pay $12 million debt," Omaha World Herald, 3/2612006. 36 "Outlet Mall Moving Forward," The Daily Nonpareil, August 26, 2008. Accessed at http : / /www.shopdesigneroutiets.com /Continental Nonpareii.pdf 37 Interview with Carlos Mayans, April 27, 2010. 38 Interview with Carlos Mayans, April 27, 2010. 39 "Bass Pro's foray into Arkansas held up in court ", by Matt Wagner. Springfield Business Journal, December 8, 2008. 40 "Real estate column. Is interchange on a fast track or a cold freeze ?" by Gretchen Wenner. Bakersfield.com, published February 28, 2009. Accessed on 511012010. http 365315302/Real- estate - column -is- interchange -on -a -fast- track -or -a -cold- freeze. 41 "Real estate column: Is interchange on a fast track or a cold freeze ? ", by Gretchen Wenner. Bakersfieid.com, published February 28, 2009. Accessed on 5/10/2010. http: / /www.bakersfield.com /news /business /kern /x1365315302 /Real - estate - column -Is- interchange- on- a -fast- track -or -a -cold- freeze. 42 "Memphis and Bass Pro working on lease for Pyramid, Wharton says ", by Amos Maki. The Commercial Appeal, April 20, 2010. 43 "Earthquake issue delays Bass Pro Shops' Pyramid deal ", by Amos Maki. The Commercial Appeal, April 2, 2010. 44 "State gives initial OK to using sales fax to help fund Pyramid upgrade for Bass Pro", by Richard Locker. The Commercial Appeal, April 19, 2010. 45 "Memphis and Bass Pro working on lease for Pyramid, Wharton says ", by Amos Maki, The Commercial Appeal, April 20, 2010. 46 "Pyramid, Bass Pro Talks Move to Lease Terms ", by Bill Caries. The Memphis Daily Mews, April 20, 2010. 47 "Bass Pro Talks Go To Blackout ", by Bill Dries. The Memphis Daily News, April 30, 2010. 48 http: / /www.comrnercialappeal.com /news/ 2010 /may /20 /idb- endorses- citys- bond - request 49 Bass Pro Shops, Memphis, TN store page: http : / /www.basspro.com /webapp /wcs /stores /servlet/CFPageC? storeld =10151 &catalogld=10001 &langld = -1 &applD =94 &storelD =27. Accessed on 5/1012010. 50 "Bass Pro Shops lured by state ", by Tim Schooley. Pittsburgh Business Times, June 25, 2004. 51 'ranger Factory Outlet opens tomorrow ", by Janice Crompton, Pittsburgh Post - Gazette, August 28, 2008. 52 "Makeover slated for Meadow Lands exit ", by Kathie O. Warco. The Observer - Reporter, April 15, 2010. 53 "Greer may lure major retailer ", by John Boyanoski. The Journal Watchdog, February 25, 2010. 54 "Bass Pro Shops still plans Augusta store ", by Rob Pavey. The Augusta Chronicle, March 3, 2009. 55 "Augusta's Bass Pro Shops may face delays ", by Mike Gellatly. The Aiken Standard, October 19, 2009_ 56 "Trustees get UTC update ", by Steve Rensberry. The Edwardsville Intelligencer, April 16, 2010. 57 "Palm Beach Mail reps talking to IKEA, Bass Pro ", by Alexandra Clough. Palm Beach Post, January 15, 2010. 58 "Bass Pro Shops scouts downtown West Palm location ", by Alexandra Clough. Palm Beach Post, August 23, 2009. 59 "Dramatic cuts forecast in county's law enforcement, with shortfalls looming" by Jennifer Sorentrue. Palm Beach Post, March 30, 2010. 60 "Harlingen hooks Bass Pro ", by Gabriel Saldana. Valley Moming Star, April 30, 2010. 61 "EDC explains Bass Pro Shops deal ", by Gabriel Saldana. Valley Morning Star, May 6, 2010 62 http // web.archive,org/ web / 20020604071 419 /www.outdoor -world .com /site /index.cfm 63 "Bass Pro's allure falls short: Rossford store fails to draw the hoped -for development," The Blade, 7/8120019 64 "Major new retail development in Prattville - Montgomery Area to feature Bass Pro Shops ",Bass Pro Shops News Releases, May 6, 2005. 65 "Bass Pro Shops to Open New Store in Harlingen, TX ",Sass Pro Shops News Releases, April 30, 2010. "Rossford Ohio Holds Groundbreaking! ",Bass Pro Shops News Releases, August 27, 2007. "Leeds Alabama Construction Update ",Bass Pro Shops News Releases, May 12, 2008. 66 "Palm Beach Mall reps talking to 1KEA, Bass Pro ", by Alexandra Clough. Palm Beach Post, January 15, 2010. 67 "Walden Galleria ",Blue Outdoor, www.blueoutdoor.com. Accessed on 5/11/201 O.http: / /www.blueoutdoor .com /malldetail.aspx ? mallid=l 5. 68-Bass Pro Shops in Broken Arrow and Oklahoma City release end -of -year sales ", by Kelley Charnbers.The Oklahoma City Journal Record. January 17, 2007. 69 "Owner Ready to Fill Cincinnati Mall," Business Courier of Cincinnati, 41912010. (Accessed at http: / /cincinnati.bizjoumals .com /cincinnati /stories /2010/04/12/storyl .html) 70 http: / /www.mantecabulletin .com /news /archive /11072/ 71 "AP Exclusive: Subsidized Pa. firms fall short on job promises," AP, 10/27/2007, 72 http: l /www.glassdoor.com /Salary]Bass- Pro - Shops - Salaries- E9192.htm 73 "Development Expert Urges Livable Wages," Buffalo News 5/1412010. http : / /www. bu ffalonews. com / 2010105114/ 10501021development -expe rt- urges -I iva ble. htm l 74 "Jordan Levy Discusses Future of Buffalo's Waterfront," WNED, May 25, 2010. http:l/www.publicbroadcasting.netlwned/ news. newsmain /artictelO /011654864/WNED- AM.970.NEWS /Jordan. Levy. Discusses, Future.of.Buffalo's.Waterfront 75 "Erie Canal Harbor Development Corporation: Project Status ",Erie Canal Harbor Development Corporation, www.oriecanalharbor.com. Accessed 5/ 10/ 2010 .httD: / /www.eriecanalharbor .com /Drolect ,status_asp. i lu a j 76 "Canal Side Project: Draft Generic Environmental Impact Statement ",Empire State Development Corporation, September 2009, Table 7.5 -2. 77 "Canal Side Project: Draft Generic Environmental Impact Statement ",Empire State Development Corporation, September 2009, Section 3.7. 78 "Bass Pro expected to sign lease within a few months ", by Mark Sommer,7'he Buffalo News, May 16, 2010. 79 "Canal Side Project: Draft Generic Environmental Impact Statement ",Empire State Development Corporation, September 2009, Section 3.6.1. 80 "Canal Side Project: Final Generic Environmental Impact Statement ",Empire Stale Development Corporation, January 2010, Section 2.4.2. 81 "Bass Pro Shops decides against Akron ", by Randy Roguski. cleveland.com. Accessed on 5/11/2010. hftD.I lbl oa. cleveland.comlbusiness/2Qt17/11 /bass tiro shoos decides_ aciainst.html. 82 "Canal Side Project: Final Generic Environmental Impact Statement", Empire State Development Corporation, January 2010, Chapter 3. 83 "Canal Side Project: Draft Generic Environmental Impact Statement ",Empire State Development Corporation, September 2009, 3 -8. 3uffalo eom! j �'` 1keport - doubts Bass Pro on tax, job estimates By Mary Sommer NEWS STAFF REPORTER Updated: June 02, 2010, 7:00 am I Published: June 02, 2010, 12:30 am At the Cincinnati Mall, which Bass Pro Shops has anchored since 2000, the vacancy rate rose from 27 percent to 65 percent. In Harrisburg, Pa., the Bass Pro store that was supposed to hire a minimum of 300 employees had one - third that number three years after opening. In Mesa, Ariz., a waterfront project partly anchored by Bass Pro attracted mostly existing businesses from nearby locations, leading to vacancies and lower sales tax revenues. Those and other findings are contained in a report being released today that suggesta publicly subsidized projects involving Bass Pro—the designated anchor tenant for Buffalo's $294.8 million, 20- acre Canal Side project — may not always be as successful as advertised at boosting local businesses and tax rolls and providing jobs, even though the stores themselves attract large numbers of visitors. Erie Canal Harbor Development Corp., which oversees waterfront development, expects the outdoor gear - chain, based in Springfield, Mo., to sign a lease by August, after years of delay, and to open by Memorial Day 2012. "We're not questioning how great it would be to get hundreds of dollars in increased tax revenue and thousands of new jobs," said Andrew Stecker, who co-authored the report with Kevin Connor of the Public Accountability Initiative, a Buffalo research organization that focuses on corporate and government accountability. "We're questioning whether or not publicly subsidizing a Bass Pro project will lead to that result." Jordan Levy, chairman of Erie County Habor Development, and other oficials there believe that Bass Pro offers Buffalo the best chance in decades to develop the waterfront. The harbor agency, a subsidiary of Empire State Development, expects Canal Side to eventually generate $359 million in local, state and property tax revenue over a 30 year period and to create 1,670 jobs on a site without any economic activity since Memorial Auditorium closed ini 1996. "Bass Pro is the No. 1 destination retailer in the country today. They drive extraordinary amounts of traff°ic," Levy said. "We need them because they bring other tenants, private-sector tenants who want to be apart of this. Without them, we will have a very dificult time building this project." Canal Side estimates, which Levy said were on the "conservative side," call for 2.5 million visitors, including Bass Pro traffic. Bass .Pro spokesman Larry Whiteley said its 56 stores, using turnstiles to track store visitors, average 3 million apiece. He said the stores, which are frequently subsidized, are sought by developers because they are a magnet for other retailers. "If a developer gets a Bass Pro store," Whiteley said, "all these other retailers are going to come and fill up the development, too." The privately held Bass Pro, which ranked 158 on the 2008 Forbes list of "America's Largest Private Companies," with $2.65 billion in annual revenue, is a tourist destination that, with Cabela's sporting goods, is unrivaled in the industry, said Tom Doyle, spokesman for the National Sporting Goods Association. Still, the new report, presents a mixed record of Bass Pro as a catalyst for economic development and revitalization. The study found Bass Pro's claim to be a regional tourist destination has dimmed in the past decade, with the company quadrupling its number of stores and in some cases reducing the distance between them. It has opened locations in suburban Toronto and Auburn in Central New York, both within a two - hour drive of Buffalo, with another proposed near Pittsburgh. The study also found that initial estimates of Bass Pro's potential to generate taxes were often inflated. "The promises the company makes to the cities and towns which have subsidized its growth are certainly alluring, but this report shows numerous Bass Pro stores have failed to Will the company's promises as a growth engine," it concludes. Eric Lander, a local commercial real estate consultant with an emphasis in retail, reached similar conclusions after working on three large -scale developments anchored by Bass Pro in the Midwest. Lander conducted marketing analysis and revenue forecasting for projects in Columbia and Independence, Mo., and Olathe, Kan. Economic development claims at the time, he said, were similar to those made in Buffalo. The result, he said, was "limited success" in luring tenants. "My feeling is Buffalo is a city that is always looking for that home run. That's what I think they were sold here, this home ran. My feeling is, it's probably a single at best." Hotelier David Hart, a former chairman of the Buffalo & Erie County Convention and Visitors Bureau, said his 77- room boutique hotel a mile from the Auburn Bass Pro hasn't benefited. "It's nice to have [Bass Pro], but it hasn't changed the dynamics of the hotel business in Auburn.. The multiplying effect starts when someone stays overnight, and my sense is that you have a lot of day trips," he said. The Canal Side project involves $154 million in public subsidies, with $35 million to build the Bass Pro store. Indirect subsidies to the chain include a $17 million, three -level parking ramp under the store. Richard Hastings, of Charlotte, N. C., a consumer strategist for Global Hunter Securities, an investment bank, said the amount of subsidies for Canal Side, including Bass Pro, raises the stakes for success ---- and failure. "Those are some big numbers," he said, repeating it. "The whole municipal area is putting a lot of hopes on this." Levy said paying subsidies is often the price of luring successful retailers. Bass Pro, he said, was the only potential anchor tenant interested in coming to Buffalo. "Operating is really where the rubber meets the road," Levy said. "If they didn't believe they could do the kinds of numbers for a store that size -- stocking inventory, staffing, the general operational costs, the utilities — they wouldn't open the store." The company, he said, will invest tens of millions of dollars to lure customers "between Rochester and southern Ontario, northwest Pennsylvania and all of Western New Fork." e -mail: msommer(a).buffnews.corn s 'S ......w _... mac «» �_...... ---.• __.- .,...T �».. N SA-, w Commentary Wonn Esmonde: giveb By Donn Esmonde News Columnist Updated: June 06, 2010, 9:53 AM / Maybe it is not too late to get a rebate. Failing in that, we at least ought to guard our flanks, hang on to our wallets and lock down some taxpayer protections. It is obvious that, in going after a Bass Pro mega hunting -and- fishing emporium, we gave away the store. According to a report this week from the Public Accountability Initiative, a nonprofit group that looks into government issues: Bass Pro's growth blunts its power as a regional draw, it often fails to spark heavy spin-off developments, and it otherwise does not fully justify the boatload of tax dollars that communities throw at it. It gets worse. Perhaps no other Bass Pro- luring community of the 25 places cited in the report bends over as far backwards as we do. The fact that Johnny Morris &Co. still are not officially committed to coming makes you wonder how workable they think this thing is. "It is an extremely generous package, even. by Bass Pro standards," said report co- author Kevin Connor. The report partly confirms the obvious. Bass Pro has nearly four times as many stores as 10 years ago (including two within a two -hour drive of Buffalo), which undercuts the "destination" value of each. Although projections here are for upwards of two million annual customers, for many of them it is a one -stop destination. Customers tend not to wander onto surrounding streets, which the planned Canal Side shops and restaurants need. All of which argues for givebacks on our giveaways. We have done everything but beg Bass Pro to come here. And I suspect that knee pads are on order. We are willing to build Bass Pro a store, at a cost of $35 million tax dollars. Along with it comes $41 million of underground and next -door parking needed by the big -box retailer. The proposed 20 -year lease collects a mere $1 annual rent and requires just a$600,000 annual maintenance fee. Jordan Levy, Larry Quinn and others on the Erie Canal Harbor Development Corp. Board say the outlay is needed in backwater Buffalo. Said Levy in a recent public forum, "No one else wants to come to downtown Buffalo." No they do not—and we have only ourselves to blame. We have done little of the spadework that leads to step- bystep development—like creating public waterfront spaces, and building roads and bridges to bring people to them. But that approach takes time, vision and communal self-belief—all of which are in short supply here. Instead, we end up forking over a taxpayers' ransom for questionable, mega- project "remedies" that - more often than not ---do us more harm than good. It is no way, in my mind, to build a community. It is not too late—given that no deal is signed —for Erie Canal Harbor o1f`icials to watch our backs on Bass Pro. Protections suggested by Eric Lander, a local commercial real estate consultant, range from penalties for store closure, to a ban on other stores within 100 miles, to givebacks on above - projection sales. Unfortunately, I cannot picture our local officials pressing the point. A Common Council push for living wages for Canal Side workers was skewered by Levy as a potential project killer. Levy also warned, in the wake of this report, that critical media coverage might kill the fish. I'm sorry, but if this project was built on strong legs, it would take more than above - minimum wages and some media scrutiny to topple it. Particularly with $154 million in taxpayer subsidies propping it UP. But 1 do not anticipate second thoughts from Erie Canal Harbor officials hell-bent to land Bass Pro at as we have seen- -any cost. Which leaves us bending limbo -low to a big -box retailer that will not, if history is a guide, deliver nearly what is promised. Buddy, can you spare a rebate? desmonde@bufffiews.com ua.+-l'i 1 Ci) k.uliv NO. 159 ®Q1 1 p f 1 _ F l- e The Mambership of the Buffalo lmsted Parks Conservancy recently held their Annual Meeting at the Marcy Casino in Dekaware Parke, Anne Harding Joyce Will serve I s the new Chair of the Board of Trustees for a two gear term. Ms. joyce joined the Conservancy board in 2005 and currently sits on the Govemance, Institutional Advancement and Gala PlOnning Committees. ATme Harding Joyce is the former Chair of Buffalo Prep and is a board member of Goodwill Industries, Amherst Central Alumni Association, Inc., and the Niagara River Greenway, Eluffato and Erie County Standing Committee. plsrrenee D. Johanson and Car `. Mucci were elected slice - Chairs, Ms. JO.stson joined the Dlwted board in 2007, and is a member of the uffalo Board of Education. Garr Mucci, who joined the Ohnstad board in 2006, was most recentty seer Ty- lie serves as counsel ai f & Barclay, LLP. J. Joseph (ferry) Castiglia W as a steel Treasurer. Castigha is the former ()hosted board chatrman and he is the retired Vice C hairman, Pr ident and Clap of Pratt & Lanlbe4t United. Kevin Kelly vas elected Secretary. Kelly joined the Ohns ,d board in 2006 and is President of Dda % vare North Companies barks and Resorts. N@W trustees elected to serve $ -year terms were: Richard Cummings, Clarke F. F rton, Jr., Philip C'., Kadet and Edward F. Walsh, jr. Cummings, active with the Conservancy since 2002, is Chief Financial Officer of American Rated Cable and Communications, Inc.; EatoA is the owner of &ton Associates, Inc.; ka is retired managing partner of Lumaden & McCormi k, LL.P, and Walsh is Chief Operati officer of Walsh Duffield Companies, Inc. 'trustees olected to serve an addi 'anal 3-year term were; Florence Johnson, J. Joseph Cas '9I1a, Victor Rice and Herb Siegel Those also serving on the OInts Board of Trustees; Karen Artisan, Jaycee Attardo, J ey Barbeau, David J. Carrigan, S usan J. Elkin, Dorothy Ferguson, S. Jay Ferrari, Robert J. Kresge, AI Pawlowski, MR7 Lawley Ross, William R. Rupp, Andrea Schillaci, Mary Simpson, Heidi Welsby and Deborah Lynn WtHiamo. Emeritus trust are: Jean Boner, Mark V. Mistretta, Corinne Bice, Gretchen Toles Other highlight of the Annual Itreeting imluded the Year in lleviM presented by the Conservancy`s President and CEO, 'Thomas Ier. era- IVlMter. Tfustees recognized for their service and dedication to the historic pants were: David J. C 01figan, Chairman for the past two years and trustees leaving the Board. Richard F. Griffin, Ann Louise imi;n elli, J'aanes Iglewiski, James W, Derrick. ## REC EIVED I 1�arkii�c T,ndge R4 Pgrkci$c Avenue 13ttMln, NY 14214 p( J(716)81-9-000 uRVtv.br10})1rkq.ifr, �� 06/07/2010 88:86 OLMSTED CONY NO.148 D81 IJUPPALO CONSERVANCY rn��urrtitr� parks � + >pfC For Immediate Release. June 7, 2010 For More Irdarllnation. Jay 'Pest Cireclui cl, 716-838,-1249 ext. 17 iov@b a k$ -or U Pub Input o the Jesse Kregal Pathway Improvement Project in Delaware Park (formerlycalled the Scajaquada Trail project) Tuesday, f une 22, 2J10 5. - 7:30 p .m. { Marcy Casing 199 Lincoln Parkway Buffalo, NY 14222 The Buffalo Olmsted Darks Conservancy will unveil upcoming work and desigrt plans for the Jesse Kregal Pathway improvement p1>aject in Delaware Park. The- $1.2 million pathway, lighting and signage project is located behind, the Buffalo and Brie County Historical Society Museum and funded through NYPA for the Niagara Fiver Greenways. The meeting is free and open to the public. Community input and feedback is welcome and encouraged. For more information: Greg Robinson, Olmsted Park Conservancy's Lamdscape Architect, gregObflaparks.org . The Buffalo Olmsted Parks Co.rtservancy is a not - for - }profit, independent, community organization that promotes, preserves, restores, enhances, and ensures maintenance of ftederick Law Olmsted-designed parks and parkways in the Greater Buffalo area now and for future generations. In 2008, the Conservancy released its Flare for, the 215' Century, a blueprint for the management and restoration of the entire park system. Listed on�the National and State Register of Historic Maces, the Olmsted system in Buffalo is the First of it kind in the nation designed by America's greatest landscape architect. The major Olmsted Peaks in Buffalo are Cazenovia, Delaware, Front, Martin Luther King, Jr., Riverside and South Parks. 'Visit www _8FL0Park��.org for more details. #4# R)rkside Ludge 84 FlAside Avenue Bullalu, NY 14214 p(71(r) 838 - 1249 f(716) 836 - 130q w v.bilo arKorg Water tem o o o pa - i W010 3 YS s, Buffalo Water Board Chairperson: Oluwolc McFoy Vice Chairperson: Donna Estrich Gerald E Kelly William L. Sunderlin City of Buffalo alo Commissioner of Public Works, Parks & Streets Steven Stepniak Monthly W ater B; /a / Repo May 2010 1 '-' 0 Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging and Development Services (PPDS) Provider Date: June 8, 2010 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board nneeting scheduled on June 7, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 3, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 37 —April 2010 4, Fully Executed Phase IV Application and Certificate for Payment No. 22 -- April 2010 5. Phase III Application and Certificate for Payment No. 38 — May 2010 6. Phase IV Application and Certificate for Payment No. 23 —May 2010 7. Phase V Application and Certificate for Payment No. 6 — May 2010 8, Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase Ill Project — April 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project — April 2010 11, Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — April 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV-- April. 2010 441V Ok IS 4 STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE 0 THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350 Internet Address: http://www.dps.state.ny.us PUBLIC SERVICE COMMISSION GARRY A. BROWN Chairman PATRICIA L. ACAMPORA MAUREEN P. HARRIS ROBERT E. CURRY JR. JAMES L. LAROCCA Commissioners May 2010 Dear Community Leader: A ICI ° PETER McG5 AN General C unsel JACLYN A. RRILLING Secretary I am writing to ask for your help with our "Energy Efficiency Use less energy. Save more green." summer public awareness campaign. We want to inform the people in your community about steps they can take to use less electricity but still keep cool this summer, and also update there on this summer's electricity outlook Energy efficiency measures will help residential and business customers control their summer energy costs, protect the environment, and assist the state in meeting peak electricity demand. A key feature of our public awareness campaign is a comprehensive energy efficiency Web site that provides one -stop shopping for consumers interested in information on energy efficiency programs and services, how to get the most out of their energy dollar, and energy - related financial assistance and tax credits. The site is accessible through a prominent, attention - getting banner found on the www.AskPSC.com Web site. You can play a major role in spreading the word about the importance of energy efficiency as an effective way to lower energy hills. We have enclosed copies of our "New York's Electricity Outlook Summer 2010" fact sheet and "Energy Efficiency. Use less energy. Save more green." tip strip and poster with information on how your community can reduce energy use, save money and help the environment this summer. The www.AskPSC.com Web site and our toll -free information line (1- 888- AskPSC1) are featured on all of our outreach materials. Please place these materials in high4raffic areas and join us in a statewide effort to encourage everyone to he energy efficient this summer and throughout the year. We have also enclosed a self - addressed, postage -paid card if you would like to order additional copies of the enclosed free materials. Please contact Jeff Wagner of my Consumer Policy staff by phone at (315) 428 -5183 or by e -mail at jdwa@dps.state.ny.us if you have any questions, would like to discuss ways we can work together to inform consumers about utility issues, or want to schedule a presentation from our staff on electric, gas or telecommunication issues. Thank you for your assistance with this important effort. DETERRED TC3 F . CO., V Enclosures Sincerely, Douglas Eifner Director Office of Consumer Policy U.S. Department of 11milelantl Security 0 5 0 500 C Stwet, SW W'aslmnti ton, DC 20472 j FEMA .Tune 5, 2010 David A. Franczyk President, Buffalo Common Council 1308 City Hall Buffalo, New York 14202 Dear Mr. Franczyk: C 5 o - . I r / r 46 Thank you for the letter dated March 4, 2010, from James N. Jackson, Legislative Assistant, Buffalo Common Council, to W. Craig Fugate, Administrator of the Federal Emergency Management Agency (FEMA), Department of Homeland Security. Mr. Jackson's letter enclosed the Council's resolution, dated March 2, 2010, regarding the preliminary Digital Flood Insurance Rate Map (DFIRM) for Erie County, New York (All Jurisdictions), dated December 31, 2009. You requested that FEMA review the resolution and provide comments. The resolution questioned the accuracy of the Light Detection and Ranging (LIDAR) technology used to produce the ground elevations for the preliminary DFIRM. Because of the nature of this request, it was forwarded to my office for a response. LIDAR technology produces the most accurate topography currently available to FEMA, while also being cost effective. On -the- ground surveys would be more accurate on a parcel- basis in areas that are relatively flat; however, the cost of doing such surveys on a countywide basis is extremely high, and FEMA's mapping budget precludes this expense. Nevertheless, it is important to note that the new DFIRM depicts more accurate flood hazard information than the currently effective flood maps, and as you may know, the new countywide LIDAR data was incorporated as part of this restudy in part to address concerns about previous mapping in the City of Buffalo. Special Flood Hazard Areas (SFHAs) are areas subject to inundation by the base (I -percent-annual-chance) flood, and there is no Federal flood insurance requirement for structures that are outside the SFHA. However, each lender retains the prerogative to require flood insurance as a condition of a loan. The Flood Disaster Protection Act of 1973, as amended, imposes the Federal flood insurance requirement and requires lenders to make the determination whether to require flood insurance. FEMA underwrites the flood insurance and determines policy coverage and premium rates. FEMA also provides flood insurance policy information to help stakeholders make prudent decisions about coverage and to assist them with other flood insurance questions or issues. 1n addition, FEMA assists property owners by responding to Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR -F) requests based on elevation data and other property - specific information. Parcel -by- parcel survey data might result in the removal of the SFHA designation for some houses through the LOMA or LOMR -F process. As you know, a portion of the Old First Ward flooded in January 2008 as a result of a Lake Erie storm event. This flooding confirms FEMA's evaluation that the area has a significant risk of flooding. w w Arn:t.gov x S David A. Franczyk .Tune 5, 2010 Page 2 FEMA welcomes appeals, protests, and comments on its flood hazard maps. By statute, FEMA provides every community a 90 -day appeal period whenever Base Flood Elevations (BFEs) are proposed or revised. For scheduling purposes, and to give interested parties time to review the information, notices of the proposed BFEs are published in a local newspaper on two different dates, usually within 1 week of each other, and on the FEMA website. Notice of proposed BFEs is also published in the Fecleral Register. The 90 -day appeal period starts on the date of the second publication in the local newspaper. We anticipate that the appeal period for the preliminary Erie County DFIRM will begin in late July 2010. During the appeal period, the community, affected property owners, and other citizens in the community have the opportunity to submit technical and/or scientific data to support an appeal of the proposed BFEs. However, the community has the opportunity, at any time, to submit scientific or technical data to improve the flood hazard information shown on the DFIRM. The Erie County DFIRM will not become final and effective until six months after all appeals are resolved, which gives property owners the opportunity to plan ahead. Property owners whose property will be shown within the SFHA on the final DFIRM and who have a mortgage should be prepared to purchase flood insurance before the effective date of the DFIRM. Early purchase will result in significant savings on the cost of flood insurance premiums, both immediately and in the future. It is important to clarify some possible misunderstanding within your community about what constitutes a flood and what is covered by flood insurance. Standing water (of no specified depth or duration) on at least two properties that are normally dry constitutes a flood Standing water can enter a structure even if it does not reach window height, and items in basements that are necessary to operate the building, such as a furnace or hot water heater, are covered by flood insurance. However, no insurance coverage is available for personal contents in basements. I hope this information is helpful to you in addressing the concern of Common Council Members and Buffalo residents. If you need additional information or assistance, please have a member of your staff contact the FEMA Intergovernmental Affairs Division by telephone at (202) 646 -4600. Sincerely, RED THE --- " ITT LEG ISLATION, Sandra K. Knight, PhD, PE Deputy Federal Insurance and Mitigation Administrator, Mitigation cc: James N. Jackson, Common Council Legislative Assistant Lynn Gilmore Canton, Regional Administrator, FEMA Region II Timothy P. Crowley, Director, Mitigation Division, FEMA Region 11 MN= 06/10/2010 Commissioner Steven J. Stepniak Department of public Works, Parks & Streets Rm. 502 City Hall Buffalo, New York 14202 Dear Commissioner; i On 04/26/20101 requested any and all plans pertaining to 669 Hertel Avenue, a city awned property in Buffalo. On 06/20/2010, following up on my request, no action had been taken and the form was sitting in an office tray. I was told to make a request in Planning & Design, Rm, 616 because it is a City owned property. I was informed due to a previous policy, plans pertaining to police structures are not released to the public. Due to the fact that I am a City of Buffalo worker and have worked in 669 Hertel Avenue for approximately ten years, this should not be a concern. Therefore, 1, Roscoe Henderson, request all information under the Freedom of Information Act, all plans that pertain to 669 Hertel Avenue. I thank you in advance for your assistance and look forward to your response. You can respond to my email at, r3@roadrunner.com. Roscoe Henderson City of Buffalo Resident CC: Common Council Members RECEIVED- D FILED J� 00052 MICEIAE[. P. KEARNS SOUTH DiS RIOT COUNCI1_ MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 $ FAX: (716) 851-4294 E -mail: nikearnsOcity- bufWo.corn C HAIRMAN FINANCE rRANISPORT ATION WATERFRONT DEVELOPMENT CC3MMIT1EES BUDC I BURA CIVIL SERVICE- CLAIMS LIGISIAFIVE ASSISTANTS MARTI -WANK MURPHY KELLY M. KRUG Rt1sSI.11- C. W[ -AVER 14 June 2010 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 / ; re I-rf zf x < Dear Mr. Chwalinski: Please file the attached item and have it filed for discussion at the next meeting of the Common Council to be held on June 22, 2010. Your assistance is greatly appreciated. Sincerely, k Michael P. Kearns South District Councilmember Enclosure IIERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS 'For the People," TRICKS OF THE TRADE EDITED BY STEVEN AVERETT N 9 s LL M .............................. Take f of grants and financial incentives 1 upgrade your solid waste ave you heard about the govern- ment incentives available to help you replace your fleet of older model trucks? There are millions of dollars available across the country for purchasing new clean- fueled refuse collection and recycling trucks. These incentives are commonly referred to 20 as "other people's money" (OPM) and are a proven source of assistance for buying natural gas refuse and recycling trucks, OPM FINANCING works; don't be left out of getting your fair share! Here's how OPM worked for several companies and a few tips on how it can start work- ing for you. EaSt CoaSt One of the largest paper recycling companies in the country was able to secure $1.2 million from the New York State Energy & Research Devel- opment Authority (NYSERDA) to offset the costs of purchasing 12 new compressed natural gas (CNG) refuse trucks and constructing a new CNG fueling station. These CNG trucks are running in Brooklyn, N.Y. You'll recognize one of the trucks because of the special graphic it displays in support of Breast Cancer Awareness. The Breast Cancer CNG truck picks up all the paper from the New York City Stock Exchange and most companies on Wall Street. Meanwhile, a major New Jersey refuse company received $2.4 million to deploy 42 CNG trucks and offset costs for a CNG station as part of the Department of Energy's Clean Cities grant program, 20 WaSteAge.COM MAY 2010 west coast Hundreds of natural gas refuse trucks are operating throughout California thanks to government incentives rang- ing from $15,000 per truck to $91,000 per truck. A privately owned refuse com- pany operating in southern California secured $900,000 from the Mobile (NATURAL) GAS MONEY Central Jersey Waste and Recycling received $2.4 million to deploy 42 CNG trucks and offset casts for a CNG station as part of the Department of Energy's Clean Cities grant program. 0 Source Air Pollution Reduction Review Committee (MSRC) to offset the costs of 30 new CNG refuse trucks. This fund- ing opportunity provided incentives of $35,1300 /truck in addition to a federal tax credit of $28,000 1truck. A northern Cali- fornia refuse company recently secured $426,000 from the BayArea Air Quality Management District (BAAQMD) to purchase 23 CNG refuse trucks. Sustainability is a goal that every municipality is trying to meet. You can help by deploying clean - fueled natural gas refuse and recycling trucks. Here are a few tips to help you find and secure OPM: Seek out "green" consultants and resources to help you locate OPM _ incentives. Engage a partner -. that is knowledgeable about 3 where to find money and with a proven portfolio of grants awarded. • Once grant opportunities are identified, act quickly. Grants are time sensitive, and if you do not start early, you may not have time to run all the analysis necessary to oRG produce a competitive and complete application. 9 Be a champion. Taking a leader- ship role will set you apart from your competitors and earn you money for doing so. Tell your story. Explain the unique aspects of your company and facts that you are proud of. ® Remember to sign all of the forms! Barbara A. Johnson is assistant vice president of grants, risk management and human resources for Clean Energy, a Seal Beach, Callf. -based provider of natural gas for transportation. wring the last 12 years, Johnson and the Clean Energy grants team have secured more than $216 million in federal, state and regional grant funding for the company, L L Beginning in 1977 the ever - improving Models of Grizzly cranes have earned a place in trash transfer stations from coast to coast. There, the quiet non - polluting machines rearrange refuse heaped into open -top trailers. They lift, mash and separate the material, steadily working in one of the harshest environments. The Grizzly knuckleboom crane and grapples are modern tools developed and refined by years of experience -- -tools to complement your community`s solid waste plan. Grizzly cranes are hand -built by an experienced and skilled crew, using the finest components obtainable, which gives you a ready -to -work, dependable, finished product. Discover why Grizzly's reputation for quality and workmanship is by design_- - not by accident. ...from small trash haulers and recyclers to mammoth public agencies taping with metropolitan waste streams... ...from Dead Morse, Alaska to Miami, Florida, from Cape Cod, Massachusetts, to Commerce, California... ...from 1977 to the present... Crane Equipment Manufacturing Corporation o 33740 Seavey Loop s Eugene, OR 97445 -9602 Phone (541) 746 -96131 * Fax: (549) 746 -9923 * mim.grizzlycranes.com WA ta.Fxnn Annth #qn?l MAY 2010 aSteAge.Com 21 TRICKS OF TFIE TRADE Toe 431iffato Common coulleff f§ MICHAEL P. K A NS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1501 CITY HALE BUFFALO, NY 14202 - 331$ PHONE: (716) 851 -5169 � FAX: (716) $51 -4299 E -mail: €nkearliS dLy- bLiffalo.com June 14, 2010 j Please file the attached with the Common Council. Sincerely, 0 Michael P. Kearns South District Councilmember CHAIRMAN FINANCE TRANSPORTATION WATER(RONT DrVELOPMEN COMMITTEES BUDGI_T 6URA CIVIL SERVICE CLAIMS LLGISCATME ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER L ' t h e People "" Councilmember Kearns Prom: jonal02l9O @gmail.com on behalf of Jon Logan Umlogan @buffalo.edu] Sent: Saturday, June 12, 2010 7:48 PM To: jmiogan @buffalo.edu Subject: Vernon ROS To Whom It May Concern: Hi. I was wondering why despite most of the suburbs of Buffalo with FiOS service, they stop service directly at the city line. I was told by Verizon directly that it was the city of Buffalo hindering competition, and being supportive of Time Warner's complete monopoly. Time Warner has among the worst service in the nation, not even offering (regardless of price) internet service above 15mbps download and 2mbps upload. They keep raising rates, yet continue to lower the bar in service. What other industry is able to get away with this? There are a number of TV channels which TWC refuses to offer, simply because they don't have to. They have a monopoly, and do not have to compete with anyone. The city of Buffalo should be trying to encourage competition in the marketplace, not oppose it. I intend to vote out every city official running for reelection for the foreseeable future. The city of Buffalo is among the poorest in the nation, but continues to tout petty achievements as marvelous accomplishments. Upon graduating from college, I have every intention of moving out of this city, and out of this state. I will be calling the FTC to voice my concerns about this issue as well. Keep setting the bar low Buffalo, Jon Logan 716-207-5318, RP ON =R 0001 TO of fato Common coulfri MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONF: (716) 851-5169 + FAX: (716) 851 -4294 E- nail: nikearns @city- bUffalo.com M \.. �� TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: June 16, 2010 Non- Partisan Elections- Approved in California CHAIRMAN FINANCE TRANSPORTATION WATERFRONT DEVELOPMENT COt N11I1TES BLIF)CET &URA Ovit SERVICE CLAMS LEGISLATIVE ASSISTANTS MARTIAA-ANN MURPI IY KELLY M. KRUG RUSSE C. WEAVFR I would like to file the attached articles for the next Common Council meeting to be held on June 22, 2010. Thank you. 'For the People' By HENRY STERN, Special to the Sun I June 11, 2010 h ttp: /hvww.nysun.com/ new- york/ne`v -york- note - lagging- california -in-race - for -non /86995/ While paralysis prevails in the highly partisan scene in Albany, we cross the continent to California to report good news for independent and moderate voters. By a convincing margin of 54% to 46 per cent, Californians approved Proposition 14, which mandates non - partisan elections in the nation's most populous state, starting in 2011. Under the Golden State's new plan -- sometimes called the "Top Two" system — all voters would receive the same primary election ballot for nearly every elective office except for President. Candidates would be given the option to self- identify with a political party on the ballot or to leave that space blank. The two candidates receiving the greatest number of votes in the primary would then appear on the general election ballot regardless of party. Prop. 14 was supported by Governor Schwarzenegger and Lieutenant Governor Maldonado. It was opposed by most elected officials in the state. Out of 58 counties in California, the proposition carried 56. It lost only two counties, Orange, considered right-wing, and San Francisco, considered left-wing. For those New Yorkers for whore the adoption of nonpartisan elections appears impossible, tape note that 21 of the 25 largest cities in the United States currently have some system of nonpartisan voting in local elections, including Los Angeles, San Francisco, Chicago, Boston, and Seattle. Mayor Bloomberg has advocated nonpartisan elections since he was elected in 2001. In a referendum in 2003, New York City voters defeated a proposal for nonpartisan elections, 70% to 30 %. The issue has not been submitted to the voters since, nor has the City Council taken it onto itself to overrule the vote of the people. Francis Barry describes the history of nonpartisan elections in "The Scandal of Reform" (2009). New York's 2003 referendum proposed "hybrid" nonpartisan elections, allowing candidates, if they wished, to identify themselves by party, similar to the system just passed by California, and those already in use at Jacksonville, Florida, and the states of Louisiana and Washington. The current Charter Revision Commission, chaired by CUNY Chancellor Matthew Goldstein, will consider placing some form of nonpartisan elections once again on the ballot. If they do so, 2410 would be a better year than 2011 because there will be a larger turnout when state -wide offices, the Senate and Congress are on the ballot; 2011 is the off -year in the quadrennial election cycle. Nonpartisan elections would erode but not eliminate the influence of political parties, which are basically .hierarchical, self - serving aggregations of mostly decent, honorable people, led by others whose motivations may not be so pure. Political parties are often controlled by powerful leaders, called bosses. As in military, religious, or criminal organizations, the person at the top can exert enormous influence over the decisions of the group, which the members must respect if they want to remain in good standing in the organization and eventually rise to power themselves. Faithful members of political clubs are often rewarded for their service by nomination to public office, including the judiciary. When that happens, judges can show their appreciation for their positions by responsiveness to the political leaders who selected them for the bench. http : / /www.nysun.cominew- yorklnew- york -now- lagging- california -in- race - for - nonl869951 6/16/2010 Page 2 of 2 There are benefits to parties. They can unite people in support of a common program:. They can defend and protect their communities from dangers, real or imagined. Parties are protected by freedom of assembly and association, voters have a right to join any legitimate group they support. The main problem with political parties, however, lies in the power of their leaders to select candidates for public office. In one -party areas, which constitute the majority of legislative districts in New York City, the candidate selected by the dominant party is almost automatically elected. In turn, the elected candidates tend to bear unwavering allegiance to the party officials who put them in office. The interests of these officials are often not the interests of the general public, but the interests of lobbyists and contributors to the party, or to the individual who was so helpful. Historically, the party system has led to corrupt political machines under leaders like Bosses Tweed, Kelly, Sullivan, Croker, Murphy and most recently Carmine De Sapio, who was overthrown in 1961, by which time, through a reform DeSapio, to his credit, sponsored, district leaders were subject to direct election. Previously, district leaders were elected by county committee members, who were generally political apparatehiks at the lowest rung of the ladder. Insurgencies were much more difficult to mount. Political machines were also powerful in the suburbs, where the Nassau County Republican organization once ruled, and in New Jersey, where Boss Frank Hague ruled Jersey City as mayor from 1917 to 1947. His enduring contribution to political thought was the phrase, "I am the law," which at the time was not inaccurate. In some rural and urban areas, political parties are strong enough to control local governments, a practice similar to the warlords who control portions of some foreign countries. Party primaries, closed to independents and nonmembers of the party holding the primary, encourage racism and extremism by the candidates and polarization of the electorate. Candidates hew to the right or the left to win primary voters, who are often more intense in their ideological views than less active members of the party. To appeal to this base, one risks alienating the midstream. This requires a change of message between the primary and the general election. It is hard to discern, after all this, what the candidate really believes in, if anything, apart from his /her own election. Moderate or centrist candidates are particularly disadvantaged by closed primaries, since a disproportionate number of their supporters are ineligible to vote. Opponents of Proposition 14, which include the heads of both major parties in California and many third -party devotees, have vowed to sue in order to prevent the referendum from taking effect, but their efforts are unlikely to succeed if precedent is to be followed by the Supreme Court of the United States. In 2008, in a 7 -2 decision, with Justices Scalia and Kennedy dissenting, the Supreme Court upheld a similar nonpartisan electoral system passed by the voters of Washington state. Writing for the majority, Justice Thomas said that overturning Washington's system would have been an "extraordinary and precipitous nullification of the will of the people." The Constitution of the State of California allows Initiative and Recall elections. That is how Mr. Schwarzenegger was elected. New York State gives the voters no such opportunity. Even when vacancies occur, they are filled by the legislature and not by the electorate. We have a long way to go. Mr. Stem, a former Parks Commissioner- and a frequent contributor to The New York Sun, is President of New York Civic. �. , PIE COMMITTEE ON LEGISLAT httpJ / com/new- yorklnew-york- now - lagging- califomia -i n-race- for -non/$ 69951 6/16/2010 State's move to an open primary might reveal what works., what doesn't The Buffalo News Home > Ooinion > Buffalo News Editorials Updated: June 15, 2010, 6:44 am / I comment Published: June 15, 2010, 12:30 am "Voters watch in frustration as candidates win election with platforms that are consistently far more liberal or conservative than the mainstream... "Partly because of gerfymandered electoral districts, many of these contests are settled months before the November runoff. "Some candidates waltz into office winning a tiny plurality of those bothering to vote in the. . primary, with no real competition in the general election. " Sound familiar? No, it's not a Buffalo News editorial decrying the system that returns the same dysfunctional Legislature to Albany year after year. It's a Sacramento Bee editorial decrying the system that returns the same dysfiinctional Legislature to Sacramento year after year. But, in the election held there last Tuesday, the California electorate was given the opportunity to do something about it. It is a relatively small step, and it may not do much to solve the problem. But it was there, and the Golden State voters jumped at it. It is an experiment that bears watching by states with similar problems. Like New York. It's a device called an open primary. Starting next year, every time California voters choose a member of their Legislature, vote for governor or other statewide offices or fill one of their 55 seats in Congress, they will dispense with the idea of two or more primary elections or party conventions and throw every hat into the same ring. Every candidate for a particular office will run inaprimary election against every other candidate for that same office. The two top vote - getters go on to the November general election, even if they are members of the same party, or of a mi -nor party, or of no party at all. The hope is that the open primaries will attract more voters than the relatively few party hearties who now show up for the undercard. That, supposedly, will make the selection process more representative of the electorate as a whole, and less likely to be supportive of the left -wing Democrats and right -wire Republicans who can dominate the process. Such candidates, in theory, will choose not to pander to the labor unions or the anti -tax fanatics or any of the other true believers who can carry a party primary. Instead, in theory, they will try to strike a moderate, inclusive pose that will not only attract more votes from the commonsense middle but also promote policies that will have a chance of both becoming law and actually working. The idea is not, and it not represented as being, perfect. It won't take the big money out of politics, it might actually freeze out "third parties" and grassroots efforts that can't match big_ party backing with money and manpower, and it won't draw more competitive legislative districts. But the legislators who are elected by such a system might be be more likely to move on to tackle such problems, too. California has tried to solve its many democratic woes through the initiative process before, and sometimes succeeded only in making its problems worse. This may be one of those times. But it is a big step with a noble purpose. New York should watch and learn. Tbe juliffato common counrit MICHAEL P. KEAR S SOUTH DISTRICT COUNC11. MUMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 0 FAX: (716) 851 -4294 E -mail: nikearris @city- ])uffalo.coni CHAIRMAN HNIANCE TRANSPORTATION WA f[Mzow DEVELOPMENT COMMITTEES - - - - - -- -- - - - -- BUDGET BURA CIVIL SLRVICE CEAIMS LFGISLATiVE ASSISTANTS MARII M -ANN MuRPHY KI LLN M. KRUG Rt)SSELI- C, WPAVER TO: Gerald Chwalinski PROM: Councilmember Kearns DATE: June 16, 2010 A� Subsidies for Bass Pro I would like to file the attached information for the next Common Council meeting to be held on June 22, 2010. Thank you. "'Foy' the e' u�phy,Marti ,. 1 ,.1. .. �,,, ni, ..a.. I I .,, �,I :.1,.,. I,.. ",,,.1 1 A I .,..i,,• 1 .. n o I is 1 i 1 1 1 1 1. 1 ,�,,.���1.1 ,,..1„ ,. ,11,,..k 1 „�, u��m...., 1. 1,111. 111 "1" 11 .1.1 1 . : 1 1 1, „�.,. From: Mark Goldman [markgold46 a@hotmaii.com] Bent: Wednesday, June 02, 2010 4:08 PM To: Councilmember Smith; Councilmember Fontana; Councilmember Franczyk; Councilmember Haynes; Councilmember Golombek; Councilmember LoCurto; Councilmember Rivera; Councilmember Russell; Councilmember Kearns Dear Councilmembers: Over the past several months I have assembled a group of local business owners who are very concerned about the high -level of subsidies that are being considered for Sass Pro. The notion of subsidies, almost any kind of subsidy, to big -box retail has rarely, if ever proven successful. Armed with a set of coherent arguments we were given the opportunity yesterday to meet with the publisher and the editorial board of the Buffalo Dews. Among us were local whoselsalers and retailers, restaurant owners, as well as the owner of the dart Hotels. During the course of an hour conversation we pointed out economic considerations and concerns to them that they had not heard before. We would very much like the opportunity to meet with you to discuss this most important project. We believe that we can make a compelling argument against this case that transcends issues of living wages and historic preservation. The thing just makes business sense at all. We hope that you will find the time to meet with us. Thank you for your consideration, Mark GOLDMAN The New Busy is not the too busy. Combine all your e -mail accounts with Hotmail. Get busy. REFERRED MMITTEE 0005 Law Offices of JO G. MAKOWSKI, L.L.C. 420 Franklin Street, Buffalo, New York 14202 Phone: (715) 881-1890 Fax: (716) 581 -0659 e -mail: jmakowski(c aol.eom June 15, 2010 David A. Franczyk, President Buffalo Common Council X 0 015 65 Niagara Square, Room 1315 Buffalo, NY 14202 /'�A Marine Drive Apartments Dear President Franczyk: � s r I am writing as attorney for the Marine Drive Apartments Resident Council and Association. As you are aware, several weeks ago, Henry Littles resigned his position with Erie Regional Housing Development Corp. as manager of the Marine Drive Apartments. As reported in The Buffalo News. the resignation of Mr. Littles was marked by considerable controversy. On behalf of the Resident Council, I am writing to request that the Buffalo Common Council formally request the City Comptroller to conduct a financial and management audit of the operation of Marine Drive under the Buffalo Municipal Housing Authority and Erie Regional Housing Development Corp. from September 1, 2007 through the present time. In light of the circumstances surrounding Mr. Littles' resignation, we think an independent audit of the finances and management of Marine Drive by the City Comptroller is warranted. Thank you for your attention in this matter. Very truly yours, LAW OFFICES JOSEPH G. MAKOWSK , LLC I f By . cc: Andrew A. SanFilippo, Comptroller 1225 City Hall, Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMPTROLLER 000- 7 Law Offices of JOSEPH G. MAKOWSKI, L.L.C. 420 Franklin Street, Buffalo, New York 14202 Phone: (716) 881 -1890 Fax: (716) 881 -0669 e -mail: jmakowski*aol.com June 15, 2010 David A. Franczyk, President Buffalo Common Council 65 Niagara Square, Room 1315 Buffalo, NY 14202 k Marine Drive Apartments Dear President Franczyk; vx� 7 i am writing as counsel to the Marine Drive Apartments Resident Council and Resident Association. As you may be aware from a recent press report by The Buffalo News, Henry Littles resigned his position with Erie Regional Planning Development Corp. as manager of the Marine Drive Apartments with considerable controversy. It has come to our attention that the September 1, 2007 agreement between Buffalo Municipal Housing Authority and Erie Regional Housing Development Corp. is scheduled to terminate on August 31, 2010. A copy of the agreement is enclosed for your review. Historically, Marine Drive was managed as a cooperative by the tenants under a forty (40) year lease. Following the expiration of the lease, former Mayor Anthony Maisello, in coordination with BMHA, appointed the Kissling Group as manager of the Marine Drive Apartments. When the Kissling agreement terminated, BMHA entered into the current agreement with Erie Regional Housing Development Corp. The Resident Council has asked me to convey to you their strong interest in resuming a "co - op" form of arrangement for management of the Marine Drive Apartments under their supervision. We would like to meet with you to discuss this matter further. � f f David A. Franezyk, President June 15, 2010 Page 2 Thank you for your continuing leadership on behalf of the residents of the Marine Drive Apartments. Very holy yours, LAW OFFICE Oq JOSEPI -- i if tJa r I_ G. M �awski Enclosure RE " TO THE COMMI ON LEGISLAT rri Owner /Agent Agreement Agreement made as of the l" day of September, 2007 between the Buffalo Municipal Housing Authority located at 300 ferry Street, buffalo, New York 14204, (the "Owner "), and Erie Regional Housing Development Corp., located at 104 Maryland Street, Buffalo, New York 14201 (the "Agent "). The Owner and the Agent agree as follows: Article 1 1.1 Contract Documents This Contract consists of the instant Agreement together with the General Conditions of the Contract for Managing Agents and the Management Plan, attached hereto and made a part hereof as if fully set forth herein. The Contract Documents shall be complementary and what is specified in any one shall be as binding as if specified by all. Article 2 2.1 Exclusive Agency Owner hereby appoints Agent as the sole and exclusive management agent of Owner's property known as Marine Drive Apartments (the "Project "), which consists of 616 dwelling units. Article 3 3.1 The Work The Agent shall perforrn all the work required by the Contract Documents, All such work shall be in accordance with the provisions of the Contract Documents and rules and regulations, directives and order of the New York State Division of Housing and Community Renewal or Commissioner thereof( "DHCR" or "Commissioner "). Article 4 4.1 Term The contract shall become effective the I" day of September 2007, and steal l continue in full force and effect until the 31" day of August 2010. Thereafter, it shall continue in full force and effect from month- to -month unless renewal or terminated as provided in the General Conditions Contract for Managing Agents. Notwithstanding the above, the contract shall not be effective or binding unless and until the approval of DHCR in endorsed hereon. Article 5 5.1 'Total Compensation The total compensation which the Agent shall be entitled to receive subject to the provisions of Article $ of the General Conditions of the Contract for Managing Agents, for all services to be performed under the Contract, shall be the sum of the terms set forth below: a. Managing Agent Fee - $17,000 per month. This amount represents the sure of: $15,000 per month as the Project's Base Rate, plus 2. $2,000 per month as the Project's Administrative Expense Fee. b. Marketing Fee - $ -0- For each residential apartment rented to a new tenant. This amount shall be clue and payable only after receipt by the Owner of the first month's rent and security deposit for the apartment rented. The Agent shall receive no compensation for renewing residential leases with tenants already in occupancy, but shall arrange such renewals as part of the services to be performed under the Contract. C. Commercial and Professional Leasing Fee — Six percent (b %) of the annual rental for the first year for each new professional or commercial tenant. For each successive year of the original terra, six percent (6 %) of the increase in annual rent over the preceding year. For renewal of existing professional or commercial tenants and or each successive year of the renewed term, six percent (6 %) of the increase in annual rent over the preceding year. Compensation for professional or commercial rentals or renewal shall be due and payable monthly only after receipt by the Owner of the first month's rent and security deposit and only if no brokerage commissions have been charged. d. Site Manager Reimbursement - $ -0- per year payable in equal monthly installments. This amount represents the share of the site manager's compensation which is attributable to the Project in accordance with the Management Plan, annual operating budget and the rules and regulations of DHCR. 5.2 Payment Procedures All payments to the Agent shall be in accordance with the procedures set forth in the General Conditions of the Contract for Managing Agents and the rules, regulations, directives and orders of DHCR z Article G 6.1 Non-Discrimination Agent shall, in performing his duties wader this Contract, comply wily the provisions contained in the Rider A of this Contract, annexed hereto and made part hereof. This Contract entered into as of the Clay and year first written above. Owner Buffalo Munici 1 Housing Authoritv Agent Erie Rep-ional Housinja Develonment Corn. By , Si91 �atur Dawn E. Sanders, Executive Director Michael Rivera, Chairman Na►ne /Title (Please Type) Name /Title (Please Type) Approved: Date: New Fork State Division of Housing and Community Renewal By Signature Name /Title (Please Type) General Conditions of _ Contr ` Man Article 1 1.1 Contract Documents The Contract Documents consist of the Owner - Agent Agreement, the General Conditions of the Contract liar Managing Agents and the Management Plan. 1.2 The Contract The Contract Documents form the Contract for Managing Agents. This Contract represents the entire and integ agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The contract may be amended or modified only by a modification approved in the manner set forth in Section 10.3. Article 2 2.1 Owner The Owner is the person or entity identified as such in the Owner -Agent Agreement. The term Owner means the Owner or his authorized representative,. Article 3 3.1 Agent The Agent is the person or entity identified as such in the Owner -Agent Agreement. The term Agent means the Agent or his authorized representative. Article 4 4.1 project The Project is the housing development and appurtenant facilities owned by the Owner and identified as such in the Owner -Agent Agreement. Article 5 5.1 Division of Housing and Community Renewal "DHCR" is the New York State Division of Housing and Community Renewal and the Commissioner thereof. 5.2 Supervision 3 The Contract is subject to the Private Housing Finance Law of the State of New 'York, rules and regulations promulgated by the Commissioner and all orders and directives issued by the Commissioner and/or DHCR. It shall not be effective unless and until the approval is of DHCR is endorsed thereon. Article 6 6.1 Personnel --- Agent's /Employees The Agent shall hire in its own name all personnel necessary for the efficient discharge of its duties hereunder, with the exception of project personnel as listed in the Management Plan and the Project's operating budget approved by DHCR. Except as hereinafter provided, compensation for the services of Agent's employees shall be the sole responsibility o the Agent. Subject to the approval of the Owner and DHCR, or at the direction of DHCR, the Agent shall employ a site manager consistent with the needs of the housing development. 6.2 Project Personnel 'I'he Agent agrees to supervise the work of, hire and discharge project personnel. Project Personnel shall be hired in the name of the Agent and the Owner shall not be responsible for their wages or compensation. Both Owner and Agent agree that the utilization and compensation of project personnel shall be in accordance with the Management Plan and the Project's operating budget approved by DHCR. 6.3 Fidelity Bond The Agent shall furnish evidence that the Managing Agent, it trustees, directors, officers, agents, servants, and employees, whether compensated or not compensated, are insured by a fidelity bond equal to at least twenty -five percent (25 %) of the annual rent roll of the Project. The Agent's coverage is to be by means of Managing Agent's Rider (Blanket Form -- "All Managing Agents "). The bond shall be issued by an insurer duly licensed by the Superintendent of Insurance of the State of New York to transact fidelity bond business in the State of New York and shall provide that any payment made thereunder shall be payable to the Owner. A copy of the bond shall be furnished to DHCR and Owner and shall provide that no change in or cancellation of, the bond, whether by notice given by the insured or by the Underwriter, shall take effect prior to the expiration of thirty (30) days after notice by certified mail or such change or cancellation has been received by the Owner and NYS Division of Housing and Community Renewal, Housing Management Bureau, Insurance Unit. Article 7 7.1 General Duties It is the responsibility of the Owner to provide safe and habitable housing and to maintain the physical and financial integrity of the Project. It is the function of the Agent to effectively and efficiently manage the Project so as to assure that the Owner's responsibilities are carried out. In addition to the provisions of the Contract, both Owner and Agent agree to manage the Project in accordance with the provisions of the Private Housing Finance Law of the State of New York, rules and regulations promulgated by the Commissioner, all orders and directives issued by the Commissioner under DHCR, and the requirements under applicable federal programs. 7.2 Project Management The Owner shall prepare, or cause to be prepared, for DHCR review, a Management Plan in accordance with the rules and regulations of DHCR as the same may be amended from time to time. The Contract shall not be effective unless DHCR has approved the Management flan, in writing. Any modification of the Management PIan is subject to the prior approval of DHCR. 7.3 General Administration a. Personnel —The Project shall be staffed in accordance with the DHCR — approved housing company budget, Management Plan and with the rules and regulations of DHCR. Recruitment, training and promotion of such staff shall be in accordance with the affirmative action plan contained in the Management Plan. Any proposed staffing changes shall be submitted to DHCR for prior approval. b. Income Review — The Agent shall: I . conduct annual income reviews and comply with DHCR procedures and the rules and regulations of DHCR and, where applicable, the United States Department of Housing and Urban Development ( "HUD "); 2. satisfy all HUD requirements with respect to recertification of tenant income; and 3. make timely rent adjustments, assessments of surcharges, and appropriate interim changes. e. Reports — In addition to any other reports which may be required, the Agent shall submit to DHCR the following reports on or before the dates indicated: 1. monthly operating report -- l0ti, day of the following month; 2. where required, HUD excess income report — 10 day of the following month; 3 fp 1 d HM -3 (Utility Consumption Record) — August 31 and at the time of budget submission; 4. HM -38 (Summer Maintenance of Heating Equipment) —August 31; and 5. monthly reports on marketing activity and tenant arrears — 10` day of the following month. d. Contract Procedures — The Agent is authorized, in the name of and at the expense of the Owner, to enter and shall enter into contracts for the proper maintenance, repair and improvement of the Project. In performance of this duty, the Agent shall: 1. submit plans and specifications to the Owner and DHCR for review and approval; 2. solicit bids in accordance with the rules and regulations of DHCR and the DHCR approved affirmative action plan; 3. make all reasonable efforts to solicit bids from minority and women — owned business enterprises, as defined by DHCR pursuant to Article 9 of Executive Order No. 21 dated August 4, 1983, for services and /or purchases to be contracted on behalf of the Project and to make certain that such bids receive full and fair consideration; 4. rebid or renew contracts for continuing services so as to prevent any lapse in service; 5. submit proposed contracts to DHCR for review and approval in accordance with DHCR procedures; 6. maintain a contractor log; 7. properly supervise all contracts. e. Insurance -- Agent agrees to hold Owner harmless from any and all claims made by any person or entity, for any cause or reason, and to indemnify Owner for any liability determined as a result of said claim. Agent shall notify Owner immediately in the event of an occurrence which may result in a claim being made, and of any claim made, whether by notice or by institution of legal proceedings, and shall cooperate in any way in the notice, investigation and handling of any such matter. (1) Agent shall maintain the following insurance at all times: (a) General Liability coverage of not less than Two Million Dollars per incident; ry , i (b) Auto liability coverage, including Non-Owned and Hired vehicle coverage, for any vehicle owned and operated by Agent; (c) Workers' Compensation Insurance as mandated by New York State Law, which shall include Employer's Liability coverage; (d) Coverage for Lease or rented Equipment in the event Agent obtains or uses said equipment. Agent shall name Owner and New York State D.H.C.R. as Certificate Holders, and as Additional Insureds, on any liability policy, and additional insured status shall be without deductible or self- insured retention limitations. Certificate Holders shall be entitled to advance, 30 days written notice of cancellation of any policy for any reason. Owner's legal counsel shall received evidence of the above coverage and shall have the right to approve same. t. General Files -- The Agent shall maintain a comprehensive set of general files. Such files shall include but not be limited to. 1. undated tenant data; 2. systemic ding of work orders; 3. ticker file for lease renewal, mcertifications, contract expiration dates, report due dates and follow -up dates; 4. equipment inventory records; 5. warranty expiration dates; 6. service contracts, 7. general correspondence; 8. updated rules and regulations of DHCR; and 9. appropriate government agency directives memoranda. g. Apartment Inspections -- The Agent shall establish and maintain a schedule for the physical inspection of all apartments, Written records of all inspections shall be fled in the appropriate files. Such records shall include: L the results of the inspection; 2. the signatures of the inspector and tenant; and 3. records of follow -up when necessary. d� 7.4 Fiscal Administration a. Agent shall collect all rent or carrying charges and all surcharges and other fees and charges in accordance with DHCR procedures, All monies collected shall be deposited daily into the DHCR approved Project Administration Account with the source of such monies clearly identified. Agent shall establish a delinquent list no later than the 10 "' day of each month with updating before the end of the month. b. if a tenant /tenant- shareholder vacates his apartment owing; money on account or unpaid rent or carrying, charges, then the Agent shall notify the tenant- tenant - shareholder by mail within five (5) business days of move -out of the amount owed. If the tenant /tenant- shareholder has not paid the arrears within fifteen ( 15) days of move -out, then the Agent shall submit the account to a DHCR approved collection agency. All write -offs of uncollectible accounts shall be in accordance with DHCR rules, regulations, directives or orders. c. Agent shall collect the proper amount of security deposits and place such monies in a separate interest - bearing bank account. Agent shall further remit to tenants annually the proper amount of interest, refund to vacating tenants the amount clue with a full explanation of any deduction and adjust the amount of security required if warranted. d. If applicable, Agent shall comply with all governmental requirements regarding subsidy programs so as to assure that the Project utilizes and receives the maximum subsidy allowable. Agent shall request increased subsidies when required. e. if applicable, the Agent shall collect the proper amount of equity payment from tenant - shareholders and refund, in a timely manner, the proper amount to vacating tenant - shareholders, which all deductions itemized. f. Agent shall makes timely and proper payments on account of debt service, all real estate taxes, local assessments and water and sewer charges. g. Agent shall submit to DHCR for approval by the date and in the form prescribed by DHCR as Budget /Rent Determination Application. Agent shall adhere to the approved Budget as closely as possible. All proposed expenditures in excess of the budget amounts required submission by the Agent to DHCR of budget revision requests and are subject to the approval of DHCR. All Project financial records shall be made available at the site to the tenants. h. Agent shall make timely deposits into the Project's Operating Escrow Fund account the amounts so directed by DHCR. Requests for payments out of such account shall be accompanied by adequate documentation to enable DHCR to determine that such payments are properly chargeable to the account. i. All bank accounts required by DHCR shall be properly maintained. A 7.5 Marketing, Tenant Selection and Leasing a. Nfar eting -- The Project shall be operated in accordance with an affirmative fair housing; marketing'; plan approved by DHCR. Such plan shall be posted in the management and/or rental office. b. Applications All applications for apartments shall be: I . on a form approved by DHCR, 2. numbered by machine, 3. time and date stamped, 4. accompanied by the required processing fee for which shall be deposited into the Project Administration accounts, and 5. accompanied by material explaining; eligibility and tenant selection criteria. Applicant shall be given a copy of the numbered application at time of application. Agent shall maintain an application book that records: 1. application number, 2. applicant's name and address, 3. family composition, 4. apartment size requested, S. any applicable priorities, 6, date of receipt of application, 7. credit check status, 8. eligibility, and 9. apartment assignment or cancellation. All applicants shall be canvassed annually to determine whether or not the applicant o eQ desires to be maintained in a current status. Closing the application list and re- opening shall be done in accordance with the rules, regulations orders and directives of DHCR. c. Tenant Selection — All tenant selection shall be in accordance with the rules, regulations, order and directives of DHCR, including but not limited to: 1. Agent shall submit to DHCR the application for rental, with support documentation, prior to committing apartment to application. 2. Lease and move -in to occur only after receipt of applicant approved by DHCR. 3. Agent shall document its efforts to rent specifically modified apartments to appropriate applicants. 4. Intra- project transfers shall be given priority and shall be mandated where required by the rules, regulations, orders or directives of DHCR. d. Leasing (Residential) I . Agent shall use lease forms and riders approved by DHCR. 2. Term of the lease shall be in accordance with rules, regulations, orders or directives of DHCR. 3. Rent charges shall be in accordance with the current rent order and /or rent schedule approved by DHCR and, when required, HUD. 4. All notices required by the lease shall be sent to the tenants on a timely basis. e. Leasing (Commercial) — 1. Agent shall actively attempt to rent all commercial space. 2. All leases for commercial space shall be submitted to DHCR for approval and shall contain the mandatory clauses as indicated in DHCR Booklet HM-89, as amended from time to time. 7.6 Apartment Preparation a. Agent shall inspect all vacated apartments within one working day of move -out. An inspection form shall be signed by the Agent indicating time and date of the inspection and the results. b. Agent shall prepare vacated apartments for new tenants within two weeks of move out. c. Prior to move -in Agent and prospective new tenant shall inspect the apartment with both parties completing and signing an inspection form. d. Any deficiencies resulting from such inspection shall be remedied. 7.7 Physical Maintenance — (Routine and Seasonal) a. Agent shall be fully familiar with and maintain the physical condition of the Project. b. Agent shall prepare and adhere to schedules for maintenance, janitorial and grounds staff. c. Agent shall maintain an adequate inventory of supplies and equipment. d. Where applicable, Agent, subject to the approval of DHCR, shall contract for: 1. general maintenance; 2. heating, ventilating and air - conditioning (HVAQ systems; 3. janitorial services; 4. painting and decorating; 5. rubbish removal; 6. exterminating; 7. window cleaning;; 8. grounds maintenance; 9, show removal; and 10. security services. 7.8 Physical Maintenance (Corrective) a. Agent and Owner shall identify and correct any and all physical deficiencies ill the Project and comply with all local cedes and laws affecting the Project. b. Emergency repairs shall be completed without delay. c. Routine: repairs shall be completed within five (S) working clays of discovery. d. Agent shall maintain written records of all remedial work. 7.3 HVAC Systems a. Agent shall conduct or cause to be conducted an annual energy audit. b. Agent shall prepare and adhere to a preventive maintenance schedule. c. Agent shall maintain: 1. boiler room logs, 2. a heat complaint log, 3, a fuel log. 7.10 Elevators a. Agent and Owner shall make sure that the Project's elevators are in good working condition. b. Agent shall contract for the maintenance and repair of elevators. Such contract shall be subject to the approval of DHCR and shall contain specifications approved by DHCR. d. All necessary repairs shall be made timely. 7.11 Security a. Agent and Owner shall maintain a safe and secure project. b. If security staff is utilized, it shall be deployed in accordance with an operating plan approved by DHCR. c. A security log containing all incident reports shall be maintained by the Agent. 7.12 Tenant Relations a. Agent shall be reasonably available to tenants. b. Agent shall hold meetings with tenant leaders on a regular basis. c. Agent shall post DHCR field reports. d. Agent shall make available community rooms for approved activities. e. Agent shall render whatever assistant is required to assure that tenant association elections are properly conducted. Article 8 8.1 Compensation For the purpose of compensation payable to the Agent, the following terms shall have the follow meanings: a. Initial Base Rate — shall mean a dollar amount per dwelling units per month based on factors which have been found to affect the cost of providing all activities required under the Contract Documents. b. Percentage Increment — shall mean percentage of the Initial Base Rate or Base Rate, as the case may be, to be prescribed annually by the Commissioner, which will be the maximum percentage increase available to Agent. c. Base Rate — shall mean the Initial Base Rate plus earned Percentage Increments, if ally. d. Administrative Expense Fee —shall mean a monthly fee for the Agent's administrative overhead expenses computed on a per dwelling unit basis for the Project. The fee shall compensate the Agent for all expenses associated with and necessary to the office operations of the Project, both management and maintenance, as well as those related to tenant oriented activities and purposes. The fee shall include but not be limited to the following expense items: All office supplies, paper, stationery, software items, and any purchases of printed material used for management, maintenance, tenant directed or reporting purposes; office affiliated equipment, appliances, and machines, purchased or rented, and the cost of servicing, repairing or replacing this equipment; telephone, mailing and delivery costs; travel expenses and costs related to attendance of Agent's personnel for Project related business or interest; legal and accounting fees of the Agent; any special fees or costs incurred as the result of subcontracting for services used by the Agent to assist him in carrying out his managerial responsibility e.g., managerial consultant, locked box and computer services; cast related to the preparation of any and all reports required or requested by DHCR, HUD or the mortgagee. e. Managing Agent Fee — shall mean the monthly sum of the Initial Base Rate or Base Rate, as the case may be, plus the Administrative Expense Fee. f. Marketing Fee — shall mean a fee to be established by the Commissioner to compensate for the cost of marketing selling and renting activities. L A percentage, to be established by the Commissioner, of the annualized managing agent fee of each I% increase in Financial Occupancy beyond the previous 24 month Financial Occupancy Base, up to and including 97% of Financial Occupancy, 2. A percentage, to be established by the Commissioner, of the annualized managing agent fee for each I% of Financial Occupancy in excess of 97% Financial Occupancy, 8.2 Compensation The compensation is stated in the Owner -Agent Agreement and is the maximum payable by the Owner to the Agent for the performance of all activities required under the Contract Documents. '83 Expenses All acts performed by the Agent under the provisions of the Contract shall be performed as Agent of the Owner and all obligations or expenses incurred thereunder shall be for the account, on behalf, and at the expense of the Owner, except that the Owner shall not be obligated to pay any of the Administrative expenses of the Agent which are intended in total to be included in the Administrative Expense Fee set forth in the Owner -Agent Agreement, 8.3 Payment Procedure — General The Agent shall be compensated in accordance with the procedures set forth in either Section8.5 or 8.6 hereof. DHCR, in its sole discretion shall determine the procedure to be utilized. During the terra of the Contract, DHCR may direct a change in the procedure currently in effect. 8.4 Payment Procedure --- Direct a. Subject to the provisions of subsection (b) & (d) below, Agent shall be paid monthly from the project's Administrative Account the Managing Agent fee, Marketing Fee, Commercial Leasing Fee and Site Manager Reimbursement set forth or earned pursuant to the provisions of Section 5.1(a), (b), (c) and (e) of the Owner -Agent Agreement. b. During the course of the Contract, the Managing Agent Fee payable to the Agent may be reduced by the Owner, subject to the approval of DHCR, or by DHCR, for non- compliance or unsatisfactory performance of the terms of the Contract Documents or the rules, regulations, orders or directives of DHCR. c. The Owner and DHCR, as the case may be, will be required to provide written notice _`1 f_ evidencing either non - compliance or unsatisfactory performance. Such notice will be sent certified mail return receipt to the addresses set forth in the Owner -Agent Agreement. The evidence may be elicited from, but not limited to, Housing Operation's Audits, DHCR field reports and financial audits, reports of the mortgagee(s) and evidence supplied by tenants of the Project. d. In the event the Managing Agent Fee is reduced, as set forth above, the Agent shall be paid from the Project's Administration Account monthly the amount of the fee as reduced. e. Subject to the imposition of fee reduction, the Agent may appeal such reduction to DHCR with 30 calendar days of receipt of the notice provided for in subsection (c) hereof. f. During the term of the contract, the fee may reinstated when DHCR, in its sole discretion, determines that the Agent has satisfactorily cured the reasons upon which the reduction in fee was imposed and no new evidence of non- compliance or unsatisfactory performance has been discovered. 8.5 Payment Procedure -- Escrow a. Owner shall establish in a New York banking institution a banking account entitled "(Project Name)" Managing Agent Fee Account. All withdrawals from such account shall require (2) signatures: The Owner's and that of an authorized representative of DHCR. b. Agent shall deposit monthly into such account the amount set forth in Section 5.1 (a) of the Owner -Agent Agreement. The amounts earned or reimbursed pursuant to Section 5.1 (b), (c), and (e) of the Owner -Agent Agreement shall be paid in accordance with Section 8.5 above. c. Agent shall be paid monthly the amount set forth in Section 5.1 (a) of the Owner - Agent Agreement minus ten percent (10 %) (hereinafter "The Retention "). d. Agent may request from the Owner and DHCR quarterly for a release of The Retention, The Retention will not be released unless both the Owner and DHCR approve such release. e. Disapproval for release of the Retention may be based on non - compliance with or unsatisfactory performance of the terms of the Contract Documents or the rules, regulations, order or directives of DHCR. f: Owner or DHCR, as the case may be, will be required to provide written notice evidencing either non - compliance or unsatisfactory performance. Such notice shall be sent certified mail return receipt to the addresses set forth in the Owner -Agent Agreement. The evidence may be elicited from, but not limited to, Housing Operation's Audits, DHCR field reports and DHCR financial audits, reports of the mortgagee(s) and evidence supplied by tenants of the Project. g. Subject to the disapproval of release of The Retention, the Agent may appeals such disapproval to DHCR within 30 calendar days of receipt of the notice provided for in subsection (t) hereon. h. During the term of the Contract, The Retention may be released retroactively or prospectively, in whole or in part, when DHCR, in its sole discretion, determines that the .Agent has satisfactorily cured the reasons upon which the disapproval was based and 110 new evidence of non- compliance or unsatisfactory performance has been discovered. i. The Retention, including interest, remaining in the account on tet7nination of the Agency shall be utilized for project purposes at the direction of DHCR Article 9 9.1 Termination —The contract between the Agent and the Owner may be terminated as follows: a. by mutual consent upon thirty (30) days written notice to DHCR; b. by DHCR or the Owner, with cause, such termination to be effective immediately upon notice to the Agent; c. by DHCR or the Owner, without cause, upon ninety (90) days written notice to the Agent; d, by the Owner or DHCR effective immediately upon notice in the event a petition in a bankruptcy is filed by or against either the Owner or Agent, or in the event that either should make an assignment for the benefit of creditors or take advantage of any insolvency act; e. by the Agent effective immediately upon notice if the Owner shall tail or refuse to comply with or abide by any rule, order, determination, ordinance or law of any Federal, State or Municipal Authority, upon giving twenty -four hours written notice mailed to the Owner at its address first hereinabove set forth; or f by the Owner upon not less than ninety (90) days written notice to the Agent in the event of a bona fide sale or demolition of property. 9.2 looks and Records Upon termination, the Agent shall properly transfer to the Owner all Project records, rent rolls, bills, cancelled checks, bank statements and all other property in the possession of the gent which are owned by the Owner. Article 10 10.1 Miscellaneous — Governing Lew The Contract shall be governed by the law of New York State. 10.2 Assignment or Subcontracting Neither party to the Contract shall assign the Contract or subcontract it, in whole or in part, without the consent of either party and the approval of DHCR, nor shall the Agent assign any moneys due or to become due to the Agent hereunder, without the prior written consent of the Owner. 10.3 Modification No modification of the Contract Documents will be effective unless in writing and approved by DHCR. 10.4 Successors and Assigns The Contract shall be binding upon and inure to the benefit of and be enforceable by the respective Successors and Assigns of the parties hereto. 10.5 headings All headings in the Contract are for purposes of reference only and shall not limit or affect the meaning hereof. � e= a. The Owner and the Agent will not discriminate against any employee or applicant for employment because of sex, race, creed, color, national origin, age, disability or marital status. b. If directed to do so by the Commissioner of Human Rights, the Agent will send to each labor union or representative of workers with which he or the Owner has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the Owner's or Agent's agreement under clauses (a) through (g) (hereinafter called "non - discrimination clauses "). If the Agent was directed to do so by the Commissioner of Housing and Community Renewal as part of bid negotiation of this agreement, the Agent shall request that such labor union or representative; will not discriminate because of sex, race;, creed, color, national origin, age, disability or marital status and that such labor union or representatives either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non - discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non - discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Agent shall promptly notify the State Division of Housing and Community Renewal. c. If directed to do so by the Commissioner of Human Rights, the Owner and Agent will past and keep posted in conspicuous places, available to employees and applicants for employment, notice to be provided by the State Commissioner of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. d. The Owner and the Agent will state, in all solicitations or advertisements for employees place by or on behalf of either of them, that all qualified applicants will be afforded equal employment opportunities without discrimination because of sex, race, creed, national origin, color, age, disability or marital status. f The Owner and the Agent will comply with the provisions of Section 290299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non - discrimination clauses and such section of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights and the Commissioner of Housing and Community Renewal for purposes of investigation to ascertain compliance with these non - discrimination clauses and such sections of the Executive Law and Civil Rights Law. f This Agreement may be forthwith canceled, terminated or suspended, in whole or in part by the Commissioner of Housing and Community Renewal upon the basis of a finding made by the State Commissioner of Hurnan Rights that the Agent has not complied with these non- discrimination clauses, and the Agent may be declared ineligible for future contracts made by or in behalf of the State or a public authority or agency of the State or housing authority, or an urban renewal agency, or contracts requiring the approval of the Commissioner of Housing and Community Renewal, until he has satisfied the State Division of Human Rights that he has established and is carrying out a program in conformity with the provision of these non- discrimination clauses. Such finding shall be made by the State Division of Human Rights after conciliation efforts by the Division of Human Rights have failed to achieve compliance with these non - discrimination clauses and after a verified complaint has been field with said Division, notice thereof has been given to the Agent and an opportunity has been afforded hire to be heard publicly in accordance with the procedures of the Division of Human Rights. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies other provided by law. g. The Owner and the Agent will include the provisions of clauses (a) through (f) in every contract or purchase order altered only to reflect the proper identity of the parties in such a manner that such provisions will be binding upon each contractor or vendor as to operations to be performed within the State of New York. The Owner and the Agent will take such action in enforcing such provisions of such contract or purchase order as the Commissioner of Housing and Community Renewal or the State Commissioner of Human Rights may direct, including sanctions or remedies for non- compliance. if the Owner or Agent becomes involved in or is threatened with litigation with a contractor or a vendor as a result of such direction by the Commissioner of Housing and Community Renewal or the State Commissioner of Human Rights, the Owner or Agent shall promptly so notify the Attorney General requesting him to intervene and protect the interests of the State of New York. h. The Owner and Agent will not discriminate against any applicant for an apartment or any tenants already in occupancy because of sex, race, creed, color, national origin, age, disability or marital status. The Owner and the Agent will take affirmative action to insure open occupancy and racial integration in the operation of the Project. Such action shall be taken with reference, but not limited to: advertising, use of available subsidies such as capital fund grants, H.O.P.E loans, interest payment subsidies and other aids which may be used to encourage integrated occupancy of the Project. i. In the performance of their obligations under this Agreement, the Owner and Agent will also comply with Title VI of the Civil Rights Act of 1964, Executive Order 11063, and Title VIII of the Civil Rights Act of 1968. kz PUS 8 'k- stainable Housing - PD 27 .13tant ate_ 3,U 4Y_1421 BUFFALO { $84D3 = GREEN DEVELOPMENT ZONE People United for Sustainable rates of housing vacancy and small - Housing Inc. (PUSH Buffalo ) has business decline. Through the efforts of concentrated its efforts in a Green PUSH and a variety of other community - Development Zone on Buffalo's West based organizations, new investment Side. The zone is approximately twenty- and community engagement has begun five square blocks. On the east, the to reverse these trends. The West Side's Green Development Zone borders attributes, which underlie the recent Elmwood Village, resurgence, include the following: HEALTHY HEHiHBONHOOO CONCEPT PLAN cited last year by t he A p edestrian - friendly street plan I M American Planning with mixed -use buildings and historic 3 M . =`ti` ¢� ; Association as one Victorian -era homes -�.- The objective of the Green Development Zone is to create a national model of urban revitalization by concentrating strategic investments in green - design housing rehabilitation, E environmental sustainability projects on vacant land, community gardens, and other urban agriculture projects. Since the mid - 1970x, Buffalo's West Side has experienced declining population, increased fastest appreciating neighborhood in all of Western New York and home to hundreds of small businesses of all types. A commercial district along Grant Street anchored by food wholesalers, retailers and restaurants. Five miles of accessible riverfront, with bike paths and several promenades. • A network of strong nonprofit institutions, including the rapidly - expanding D'Youville College. 'to date, PUSH and its partners have achieved the following in early efforts to advance the Green Development Zone: Constructed environmental housing or low and moderate sustainability projects on seven income occupancy. vacant lots in the Zone, including Through a community organizing a tree farm, community gardens campaign, helped to create a new and rain gardens, which absorb Block by Block funding program rainwater that would otherwise which enabled Homefront to begin contribute to sewer overflow renovation on six vacant homes on contamination. 1 9th Street. These homes will be Completed six units of green- sold by Homefront to first -time desi y ers. ON COMM UNITY DEVELOPMENT. of the ten greatest a Designation as one of the leading . I 41 , sites of refugee resettlement in all in the country, On the of New York State, with about 7,504 west, the Green Zone refugees resettled in the last four borders the Niagara -�.- The objective of the Green Development Zone is to create a national model of urban revitalization by concentrating strategic investments in green - design housing rehabilitation, E environmental sustainability projects on vacant land, community gardens, and other urban agriculture projects. Since the mid - 1970x, Buffalo's West Side has experienced declining population, increased fastest appreciating neighborhood in all of Western New York and home to hundreds of small businesses of all types. A commercial district along Grant Street anchored by food wholesalers, retailers and restaurants. Five miles of accessible riverfront, with bike paths and several promenades. • A network of strong nonprofit institutions, including the rapidly - expanding D'Youville College. 'to date, PUSH and its partners have achieved the following in early efforts to advance the Green Development Zone: Constructed environmental housing or low and moderate sustainability projects on seven income occupancy. vacant lots in the Zone, including Through a community organizing a tree farm, community gardens campaign, helped to create a new and rain gardens, which absorb Block by Block funding program rainwater that would otherwise which enabled Homefront to begin contribute to sewer overflow renovation on six vacant homes on contamination. 1 9th Street. These homes will be Completed six units of green- sold by Homefront to first -time desi y ers. ON COMM UNITY DEVELOPMENT. of the ten greatest a Designation as one of the leading 0 P I urban neighborhoods sites of refugee resettlement in all in the country, On the of New York State, with about 7,504 west, the Green Zone refugees resettled in the last four borders the Niagara years. u.tNw River. Adjacency to Elmwood Village the -�.- The objective of the Green Development Zone is to create a national model of urban revitalization by concentrating strategic investments in green - design housing rehabilitation, E environmental sustainability projects on vacant land, community gardens, and other urban agriculture projects. Since the mid - 1970x, Buffalo's West Side has experienced declining population, increased fastest appreciating neighborhood in all of Western New York and home to hundreds of small businesses of all types. A commercial district along Grant Street anchored by food wholesalers, retailers and restaurants. Five miles of accessible riverfront, with bike paths and several promenades. • A network of strong nonprofit institutions, including the rapidly - expanding D'Youville College. 'to date, PUSH and its partners have achieved the following in early efforts to advance the Green Development Zone: Constructed environmental housing or low and moderate sustainability projects on seven income occupancy. vacant lots in the Zone, including Through a community organizing a tree farm, community gardens campaign, helped to create a new and rain gardens, which absorb Block by Block funding program rainwater that would otherwise which enabled Homefront to begin contribute to sewer overflow renovation on six vacant homes on contamination. 1 9th Street. These homes will be Completed six units of green- sold by Homefront to first -time desi y ers. ON COMM UNITY DEVELOPMENT. • Through a partnership with WNY AmeriCorps, secured Federal YouthBuild funding for employing and training 60 out -of- school young people. • Secured funds for the green - design rehabilitation of 11 vacant units on Massachusetts Avenue for low and moderate income occupancy. Work to begin in December 2009. These properties will include extensive solar electricity and highly-efficient heating systems. • Secured funds through the NSP program to purchase 20 vacant properties in the Zone for the purposes of creating a development pipeline and piloting a vacant property landbank. • Broke ground on a "Net Zero" energy house at 10 Winter Street. Once completed this will be the most energy- efficient home in the region, with a geothermal heating system and extensive solar energy. • The Massachusetts Avenue Project, a nonprofit focused on youth development and food justice, has constructed a large urban farm with an aquaculture facility at its heart. • Green- design rehabilitation of approximately 100 additional units by PUSH and Homefront. • Infrastructure improvements such as bike racks, solar - powered street lights (where feasible), and benches. • Coordination with WIBs and training agencies to maximize local hiring in employment. • Investment in neglected parkland along Massachusetts Avenue. • Expansion of the MAP urban farm and establishment of additional community gardens. • Expanded refugee services, especially programs such as Homefront's effort to foster homebuyers in the Burmese community. • Marketing materials to pulblicize the accomplishments in the Zone and to turn it into a teachable model. The realization of the Green Development Zone would advance PUSH's effort to identify replicable strategies for combating blight in upstate cities. Elk Wit_- In addition to vacant lot reclamation, PUSH is concentrating its efforts on public space improvements in the Heart of the neighborhood. The Heart includes the Massachusetts Avenue Project's Growing Green Farm, which is a national model for urban agriculture training, youth entrepreneurship and neighborhood -based food security advocacy, and the Butler- Mitchell Boys & Girls Club, which provides recreational and child care services to residents in the area. Directly behind the Boys & Girls Club facility sits the neighborhood's largest, yet underdeveloped and therefore underutilized, green space, informally known as the Mass Ave Park. PUSH is proposing improvements to this City -owned park, which has enormous unmet potential to meet the recreational and environmental needs of neighborhood residents. The Healthy Neighborhood Park Concept Flan (reverse) was generated by eco-logic STUDIO based on community planning efforts specifically addressing this park. Nearly 100 residents of the area attended a Park Planning Meeting on October 14th, 2009. Introductions and a presentation of the project were followed by idea - generation and discussion by residents in small breakout groups. The groups were asked to consider the following questions: • What would make the park comfortable for you? • What would make the park useful to you? By the end of the meeting, each breakout group presented their ideas to the full group. The meeting was followed by a public review period in December of 2009, which collected resident input on a draft Park Concept Plan through comment boxes set -up at four neighborhood locations. Over 40 residents, primarily neighborhood youth, contributed to this review. The Healthy Neighborhood Park Concept Plan directly reflects resident input from both the planning meeting and the review period. PUSH and its member leaders are currently developing a partnership with the City of Buffalo to reconfigure this Park according to the neighborhood consensus reflected in the Concept Plan. HEALTHY NEIGHBORHOOD PARK DRAFT Qon66pt'P1Cqfi 11 Asa continuation OiPUSH's Health � Neighborhood Planning effort, a community y meeting was held on October 14,2009to solicit input from residents on the use and improvement of the "Massachusetts Avenue Park". Nearly 100 People attended and �offered suggestions in a break -out group foronat, voting in each group oil the most ifavored ideas. This plan represents a first attempt to synthesize the public Input into a cohesive plan. It is the intent of file planners that, in addition to meeting the needs of -- -------- Alle neigh borh w ood residents, the pa be regena rative iii nature, and as close to carbon ow arid runoff neutral as practicable. HAMPSHIRE 57. CL Z PL. This proposed access point Connects directly with the most active recreation area of the park, allowing users to enter this zone directIV through a clearly in k d --gateway. Additional access are proposed in response to safety L safety - and security issues raised at the community meefing. , PARK j The skate park responds to. f increasing demand among neighborhood youth for off-street skateboarding and rollerlifading I -- facilities. GREAT LAWN l T he " great lawn' is a multi-purpose playing field, central to the active recreation area. Its �:design simultaneously accommodates mini soccer and !football, two popular -= neighborhood sports, a long with ':other ball games. It also provides I 'a large open spare for community i �ac fivities, such as festivals, flea markets. and (armor's markets. �100MMUNITY _0ENTRAL This area acts as a covered transition space between the active recreation zone and the play, and community zones. This area can accommodate COrICOSSiOnS, PIG411C tables, ___outdoor grills, benches, fresh an d recycling, as well as park rules - and "news and events" postings. .x\ f _ i­ Z K J�. V N -O BAS K E BALL One of the existing basketball courts would remain. It is a very THE FAMILY 0 q PAVILION have a removable bollard to allow The Fatiii1V Pavilion is the hub of I I the family and play areas with a vehicles only into tile park. The variety Of activities encircling ItAt sidewalk edge is planted heavily, contains a covered, landscaped k making a visual connection with BUFFAW the MAP Urban Farm across the adjacent to the splash pad and street. It becomes a "Green HEALTHY NEIGHBORHOOD PARK DRAFT Qon66pt'P1Cqfi 11 Asa continuation OiPUSH's Health � Neighborhood Planning effort, a community y meeting was held on October 14,2009to solicit input from residents on the use and improvement of the "Massachusetts Avenue Park". Nearly 100 People attended and �offered suggestions in a break -out group foronat, voting in each group oil the most ifavored ideas. This plan represents a first attempt to synthesize the public Input into a cohesive plan. It is the intent of file planners that, in addition to meeting the needs of -- -------- Alle neigh borh w ood residents, the pa be regena rative iii nature, and as close to carbon ow arid runoff neutral as practicable. HAMPSHIRE 57. CL Z PL. This proposed access point Connects directly with the most active recreation area of the park, allowing users to enter this zone directIV through a clearly in k d --gateway. Additional access are proposed in response to safety L safety - and security issues raised at the community meefing. , PARK j The skate park responds to. f increasing demand among neighborhood youth for off-street skateboarding and rollerlifading I -- facilities. GREAT LAWN l T he " great lawn' is a multi-purpose playing field, central to the active recreation area. Its �:design simultaneously accommodates mini soccer and !football, two popular -= neighborhood sports, a long with ':other ball games. It also provides I 'a large open spare for community i �ac fivities, such as festivals, flea markets. and (armor's markets. �100MMUNITY _0ENTRAL This area acts as a covered transition space between the active recreation zone and the play, and community zones. This area can accommodate COrICOSSiOnS, PIG411C tables, ___outdoor grills, benches, fresh an d recycling, as well as park rules - and "news and events" postings. .x\ f _ i­ Z K J�. V N -O BAS K E BALL One of the existing basketball courts would remain. It is a very THE FAMILY 0 q PAVILION have a removable bollard to allow The Fatiii1V Pavilion is the hub of I I the family and play areas with a vehicles only into tile park. The variety Of activities encircling ItAt sidewalk edge is planted heavily, contains a covered, landscaped k making a visual connection with seating area, providing seating the MAP Urban Farm across the adjacent to the splash pad and street. It becomes a "Green larger kids' play area as wall as for '- - faiiii[Vatideduratioitaleveiits Threshold" from this section of the neighborhood. -MASS. AVENUE ENTRANCE This main access jtoint would have a removable bollard to allow -emergency and maintenance vehicles only into tile park. The sidewalk edge is planted heavily, k making a visual connection with f i the MAP Urban Farm across the street. It becomes a "Green Threshold" from this section of the neighborhood. ram i popular recreation activity in the park and shouId be improved. CENTOL SEATING B asketball, skating and soccer all h ave a large spectator draw and p roviding a common sealing area that overlooks all three promotes a - stronger sense of ceoss-activity participation. v PLAY AR EA ''I 6-12 9-14 ----- ----- A play area for r 5.1 and 9. 14 offers more challenging equipment, including swings and chilibinfl elements, and enables social interaction. The location is more removed from the Family Pavilion . and smalter kids, providing a sense of autonomy for the older f kids, while mahitaliting sight lines for parents at the tat lot. F _SPLA8H PAD' A"spiaskpad" area firoWdes water play for all ages with less -inaintonance and liability, and is close to the Family Pavilion. r WINTER STREE� -- 4A kNinter Str6et entry would fi Wintert troats directly to Jim family zone with benches and planter boxes lung thedlin garden walkway, N PLAY AREA 2­5 tot lot play area for 2.5 y olds i f with rubber surfacing and pea gravel digging pit is close to the i Family Pavilion area to provide shaded play and seating for faini lies with small children. A --t-sirriall play lawo.is, between the gain& tables and tot Jot. PUSH: HEALTHY NEIGHBORHOOD PARK ORDER OF MAGNITUDE COST ESTIMATE 1.0 DEMOLITION/CLEARING GRADING, ROUGH $ 45,000.00 REMOVALS/HAULING INCL 2.0 INFRASTRUCTURE WATER Service, Yard Hydrant and Drinking $ 15,000.00 STORM SEWER Drainage at Boys & Girls Club Rear $ 15,000.00 ELECTRIC /SECURITY Service, Distribution and Security $ 50,000.00 Cameras ROAD PAVING Asphalt Concrete Section $ 67,000.00 PERIMETER FENCING Welded Metal $ 75,000.00 CONCRETE PAD Boys & Girls Club Program Space $ 8,000.00 3.0 PARK ELEMENTS COURTS Resurface and Paint, Replace $ 17,000.00 Backboards LAWN Sod /Compost installed $ 33,000.00 PLAYGROUND Allowance $ 40,000.00 WATER FEATURES Allowance $ 30,000.00 SKATE PARK Allowance $ 50,000.00 PARK PAVILION Allowance $ 25,000.00 COMMUNITY CENTRAL Allowance $ 40,000.00 PLAYGROUND? SURFACING Rubberized Paving $ 75,000.00 4.0 LANDSCAPE PLANTING 'trees, Shrubs, Perennials, Compost $ 55,400.00 RAIN GARDENS Allowance $ 8,000.00 DRAINAGE Rear of Boys & Girls Club $ 2,800.00 PEA GRAVEL Digging Pit $ 1 STONE SEAT RETAININGWALLS Amphitheater $ 11,600.00 5.0 AMMENITIES BIKE RACKS 8 Total $ PARK BENCHES 12 Total $ CHESSBOARD TABLE & BENCHES 6 Total $ TRASH RECEPTACLES 10 Total $ RECYCLING RECEPTACLES 4 Total $ LIGHTING Site and Activity $ SCULPTURE Allowance $ GATEWAY STRUCTURE Allowance $ SIGNAGE Allowance $ Two Locations with 911 Dial and Camera $ EMERGENCY CALL STATION 6.0 BUTLER MITCHELL IMPROVEMENTS GYMNASIUM HVAC Replace Existing System $ PARK ACCESS DOORS Modify Rear Access, install new doors $ 4,000.00 9,600,00 7,200.00 5,000.00 6,400.00 20,000,00 10,000.00 15,000.00 10,000.00 15,000.00 50,000.00 10,000.00 MISC Special lighting or security $ 5,000.00 29 January 2010 eco-logic STUDIO 1 of 2 PUSH: HEALTHY NEIGHBORHOOD PARK ORDER OF MAGNITUDE COST ESTIMATE SUBTOTAL CONTINGENCY (15 %) TOTAL CONSTRUCYION COST SOFT COSTS TOTAL PROJECT COST LEGAL Allowance SURVEYING Allowance A/E FEES 29 January 2010 $ 831,000.00 $ 124,650.00 $ 955,650.00 $ 10,000.00 $ 5,000.00 9% $ 86,008.50 $ 1,056,658.50 $1,100,000.00 eco-logic STUDIO 2 of 2 4 0 ""M WON,- OW7 BUFFALO r` 3 x3 PEOPLE U M, SUSTAINABLE HOUSING David A. Rivera �. �, �� Buffalo, NV X4213 11 .� Pj' ? 5 p: (716) 884 -0356 Niagara District Common Council Member J! / (l o f: (716) 884 -0358 1504 City Hall www.pushbuffalo.org Buffalo, NY 14202 May 25, 2010 Dear Council Member Rivera, We at PUSH Buffalo are writing to update you and the Common Council about our community plan for the Mass Avenue Neighborhood Park, at 378 Massachusetts adjacent to the Butler - Mitchell Boys & Girls Club. As you know, this park has a long history as a great neighborhood asset. It once housed a beloved community resource center and pool and is currently the largest green space between Front Park to the south and Riverside Park to the north, offering recreational opportunities such as basketball, handball, and a playground within walking distance to central West Side residents. Yet the park has suffered some abuse and much neglect in recent years. Despite some inherently strong qualities, the park today is marked more by its problems — greater vacant space than play space, absence of families and children encouraging criminal use, poor maintenance —than its opportunities. Residents' frustrations concerning their park fueled PUSH to begin a community planning process in October 2009. More than 100 residents gathered to brainstorm ideas for making the park a more comfortable and functional space. The positive energy of the meeting produced hundreds of ideas in small breakout groups, which were prioritized by the entire group and assembled by architect Kevin Connors of ecoLOGIC Studio into a draft concept plan. The draft plan was put through a review period, during which another 100 residents submitted their comments, and a few changes were made based on the review. In February 2010, a leadership group of residents brought our plan to the Department of Public Works to meet with Commissioner Steve Stepniak. The enclosed letters from these leaders express their personal motivation to help move our park plan forward. 271 Grant Street Buffalo, NY 14213 p. (716) 884 -0356 f: (716) 884-0358 www.pushbuffalo.org The Commissioner, former Deputy Commissioner of Parks Sue Gonzalez and Engineer Francisco Guzman gave us their feedback, informed us that $96,000 had been bonded for our park, and asked PUSH to help determine how that money could be spent towards beginning to implement our community plan this year. We are excited to see our community plan become a reality and even more excited to take part in making that reality happen. Thank you for your continued support of our efforts on the Mass Ave Neighborhood Park! We look forward to sharing our progress with the entire Council. Sincerely. PUSH Buffalo REFEWLMI I ON �59[ _ +C kN par i -r�_- _ - -r�- .. ...... _.......�.._ . - try_. + zw - i V c ._5 -_ r .-fit. - - - 4 P ( a ,.:�, -k� - r f S y . 7 ('e. Val __ -- � „ fl . ti Ry y b ) liuL _ _ - �°- C��- - may � �_ z_ ���_• - - - F -CA -� .... _ y C r � i V v -. ON .t CSC ... ky C'�_'s now s t f r � a \ ! Buffalo Public Schools District Parent Coordinating Council Howard Lewis Parent Center 179 Albany Street Buffalo, New Fork 14213 Co- Leen'ebb,1'resident Sabirah Muhamrrrad, Recording; Secretary Samuel L. Radford 111, Vice President Kira M. Walek, Corresponding Secretary Kaniala Muhammad, Treasurer Lloyd Hargrave, RSSC Liaison For Immediate Release June 16, 2010 For more information contact Sam Radford (716) 5783571 Buffal P O utl i ne "o el MATTE * Changes for Suspension Policy OF LIFE AND D EATH" The unfortunate death of Lafayette H.S. Freshman Jawann Daniels after being suspended for being caught in a hall sweep requires an immediate since of urgency on part of all mem1bers of the Buffalo Public School Community to solve the longstanding problem? of Suspension in the Buffalo Public School District. Suspending Jawaan was not a Solution to the problem of him being; in the hallway. Sending hire home in this case made the situation worse not better.. This is trae in many other cases of Suspension. The Philosophy of Suspension must be rethought and lead to schalons. Parents are very encouraged that the district is moving in the right direction as it relates to student achievement and want a suspension policy that build on the Academic gains that district has made over the past five years. The current suspension system is Archaic and Punitive. Students get suspended for things like talking during fire drills, being in the hallway, being late for school, not being in uniform, or not going to detention. Parents are not interested in justifying misconduct by students but it's clear that Suspension is not a solution nor has it served as a deterrent to any of the listed problems. This is an Educational System and problems should be an opportunity to teach children not punish these. When a student does something wrong in a school that should present everyone involved with a teachable moment. Teach better problem solving skills, teach coping techniques — most importantly in all cases teach (not punish) and measure the effectiveness of what we are teaching. 1 Representatives of the District Parent Coordinating Council have met on this issue with School Board Members and District Administrators since November. In the course of those meetings we have come to the following conclusions and want them factored into a new suspension policy. 1. Suspension should not be the sole discretionary power of the Principal. a. The Principal is not necessarily the most qualified person to determine whether a suspension effectively addresses the underlying issue in a way that will benefit the The District Parent Coordinating Council is: � "Building capacity for parent involvement to improve student achievement": �� student. This is some cases may require a competent professional social worker, The recommendation on how to best address the issue should be decided by those best able to determine a course of action that leads to a resolution. 2. Grounds for Suspension a. All suspensions should be proportional to an infraction. These should be predetermined in some cases and minor infractions should not be grounds for suspension at all. 3. Progressive Discipline a. There should be a progressive discipline policy that leads to suspension as last resort and not a first option, For example discipline should progress from 1. Verbal warning 2. Documented Warning 3. Parental Invention 4. Professional intervention. 4. Eliminate Out of School Suspension for Nonviolent infractions a. Develop In school suspension at all Buffalo Public Schools b. In school problems should have in school solutions. if something requires out of school solution that should be determined by parents and competent professionals. c. Necessary resources should be brought into the school and should be practiced in schools if this is the problem is being played out. 5. Eliminate Home Instruction as currently practiced a. Develop a clearly defined educational plan for students not in classroom, that is monitored, reported on and evaluat.-d b. :instruction should always be in wi educationai setting and tIL-1 c student should always be in a situation where they are not falling behind on what there fellow students are learning. There are many other recommendations that have been made, but let this be a basis for addressing some of immediate concerns of parents. Most importantly parents want us to commit to a path of successfully solving this problem. Fai reuAnwma Matter of Life and Death. ON 0 , LO T� PRESS CONFERENCE Date: June 1G, 2010 Time: 3:30 pm Location: Steps of City Hall Speakers: District Parent Coordinating Council Executive Officers Buffalo School District PTA. Presidents Concerned Parents Concerned Community Members The .district Parent Coordinating Council is: "Building capacity for parent involvement to improve student achievement". o-. PETITIONS June 22, 2010 5 ' 00061 P. Tsoufliois, Ovvner, Use 708 Elmwood -To Alter Fagade of Building and Rebuilding Existing Outdoor Cafd (Del)(Pub Hrg 6/29) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK S OLE, JR. Deputy City Clark DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PRONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. l Signed (Agent 6r Owner).- Print Name �i-) Wt- - -.k, Phone # Date 6 `\� tc. ATTENTION: PLEASE ALSO CONTACT RILL GRLLO PRINCIPAL PLANNER, 851-5086 F®R PLAITING BOARD MEETING., City of Buffalo I '65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 06114/2010 11:09 AM A/P # 155209 UM-01" Submitted By FLD GC wilding Application Page 1 -Stages Date / Time By Date / Time By Processed 06114/201011:08 DIGEF Temp COO Issued COO Final Expires .As,0 ted loformo Valu ation I Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Prionly ® Auto reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description at Wo *` PLANSIRESTRICTED USE PERMIT 511- 551FEE/COMMON COUNCIL APPROVALIPUBLiC HEARING REQUIRED TO ALTER THE FACADE OF 2 STORY FRAME RESTAURANT BY REPLACING FIXED GLASS WINDOWS WITH ACCORDIAN STYLE OPENING WINDOWS AND REBUILDING EXISTING OUTDOOR CAFE (SAME SIZE) ON THE R.O.W. IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT. Parent A/P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 708 ELMWOOD BUFFALO NY 14222 - Location Contact 10 AC1249896 Name TSOUFLIDES EFTHALIA Mailing Address Organization City 708 ELMWOOD StatelProvince BUFFALO NY ZIP /PC 14222 -2081 Country :Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 02/22/2005 To 05/06/2007 ContactlD AC52527 Name TSOUFLIDES,EFTHALIA Mailing Address 708 ELMWOOD Organization City BUFFALO State /Province NY ZIP /PC 14222 -2081 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID A03462291 Name PAUL TSOUFLIDIS Mailing Address 708 ELMWOOD Organization City BUFFALO StatelProvince NY .ZIP /PC 14222 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06113/2010 To ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 I) (716)851 -4949 Fax(716)851 -5472 l Report Date 06/1412010 11:09 AM No Addresses are linked to this Application No Addresses are linked to this Application 1002900003012000 No Parcels are linked to this Application No Applicant Contacts Submitted By FLD GC Building Application Page 2 O N = Vi Primary Y Capacity Type Effective Expire Contact 1D TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPLI PAUL TSOUFLIDIF 716 -818 -8949 999999 HIM AC125720 TO BE BID Check Fees flees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - ASSEMBLY ($75.00) Unpaid GC PMT, INSP, C OF 0 FEE - ASSEMBLY ($12.48) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 510232 BCODEREV BUILDING CODE REVIEW Incomplete 510233 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 510231 ENGINEER ENCROACHMENT OVER CITY ROW? incomplete 510234 FPLAN FIRE PREVENTION PLAN R£VIEWREQ Incomplete Check Conditions Conditions Failed MD MULTI - DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 07 APPLICATION FEE U 50.00 GC PLAN REVIEW - ASSEMBLY U 75.00 GC PMT, INSP, C OF O FEE - ASSEMBLY U 12.48 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 Total Unpaid 337.48 Total Paid 0.00 .----- - - - - -- . -------- - - - --- - -- -- City of .5uffalo t 65 Niagara Square Buffalo, 14Y 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 061141201011:09 AM R RVAMX There are no Inspections for this Report �� CC Building Application F ��s Submitted By FLD Page 3 510232 SCODEREV 0 N 06/14/201011:08 510233 CC APP 0 N 06/1412010 11:08 510231 ENGINEER 0 N 06/141201011:08 510234 FPLAN 0 N 061141201011:08 Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Date lime 06/14/2010 11:07 Comments No Comments PRIOR APPROVALS i Eflo Arts Commission i [] Arts Comm. Approval i City Survey (can't) ❑Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ BondlCertified check ❑ Assessment Combination Common Council ❑First Insurances Check City Engineering E) Admin Office /Apts R4 ❑ Public Works approval ❑ Curb Cuts ❑Beauty Parlor R2 E) Notarized Permission! for pnrta6fe sign one year Encroachment I 0 Eht ! E) Canopy /Marquee ROW lease show Use E) RodentNer n Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign E) Sewer/Water Cut Cl Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition C1 Telecommunication i ❑ Street Cuts Q Portable Sign in ROW ❑ Simple Plan Approval Restricted Use Permit E) zoning /Use Check E) Tree over 4" at 4' City Planning ❑Other E) Thruway Sign approval ❑ Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance E) Urban Renewal ❑ S.E.O.R.A. (j N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply I ❑ Flood Plain ❑ Title Held Q Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF Modified Datelfime 06/14/2010 11:07 Comments No Comments r City of Buffalo 65 Niagara Square Buffalo, NY 14262 I (716)851 -4949 Fax (716)851 -5472 Report Date 061141201011:09 AM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review DIGEF 06/14/2010 11:08 Page 4 .............. ... 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner ❑ Truss Construction Zoning Board of Appeals ELEVATORS You must fill out the custom form on activity detail if there is ELEVATOR work to be completed. uilding Construction: There are no Items in this list CC Building Applicatrvn Submitted By FLID Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req`d for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC /Meth. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau City of Buffalo 65 Niagara Squa €e - I Buffalo, NY 14292 (716)859 -4949 Fax(716)851 -5472 E Report late 06/14/2010 91:09 AM Submitted By FLD GC Building Application Page 5 A v 1 A Fk47r et A .. l NSW F121J1-J7 WAL-1- Ir f "f t � C w 1,14E. If OF �C�- 1r1 7 t�Ct'J'`•VJpW 1 A - -- --- �---- � -_--- � :.__.. - _ �r rT I II II � 000 T. Flynn, Agent, Use 1175 William for an Outdoor Sign (Fill)(no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD f p 1� J Cl NAME OF AGENIOWNER ADDRESS PROJECT T THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE, REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (8515086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. ��'= C. City of 191iffalo '66 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 06117/201010:47 AM A/P # 155392 .Stages Date / Time SIGNS Building Application Submitted By FLD Page 1 BY Date / Time BY Location Contact 10 AC924285 Name 1176 WILLIAM STREET LLC Mailing Address 1175 WILLIAM ST Organization City BUFFALO StatelProvince NY ZIP/PC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax mobile 4 Occupant N From TO Owner Y From 0312312009 TO Contact ID AC330926 Name BRICKLAYERS AND ALLIED Mailing Address 1175 WILLIAM ST Organization City BUFFALO statelprovince NY ZlPVPC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N from TO Owner Y From 03/10/2009 TO Contact 10 AC83498 Name JARMUSZ,LEONARD J & I Mailing Address organization city 622 LEBRUN RD State /Province AMHERST NY ZIP/PC 14226 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 05/2812000 To 0510612007 No Addresses are linked to this Application No Addresses are linked to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 081171201010:47 AM 1121300002001100 No Parcels are linked to this Application Submitted By FL© SIGNS Building Application Page 2 Primary Y Capacity Type Effective !expire Contact ID TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPLICANT: TODD FLYNN 804 -2332 999999 HIM AC125720 TO BE Bill Check Fees - ' Fees Successful Check Inspections Inspections Successful Check Reviews Reviews Failed 510815 CC APP COMMON COUNCIL APPROVAL. REQ`D Incomplete 510813 EIA ENGINEERING INSURANCE APPROVAL Incomplete 510812 ENGINEER ENCROACHMENT OVER CITY ROW? Incomplete 510811 PLAN REV - REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 Tote/ Unpaid 0.00 510893 EIA 0 N 06/1712010 10:43 610812 ENGINEER 0 N 061171201010:43 510815 CC APP 0 N City of Buffalo ti5 Niagara Square Buffalo, NY 14202 (716)851.4949 Fax(716)851 -5472 Report gate 061171201010:47 AM Submitted By FLa SIGNS Building Application 1 --•! / Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified DatelTime 06/1712010 10:44 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts Encroachment Q Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development ❑ Flood Plain Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS City Survey (con T) E) Subdivisions Permit Office E) Asbestos Survey ❑ Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination Common Council E) Admin pff'ice /Opts R4 C) First Insurances Check C1 Public Works approval ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Canopy/Marquee ROW Lease showing use El Rodent/Vermin Bait encroachment ® Freestanding Sign E) Sewer/Water Cut � Sewer Retention ❑ Human Service Facility ❑ Simple Demolition E) Telecommunication ❑ Portable Sign in ROW ❑ Restricted Use Permit � Simple Plan Approval ❑ Tree over 4 at 4' ❑ Other ❑ Zoning /Use Check ❑ Thruway Sign approval Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ S.E.Q.R.A. ❑ N.E.P.A. ❑ Contiguous Check Law Office Water Department ❑ Insurances Check ❑ New Water Supply ❑ Title Held ❑ Water Retention Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two- Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review r4 Etectrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review 0 Fire Code Review Modified By DIGEF Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. Q Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for t=ire Bureau Modified DatefTime 06/17/201010:46 510811 PLAN REV 0 N 0611712010 10:43 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4048 Fax(716)851 -5472 Report Bate 06/171201010:47 AM SIGNS Building Application Submitted By FLD ❑ Work Done by Owner ❑ Zoning Board of Appeals ❑ Work Without Permit (FINE) FLAT FEES N0. TYPE OF SIGN SIZE(S) TOTAL SQ.FT, HEIGHT 0 Pole Sign = 0 0 . 0 1 Ground Sign 7'X1 TX11' = 28 7.0 0 Wall Sign = 0 0 Awning Sign = 0 0 Advertising Sign 0 0 Projecting Sign 0 0 Roof Sign 0 Zoning District: M2 There are no Items in this list No Employee Entries Page 4 No Log Entries .° SAN SAN SAN SAN SAN SAN EASTERLY BOUNDS OF DEPOT STREET— ORIG . =LY LAID OUT AS A 5Q. > _ STREET. C �-.7' AccESS- m� i ,e. - y= : CONCRE WALK y ,.., , ..... ,RM ( J I EDGE ASPHAI i I cab Ln (n 3 _'_ P80 a 4- rrl rl QOM r7l ou HALT PARKING _ -�- st c �i � ��� •' �� -``'�' m t I 0 LANDSCAPE AREA c) U) z u 0 m � . n m <. z m� > I 'a 0 n z 0 � �= n v N E• a -T E s r f C °a En w a rn \ -4 v N E• a -T E s r f � , / / (� � : ;� �: }�. : }.. d � }�, \¥ � � � } d« � ` :� ~ � }�� (� ;� ;� (- - � . -- - -. .. »� � ; ! � � _g: .. .� �� ����. - i City of Buffalo R emittance S ource Document 65 Niagara Square Buffalo, NY 114202 (716 )851 -4949 Fax (716)851 - 5472 <; Report Data 06/17/20101 OA9 AM Submitted By Kay Orlando Page 1 Trn # 468326 Trn bate 06117/20/0 10:49 Template Type BLDG ArP # 151335 Customer MADER CONSTRUCTION CORP.(GNC) DBA Address 970 BULLIS ROAD Cash Payment PO BOX 420 Check # 13175 300.00 ELMA NY 14059- - - i: item - ttflt_ ��atlaunti)tae GC PMT, INSP, C OF O FEE - BUSINESS 65PRBL 300.00 300.00 Total Amount 300.00 300.00 Amount Confirmed 0.00 Total Amount Due 300.00 AM WiTAIM Trn Date 06117/201010:49 A/P # 151335 Customer MADER CONSTRUCTION CORP.(GNC) DBA `000468326000000030000` 7fC * City of Buffalo Remittance Source Document 65 Niagara Square Buffalo, NY 14202 l P (716)851 -4949 Fax (718)851 -5472 Report Date 06117/201010:49 AM Submitted By Kay Orlando Page 1 Trn # 468326 Trn Date 06/17/2010 10:49 Template Type SLOG AIP # 151335 Customer MADER CONSTRUCTION CORP.(GNC) DSA Address 9701 BULLIS ROAD Cash Payment PO BOX 420 Check # 13175 300.00 ELMA NY 14059- .:_ teuctget #. Amu 6ant►unt due GC PMT, INSP, C OF O FEE - BUSINESS 65PRBL 300.00 300.00 Total Amount 300.00 300.00 Amount Confirmed 0.00 Total Amount Due 300.00 LAIMMI&I 2914JIUM—Minzw— MLiEICANI MM>; 49AiI81410INf I Trn Date 06/17/2010 10:49 AtP # 151335 Customer MADER CONSTRUCTION CORP.(GNC) DBA *000468326000000030000` *000468326000000030000* CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) 00063 Appt Associate Auditor(Perm)(2 Step)(Somani)(Compt) (ccp# 24, 618) Mrs Russell moved That Communication of 24 of .Tune 8, 2010, be received and Filed and that the Permanent appointment of Seema Somani, 12 Condon Avenue, Buffalo, NY 14207 at the Second Step of $45,206.00 is hereby approved. PASSED AYES - 9 NOES -0 Recommended by the Committee on Civil Service �.j:�� AYE NO FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RUSSELL SNWM Mai - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 11 a.%* I M " 6 10 " , 1, 1. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 6'7 PASSED June 22, 201.0 Perm to Accept Funds LaSalle Park Phase I (Ell)(PW) Gerald A Chwalinski City Clerk 1 f 9 -.. - ( li p M, = Appt Junior Data Control Clerk (Prov)(Inter)(Gartz)(Compt) Ccp#€ 25, 618 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT t 4 Recommended by the Committee on Civil Service Q ; Vii. 000) Appt Deputy Commissioner (Exempt)(Gugliuzza)(Fire) Ccp# 44, 6/8 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Civil Service 00063 Notices of Appointments - Temp /Prov /Perm Ccp# 58, 6/8 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Civil Service t a FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) Permission to Accept Funds -- LaSalle Park, Phase 1, Master Plan Implementation (Item No. 32, C.C.P., June 8, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized on behalf of the City to accept $654,830.00 from the Buffalo and Erie County Greenway Fund for the Development of the LaSalle Park, Phase 1, Master Plan Implementation, First Impression Project. Passed. Recommended by the Committee on Finance - Chairman TAB:rmv tAVV6U1mmor&mvWc5- 8c.doc I t f AYE NO SFL FONTANA FRANCZYK * 74' IY: GOLOMMEK * ms KEARNS LOO TO RIVERA RUSSELL SAUM maj 5 2/3- 6 314 - 7 City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED June 22, 2010 Perm to Hire Consultant ---- City Buildings (Various Districts)(PW) Gerald A Chwalinski City Clerk e �i do 4OQGS Permission to Accept Funds — LaSalle Park, Phase H, Master Plan Implementation (Item No. 33, C.C.P., June S, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorised on behalf of the City to accept $993,506.00 from the Buffalo and Erie County Greenway Fund for the Development of the LaSalle Park, Phase H, Master Plan Implementation. Passed. - 11A f Recommended by the Committee on Finance Chairman TAB:rmv tAwp6O)jMword'mv133c6- sc.aoc *AYE*NO* FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOC URTO RIVERA RUSSELL SNMI Ma - 5 2/3- 6 3/4- 7 City Clerk's department BUFFALO June 25, 2010 HON. BYRON W. BROWN [MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 70 PASSED June 22, 2410 Report of Bids ---- Bicycle Rack Installation — Phase II (PW) Gerald A Chwalinski City Clerk r Permission to Dire Consultant — City Buildings — Comprehensive Facility Assessments (Item. No. 35, C.C.P., June 8, 2010) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a consultant f ©r Comprehensive Facility Assessments on City Buildings. Funds for this project are available in 32320705 445100 —Buildings. Passed. Recommended by the Committee on Finance Z�Z /I .��._ `� Chun TAB:rmv TA%vp6©lmsw©r&rmv136t6- 8a.doc AYE NO FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS t0'CURTO PIVERA R 4F RUSSELL Smrm Maj - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 HON. BYOWN W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Curter, I present herewith the attached resolution item. No. 68 PASSED June 22, 2010 Perm to Accept Finds LaSalle Park, Phase ll (Ell)(PW) Gerald A Chwalinski City Clerk 00079 Bicycle Rack Installation Project Phase I10 2010 (Item No. 39, C.C.P., June 8, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Bicycle Rack Installation Project Phase II, to BB Ironart, LLC, the lowest responsible bidder, in the amount of $62,212.50 (Base Bid of $59,250.00 + [5% unit price increases] $2,962.50 equals [Total Award] $62,212.50. Funds for the project are available in accounts #31306706-445100 and #30032106- 445100. Passed. Recommended by the Committee on Finance airman ...._......__�_� TAB:rnty tAwp6©l mwor&7nv139c6- 8c.doc 10 AYIE NO i6NTANA FRAN GOLD L+ x HAYNES x KEARNS , tOC .TO RUSSELL S Maj - 5 2/ 3- b 3/4- 7 � � � City Clerk's Department BUFFALO June 25, 2010 i s`i M2= i 0 i A o 11... 1 n► Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 71 PASSED June 22, 2010 Report of Bids --- Sycamore Village Entry Walls & Peace Installation (Ell)(PW) Gerald A Chwalinski City Clerk } -9 - - ir G G Nmm Report of Bids — Sycamore Village Entry Walls & Fence Installation (.Item No. 40, C.C.P., June 8, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Sycamore Village, Entry Walls & Fence Installation, Job #1014, to Gardenville Landscaping, the lowest responsible bidder, in the amount of $201,198.84 ($178,288.00 vase bid + $4,620 alternate #1 + 10% increase $18,290.80 $201,198.8. Funds for the project are available in 30311306 445100. Passed. Recommended by the Committee on F' nce Chairman TAB:rmv APPROV--ED c;\wp6oVanvoraxmveanc6-8r.aoc _ AIL 6 2010 MAY AYE NO FONTANA YK FRAN CZ GOLOMBEK HAYNES ]KEARNS E - O — CbRTO IIWER,A RUSSELL sAffm maj - 5 2/3- 6 314 - 7 City Clerk's Department BUFFALO June 25, 2010 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. '7'6 PASSED June 22, 2010 Food Store License (New) -163 West Ferry (Nia)(EDPT) Gerald A Chwalinski City Clerk Lj dill >1j7 00072 Contract with Buffalo Municipal Housing Authority for the Provision of Supplemental Buffalo Police Services at Authority Properties (Item No. 45, C.C.P., June 8, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That Mayor bid he hereby is authorized to entqrAV a contract with the .Buffalo M cipal Housing authority pep ffittin the BuffaWPofi (# Depart r t to provide supplen)ent4olice service at variouslousing evelopdents o ed by tt uffalo Municipal Hbus4Authority. The -tity will be paid�at a rate of 63 per o cer per hour and nc t to } ekceed $65b OW Funds are g�fi nded to tl Wffalo Mu 'cipal Housing Abthp ity through9 United States Department of Housing and Urban �� i r G' i Recommended by the Committee on Finance / \qirman TAB:rmv is %V6©Xmmor&rmv%45c6- Sc.doc ofDxm j Mr. Kearns moved that the above item be recommitted to the Committee on Finance 1 O • aI AYE NO FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS L®CURTO RJVERA. RUSSELL J aj e S 2/3- 6 3/4- 7 *` 0003 Change Order for 2009 Citywide Tree Removal (PW) ( #28, 5125) (490, That the above item be the same and hereby is Received and Filed. ADOPTED - Recommended by the Committee on Finanac r Cj COMMUNITY DEVELOPMENT (MICHAEL J. L ®CURTO, CHAIRPERSON) City Clerk's Department BUFFALO June 22, 2010 NON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 74 PASSED June 22, 2010 Approval to Transfer One (1) Home in Sycamore Village Subdivision -381 Sycamore (Ell)(BUFA) Gerald A Chwalinski City Clerk 5 if #Ir 01 U 11 00 1 74 r L Buffalo Urban Renewal Agency — Transfer 381 Sycamore (Item No. 52, C.C.P., June 8, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: T Mepted. T,- / U Recommended by the Committee on Community Development Chairman TAS:Ymv TAwp6oVuswordVmv\52c6-9c.aw i x AVE NO S FONT ANA FRANCZYK GOLOAMEK HAYNES KEARNS LOCURTO RUSSELL SNUM 2/3- 6 3/4- 7 NO 75 APPROVAL TO TRANSFER ONE(1) HOME IN SYCAMORE VILLAGE -381 SYCAMORE(ELL) (ITEM NO. 150, C.C.P., JUNE 8, 201©) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved that the Hearing be Opened 2 By Mr. Golombek Appearances None Councilmember Fontana moved that the Hearing be closed 2'' by Mr. Kearns + j Buffalo Urban Renewal Agency – Transfer 381 Sycamore (Item No. 150, C.C.P., June 8, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: � ' That the Chairman, Vice - Chairman, or any du Q e of the Ci i f BuffaloUrfiaq Renew• reby -a - affix d-to execute any and all deeds or lother necessary t10 o co ey land corn own as Lot 2, 381 Syca�nor f amount of $ 150,000.00 t(Laythariette Shine w Is to f- Agency Legal Counsel. 0 1 %(> -4 Recommended by the Committee on Community Development 1 99 6 an V Tnn:nnv TAwp601msw©txPntnvli Oc6- Sc.dnc LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) L F • M Food Store License --- 163 West Ferry (Item No. 46, C.C.P., June S, 20 10) 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 Hafedh H. Al Shahri located at 163 West Ferry d/b /a Sam's Grocery. Passed Recommended by the Committee on Legislation � Chair TAB:rmv TAwOO\msword=vY- U c � * AY NO * R FONTANA FRANC X GOLOMB 7k' YNES 1ti REARN �i LOC TO RIVERA �i 9ti RUSSELL s yip 'III `� Mai m 5 fiC � J dal ° 6 3 5F sF 3/4- / q City Clerk's Department BUFFALO June 25, 2010 �e11, M . 01 VT ^a►rI II�►T ARMIl Pursuant to the provisions of Section 3 - 19 of the Charter, I present herewith the attached resolution item. PASSED June 22, 2010 S. Gedra, Owner, Use 478 Elmwood To Erect a Seasonal Enclosure on an Existing Outdoor Cafe(Nia)(no pub hrg) Gerald A Chwalinski City Clerk 00077 R. Montana -F. Fogarty-Time Warner Response to COB Renewal ( #62, 618) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 3 t M S. Gedra, Petition to use 478 Elmwood Erect a Seasonal Enclosure on an Existing Outdoor Cafe (item No. 73, C.C.P., June 8, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on June 15, 2010, the petition of S. Gedra, owner, for permission to use 478 Elmwood Avenue to erect a seasonal enclosure (vestibule) November 15 to April 1 and awning April 1 to November 15 in the front of Bistro Eurpoa on an existing outdoor cafe on the right-of-way in the Elmwood Avenue Special Zoning District, alk/a 484 Elmwood be, and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv i:Iwp6Olmswordl:rmdi73 c&- 8c.doe A 0 �) `0 AYE NO FONTANA FRANCZYK ze '60LOMBE HAYNES ICE LOCURTO RIVERA RUSSELL maj - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 HON. SYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 79 PASSED June 22, 2010 D, Muscoreil, Owner, Use 88 W. Chippewa- Sidewalk Caf6 in Front of an Existing Sit -In Rest (Ell)(no pub hrg) Gerald A Chwalinski City Clerk ,w� tf 00079 4. D. Muscoreil, Petition to use 88 Nest Chippewa Sidewalk Caf6 in the front of an Existing Sit -in Restaurant (Item No. 74, C.C.P., June 8, 2010) That the petition of D. Muscoreil, owner, for permission to use 88 West Chippewa to place a b' x 29' outdoor sidewalk cafd in the front of an existing sit -in restaurant on the right-of-way as per scanned sketch and survey, alkla 92 West Chippewa, be and hereby is approved. Passed. Recommended by the Committee on Legislation � - Whamnan TAB:rmv tAwp6OVnswor&:rmvl74c6- 8c.doc F, �I AYE NO ON'TANA FRANCZYK GOLONO HAYNE .. HEARN L® TO RUSSELL S AUM aj - 5 2/3- 5 t 314- 7 '� City Clerk's Department BUFFALO June 25, 2010 Pursuant to the previsions of Section 3 -19 of the Charter, I present herewith the attached resolution item. Igo. 80 PASSED June 22, 2010 B. Baumker, Agent, Use 2000 Elmwood to Erect an Illuminated Pole Sign (North)(no pub hrg) Gerald A Chwalinski City Clerk 000 180 B. Baumker, Petition to Use 2000 Elmwood Erect an Illuminated Pole Sign (Item No. 75, C.C.R, June 8, 2010) That the petition of B. Baumker, agent, for permission to use 2000 Elmwood Avenue for a 8'x4' high accessory pole sign be, and hereby is approved. Passed. Recommended by the Committee on Legislation �VAA/ Chairman TAB:rmv tAwp604nswor&:rmv%75c6-8c.doe IAPPROVED� JUL 6 2010 ' Al MAYOR FONT ANA FRANCZYK ..- GOLOMBEK HAYNES ]KEARNS LOCTO ' RUSSELL sAirm aj - 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 M FWAY M � Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. PASSED June 22, 2010 Food Store License (New) — 2483 Bailey (Lov)(EDPI) Gerald A Chwalinski City Clerk Support Amendment to Fruit Belt Renewal Area (Strat Plan) ( #10, 5/25) That the above item be the same and hereby is Received and Filed, ADOPTED Recommended by the Committee on Legislation qp,A " J. Fogarty -Time Warner Cable -City of Buffalo Renewal ( #58, 5125) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation f N M, Kearns- Concerns Required Time Warner Digital Set Box ( #56, 4127) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation' ,4 N � %tR X. Zylka- Protecting America Against Continental Shntdow ( 04, 4/13) That the shove item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation . 0 R. Fontana -C. McNierney- Concerns Ambulance Response in COB ( #57, 5125) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation `,� J. Smith - Response Concerns Rural /Metro Medical Services ( #51, 3/16) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation � f C. McNierney- Concerns RuraVMetro Medical Services in Buffalo (441,2/2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation F ' 0008 Food Store License — 2483 Bailey (Item No. 37, C.C.P., May 25, 201 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 Mohamed Abdufla located at 2483 Bailey d/b/a NYC Market, Passed Recommended by the Committee on Legislation (�- VA Chairman D APPROVE JUL. -6 2010 'rAB:rmv T-kwp6Mimwor&rmvWv525a.doc MAYO ) 1� " - �jf' ly SAYE *NOS" - F61WANX FRAN ` GOLOEK ... HAYNES KEARN LOCTO RIVERA RUSSELL S MajmS U �` .2/3- 6 3/4- 7 '� '� City Clerk's Department BUFFALO June 25, 2010 o 0 Kok", Me o ZIM 2 71 a 9 s Pursuant to the provisions of Section 3--19 of the Charter, I present herewith the attached resolution item. No. 89 PASSED ,tune 22, 2010 Food Store License (New) -- 2534 Bailey (Lov)(EDPI) Gerald A Chwalinski City Clerk .��4 00089 Food Store License — 2534 Bailey (Item No. 38, C.C.P., May 25, 2010) That pursuant to Chapter 194 of the City Cade, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed Moosa located at 2534 Bailey d/b /a Bailey & Kermit Market with the following conditions: I. No sales of blunts, tobacco or any tobacco items are to be sold at the stare. 2. No sales of beer, wine or alcohol are to be sold at the store. 3. All city codes with regards to outdoor signage MUST be adhered to. Passed Recommended by the Committee on Legislation TAB:rmv T_1wp6GVrLnYordhnvMc5- 25c.doa hairrnan °1 F 4 AYE NO F ONTANA �4 FR l9 OL V H:iK e e s . " S iE 74 4� S KEARN ib CU TO 'IF RtURA RUS s 3t aj - ,[5 2} 6 3/4- 7 '� City Clerk's Department BUFFALO June 25, 2010 I Al MY,101 M o 0 0 0 111 a W I - Ill Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 90 PASSED .tune 22, 2010 Food Store License (New) --- 1027 Smith (Fill)(EDPI) Gerald A Chwalinski City Clerk 000 Food Store License — 1027 Smith (Item No. 39, C.C.P., May 11, 2010) 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 Shaun White located at 1027 Smith d/b /a Smith & Paddy Community Mart. Passed Recommended by the Committee on Legislation Chairman TA]3:rmv TAwp6GVnswordtamVWc5 -I 1 c,doc MAYO 1 U L. -- 6 2010 e S it V { ♦' *AYE NO FONTANA FRAN CZYK GOLOMBEK HEARN L® `'O RIVERA RUSSELL maj a 5 2/ 3- 5 3/4- 7 '� City Clerk's Department BUFFALO June 25, 2010 ICON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. Ida. 105 PASSED June 22, 2010 Req Permission to Erect 12 Vertical "Street Pole Banners" Grider Street Gerald A Chwalinski City Clerk iE H Eliminate Foreclosure on Properties Due to Nonpayment of Water and Sewer Bills (Item No. 85, C.C.P., Oct. 13, 2009) That the Common Council requests the elimination of properties from the foreclosure auction due to delinquencies in water bill payments until a better method is put in place to deal with nonpayment of water bills; and That the Common Council requests that the past due interest rate of 21% that is applied to a metered home after 120 days and an unmetered home after 240 days is reduced to a feasible rate in addition to the establishment of a leak abatement program in the City of Buffalo; and The Water Board and Buffalo Sewer Authority evaluate monthly billing rather than the current quarterly billing cycle. Adopted. Recommended by the Committee on Legislation Chair? TAB T :lwp6olmsword\rmv185clo- 13c.doc i �. 00092 Change of Time for Alternate Parking (Item No. 120, C.C.P., July 21, 2009) That alternate parking times are changed in the City of Buffalo to 6:00 p.m. Mess circumstance or request provides to be otherwise, with the understanding that any final determination as to parking times is within the sole discretion of the Commissioner of Public Works, Parrs and Streets pursuant to Chapter 497 of the City Code. Adopted. Recommended by the Committee on Legislation TAB:rmv T:\wp6O\nMwordVmv\I2Oc7-21c.doe dhairman Allow Bottled "Mater as a Fool Item Under WIC to Combat Lead Poisoning (Item No. 128, C.C.P., Mar. 17, 2009) That the City Clerk forward a certified copy of this resolution to Congress Members Brian Higgins, Louise Slaughter, and Senators Charles Schumer and Kristen Gillibrand. Adopted. Recommended by the Committee on Legislation TAa:rmv T:1wp6©lmswordV mAl28c3- 17c.doc c Jp�a%4� �- ,. 0 RESOLUTIONS June 22, 2010 WHEREAS: The Strip Crab and bar at 1048 Clinton Street, known as Club Chit -Chat, has become a magnet for violent crime, including homicide, assault and robbery; and, WHEREAS: On June 13, 2010, a man was shot and killed outside Club Chit Chat and two others shot and wounded; and, WHEREAS: On February 1, 2010, a man was shot in front of the adult club, and another arrested inside the club for causing mayhem; and, WHEREAS: Since June 2037 police reports show nearly one - hundred calls for crimes such as shots fired, robbery, larceny, theft, fights, assault, harassment, narcotics, juvenile trouble and other crimes and disturbances; and, WHEREAS: It appears that Club Chit Chat is a "gang hang -out," where all forms of crime and mayhem run rampant; and, WHEREAS: Club Chit Chat has become a menace to the community, and the wild -west style gang shootings puts innocent members of the public in danger; and, WHEREAS: The community around Club Chit Chat is organizing a petition drive to the State Liquor Authority to revoke Club Chit Chat's liquor license; NOW, THEREFORE BE IT RESOLVED: That the Common Council requests that the Police Department report on strategies for dealing with the criminal problems at Club Chit Chat; and, BE IT FURTHER RESOLVED: That the Department of Permits and Licenses review Club Chit Chat's Go-Go License, Certificate of Inspection, Music and Vending License and conduct a public hearing as to whether these licenses should berevoked; BE IT FINALLY RESOLVED: That the State Liquor Authority respond to requests regarding the revocation of Club Chit Chat's liquor license. DAVID A. FRANCZYK ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION iV . �¢ vvernight shooting outside Club Chit Cha leaves By Brian Meyer News Staff Reporter Updated: June 13, 2010, 5 :10 pm Published: June 13, 2010, 12:45 pm A roan was fatally shot early this morning and two other victims were injured outside a Clinton Street adult entertainment club. Police have not released the name of the man who was shot outside Club Chit Chat at 1048 Clinton. Street, east of Fillmore Avenue. The shooting occred about 12:45 am. The victim, believed to be in his early 20s, was taken to Erie County Medical Center where he later died. Two other men, also believed to be in their 20s, suffered non -life threatening injuries, according to Police Department spokesman Michael J. DeGeorge, They were treated at ECMC before being released, Police sources said they believe that the individuals involved in the incident may have been together a good part of the evening. Detectives are investigating the shooting. People who have information are encouraged to call the confidential TIP -CALL line at 8472255. They can also text a tip at that number, or submit information at the Police Department's Web site. Art . ;U.11r,killed, two injured 'in shooting outsid i club Updated: June 14, 2010, 7:20 am / Published: June 14, 2010, 12:30 am A marl was fatally shot early Sunday and two others were injured outside Club Chit Chat at 1048 Clinton St., east of Fillmore Avenue. Police have not released the name of the man who was shot. The victim, believed to be in his early 20s, was taken to Erie County Medical Center, where he later died. The two other risen, also believed to be in their 20s, suffered injuries, according to Police Department spokesman Michael J. DeGeorge. They were treated in ECMC and released. People who have information are encouraged to call the confidential TIP -CALL line at 847- 2255. Man fatally shot outside Club Chit Chat" identified By Lou Michel News Staff Reporter Updated: June 14, 2010, 1 :06 pm / 0 comments Published: June 14, 2010, 1 :06 pin A man fatally shot early Sunday morning outside a Clinton Street adult entertainment club has been identified. Buffalo police say the victim is 27 -year -old Adrian Little of Buffalo. Two other men who were shot in the 12 :45 a.m. attack were treated and released from Erie County Medical Center. Homicide detectives are continuing their investigation into the incident, which took place in the 1000 block of Clinton Street. Police sources said they believe the individuals involved in the incident may have been together a good part of the evening. People who have information are encouraged to call the confidential TIP -CALL line at 847- 2255. They can also text a tip at that number, or submit information at the Police Department's Web site. lmichel(i ,buffnews.c ©m L Updated: February 01, 2010, 6:35 am 1 Published: February 01, 2010, 12 :30 am Saturday night at Club Chit Chat turned out badly for the Swaggard brothers. Before the evening ended, one had been shot and the other was arrested by Buffalo police. Marlon Swaggard, 24, who is believed to live in Charlotte, N. C., was walking out of the club at 1048 Clinton St. shortly before 4 a. m. when he was shot by an unknown gunman, police reported. When officers arrived at the scene, Swaggard was uncooperative, according to officers. He was taken to Erie County Medical Center, where he was treated and released. A short while later, Swaggard's brother, Morton, also of Charlotte, became enraged inside the club and began punching holes in the wall and breaking mirrors and pictures, according to a police report. Morton Swaggard then went outside and punched the club's glass door as officers looped on. He was arrested for criminal mischief and obstructing governmental administration. Man beaten, robbed after win at casiwt, Updated: November 09, 2009, 7:08 am i Published: November 09, 2009, 12:30 am An Orchard Park man who won $15,000 at Seneca Niagara Casino told Buffalo police he woke up beaten and robbed in a home on Smith Street early Sunday. The man said he went to the Club Chit Chat on Clinton Street to have a few drinks after leaving the casino with his winnings, police report. The victim, whose passport and Social Security card also were taken, told police he believes he was drugged at the bar. 01'I'Main Street-, The offbeat side of the nev.rs By Bruce Andriatch May 48, 2010,12:31 am/ 1 comment Get it with mushrooms We at Off Main Street have made our share of mistakes over the years, so perhaps it should be best if we did not chuck rocks around our glass house. But sometimes, we can't resist. To wit: An alert reader and fan of the Elmwood bar and bistro The Wine Thief was amused by an entry under "salads" on the restaurant menu. For $S, she noted, diners can have Fruta Mista, a salad consisting of almonds, apples, dried cranberries and raspberry balsamic dressing. The main ingredient is alleged to be "mescaline." We're guessing the menu writer meant "mesclun," a mix of young salad greens. If it is mescaline, the salad features a hallucinogenic recreational drug, famously favored by the late writer Hunter S. Thompson. Either way, we're not sure whether you get a red or a white with that, The Wrong Stuff The debate on when to hold a public referendum on downsizing the Amherst Town Board took a humorous turn Monday when Supervisor Barry Weinstein expressed second thoughts about his desire to hold a special June referendum instead of waiting until November. Council Member Mark Manna, who has consistently advocated that the referendum be part of November's general election, suggested that Weinstein might finally realize Manna was right. "I can always say I'm wrong," Weinstein told the lone board Democrat, "but I'm not going to say that you were right." "Means the same to me," Manna answered. Flying bison Actress Jessica Simpson famously thought Buffalo wings were named after the grazing beast, not the city where the saucy snack was created. Ben foot knows better. The 27- year -old artist and comic book creator from the United Kingdom recently had a desian called "The Buffalo's Plea" minted on T-shirts by the trendy Web site Threadless.com. It features an intricately drawn winged buffalo pleading from a speech bubble, "Please don't eat my delicious wings," "Obviously this design is basically just a play on the name of the famous dish but I think if Buffalo Wings really came from buffalo they would be pretty sad about having people eat them," hoot said by e -mail. Though Buffalo chicken wings are not widely caten in the U.K., foot said the English are gaining an interest in wings, which are, of course, pieces of crispy chicken. Now if only someone would inform Simpson. Crime story The arrest report for the 42-year-old Cheektowaga man seemed pretty standard. He was charged last weekend with theft of services and failure to pay for services. For the real news, you had to turn to page 3. "... The defendant while at 1048 Clinton Street, Club Chit Chat, refused to pay for three alcohol beverages, and lap dances while in said establishment." This just proves the old axiom: There's no such thing as a free lap dance. Supersize us Buffalo is growing. And not in a good way. A study releases this week by Men's Health magazine found that our fair city is the 14th fattest city in the country. The magazine ranked cities based on factors that include the percentage of people who are overweight, the percentage with type 2 diabetes, money spent on junk food and number of people who ate fast food nine or more times in a month. Our friends in Rochester are doing much better, finishing 73rd in the ranking. The bad news is almost all in Texas, where it turns out everything really is bigger. Five cities, including No. I Corpus Christi — "Corpulence Christi" was how the magazine referred to it — made the top 10. News Staff Reporters Joseph Popiolkowski and Sandra Tan contributed to this Off Main Street. offmaitnta'�,buffnews.com 74 101110, . -- _.._�ri,.� .� - '•-�2_•�N-�� a..,_... a � � Y�i-° i�+{ �. r�� "' 3�.��ar� , �a % ��. ":_ -.. .. __ -- _ - � - - - -. ,.. -. - - 7 se� �fc �.��� 4r't.b'��a+ ° i.�!•�.- �SS }��.'� -_ -_ - - -. _ . - -.. c, .:�. -s ig ik ;�'fk�i ,. r ` -. =sf , P • t ,.,..5 ff[[ L�.'Crt`:€. f i r�: i "(,'•i;F '!i�'i,:- _ Y - l :1:� ` � I 1 � t i I !. � � ' {Ui i � �c'3 �- I�? ^7 t 4f � :''7 �<�: ! ;t,i I I' S pry 1 E t t it € i1y i ,� �t tJ_.. '6 11 �. Lam, i� i -A 1 , k { a3- 4, !tl li!� j 1� - i j.d F- I I J - - 1 o f 3P Al � O` ^) I 1 - 3 � [ t 1 _ £ _ � `-,3, ! x y$ } 1 - - . his 10 F I's It ri � 1 1 s(! Ir. �4:` �S? 1 � ;r' !�" ^•, ;zt# ! - r t.p 1 €._ 10 I LTl I�i t n E 3Y TT F E � E i � � � i 3 i � i 1;1 fy= t. cu ILL U. L L I-' ',L Lt. '-f. V- U- W I!. LL _ -' - -M I-M w U� 0 m f`1 in 1.D 1 0 tu 101 10 60 p p F? F �2i 0 0 ��I p Ip tz f'y SI 2-1 D _j D i I J I. vl # ::i Q '0 lv� f" iw Z, "s �I z.) k?) C. lJ 341 o �,:I 3 3 � 2- •F ` 1 y E '- � j I I 3 X 13 � ' � fS 3 t ( ' N y" ( +) i3 1 ;: i C� 3 i 41 1 '� F } � �,� � f E l � _ 'TI- 9 -6 - N :I , i 0 in f l. I LI ul u• tij 1w �" to k l- r 1 �LfJ IAI �[3'_ = � � G' J) St t�• F t l • 71 I- Q1 N 0, b fill I C Le (.3 .2 0 C c> C-3 C3 n 0 0 cy n C) 14-- C� C� t�� cj 1 No zt Pi fi3 "s Y- i£�1 Z; Z :' [ Y•• i;• 'I N 0 - 7 1 � 8 M If- 74 } I I I ! I I I � 1 � f ( ; 1 . .� � I11 IEIs� I � � � � ! I 4 � � I I ; f =. ' j j� � I � � I I r 'n C-D or, f (o T -.. q 1:5 0 0 C! .0 j . Z, '�7, 4). L c- D. t� a. a- in- d- a- 6. r� 0, irL 0- IL ILL LL U- U- jD- U. u p - Lk. I i. n -n :i:4 1: fib - M cc rh M 05 crj M M m to. U w � Cfii U2 CO 5 C3 IC C 01 0 p p :-j _3 _3 D -j _3 0 0 0 0 0 Q 0 i17 10 03 Di I W co CD ;.Q • 0 zl & Ai r5 [ 13 v ZI 4) C kn 0 J2 F Tj ' � (I I I ` E ` I ? I ) S ! � I LL :1i u.; Aii w U i M Z3 C C lem eu N IN ID If I U! LO C4 - 3 1 0 0 0) 17) -4 0 4:1) J) (1) C, m -4 0 ea C 01 C� N IV ID N co �) F, Gi G1 al a h c C :41) 65 155 , C3 C C� 0 y71 f,� j) 4, eu N IN ID If I I 0. i t'a FT CO it ILL C• 1 C T) (� cj 'co C-) M C3 C w 0- It3 "N r° O 1z; 1 1:; 0 C) -1 1, C) CD C:1 S`'3 C) f 0 ("� 0 0 " No C) m I ij li�i�l 43 Q C4 i7 III V 1 O C3 q 0 C? 0 m I: C-) o kn in (D I— • - FL E c" "c- V T- 'f- T 6 6 E4_ to. o- a- 6- a fT is i Li,. U. LL IL V.- �n LC M M CO Cl" .0-1 ' (I - u) im m w 6-j f 7- Ito r-5 a" -3 40 v i<f' A- i8L tp V , 6 6 i E. t . - � v ..G � � � f � (r� � =.: 1 _ } E � •l . t ; S 1 •� C7 f' DIY �: I 0. i t'a . ui > LC iD a3 v LO I t 'N N cc, Z' C" tii I, Lq C'4 IC; C> 10- CO it ILL C• 1 C T) (� cj 'co C-) M C3 C w 0- It3 "N r° O 1z; 1 1:; 0 C) -1 1, C) CD C:1 S`'3 C) f 0 ("� 0 0 " No C) m Ca <D 43 Q C4 i7 III V 1 O C3 q 0 C? 0 m I: C-) o kn in (D I— - FL E c" 6 6 6 . ui > LC iD a3 v LO I t 'N N cc, Z' C" tii I, Lq C'4 IC; C> 10- CO it L" .03 1 ;iIj Ct C• 1 C T) (� cj 'co C-) M C3 C w 0- It3 "N r° O 1z; 1 1:; 0 C) -1 1, C) CD C:1 S`'3 C) f 0 ("� 0 0 " No C) m Ca <D 43 Q C4 i7 5 1 A Z; 1 f3 4':5 1 O C3 q 0 C? 0 C! o C-) o kn tZ . ui > LC iD a3 v LO I t 'N N cc, Z' C" tii I, Lq C'4 IC; C> 10- D D a 0 C; h Y < co n I Cs t W 11.1 i 0 0' Hj C io io 17- g g :'� r• �c� cs c's fir, i,i= E r`, � 1 01 1 , '7'1100M CO it L" .03 1 ;iIj Ct C• 1 C T) (� cj 'co C-) M C3 C w 0- It3 "N r° O 1z; 1 1:; 0 C) -1 1, C) CD C:1 S`'3 C) f 0 ("� 0 0 " U. C) m Ca <D 43 Q C4 i7 5 1 A Z; 1 f3 4':5 0 O C3 q 0 C? 0 C! o C-) o kn tZ c" 6 6 6 D D a 0 C; h Y < co n I Cs t W 11.1 i 0 0' Hj C io io 17- g g :'� r• �c� cs c's fir, i,i= E r`, � 1 01 1 , '7'1100M By: Mr. Golombek City of Buffalo Local Law No. (2010) Introductory No. �_ (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Public Works, Parks and Streets. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 15 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to include § §15- 4.1- 15-4.2 as follows: § 15 -1 Commissioner of Public Works, Parks and Streets. The commissioner of public works, parks and streets shall be the head of the department of public works, parks and streets. § 15 -2 Appointment; Removal. The mayor shall appoint, subject to confirmation by the council, and may at pleasure remove the commissioner of public works, parks and streets. § 15--3 Qualifications. The commissioner shall either (a) be a civil engineer who has been engaged in the actual practice of his or her profession for at least five years; or (b) have had at least five years of full -time experience in a supervisory position in public service administration or business administration; or (c) an equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the office. § 15-4 Duties and Powers. The commissioner shall: (a) Have all the powers and shall exercise all the duties hereinafter conferred upon the several divisions of the department except that if the commissioner does not hold a professional engineer's license, his or her duties shall exclude those duties which require a professional engineer's license and with regard to such duties the commissioner shall relinquish licensing jurisdiction to the city engineer; (b) Act as liaison between the department and other city departments and agencies having an interest in the affairs of the department; (c) Supervise the execution and management of all personnel, programs, activities and expenditures of the department; (d) Have such other powers and duties as may be provided by ordinance or law. §1574..1 Deputy Commissioner of Public Works, Parks and Streets There shall be a Deputy Commissioner of Public Works, Parks and Streets who shall act for and generally in glace of the Commissioner of Public Works, Parks and Streets and shall possess the same qualifications as those required for said Commissioner. The Deputy Commissioner shall be appointed by the Commissioner of Public Works, Parks and Streets and shall be removable at the pleasure of the Commissioner. 15 -4.2 Powers and Duties The Deputy Commissioner of Public Works, Parks and Streets shall exercise such ;powers and perform such duties as may be assigned to hire by the Commissioner of Public Works, Parks and Streets. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. Section 5: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. E � / J \ Byron W. Brown Mayor APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Bali Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AYE NO � FONT ANA F O�Z GOLOMB HAYNE KEARN LO .. TO RIVERA iitsSELL S MajaS 2/3- b * �` 3/4- 7 City Clerk's Department BUFFALO June 25, 20 10 NON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 96 PASSED June 22, 2010 LL Intro #7- Amending Charter in Relation to Dept of Community Services and Recreational Programming Gerald A Chwalinski City Clerk By: Mr. Golombek City of Buffalo Local Law No, (2010) Introductory No. ' j (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Community Services and Recreational Programming. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 16 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to include § §16- 4.1- 16 -4.2 as follows: § 16 -1 Commissioner of Community Services and Recreational Programming. The commissioner of community services and recreational programming shall be the head of the department of community services and recreational programming. § 16-2 Appointment, Removal. The mayor shall appoint, subject to confirmation by the common council, and may at pleasure, remove the commissioner of community services and recreational programming. § 16 -3 Qualifications. The commissioner of community services and recreational programming shall be a person who has either: (a) A college degree and demonstrated executive, supervisory and administrative ability with at least five years experience in government or human or community services; or (b) An equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the office. § 16 -4 Duties and Powers of the Commissioner. The commissioner shall have all the powers and shall exercise all the duties hereinafter conferred upon the divisions of the department; shall administer, correlate and coordinate all the functions of said divisions; shall provide facilities for the research, referral, planning and evaluating of any of the projects within the purposes of the department; and shall prepare or have prepared by the appropriate divisions applications for county, state and federal grants. � - L/ 1 §16 -4.1 Deputy Commissioner of Community Services and Recreational Programming There shall be a Deputy Commissioner of Community Services and Recreational Prop-rammin2 who shall act for and Generally in place of the Commissioner of Community Services and Recreational Pro2rammina and shall possess the same qualifications as those required for said Commissioner. The Deputy Commissioner shall be appointed by the Commissioner of Community Services and Recreational Proarammina and shall be removable at the pleasure of the Commissioner. 16-4.2 Powers and Duties The Deputy Commissioner of Community Services and Recreational Prop-rammina shall exercise such powers and perform such duties as may be assigned to him by the Commissioner of Community Services and Recreational Provrarnmin2. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. Section S: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. 6 1 ,�� , C� Byron W. Brown Mayor APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. 2 ' P� � g AYE NO � FONT. FRAN GOLD EK ... HAYNES KEARNS LOCUR.TO RIFVE RUSSELL S aj - 2/3- 6 3/4- 7 City Clerk's Department BUFFALO June 25, 2010 HON, BROWN W. BROWN MAYOR OF BUFFALO ISIX. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 97 PASSED June 22, 2010 LL Intro #8-Amending Charter in Relation to The Creation of Department of Parking Gerald A Chwalinski City Clerk I JUL G 2010 1 I MAYOR, 00097 �._ .. By: Mr. Golombek Local Law No. (2010) Introductory No. � (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the creation of Department of Parking BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 17 -A of the Charter of the City of Buffalo, adopted pursuant to law, is hereby added as follows: Article 17 -A Department ofParkina ( & &17 -9 - 17 -15) §17-9 Commissioner of Parking The Commissioner of Parking shall be the head of the Department of Parkiniz and shall possess the authority of the Commissioner of Traffic pursuant to &236 of the Vehicle and Traffic Law of the State of New York and Article 1, Chapter 307, W07.1-307.15.2 of the City and shall be the Chief Executive Officer of the Board of Parking. § 17-10 Appointment; Removal The Commissioner shall be appointed by the Mayor, subiect to confirmation by the Council, and shall be removable at the pleasure of the Mayor. § 17-11 Qualifications of the Commissioner The Commissioner shall be a Graduate from an accredited College or University and have at least three years of experience in the management, supervision or administration of parkinv, traffic or transportation operations. § 17-12 Duties and Powers The Commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the Department and the Parkiniz Violations Bureau, such other duties and powers, as may be conferred upon the Commissioner or the Parking Violations Bureau by law or ordinance and shall act as the Commissioner of Traffic for numoses of New York State Vehicle and Traffic Law &236. The Commissioner shall have supervision and manap-ement of the Department of Parking, and of its employees, and shall appoint such other persons as shall be necessary to perform the work of the Department of Parking and of its Parkinz Violations Bureau, within the amounts available therefore by appropriation of the Common Council. The Commissioner shall be responsible for the manap-ement of on- street parking operations. includinia: (1) determining where and when to focus enforcement; (2) creating budgets for the Department and the Parking Violations Bureau; (3) determining when and where meter or p ay site collections will take place; (4) determining levels and schedules of enforcement; (5) determining the adequacy of regulatory sianam, (6) overseeing parking meter and pay station repairs, (7) coordinating on- street and off - street narking initiatives relative to City -owned parking ramps to maximize parking efficiency and revenue generation; (8) coordinating public outreach and parking education initiatives to encourage compliance. - The Commissioner shall also be the Chief Executive Officer of the Board of Parkinsa and shall exercise all offmstreet parking duties conferred upon him or her by � 18 -36 of the City Charter. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. Section 4: This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. APPROVED As TO FORM ONLY: DA ID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel Byron W. rown Mayor NOTE: Matter underlined is new, matter in brackets is to be deleted. 2 AYE NO FONTANA FRANCZ ` GOLD L+ H, YNE S ' K LOCURTO RWERA RUSSELL S aj ® 5 213- 6 3/4- 7 '� '� By: Mr. Haynes RE: Grant Permission for Buffalo Infringement Festival to Hang a Banner Whereas: Buffalo Infringement Festival will be holding their 2 " annual festival this year from July 22, 2010 through August 1, 2010; and Whereas: Centered in the heart of Allentown, the Buffalo Infringement Festival is an opportunity for artists to share their music, art, poetry, dance, drama, performance and media with a public audience; and Whereas: Outdoor events and demonstrations will engage people with art and entertainment through various non - conventional forms of street performances, displays and exhibits; and Whereas: To encourage residents to participate in the event and to promote the festival, the organizers would like to hang a banner across Allen Street at the corner of Wadsworth; and Whereas: Buffalo Infringement Festival would like to hang the banner from July 10, 2010 until August 3, 2010; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby grants permission to the Buffalo Infringement Festival to hang a banner on Allen Street at Wadsworth on Poles 6 and 7, from July 10, 2010 until August 3, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED • /.///tom G �� %�1 � � c Curtis Haynes, Jr. 1 V'� Resolution Sponsor: Mike LoCurto RE: Permissions to Hang "Heartlight" Banner. Whereas: Child and Family Services is holding their 12' annual Hearflight fundraiser to benefit their organization; and Whereas: Representatives from Child and Family Services have requested permission to utilize two trees to hang the banner across Delaware Avenue at West Utica from Friday, September 3rd, 2010 through Monday October 4th, 2010 in celebration of this event; and Whereas: Child and Family Services representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to Child and Family Services to hang a banner celebrating their Annual Heartlight event across Delaware Avenue at West Utica from Friday, September 3rd, 2010 through Monday October 4th, 2010, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated, Michael J. LoCurto � �i BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 05 — DEPARTMENT OF LAW 1052 — ADMINISTRATIVE ADJUDICATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 05 — Department of Law, 1052 Administrative Adjudication which currently reads: Ordinance Compliance Officer $ 31,315 - $ 34,842 Is hereby amended to read: Legal Secretary $ 34,006 - $ 39,162 IT IS HEREBY CERTIFIED, 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 DAVID RODRIGUEZ, ACTING CORPORATION COUNSEL AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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. ON FINANCE, ., APPRO AS TO FORM Corporation Counsel 0611512fll(Y SOA DAVID RODRIGUEZ ACTING CORPORATION COUNSEL DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE e BY: Ms. RUSSELL 00101, BUDGET AND PERSONNEL AMENDMENT 03 — EXECUTIVE DEPARTMENT 1509 — STRATEGIC PLANNING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 03 — Executive Department, 1509- Strategic Planning which currently reads: I Executive Assistant to the Executive Director of Strategic Planning $ 42,297 Is hereby amended to read: I Confidential Secretary to the Executive Director of Strategic Planning $ 42,297 ,. ; IT IS BFREBY CERTIFIED, 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 BRENDAN MEHAFFY, EXECUTIVE DIRECTOR OF STRATEGIC PLANNING AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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. t� _ 0 TO THE MI T TEE N F I N A NCE, R-a las. o Corporation Cotinsel 06111/2010 _ DONNA J. ESTRYC DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE L �.p By: Mr. Smith RE: To develop an urban renewal plan in conjunction with strategic planning for the Central Park neighborhood. Whereas: The Central Park Neighborhood has been in a steady decline for the past 20 years; and Whereas: The residents of the Central Park neighborhood request the restoration of the neighborhood; and Whereas: Of the 49 storefronts in the Central Park Plaza only 3 are currently actively rented while other properties are dilapidated; and Whereas: The plaza has been subject to the dumping of wastes, criminal activity, dog fighting rings and loitering that has affected the entire area. Now, Therefore, Be It Resolved That: The Office of Strategic Planning, Bura and any other affiliated agencies develop an urban renewal plan for the Central Park Neighborhood from Fillmore Avenue to Olympic Avenue (west to east) and Main Street to the 33 Expressway (North to South). l emone Smith ON COMMUIM TY DEVELOP 0 By; Mr. Smith HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILL S. 1156B (A. 2062B) TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS WHEREAS, Bill S. 1156B (A. 2062B) has been introduced in the New York State Senate; and WHEREAS, such bill would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York State Department of Motor Vehicles; and WHEREAS, such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single convenient location; and WHEREAS, such authorization would be of benefit to the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS, such authorization would place the City of Buffalo in a position equal to other cities and towns in the State of New York with respect to the adjudication of traffic infractions; and WHEREAS, the City of Buffalo does not have the power to enact such legislation by local law; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Article 1X of the New York State Constitution, the City of Buffalo requests the enactment of Senate Bill 1156B (Assembly Bill A. 2062B), entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions "; and BE IT FURTHER RESOLVED, that it is hereby declared that that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the city does not have the power to enact such legislation by local law; and BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward four (4) copies of this Home Rule Request to the New York State Legislature as follows: Two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Senate Home Rule Counsel at Senate Post Office, The Capitol, Albany, New York 12247; and two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Assembly Home Rule Counsel at Assembly Post Office, The Capitol, Albany, New York 12248. Demone A. Smith ` t P� WM Resolution By: Mr. Smith RE: National light Out WHEREAS, On Wednesday, August 3, 2010 a unique crime /drug prevention event sponsored by The Crime Prevention Association of W.N.Y will hold its P annual night out at E.C.M.C. and WHEREAS, National Night Out is designed to heighten crime and drug prevention awareness; generate support for, and participation in, local anticrime programs; s strengthen neighborhood spirit and police- community partnerships; send a message to criminals letting them know that neighborhoods are organized and fighting back; and WHEREAS, National Night Out has proven to be an effective and inexpensive way to promote neighborhood spirit and police- community partnerships in our fight for safer communities; and WHEREAS, in 2009, National Night Out had a participation rate of 36 million people from over 15,000 communities from all 50 states, I.J. S territories, Canadian cities and military bases worldwide; and WHEREAS: The Common Council encourages participation by the public in this year's National Night Out celebration on Wednesday, August 3, 2010; NOW THEREFORE BE IT RESOLVED: That this Common Council hereby waives the permit fees associated with National Night Out on August 3, 2010; and BE IT FURTHER RESOLVED: That this Common Council hereby waives the press conference and kick -off celebration stage and permit fees for The Crime Prevention Association of W.N.Y celebration at E.C.M.0 on August 2,2010; and 4 is By: Mr. Smith RE: Requesting Permission to erect 12 vertical "street pole banners" along side of Grider Street between Kensington and Delavan Ave. Whereas: The signage would advertise the Farmers' Market at Grider which has been an initiative taken up by ECMC and the Delavan Grider Community Center; and Whereas: The Grider Street and Durham Street Block Clubs have been involved in this project as well as Ephesus Ministries, St. Phillips Episcopal and Mt. Olive Baptist Churches. Now, Therefore, Be It Resolved That: 12 vertical banners with the house /building numbers that are located behind or near poles at 591, 573, 525, near501, 493, between 451 -445, between 435 and 425, 397, 349, 335, 323, 299 and one "over street mesh banner" across Grider Street (pole #384) at Litchfield be hung June 28, 2010 through November 5, 2010. De one Smith PASSED, cone f "g - S r x A VE NO FONTANA - - '6� Z i K ■y GOLONBEK HAIM S� ... KEARNS S.i O CYJ R TO 1E' i5 R IVERA g RUSSELL 5� S MITH aj ° 5 2 6 3/4- 7 t£ City Clerk's Department BUFFALO June 25, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. R►1IIR PASSED June 22, 2010 LL Intro #6- Amending Charter in Relation to Dept of Public Works, Parks and Streets Gerald A Chwalinsi City Clerk {{ THE RESPONSIBLE TOBACCO RETAILING ACT BUFFALO, NEW YORK By Mr. Demone A. Smith: Re; Ordinance Amendment Chanter 197. Responsible Tobacco Product Detailing The Common Council of the City of Buffalo does hereby ordain as, follows: WHEREAS. More than 2,100 high school age youth in the City of Buffalo and 33,600 adults currently smoke and approximately 390 adults in Buffalo die prematurely from smoking each year; WHEREAS. Each year, approximately 1,200 new kids under the age of 18 in the City of Buffalo try smoking for the first time and, unless current trends change, more than 17,100 of the children alive today in Buffalo will grow up to be addicted adult smokers; WHEREAS. Smoking - caused healthcare costs in the City total at least $108 million per year, with smoking - caused worker productivity losses in the City annually totaling more than $80 million. WHEREAS: Tobacco products — unlike any other consumable product sold at retail — are inherently and inescapably harmful and addictive when used exactly as intended, and there is no safe or risk -free way to consume Tobacco Products; WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create substantial public health harms and other harms and costs in the City; WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create significant law enforcement problems relating to such matters as sales to youth and the sale and purchase of illicit Tobacco Products; WHEREAS. Existing federal, state and local efforts to prevent and reduce tobacco use are not reducing tobacco use and its many harms and costs rapidly enough in the City of Buffalo; WHEREAS: The advertising, marketing and sale of Tobacco Products at retail outlets increases and sustains tobacco use and its many harms and costs by increasing tobacco use experimentation and initiation, especially among youth, reducing tobacco use cessation among existing users, and prompting unplanned impulse purchases of Tobacco Products by both ongoing users and those trying to quit; WHEREAS. The advertising, marketing and sale of Tobacco Products with candy, fruit or other kid- attracting or harshness - reducing flavors in locations accessible by youth increases youth experimentation, initiation and addicted use; �I .� WHEREAS: The advertising marketing and sale of Tobacco Products is inherently deceptive and misleading to consumers because it presents Tobacco Products as acceptable, even beneficial and attractive, items for consumer purchase and use; and just the fact that Tobacco Products are permitted to be sold and advertised misleads many consumers to believe that Tobacco Products are significantly less harmful and addictive than they actually are; WHEREAS: The typically disproportionate amount of advertising for Tobacco Products at retail outlets blocks and impedes the display of advertising for other products that, unlike Tobacco Products, can be used safely and often produce consumer and social benefits - thereby impeding efforts to advertise these other products and blocking the availability of consumer information about these other products; WHEREAS: The advertising and marketing of Tobacco Products at retail outlets and near schools and playgrounds reaches and influences many youths, thereby encouraging initiation and tobacco use by minors, and related purchases by and sales to minors, in violation of applicable laws; WHEREAS: The more youth are exposed to tobacco product advertising, marketing and sales the more likely they are to experiment with and initiate tobacco use and the more likely they are to become addicted users; WHEREAS: Minimizing youth exposure to tobacco product advertising and sales is an effective way to prevent and reduce youth tobacco use; WHEREAS: Minimizing the amount of tobacco product advertising, especially in locations where it is most likely to be viewed by youth, is the most effective way to reduce youth exposure to tobacco product advertising; WHEREAS: Tobacco product manufacturers, importers, distributors and other sellers have numerous ways to communicate product information and provide other advertising to their legal adult customers other than through display advertisements and signs inside or outside of retail outlets or in other outdoor areas; WHEREAS: The First Amendment does not allow the City of Buffalo to eliminate all tobacco product advertising or all tobacco product advertising that reaches youth; WHEREAS: Upcoming new federal restrictions and requirements on cigarette and smokeless tobacco product advertising and marketing will still allow for substantial youth and adult exposure to tobacco product advertising, marketing and sales and will still allow tobacco product advertising and marketing to mislead consumers, increase youth experimentation and initiation, and increase overall tobacco use, harms and costs; WHEREAS: Existing warning labels on Tobacco Products and related advertising, while helpful, do not adequately educate consumers about the harmfulness and addictiveness of tobacco products and do not adequately counter the power of Tobacco Product advertising, -2- marketing and sales to mislead consumers, increase initiation, reduce cessation, and otherwise maintain or increase overall tobacco use; WHEREAS: Additional measures are needed to educate consumers about how harmful and addictive tobacco products are and to inform current users how they can get help to quit or cutback their tobacco use, and to remind consumers of these facts at the point of purchase so that they can avoid unplanned impulse buys of tobacco products and make more thoughtful purchase decisions; WHEREAS: The City of Buffalo is preempted by federal law from requiring warning labels on cigarette or smokeless tobacco packages or advertising; WHEREAS: Reducing the .number of retail outlets that sell tobacco products in the City of Buffalo will make tobacco product sales and marketing less pervasive and appear less acceptable and common and will otherwise help to prevent and reduce tobacco use; WHEREAS: Sales of tobacco products in locations directly associated with healthcare and medicines makes tobacco products appear less harmful and more acceptable than they actually are; WHEREAS: Sales of tobacco products in locations frequented by youth directly increases youth experimentation, initiation and use; WHEREAS: Sales of tobacco products in locations where food or alcoholic beverages are served or at recreational facilities increases unplanned impulse purchases and otherwise increases tobacco use; WHEREAS. Banning the sale of Tobacco Products in the City of Buffalo would cause substantial economic harm to the City and to many retailers located in the City — while Tobacco Products would still be available for purchase by Buffalo consumers in other nearby locations — and could promote a substantial increase in contraband Tobacco Product trafficking and other illicit trade; WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo enjoy substantial revenues and profits ftom the marketing and sale of their Tobacco Products in the City; WHEREAS: Manufacturers and importers of tobacco products often support retailer -based advertising, marketing and discounting of tobacco products in the City of Buffalo through monetary payments and other means; WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo do not currently provide the City with any resources to enable the city to regulate the marketing and sale of those Tobacco Products effectively to reduce and otherwise address the many harms, costs and other problems caused to the City from the marketing, sale and use of those Tobacco Products; 'RIM WHEREAS. The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands and sub - brands in the City of Buffalo — including many with special flavorings attractive to youth and many that are inaccurately perceived by consumers as less risky or less harmful than other brands or sub - brands — works to increase and sustain tobacco use and its many harms and costs; WHEREAS. The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands and sub - brands in the City of Buffalo reduces the variety, availability, and prominence at retail of other, more beneficial consumer products, and their advertising, in the City; WHEREAS. The City of Buffalo has a direct interest in reducing tobacco use and its many harms and costs in the City to the lowest possible levels as quickly as possible; WHEREAS. The City of Buffalo has a direct interest in minimizing youth exposure to any tobacco product advertising, marketing and sales in the City; WHEREAS. The City of Buffalo has a direct interest in minimizing adult exposure to tobacco product advertising, marketing and sales in the City, especially all such tobacco product advertising that is misleading, increases unintended and undesired impulse purchases and use, impedes cessation efforts, or otherwise manipulates or influences adults to initiate, sustain or increase their tobacco use; WHEREAS. The City of Buffalo has a direct interest in stopping disproportionate amounts of tobacco product advertising from blocking the advertising of other products that, unlike tobacco products, are not unavoidably harmful when used as intended and, in many cases, produce substantial consumer and social benefits; WHEREAS. The following new efforts to license retail sellers of Tobacco Products, regulate and restrict the marketing and sale of Tobacco Products to Buffalo consumers, reduce the number of retail outlets that sell Tobacco Products, and otherwise reduce the availability and number of Tobacco Product brands and sub - brands offered for sale to Buffalo consumers will each and all work directly to help reduce tobacco use and the many farms and costs in the City caused by tobacco use and by the marketing and sale of Tobacco Products in the City as quickly and sharply as possible and otherwise promote the City of Buffalo's interests described above; WHEREAS. The following provisions are each and all necessary to help prevent and reduce tobacco use and its harms in the City of Buffalo as quickly and effectively as possible; WHEREAS: Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will have horrible consequences in terms of increased addiction, disease, disability and premature death; -4- WHEREAS. Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will translate directly into higher government, private sector and household expenditures and costs; and WHEREAS. The following provisions will leave tobacco product manufacturers, importers and sellers with reasonable and adequate ways to communicate non - misleading commercial information to their legal customers about the tobacco products they manufacture, import or sell: NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF .BUFFALO, as follows: Section 1. Neu Chapter 195. The Common Council of the City of Buffalo hereby establishes the following new Chapter 195, Responsible Tobacco Product Retailing, be added, effective 90 days after passage, including Sections 195 -1 through 195 -12, to read as follows: Chapter 195, Responsible 'Tobacco Product Retailing § 195-1. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: "Brand" of Tobacco Product means all styles of Tobacco Products sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors — including but not limited to, terms such as "menthol," "kings," "100s," "cherry- flavored," "lights," "smooths," "blues," "rough cut," and the like — or by packaging that uses a different color or style — and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical to or similar to, or identifiable with, a previously known brand of Tobacco Product. "Commissioner" means the Commissioner of the Department. "Department" means the Department of Economic Development, Permit and Inspection Services, or any person authorized by the Commissioner to act on the Department's behalf. "Person" means any natural person, company, corporation, firm, partnership, business, organization, or other legal entity. "Sub- Brand" of Tobacco Product means any Tobacco Product differentiated from other Tobacco Products within the same Brand by means of an additional modifier or descriptor -- including but not limited to terms such as "menthol," "kings," "100s," "cherry- flavored," "lights," "smooths," "blues," "rough cut," and the like — or by packaging that uses a different color or style. "Tobacco Product" means any product or substance that contains tobacco, including but not limited to cigarettes, cigars, pipes, snuff, smoking tobacco and smokeless Tobacco Products, that is intended or expected for human consumption, except for any such product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and -5- devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose. § 195 ®2. Required Licenses. A. Starting April 1, 2011, no person shall engage in the business of selling Tobacco Products to consumers in the City of Buffalo without first having been issued a license by the Department pursuant to a verified written application upon a form provided by the Department. B. Except in cases of a license holder's death and the transfer of the business and related license to his or her heirs, any change in business ownership or business location requires a new application and new license, and all licenses issued pursuant to this Section are nontransferable and are valid for only the specific owner /operator and the specific business location indicated on the license. The application for a replacement license, pursuant to this Section, for the same location by the heirs of a holder of an expiring license who died during the term of the expiring license shall be considered an application for a renewal of a license and not an application for a new license. C. Licenses shall be issued for a period of no more than one year, terminating on the next March 31 following the effective date of the license, unless prior to that date the license is revoked by the Commissioner or the Common Council for cause or abandoned or otherwise terminated by the person holding the license. D. Upon receipt of a complete license application or a complete application for a renewal of a license, the Commissioner shall, to the extent the Commissioner deems necessary or appropriate for determining if a license should be issued, refer such application to the Police Department, Fire Prevention Bureau of the Fire Department, City Treasurer and any other relevant department or agency of City, State or Federal Government. E. No license for the sale of Tobacco Products shall be issued if the applicant is not registered with the state as a retail dealer in cigarettes or other Tobacco Products. F. No license for the sale of Tobacco Products shall be issued, and any existing license shall be revoked, if- (1) the applicant has been found by a court of law to have violated any federal, state or local law prohibiting trafficking in contraband Tobacco Products or illegal drugs or has been convicted of violating any criminal law pertaining to tobacco products or fraud; (2) the applicant has been found by a court of law or formal administrative hearing to have violated this Act or any local, state or federal law pertaining to the marketing or sale of Tobacco Products more than three times in the preceding two years; (3) the applicant has been found by a court of law or formal administrative hearing to have knowingly and willfully violated this Act or any other local, state or federal law pertaining to the marketing or sale of Tobacco Products; (4) the applicant knowingly provides false and misleading material information or knowingly fails to disclose material information in an application for a license under this Chapter; (5) the structure that is the subject of the application is determined to have code violations that threaten the health and safety of patrons or does not have a valid certificate of occupancy; (6) if the applicant has not paid to the City all fees, lines, penalties or other charges pertaining to any licenses pursuant to this Chapter held by the applicant or held for the subject location or pertaining to any prior violations of this Chapter pertaining to that location, unless the Department has determined that the applicant has no direct connection with those licenses or violations or to any related fees, fines, penalties or other charges; or (7) the Commissioner determines that the applicant is otherwise not fit to hold a license because of past criminal convictions or civil law violations. G. No license shall be issued pursuant to this Section to any seller of Tobacco Products that is not in a fixed, permanent location. H. Unless the applicant has owned a business that has been selling Tobacco Products at that same location for at least 180 consecutive days immediately prior to the enactment of this Chapter, or has inherited such a business from the prior owner during those 180 days, no new license shall be issued pursuant to this Section to any seller of Tobacco Products: (1) , located at or on the property of any hospital or any other facility where health care services are provided; (2) that also sells prescription drugs at the same location; (3) that also sells or serves alcoholic beverages for on- premises consumption at the same location, (4) that operates a bowling alley, movie theater, game room or amusement arcade at the same location, or that obtains more than 50 percent of its revenues from providing any services or products used or consumed on site by children at the same location; (5) located at or on the property of any elementary or secondary school, college, university, or other educational institution; (6) located at any facility or property used primarily to provide on -site services to persons under the age of 18, such as child day care centers, children's institutions and youth centers; or (7) located within 1,000 feet of the perimeter of the property of any location identified in Paragraphs (5) or (6), above. dM I. Starting April 1, 2012, the total number of new and renewed licenses issued in the City of Buffalo pursuant to this Section for the sale of Tobacco Products to consumers for any year shall not exceed the total number of all such licenses in effect during the prior year. J. Starting April 1, 2013, the total number of new (as opposed to renewed) licenses issued in the City of Buffalo pursuant to this Section for the sale of Tobacco Products to consumers in any year shall amount to no more than one new license for every two such licenses that were revoked in the prior year and one new license for every two such licenses issued in the prior year for which no renewal application was submitted or granted, until such time as the total number of either type of license issued pursuant to this Section in any given year is no more than 100 at which point the maximum number of available licenses for that and any future year shall be maintained at 100. K. After the license year ending March 31, 2014, no license to sell Tobacco Products shall be issued pursuant to this Section to any seller of Tobacco Products at any location that has any of the characteristics identified in Paragraphs (1) through (6) of Subsection H, above, of this Section. L. Whenever the number of valid submitted applications for new licenses to sell Tobacco Products exceeds the maximum number of such new licenses that may be issued pursuant to this Section, the Commissioner shall grant such licenses using the following priorities: (1) Licenses shall be granted, first, to any person that held a valid license in the prior year, which is not being renewed, at a location that will in the future no longer qualify for such a license because of Subsection K, above, and is voluntarily moving his business ahead of time to a location where Tobacco Products may be sold even after Subsection K goes into effect. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery, (2) Licenses shall be granted, second, to any person that held a valid license in the prior year at a location that no longer qualifies for such a license because of Subsections L, above, and is seeking a license at a new location where Tobacco Products may be sold. If there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery; (3) Licenses shall be granted, third, to applicants who will sell the Tobacco Products only from a facility that does not permit persons under the age of 18 at any time. If there are more valid applications from such adult -only sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery; (4) Any remaining available new licenses shall be allocated among applicants from the different Common Council Districts in order to bring the total number of .renewed and new licenses of each type in each District to approximately the same number. If there are more valid applications from applicants located in a specific Common Council District than the number of new licenses allocated to be issued for that District, the licenses for that Common Counsel District shall be granted to those applicants by lottery. M. The Commissioner shall state in writing why a license is not issued or renewed, shall advise the applicant in writing of such reason, and shall offer the applicant an opportunity for a hearing. The Commissioner may appoint a hearing officer to conduct such a hearing. N. The Commissioner may suspend or revoke a license issued pursuant to this Chapter for violations of its terms after notice to the license holder of the reasons for such suspension and revocation. The Commissioner shall provide any license holder an opportunity for a hearing regarding such suspension or revocation. Such hearing shall be held in a timely manner, shall provide the license holder with a statement of the alleged violations, shall offer the license holder an opportunity to cross examine witnesses against him or her, to offer evidence and argument on his or her behalf and to be represented by counsel. A record shall be made of the hearing. The Commissioner may appoint a hearing officer to conduct the hearing and to present the Commissioner with the record and the hearing officer's findings, conclusions and recommendations. The Commissioner shall have the sole authority to make a final determination regarding the suspension or revocation of a license. O. Any license issued pursuant to this Chapter shall be displayed prominently at the location where the Tobacco Products are sold so that it is readily visible to customers. P. Any seller of Tobacco Products operating without the license required by this Chapter shall be subject to a fine. Every day offering for sale or selling Tobacco Products without a license shall constitute a separate violation, Q. Any seller of Tobacco Products that continues offering for sale or selling Tobacco Products without the license required by this Chapter after receiving notice from the Department or the Buffalo Police Department that the seller is operating without a license required by this Chapter shall be immediately closed by order of the Department or the Buffalo Police Department until such time as the seller removes all the Tobacco Products from the location or obtains the required license. § 195-3. Required Permits. A. Starting January 1, 2011, no person shall sell, offer for sale, or otherwise provide to consumers in the City of Buffalo any Brand or Sub -Brand of any Tobacco Product unless the name of that Brand or Sub -Brand has been put on the Department's list of Tobacco Product Brands and Sub - Brands that may be sold to consumers in the City pursuant to this Section. B. No Brand or Sub -Brand of Tobacco Product may be placed on the list of Tobacco Product Brands and Sub - Brands that may be sold to consumers in the City pursuant to this Section unless the manufacturer or an importer into the United States of that Brand or Sub -Brand has obtained a permit for that Brand or Sub -Brand from the Department pursuant to submitting the permit fee payment and a verified written application upon a form provided by the Department. Only one tee: =t F ms s ,_ permit shall be required for each Brand and for each Sub -Brand of a Tobacco Product to allow its sale in the City. C. All permits issued pursuant to this Section are nontransferable, and are valid for only the Brand or Sub -Brand indicated on the license. Any change in the Brand or Sub -Brand requires a new application. D. Permits shall be issued for a period of no more than one year, terminating at the end of the calendar year of the effective date of the license, unless prior to that date the permit is revoked by the Commissioner or the Common Council for cause or abandoned or otherwise terminated by the person holding the permit. E. The annual fee for each permit issued pursuant to this Section shall be $1,000 for each Brand or Sub - Brand, and all permit fees paid to the Department shall be used solely for the administration and enforcement of this Chapter and other City laws relating to Tobacco Products. The Commissioner shall annually review the actual and expected payments received by the City for the permits issued pursuant to this Section compared to the City's actual and expected expenditures to administer and enforce this Chapter and other City laws relating to the retail sale of Tobacco Products in the City, and the Commissioner shall adjust the permit fee amount for the next permit year whenever a significant shortfall or excess of permit fee revenues occurs or is projected for the coming fiscal year, except that the permit fee shall not be increased or reduced by more than $500 for any year without the Common Council's formal consent. F. Upon receipt of a complete permit application or a complete application for a renewal of a permit, the Commissioner shall refer such application to the relevant departments or agencies of City, State or Federal Government which the Commissioner deems appropriate for determining if a permit should be issued. G. No permit shall be issued for the Brand or Sub -Brand of any manufacturer or importer if the applicant: (1) does not have a valid permit to engage in the business of manufacturing or importing Tobacco Products from the federal government pursuant to the Internal Revenue Code (26 USC 5712 et seq.); () sells cigarettes to consumers in New York State, as defined by New York State Public Health Law Section 1399 -p, and is not compliant with that State law; or (3) knowingly provides false and misleading material information or knowingly fails to disclose material information in an application for the permit. H. No permit shall be issued for any Brand or Sub -Brand of cigarettes that is not certified as compliant with New York State fire-safety standards for cigarettes pursuant to New York State Executive Law Section 156-c, as identified on the list of certified brands and sub - brands maintained by the Office of Fire Prevention Control of the New York Secretary of State. —10— I. No permit shall be issued for any Brand or Sub -Brand of Tobacco Product that is not allowed to be sold in the City of Buffalo pursuant to Section 195 -7, below. ,I. No permit shall be issued, and any existing permits shall be revoked, for the Brands or Sub - Brands of any Tobacco Product manufacturer or importer that has, within the past two years, been convicted of violating any federal, state or other criminal laws prohibiting trafficking in contraband Tobacco Products. K. Any Brands or Sub -Brand of Tobacco Products without a permit under this Chapter that are offered for sale to consumers in this City shall immediately be confiscated by the Buffalo Police Department or the Department. Any such confiscated Tobacco Product Brands or Sub -Brand that do not have a permit under this Chapter shall be destroyed unless used for enforcement or research purposes. L. The Department shall regularly update the list of Tobacco Product Brands and Sub- Brands that have a valid permit pursuant to this Section and may be legally sold to consumers in the City of Buffalo, and shall make that list available to those licensed to sell Tobacco Products in the City and to the public by posting the list on the City's website and through other means. M. Upon request from the Department, any person selling Tobacco Products in the City of Buffalo shall provide the Department with a list of all Brands and Sub - Brands of Tobacco Products the seller sells or offers for sale in the City and shall identify the person or other source from which the seller obtains each of those Brands and Sub- Brands. Any information provided to the Department pursuant to this Subsection shall be used only to administer and enforce this Chapter and any other laws relating to the sale of Tobacco Products in the City of Buffalo. § 195 -4. ,Administration and Enforcement of Permits and Licenses. A. The Department may issue any regulations or guidelines necessary to implement, administer or enforce this Chapter. B. Any license or permit granted under this Chapter may be suspended or revoked for cause by the Common Council, after notice and hearing. C. The procedure for governing license and permit renewals pursuant to this Chapter shall follow the same procedures used for food store licenses under Chapter 194, Subsection 194 -7.1, including its references to Section 194 -7. D. The Department shall establish a process for receiving and investigating reports from the public and others relating to the suitability of applicants for licenses or permits and to suspected or observed violations of this Chapter. E. The City of Buffalo reserves the right to make unannounced, periodic on -site inspections during business hours by the Department or other enforcement officials to ensure compliance with all applicable laws and ordinances. The Department, or a person authorized by the Commissioner to act on the Department's behalf, shall make at least one unannounced inspection - 11 - - if i s each year of each location subject to a license issued pursuant to this Chapter to ensure compliance with this Chapter and identify any violations. F. To avoid duplicated efforts, conserve funding, and enhance the administration and enforcement of this Chapter, the Department may coordinate its efforts to implement and enforce this Section and this Chapter with other New York state or local governments or governmental agencies with similar laws and make use of any information or other resources available from those other governments or agencies. G. The issuing of any license or permit pursuant to this Section or Chapter shall not confer any property rights on any holder of any such license or permit. H. The Department shall maintain regularly updated lists of the persons holding a license or permit pursuant to this Chapter and make those lists publicly available by posting the lists on the City's website and through other means. § 195 -5. restrictions on the distributions or sale of free or discounted Tobacco Products. A. No person shall for commercial purposes: (1) offer or distribute to consumers in the City of Buffalo any Tobacco Product for free, or offer for sale or sell any Tobacco Product to consumers in the City at a nominal price or at Less than Basic Cost; (2) distribute or cause to be distributed to consumers in the City any coupon or other item redeemable by consumers to obtain a Tobacco Product for less than its Listed or Non - Discounted Retail Price; (3) shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any Coupon for providing consumers in the City any Tobacco Product for less than its Listed or Non - Discounted Retail Price; (4) sell to consumers in the City any Tobacco Products through any multi -pack discounts (e.g., "buy-two-get-one-free") or otherwise provide any Tobacco Products to consumers for free or at a discounted price in exchange for the purchase of any other Tobacco Product; (5) sell to consumers in the City any Tobacco Product at less than its Listed or Non - Discounted Retail Price; B. For the purpose of this Section: (1) "Coupon" shall mean any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price; and —12— s �Y (2) "Listed or Non - Discounted Retail Price" shall mean the higher of the price listed for a Tobacco Product on its package or the price listed on any related shelving, posting, advertising or display at the place where the Tobacco Product is sold or offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons; and (3) "Less Than Basic Cost" shall mean less than the price actually paid by the seller to obtain the Tobacco Product, not including any rebates or other payments or credits obtained after the initial purchase, or, if higher, the following amounts plus all applicable state and local taxes: (i) for cigarettes, $3.00 per 20; (ii) for conventional moist snuff smokeless tobacco, other loose smokeless tobacco, and loose tobacco for smoking, $3.00 per 1.2 ounces; (iii) for cigars weighing more than four and a half pounds per thousand, 50 cents per cigar; (iv) for cigars weighing less than four and a half pounds per thousand, $3.00 per 20; (v) for any other Tobacco Products sold in discrete single -use units or packages of such single -use units (such as smokeless lozenges, tablets or snus), $3.00 per 20; and (vi) for any other Tobacco Products, $3.00 per package or $3.00 per ounce, whichever is higher. Starting in 2012, the Commissioner shall adjust these monetary amounts and the monetary amount in Section 195 -6 upward every two years, rounding up to the nearest ten cents, effective April 1, to account for inflation and Tobacco Product price increases, based on any percentage increase to the U.S. Bureau of Labor Statistic's Consumer Price Index for Tobacco and Smoking Products over the prior two complete calendar years. § 195 -6. Tobacco Product packages. A. No person shall sell or offer for sale or distribute to consumers in the City of Buffalo any Tobacco Product, other than premium cigars wrapped in whole tobacco leaf, except in a sealed package provided by the manufacturer or importer that complies with all applicable laws. B. No person for commercial purposes shall sell or offer for sale or distribute to consumers in the City any Tobacco Products except in the following minimum package sizes: (1) for cigarettes, twenty cigarettes; (2) for conventional moist snuff, other loose smokeless tobacco, or loose tobacco for smoking, one ounce; (3) for cigars with a retail price, before any sales taxes, of less than $2.00 per cigar, five cigars; (4) for all other cigars, one cigar; and (5) for any other Tobacco Products sold in discrete single -use units (such as smokeless lozenges, tablets or snus), 10 such single -use units. § 195 -7. Restrictions on Flavored Tobacco Product Sales. —13— A. No person for commercial purposes shall sell, distribute or offer for sale to consumers any Tobacco Product or any component part thereof that: (1) has or produces a distinguishable flavor, taste or aroma (other than tobacco, menthol, wintergreen or mint) that can be readily perceived by a consumer or other person either prior to or during consumption; or (2) does not have or produce such a distinguishable flavor taste or aroma but is nevertheless labeled or advertised or otherwise marketed in the City of Buffalo as having or producing such a distinguishable flavor, taste or aroma. B. A Tobacco Product shall be deemed to be subject to this Section 195 -7 if its labeling or advertising or a publicly disseminated official statement or formal claim by the manufacturer or importer, or by any person authorized or permitted by the manufacturer or importer to make such statements or claims concerning the Tobacco Product on its behalf, states that the Tobacco Product has or produces a flavor, taste, or aroma (other than tobacco, menthol, wintergreen or mint) either prior to or during consumption. C. A Tobacco Product shall not be subject to this Section 195 -7 solely because it contains certain additives or flavorings or because it has certain additives or flavorings included in any ingredient list. D. For the purpose of this Section 195 -7 "Tobacco Product" includes any product containing tobacco or nicotine that is expected or intended for consumption except for: (1) any cigarettes subject to the Special Rule for Cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco Prevention Act; (2) any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose. E. The prohibitions is Subsections A and B, above, shall not apply to any Tobacco Product sold in a permanent retail sales outlet that does not admit any person under the age of 18 and obtains no less than 75% of its revenues from the sale of Tobacco Products and cigarettes and other tobacco - related items. § 195 -8. Non - Approved Nicotine Products. No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined by state laws taxing tobacco products and prohibiting their sale to youth, shall be distributed or sold to consumers in the-City of Buffalo unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. For the purposes of this Section 195 -8, no product containing or delivering nicotine intended or expected for human —14— F consumption shall be considered a tobacco product, even if the nicotine in the product is derived from tobacco, unless the product actually contains tobacco. § 195-9. Required signage at locations selling Tobacco Products. A. Starting January 1, 2011, any person located in the City of Buffalo in the business of selling Tobacco Products to consumers in this City shall prominently display educational warning signs made available by the Department regarding tobacco products and their use, harms and addictiveness. B. The signs referred to in Subsection A may use text, graphics, colors, images or pictures and shall provide information from the Department and the City about the addictiveness and harmfulness of tobacco use or the benefits from quitting or reducing such tobacco use and may also provide the following information and messages from the Department and the City: (1) the telephone number "800 -QUIT -NOW (800 - 784 - 8669)" or other phone numbers or email or website addresses people can use to get assistance for quitting their tobacco use; (2) additional information and guidance regarding quitting or reducing tobacco use; (3) statements encouraging Tobacco Product users to quit and to use the provided information to get help quitting; and (4) toll -free telephone numbers, email addresses, or website addresses for reporting any suspected violations of this Chapter or other laws pertaining to Tobacco Products and related information and guidance. C. Except as provided in Subsection E, the signs made available by the Department pursuant to this Section shall be no smaller than 144 square inches and no larger than 256 square inches. D. Except as provided in Subsection E, any business subject to this Section shall, within 90 days of when they are made available, display the signs made available by the Department pursuant to Subsection C, unobstructed, at all of the following locations with the bottom edges placed no lower than 36 inches from the floor and the top edges placed no higher than 84 inches from the floor: (1) at each cash register or place of payment so that they can easily be seen and read by each consumer making a purchase; (2) if different from the locations described in paragraph (1), at each location where tobacco products are displayed so they can be seen and read easily by each person considering a tobacco product purchase; and (3) at each entrance to the business so that they can be seen and read easily by each person entering the business. -95- E. The Department shall also make available signs that satisfy the requirements of this Section that are no smaller than 324 square inches and no larger than 576 square inches; and businesses subject to this Section that have a wall behind a sales counter or cash register to post one such sign on that wall, unobstructed, instead of the signs required at the sales counters or cash registers in front of that wall by Subsection D, with the bottom edge placed no lower than 48 inches from the floor and the top edge placed no higher than 90 inches from the floor. F. For good cause, based upon a written application submitted by a business subject to this Section, the Department may, at its discretion, alter the requirements of Subsections D and E to accommodate the physical arrangement or size of the business while still ensuring that the resulting required signs will be clearly visible to all store patrons at the point of entrance and purchase and at any other location where tobacco products are displayed. G. To promote the purpose of this Section 195 -9 and this Chapter, the Department shall have the authority, in consultation with the City of Buffalo Wellness Program and other public health experts, to: (1) issue regulations, rules or other notices to establish more precise requirements relating the placement or location of the signs that must be displayed pursuant to this Section or to otherwise facilitate the administration and enforcement of this Section; (2) determine the actual size and content of the signs within the parameters and requirements of this Section; (3) produce the signs that comply with this Section or obtain them from other sources; (4) offer or distribute the signs to businesses subject to this Section for free or at a reasonable price that is not significantly more than necessary to cover any expenditures by the Department related to obtaining, producing and distributing the signs which are in excess of the revenues obtained by the Department pursuant to Section 1953.E and allocated by the Department to support the administration of this Section 195 -9; (5) periodically modify the text, images or other content of the signs made available by the Department pursuant to this Section based on the Department's determination that such modifications may help to education consumers about tobacco use and its harms, otherwise help to prevent and reduce tobacco use and its harms, correct misinformation among consumers about tobacco products or their use and harms, assist the enforcement of this Section 1959 and this Act; or otherwise promote the purposes of this Section and this Act; (6) require no more than three times per year that businesses subject to this Section 195 -9 replace some or all of the signs posted at their business pursuant to this Section with any new, modified or different versions made available by the Department. § 195-10. Sales Restrictions. -16- A. Sale or distribution of Tobacco Products to consumers through a vending machine is prohibited. For the purposes of this Section 19510 "vending machine" shall mean any mechanical, electronic or other device that automatically dispenses Tobacco Products, usually upon the insertion of a coin, bill, token, credit or debit card or other payment item without the active participation of any human seller or distributor. The owner and operator of the location where an active tobacco vending machine is placed and the owner and operator of such tobacco vending machine shall each, in addition to any other applicable penalties, be subject to the fines contained in Chapter 175 of this Code. Any tobacco vending machine found by the Department to be in operation in violation of this Section 19510 for a second or subsequent time, shall be sealed, removed, impounded, or otherwise secured by a member of the police department or any other authorized enforcement agency so as to prevent such vending machine's continued illegal operation. B. No sale of Tobacco Products to consumers shall be made unless the person making the sale to the consumer is at least eighteen years of age, except that the minimum age for a retail outlet's sales staff who are members of the family of the person that both owns and operates the retail outlet shall be sixteen years of age. C. No person shall sell or provide for commercial purposes any Tobacco Products to any person who is less than 18 years of age. D. No person shall sell, offer for sale, or otherwise provide for commercial purposes any blunt wraps to any consumer. For the purposes of this Subsection, "Blunt Wrap" means any product that is made or sold for encasing, wrapping or rolling tobacco or any other material for the purpose of smoking, if such product is designed to be filled by the consumer and is: (a) made wholly or in part of tobacco; or (b) made of paper or any other material that does not contain tobacco and is: (i) intended, when filled by the consumer, to produce a finished wrap that measures 120 millimeters or more on its longest side, or (ii) sold as a pre- rolled hollow cone, the circumference of which is not equal at both ends. § 195-11. Tobacco Product Advertising Restrictions, A. At any facility that sells Tobacco Products to consumers: (1) the total square footage of all Tobacco Product sign or display -type advertisements inside the facility (as opposed to pamphlets, flyers and other handouts) shall not exceed the total square footage of all sign or display type advertisements inside the facility for all other products and services sold or offered for sale at that facility; and (2) the total square footage of all Tobacco Product sign or display -type advertisements outside the facility on its property shall not exceed the total square footage of all sign or display type advertisements outside the facility on its property for all other products and services sold or offered for sale at that facility; and (3) all indoor or outdoor Tobacco Product sign or display -type advertisements shall: (i) not contain any human images; —17— (ii) not contain any cartoons; (iii) not use any colors other than black and white; and (iv) be restricted to black text on a white background. B. The restrictions in Paragraphs A(1) and A(2) shall not apply at any facility that obtains more than 45 percent of its total revenues from the sale of Tobacco Products. C. The restrictions in Paragraph A(3) shall not apply to any depictions of Tobacco Product packages or trademarks that, in total, constitute no more than the smaller of 20 percent or 100 square inches of the advertisement. D. All outdoor Tobacco Product sign or display type advertisements are prohibited on the property of any elementary or secondary school and, except for individual advertisements of no more than 100 square inches that are not coordinated with any other advertisements, are prohibited within 1,000 feet of the perimeter of any such property, except that any facility that sells Tobacco Products to consumers located within 1,000 feet of any such property may display no more than two non - coordinated outdoor signs of no more than nine square feet each consisting solely of black text on a white background to notify passersby that Tobacco Products or specific types or brands of Tobacco Products are available for purchase at that location, and such signs may provide the names of the types, brands or sub - brands of any specific tobacco products available for purchase at that location and their prices. E. Upon written application by a seller of Tobacco Products with a valid license pursuant to this Chapter or a manufacturer or importer of Tobacco Products with a valid permit pursuant to this Chapter, the Commissioner shall allow tobacco product ads in excess of the square footage restrictions in Paragraphs A(l) or A(2) or the number or square footage restrictions in Subsection D, or allow the use of color or graphics in a Tobacco Product advertisement subject to Paragraph A(3) or in a sign permitted by Subsection D if the Commissioner determines that the exceptions; (1) are necessary to enable the applicant to convey product information to legal adult consumers that cannot be provided to them through other reasonable means; and (2) will not create any significant risk of sustaining or increasing Tobacco Product use levels, youth initiation, unplanned impulse purchases, or related harms. § 195 -12. Penalties. A. Any person found to have violated this Chapter shall, for a first offense, be liable for a civil penalty of not less than $100 or more than $500 for each violation and, for any second or subsequent offense, not less than $250 or more than $2,000 for each violation. B. Any person found to have violated this Chapter shall, for a third or subsequent offense in any two year period, have any licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter shall be issued to that person or for any business or property owned wholly or in part by that person for a period of not less than one year and not more than five years. _1g_ C. Any person in the business of selling Tobacco Products found to have knowingly and willfully violated this Chapter may, for a first offense, have any related licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter issued to that person or for any business or property owned wholly or in part by that person for a period not to exceed five years, and any person found to have knowingly and willfully violated this Chapter shall, for a second offense, have any related licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter shall be issued to that person or for any business or property owned wholly or in part by that person for a period of not less than one year and not more than ten years. D. In any action brought to enforce this Chapter, the party bringing the action, if the prevailing party, shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney's fees, plus interest; and any City agency or office incurring any such costs or fees shall be directly reimbursed in full, with interest, and shall retain those funds for its own purposes. E. Any penalties, damages, reimbursements or fees authorized by this Section or Chapter are cumulative to each other and shall be in addition to any other penalties, fines, damages, or restitution authorized by law. F If a court determines that a person has knowingly violated the provisions of this Section or Chapter, the court shall order any profits, gains or other monetary benefits from the violation to be disgorged and paid to the City. G. Notwithstanding any other provision of law, an amount equal to or greater than fifty percent of all civil penalties and fines recovered by the City under this Chapter shall be provided to the City departments, offices or agencies responsible for enforcing this Chapter or making related investigations, in rough proportion to their participation in the enforcement and related investigations, solely to increase and supplement, but not to replace, existing resources supporting City efforts to enforce this Chapter and to enforce other City laws relating to Tobacco Products. H. A proceeding to recover any civil penalties or reimbursements or other remedies provided for in this Section may be commenced by the service of a notice of violation, which shall be returnable to the Bureau of Administrative Adjudication, The Bureau of Administrative Adjudication shall have the power to impose the civil penalties and other remedies prescribed by this Section or Chapter or in Chapter 175 for violations of this Chapter. I. Whenever any person has engaged in any acts or practices which constitute a violation of any provision of this Chapter or any rule promulgated thereunder, the City may make application to a court of competent jurisdiction for an order enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices or obtaining any other relief, penalties or damages. J. Any person acting for the interests of itself, its members, or the general public (hereinafter "the Private Enforcer ") may bring a civil action in a court of competent jurisdiction to enforce -19- this Chapter, including related injunctive relief Nothing in this Chapter shall prohibit the Private Enforcer from bringing a civil action in small claims court to enforce any part of this Chapter, and nothing in this Chapter shall prevent the City of Buffalo from joining in any proceeding initiated by a Private Enforcer. Upon proof of a violation in any such proceeding, whether or not the City is a party: (1) all related civil fines, or penalties or payments pursuant to subsection D, above, shall be paid to the City as called for in this section 195 -12; and (2) the higher of any other established damages, including any exemplary or punitive damages, or an amount not to exceed $1,000 for each new violation established by the Private Enforcer's civil action shall be paid to the Private Enforcer, along with all reimbursements pursuant to subsection D, above. K. starting in 2012 and every two years thereafter, effective April 1, the Commissioner shall increase the monetary amounts of all fines and penalties in this Section, rounding up to the nearest ten dollars, to account for inflation and Tobacco Product price increases, based on the percentage increase, if any, to the U.S. Bureau of Labor statistic's Consumer Price Index for Tobacco and Smoking Products over the prior two complete calendar years. Section 2. Amendments to Chapter 175, The Common Council of the City of Buffalo hereby amends Chapter 175, Pees, of the Code of the City of Buffalo, by adding the following fees: Chapter 195, Retail Marketing & Sale of Tobacco Products Section 195 -2A, license for the retail sale of Tobacco Products New license License renewal Operating without a license No fee No fee $1,000.00 per day Section 195-10, prohibited operation of Tobacco Products Vending Machine Prohibited operation of a vending machine $1000.00 per day Section 3. Conforming Amendment. Chapter 483, Vending Machines, of the Code of the City of Buffalo is hereby deleted. Section 4. %vet abiliiyK (a) If any section, subsection, paragraph, sub - paragraph or other provision of this Act is held invalid, such invalidity shall not affect other sections, subsections, paragraph, sub - paragraph or provisions of this Act which can be given force and effect without the invalidated section, subsection, paragraph, sub - paragraph or provision. —20— (b) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to businesses engaged in ' the sale of cigarettes, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to businesses engaged in the sale of Tobacco Products other than cigarettes. (e) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to cigarette advertising, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to advertising for Tobacco Products other than cigarettes. (d) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to cigarettes and /or smokeless tobacco products, preempted by the federal Family Smoking Prevention and Tobacco Control Act or any other law, those requirements or restrictions shall remain in full force and effect only in regard to Tobacco Products other than cigarettes and/or smokeless tobacco products. Section 5. Effective date. This Act shall take effect 90 days after its enactment into law. .E9� ) MM ITT EE S $: y -- g L -21- BY. DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo • Erik D. Svensson • Paul C. Simonian • Kevin J. Lozano • George K. Arthur, Jr. • Joseph J. Tomizzi • William T. Buyers ')i' i (-) `a BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Roland Georges • Steven Specyal • Omar Torres • Donna M. Bigouette • Marilyn Rodgers • Evelyn Viera • Ryan G. Snyder • Dennis Mavek • Carrie Ostrander • Rodney Carmichael TOTAL 17 VA • Edward Betz • Michael L. Mallia • Heather M. Machin • Whitney Blair Kemp • Krista Steward • Kelly Friedman • Augustine Olivencia F c 00 No. By Mr. Smith Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Mr.. Charles P. Blakely Sr. & Mrs. Larusha Blakely By Councilmember Demone A. Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmeinber Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED June 22, 20 10 _ F K: At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, June 8"', 2014, the following resolution was unanimously adopted, sponsored by the Hasten District Council Member Demone A. Smith: Whereas: M r. Charles P. Blakely, Sr. and Mrs. Larusha Blakely reside at 17 Waverly Street in the City of Buffalo, NY and have been residents of the Masten District since 1952; and Whereas: Mr. Charles P. Blakely, Sr.. and Mrs. Larusha Blakely both originally hail from small towns in the South. Charles was born. -in Evergreen, Louisiana and Larusha was born in Calhoun palls, South Carolina; and Whereas: Mfr. Charles: P fllakely, S'r . pt^c?udly served as a member of our nation's armed forces during World War 11 and spent bars career working at BethlehetM Steel and Mrs. Larrasdta Blakely worked for many r gars n -the hoMe healthcare field, and Whereas: M -tlakely,.Sr, and Mrs. Barusha`Blakely were: united in holy matrimony on June- 9 -, 1 X50 in Buffalo, NY; and Whereas: prom this haplaY and fruitful union Mr; Charles P. Blakely, Sr. rl d l rs. arusha .Blakely have peen Ve4ed with twtl sons, six grandchildren,_ and four great-&q zdcl2rldren; and Whereas � r Charles P ,Blakely, Si . and Mrs. Lar'usha. B �v lakely t�r h P d� lldount Zion Church of Gad Lldlih6e on Oakgrove .Avenue in the City ref Buffalo; and.. Whereas: June 9 of Chas year will mark the sixtieth wedding,aoniversary of111r Charles d' Blakely, Sr: Hrs. Iuru,shraPlrakely, Now, Therefore, -Be It Resolved: That the Common ro neil of the City of liuffalo in its - deliberation to congratulate Mr. Charles P. Blakely, SrrlMs.:al`usha Blakely upon reaching the rnalestore of their sixtieth wedding anniversary and _�vi e "many �nvt'e 1?appy year's togethe Gerald Ch alinski rezone A. Smith City Clerk Masten District Council lWember 04.10 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. Regula Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Tuesday, June 29, 2010 at 9 :45 o'clock A.M. Tuesday, June 29, 2010 at 10 :00 o'clock A.M. Tuesday, June 29, 2010 at 1 :00 o'clock P.M. Committee on Legislation Tuesday, June 29, 2010 at 2 :00 o'clock P.M. (Public DisclaimcO: All meetings are subiect to chanize 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. 00111 No. Adjournment r On a motion by Mr. Fontana, Seconded by N orms, the Council adjourned at GERALD CHWALINSKI CITY CLERK June 22, 2010 Board of Police and Fire Pension Proceedings #6 Office of the Mayor -201 City gall June 17, 2010 Present: Timothy Ball, Assistant Corporation Counsel Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June17, 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of June 17, 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 noes -0. No. 3 On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.